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

Vol. 144 WASHINGTON, MONDAY, FEBRUARY 9, 1998 No. 8 House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, February 11, 1998, at 3 p.m. Senate MONDAY, FEBRUARY 9, 1998

The Senate met at 11 a.m., and was RECOGNITION OF THE MAJORITY familiar with the bill that has been called to order by the President pro LEADER crafted by Senator BILL FRIST, who tempore (Mr. THURMOND). The PRESIDENT pro tempore. The certainly knows the subject matter of able majority leader, Senator LOTT, of medical research and science and the cloning issue, and then when they hear PRAYER Mississippi, is recognized. Mr. LOTT. I thank you, Mr. Presi- from Senator BOND and Senator GREGG The Chaplain, Dr. Lloyd John dent, and are able to be involved in discus- sion and debate, I think Senators will Ogilvie, offered the following prayer: f feel comfortable with what we are Almighty God, our Father, we begin SCHEDULE doing here and we should move this this new week with a sense of Your Mr. LOTT. This morning the Senate cloning legislation forward so that we spirit calling us to prayer. will be in a period for the transaction will not have even the threat of human In response, we praise You, not only of morning business until 12 noon. At cloning. for all that You give us and do for us noon, as previously agreed to, the Sen- Also this week the Senate may con- but for who You are. You are our Cre- ate will proceed to executive session to sider the nomination of Margaret Mor- ator, sustainer, redeemer, strength, debate for up to 6 hours the nomina- row to be a district judge in California and hope. Most of all, we praise You for tion of David Satcher to be the Sur- and the nomination of Frederica Massiah-Jackson to be a district judge Your grace—Your unchanging, unquali- geon General and Assistant Secretary in Pennsylvania. We will continue to fied, unlimited love. It is given before of HHS. work with the administration and our we deserve it and is never dependent on As a reminder to all Members, no colleagues on both sides of the aisle our earning it. rollcall votes will occur during today’s session of the Senate. However, the with regard to a resolution on Iraq. Your love opens us up to You. It next rollcall vote will occur on invok- As a reminder to all Members, the makes us willing to confess anything ing cloture on the Satcher nomination next rollcall vote then will occur at 11 that stands between us and You and be- Tuesday at 11 a.m. If cloture is invoked a.m. on Tuesday morning to invoke tween us and anyone else. Forgive on that nomination, then a second vote cloture on the Satcher nomination. what we have done and what we have would occur immediately on the con- f left undone. Most of all, forgive our re- firmation of the nomination. luctance to love and affirm others. In addition, a cloture motion has Help us to be to others the love that been filed, on Thursday, on the motion VETO MESSAGE ON H.R. 2631 You have been to us. to proceed to the cloning legislation. Mr. LOTT. Mr. President, I ask unan- We commit our loved ones and Therefore, a cloture vote will occur on imous consent that the veto message friends to Your care. They need Your Tuesday also. We will announce the to accompany H.R. 2631, the military strength and courage. And we commit exact time after consultation with the construction appropriations bill, be ourselves to work today as an expres- minority leader. This cloture motion is deemed read and, as the Constitution on the motion to proceed. provides, be spread upon the journal; sion of our worship of You. Once again, I would like to note I do and that the majority leader, after con- Dear God, bless America. Give us think this is an issue on which we sultation with the minority leader, be Your vision for the future and a deter- should go forward. It is a complicated authorized to proceed to the reconsid- mination to be faithful and obedient to bill. There are some legitimate con- eration of the said bill, the objections You. Through our Lord and Savior. cerns that need to be addressed, or dis- of the President of the United States to Amen. cussed at least. When Senators become the contrary notwithstanding.

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

S465 S466 CONGRESSIONAL RECORD — SENATE February 9, 1998

The PRESIDING OFFICER (Mr. ROB- We have sympathy for the Iraqi peo- always uncertainties in war. The con- ERTS). Without objection, it is so or- ple. The U.N., led by the United States, sequences of any kind of military un- dered. has provided millions of dollars in hu- dertaking are far-reaching. With the Mr. LOTT. I would indicate that that manitarian aid for the Iraqi people. current tensions in this region and the vote will probably not occur until after But we must remember that Hussein grim prospects for peace in the Middle the recess coming up at the end of this used chemical weapons against his own East, this area of the world could erupt week. people and has starved his own people like a tinder box. Whatever military I yield the floor, Mr. President. in his clandestine and relentless pur- action might be taken against Saddam f suit of these weapons. Hussein, it must be surgical, it must be Time after time he has directly chal- precise, and it must be focused and, RESERVATION OF LEADER TIME lenged the terms of his surrender under above all, well thought out. Other na- The PRESIDING OFFICER. Under the U.N. resolution. What he is now tions would undoubtedly seek to in- the previous order, leadership time is challenging is the resolve of the world crease their spheres of influence in the reserved. community to stand up to him. Middle East if our immediate objective The members of the international co- was to eliminate Saddam Hussein. If f alition that condemned his actions in we were to escalate the level of our MORNING BUSINESS 1991 and fought against him must re- short-term objective, would we create member who is the guilty party here; consequences just as, if not more, dan- The PRESIDING OFFICER. Under who is the guilty party. The guilty gerous to our national interests in the the previous order, there will now be a party is Saddam Hussein. world than the situation we currently period for the transaction of morning Just as the world stood united in face? business not to extend beyond the hour terms of his surrender, it should stand As painfully slow as this process of 12 noon, with Senators permitted to united and resolved in action against seems to be moving, events can unfold speak therein for up to 5 minutes each. his defiance of those terms. If he re- very quickly and uncontrollably. We Under the previous order, the Sen- fuses to comply with U.N. Resolution cannot allow Saddam Hussein to stam- ator from Nebraska, Mr. HAGEL, is rec- 687, he will pay a heavy price. And if pede us into precipitous actions. Re- ognized to speak for up to 20 minutes. Saddam Hussein offers his own people member how the Six Day War began in The Senator is recognized. as sacrificial lambs, their blood surely 1967. Remember other events of this Mr. HAGEL. I thank the Presiding will be on his hands. century that engulfed nations in wider, Officer. Mr. President, there is a growing larger, and more deadly conflicts than f chorus which suggests that perhaps our anyone could have predicted. short-term objective should be more I ask my colleagues in the Senate to ESTABLISHING A CLEAR than Saddam Hussein’s full compliance keep this in mind when thinking about OBJECTIVE IN IRAQ with U.N. Resolution 687, that our im- how to respond to the present situation Mr. HAGEL. Mr. President, these are mediate short-term objective should be in Iraq. What chain of events will we very serious times. The administration to expel Saddam Hussein from Iraq, to unleash with any action we take? Al- and America face a complicated and sweep him from the world stage. This ways the question must be asked, what dangerous dilemma in Iraq. This di- kind of talk is very dangerous and in- then happens? What happens next? Are lemma must be approached from a hibits the administration’s efforts as it we prepared to not only answer this framework of both our short-term and seeks to reconstruct the 1991 coalition question but deal with the answer? Any long-term foreign policy objectives. united against Saddam Hussein. Let us short-term action must fit into a long- As the administration weighs its not be buffeted by the winds of quick term foreign policy objective. short-term options, including the pos- fixes, bombing raids and shortsighted- Any short-term action that America sibility of military action with regard ness. Saddam Hussein has cleverly takes must fit into a long-term foreign to the situation in Iraq, I believe it is framed this world debate as Iraq policy objective. What is the adminis- very important that we in the Senate against the United States. We must not tration’s long-term objective in Iraq? keep a steady focus on the objective play into his manipulative hands. This Do we have one? Or are we crafting a before we start playing out these other is not the equation. long-term policy to justify short-term We all would like to eliminate the options. actions? threat he poses to the civilized world In the long term, I believe we need to We all know that any military action and that should be our long-term goal. be more creative in reviewing our op- must have a clear objective. If our Na- That should be our long-term goal. But tions against Saddam Hussein. We tion decides to risk the lives of young for the moment we must not forget must not allow ourselves to get caught American men and women, we must do that from objectives come actions, and up in the trap of doing something— so for a clear purpose, with a clear un- from actions come consequences. Every anything—just because we said we derstanding of the possible intended objective carries with it a different set would and the world expects us to. Our and unintended consequences and a of military options and will have very options should be based on what’s reasonable assurance of success. real consequences. Actions always right, what’s achievable commensurate Let us remember that the original produce consequences and not always with the risk we are willing to take objective in the Iraqi puzzle was the the geopolitical consequences we ex- with American lives and what will full compliance by Saddam Hussein pect. We must guard against the short- truly have an impact in resolving the with the 1991 resolutions that ended term objective turning into a long- problem. And the problem is Saddam the Gulf war. Most important is Secu- term unexpected problem. Hussein. rity Council Resolution 687, adopted on After our lightning success in Desert Mr. President, I am a little disturbed April 3, 1991, which clearly spelled out Storm, I fear that we, as Americans, about reports over the weekend Iraq’s obligations under the cease-fire may have been lulled into a false sense quoting high-ranking administration agreement that ended the Gulf war. of believing that modern wars can be officials and congressional leaders say- Those obligations have the force of fought relatively quickly and pain- ing such things as: We may have to international law and still stand today. lessly, with high-tech weapons and face the reality that we will not get This has been the U.N.’s primary very limited casualties. This is not the U.N. inspection teams back into Iraq; focus and objective. It was Saddam case, nor will it ever be the case in any military action would be to just Hussein who created this current situa- warfare. slow Saddam Hussein down and we tion when he invaded Kuwait in 1990 Those who believe that this greater would have to keep going back to bomb and the world united against him. This short-term objective could be accom- him again and again every so many is not the United States and Great plished without the use of a massive months and years; and our allies’ sup- Britain against Iraq. This has been the ground force are underestimating the port of us in Iraq may be tied to our fu- civilized world united against a pariah task. ture commitment to NATO. intent on developing and using weap- We need to be aware of the ‘‘law of These are disconcerting remarks. We ons of mass destruction. unintended consequences.’’ There are owe it to our country and the men and February 9, 1998 CONGRESSIONAL RECORD — SENATE S467 women in uniform who will be called With regard to the immediate situa- America, alone if necessary, should encour- upon to fight a war, if that decision is tion in Iraq we need to remain focused age, recognize, help finance, arm and protect made, to do better than just bomb Sad- on the original objective—the full com- with airpower a provisional government dam Hussein. First of all, the military pliance by Saddam Hussein with U.N. broadly representative of all the people of Iraq. option alone will not work if we truly Resolution 687. We should not act out Such a program would not be easy. But it want a final resolution of this problem. of frustration or impatience. We have has a better chance and is a worthier con- Some form of immediate military ac- to stay focused on the objective and tender than yet another failed effort to orga- tion may well be required as part of an not overstate—not overstate expecta- nize an anti-Saddam Hussein conspiracy overall long-term solution but only a tions to the American people or the among retired Iraqi generals, or another part, only a part of a long-term solu- world. round of inconclusive air strikes. tion. For the mothers and fathers, sons There is no repeat, no—chance that even a and daughters, and loved ones of our carefully conceived and well-executed bomb- Former Assistant Secretary of De- ing campaign would eliminate the arsenal of fense in the Reagan administration, men and women in the Gulf—we must chemical and biological weapons (and the ca- Richard Perle, in a Washington Post proceed with clear eyed realism, not pacity to make more of them) that Saddam op-ed piece yesterday, listed a series of with emotionalism, not with revenge. has hidden away. political actions that could be taken There are no good options. Saddam There is a real danger that an inadequate along with any military actions in Hussein is intent on building the most bombing campaign, especially if it appeared Iraq. I believe Secretary Perle’s analy- vile weapons in the history of man, decisive, would be quickly followed by calls sis and general recommendations weapons outlawed by nearly all the from other nations to lift the UN sanctions countries of the world, and is openly on the grounds that the danger was over. should be taken seriously and I ask This would be the ultimate example of win- unanimous consent that his article be defying the will of the global commu- ning the battle and losing the war. printed in the RECORD following my re- nity. He cannot go unchallenged. A serious Western policy toward Iraq marks. Should diplomatic efforts fail, we would be aimed at the destruction of The PRESIDING OFFICER. Without will be forced to take additional action Saddam’s regime through a combination of objection, it is so ordered. to force Saddam Hussein to comply military and political measures—with the (See exhibit 1.) with the unanimous mandate of the political measures every bit as important as Mr. HAGEL. I find that I am asking U.N. Security Council. As long as this the military ones. action meets a clear immediate objec- Chief among these would be open support myself the unescapable question—are for the Iraqi National Congress, an umbrella we preparing to send our young men tive, and the level of force is commen- opposition group in which all elements of and women to war because we just all surate with that objective, the Amer- Iraqi society are represented. expect that this is the thing to do be- ican people will come together and be To be effective, support for the Iraqi oppo- cause we don’t know what else to do? unified behind the action taken. sition should be comprehensive: support That is not good enough. There is In the future, the American people given them in the past has been hopelessly something very surreal about all the and the Congress must have a more inadequate. In fact, help for the Iraqi opposi- war talk, and war preparation being solid basis for our support. We cannot tion, administered in an inept, halfhearted played out in this matter of fact tone continue to ricochet from crisis to cri- and ineffective way by the CIA, has been the political equivalent of the insubstantial, pin- on international TV with every talk sis and call that foreign policy. Our na- prick air strikes conducted against targets show panelist in the world presenting tion must develop a long term, coher- in Iraq in recent years. his or her theories and options on war ent policy not only toward Iraq and A serious political program would entail in Iraq—when most all of them have Saddam Hussein, but toward the entire five elements: never been to war, prepared for war or Middle East. How are we prepared to Washington should, first, recognize the understand the first thing about the deal with Iran? How do we plan to help democratic opposition as the legitimate, pro- horrors of war. make meaningful and lasting progress visional government and support its claim to Iraq’s seat at the United Nations. Our national defense is the guarantor in the Middle East peace process? What It should begin to disburse to the provi- of our foreign policy. I don’t know if we are our foreign policy objectives with sional government some of the billions of have a long term policy on Iraq other regard to North Korea, China, Bosnia, Iraqi assets frozen after the Kuwait invasion. than maintaining the U.N. sanctions Europe, Russia, Asia, and other areas It should lift the sanctions on the territory and enforcing the resolutions, but of the world? These policies must be (now principally in the north but likely to that’s not a foreign policy. If we are to clearly stated and clearly understood spread) not under Saddam Hussein’s control. commit America to war, it should be to by both our allies and our adversaries. This would catapult these areas into signifi- As I said in the beginning, these are cant economic growth and attract defectors enforce our foreign policy—just going from within Iraq. Much of Iraq’s oil lies in to war alone is not enough. We must serious times. These are difficult areas that Saddam cannot now control or have an overall long term policy to en- times. There are no easy answers, only over which he would quickly lose control if force. The reason for war must be con- tough challenges and tough questions. an opposition government were established nected to more than just short-term They require serious solutions to seri- there. sanctions enforcement. ous questions from serious people. It should assist the opposition in taking its It is my opinion that if we exercise America is up to the task. message to the Iraqi people by making radio any military option it must be accom- I yield the floor. and television transmitters available to them. EXHIBIT 1 panied by and attached to creative geo- It must be prepared to give logistical sup- political elements of a comprehensive FEBRUARY 9, 1998 port and military equipment to the opposi- policy toward Iraq—geopolitical ele- THIS TIME, HELP IRAQIS TO GET RID OF tion and to use airpower to defend it in the ments such as Secretary Perle listed SADDAM’S REGIME territory it controls. yesterday. In the long run, how do we (By Richard Perle; The Washington Post) This is what should have been done in Au- realistically get rid of Saddam Hus- The immediate provocation is Saddam gust 1996 when Saddam’s troops and secret sein? That’s the policy question we Hussein’s defiant attachment to weapons of police moved into northern Iraq and mur- should have been focused on over the mass destruction and his interference with dered hundreds of supporters of the opposi- tion Iraqi National Congress. Shamefully, last seven years. Sending America to UN inspectors charged with finding and eliminating them. Given the prospect of America stood by while people it had sup- war with one ally is no policy. We can chemical and biological weapons in his mur- ported were lined up and summarily exe- do better. We must do better. derous hands, military action is long over- cuted. Nations lead from their strength of due. Skeptics will argue that the Iraqi National purpose, self confidence, and character. But the more fundamental threat is Sad- Congress is too frail a reed on which to base As President Teddy Roosevelt once dam Hussein himself. As long as he remains a strategy for eliminating Saddam. It is in- said, ‘‘The one indispensable, requisite in power, it is idle to believe that this threat deed a small corps (of perhaps a few thou- for both an individual and a nation is can be contained. sand); it would need to rally significant pop- That is why even a massive bombing cam- ular support. But it has been steadfast in its character.’’ Allies will follow us if they paign will fail—unless it is part of an overall principled opposition to Saddam, consistent trust our word and our policy. Bullying strategy to destroy his regime by helping the in its democratic ambitions, and, when given allies into submission for agreement is nascent democratic opposition to transform the chance, able to establish itself in a sig- not leadership. itself into Iraq’s new government. nificant area of Iraqi territory. S468 CONGRESSIONAL RECORD — SENATE February 9, 1998 It has earned American support by the sac- statute that has not been without con- exception of being appointed to the rifices of its members. And with American troversy in the past but which has been bench or being the Attorney General of backing it has a chance. used to probe potential conflicts of in- the United States. He is the Govern- It would be neither wise nor necessary to terest and criminal behavior in each of ment’s lawyer in the Supreme Court. send ground forces into Iraqi when patriotic Iraqis are willing to fight to liberate their the last administrations, many times That is what Kenneth Starr was. Then own country. resulting in indictments or prosecu- he himself was elevated to the bench. I would not want to be in Saddam’s tanks tion. He has had a solid reputation all his in the narrow defiles of northern Iraq, or in I will get back to the point in a mo- life as a moderate, intelligent, capable parts of the south, when U.S. airpower com- ment, but some of us have tried to im- and fair person. But now, because he is mands the skies. prove the way that statute works. But investigating the President, the Presi- This strategy aims at eliciting a full-blown the way to do that is to do it in the leg- dent’s own lawyer and his attack dogs insurrection, taking off from territory Sad- islative process with calm and delib- in the media programs have decided to dam does not control and spreading as his go after the reputation of this man opponents find security and opportunity in erate debate, to ensure that justice in the end is always done. who, as I said, can’t defend himself. joining with others who wish to liberate Those of us who have spent our careers Iraq. What we have today, instead of an ef- There can be no guarantee that it will fort to look at the independent counsel in the law understand that you cannot work. But what is guaranteed not to work is statute to see where it might need to undermine the law repeatedly and ex- a quick-fix air campaign that leaves him in be modified to operate more appro- pect to end up having justice in this power. priately, we have the same kind of tac- country. That is why lawyers are Mr. KYL. Mr. President, I ask unani- tic being employed by the highest lev- taught to respect the judiciary and not mous consent to speak for 15 minutes els of the White House that is em- to attack it directly. If you have a in morning business. ployed in typical murder or rape or as- complaint, as I said, you go into court The PRESIDING OFFICER. Without sault cases where the person charged and try to prove your case. If you can, objection, it is so ordered. attempts to defend himself by attack- fine. But if you can’t, then you should Mr. KYL. Mr. President, I want to ing the prosecution, by attacking the not be talking about it in public. What has been happening recently? begin by thanking my colleague from corrupt police, or by attacking the vic- The President’s lawyer, David Kendall, Nebraska for the eloquent remarks tim’s credibility and reputation. That and people like Paul Begala, connected that he just made, to say that I totally is what is happening today by key de- to the administration, have accused agree with his analysis of the situa- fenders of the President, including the Independent Counsel Judge Starr of tion. He is a student of this, both be- President’s lawyer. cause of his committee assignments Rather than coming out with the leaks. One of the things that was done and the way in which he has dedicated President’s version of the facts—and he recently is the filing of a letter by himself to study these issues. I think alone knows what the facts are in their David Kendall, released to the public on Friday, which makes several bold he has contributed significantly to the entirety, with respect to the matters allegations. Let me repeat what some debate that we in Congress are going to that have been recently carried in the of them are. He says the leaking of the have to have on this subject. I com- press, the administration—rather, his past few weeks is ‘‘intolerably unfair.’’ mend him for devoting that time this lawyers, have chosen to tell him to He continues, ‘‘These leaks make a morning to this important subject. keep quiet while they attack the judi- mockery of the traditional rules of I would like to speak to a different cial process that is underway to try to grand jury secrecy.’’ And who does he subject today. determine the facts and to bring to jus- attribute the leaks to? He says Mr. tice whoever needs to be brought to f Starr’s office is ‘‘out of control. . . . justice. The most recent deliberate at- THE SPECIAL COUNSEL The leaking by [Mr. Starr’s office] has tempt here is to specifically attack the Mr. KYL. Mr. President, I think it is reached an intolerable point.’’ reputation and credibility and actions These are unfair and unfounded accu- time for some of us in the Congress, of the Special Counsel, Judge Kenneth sations and somebody needs to respond particularly some of us who have spent Starr. Judge Starr cannot defend him- to them. As I said, Kenneth Starr is a lifetime in the judicial process, to self because he is under orders not to very limited in what he can say pub- comment upon what has been occur- talk about what he is doing. The very licly. He did respond in a letter to at- ring in the last few days with respect thing that the President’s lawyers ac- torney Kendall and what he said in to the special counsel investigating the cuse him of doing, of talking too much, that letter, essentially is as follows. He matter of the President and various af- he cannot, and he is not. Someone has said, first, and I am quoting from his fairs in which the President may or to stand up and say the process, the ju- letter to Mr. Kendall: may not have been involved. dicial process, and the people who are First, you elevate mere suspicion to spe- This is a most serious matter and I doing their best to make that process cific accusation without any facts other than think the time has come for people who work, need to be defended. the press’s often misleading attribution of believe in the judicial process, who be- I rise today to say it is time to stop sources. lieve in the rule of law, and who believe attacking Judge Starr publicly and in I would make the point that is pre- ultimately in our justice system in this the media. If you have a beef with him, cisely what administration spokesmen country, to speak out against those go to his supervisor, in this case Attor- are asking us to be careful about doing, who are deliberately attempting to un- ney General Reno, or to the judges who and why personally I have absolutely dermine that process. We have some- can determine whether or not there is refrained from responding to press in- thing going on today which runs any improper activity within his office. quiries about whether I believe these counter to the entire history of the But don’t use as a defense in the case charges or do not believe them or what United States of America, a country an attack broadly upon the prosecutor might have happened. Because I don’t which is based upon the rule of law, and his individual reputation and know. All we have is what has been re- which has established a three-branch credibility. Because he cannot defend ported in the media and I cannot judge Government in which each branch re- himself. whether that is true or not, and I spects the other and in which we sup- I said I had a background in law. I should not express it publicly before port each other because we understand practiced law for 20 years, including the process is complete. The adminis- that an attack on one of these practice in the United States Supreme tration has been urging us to withhold branches is, in effect, an attack on the Court. One of my law partners was a our opinions until we do know. Well, I entire Government. former Solicitor General of the United have been abiding by their admonish- We have established certain proc- States, someone who, as a matter of ment, but they have not been doing it esses for attempting to deal with fact, was well acquainted with Judge with respect to Ken Starr. As he says, wrongdoing in our country. One of Kenneth Starr, who also was a Solici- they have ‘‘elevated mere suspicion to them is the process of investigating po- tor General of the United States. That specific accusation without any facts,’’ tential crimes in high places through is the highest position that a lawyer other than what has been reported in the independent counsel statute, a can achieve in this country with the the media. February 9, 1998 CONGRESSIONAL RECORD — SENATE S469 Second, [Kenneth Starr says] the timing of truth here. He is supervised by the At- not going to indicate whether I think your letter—arriving in the midst of what torney General of the United States, they are true or not. In fact, I am appears to be an orchestrated plan to deflect and he is supervised by a three-judge going to wait until, in effect, the infor- and distract this investigation—undermines court, the members of which have been mation is presented to us, if it ever is. your expression of outrage. appointed by Presidents Johnson, I think that others need to make that Certainly I think anyone would have Nixon and Reagan. If there is any same commitment. Let’s see how the to agree with that, given the fact that wrongdoing, they can see to it that it facts come out here. it is now an acknowledged fact that the is stopped and the appropriate people The same thing should be done with administration has been orchestrating punished in whatever way is appro- respect to Judge Starr. When people a campaign to discredit Ken Starr. I priate. But instead, the White House say he hasn’t produced very much, his refer you to the New York Times news- has chosen to make this a media cam- investigation has run amok, he is leak- paper today, Headline, ‘‘President’s paign rather than to focus on how any ing, he can’t defend himself. We don’t Aides Expand Offensive to Counter leaks might be stopped within the judi- know whether any of those things are Starr. Prosecutors Denounced As Cor- cial process. true, and he is owed the same sense of rupt and Accused of Leading a Witch As a matter of fact, we know, be- justice that the President and anyone Hunt.’’ Somebody has to defend this cause recently Lucianne Goldberg, one else accused is owed; namely, the op- process. of the people who had access to the portunity to present the facts when the The third thing that Mr. Starr said in tapes, disclosed the fact that she her- process provides that opportunity. his letter in response to Mr. Kendall self had leaked a lot of this informa- In due time, Judge Starr will be able was: tion. She had the tapes from Linda to present those facts. At that time, we [W]e are aware that as of several days ago, Tripp, which were given then to the will know precisely what he has. Until the President’s defense attorneys had most if then, I think it is incumbent upon all not all of the material information (whether special prosecutor. So it does not fol- low that simply because leaks occurred responsible people in this process to true or not) set forth in [Friday’s] New York treat the independent counsel as they Times article. that it had to come from the special prosecutor’s office. Indeed, she herself would treat any other person involved This had to do with the leaks. In in law enforcement or the judicial other words, what Judge Starr was say- said, ‘‘I told people about this. It wasn’t Kenneth Starr.’’ process, with the respect and the dig- ing is that the President’s own lawyers nity that the office carries. had talked to the people who had testi- So why then do we have this con- certed effort on the part of the Presi- While I appreciate the fact that de- fied in the grand jury, at least those fense lawyers will sometimes stoop to people who were connected in any way dent’s own lawyer to discredit Judge Starr and his investigation? The reason any tactic to get their client off, it de- with the administration, and knew means the Office of the Presidency in what had been said in the grand jury. ought to be obvious. Do anything you can to undermine the prosecution in this case for his lawyers to use the The implication, of course, is that it is same kind of tactics that the lowest order to cast discredit upon its efforts the White House and its lawyers them- kind of defense lawyers would use in so that if anything ever comes of the selves who could be just as likely the defending a party who is probably independent counsel’s investigation leakers as anyone in the special pros- guilty of a heinous crime when there is and the President actually has evi- ecutors office. When a witness testifies no other defense than to attack the dence presented against him in this before the grand jury the witness is not victim’s credibility or to attack the matter, it will be previously discred- constrained as to what he or she can prosecutor. say thereafter. And you have seen some ited information. That demeans the Office of the Presi- As I said, I think it is time for those witnesses go in, testify, and they come dency. It is time for this administra- of us who have some respect for the ju- out and talk to the press about what tion to treat the prosecutor with the they said. So these leaks could be com- dicial process and for this individual same respect that they are demanding ing from all number of people, from the himself, Judge Kenneth Starr, to make to be treated. I think that those of us witnesses themselves to the very peo- it clear to the American people that who believe in our rule of law and in ple in the White House and the White the judicial process must be respected, the system of justice in this country House lawyers’ group who are com- must be supported and must be upheld need to stand up and speak out and plaining about the leaks today. if we are to ensure that justice prevails make that point. In fact, I would suggest it is most un- in this country and that it ought to Mr. President, I thank you for the likely that the source was Judge discredit the people who are attacking opportunity to speak to this matter Starr’s office. that system if the way in which they this morning. He continues: do it is so clearly designed to affect The PRESIDING OFFICER. Under In my service as independent counsel, par- public opinion, as it appears to have the previous order, the Senator from ticularly with regard to secrecy of the grand been done in this case, rather than to West Virginia is recognized to speak jury, I have insisted on a high commitment get at the facts. for up to 20 minutes. The Senator from to professional conduct. I have expressed this As I said, there is a process available, West Virginia is recognized. commitment to you repeatedly. From the be- if you have evidence that someone in Mr. BYRD. I thank the Chair. I may ginning, I made the prohibition of leaks a the prosecutor’s office has engaged in or may not need all of the 20 minutes, principal priority of the office. It is a firing conduct, to take that to the appro- Mr. President. I ask unanimous con- offense, as well as one that leads to criminal priate authorities, make your case and prosecution. In the case of each allegation of sent that Mr. GRAMM of Texas be recog- improper disclosure, we have thoroughly in- have them act in the appropriate, re- nized for not to exceed 10 minutes fol- vestigated the facts and reminded the staff sponsive fashion. It is not at all certain lowing my remarks. that leaks are intolerable. that that is what the administration is The PRESIDING OFFICER. Without Then Mr. Starr makes clear he has attempting to do in this case. objection, it is so ordered. no reason to suspect anyone in his of- Let me conclude with this point, Mr. f President. I think all of us in the Sen- fice of leaks after those investigations ISTEA FUNDING by saying: ate are impressed with the awesome re- Mr. BYRD. Mr. President, only 45 ses- I have no factual basis, as you likewise do sponsibility that we have under the not have, even to suspect anyone at this Constitution to withhold our own inde- sion days remain through May 1, the juncture. You do an extreme disservice to pendent judgment because of the fact deadline date, beyond which every these men and women and to the legal pro- that at least, theoretically, there is a State will be prohibited by law from fession and the public by your unsupported potential for an impeachment proceed- obligating new Federal highway or charges. ing in any case involving accusations transit funds. This past Thursday, we Mr. President, I agree with Judge of the type that have been made in this heard the argument that there is no Starr that this does a disservice, both case. reason for the Senate to rush to the to the people who are doing their best As I said, I have withheld my judg- highway bill, because, it was said, the to uphold the laws of the United States ment, because I have no idea whether House does not plan to act on the high- and to his effort generally to get at the these things are true or not, and I am way bill until next month or later. S470 CONGRESSIONAL RECORD — SENATE February 9, 1998 Well, Mr. President, I have served in was the intent for the Senate to take authorized to be spent. We will not the Congress now going on 46 years. I up ISTEA and address it early in this spend them in the amendment. We only was 6 years in the House, and this is year in order to put pressure on the authorize them to be spent. We will not my 40th year in the Senate. I have House and also so that when the House be debating the budget bill. It is the served both as majority leader and mi- acted, we, in the Senate, would be highway bill I am talking about. nority leader, as well as majority whip ready for conference with the House. In last week’s remarks on the floor and secretary of the Democratic con- Now, however, it seems that the pres- about the highway bill, reference was ference. I respectfully suggest that the sure is not on the House, but on the made to the ‘‘Highways First’’ crowd. Senate must never let itself be gov- Senate. The wind has shifted, and we Well, Mr. President, I plead guilty as erned by the scheduling preferences of are now on a course that puts pressure charged. I make no apologies for stand- the other body, especially on legisla- on the Senate—pressure from the Gov- ing on this floor and saying we have tion as important and as urgent as is ernors of our States, pressure from our been remiss in our national investment the highway bill. transportation departments through- in surface transportation. At a time I have served in the other body, and out the country, pressure from our when the ISTEA authorization has ex- so have several other Senators, includ- transit providers—all of whom will be pired, and it did expire on last Septem- ing the distinguished Senator, Mr. PAT forbidden by law from obligating any ber 30; at a time when the country is ROBERTS, who now presides over the federal funds after May 1. We are also just limping along—limping along—on Senate with a degree of efficiency and receiving pressure from our citizens a stopgap highway authorization bill; poise and dignity and skill, so rare as a who must endure hazardous driving at a time when the construction season day in June. But all other Senators conditions. Why are we waiting, Mr. is looming just—just—a few weeks know, as I do, that the House of Rep- President? away; at a time when Governors and resentatives is a very different place As I stated last week, the President’s mayors and highway departments with very different rules. budget proposes an absolute freeze on throughout the country need to know When the House of Representatives highway spending for the next five just what Federal resources they can takes up the highway bill, the House years. The President, the first time he count on for this year’s budget as well Rules Committee will report out a rule ran for the office, campaigned strongly as for long-term highway construction that will probably limit the number of on a platform of investing in the Na- plans; at a time when we should be dis- amendments that will be allowed to be tion’s infrastructure. We don’t hear cussing a long-term, 6-year highway offered and mandate limitations under that anymore. The President is propos- authorization bill just as the commit- which those amendments can be de- ing a freeze on spending while the bal- ment was made to the Senate and to bated. The House can well take up a ances in the highway trust fund sky- the country that we would be discuss- highway bill and pass it within one day rocket. Meanwhile, the 6-year highway ing a long-term, 6-year ISTEA bill; yes, or two days or three days. But who bill, as reported by the Environment yes, I believe that first things should here thinks that the Senate will be and Public Works Committee, will also come first and that the 6-year highway able to take up and pass the highway allow unspent balances of the highway bill is the first thing that the Senate bill in two or three days? trust fund to pile up year after year should be debating, and last November When the Senate takes up the high- after year, while the Nation’s highway we were told just that. So, yes, I am way bill, Senators, as always, will have needs go wanting year after year after one of the ‘‘Highways First’’ crowd. the right under the Senate rules, to year. Where else, then, but on a high- Count me in. Count me in. offer amendments and to have those way authorization bill, can the Senate When 42,000 people are dying on the amendments debated. It will probably come forward to make an affirmative highways of this country every year, take 2 or 3 weeks for the Senate to pass statement that the expectations for and when we are told by the U.S. De- an ISTEA bill. Given all of the compet- spending on highways over the next six partment of Transportation that 30 ing and contentious amendments that years will go well beyond the freeze percent of those highway deaths are the Senate will likely debate on levels proposed by the President? caused by outdated safety features, ISTEA, we should recognize the fact I recognize that there will be dis- poor pavement quality, substandard that it will probably take two or three agreements among Senators as to how road and bridge designs, and other bad weeks for the Senate to pass an ISTEA increased authorization levels for high- road conditions, yes, I am one of the bill. One does not have to look further ways can and should be financed. Sen- ‘‘Highways First’’ crowd. Count me in! back in history than the last time that ator GRAMM, one of the principal co- What could be more fundamental to the Congress authorized our surface sponsors of my amendment, has stated our national prosperity, and to the transportation programs. Back in 1991, that he is categorically opposed to quality of our daily lives, than ade- I believe it was, the Senate debated the moving the caps in order to boost quate, safe highways? Major highways ISTEA legislation for the better part of spending for highways. We will have carry nearly 80 percent of U.S. inter- 3 weeks—not 3 days, but 3 weeks. The that debate through the regular budget state commercial traffic, and, roughly, other body, however, was able to call and Appropriations process. Mr. Presi- 80 percent of intercity passenger and up and dispense with their version of dent, one thing I am sure of, if we do tourist traffic—80 percent. When it the ISTEA legislation in two days! The not get a 6-year ISTEA bill to the comes to the daily lives and the daily Senate took almost 3 weeks; the House floor, and make a statement by the full working conditions of our constituents, took 2 days. What reason do we have to Senate that we do not expect to allow Americans take more than 90 percent think that, this time, things will be the unspent balances of highway trust of all their work trips in cars or different? fund to pile up year after year, as the trucks. I believe that we have an obligation President proposed and as the Environ- And we hear much from the adminis- to try to get a complete, comprehen- ment and Public Works Committee in tration as to how this Nation should sive, six-year highway authorization its reported bill proposes, highways better meet our child care needs, and bill to the President’s desk by or before will be nowhere in the upcoming budg- that is quite appropriate. Therefore, I May 1. We owe that to our Governors, et debate. We will be debating direct make no apology for taking the floor our mayors, our highway engineers, Federal expenditures for child care and to point out how the family lives of our highway departments throughout other social welfare programs that are millions of Americans would be im- the country, and to our constituents being pushed by the administration, proved if working parents could spend who drive on the Nation’s highways while the needs of our Nation’s infra- more time at home with their children every day. If we have any hope of get- structure will be left out, just as they rather than sit in ever-worsening traf- ting a highway bill to the President by were left out of the President’s budget. fic jams. We hear so much talk about or before May 1, the Senate needs to Well, let me make one thing pre- protecting our children; and yet, get- begin now. eminently clear. The Byrd-Gramm- ting them to school to be educated, and In November of last year when we Baucus should be called up so that to hospitals and to clinics to receive took up the short-term highway au- those unspent highway balances, at healthcare can’t be done with effi- thorization bill, we were told that it least to the tune of $31 billion, can be ciency without safe, modern highways. February 9, 1998 CONGRESSIONAL RECORD — SENATE S471 Everyone knows that. Twenty-two speaking to you out there—I hope that money on other things in Government. million people in Appalachia know it. the Governors and mayors and highway Some of the problem resulted in 1993, Twenty-two million people in Appa- departments throughout this country when, for the first time in American lachia know the difficulties in getting will join in urging the Senate leader- history, we adopted a 4.3-cent-a-gallon to work, in getting to school, in get- ship to keep its commitment, so that tax on gasoline that went to general ting to hospitals, in getting to child we can debate this highway bill—it is revenue and not to the highway trust care clinics, in getting to church, and number one on the Nation’s business fund. in getting back home—22 million peo- list. Senator BYRD, I, and others have ple in Appalachia. Mr. President, how much time do I solved that problem in the tax bill by Highways first? You bet, I believe in have remaining? dedicating that 4.3-cent-a-gallon tax on highways first as of now under the cir- The PRESIDING OFFICER. The Sen- gasoline to the highway trust fund cumstances that I have outlined. I be- ator has approximately 21⁄2 minutes re- where it belongs. So let me turn to this lieve in highways first. Fixing potholes maining. chart and really explain how modest and pavement may not be glitzy and Mr. BYRD. I ask unanimous consent the Byrd-Gramm-Warner-Baucus may not be sexy, but attending to our that I may reserve that time. amendment is, how modest it is in Nation’s transportation system is a The PRESIDING OFFICER. Without terms of what we are asking. In fact, basic, fundamental need. It is job one, objection, it is so ordered. the American people would never be- because so much of life in the United Mr. BYRD. I yield the floor. lieve that we are doing enough. States absolutely depends on our abil- Mr. GRAMM addressed the Chair. But if you look at this chart, you see ity to get people and goods from one The PRESIDING OFFICER. The Sen- where we are. As of today, we have place to another. ator from Texas is recognized. $23.7 billion of surpluses in the highway Francis Bacon, who went to the Mr. GRAMM. Mr. President, I want trust fund. This is money that we have tower because he was found guilty— to thank my colleague from West Vir- collected on gasoline taxes that we put and he admitted it—of accepting ginia. In fact, I want to say to him into the highway trust fund to spend bribes, said, ‘‘There be three things what a great honor it is for me to work on roads, but money that has not been that make a nation great and pros- with him on this amendment. He made spent on roads. In reality, that money, perous: A fertile soil, busy workshops, a very strong case just a moment ago through our unified budget, in the and easy conveyance of men and goods about building highways, but I believe total level of spending we could have from place to place.’’ the case is stronger yet because there by running this surplus in the trust Well, it was said on this floor last is one factor that I want to make sure fund, that let Government spend that week that two of the few places where that everybody understands, that at money on thousands of other things. the Government should be involved in least in the portion of Senator BYRD’s We were successful, as I noted ear- spending money were in the field of na- statement that I heard he did not drive lier—well, last year; that went into ef- tional defense and in the field of build- home, in my opinion. And that is, it is fect on January 1—of being sure that ing infrastructure because people can- not just a debate about highways ver- every cent of gasoline taxes, just as the not do these things by themselves, it sus other things; it is a debate about gasoline pump says, goes into the high- was said. How true. The Government basic honesty in Government because, way trust fund. had to do its part, it was said last week you see, we collect taxes specifically Now, under the bill that will be be- on the floor of this Senate. Well, the for the purpose of building roads. fore us when we get an opportunity to unfortunate fact is that the Govern- We do not collect taxes for the pur- consider it, the surplus in the highway ment has not done its part. The record pose of providing child care. We do not trust fund, if my amendment with Sen- is replete with evidence that we have collect taxes specifically earmarked for ator BYRD was not adopted, would grow not done as good a job as we should welfare. We do not collect taxes that from $23.7 billion to $90 billion. In have done in maintaining our highway are dedicated by their source to the other words, over the 6 years that high- infrastructure. We are letting our Na- United Nations or to foreign aid. But way bill would be in effect, we would be tional Highway System fall more and we do collect taxes that are dedicated collecting, in total, looking at all we more into disrepair. And, as a result, to highway construction, at least in have already done plus what would the cost of bringing our highways up to terms of what Americans believe the occur during that period, $90 billion an adequate and safe condition grows policy of Government is and should be. that we are telling the American peo- by billions of dollars every year. If you go to the filling station this ple that we were spending on highways Mr. President, it was President Ron- afternoon, and you pull up in your car that in reality would not be spent on ald Reagan, who, in January 1983, said, or truck and you get out and you are highways and in reality would be spent ‘‘Common sense’’—‘‘common sense’’— pumping gas, while you are standing on something else. perhaps one of the most uncommon there, let me urge people to read what Here is what Senator BYRD and I are things that would be found in this city it says on the gasoline pump. Basi- saying: You have already spent this —‘‘Common sense tells us that it will cally, what it says on the gasoline $23.7 billion, and we are not asking for cost a lot less to keep the [national pump is, there is good news and bad it back; in fact, we are saying that we highway] system we have in good re- news. The bad news is that about a are going to let the surplus grow under pair, than to let it disintegrate and third of the cost of a gallon of gasoline our amendment from $23.7 billion that have to start over from scratch. Clear- in America today is taxes. The good should have been spent on roads to $39 ly’’—this is former President Reagan news is, as it says right on the pump, billion, and that that money will be talking; I am quoting him—‘‘Clearly, those taxes are dedicated to building available, therefore, for general budget this program is an investment in to- the very roads that you are going to uses. morrow that we must make today.’’ burn up this gasoline riding around on. What we are saying is that this 4.3- How true. So it is a user fee. It is a fee you pay cent tax on gasoline, a total of $51 bil- Ronald Reagan was right. We must in buying gasoline to build the roads lion in spending authority, we want it make that investment today. The com- that you are going to use. spent on roads. I have likened this— mitment that the highway bill would The only problem with that bad and I am sure some of my colleagues be brought up at the beginning of this news-good news story is the good news don’t like the analogy, but I think it session should be kept, a 6-year ISTEA is not true. The good news is not true fits perfectly—I have likened our oppo- bill should be made the pending busi- because the Federal Government, be- nents to cattle rustlers. What they ness of the Senate, and it should be ginning in about 1990, started diverting have been doing, as you can see from done right today or soon, very soon. substantial quantities of funds col- this chart, they have been rustling our The highway needs grow worse day by lected on gasoline taxes to other uses. cattle. They have been taking money day; the time grows shorter day by Some of it occurred by just letting sur- that has been collected in taxes on gas- day; and I hope that the Governors and pluses build up in the highway trust oline, put into the highway trust fund mayors and highway departments fund, which under a unified budget in to spend on roads, and they have been throughout this country—and I am essence meant you could spend more spending it on other things. In any S472 CONGRESSIONAL RECORD — SENATE February 9, 1998 other business except government you has made about building schools or hir- changed that in our amendment. We might actually go to jail for doing ing teachers or any of the literally treat the Secretary’s funds equivalent something like that. hundreds of programs he has proposed to the States’ funds. So from the point In fact, Senator BYRD reminded one to increase spending, $130 billion worth of view of this issue, the issue of Appa- of our opponents of the story in the of spending, they act as if somehow lachia, it is always easy, obviously, in Bible of Ananias in the book of Acts. In that is equivalent to what we are talk- these complicated bills to confuse peo- the young church, Ananias makes a big ing about. It is in no way equivalent to ple, but the two points every Member deal about selling all his property and what we are talking about. The Presi- of the Senate should understand is that giving it to the church, but he cheats. dent is talking about increasing the as a percentage of the highway bill, The Lord thought so little of that ac- total level of spending. We are talking less money is going to the 13 States of tivity that he struck him dead and about debating how to spend the Appalachia in the program, which struck his wife dead. money that is currently collected. dates back to 1965, under the Presi- Obviously, we are not talking about We have a gasoline tax that is dedi- dent’s amendment; and our amendment striking anybody dead. All we are talk- cated to building highways, and all we eliminates a terrible inequity, which ing about is the following: We are say- are saying is this is not a budget issue. says, if there is a shortfall of funds, ing, keep the $23.7 billion. In fact, we This is an issue of honesty in Govern- what the Secretary has discretion over are going to let it build up to $39 bil- ment and highway construction. All we is funded first. We eliminate that. lion. Just let us spend the 4.3-cent tax are asking is that the money collected A final point, and I will be finished, on gasoline on highways. in gasoline taxes be spent on highways. is that one of our critics has said that Their response is, ‘‘Well, you know, In terms of setting spending levels, our bill funds interstate corridors of we already got the $23.7 billion and we that is something we ought to do in the international trade and border infra- were expecting not only $39 billion but budget and decide what the total level structure. This was called for under $90 billion, and if we don’t get to spend of spending next year is going to be. NAFTA. Interestingly enough, the bill that money on all these other pro- Then any individual Senator—and ob- that is before the Senate, the highway grams, on everything other than high- viously the majority—will make a de- bill—or we wish was before the Senate ways, we are going to lose the ability termination as to what they want to —provides $750 million to fulfill the to spend that money.’’ do. But this is not a budget issue. This commitments made in NAFTA only by Well, it reminds me of a cattle rus- is a highway issue and it has to do with a sleight-of-hand. It provides no real tler who has been stealing Senator spending money for the purpose that authorization for the money to be BYRD’s cattle and my cattle. We call money is collected. So, we don’t want spent. So they tell you they are provid- the sheriff out. We confront the guy, this to be commingled with the budget. ing $750 million. You can read it right and we say, ‘‘You stole these cattle, There is no equivalent of what we are in their bill. But elsewhere they have a and we are letting you keep on stealing asking we do here, which is basically a provision which renders that nonexist- cattle, but you have to limit the num- truth-in-Government provision where ent. We have provided $450 million ber of stealing. You can’t steal any cat- you collect money on gasoline taxes, which is real. So in reality they claim tle out of this pasture.’’ Their response you tell people it is going to highways, to be providing more than we are, but is not, ‘‘Thank you for not hanging me, but you don’t do it. We want to fix their complaint is we are basically thank you for letting me continue to that. There is no equivalent between doing it; whereas they were basically do what I have been doing’’; their re- that and a proposal to raise the total misleading people about what they sponse is, ‘‘Where are we going to get level of spending in the Federal budget. were doing. So I want people to under- stand this issue. this extra beef?’’ We don’t believe the two should be We need to get on with the highway That is not our problem. That is commingled. bill. We have work to do. We are run- their problem. They shouldn’t have Let me turn very briefly to two other ning out of time. The highway bill is been spending this money out of the issues that a big deal has been made going to expire. Road construction is highway trust fund to begin with. out of, and all of our colleagues will going to stop all over the country. We Now, let me turn to several points I hear about it. I want to be sure people need to bring this highway bill up and want to make. First of all, if we don’t understand it. I want to start with the we need to do it now. I want to ask our pass this amendment, we are going to Appalachian program. That program Governors, our mayors, the people who be locked into this highway bill for the started in 1965. It has been part of build highways, the people who use next 6 years with mounting infrastruc- every highway bill since 1965. The highways, we need to hear from you in ture needs all over the country and President’s highway bill, like ours, di- this debate because your interests are with tens of billions of dollars col- vides money into two parts, the 90 per- at stake. lected in gasoline taxes that will be cent that goes directly to the States, Mr. BYRD. Mr. President, I ask unan- spent on something else. the 10 percent that is spent by the Sec- imous consent that my reserved 21⁄2 If the American people had a vote on retary. Under the President’s budget, minutes be reduced to 30 seconds, and I our amendment of whether to require 1.6 percent of the highway bill is dedi- wish the Senator would add to the list that gasoline taxes that are collected cated to the 13 States that make up of cosponsors. I believe he has two ad- for the purpose of building roads be Appalachia as part of a program that ditional Senators on this side. spent on roads and only on roads, I was authorized in 1965. Mr. GRAMM. We have gotten the can’t imagine that many people would Now, those who oppose our amend- commitment, I think, in writing from oppose this provision. But we are only ment say their amendment provides Senator THOMAS; that brings us up to going to have one chance in the next 6 funds for those 13 States under a pro- 51. We have one other Member who has years to do something about it, and gram that is now over 30 years old. But said verbally they want to cosponsor, that is on the highway bill. what they don’t tell you is the rest of but I want to wait until we get that in Now, those who oppose our amend- the story, and that is we provide a writing. ment, those who want to spend that $90 lower percentage of the money going to The point in the 30 seconds is that billion on everything but roads say, those 13 States out of the Secretary’s this is the first legitimate bipartisan ‘‘Don’t bring up the highway bill now, discretionary funds than does the effort in this Congress. We have 51 co- let us deal with the budget first.’’ Now, President. The President provides 1.6 sponsors, Democrats and Republicans, they are trying to play on the confu- percent to those 13 States; we provide because this is a bipartisan issue. Peo- sion. Senator BYRD and I have spoken 1.4 percent to those 13 States. ple say they want bipartisanship. This many times, and we will speak many Finally, on that issue, the Presi- is an issue where we are getting it, and more times until this is settled and dent’s bill, like the bill before the Sen- what we need is this bill on the floor of until we have prevailed on this issue. ate, has this strange provision that the Senate so that we can provide this But they are trying to play on the con- says that if we don’t have enough bipartisan leadership to do what the fusion. They are trying to act as if the money in the trust fund and we have a country needs. proposal the President has made about shortage of money, that we cut the Mr. BYRD. I thank the distinguished expanding child care or the President States first. Senator BYRD and I Senator from Texas. February 9, 1998 CONGRESSIONAL RECORD — SENATE S473 The PRESIDING OFFICER. The Sen- in serious retaliatory measures by the own broadcasting into Iraq aimed at ator from Arizona. United States. He has gotten away influencing public opinion there should f with this because in those few in- have been a higher priority all along. stances when military action was And we should be prepared to act EXTENSION OF MORNING taken against him, it was ineffectual. alone if necessary. While Britain has BUSINESS Nowhere was this more evident than stood by us and prepared to act with Mr. MCCAIN. I ask unanimous con- the September 1996 cruise missile us, for which we should be grateful, it sent that morning business be extended strikes against Iraqi targets following is disconcerting to witness the paucity for 15 minutes and that I be may be al- the most egregious violation to date: of public support for enforcing legiti- lowed to address the Senate as if in the large-scale military incursion into mate U.N. resolutions. While some of morning business. Kurdish territory and subsequent exe- us were in Germany this past weekend, The PRESIDING OFFICER. Without cution of anti-Saddam activists work- it was gratifying to hear the German objection, it is so ordered. ing with the United States. At that government come out in support of our f time, the forces involved in the incur- efforts, but European support is less important right now than attaining IRAQ sion on what was supposed to be pro- tected territory should have been di- the open support of the Middle Eastern Mr. MCCAIN. Mr. President, a deci- rectly and forcefully attacked. governments that will play a vital role sion to send our military personnel The United Nations Special Commis- in dealing with the political ramifica- into combat is the most serious policy- sion tasked with verifying Iraqi’s com- tions within that region of any mili- makers can make. We do not or should pliance with U.N. resolutions has been tary actions we take against Iraq. In not cavalierly discuss military options systematically stymied at every point. that respect, Saudi Arabia’s decision to without losing sight of the human di- Saddam Hussein has clearly placed a permit only the use of support aircraft mension that people, whether our own higher priority on continuing to de- from its territory is deeply disturbing. uniformed personnel or innocent civil- velop the means to threaten his neigh- I understand Saudi, and all Arab, con- ians in the country against which we bors than on the welfare of children the cern for the welfare of the Iraqi popu- take action, will die. fate of which Baghdad purports to lace. And I am aware of the domestic We were correct to strike Libya in decry. Iraq has received every conceiv- and regional implications for the Saudi 1986, although we mourned the loss of able opportunity to comply with legiti- government of openly supporting air lives of innocent people whose sole mate and lawful demands and to join strikes against Iraq. The threat posed crime was to live in a dictatorship that the community of nations as a member by Saddam Hussein against Saudi Ara- provoked us to action. We were correct in good standing, and has spurned bia, as well as every other country in to liberate Grenada and Panama, de- those opportunities. the region, however, argues forcefully spite the loss of life that accompanied The nature of the regime of Saddam for the government in Riyadh to be those conflicts. And we were correct to Hussein is impervious to any peaceful more openly supportive of our meas- conduct overwhelming airstrikes effort at resolution of the ongoing con- ures and to communicate to their peo- against Iraq in order to evict it from flict. There is every reason to believe ple the simple fact that measures Kuwait, but we regret the deaths of ci- that Iraq continues to possess chemical against Iraq occur solely because of vilians cynically placed in harm’s way and biological weapons and the means that country’s belligerent and unlawful by that country’s regime. And we have to deliver them. There is no indication stance. been correct in the past to launch puni- that it aspires to live in peace with its The military option, should it be cho- tive missile strikes against Iraq in re- neighbors; on the contrary, I have no sen, must be designed to accomplish sponse to its violation of the U.N. reso- doubt that if the opportunity arose, it meaningful military objectives. Re- lutions. would again attempt to retake Kuwait. straints on targeting intended to mini- We now stand on the precipice of yet It certainly aspires to participate in mize criticism from other nations, another military confrontation with the destruction of Israel. whether friends, allies or potential Saddam Hussein and the military secu- The time for talk may be over. The foes, will have the effect of reducing rity forces that protect him. Iraq has chairman of the U.N. Special Commis- the likelihood that objectives will be repeatedly, over the span of 7 years, de- sion has thrown up his hands in dis- accomplished. It is clear that the fied U.N. resolutions and agreements, may. The approaching option is the United States will be widely criticized negotiated in exchange for the termi- large-scale and protracted use of mili- by many parties should we launch an nation of the Persian Gulf war. The de- tary force. Diplomacy, certainly the attack against Iraq. As stated, it is of mands made of Iraq are simple and rea- optimal approach, has failed thus far. little comfort that some of those gov- sonable and, if complied with in good Withdrawing our forces and lifting the ernments that criticize us publicly ap- faith, would not have unduly subjected sanctions would enable Iraq to fully plaud us privately, as their populations it to violations of its sovereignty. Iraq rearm and openly threaten to desta- take their cue from the public posture. was to destroy its existing stockpiles bilize the region, brandishing the very Iraq has provided every incentive for us of banned weapons of mass destruction banned weapons at issue. Not only to strike, and we must not squander and its capability to reconstitute the should sanctions not be lifted, they the opportunity to eliminate its weap- scientific and industrial infrastructure should in fact be tightened. Existing ons of mass destruction from the re- for their development. It was to repa- no-fly zones should continue to be en- gion by tailoring military actions to triate Kuwaiti prisoners after Iraq’s forced and expanded, perhaps to in- minimize the political outcry that will brutal invasion and occupation of its clude no-drive zones targeted against follow. Leadership and responsibility smaller neighbor; and it was to com- Republican Guard armored units. often entail unpopular actions, and the pensate the victims of its aggression. The only viable military option is to prosecution of actions that lead to Mr. President, it has not done any of inflict serious damage on the Iraqi Re- deaths of many is a horrible burden to these things. Instead, it has dem- publican Guard and destroy the com- bear. But bear it we must. onstrated for 7 straight years its con- pounds and ‘‘palaces’’ Saddam has The key to a long-term resolution of tempt for the United Nations, for the sought to protect. Ineffectual cruise the Iraq problem lies largely in one agreements it has signed, and for the missile and air strikes such as charac- man, or, to be more precise given what most simple norms of civilized behav- terized past punitive actions, particu- is known about his sons, one family. ior. larly in 1996 when 27 cruise missiles The United States should adopt strong- Saddam Hussein has repeatedly were launched against largely insig- er measures aimed at undermining the pushed the international community to nificant targets, will once again prove ruling regime through greater support the brink and then pulled back just counterproductive. Domestic commu- of dissident elements both within and enough to head off military action. He nications links should be targeted as outside of Iraq. Saddam’s internal se- has eluded the scale of punitive meas- well as military ones, in order to sever curity apparatus has proven enor- ures warranted by calculating the Saddam’s ability to communicate to mously effective at defeating such ele- point at which his actions would result the Iraqi people. The expansion of our ments in the past, and I am under no S474 CONGRESSIONAL RECORD — SENATE February 9, 1998 illusions about the scale of the effort manitarian aid to relieve human suf- lieve we should not confirm this nomi- required to get the job done. It is an ef- fering in needy countries. Assist Inter- nee. fort, however, that must be made. Con- national donated medical equipment to During the last several days of dis- siderable opposition to Saddam and his a site in Mongolia which was then ap- cussion here on the Senate floor, we family exists inside Iraq and, particu- proved by the World Health Organiza- have gone through a number of topics, larly, among exiled dissident groups. tion to perform open heart surgery. none of which reveals a record that The Administration should organize a The Hewlett Packard Foundation do- would recommend Dr. Satcher to be more concerted effort at unifying these nated the medical equipment in the dissident elements and providing the Black Lion Project in its goal to ease the Surgeon General of the United logistical support needed to bring human suffering internationally. Fi- States of America, none of which would about the collapse of Saddam’s regime. nally, the Chamber of Commerce of say that this individual ought to be Financial support toward this end is al- Erie, Pennsylvania, has joined together America’s family doctor. ready at hand in the form of Iraqi as- with the other organizations and has We looked at the Third World AIDS sets frozen after its invasion of Kuwait. raised the funding for transportation, studies that have been conducted and The current and future Administra- installation, and training costs of this that are ongoing under Dr. Satcher’s tions should budget appropriately for project. Specifically, I commend the supervision at the Centers for Disease the costs of such an operation within Erie Area Chamber of Commerce for Control. You will remember that those the international operations discre- this cooperative effort and for holding Third World AIDS studies were the tionary portion of the federal budget— the third annual ‘‘Aid to Africa’’ ban- subject of an editorial in the New Eng- not out of a defense budget already suf- quet to raise funds for humanitarian land Journal of Medicine, which has fering the effects of seeing resources projects. simply said that those studies are not The Black Lion project is an example diverted to various contingency oper- being ethically conducted, that as a ations. of the compassion and generosity that matter of fact, the studies were unethi- I do not adopt this stance lightly. On other countries appreciate and admire the contrary, I wish there were another in the United States. It gives me great cal. In short, the New England Journal way, but I know there is not. I regret pleasure as the chairman of the Senate of Medicine says that to give people very much that American personnel Foreign Relations Africa Subcommit- sugar pills, or placebos, when there is a may lose their lives in any military op- tee to know that Americans are finding clearly understood and accepted ther- eration we conduct against Iraq and I ways within the private sector to aid apy that is available, pharmaceutically mourn the loss of those innocent Iraqis other countries in Africa. It is my or otherwise, is unethical, and that has who want nothing more than to live in pleasure to ask the members of the been the position of the CDC in this peace. But Saddam Hussein has left us Senate to join me in recognizing and situation. They have simply persisted no choice. honoring the work of the members and with the administration of placebos, or Mr. President, it is imperative that staff of Assist International, World sugar pills, for individuals, in spite of this body convey to the President the Serv, the Hewlett Packard Foundation, the fact that there is proven therapy support he needs in this time of domes- and the Erie Area Chamber of Com- available that should be or could be tic political crisis to employ the level merce. given to those individuals. It has been of force necessary to bring closure to f clear, even in the words, I believe, of the situation with Iraq. For that to CONCLUSION OF MORNING Dr. Satcher himself, that these are happen, though, the President should BUSINESS studies that could not be conducted in ask Congress for its support, not just The PRESIDING OFFICER. Morning the United States. It is simply that we welcome it if and when it comes. Poli- don’t treat human beings as laboratory tics stops at the water’s edge, it is business is closed. subjects—to give them a placebo when often said in discussions of foreign pol- f there is a known therapy in this coun- icy. We are at the water’s edge, and the EXECUTIVE SESSION currents are threatening to sweep away try. So the first thing we discussed U.S. credibility in the very region pretty substantially last week were the NOMINATION OF DAVID SATCHER, where we can least afford for that to Third World AIDS studies. In these OF TENNESSEE, TO BE AN AS- happen. Vital U.S. interests are at studies the activities of the CDC, under SISTANT SECRETARY OF stake, and it is time to act. Dr. Satcher, had been labeled conclu- I yield the floor. HEALTH AND HUMAN SERVICES, sively, in my judgment, and at least f MEDICAL DIRECTOR OF THE very strongly by the New England PUBLIC HEALTH SERVICE, AND AID TO AFRICA Journal of Medicine, as unethical. SURGEON GENERAL OF THE They were called unethical because, in Mr. ASHCROFT. Mr. President, I rise PUBLIC HEALTH SERVICE. the face of known therapy, individuals today to acknowledge and honor the The PRESIDING OFFICER. The were just given sugar pills, even achievement of Assist International, clerk will report the business pending though we know that an infection or a World Serv, the Hewlett Packard Foun- before the Senate. virus like HIV is often considered a dation, and the Erie Area Chamber of The legislative clerk read the nomi- fatal virus. Commerce in delivering medical aid to nation of David Satcher, of Tennessee, the people of Ethiopia. This group of to be an Assistant Secretary of Health The second item of concern related to organizations has worked to provide and Human Services, Medical Director the way in which Dr. Satcher has con- medical equipment to Ethiopia that of the Public Health Service, and Sur- ducted himself as the head of the CDC can save hundreds of lives. This gener- geon General of the Public Health has related to domestic newborn AIDS ous gift, valued at over one million dol- Service. studies. In the eighties, there was a lars, will bring hope and health to The PRESIDING OFFICER. Who program to test the blood of newborn many in Ethiopia. yields time? infants. It was a test that was con- These organizations and the con- Mr. ASHCROFT addressed the Chair. ducted after identifying marks were cerned Americans associated with The PRESIDING OFFICER. The Sen- taken off the blood samples so that re- them have demonstrated the true spirit ator from Missouri is recognized. searchers just found out what percent- of charity. The group cooperatively has Mr. ASHCROFT. Mr. President, I age of the samples were HIV-infected. donated a state-of-the-art cardiac yield myself as much time as I may Researchers kept that for epidemiolog- heart monitoring unit to the Black consume. ical reasons or for statistical purposes, Lion Hospital—Ethiopia’s leading Mr. President, the nomination of in order to find out in a particular teaching medical facility. In addition David Satcher for U.S. Surgeon Gen- community what percentage of the to the cardiac unit, beds, mattresses, eral has been a matter of significant and other system support equipment discussion over the last several days. I newborns were being born with HIV. will be provided. would like to indicate that I rise to op- Now, since that study began, and dur- World Serv and Assist International pose this nomination. There are a num- ing the pendency of Dr. Satcher’s ten- have a strong history of providing hu- ber of very important reasons why I be- ure at Centers for Disease Control, new February 9, 1998 CONGRESSIONAL RECORD — SENATE S475 therapies have been developed that some of those in the public community health and will help them maintain could maybe make a difference for who think that we can preserve the freedom from disease and the threats some of these children. But Dr. Satcher health of drug addicts if we will pro- that real health problems can bring to persisted in doing the tests after the vide them with good paraphernalia, if them. markings were taken off the blood we can just provide them with the Those are an array of issues which I samples, so that no one would be able right kind of needles we can help them think will be discussed again today, to know which babies had the HIV and lead healthy lifestyles. We could help and have been discussed in this debate which didn’t. We just continued to as- armed robbers have greater health in at some level. But I would like to focus semble the statistical data in the blind the conduct of their robberies if we my remarks on one additional matter newborn studies. would provide them with bulletproof for the next few minutes in this debate. There are individuals who have vests. But I don’t think we want to do It is simply this: That a Surgeon Gen- raised very serious questions about that. As a culture, we are not in the eral who sanctions partial-birth abor- this. Those individuals have been very business of supporting the administra- tions is unfit to serve the people of the prominent in the AIDS research com- tion of illegal drugs. United States of America. A Surgeon munity and in the medical community. I will spend substantial time later in General who acquiesces in partial-birth These individuals say it’s one thing to the day talking about the commitment abortions is unfit to serve as the fam- maintain a statistical basis if there is of Dr. Satcher in promoting needle ex- ily doctor for the people of this coun- no known therapy, if there is nothing change programs and using public re- try. you can do, but it is another thing sources to help promote needle ex- Dr. Satcher, in a letter of October after a therapy is found to continue change programs. There has been sub- 28th, 1997, to Senator FRIST, said the forward in a situation where you don’t stantial debate over this. Frankly, following: take the identifying characteristics for there has been some confusion in the I have no intention of using the positions the blood and you just persist and then Senate about this, and I think it re- of Assistant Secretary for Health and Sur- you don’t notify—so you don’t have sults from the fact that the CDC and geon General to promote issues related to any information to give to parents be- Dr. Satcher have not been forthcoming. abortion. I want to use the power of these po- cause you have taken the names and It is very clear to me that they have sitions to focus on issues that unite Ameri- the identifying characteristics away not been complete in their disclosure cans, not divide them. from the blood. That was irresponsible. of what they have been doing and what Satcher goes on in his letter: As you well know, there was quite a they have been supporting. We have As a family physician, medical educator, controversy in the Congress about asked for document after document and public health leader, I have devoted my that. And that whole program has been and, as previous discussion in this de- entire career to mainstream consensus build- shut down. bate revealed, the CDC has been loath ing efforts to improve the health of the But my view is that the leading doc- to send us information and documents. American people. tor for American families should have But all the trickle of information re- Yet, Dr. Satcher has stated that he a view toward how to help families un- veals a greater and greater commit- supports the President’s position re- derstand how to improve their health ment, on the part of this nominee to be garding partial-birth abortion. On Oc- standing. When there is a therapy that Surgeon General of the United States, tober 21, 1997, in a response written to becomes available, one should not per- to support needle exchange programs Senator COATS of Indiana, Dr. Satcher sist in the maintenance of nameless which would provide those who are stated that he supports the President’s statistical records and epidemiological breaking the law with the capacity to position on partial-birth abortion. data. One should try quickly to get do so, perhaps at less disease risk. But Mr. President, is that a mainstream that data to the people so that they I question whether or not most Ameri- consensus building position shared by can arrest the development of the dis- cans want to be spending their tax re- America? Is the position of President ease in their children, so they can take sources to provide needles for dope ad- Clinton mainstream? Is that position remedial steps. And not only did Dr. dicts instead of improving the edu- supported by most Americans? Does it Satcher preside over a continuity in cation of their children or pursuing a build consensus? Thankfully not. This the program that ignored the potential variety of other objectives which might is pretty clear. therapies, but also when the Congress be undertaken. A recent CNN-Times poll reveals that came in to shut down a program de- A fourth, very important item that fully 3 out of every 4 Americans believe signed for statistics which ignored the relates to my reservations about Dr. that partial-birth abortion is wrong. potential for helping individuals, Dr. Satcher is that the Centers for Disease Nonetheless, President Clinton, Dr. Satcher sought to stop the Congress Control, instead of focusing its energy Satcher, and their allies on Capitol Hill and lobbied the Congress to allow it to on diseases and the eradication of dis- persist. The suggestion that Dr. continue. eases, has in some cases diverted its at- Satcher is only going to do things that I have discussed these two issues: tention to areas far afield from the are mainstream to build consensus is The HIV studies in Africa and the HIV area of disease control or prevention, immediately belied by his performance studies on newborns in the United or even the development of therapies on this issue. States with the epidemiological data for diseases. Lest there be any confusion, we are and statistics about how many in each Here is one example of another area talking about an abortion procedure town were HIV infected. they have moved into—the area of acci- that allows a child to be partially born I think it is important for us to un- dents. The CDC has decided that sig- from a mother’s womb only to have its derstand that both of these studies nificant studies related to gun owner- skull crushed by a doctor who pledged place too much emphasis on the data ship are the equivalent of the examina- to ‘‘do no harm.’’ Most Americans by and upon the research aspects without tion of diseases. As LARRY CRAIG, the now understand the horrors of partial- enough emphasis on the actual health Senator from Idaho, has eloquently ar- birth abortion. They understand that of individuals. gued on this floor, the second amend- this is a late-term abortion. They un- In each of those cases, very serious ment to the Constitution—the right to derstand that these abortions are con- questions have been raised about the bear arms—is not an epidemic. The sec- ducted in a way that results in the ethics and the conduct of those kinds ond amendment to the Constitution of child being born 80 to 90 percent, and of experiments. There is, though, an- the United States is not a disease. We while just a small portion of the child other area of concern which I hope to really do not intend for the Centers for remains in the mother’s body, the child be involved in more fully today during Disease Control to be involved in some is then killed. This procedure occurs at the debate, and that is the concept of debate about the politically correct re- a time in the pregnancy when the child needle exchanges for dope addicts. sponse to this set or the other about could survive outside the mother’s Most Americans do not want their tax gun ownership. The Centers for Disease womb. dollars to support programs which pro- Control should focus its energy and de- One of the things that really strikes vide drug paraphernalia, needles or ploy its resources in a way that will me is that partial-birth abortion is re- other things, to drug addicts. There are help American families have greater vealed on a continuing basis by science S476 CONGRESSIONAL RECORD — SENATE February 9, 1998 to be less and less acceptable in the that he favors these kinds of abortions. so badly that we will have to embrace American culture, because there are so I just do not think that is a very unify- a Surgeon General who will be politi- many things known today that weren’t ing approach. I don’t think it is the cally instead of medically correct. And known a few years ago. We held hear- kind of view that is reflected in the I don’t think anyone who supports ings in the Senate Judiciary Commit- mainstream of America. But not only widely-opposed medical issues that are tee, Constitution Subcommittee on is Dr. Satcher’s view outside the main- as clear, convincing, and consensus ori- Abortion, and we solicited the testi- stream of America, Dr. Satcher’s view ented as partial-birth abortion, or who mony of Jean A. Wright, medical doc- on this issue is also outside the main- will just defer to what political bosses tor and master of business administra- stream of America’s medical commu- dictate in that respect, should be ele- tion. She is an individual who is board nity. It is not just that the American vated to such a position of high trust certified in pediatrics, anesthesia, and people broadly defined don’t accept his and respect as Surgeon General. in both sub-boards of critical care med- views. Dr. Satcher departs also from I have just a few exemplary letters icine. What she pointed out was very thousands of his colleagues in the med- that I will be reading. They are by indi- important; that is, that these children ical profession who have declared em- viduals from all across the country, who are subject to partial-birth abor- phatically that there are no health rea- from Massachusetts, Colorado and tion have an increased sensitivity to sons or health justifications for per- Montana to Florida and Louisiana. pain. forming partial-birth abortions. The Dr. Helen T. Jackson of Brookline, So much of the argument surround- American Medical Association opposes MA, shares a concern: ing abortion has alleged that these the procedure. As a practicing obstetrician and gyne- children can feel no pain, that it is not I have to leave it to the AMA, in the cologist, I hereby state that there is no place in medicine for partial-birth abortion. This a person, that this is just a group of face of their opposition to this proce- is a barbaric procedure which should not be cells, and this is not anything to be dure which Dr. Satcher is willing to accepted in any civilized society. No Surgeon concerned about. As technology pro- embrace, to explain why they would General should be a rubber stamp for the gresses, science reveals that indeed support Dr. Satcher, and I would leave President’s position. these young, preborn children are very it to them to explain the inconsistency This is not just a question here about sensitive to pain. which I believe that particular position partial-birth abortion. This becomes a I just wanted to point out that in our reveals. larger question. If a Surgeon General is hearings Dr. Wright made a very, very The group called the Physicians Ad willing to go against the best of medi- compelling presentation about the na- Hoc Coalition for Truth is a nationwide cine in order to cave in to political de- ture of this pain. The way they found coalition of doctors now numbering mands from the President on an issue out about pain in preborn infants over 600 members. This organization so important as the life and death of comes from techniques that have been has insisted there is no medical need or unborn children by partial-birth abor- developed for doing surgery on preborn justification for the partial birth abor- tion, I think we have to ask ourselves, infants. When these surgeries are per- tion procedure and that it should be will we get the kind of advice and help formed they sometimes measure things banned. from the Surgeon General that we need like blood pressure and the level of hor- So we have a clear indication that and want? mones and other substances in the not only is partial-birth abortion in Dr. Douglas B. Boyette wrote: blood. And when a person is undergoing the mind of the public improper—three Please let it be clearly understood that I pain, his blood pressure goes up. When out of four people do not support it— would oppose the appointment of Dr. David a person is undergoing pain, that per- but groups as diverse as the American Satcher in his quest to become Surgeon Gen- son’s blood composition changes in re- Medical Association and the Physi- eral. He supports President Clinton’s veto of sponse to pain. cians Ad Hoc Coalition for Truth say the Partial-Birth Abortion Ban Act. Obvi- Medical personnel have noticed, both ously, this physician lacks clear judgment there is no reason for it and reject it. and, therefore, would be an inappropriate when they are doing surgeries on Of course, as I indicated, testimony candidate for such an important position. preborn infants inside the mother and from Jean Wright of Emory University Let me read a letter from yet an- when they withdraw the child from the about pain in preborn infants provides other doctor. Dr. John I. Lane of Great mother for later placing it back in the another basis for the American people Falls, MT, writes: womb to do surgery, that the elevation to say this isn’t the kind of thing we I strongly urge you and your colleagues in in the pain levels of these preborn in- want to support. the Senate to let the President know that fants is very substantial, at least as Dr. Roy C. Stringfellow, of Colorado, this Nation deserves a physician of the high- seen in the indicators that are associ- wrote: est caliber, not a politician, to serve as Sur- ated with pain. So that the child’s President Clinton’s medical reasoning for geon General of the United States. blood pressure goes up very substan- his stance on partial-birth abortion has been I think Dr. Lane would reflect the tially and the blood’s hormonal con- clearly shown to be flawed and not in any concerns of a lot of people in this coun- tent goes up. As a matter of fact, it is way in touch with reality. try. Sure, we would be glad to respond not a suggestion that preborn infants I am sure Dr. Satcher understands to someone as our America’s family feel pain less than full-term infants this, and I am sure he is aware of the doctor, as our leader in terms of health and newborns. It looks as if prior to fact that the AMA as well as many concerns, but there is nothing more being born the sensitivity to pain is other medical groups and medical ex- important between the doctor and the higher than it is once one is born. That perts have recognized President Clin- patient than the responsibility of would make sense because the preborn ton’s flawed reasoning. trust. You would hate to think you infant is not accustomed to being It concerns me greatly that Dr. were going to your doctor and, instead knocked around, or invaded, or cut on, Satcher does not have the courage to of getting good medical advice, were or otherwise injured. So the child’s take an appropriate stance in regard to getting political advice. The American sensitivity is very high. this issue. If he cannot be trusted to people want a doctor to lead us to bet- With that in mind, I think this take the side of medical reality versus ter health, not to parrot politics. I knowledge just dramatizes the whole political expediency in this case, how agree with the letter of Dr. John Lane issue of partial-birth abortion—this can we trust him to fulfill the office of of Great Falls, MT, when it says, ‘‘The issue of taking a late-term child, with- Surgeon General? Nation deserves a physician of the drawing that child substantially from We haven’t had a Surgeon General highest caliber, not a politician, to the mother, and then destroying that for 3 years. We did not have a Surgeon serve as the Surgeon General of the child, which otherwise could survive General for 3 years because the last United States.’’ I think it is pretty with the kind of medical help that is Surgeon General was so irresponsible, clear that we owe a duty of responsibil- frequently attendant to premature so outspoken as to literally wage an as- ity to the American people in this con- births. sault on the good judgment and values firmation deliberation to make sure Dr. Satcher says that he has a main- of the American people and on the val- that we do not confirm someone who is stream approach and that he is going ues of the medical community. But I do going to advance a political agenda to pursue consensus, but he indicates not think we need a Surgeon General rather than a health agenda. February 9, 1998 CONGRESSIONAL RECORD — SENATE S477 Too often I think a lot of people real- It is not a matter of minor con- nifies. The New York Times suggested ize this. They feel there are going to be sequence. The opportunity of the Sen- that this is a fight about abortion. political health agendas instead of the ate in confirmation hearings is a sober- They put it this way: real health agendas. People have had ing opportunity, and it is not a matter Conservatives want to block this highly re- real reservations about the way the re- of pleasure to come to the floor to say spected nominee because of his mildly stated search funds of the United States have that we can and ought do better and views on abortion. been allocated. They have had real res- that we need someone who is a physi- Well, frankly, this is about partial- ervations about what has been done in cian above being a politician, someone birth abortion. This is about whether terms of trying to conquer various dis- who will lead us to better health rather we are going to cloak an individual eases. It seems to them that some dis- than reinforce the politics of an admin- with the title, prestige, impact and in- eases are more politically popular and istration. I think that is something we fluence of the Surgeon General of the get a lot of support and research dol- are owed and something for which we United States of America who is will- lars, in spite of the fact that the same ought to aspire. ing to support partial-birth abortion number of dollars might really save far So I read through these letters from against the will of the American people more lives somewhere else or might be Dr. Stringfellow, Dr. Jackson, Dr. and against the wisdom of America’s devoted to developing a promising Boyette, Dr. Lane, Dr. James, and Dr. medical community. therapy which is on the verge of com- Krotoski. These are letters which Now, there are other issues involved plete development and discovery. But, speak about the mainstream medical here. It is not exclusively about abor- instead, politicians take the resources community’s understanding, and they tion, but it is about abortion. The New and redirect them toward political ob- call us to our highest and best. They York Times is right. It suggests that it is about abortion, and, Mr. President, jectives or to political constituencies diagnose something. The best diagnosis this is about abortion. It is about par- instead of having the resources di- is the diagnosis that is in advance; it tial-birth abortion, a procedure so rected in the areas of real medical as- doesn’t wait until you get the disease. cruel, a procedure so inhumane, a pro- sistance. It says, if you persist in a kind of be- cedure the barbarism of which is so sig- In a setting like this, we should find havior, you will find yourself in a sub- nificant that rational support is hard out whether an individual is going to standard position. to generate. I do not believe that rea- be subject to political exigencies or This is what we have here. We invite sonable and rational support can be ac- whether the individual is going to take someone to be the health leader for the corded this procedure. The procedure the direction of medicine. I think a United States of America whose com- itself defies that kind of support. This real question is raised here when, repu- mitment, when push comes to shove, is nomination is about whether a man diating the American Medical Associa- to politics over health, or at least who who championed this horrific act is fit tion position on partial-birth abortion, is willing to accommodate the political to serve as the Nation’s family doctor. repudiating the advice of the over- position of the President on partial- I am a little bit troubled by the phrase whelming number of experts that it is birth abortion, rather than someone never medically indicated, the pro- in the New York Times editorial, who is willing to stand up and say what ‘‘mildly stated.’’ It has been stated on posed Surgeon General of the United is true in the hearts and minds of States decides to embrace a political the Senate floor, I believe by the senior mainstream and what is true in terms Senator from New York, that this pro- position of the President rather than of the medical community. I think that to advocate a medical position for the cedure is ‘‘infanticide.’’ kind of diagnosis by these physicians is I wonder if the New York Times be- people. That is troublesome. very helpful. We should heed the warn- Or consider the letter of Peggy B. lieves that if someone just mildly ing of these doctors. In a sense it is a states their support for infanticide James, a clinical assistant professor at health warning. the University of Florida College of that makes infanticide appropriate? I Mr. President, what message would wonder if we had a mild statement in Medicine: we send by embracing a Surgeon Gen- As a physician practicing for the past 17 support of genocide, whether that eral nominee who would support such would make genocide acceptable? You years, and as a mother of three children, one barbarism? What does it say about who of whom was delivered very early and was know, mild statements sometimes very ill but is doing very well now, I am ab- we are? What does it say about the cover over the most serious of cir- horred that Dr. Satcher’s confirmation may moral condition of our Nation, when cumstances. I remember a Presidential take place. the Surgeon General, in the face of the nominee who resolved that abortion Here you have a clinical assistant American Medical Association and in should be safe, rare and legal—a pretty professor, a mother, a medical doctor, the face of expert medical testimony, mild statement. But it is the same who has had experience—one of her would seek to put a political position President who has consistently vetoed own three children born very ill and in place, or would reinforce that politi- bans on the barbaric procedure known very early, but doing very well now— cal position? He may say, well, I am as partial-birth abortion. If my time as who understands the tangibility of a not going to be there to talk aggres- Governor and Senator have taught me child that is not born at full and the sively on this issue. I am not going to anything it is this, that government tangibility of its survival. She is, be there to make a big thing over abor- and its officials teach. Teaching that frankly, shocked that a person might tion. partial-birth abortion is acceptable is be endowed with the mantle of respect I can assure you that when the de- wrong. to lead America in health decisions bate comes to the floor of the Senate, There is a struggle in the country. who favors allowing the destruction of the Surgeon General’s position will be There is an idea that our young people such children rather than trying to recited. To have it suggested that there do not have the right view of them- protect them. ‘‘I am abhorred,’’ she would be an opportunity for a person to selves. They do not have the kind of es- says, ‘‘that [the confirmation] may be Surgeon General and not lead on an teem which we would like young people take place.’’ issue this important, whose position to have. Somehow, our children do not One more letter. Finally, W.A. would be inconsequential on a position have the kind of self-image, according Krotoski, a retired medical director of this important, would simply be to to a number of individuals, that we the U.S. Public Health Service, living deny what the responsibility of the job would want them to have. Maybe we in Louisiana, asserted: is. The job is to lead. The job is to lead contribute to the absence of the right The position of Surgeon General of the toward better health. And if a person is kind of esteem and self-image in chil- United States is too important to place in willing to put politics above better dren when we indicate to them that the hands of people who are willing to deny health in situations like this and say they can be survivable, and they can be their oaths and medical facts. Should Dr. we are not going to emphasize it, I do substantially born, but it’s still OK and Satcher be selected, he will have enormous influence over the dedicated group of health not believe a person really is saying appropriate if someone wants to de- care professionals who constitute the U.S. they understand what the nature of the stroy them at that stage of their exist- Public Health Service. Please don’t allow job is. ence. this influence to be that of denied integrity There has been and there will be If we want to teach children self-es- regarding human life. more talk of what Tuesday’s vote sig- teem, maybe we should begin to esteem S478 CONGRESSIONAL RECORD — SENATE February 9, 1998 children a little more ourselves. In the couldn’t help but think how frustrating Similarly, the family doctor, the Na- absence of the right value for children it must have been, even for Lincoln in tion’s family doctor, ought to be about to place on their own lives, maybe we the time of the Civil War, basically saving lives, not taking lives. We are should seek to place a greater value on having the courage to take on the issue talking about taking lives here. Make the lives of children ourselves. I think of slavery. Ironically, it led to the de- no mistake about it. America deserves better than a Sur- struction of one political party. The I was in a debate with a colleague on geon General who would show a callous Whig Party went down and the Repub- the floor of the Senate here a few years disregard for innocent human life, even lican Party was formed in opposition ago, in which this particular Senator if it is a mild statement of approving to slavery. In those days, people re- said he had studied this issue very partial-birth abortion. A man who fused to stand up on principle and lost carefully and he realized that, until the would sanction and support partial- a political party. I do not know if there third month, the fetus wasn’t a person. birth abortion cannot provide the is a lesson to be learned here, but it is I asked him if he could tell me what it moral leadership that the office of Sur- certainly something to which we ought was, then, for the first 3 months? There geon General so desperately needs. to give serious consideration. was not an answer. What is it for the Mr. President, I thank you for this I know how the Senator feels because first 3 months? We all know what it is. opportunity to open this debate. I be- for many hours I stood here on the It’s a life. It is a young child. And of lieve more than anything else, America floor, in 1995, and took abuse from the course, in the context of partial-birth needs a Surgeon General who will tell national media. I still do take abuse abortion, we are not talking about the the American people the truth; whose from the national media, and many in first three months. What we are talk- efforts in the Surgeon General’s office the media in my own State, for point- ing about in partial-birth abortion, as ing out what this procedure is and how will not be to protect the political Senator MOYNIHAN has said on the floor horrible it is and how wrong it is. But agenda of any individual but will be to of this Senate, is infanticide of a later- we all know that there are many out help the health agenda of the American term baby. It is executing a little there who fight hard to keep us from people. When we are offered individuals child. That is what it is. telling the truth on this issue. I want We are hearing today that families of who are willing to go in the face of the to get into that in a little more detail America should not care whether their American Medical Association and the later, about just exactly what hap- family doctor—the doctor for Amer- medical community to support partial- pened. But let me say on behalf of ica—knows the difference between birth abortion and support the Presi- many, thank you for your leadership right and wrong, that we should not dent rather than the health concerns of and stepping into the breech. the country, I think are shown a clear As you know, there are many people care whether our family doctor be- symptom of a problem which we would who did not want us to make an issue lieves that killing a little child as her rather do without. The best way to of this; who wanted this nomination to body rests in your hands is wrong or avoid that problem is to insist on bet- slip by quietly so people wouldn’t be right. You should not care about that. ter for the United States of America. ‘‘embarrassed’’ by having to vote on It does not matter, as long as he be- I note the presence of the senior Sen- the Satcher nomination. But let me lieves in the President, as long as he ator from New Hampshire on the floor. point out that the Surgeon General is supports the President and doesn’t say He introduced the legislation to ban America’s family doctor. That is what anything about it. It will be all right. partial-birth abortion. He is an individ- he or she is supposed to be. When you Would we have ended slavery if we ual who has been a great fighter for the go to see your family doctor you look had taken that approach? Would we rights of the unborn. He tackled the for competence, certainly. You might have ended generations and genera- issue of partial-birth abortion in a set- want to take a look on the wall to see tions of racial prejudice and discrimi- ting that was very difficult and there- what his qualifications are, see where nation? We still have not ended these, by demonstrated his outstanding cour- he studied. You certainly want to look but would we have made the inroads age. I am pleased to yield to the senior for expertise. You want to look for that we have made? I don’t think so. I Senator from New Hampshire, such somebody who works hard, who does a don’t believe it and I don’t believe that time as he may consume in regard to good job. deep down in their souls the American this nomination. You also want someone with moral people believe it either. The PRESIDING OFFICER (Mr. authority. I know Dr. Satcher has a That is why I am here today. COATS). The Senator from New Hamp- very distinguished record. But I ask I am not here today to cast any as- shire. whether or not, on an issue as impor- persions or make any commentary on Mr. SMITH of New Hampshire. Mr. tant as this issue is, whether being pas- Dr. Satcher’s general character. He has President, let me say to my colleague sive is sufficient. Is it sufficient to say had a very distinguished career. But he from Missouri how much I appreciate that you are not going to make an is wrong. He is wrong on this issue. his leadership, being out here hour issue of partial-birth abortion if you And as long as I have a vote I intend to after hour, many times alone, in oppo- are the Surgeon General, to say that exercise that vote against this nomina- sition to this nomination. It is the you are not going to crusade for it, tion. I know it is not going to be a vote right thing to do. I don’t think it is a that you are just going to be passively that we are going to win—and that is secret that probably we are going to for it? That is not good enough. That is unfortunate. lose this fight. But in the effort the not good enough. Now I should probably know better Senator has distinguished himself in You want somebody who is grounded than to expect this President to pick accenting what I think are the issues in common sense, who knows and un- someone for Surgeon General who is that need to be accented in this debate. derstands the difference between right going to be against abortion or even The Senator pointed out a number of and wrong. Every day in the press against partial-birth abortion. This important other questions that have today—we don’t have to get into it. President is for abortion. He is for par- arisen, but I want to focus on one par- The American people know full well tial-birth abortion. He has vetoed the ticular issue because, as the Senator what I am talking about. But every legislation we sent him two or three said, I have written the legislation to day we are hearing suggestions that times now. We do not have quite the ban partial-birth abortions here in the Americans no longer care. They do not number of votes to override him. We country. care about right or wrong. They do not are only 3 short, though. Regretfully, I must say, but for 3 care about lying. They do not care When you hear people tell you that votes in the U.S. Senate we would have about untruthfulness. They do not care votes don’t matter, or your vote a ban on partial-birth abortions—or, about cheating. They do not care about doesn’t matter, or one vote doesn’t better put, perhaps if the President had setting a good example. We have to matter—I would ask you to reflect for not vetoed it, since we have 64 votes al- turn the television off now when our a moment on this. This bill has been ready in the Senate but we need 67, it kids are in the room when we are talk- brought through the process two or would have come to pass. ing about issues involving some of the three times, through the House, As I sat here for the last 15 or 20 min- leaders in our country. That is a pretty through the Senate, up to the Presi- utes listening to my colleague, I tragic commentary. dent’s desk and vetoed. We are but February 9, 1998 CONGRESSIONAL RECORD — SENATE S479 three votes away from stopping the their bodies are literally in the hands moral icebergs out there facing the execution of little children as they of the abortionist? What is wrong with U.S.S. America today, the ship of come from the womb. That is what we this country? What are we coming to? state. There are a lot of them. Abor- are talking about. That is what par- We shouldn’t even have to be on the tion is one of them, and partial-birth tial-birth abortion is. Three votes. If floor of the U.S. Senate talking about abortion itself is a big one. If we can’t three people in the U.S. Senate this. We shouldn’t have to be here. The speak up for the babies who are inno- changed their mind we could change Constitution protects life, but we are cent victims of an abortionist’s scis- that. not abiding by the Constitution. sors, then we are going to run smack If we had a family doctor who would When I introduced the partial-birth into that iceberg and we are going to be willing to use the bully pulpit to abortion ban in the Senate in June of sink. talk about this issue, we might be able 1995—we prevailed with 54 votes ulti- Sometimes, when we take the Senate to influence those three votes. You mately. I believe that is correct, 54 floor to speak, we wonder how impor- never know. But we are not going to votes. I think we started off with tant our words are. Sometimes they influence them with a Surgeon General maybe 40, but then I began to describe are not important at all; sometimes who says, ‘‘It’s OK. It is all right. the procedure, and I remember Sen- they are very important. But at some There is nothing wrong with it.’’ And ators coming down here saying how point, you have to look back and you that is why we are here. horrible it was that in front of the have to say to yourself, ‘‘Did I sit by I am going to oppose this nomina- American people I would talk about and not do what was right or say what tion, along with Senator ASHCROFT and this. Well, why not? Why shouldn’t we was right?’’ or ‘‘Did I speak up for what others, because it is morally wrong to talk about it? I believed in?’’ kill little children as they exit their Do you know what a partial-birth I don’t want to serve in the U.S. Sen- ate if I can’t do that. I am perfectly mothers’ wombs. abortion is? Let me tell you what it is. happy to have history judge me. Not by I would say, deep down in your We are talking about a child anywhere contemporaries in the media. I could heart—no matter where you are, who from the fifth month to the ninth care less what they say or how often you are, how you feel about abortion in month. they say it. It is irrelevant. History general—you probably agree with me. In the first step, guided by will be my judge, and history will be You can get into all these other de- ultrasound, the abortionist grabs the the judge of this debate. History will be bates about who is responsible, who has baby’s leg with the forceps. This is the the judge of the debate on abortion, the right to do this, who has the right first step. and history will be on the side of those to choose and all that. But deep down The baby’s leg, in the second step, is who stood up for life. I am convinced of in your heart, do you think that is pulled into the birth canal. that. I know that. So I don’t worry right? Do you think it is right that the Then in the third step, the abortion- about it. ist, by taking hold of that little child’s chief medical person, the family doctor I used to get upset, but today I am of America, won’t speak out against it? feet, pulls the child entirely through very calm about it. Inside I am not Do you think it is right that the Presi- the birth canal with the exception of calm, because it is a sad, sad com- dent of the United States refuses to ap- the head, restraining it from being mentary on America. That iceberg point someone who will speak out completely born. looms out there, and it is big. With against it to this post? Do you think The abortionist then uses scissors three more votes in the U.S. Senate, we the President is right? which he puts into the baby’s skull. He could melt that iceberg and take it out Maybe some of these folks ought to then opens the scissors to enlarge the of the way of the American ship of witness some partial-birth abortions, hole, and, the final step, the scissors state. like nurse Brenda Pratt Shafer did. are removed and a suction catheter is We could get those three votes if we Until shortly before I came to the floor inserted. The child’s brains are sucked had a Surgeon General and a President in 1995 and discussed this issue, I didn’t out, causing the skull to collapse, and who had the courage to hold a two know what partial-birth abortion was. the dead baby is then removed. minute press conference to say: ‘‘This One of the people I discussed it with That is what partial-birth abortion is wrong, this is wrong. You know, I’ve was nurse Brenda Pratt Shafer who is. Let’s understand what it is. That is thought about this. I’m for abortion considered herself ‘‘pro-choice’’ until a process that our Nation’s family doc- but this is infanticide’’ We could suc- she accepted a temporary assignment tor will not oppose, that our President, ceed if the President came to the same at a clinic where partial-birth abor- the President of the United States will conclusion that Senator PAT MOYNIHAN tions are performed. not oppose. did and said, ‘‘This is wrong. I am Of course, we’ve heard all kinds of There are two very famous ships in going to stop it. You send me that bill things from the other side of this de- American history. One of them was the again and I won’t veto it. And I’ll send bate. They said we only do a few of Titanic that sailed from Great Britain you a Surgeon General who will speak them a year, maybe a few dozen. They in the early 1900s. The other was the out against this and let’s try to stop said it is only done in the case of ex- Mayflower that sailed in the 1600s from this brutal procedure that takes inno- treme deformities. I said it wasn’t so England. cent life in such a brutal way.’’ and I was attacked on the floor of the On the Mayflower, there was a group I can’t get a hard-and-fast number Senate and attacked in the press. I still of people who knew where they were for how many partial-birth abortions am being attacked in the press. going and who knew what they wanted are performed. Nobody will really talk Come to find out, it is several thou- to do when they got there. They had a about it but it is estimated to be sev- sand a year. This news came from turbulent voyage. People died during eral thousand. You have to ask your- prominent people in the abortion in- the voyage. They hit storms. It was a self, what those several thousand dustry, a few people like Ron Fitz- long, long ride, but they got here. They human beings would have done with simmons, the head of the National Coa- landed on the beaches and began to their lives. Just as we must ask the lition of Abortion Providers who came found a nation. They knew what they same question about each of the more out and told the truth. He said, ‘‘I lied wanted to do, and they did it. than one million human beings de- through my teeth.’’ Now we know, and The Titanic sailed from England three stroyed by abortion every year in this in spite of the fact that we know, we centuries later. They were happily and country. We will never know. Is there a still are faced with a nominee for Sur- merrily enjoying themselves, drinking President of the United States in that geon General who won’t oppose this and dining. But the crew failed to navi- group? Is there a doctor who will find a brutal procedure. gate the obstacles and the Titanic hit cure for cancer or a preacher who will With all the problems we face in an iceberg and sank. Figuratively save some souls? We will never know. America today, all the terrible things, speaking, the Roman Empire hit an They never had a chance. This Nation, what is wrong with our country when iceberg and sank into history. but for three votes, stands by and lets we can’t get enough people in the Sen- I say to you today, with the greatest it happen, to several thousand of these ate to override the President’s veto of respect for the differences of opinion children even as they leave the birth a bill to stop the killing of children, as on this issue, that there are huge canal. S480 CONGRESSIONAL RECORD — SENATE February 9, 1998 And this Senate tomorrow will vote views? The Physicians’ Ad Hoc Coali- bipartisan support, as there should be, to make Surgeon General a man who tion for Truth, a nationwide coalition for this really extraordinary, outstand- won’t speak out against it. of hundreds of doctors formed to refute ing nominee. When this debate began in 1995, some misinformation about partial-birth I listened with interest and read a worked hard to hide the truth. But Ron abortion, has asked why Dr. Satcher is good part of the debate. Mr. President, Fitzsimmons had the courage to speak so far out of the mainstream on par- the discussion thus far is a very brief out and admit, ‘‘I lied through my tial-birth abortion. Physicians’ Ad Hoc sketch of Dr. Satcher’s extraordinary teeth.’’ They denied there was such a Coalition for Truth—citing the opin- achievements. He rose from poverty, thing as a partial-birth abortion. ‘‘It’s ions of doctors holding a variety of obtained his doctorate and medical de- a phrase that was coined by the pro-life views on the broader issue of abortion, gree. He has been published in many of lobby,’’ they said, ‘‘There’s no such including the American Medical Asso- the scientific publications. He has been thing.’’ And when they had to admit ciation—have concluded there is no recognized with honorary degrees and that there was such a procedure, they medical reason for using this barbaric various awards over the course of his lied about what happens to a baby who partial-birth abortion procedure. They lifetime. is a victim of the procedure. express concern that Dr. Satcher ‘‘may He has been endorsed by an over- whelming number of groups and orga- But the web of lies spun by those de- be relying on politics rather than medi- nizations. When you look through the termined to defend the indefensible has cine in reaching his conclusions about list virtually every medical associa- finally unraveled, and the American abortion.’’ tion—the American Medical Associa- people now know the truth. The ‘‘life-and-health’’ position is a tion, the Academy of Pediatrics, the And how do our two great political political position. Worse, is politics Public Health Physicians—and the list parties face up to this truth? In one po- that will cost the lives of innocent un- goes on and on; virtually all of the litical party, there is not even an issue. born children. nursing associations; the hospitals; the That party doesn’t make any comment It is amazing really to look at the in- principal pharmaceutical companies; on life. Abortion is fine in that politi- tensity of the attacks on those of us the major academic centers; the Asso- cal party. In my political party, we who stand up here and speak out on ciation of American Medical Colleges; take a position in favor of life. But— this issue. They are venomous, they virtually all the children’s groups, such and this is the part that sends me in are vicious, but it’s worth it. as the Children’s Defense Fund, the orbit—we say ‘‘be pro-life but don’t Someday I will look back. If any of Children’s Health Fund; virtually all of talk about it. It offends too many peo- my grandchildren ask me where I was the allied health groups, the Cancer ple. Just say, ‘I’m pro-life, what’s your when this issue was being debated, I Society, the Lung Association, the next question? Is there a question on can tell them in good conscience where Public Health Association, the Associa- Iraq or maybe a question on education? I was. I am proud to be here today on tion for Maternal and Child Health Could we talk about something else?’ ’’ the Senate floor defending unborn chil- Programs, the National Mental Health I have been hearing it for 13 years in dren in the context of this nomination. Association; all of the disability politics. All the consultants say, I am proud to be here. I wish I did not groups, the March of Dimes, National ‘‘Don’t talk about abortion.’’ have to be here because we should not Multiple Sclerosis—again the list goes Well, I did in my last election. They have to stand here on the floor of the on—women’s groups, such as the Wom- tried to make me pay the price for it. Senate to do this because it is a right en’s Legal Defense Fund, the Breast I barely won, but I won, and you know that these children have under the Cancer Coalition, the National Black what: If I had lost, I would have lost Constitution, one outrageous Supreme Women’s Health Project, the National because I believed in something, and I Court decision notwithstanding. Asian Women’s Health Organization; would have gone on with my life. Mr. President, I will oppose President virtually all the senior groups, the Na- I often wonder what would Lincoln Clinton’s choice of Dr. Satcher for the tional Council of Senior Citizens; and have said about this, or what would position of Surgeon General. I will very strong support from the various Jefferson have said? It is really sad; it make that vote proudly. It is the least religious groups; virtually all of the is really sad. we can do when, as a result of the civil rights groups, law enforcement so- In 1995, the abortion industry said President’s position—the position cieties, the other groups; family, vio- that all of these procedures are per- upheld by the nominee under consider- lence prevention, and a number of ex- formed in situations where the moth- ation today—thousands of innocent traordinary individuals. er’s well-being is imperiled. But then lives will be brutally extinguished. I do not agree with all of these orga- the American Medical Association en- Mr. President, I yield the floor. nizations on all of their various mat- dorsed a ban on partial-birth abortions. The PRESIDING OFFICER. Who ters, but the breadth of the type of sup- And both Houses of Congress passed yields time? port that we have here, virtual uni- such a ban. And now only Bill Clinton Mr. KENNEDY addressed the Chair. formity, the men and women who have and his veto pen prevent us from stop- The PRESIDING OFFICER. The Sen- judged him on the basis of his profes- ping this procedure. ator from Massachusetts. sional life and also about his commit- So as we consider Dr. Satcher’s fit- Mr. KENNEDY. Mr. President, I un- ment and caring, it is virtually uni- ness to fill an office that provides a derstand that we are under a time con- form. And these are the men and bully pulpit on matters of health, I be- trol. Am I correct? women, the organizations, who over a lieve that it is appropriate to inquire The PRESIDING OFFICER. The Sen- lifetime have been associated with this about his views on the subject. This ator is correct. really extraordinary individual. has been quoted before here on the Mr. KENNEDY. So I will yield myself It is interesting. Are all these groups floor, but let me repeat it. Here is what such time as I might use on behalf of and individuals that support Dr. Dr. Satcher said about partial-birth those who are supporting Dr. Satcher. Satcher out of step with those that abortion: The PRESIDING OFFICER. The Sen- have spelled out their reservations I support the President’s position. The ator from Massachusetts. about him? I daresay, this is about as President opposes late-term abortions except Mr. KENNEDY. Mr. President, I, first mainstream a group of organizations as where necessary to protect the life and of all, again want to commend the Sen- we would find in our country. Basi- health of the mother. ate leadership for moving to consider- cally, it is a group of organizations The partial-birth abortion ban bills ation of the nomination of Dr. Satcher. that understand the extraordinary life passed by Congress protect the life of It is long past time for the Senate to and achievements and accomplish- the mother. But the President’s insist- vote on his nomination to be Surgeon ments of a very, very exceptional indi- ence on a ‘‘health’’ exception is really General. It is long past time for the vidual. a demand for language so broad that country to have a Surgeon General and Mr. President, Dr. Satcher’s life courts will interpret it to mean par- have an Assistant Secretary for story is the story of America at its tial-birth abortion-on-demand. For Health. And it is important that we best. He eminently deserves the Sen- that reason, we must ask: Does politics make a judgment, which we will do to- ate’s overwhelming support and con- or science guide Dr. Satcher’s abortion morrow. I believe there will be strong firmation. February 9, 1998 CONGRESSIONAL RECORD — SENATE S481 Dr. Satcher learned his work ethic bat outbreaks of disease and protect Americans.’’ That challenge is a big early. As a young boy in rural Ala- public safety. Under Dr. Satcher, CDC part of the job of the Surgeon Gen- bama, he often rose before dawn to has implemented a strategy against eral—to translate scientific research work on his family’s farm before head- new and re-emerging infectious dis- into plain talk that the public can use ing off to his segregated school. In ad- ease, like tuberculosis, using better to improve their health. dition to helping on the farm, he surveillance and detection. In response Dr. Satcher’s nomination has re- worked after school and on weekends to recent food-poisoning incidents, Dr. ceived broad bipartisan support and is in the foundry where his father worked Satcher has been instrumental in de- endorsed by a large numbers of organi- for some 55 years. veloping a new early warning system zations, including medical societies His extraordinary ability was evident to deal with such illnesses. and all of the various groups I men- early. He did so well in high school Dr. Satcher has received numerous tioned earlier. Clearly, he has the cre- that he sometimes substituted for the honors and prizes, including the Watch dentials, the commitment and integ- school’s chemistry teacher and other Grassroots Award for Community Serv- rity to serve brilliantly as Surgeon teachers when they were ill. ice in 1979, the Human Relations Award Dr. Satcher rose above the poverty of the National Conference of Chris- General and as the Assistant Secretary and racism of his youth to become a tians and Jews in 1985, Founders’ for health. national public health leader. His early Award of Distinction of the Sickle Cell Mr. President, some of the critics commitment to his family, his edu- Disease Research Foundation in 1992 have raised questions about some of cation, and his community reflect the and the Martin Luther King Jr. Drum the particular issues, and I will respond best American values. Today, he is a Major for Justice Award in 1994. He was to some of those. Some critics of Dr. respected family doctor. He is a re- elected to the Institute of Medicine of Satcher have argued that he and CDC spected researcher and educator and the National Academy of Sciences for want to fund needle exchange programs public health leader. He is a role model his leadership skills in 1986; recognized that will increase the use of illegal for everyone, especially those from dis- again by the National Academy of drugs in the name of AIDS prevention. advantaged backgrounds. Sciences as being one of the outstand- It is preposterous to suggest that Dr. Before becoming the director of the ing leaders in health policy and for all Satcher would do anything to advocate Centers for Disease Control and Pre- of his leadership skills brought into the the use of illegal drugs. Use of illegal vention, Dr. Satcher was President of Academy of Sciences. We are fortunate drugs is wrong and is a major public Meharry Medical College in Nashville, to have this extraordinary human health problem and a major law en- the Nation’s largest private histori- being as a nominee. In 1996, he received forcement problem. The needle ex- cally black institution for educating the prestigious Dr. Nathan B. Davis change is a strategy for preventing the physicians, other health care profes- Award given to Presidential appointees spread of infectious diseases by provid- sionals, and medical researchers. for outstanding public service to ad- ing clean needles in exchange for old This is a nominee whose whole life vance the public health. ones. One to two million Americans in- has been committed to making health More recently, he received the James ject illegal drugs. Sharing of needles is better for fellow citizens, as an educa- D. Bruce Memorial Award for distin- a leading cause of AIDS transmission. tor, practicing physician, and as a guished contributions in preventive Approximately a third of all AIDS teacher. How fortunate we are to have medicine from the American College of cases are linked to drug use. For this nominee. physicians. And the list goes on: the women, 66 percent of all AIDS cases are Earlier in his career, before he served John Stearns Award for Lifetime caused by drug use or sex with partners as president of Meharry, he served as Achievement in Medicine from the New who inject drugs. More than half of the professor and chairman of the Depart- York Academy of Medicine, and the children with AIDS contracted the dis- ment of Community Medicine and Surgeon General’s Medallion for sig- ease from mothers who are drug users Family Practice at Morehouse School nificant and noteworthy contributions or their sexual partners. of Medicine in Atlanta. He served on to the health of the Nation. A report to Congress from Secretary the faculty of UCLA School of Medi- Dr. Satcher’s broad range of skills Shalala in February of 1997 concluded cine and the King/Drew Medical Center and experience and his strong commit- that needle exchange can be an effec- in Los Angeles, one of the top medical ment to improving public health make tive part of a strategy to prevent HIV teaching schools in the country. him well qualified to be the country’s and other blood-borne diseases. The For 5 years, Dr. Satcher ably led the principal official on health care and GAO, National Academy of Science, Centers for Disease Control and Pre- policy issue—America’s doctors. National Commission on AIDS, and the vention in Atlanta, the Federal agency Today, the public is constantly Congressional Office of Technology As- responsible for protecting the Nation’s bombarded with reports about new dis- sessment have all concluded that nee- health and preventing disease, injury eases from other parts of the world— dle exchange is an effective strategy. and premature death. from the Ebola virus to dengue fever to Despite the scientific and public sup- Dr. Satcher has many accomplish- Hong Kong flu to mad cow disease. Yet port for such programs, a congressional ments as director of the CDC. In 1992, there is no Surgeon General in office to ban on Federal funding of the program under his leadership, CDC developed educate the public about these threats is in effect unless the Secretary of HHS and implemented the extraordinarily and to dispel the widespread concern determines that certain conditions are successful childhood immunization ini- and fear about them. The public also met. These include a finding that the tiative. Before the initiative that was continues to be confused about rapid program is effective in reducing AIDS developed, only a little more than half changes in the health care system, es- transmission, and it has not encour- of the Nation’s children—55 percent— pecially on issues such as access and aged illegal drug use. were immunized. Today, it is 78 per- quality and cost and managed care. We cent. As a result, vaccine-preventable need a Surgeon General who can ad- Dr. Satcher is an eminent scientist. childhood diseases are now at record dress these challenges. He has recommended to Congress we lows. He has borne an important re- For more than three decades, the allow scientific studies to answer the sponsibility. There are others that Surgeon General has been effective in key questions involved with this issue. should share in those achievements, educating the public about the dangers Dr. Satcher supports Federal funding but Dr. Satcher was there and fighting of smoking. Now we know there are for research and evaluation of State and in a key position to make a very, those that don’t like that message and and local needle exchange programs to very important difference—and he has, take it out on the messenger, and we assess the effort. That is the extent of and he will. understand that. his position, to find out what the best Dr. Satcher has also led the CDC ef- At his hearing in the Senate Labor in terms of science is going to provide, forts to deal more effectively with in- Committee, Dr. Satcher said with typi- whether it does make a difference. fectious diseases and food-borne ill- cal eloquence that he would like to That sounds to me to be a very reason- nesses. We rely heavily on CDC to pro- ‘‘take the best science in the world and able and responsible position to have vide the rapid response needed to com- place it firmly within the grasp of all on that question. S482 CONGRESSIONAL RECORD — SENATE February 9, 1998

Some critics have alleged Dr. ASHCROFT was Governor of that State. study, which would remain a blind Satcher, as head of CDC, has been pro- He signed the papers. And as I under- study when treatment becomes avail- moting a pro-gun-control agenda. In re- stand it, the effort was made to con- able. ality, Dr. Satcher, through CDC’s Na- tinue at the time when they were going My question is: Is it possible that a tional Center for Injury Prevention and to halt this study. study that is based on epidemiological Control, is simply carrying out a con- Mr. ASHCROFT. Will the Senator and statistical value would have that gressional mandate to collect data re- yield? value and be appropriate until such lating to all types of injuries that Mr. KENNEDY. Briefly. time as maintenance of a blind study occur outside the workplace, including Mr. ASHCROFT. Does the Senator would be in a position to deprive indi- those caused by motor vehicle acci- purport to know when those papers viduals of care which had recently been dents, fires, and firearms. were signed and what the condition of developed. President Bush established the Na- AIDS research was at the time? Mr. KENNEDY. Senator, you will be tional Center for Injury Prevention and I think the Senator indicated that able to explain it when we put it into Control in the hope that just as the the Governor of Missouri had signed the RECORD. Federal highway fatality reporting sys- papers, I take it, personally signed pa- This study was stopped by Dr. tem helps to reduce unintended death pers in this respect; is that correct? Satcher for some of the reasons that from automobile accidents, better in- Mr. KENNEDY. It is my understand- you are just mentioning at the present formation about other injuries would ing, that these papers were approved time. lead to better education and prevention either by the Governors of the States The point I was making here is that programs. Recent public service cam- or their Administrators and that you I listened to your very eloquent state- paigns have focused on such injury pre- signed for your state. ment and criticism of this kind of a vention strategies, especially chil- Mr. ASHCROFT. Does the Senator study last week, and then in the prepa- dren’s safety, bicycle safety, seatbelt have a copy of that? ration for this debate found out, to my use, watercraft safety. Mr. KENNEDY. I will make it avail- surprise, when it was initially proposed Preventing violence is a public able later on this afternoon. that your Administration signed on for health issue and a criminal justice Mr. ASHCROFT. Do you know what it for the State of Missouri. issue. Thirty-eight thousand Ameri- date it was in which that study was Now, I am sure there are other cans were killed with firearms in 1994; commenced? changes, perhaps, that were brought 17,800 were homicides, 18,700 were sui- Mr. KENNEDY. As I understand, the about while you were Governor. That is cides, and 1,300 were caused by uninten- way it was represented to me, when fine. Whatever explanation you have on tional discharge of a firearm. Approxi- you were Governor. it—and maybe you were critical of it at mately 100,000 citizens are treated in Mr. ASHCROFT. The Senator from the time that you received it. hospital emergency rooms each year Missouri had the privilege of being My information from the DHHS is for nonfatal firearm injuries. Governor for a period of time that that your Administration signed it and The budget of the Center for Injury spanned 8 years, and during that time that you never expressed any criticism Prevention and Control amounts to $49 there were substantial changes made in of it at the time that you were Gov- million a year or 2 percent of the over- terms of the known treatments for ernor, and that Dr. Satcher eventually all CDC budget of $2.5 billion. Of the $49 AIDS. Since that time there have been halted it. million, only $7.5 million is spent on substantial changes made, not the I may be wrong in that series of time research concerning youth violence, least of which is the O76 regimen for line, but that, at least, is my under- and less than 11 percent of that deals AZT treatment of newborns and ex- standing. with firearm-related violence. pectant mothers. Mr. ASHCROFT. I guess I will have Even that is enough, listening to the Do you know whether or not at the an opportunity to respond, but my speeches in opposition to Dr. Satcher— time of this alleged signature by the point is that it may be appropriate to a center set up by a Republican Presi- then Governor of Missouri that treat- do blind studies when there is no dent, that has these broad responsibil- ment was known and had been proven known therapy, but when a therapy is ities, and people are flyspecking that and had been developed? discovered, like it was in 1994, a year there will be less than $1 million and, Mr. KENNEDY. I don’t believe just after I left the Governor’s office, then therefore, somehow he is going to vio- from personal knowledge that it was, it would be incumbent upon one seek- late second amendment rights. but I will provide the papers during the ing to protect the health of the chil- Injuries resulting from violence are course of the debate with regard to this dren to identify the children and pro- preventable. CDC’s purpose is to save particular program which the Senator vide the information to those children. lives. Firearm injuries have a huge im- is familiar with because he has criti- So I look forward to the opportunity pact on public health. We cannot ig- cized it quite extensively. But it has and I look forward to seeing the docu- nore the issue. Instead of criticizing been represented to me by the Depart- ments that you would present purport- Dr. Satcher’s efforts as a public health ment that this program was put in ing to bear my signature approving leader to address this serious problem, place while you were Governor. If you those studies. I would be interested to we should condemn the attempts by tell me it was not, I am willing to ac- see those documents. I ask that you the National Rifle Association to shut cept that, but I have been informed it please provide them. down this important aspect of research was. Mr. KENNEDY. Fine. I will make into the causes and the prevention of I was not aware that you had been every effort to provide them this after- injury. critical of it prior to the time that we noon. Are you questioning whether you Now, critics have also charged that had Dr. Satcher’s nomination—or were did OK it for the State of Missouri, or Dr. Satcher, as CDC director, con- critical of it at the time it was in place not, just so I have an understanding? ducted HIV studies on newborns and al- in Missouri, but all I am saying is you Mr. ASHCROFT. I would be very in- lowed them to be sent home without or your Administration signed the terested in seeing my signature on the informing parents of the HIV status of paper for these studies which you have document. More importantly, the point their children. This survey was part of been critical of and I want them in the is this: There are times when it’s ap- the Nation’s effort to obtain more in- RECORD. I think you obviously will propriate to have a study and not pro- formation on the spread of HIV in var- make whatever comment you want in vide notice. But when it becomes clear ious populations. The survey was im- interpreting it. that there are therapies available and plemented through State and local Mr. ASHCROFT. I ask the Senator if to persist in the studies without pro- health departments with support from developments in the technology which viding notice, that changes the whole CDC. make treatment available at some dynamic. I think this is an essential In fact, the survey, which was initi- time subsequent to the commencement and critical fact that hasn’t appeared ated under President Bush, was imple- of the study and subsequent to my in your analysis and maybe hasn’t ap- mented in 45 States, including the time as Governor might change wheth- peared adequately in mine. So I will be State of Missouri, when Senator er or not you should continue with the pleased to discuss it, because the 1994 February 9, 1998 CONGRESSIONAL RECORD — SENATE S483 discovery of the AZT regimen, which bearing age became available in Sep- goes into analyzing just about all of cut by two-thirds the incidence of HIV tember of 1997. Dr. Satcher rec- them. I urge my colleagues who are virus cases that otherwise would occur, ommended that the study be formally having any questions about it, take the changes the dynamics. terminated, and HHS agreed. time, and I will include it in the That brought the issue to the atten- Some in the scientific community RECORD. tion of the Congress, and the Congress have questioned the surveys. Dr. I ask unanimous consent that Dr. forced the cessation of the studies on Satcher’s opponents cite the opposition Sullivan’s letter be printed in the the part of Dr. Satcher. He lobbied of Dr. Arthur Ammann, the Professor RECORD. against ceasing the studies even in of Pediatrics of the University of Cali- There being no objection, the letter light of that. fornia Medical Center in San Fran- was ordered to be printed in the I thank the Senator. cisco. These clinical trials are support RECORD, as follows: Mr. KENNEDY. Well, I certainly for their opposition. They ignore the MOREHOUSE SCHOOL agree with the Senator that at the fact that Dr. Ammann has endorsed Dr. OF MEDICINE, time when you have this kind of Satcher. Atlanta, GA, October 29, 1997. progress made for alternative rem- I ask unanimous consent that a let- Hon. TRENT LOTT edies, there has to be full notification. ter to Senator LOTT from Dr. Ammann U.S. Senate, Russell Senate Office Building, Washington, DC. The point that I also mention is that be printed in the RECORD. DEAR TRENT: I enthusiastically support the Dr. Satcher halted the studies. There being no objection, the letter nomination of David Satcher, M.D., for the Mr. ASHCROFT. If the Senator will was ordered to be printed in the positions of Surgeon General and Assistant yield, are you aware of the fact that RECORD, as follows: Secretary for Health of the Department of after the new therapy was available DEPARTMENT OF PEDIATRICS, Health and Human Services. and the Senate and the House began to UNIVERSITY OF CALIFORNIA, In light of the recent debate about issues debate this issue, even in the face of San Rafael, CA, February 4, 1998. regarding his nomination, I wish to commu- the new therapy and in the face of the Hon. TRENT LOTT, nicate with you my experience with, and informed consent laws, Dr. Satcher Majority Leader, U.S. Senate, opinion of, David Satcher. I have known David for over twenty-five years, and I can came to the Congress to lobby Mem- The Capitol, Washington, DC. DEAR SENATOR LOTT: It is my understand- state unequivocally that he is a physician bers of the Congress against stopping ing that my objections to the HIV and scientist of integrity, conviction, and the studies? seroprevalence study once conducted by the commitment. As Surgeon General and As- Mr. KENNEDY. I am familiar that he Centers for Disease Control and Prevention sistant Secretary for Health, I know that came with others on that. I think it is (CDC) are being used as an argument against David has no intention of using these posi- an open question whether he was lob- the confirmation of Dr. David Satcher. This tions to promote issues related to abortion bying for the continuation or not. is taking my position totally out of its con- or any other political agenda. He has worked Mr. President, this survey went on, text and is not an argument I would support. throughout his career to focus on health as I mentioned, in 45 States. It began I believe that the study was initiated long issues that unite Americans—not divide before Dr. Satcher’s arrival at the CDC. them. at a time when little was known about When I initially raised my objections to the I first met David Satcher in the early the impact of HIV on women and their study, I felt that Dr. Satcher and Dr. Phillip 1970’s when he served as the Director of the children. Studies were carried on to Lee (then assistant secretary for health) King-Draw Sickle Cell Center in Los Ange- check for the presence of antibodies to gave me a full and fair hearing, and I was les, California and I was the Director of the HIV in newborns. The presence of such very satisfied with the meeting we had. Boston University Sickle Cell Center. I also antibodies could indicate that a moth- I know David Satcher, and I believe he has had the opportunity to work with David dur- er has the HIV virus and the child has the interests of all people, including children ing my first tenure as President and Dean of been exposed to the virus. Approxi- with HIV, close to his heart. I support his the Morehouse School of Medicine in the late nomination fully, and I would urge that you 1970’s, before I served as Secretary of the De- mately 25 percent of the children ex- and your colleagues vote to confirm him. partment of Health and Human Services, posed to HIV by mothers developed Sincerely, from March 1989 to January 1993. While at HIV infection, too. ARTHUR AMMANN, M.D., Morehouse School of Medicine, David worked They were carried out by using blood Adjunct Professor. on my faculty as the Chairman of Commu- samples left over from other proce- Mr. KENNEDY. Dr. Wolfe raised nity Medicine and Family Practice. He dures, which otherwise would have some questions about ethical issues brought a wealth of experience in patient been discarded. The samples could not about the studies in Africa, and then care, health policy, education and research be identified as coming from specific we find Members of the Senate using to this critical post. Dr. Satcher has devoted his entire career individuals because the identifying in- his kind of statements and representa- to mainstream efforts to improve the health formation had been removed to protect tions and saying, isn’t this horrible, of the American people. He has a long his- confidentiality. shouldn’t we oppose it? And Dr. Wolfe tory of promoting messages of abstinence At the time, because AIDS was so is supporting Dr. Satcher. Then we and responsible behavior to our youth. As a poorly understood, CDC decided to sur- have these studies and hear Dr. physician, manager, and public health lead- vey newborns as a group to learn more Ammann quoted here about how Dr. er, David is a man of tremendous commit- about the level of AIDS in particular Ammann himself was very much in- ment and dedication to the health of our communities at the time. Science of- citizens. volved in interacting with Dr. Satcher. I strongly support Dr. David Satcher. I am fered no treatment for the newborns. He indicated his full and complete sup- hopeful that the Senate will act swiftly to The goal was to obtain information as port for the nominee despite his con- confirm him as Surgeon General and Assist- quickly as possible about the preva- cerns about these surveys. He stated, ant Secretary for Health. lence of HIV in each population so that ‘‘I support the nominee.’’ Sincerely, the resources could be targeted quickly We have heard it said considerable LOUIS W. SULLIVAN, M.D., and effectively. The survey adhered to times over the past few days that these President. the ethical principles, was approved by issues were never raised in the commit- Mr. KENNEDY. Dr. Sullivan goes the Office of Protection From Research tee hearings. Dr. Satcher has the cre- through the studies and regimens and and Risk at NIH, the Institute of Medi- dentials, integrity, and commitment to deals with those in a very responsible cine. The Academy of Sciences also be Surgeon General and Assistant Sec- way—I would say we could call it an agreed with using this well-established retary for Health, and he really is out- unbiased way. He has been the head of approach. No infants known to be HIV standing. the whole department, HHS, under a positive were sent home without paren- I mentioned the other day, Mr. Presi- Republican administration. He has tal notification. The information in the dent, we have the extraordinary letter known this man for a lifetime, and he surveys was used by communities for of support from Dr. Sullivan, who was has heard all of the charges we have education screening and treatment. the Secretary of HEW, a Republican heard last week. He discusses them and In 1995, the survey ended when a com- under the previous administration, who provides strong support for Dr. bination of treatment options for in- is familiar with these various kinds of Satcher. It is a very, very powerful let- fants with HIV and better ways to issues that are being raised and consid- ter. I won’t take the time of the Senate monitor HIV trends in women of child- ered here on the floor of the Senate. He now to go through the letter. It is a S484 CONGRESSIONAL RECORD — SENATE February 9, 1998 very important letter, which I hope our World Health Organization and the de- are enthusiastic about Dr. Satcher. It colleagues will consider. veloping countries had urgently re- isn’t that they reached a different con- Now, Mr. President, there are other quested help from CDC and NIH in de- clusion with regard to this but they issues. I would like to briefly address signing and conducting these trials. also respected the process Dr. Satcher the AZT trials. Some of our colleagues Before patients were enrolled in the followed. have questioned Dr. Satcher’s support clinical trials, they were specifically Again, this was not an issue during for clinical trials of the drug AZT in informed of their AIDS status. They the confirmation hearings, not that we foreign countries as part of the inter- were specifically counseled about the should be restricted from talking about national public health effort to stop risks and benefits of participation, in- it. But it is something that we wel- the epidemic of mother-to-infant trans- cluding the fact that they might be in come the opportunity to try to respond mission of the AIDS virus. a study group that received a placebo to. Every day, more than 1,000 babies in instead of an experimental AZT Some colleagues have also ques- developing countries are born infected antivirus drug. I think that is an enor- tioned Dr. Satcher’s views with regard with HIV. Clinical trials in the United mously important responsibility, that to abortion. Again, this was an issue States in 1994 showed that it is possible full information is available and that during Dr. Satcher’s confirmation to reduce mother-to-infant trans- those who are participating in these hearing. But some Senators appear mission of HIV by administering AZT various regimens have a full under- eager to use the controversial and un- during pregnancy, labor and delivery. standing of the risks. There is no indi- constitutional Partial-Birth Abortion It was obvious, however, that such cation that they did not. The best we Ban Act to attach his credibility. Dr. Satcher believes—as do most treatment would not be feasible in de- have heard from those opposed to Dr. Americans—that abortions should be veloping countries. It is too expensive Satcher is anecdotal kinds of informa- safe, legal and rare. His position re- and requires ongoing therapy, includ- tion. But we never heard that prior to flects 25 years of medical experience ing intravenous administration of AZT, the time that we had this opposition on which is not possible in remote areas. and is entirely consistent with Su- the floor of the Senate to his nomina- preme Court decisions. It also prohibits breastfeeding, which tion. the various populations that were the In fact, Dr. Satcher supports a ban on As a practical matter, the only AZT most late-term abortions. He believes most at risk were following. Thus, the treatment available to any women in standard treatment in the United that ‘‘if there are risks for severe these developing countries is the treat- health consequences for the mother, States termed the ‘‘076 Regimen,’’ was ment provided to participants in the not a feasible option for the developing then the decision [to have an abortion] study. should not be made by the government, countries. Ethics Committees in both the Dr. Satcher could have washed his but by the woman in conjunction with United States and developing countries her family and physician.’’ Dr. hands of the whole matter, but he conducted continuous, rigorous ethical didn’t. He felt he could help. A group of Satcher’s position on this issue is reviews of the trials. The committees shared by the American College of Ob- international experts convened by the are made up of medical scientists, World Health Organization in June 1994 stetricians and Gynecologists, the ethicists, social scientists, members of American Medical Women’s Associa- recommended research to develop a the clergy, and people with HIV. The simpler, less costly treatment. Re- tion, the American Nurses Association, role of these committees guaranteed sponding to the urgent need, the Cen- and the American Public Health Asso- that the trials conform to strict ethi- ters for Disease Control and Preven- ciation. cal guidelines for biomedical research, tion, the National Institutes of Health, Some of our Republican colleagues including the Declaration of Helsinki the World Health Organization, and have raised this issue in an attempt to and the International Ethical Guide- other international experts worked defeat a supremely qualified nominee. lines for Biomedical Research involv- closely with scientists from developing They point out that Dr. Satcher’s posi- ing human subjects. countries to find treatment that is fea- tion on this issue is at odds with the Even those within the scientific com- sible for use in these countries and position of the American Medical Asso- munity who have raised the concerns that can reduce the devastating toll of ciation—but what our Republican col- about these trials, such as Dr. Sidney HIV on their children. leagues don’t point out is that the In cooperation with experts and lead- Wolfe, director of Public Citizen’s AMA has unequivocally endorsed Dr. ers from countries where the studies Health Research Group, have expressed Satcher’s nomination. were to be conducted and with careful their support for Dr. Satcher’s nomina- I ask unanimous consent that the input from ethical committees, it was tion. Dr. Wolfe has said that he thinks letter of endorsement from the AMA recommended that placebo-controlled Dr. Satcher will ‘‘make an excellent may be printed in the RECORD. trials offer the best option for a rapid Surgeon General.’’ There being no objection, the mate- and scientifically valid assessment of Dr. George Annas and Dr. Michael rial was ordered to be printed in the alternative treatments to prevent Grodin of Boston University’s School RECORD, as follows: mother-to-infant transmission of HIV. of Public Health have stated, ‘‘While it AMERICAN MEDICAL ASSOCIATION, The decision to go forward with the is true that we have expressed concern Chicago, IL, September 15, 1997. trials was carefully made by the coun- regarding the U.S.-sponsored trials in The Hon. EDWARD M. KENNEDY, U.S. Senate, tries themselves and by the inter- Africa, it is also true we strongly sup- port Dr. Satcher’s nomination as Sur- Washington, DC. national medical research community. DEAR SENATOR KENNEDY: The American They did so because it was the only ap- geon General.’’ Medical Association (AMA) enthusiastically proach that could be expected to These judgments that are made on supports your nomination of David Satcher, produce a sufficiently clear response, these ethical issues are complex, and it MD, for the position of Surgeon General and in a reasonable time period, to the is very difficult to get virtual uniform- Assistant Secretary for Health of the U.S. questions that had to be answered ity on some of them, particularly when Public Health Service. As Surgeon General they are at the cutting edge of various and Assistant Secretary for Health, Dr. about safety and effectiveness of an al- Satcher will serve as a national advocate for ternative treatment in the developing kinds of research. We understand that is part of the debate on these issues. public health and a trusted advisor to you world. and Secretary Shalala on critical health pol- The point is made that they might But to those who have expressed a dif- icy issues. have followed a different experimental fering opinion regarding the various Dr. Satcher has the expertise and talent to design or a different regimen and could studies, even though every effort was do an excellent job in this dual position. He have gotten the outcomes, perhaps not made to go through the various regi- will bring to the office a wealth of experi- quite as accurate, but fairly accurate, mens to make sure they adhere to ethi- ence in both the private and public sector. cal standards—and I believe, having Dr. Satcher’s distinguished career has been but it would have taken a good deal broad in scope and deep in experience, in- longer to receive the outcomes if they gone through this in great detail my- cluding work in patient care, health care had not used a placebo. self that it certainly meets all of those policy, education and research. He is a physi- Dr. Satcher has acted entirely ethi- standards—but the ones that have ex- cian, manager and outstanding public health cally and responsibly on this issue. The pressed some reservation by and large leader. February 9, 1998 CONGRESSIONAL RECORD — SENATE S485 Under Dr. Satcher’s leadership at the Cen- their access to—and quality of—the health Mr. President, I could not agree ters for Disease Control and Prevention care they receive. more. Whoever occupies the position of (CDC), childhood immunization rates have As a family physician, medical educator Surgeon General can command Ameri- and public health leader, I have devoted my increased dramatically from 55 percent in ca’s attention. For example, we all 1992 to a record 78 percent in 1996. Dr. entire career to mainstream, consensus- Satcher also spearheaded CDC’s efforts to building efforts to improve the health of the know that in 1966, the Surgeon General significantly improve the nation’s ability to American people. I believe it would be unfair used that bully pulpit to warn Ameri- detect and respond to emerging infectious and inappropriate to have my nomination cans about the health dangers of ciga- diseases and foodborne illnesses. While at complicated at this time by an issue that has rette smoking. CDC, Dr. Satcher has emphasized the impor- little, if anything, to do with my background Although cigarette smoking contin- tance of prevention. Under his direction, or agenda for the future. ues to be a major problem in this coun- CDC released the first Surgeon General’s Re- I look forward to working with you to ad- try today, I don’t think there is anyone vance the health of the American people. port on Physical Activity and Health. Dr. who doubts that the Surgeon General Satcher appreciates the importance of effec- Sincerely, tively communicating to the public on DAVID SATCHER, M.D., Ph.D. using his bully pulpit in 1966 had a pro- found impact on public opinion and be- health-related issues. Mr. KENNEDY. Mr. President, this havior in this country. Through our work with Dr. Satcher over assurance has been enough to persuade And there are other serious public the years, the AMA has learned first hand many of our Republican colleagues to that he is a man of tremendous integrity and health problems confronting America— put this issue aside and support Dr. commitment to public health. We are proud challenges that cry out for a strong Satcher’s nomination. to highlight that in 1996 the AMA awarded voice—for a physician who will use the I see others who want to address the Dr. Satcher our most prestigious honor, the bully pulpit of the office of Surgeon Dr. Nathan B. Davis Award for his outstand- Senate. General to be a teacher, and to be a ing service to advance public health. I yield the floor. leader. The AMA strongly supports Dr. Satcher Mr. DEWINE addressed the Chair. and we are hopeful that the members of the The PRESIDING OFFICER. Who Mr. President, I would like to note in Labor and Human Resources Committee and yields time? this context that this nominee, Dr. the full Senate will act swiftly to confirm Mr. KENNEDY. I yield 5 minutes to Satcher, has promised that if he is con- Dr. Satcher as Surgeon General and Assist- the Senator from Ohio. firmed, he will not—he will not—use ant Secretary for Health. the bully pulpit of his office to promote Sincerely, The PRESIDING OFFICER. The Sen- ator from Ohio is recognized. partial-birth abortion. P. JOHN SEWARD, MD, He has been very clear about that. Executive Vice President. Mr. DEWINE. I thank my colleague We need a Surgeon General. There Mr. KENNEDY. Mr. President, in ad- from Massachusetts. Although cigarette smoking contin- may well be important challenges out dition, Dr. Satcher emphatically stated there that we don’t yet know about. on October 28, 1997, in a letter to Sen- ues to be a major problem in this coun- try today, I don’t think there is anyone Who knows what public health threats ator FRIST, chairman of the Sub- might emerge in the next 6 months, or committee on Public Health and Safe- who doubts that the Surgeon General using his bully pulpit in 1966 had a pro- 12 months, or 2 years? ty, ‘‘I have no intention of using the Mr. President, we need somebody on positions of Assistant Secretary for found impact on public opinion and be- havior in this country. the job. That is why, while I cannot Health and Surgeon General to pro- support this nominee, I cannot in good mote issues related to abortion.’’ Mr. President, the nomination of Dr. David Satcher poses a difficult problem conscience vote to delay the filling of I ask unanimous consent that this this position. letter from Dr. Satcher to Senator for those of us who oppose the proce- dure known as partial-birth abortion. Consequently, I will vote in favor of FRIST may be printed in the RECORD. cloture on this nomination. But it’s There being no objection, the mate- The vast majority of Americans agree that it is a barbaric process and proce- time to move forward with this matter, rial was ordered to be printed in the it is time to have a vote on this nomi- RECORD, as follows: dure. As our distinguished colleague, the senior Senator from New York, has nee. OCTOBER 28, 1997. pointed out, it is disturbingly close to If Dr. Satcher is then in fact con- The Hon. WILLIAM H. FRIST, firmed, we should extend all possible Chairman, Subcommittee on Public Health and infanticide. As a matter of conscience, Mr. Presi- cooperation to him, as he undertakes Safety, Committee on Labor and Human Re- what is a very important task for the sources, U.S. Senate, Washington, DC. dent, I cannot support a nominee for RIST DEAR SENATOR FRIST: I appreciate the sup- the position of Surgeon General—in es- American people. Senator F says port you gave me in the Committee on Labor sence, America’s chief doctor—who is a Dr. Satcher is, and I quote, ‘‘an accom- and Human Resources meeting for my nomi- defender of this procedure. plished researcher with a long and nation to be Assistant Secretary for Health That, Mr. President, is why I will truly distinguished record in promot- and Surgeon General. I was surprised and vote no on this nomination. While I ing public health’’ and ‘‘will reclaim disappointed, however, to learn of the discus- the integrity historically associated sion that took place during the Committee suppose it would be unrealistic for any of us to hope this administration would with the position of Surgeon General.’’ meeting. The discussion about abortion is an Mr. President, if the nominee is suc- issue that was not raised during my hearing send us a pro-life nominee for Surgeon before the Committee. I would like to take General, I don’t think it’s too much to cessful, I wish him well in the difficult this opportunity to set the record straight ask that their nominee oppose this par- and very important task facing him about my focus and priorities if I am con- ticularly brutal procedure of partial- and facing the country. firmed for these important positions. birth abortion. Mr. President, I yield the floor. Let me state unequivocally that I have no But we are now left, Mr. President, The PRESIDING OFFICER. Who intention of using the positions of Assistant yields time? Secretary for Health and Surgeon General to with the compellingly serious problem of a three-year vacancy at the post of Mr. KENNEDY. Mr. President, I yield promote issues related to abortion. I share to the Senator from Georgia. no one’s political agenda and I want to use Surgeon General. The Surgeon General The PRESIDING OFFICER. The Sen- the power of these positions to focus on is our number one public health offi- issues that unite Amercians—not divide cial—the only doctor who can com- ator from Georgia is recognized. them. mand the national bully pulpit to alert Mr. CLELAND. I thank the Presi- If I am confirmed by the Senate, I will America to public health threats. This dent, and I thank the Senator from strongly promote a message of abstinence is a very important position. As our Massachusetts for yielding to me time and responsibility to our youth, which I be- to speak. distinguished colleague, Dr. FRIST, has lieve can help to reduce the number of abor- Mr. President, I am here today to said, and I quote: tions in our country. I will also work to en- convey my enthusiastic support for the sure that every child has a healthy start in A Surgeon General brings national and nomination of Dr. David Satcher for life. I will encourage the American people to international recognition to public health adopt healthy lifestyles, including physical problems. Their expertise and credibility as the positions of U.S. Surgeon General activity and diet. And I will try to help the well as a national forum can bring life-sav- and Assistant Secretary of Health. American people make sense of a changing ing attention to issues Americans may not The job of Surgeon General is to health care system, so they can maximize otherwise hear. serve as a defender of public health and S486 CONGRESSIONAL RECORD — SENATE February 9, 1998 safety and bring important health I believe that Dr. David Satcher’s formative, and his presentation before issues to the forefront of public aware- strong background in public health the Labor and Human Resources Com- ness. I regret the long vacancy that has matters, his dedication and unques- mittee on which I sit was also one of existed in the position of U.S. Surgeon tionable commitment to the practice cordiality and civility. But, Mr. Presi- General and I implore the Senate to of medicine, and his strong and sen- dent, those are not just the qualifica- support the nomination of Dr. David sible opinions on health issues make tions for someone to occupy the posi- Satcher and fill this long vacated seat him the ideal choice for the positions tion of Surgeon General. Cordiality and as expeditiously as possible. of Surgeon General and Assistant Sec- life experiences in the ability to be, as Dr. Satcher’s background reflects a retary of Health. Dr. Satcher will be a someone said and I have said on pre- strong emphasis on preventive medi- strong and forceful voice of the highest vious occasions, the Nation’s doctor cine and an intense care for our na- quality whom every American can look are important qualifications but there tion’s youth and underserved commu- to with respect and admiration. are other criteria by which I believe it nities. His expertise covers a wide I ask of my colleagues, what at- is important Members make the deter- range of medical fields, and I believe tributes could we possibly look for in a mination. I cannot speak for other Dr. Satcher will certainly be a strong Surgeon General that Dr. Satcher does Members. They can and will speak for voice for public health and medical not possess? He has dedicated himself themselves. However, I can state to the education. to bettering the human condition and Senate and to the people I represent For the past four years, Dr. Satcher has worked tirelessly to improve the why I intend to cast my vote tomorrow has directed the world renowned Cen- lives of people throughout this country in opposition to the nomination of Dr. ters for Disease Control and Preven- and the world. Through his work, Dr. Satcher. It is based on the committee tion, an agency located in my home Satcher has touched millions of people, hearings we have had. It is based on state of Georgia, which has 11 major and has made their lives better. We the answers to questions that I person- branches and worldwide responsibility. would be doing every American a great ally proposed to Dr. Satcher. My oppo- While at the CDC Dr. Satcher has disservice by denying the nation Dr. sition is based on his answers to some championed stepped-up immunization Satcher’s service as Surgeon General. of the questions I have raised during drives, spearheading initiatives that To quote an editorial from the Atlanta meetings which I have conducted in my have increased childhood immuniza- Constitution, Dr. Satcher ‘‘is the right office. Other Members have spoken on tion rates from 55% in 1992 to 78% in man at the right time for these two po- issues that have been of concern to 1996 while simultaneously reducing sitions, and the Senate, which must me—his involvement and his role in vaccine-preventable disease to the low- confirm him, should recognize that.’’ the AIDS trials in Africa, his support est rates in U.S. history. In addition, Mr. President, I yield the floor. for needle exchange programs, his in- Dr. Satcher has boosted programs to The PRESIDING OFFICER (Mr. ability to state clearly the relative im- screen for cancer, upgraded the na- ASHCROFT). Who yields time? portance of abstinence by children and tion’s capability to respond to emerg- Mr. COATS. Mr. President, I yield avoiding drug use by teens. ing infectious diseases and laid the myself such time as I may consume. I will leave further details of those groundwork for a new Early Warning The PRESIDING OFFICER. The Sen- issues to others. The Senator from Mis- System to detect and prevent food- ator from Indiana is recognized. souri has already touched on some of borne illnesses. Mr. COATS. Mr. President, I thank those, as have others. Each of those Throughout his career Dr. Satcher you for trading places with me so that matters could be potentially disquali- has worked in patient care, health care I could come down and make remarks fying. The accumulation of those mat- policy development and planning, edu- regarding the nomination. ters could be disqualifying. But for me cation, research, health professions First of all, I want to commend the ultimately my opposition to the nomi- education, and family medicine. He is a Senator for conducting what I think is nee is based on his support for a prac- physician, scholar and a public health an informative and factual and civil tice that I consider indefensible, par- leader of national stature and has re- debate on this very important nomina- tial-birth abortion, a practice which we ceived broad support from the medical tion. now know is brutal killing of a living community. In 1986, Dr. Satcher was We have over the past several years child who has been partially delivered elected to the Institute of Medicine of had some very controversial Surgeon from the mother. the National Academy of Sciences in General discussions and debates on this Some have claimed that the nominee recognition of his leadership skills. In floor. The previous Surgeon General, has not in fact stated that he opposes 1996, he received the prestigious Dr. Joycelyn Elders, was controversial, to legislation to ban this practice, and he Nathan B. Davis Award from the Amer- say the least, and resigned after one of made that statement to me. But I need ican Medical Association for outstand- her more controversial actions. Then, to read from the following exchange of ing service to advance the public subsequent to that, one of the nomi- the nominee with my office as was health. Dr. Satcher has also received nees for that position failed to achieve printed in the hearing record and avail- the American College of Physicians’ majority support in the U.S. Senate able on the committee’s web site. James D. Bruce Memorial Award for and withdrew his name. So that is the Mr. COATS. Please indicate, Dr. Satcher, distinguished contributions in preven- position that has been open for some whether you support the President’s recent tive medicine, the New York Academy time. veto of legislation regulating partial-birth of Medicine’s John Stearns Award for Earlier, Mr. President, a speaker on abortion. Lifetime Achievement in Medicine, and the floor said that those who oppose Dr. Satcher’s brief but critical reply: the National Conference of Christians this nomination never mentioned the I support the President’s position. and Jews’ Human Relations Award. experience and the qualifications and Mr. President, I cannot support These are awards given by Dr. the life experiences of Dr. Satcher—his someone who supports that position. Satcher’s colleagues, experts in the help for children, women, and the poor Some have claimed that they expect fields of medicine and health, who have and disadvantaged. That is not true, at the nominee won’t do anything to fur- decided among themselves to praise Dr. least in my experience, having been in ther advance the President’s position Satcher and acknowledge his outstand- the Chair for the last hour and a half. on this question. But it is precisely on ing service and significant contribu- I think each speaker I have heard has a matter so crucial to defining who we tions to the health field. acknowledged Dr. Satcher’s fairly re- are as a nation and who we are as a As Americans we look toward the Su- markable life experience in terms of people that I expect, and the qualifying preme Court justices as a strong na- providing help to people; in terms of criteria for me, is that our Nation’s tional voice for the cause of justice. We dedicating his life to advancing the doctor show some independence and in- look toward our priests, rabbis and cause of medicine. He is an engaging tegrity on this question. I can under- ministers for spiritual guidance. The person. He is a fine person with a his- stand why a nominee feels compelled people of this great nation deserve a tory of achievements at the institu- to ‘‘support the President’s position.’’ strong and respected voice on the issue tions for which he has worked. But this is a matter of such fundamen- of health, an issue that affects every My personal meetings with him in tal importance, of such defining impor- single American without exception. my office have been cordial and in- tance that I believe each has to speak February 9, 1998 CONGRESSIONAL RECORD — SENATE S487 their own moral conscience on the Mr. ASHCROFT. Reserving the right warning the public of the risks of to- matter and come to their own conclu- to object, the proponents have been on bacco use. sion regardless of the political con- the floor for quite some time. Does the In the 1980s, it was Surgeon General sequences or any other implications. Senator know how much time will be C. Everett Koop who did so much to Whether or not you will be an advo- consumed for the two? put this issue back on the front burner cate or not an advocate for a position Mr. KENNEDY. I think the Senator of public opinion. is not the criteria. The question is, from South Dakota indicated 6 or 7 I don’t think that there is any ques- what is your position on this, the most minutes; 5 minutes? tion about the fact that one of the critical of all and the most defining of Mr. ASHCROFT. No objection. most important legacies of the Office all issues, the issue of life itself. By The PRESIDING OFFICER. Without of Surgeon General over the last 35 supporting a procedure that I person- objection, the Senator from Utah is years is the great contribution that ally consider infanticide, this nominee recognized. these officials have played in signifi- has in fact joined forces with those who Mr. HATCH. Mr. President, as I said, cantly cutting down the number of would create questions about whether I have listened with care to the argu- Americans who use tobacco products to or not that is the case, who supports ments made today in opposition to the about 25 percent of the population. without qualification a radical proce- nomination of Dr. David Satcher for But 25 percent is still too high be- the position of Surgeon General of the dure that is not justifiable in any case cause it results in an estimated 400,000 United States Public Health Service except to save the life of the mother, premature deaths annually and runs up and Assistant Secretary for Health, and we have heard testimony from wit- billions in extra health care costs. and I feel compelled to rise again in In my view, we must have a Surgeon ness after witness, medical provider support of this nominee. General who is able to communicate ef- after medical provider, expert after ex- Let me make perfectly clear that I do fectively with the American people pert, that it has never been the case not agree with all of Dr. Satcher’s posi- about the risks of tobacco use. that it is necessary to utilize the pro- tions. I do not agree with all of the po- On the Today Show last Friday cedure of partial-birth abortion to save sitions, indeed with many of the posi- morning, former Surgeon General the life of the mother. tions, of the Administration he will Koop—a strong supporter of Dr. It is a grotesque practice. It has been represent. Satcher—pointed out that in the years described in this Chamber. It is not jus- But, on balance, my overriding con- since the Office of Surgeon General has tifiable for any medical reasons, and sideration, after having spoken exten- been vacant, certain types of youth to- yet that is the reason why it is defined sively with Dr. Satcher, is my convic- bacco use have gone up about 4 per- here. tion that he has exemplary qualifica- cent. Mr. President, we need a Nation’s tions and experiences that will enable It just seems to me that it is critical doctor who unequivocally stands for, him to hold this important office with at this time to have in office a Surgeon speaks for, advocates life itself, the sa- great distinction. General who can lead the Govern- credness of life itself and who will not I know that others, like my friend ment’s anti-tobacco use efforts. hedge that qualification with an an- from Missouri, Senator ASHCROFT, and From his past efforts in this battle swer that simply says, I support the po- Senator COATS and others earnestly be- against smoking while at CDC—and sition of the President. Whether that lieve that Dr. Satcher should not be from my personal conversations with person privately supports that position confirmed as Surgeon General. I re- him—I am convinced that Dr. David or not is irrelevant. That person is a spect their point of view, especially Satcher can be a major public figure in public figure. The Surgeon General is Senator ASHCROFT’s and Senator the country’s battle against tobacco the doctor to whom the Nation looks COATS’ point of view. I believe they use. for advice and counsel on medical mat- have raised some necessary questions No one is saying that a policy of pro- ters. He speaks, he advocates for those for the nominee to answer. hibition for tobacco would be workable. issues, and that someone says on this The debate over this nomination has This makes it all the more important issue, I simply support the President’s focused on important issues of public that public opinion leaders, like the position, is unacceptable to this Sen- policy such as partial birth abortion Surgeon General, be able to commu- ator because the President’s position is and the appropriate role of the United nicate the risks of tobacco use in a unacceptable to this Senator. States conduct of clinical trials in the fashion that convinces the public about So for that reason, Mr. President, I Third World. the benefits of stopping to use these oppose this nomination and intend to These are indeed serious issues wor- deadly products. do so when we vote tomorrow. thy of debate by this chamber. It is im- I think Dr. Satcher can play the role I yield the floor. portant for this body to know what the of public spokesman in an effective The PRESIDING OFFICER. The Sen- Surgeon General thinks about key fashion because, when the American ator from Utah. issues pertaining to the health of the people get to know him, he will have Mr. HATCH. Mr. President, I have American public and the health of our earned their respect and will listen to listened with great care to the argu- international neighbors. his advice of matters of public health. ments that have been made today and This year Congress has the oppor- While tobacco alone is critically im- in the past, on past days, in opposition tunity to pass historic public health portant, there are many other public to the nomination of Dr. David legislation that can protect our na- health issues that cry out for the na- Satcher. tion’s teenagers by materially reducing tional focus and leadership that a The PRESIDING OFFICER. If the the next generation of smokers. strong Surgeon General can provide. Senator will withhold for a moment, I If we accomplish this—and I think we In many respects, we are at a critical would like to find out who yields time should because each day 3,000 young juncture in the battle against HIV to the Senator? people begin to smoke and ultimately transmission and other sexually trans- Mr. HATCH. I am sorry. Will the Sen- 1,000 will die early from smoking relat- mitted diseases. Fortunately, the lat- ator from Massachusetts yield some ed diseases—a portion of this success est triple combination therapies have time to me? must be attributed to the involvement shown—at least in the short run—great Mr. KENNEDY. Could I ask how past Surgeons Generals. promise in combating the progression much time remains? In 1964, it was Surgeon General Lu- of the AIDS virus. The PRESIDING OFFICER. The Sen- ther Terry who first reported to Ameri- But, unfortunately, this may lead ator from Massachusetts has 1 hour cans that smoking is a major cause of some people to conclude falsely that and 58 minutes remaining. disease. Frankly, it was this Surgeon’s HIV has been cured or is at least not Mr. KENNEDY. Yes, I yield such General report that did as much as dangerous, or not very dangerous. time as the Senator requires, and then anything that set the course that This may lead some young people to could I ask consent that the Senator places us on the verge of this historic engage in sexual behaviors and drug from South Dakota be recognized after legislation. abuse behaviors that not only are mor- the Senator from Utah, for whatever Since 1964, all succeeding Surgeons ally troublesome, but can be poten- time he requires? General have played an active role in tially lethal. S488 CONGRESSIONAL RECORD — SENATE February 9, 1998 In this regard, there are some recent approved and those Senators became pletely opposing views on abortion, indications that certain types of sexu- some of his strongest supporters share the view that the Surgeon Gen- ally transmitted disease are once again through the years. eral’s post is not the place to press the on the rise. I agree with Dr. Koop’s oft-repeated public debate on this contentious issue. We need a strong Surgeon General to statement that the job title is Surgeon Given his public assurances—which help teach our citizens, and particu- General of the Public Health Service, have been butressed by my private con- larly our young citizens, that absti- not chaplain of the Public Health Serv- versations with the nominee—I am sat- nence from promiscuous sexual behav- ice. isfied that Dr. Satcher can effectively ior and illicit drugs is good for your I think that history will judge that I help set the public health agenda of health. was correct in my assessment that Dr. this country and can do it in a way I am pleased that Dr. Satcher has a Koop was the right man for the job. I that perhaps no other person at this strong track record in getting this know that many who voted against time can. I think it is time to get this message out—and as a long time health him now agree that Dr. Koop was an position filled and I think he will do a educator he knows how to get this mes- outstanding Surgeon General. great job in it, and I intend to see that sage out in a way that young people It is somewhat ironic that one of the he does. will listen to. And given his long record issues raised in the Koop confirmation I also recognize that a lot of this de- of involvement as a health leader with has also been raised in the Satcher con- bate has focused on the question of cer- special ties to those in the minority firmation. tain AZT trials co-sponsored by CDC community—from his work at More- That matter is abortion, in particu- and NIH in Thailand and the Ivory Coast. house College and Meharry Medical lar the nominee’s view of partial birth I think that this debate has been School and the King-Drew Medical abortion. healthy and has been helpful in facili- Center—Dr. Satcher promises to be Let me be abundantly clear: I am tating a better understanding of the able to use his leadership position as firmly and resolutely opposed to par- proper role of United States public Surgeon General to direct greater at- tial birth abortion. I disagree with the health agencies in conducting research tention on health problems that dis- views of both the President and Dr. in the Third World. proportionately affect minority com- Satcher on this issue. I think that they First off, let me just make the point munities. are in the minority on this issue. that I believe that any comparisons I have no doubt in my mind that Dr. Nevertheless, I don’t think that Dr. with the infamous Tuskegee experi- Satcher will be able to serve effectively Satcher’s views on this issue should ments is way wide of the mark. Those as Surgeon General for all the people in disqualify him for this position, so long natural history studies held no promise this country. as he does not make it a matter of pub- of treatment and, in fact, after a treat- Under his leadership at CDC, the lic policy and does not advocate for it. ment was found, this treatment was de- agency put greater emphasis on pre- And he has indicated to me that he will nied to the participants of the study. vention. I think that there is much not advocate for it, that he will not Unlike Tuskegee, these AZT trials truth in the old adage, ‘‘An ounce of bring abortion into the debate if he is have a strong informed consent compo- prevention is worth a pound of cure.’’ confirmed as Surgeon General. nent. Frankly, as a conservative, I think While others who have held this post These trials were undertaken in close Government debates pounds and have endeavored to use it as a bully cooperation with the World Health Or- pounds of cures, having completely lost pulpit for a controversial social policy ganization and the national and local sight of the benefits of a little old-fash- agenda, I am assured by Dr. Satcher public health officials of the country ioned, non-governmental ounce of pre- that he fully understands the extreme where the trials took place. As a pro- vention. sensitivity of these issues, particularly ponent of the successful FDA export In the past I have been involved in a abortion. In my discussions with him, bill in 1995, the Hatch-Gregg amend- number of confirmations of Surgeons he has assured me that he will not use ment, I believe that it is imperative in General. the Surgeon General’s Office as a pro- forming public health policy that the During the Bush Administration, I abortion platform, and I believe him. United States must recognize and re- enthusiastically supported the nomina- And, with that assurance, I am willing spect the differences in health and tion and confirmation of Surgeon Gen- to support him here today. wealth characteristics of our foreign eral Antonia Novello. As Dr. Satcher has written to the neighbors. Dr. Novello came from a research Congress: What is the standard of care in the background at the National Institute United States may simply not be ap- Let me state unequivocally that I have no propriate, proper, or possible in an- of Child Health and Development and intention of using the positions of Assistant did a very good job for this country. Secretary for Health and Surgeon General to other country. Dr. Novello spent much of her efforts promote issues related to abortion. I share In fact, as former Secretary of Health on pediatrics problems such as pedi- no one’s political agenda and I want to use and Human Services, Dr. Louis Sulli- van has written to me to rebut criti- atric AIDS programs. the power of these positions to focus on Before that, I was involved in the issues that unite Americans—not divide cisms raised against Dr. Satcher. Dr. them. Sullivan pointed out with respect to then very controversial nomination of If I am confirmed by the Senate, I will these AZT trials: Dr. C. Everett Koop by President strongly promote a message of abstinence Reagan. Part of the problem is that the cost of the and responsibility to our youth, which I be- drugs involved is beyond the resources of de- At the time of his nomination, many lieve can help to reduce the number of abor- veloping nations. In Malawi, for example, the had concerns that Dr. Koop, a pediatric tions in our country. regimen for one woman and her child is more surgeon by training who held strong Let me tell you, I can’t tell you how than 600 times the annual per capita alloca- pro-life views on abortion, would turn much that means to me, that we have tion for health care. the Surgeon General’s role into a po- a Democrat-appointed Surgeon General I ask unanimous consent this letter larizing position because of the politics who is willing to preach abstinence be printed in the RECORD. of abortion. throughout this country to our youth. There being no objection, the letter Dr. Koop and I went to his opponents And to preach—I should say teach, was ordered to be printed in the and explained that the great challenge would be a better word—good health RECORD, as follows: and responsibility of the Surgeon Gen- practices. MOREHOUSE SCHOOL OF MEDICINE eral’s office is not to stress issues that I have to say some of our Republican February 6, 1998. divide Americans but to act to unite Surgeons General haven’t done this as Hon. ORRIN HATCH, the public by educating our citizens well as I think Dr. Satcher will be in- U.S. Senator, about the medical and scientific facts clined to do it. So that is one reason U.S. Senate, Washington, DC. DEAR SENATOR HATCH: I understand that of health issues. I might mention that alone to vote for Dr. Satcher. And it is questions have been raised about the ethics was a big battle. It took 8 months to about time. and leadership of Dr. Satcher because of his get Dr. Koop approved because of pro- It seems to me that Dr. Satcher and support of AZT trials to reduce perinatal choice Senators. But, finally, he was Dr. Koop, while having almost com- HIV transmission in developing countries. February 9, 1998 CONGRESSIONAL RECORD — SENATE S489 Questions have also been raised about his ing countries are for the purpose of develop- ing countries are for the purpose of develop- role in the HIV-blinded Surveys of Childbear- ing treatment that is appropriate, effective ing treatment that is appropriate, effective ing Women which started in 1988 and was and safe to prevent the spread of HIV from and safe to prevent the spread of HIV from suspended in 1995. As a biomedical scientist, mother to child. Unlike Tuskegee, these pro- mother to child. former Secretary of the Department of grams have a very strong informed consent Dr. Sullivan is joined in his opinion Health and Human Services (DHHS) under component. by many health experts such as the President Bush, and one who has known and Likewise, I do not believe that criticism of worked with Dr. Satcher for twenty-five the blinded-surveys of childbearing women is American Medical Association and the years, I write to respectfully take exception appropriate. These surveys, which started in American Academy of Pediatrics, that to this assessment of the studies and espe- 1988, five years before Dr. Satcher came to support Dr. Satcher. cially of Dr. Satcher. I share the view of the government, were supported by public health Let me just conclude that I respect World Health Organization (WHO), UNAIDS, leaders at every level. They were considered the views of those who have raised the National Institutes of Health (NIH) and to be the best way to monitor the evolving issues about this nominee. I certainly the Centers for Disease Control and Preven- epidemic during that very difficult period respect their right to raise these tion (CDC) that these studies were ethical, when we knew so little of the nature of the issues, but when I weigh all the evi- appropriate and critical for the health of ba- problem and virtually no treatment was bies in developing countries. I also agreed available. These surveys use discarded blood dence, I come to the conclusion that which public health leaders at every level of from which all identifying information had Dr. Satcher’s nomination should be government that the HIV-blinded survey been removed, to measure the extent of the strongly supported. which was started five years before Dr. HIV problem in various communities and Frankly, I find his life inspiring. He Satcher entered government were ethical, groups. The information was invaluable to comes from humble roots. He is an appropriate and critical during the early state and local communities in planning edu- American success story. He is a good phase of the AIDS epidemic. More impor- cation and screening programs. Using these man. And I judge that he will be a fair tantly, I agree with those who, while ques- surveys we were able to document that the man. I am confident that if we confirm tioning the AZI trials in Africa, strongly at- percentage of women infected with HIV grew test to the ethics and leadership of Dr. from 7% in 1985, to almost 20% in 1995. At no him, David Satcher will do his best to Satcher and strongly support his nomination time was any baby, known to be positive for advance and protect the health of the for Surgeon General. HIV, sent home without the parents being American public. In 1994 scientists in the United States informed. I do not agree with all his views but found a regimen using the drug AZT that Again, I acknowledge the right to criticize I do believe that this good American dramatically reduces the transmission of the Dr. Satcher, the nominee for Surgeon Gen- merits our votes. HIV virus from mothers to newborns. As a eral. But, I believe that Dr. Satcher’s long Let me mention a few of Dr. result of this breakdown, perinatal AIDS and distinguished career speaks for itself rel- Satcher’s accomplishments both before transmission in the United States has ative to his commitment to ethical behavior, dropped by almost half since 1992. Naturally, service to the disadvantaged, to excellence and during his tenure at CDC: such an advance raises hopes of making dra- in health care and research and to human Dr. Satcher has led an international matic reductions not only in the developed dignity. effort to reduce transmission of HIV world, but in developing nations, where 100 Should you wish, I would be happy to re- from mother to child; babies were born each day infected with HIV. view any of the areas where there is any re- He has worked to close the health Unfortunately, it is generally agreed that maining confusion or questions. gap between the ‘‘haves’’ and the the regimen that has worked so well in the With best wishes and regards, I am United States is not suitable for these devel- ‘‘have-nots.’’ He was the Chair of Com- Sincerely, munity and Family Medicine at More- oping nations. Part of the problem is that LOUIS W. SULLIVAN, M.D., the cost of the drugs involved is beyond the President. house College. He served as the Presi- dent of Meharry Medical College which resources of developing nations. In Malawi, Mr. HATCH. Let me be clear: This for example, the regimen for one women and has as a primary mission caring for the economic circumstance is a sad fact of her child is more is more than 600 times the underserved. life in many developing nations but it annual per capita allocation for health care. In fact, Dr. Satcher has led an inno- Just as important, developing nations lack is a fact of life nevertheless. vative public/private effort to consoli- the medical infrastructure or facilities re- A key question is how best to bring date the Meharry teaching hospital quired to administer the regimen, which re- new treatments and new hope to these with the county facility in order to re- quires (1) that women undergo HIV testing underprivileged peoples around the duce cost and improve care; and counseling early in their pregnancy, (2) world. that they comply with a lengthy therapeutic During his tenure at CDC, the child- As Dr. Sullivan goes on to explain oral regimen, and (3) that the anti-HIV drugs hood immunization rate has risen from what happened in the construction of be administered intravenously at the time of 55 percent to 78 percent. Over 90 per- these trials you can see that the U.S. birth. In addition, mothers must refrain cent of children are now immunized standard of care—the so-called long from breast feeding; the newborns must re- against measles, mumps, rubella, teta- ceive six weeks of oral drugs; and both moth- course AZT treatment could not serve nus, pertussis and hemophilus. With ers and newborns must be closely monitored as the proper baseline: particular respect to measles, between for adverse effects of drugs. Given the general recognition that this Given the general recognition that this 1989 and 1991, over 27,000 kids suffered therapy could not be widely carried out in therapy could not be widely carried out in developing nations, the WHO in 1994 con- each year. In 1995 there were less than developing nations, the WHO in 1994 con- vened top scientists and health professionals 500 cases, and last year there were no vened top scientists and health professionals from around the world to explore a shorter, deaths. from, around the world to explore a shorter, less costly, and less complicated drug regi- In years prior to approval of a vac- less costly, and less complicated drug regi- men that could be used in developing coun- men that could be used in developing coun- cine for hemophilus B influenza, about tries. This meeting concluded that the best tries. The meeting concluded that the best 1,000 children died a year. Dr. Satcher way to determine efficacy and safety could way to determine efficacy and safety would has worked to promote use of this new be to conduct research studies that compare be to conduct research studies that compare vaccine, and last year, only nine fami- a shorter drug regimen with a placebo—that a shorter drug regimen with a placebo—that is, no medicine at all. lies suffered a death; is, no medicine at all. During Dr. Satcher’s tenure, the After the New England Journal of Medicine Let me just go on to tell you what number of states with breast cancer (NEJM) published its editorial criticizing the Dr. Sullivan—the Bush Administra- screening programs has risen from 18 AZT trials in developing countries, two of tion’s HHS Secretary who is currently the three AIDS experts on this editorial to 50; President of the Morehouse School of Another accomplishment of Dr. board resigned in protest because they dis- Medicine—thinks about the compari- agreed. Many other outstanding biomedical Satcher’s is Food Net, a new surveil- son of this study to the Tuskegee scientists and ethicists have since taken lance system which detects foodborne issue with the NEJM editorial. study: illnesses. It worked in 1996 when there As one who feels strongly about what hap- As one who feels strongly about what hap- was a salmonella outbreak from apple pened in Tuskegee, let me say that it is ut- pened in Tuskegee, let me say that it is ut- juice and again with the tainted rasp- terly inappropriate to compare these trials terly inappropriate to compare these trials with Tuskegee where established treatment with Tuskegee where established treatment berries from Guatemala; was withheld so that the course of the dis- was withheld so that the course of the dis- Dr. Satcher has developed and nur- ease could be observed while these men died. ease could be observed while these men died. tured a program to provide public The AZT trials being carried out in develop- The AZT trials being carried out in develop- health information on the leading S490 CONGRESSIONAL RECORD — SENATE February 9, 1998 cause of death for African-Americans zation rates, increasing the number of Mr. ASHCROFT. Madam President, between 15 and 24. These statistics, kids immunized by nearly 25 percent. may I ask how much time remains on along with a teenage suicide rate that Rates increased from 55 percent in 1992 each side? has tripled since 1950, are a problem to 78 percent in 1996. This is an excep- The PRESIDING OFFICER. The Sen- our Nation’s physicians and leading tional accomplishment. ator from Missouri has 1 hour and 42 public health authorities have stated Under Dr. Satcher’s leadership, we minutes; the Senator from Massachu- they cannot ignore any longer; reduced by one-fourth the number of setts has 11⁄2 hours remaining. Dr. Satcher has also developed a children at risk for immunization-pre- Mr. ASHCROFT. The Senator from much-needed comprehensive approach ventable diseases, some of them perma- Missouri thanks the Chair. to detecting and combating infections nently disabling, or even fatal. Madam President, I rise to oppose emerging in both the U.S. and around Dr. Satcher also spearheaded a high- this nomination because this nominee the world. The possibility that world ly successful program to provide breast has an approach to America’s drug cri- travel could quickly result in an epi- and cervical cancer screening to sis which is an approach of tolerance— demic underscores the need for a rapid women throughout America. State par- in many respects—rather than an ap- detection system. ticipation in the CDC breast and cer- proach of eradication. That is clear by All of these are tremendous accom- vical cancer screening program in- the fact that this nominee has shown a plishments in a relatively short period creased from 18 to 50 percent. clear willingness to encourage needle of time by a man who had just one He helped launch an early warning exchange programs and to groups of in- small agency under his control. system to detect and prevent foodborne dividuals that want to sponsor needle I do not agree with all of Dr. illnesses, such as E. coli. This system exchange programs and to embrace a Satcher’s views. But I didn’t agree with was instrumental in tracking and con- concept waiving State laws in America all of Dr. Koop’s views or all of Dr. taining salmonella, E. coli and that are against drug paraphernalia Novello’s views either, but probably cyclospora, in imported raspberries, that accommodates the problem of more with them than I do with Dr. outbreaks. drug abuse. Satcher. But I believe this good Amer- Dr. Satcher has wide-ranging sup- This afternoon, I would like to take ican merits our votes. port. He is clearly of the political, of some time to review evidence that President Clinton did win the elec- the medical mainstream in our Nation. shows where we are in this debate in tion. He should have the right to have He is endorsed by 133 organizations, in- our culture. We can then juxtapose a Surgeon General of his choice, so cluding the American Medical Associa- that with the views of the current long as that person is within the main- tion and many physicians groups, the nominees. stream and so long as that person will American Hospital Association and To begin the discussion, we must un- not advocate a radical agenda that di- most hospital organizations, the Amer- derstand that the Surgeon General of vides America. This man has indicated ican Nurses Association and many oth- the United States has a very important that he will encourage an agenda that ers, including prominent pharma- responsibility, not only to the people of will bring America together, an agenda ceutical companies. America—advising you and me and that will help our youth to abstain Dr. Satcher has indicated very clear- families across America on our health from promiscuous sexual activity. He ly to this Senate that he sees his role concerns—but also in advising the Sec- has indicated he will be sensitive in so as providing a focus on issues that retary of Health and Human Services many other areas that will bring Amer- unite Americans and not divide them; and advising the President of the ica together. I think Dr. Satcher is a that he wants to strongly promote a United States in terms of health policy man who, at this time, could do this message of abstinence and responsibil- the Nation should be following. better than anyone else I know. That is ity to our youth. In that role, the Surgeon General— why I support his nomination. I hope In a recent letter Dr. Satcher wrote: that our colleagues will also support ‘‘America’s Doctor’’—should not only If I’m confirmed by the Senate, I will work value life, but also should value the him in our vote tomorrow. I yield the to ensure that every child has a healthy floor. quality of life in this great land. start in life. I will encourage the American Drugs in America impact not only Mr. JOHNSON addressed the Chair. people to adopt healthy lifestyles, including The PRESIDING OFFICER (Ms. COL- physical activity and diet, and I will try to the quality of life of those addicted to LINS). The Senator from South Dakota help the American people make sense of a the illegal narcotics, but also the chil- is recognized. changing health care system so that they dren in our schools and the citizens of Mr. JOHNSON. Madam President, I can maximize their access to and the quality our cities. If you look carefully, it is rise to fully join in the strong biparti- of the health care they receive. pretty clear that of the number of peo- san support for the nomination of Dr. I believe, Madam President, that Dr. ple in our prisons—the majority of David Satcher, as expressed on the Satcher’s goals are squarely on target. them have been involved with some Senate floor today, for the dual posi- Our Nation will be well served by a substance abuse in the commission of tion of U.S. Surgeon General and As- public health leader who could help us their crimes. sistant Secretary of Health. foster healthy lifestyles, a consumer The Nation’s drug policy should be This Nation is fortunate that a man advocate who recognizes that strength- one of zero tolerance. It should not be of Dr. Satcher’s dedication, vision and ening our health care system means a policy of accommodation. Drugs are deep commitment to public service has empowering individuals to make in- turning our once vibrant cities into agreed, in fact, to take on this criti- formed decisions of their own about the centers of despair and hopelessness. We cally important role, a critical role, I care that they receive. I am confident need a Surgeon General who rejects might add, that has been unfilled—un- that Dr. Satcher, a man of experience, and fights the drug culture—who has filled—since 1994. It is time to fill this proven integrity and great insight will no tolerance for the drug culture. A critical position. We have gone more help us make these goals a reality. I Surgeon General who says that Amer- than 3 years without a Surgeon Gen- am confident that my colleagues on ica can be called to a higher standard eral to push Americans toward better both sides of the aisle will join me in rather than accommodated in a culture health and healthier lifestyles. confirming this important nomination. of consuming drugs. Dr. Satcher has served the American I yield back my time. Many special interest groups are call- people as a family practice physician, Mr. ASHCROFT addressed the Chair. ing on Congress and the administration as an educator and as an established The PRESIDING OFFICER. The Sen- to turn our drug policy into a policy of leader in the public health arena. Dur- ator from Missouri is recognized. accommodation and tolerance. Let me ing his tenure as the Director of the Mr. ASHCROFT. Madam President, I just sort of try to help you understand Centers for Disease Control, Dr. yield myself as much time as I may what kind of an approach that would Satcher worked to strengthen the criti- consume in my opposition to this nom- be. cal prevention link in our Nation’s ination. Rather than treating drug addiction public health structure. He tackled the The PRESIDING OFFICER. The Sen- as the problem— understanding that it problem of lagging childhood immuni- ator is recognized. is a criminal act and that it should not February 9, 1998 CONGRESSIONAL RECORD — SENATE S491 be tolerated, many groups have in- The PRESIDING OFFICER. The Sen- be on bringing help to this suffering popu- creasingly called for a ‘‘harm reduc- ator from New Mexico. lation—not give them more effective means tion’’ policy. Harm reduction advocates Mr. DOMENICI. I note the presence to continue their addiction. One does not policies to literally reduce the harm of of Senator BINGAMAN, my colleague want to facilitate this dreadful scourge on mankind. injecting illegal drugs. These policies from New Mexico. He wanted to speak include providing clean needles to drug for 2 or 3 minutes on the same subject. Well, I couldn’t agree more with Gen- addicts and for some—legalization of I am not sure if 4:30 will accommodate eral McCaffrey. We do not want to fa- drugs. that. I ask unanimous consent that cilitate the dreadful scourge of drugs This was the case with the former Senators DOMENICI and BINGAMAN have on mankind. We do not want to accept Surgeon General of the United States, 15 minutes together at 4:30, and that drug use as a way of life. Furthermore, Joycelyn Elders, who actually said for part of that 15 minutes we be per- it is crucial that we understand what- that we ought to just legalize drugs, we mitted to speak on a resolution regard- ever we do in Government—we teach— should make them available on a broad ing the 400th anniversary of the com- we send signals to young people. basis so that more people could have memoration of the first permanent What are young people to think when easy access to them. I think that is the Spanish settlement in New Mexico. they encounter a junkie who wants to wrong approach. I think accommodat- The PRESIDING OFFICER. Is there convince them to use IV drugs, and ing drug users, I think providing a objection to the unanimous consent re- young people say, ‘‘Oh, I don’t know. greater accessibility to drugs, provid- quest? I’ve been told that’s wrong. And I’ve ing safe accessibility to drugs sends all Mr. ASHCROFT. Reserving the right been told that’s dangerous.’’ But the the wrong messages. to object, let me say, to the extent the junkie says, ‘‘Oh, don’t worry about The ‘‘harm reduction’’ school of time is expended in favor of the nomi- that. The Government gives us needles. thought is the idea that if we provide nation, that I ask unanimous consent And we can do this without risk or people with either free drugs or clean that it be taken from the time allotted harm. You don’t think the Government needles, so that there will be less risk to the side favoring the nomination. would provide us with the tools if this involved in using drugs, that we will The PRESIDING OFFICER. Is there was something that’s really wrong, do have done the right thing. objection? Without objection, it is so you?’’ The Harm Reduction Coalition’s ordered. I think it would be hard, as a young Home Page provides that HRC ‘‘sup- Mr. DOMENICI. Madam President, person who was otherwise tempted, to ports individuals and communities in has time for every Republican in favor understand that the government would creating strategies and obtaining re- of the nominee been taken out that not be endorsing drug use. What does sources to encourage safer drug use. .. way? If that is the case, I want to be this do to our children? What kind of Rather than perpetuating the ‘all or treated that way. message does it send to America in nothing’ approach to drug interven- The PRESIDING OFFICER. That is terms of that to which we aspire? Does tion, harm reduction—and here is the correct. it carry us to our highest and best or Mr. DOMENICI. Thank you very key phrase—‘‘accepts drug use as a way does it accommodate us at our lowest much, I say to Senator ASHCROFT. and least? of life.’’ I yield the floor. Once you come to the conclusion Is this harm reduction a means, by Mr. ASHCROFT addressed the Chair. saying that we will tolerate this, that that you want to accept for this coun- The PRESIDING OFFICER. The Sen- we are willing to embrace it, and not try drug use as a way of life, you really ator from Missouri is recognized. have embraced something that is—very Mr. ASHCROFT. Thank you very only embrace it but to subsidize it? troublesome as far as I am concerned. I much. And in so doing, are we willing to cor- think America wants to reject drug use As I said, there was a stream of rupt the next generation because we as a way of life. We do not want to ac- thought in this country that says, we are trying to provide a clean needle? commodate ourselves with the concept ought to begin accepting drug use as a Besides—there are real questions about of more and more young people and way of life. It is known as the ‘‘harm whether clean needles reduce drug use more and more citizens of our culture reduction’’ school of thought. It is a or not. who are involved in drug use. I think philosophy that tries to limit some of Obviously, the Congress has rejected what we really want to be able to do is the harm and to provide as much sup- this policy of facilitating, in the words say we want fewer people to be in- port as is necessary to drug users in of General McCaffrey, the ‘‘dreadful volved in drug use, and that as a way of the culture. scourge on mankind.’’ life it is something we want to reject Now, this is the philosophy behind In 1988, the U.S. Congress began ban- rather than embrace. the needle exchange programs which ning the use of Federal funds for needle I see that my colleague from the have gained the favor of the nominee, exchange programs. The representa- State of New Mexico is here and has Dr. Satcher. By giving addicts clean tives of the people of the United States come to the floor. And I intend to needles, the argument goes, you reduce of America said, ‘‘My taxpayers, the speak for quite some time on this their chance of becoming infected with people who send me here, don’t want to issue. I would be happy to ask for HIV, therefore, you improve their qual- spend their money buying needles for unanimous consent that he be able to ity of life. drug addicts.’’ make some remarks, and then that the I, along with a majority of Ameri- I keep thinking to myself, I will bet RECORD would reflect that his remarks cans, believe that such policies are you they don’t want to buy bulletproof would be somewhere outside the con- nothing more than a subsidy for drug vests for bank robbers either. You fines of mine. I think he would prob- use—providing equipment for drug could improve the health condition of ably prefer that. users to administer illegal drugs to bank robbers, if you wanted to, and Mr. DOMENICI. Madam President, if themselves, and hoping somehow that make it safer for them. Under those we could have unanimous consent that in this safer environment for them and circumstances, they would less likely I could deliver my remarks at 4:30, in somehow that they have fewer infec- die in the commission of a robbery if which event the Senator would be fin- tions. you would strap a bulletproof vest on ished. It is 3:20. I indicate that that is not the view of them. But I don’t think we want to do Mr. ASHCROFT. Yes. I would be fin- most Americans. And I do not think it that because we don’t want to partici- ished by 4:30. is the view of many sensible individ- pate, with Federal money or State Madam President, I ask unanimous uals, including Gen. Barry McCaffrey, money or any money, in the commis- consent that the Senator from New who is the director of the Office of Na- sion of a crime. It is something we are Mexico be allowed to speak at 4:30, and tional Drug Control Policy. We fre- against doing. that his time be taken—I understand quently refer to General McCaffrey as I do not think we want to participate he is supporting the nomination—that the ‘‘Drug Czar.’’ These are the words in the commission of the drug crimes his time be taken from the time on the of General McCaffrey: which spawn the robberies, spawn the supporting side for the nomination. The problem is not dirty needles, the prob- assaults in our cities by saying, ‘‘We’re Mr. DOMENICI addressed the Chair. lem is heroin addiction. . . The focus should going to make this easier for you. S492 CONGRESSIONAL RECORD — SENATE February 9, 1998 We’re going to make it less risky for States and communities the option of includ- Satcher’s trying to distance himself you. We’re going to make it cleaner for ing needle exchange programs in comprehen- from this review. When I asked for a you. We’re going to make it more con- sive programs [programs that share Federal copy of the CDC’s review of this report, venient for you. So any time you need funding]. it was not forthcoming. And when it a needle, we can give you one. You In the review, the CDC found the rec- was forthcoming, it came to me with a won’t have to find one or you won’t ommendation that State and local gov- critical piece of the operation missing. have to try and get one some other way ernments repeal their drug parapherna- What was missing from the report was illegally. We’ll just make it available lia laws as they ‘‘apply to syringes,’’ to the letter of Dr. Satcher—the cover let- to you. That way, you won’t ever have be ‘‘reasonable and appropriate.’’ ter—where he is ‘‘pleased to submit the to quit taking drugs.’’ So here you have the Centers for Dis- attached review.’’ In 1988, Congress began banning the ease Control, under the leadership of Now, I have some real reservations use of Federal funds for needle ex- Dr. Satcher, saying that we ought to about the fact that the CDC would send change programs. urge States to repeal their drug para- out the report and not include the Last year, in 1997, Congress included phernalia laws concerning syringes cover letter from this nominee. I can language in the Labor, Health and that it is a reasonable and appropriate understand why this nominee would Human Services Appropriations bill recommendation. He is sending word not want the cover letter to accom- that would allow the ban to be lifted if up the chain to the Secretary of Health pany the review because he has sought the Secretary of Health and Human and Human Services that that is what to lead Members of the Senate and Services determines that needle ex- ought to be done. committees of the Senate that he has change programs reduce HIV among in- He is also saying the ban on Federal not endorsed, not participated in pro- travenous drug users and does not en- funding of needle exchange programs grams that would promote needle ex- courage drug use. Well, I think it should be lifted to allow States and change or clean needles for drug ad- would be a very difficult finding to be communities the option of including dicts. But I think it is beneath the dig- able to make. needle exchange programs in com- nity of the CDC and beneath the integ- Since it is the function of the Sur- prehensive programs. rity of the Senate of the United States geon General to advise the Secretary of The review also found the California to send out the review without having HHS on such policies, Dr. Satcher’s po- study recommendation that ‘‘substan- the letter of endorsement on the review sition on the needle exchange program tial Federal funds should be committed that is signed on behalf of David is crucial in the debate. both to providing needle exchange serv- Satcher. Here you have it. The law now says ices and to expanding research into In my opinion, for us to make good that we will not spend tax dollars in these programs.’’ And they found that judgments about individuals who are this respect unless the Secretary of recommendations was ‘‘reasonable and before the Senate, we have to expect Health determines that needle ex- appropriate.’’ agencies to comply completely with change programs reduce HIV among in- So here is what you have. You have our requests. To provide documents travenous drug users and they do not the CDC recognizing and evaluating that we ask be provided—selectively— encourage drug use. So all he would the California study. And then you in ways which favor prior statements have to do is say, well, I kind of think have the CDC saying, under Dr. of a nominee, and to withhold items they probably will reduce—or accept a Satcher’s direction and leadership, which might not be as favorable to the study that might say that they do, or that the recommendations are both nominee and to provide items that accept a study that says they don’t en- reasonable and appropriate. might be more favorable to the nomi- courage drug use. And having done And what are those recommenda- nee reflects poorly on the compliance that, he is in the position to have the tions? of the agency. It could reflect on the law of the United States go from not They are to spend substantial Fed- integrity of the nominee if the nomi- supporting needle exchange to support- eral funds to provide needle exchange nee himself or herself is in control of ing needle exchange programs. services and to expanding research into the agency. Dr. Satcher’s needle exchange posi- It might be possible to argue that, such needle exchange programs, and tion has been very difficult to deter- well, maybe the cover letter does not they are to recommend that state and mine. It has been difficult to determine really apply to the recommendations local governments repeal their drug in substantial measure because they and maybe the signature on the cover paraphernalia laws as they relate to have not been forthcoming. There has letter, which purports to be a signature syringes, and they are to say that the been a set of responses made by the for Dr. Satcher, is not one that ought ban on Federal funding of needle ex- Centers for Disease Control which are to be considered, but I hope that agen- change programs should be lifted. incomplete. And the more complete cies in providing information to the Here you have a real conflict. You they are, the more troublesome they Senate would allow the Senate to make have the people of the United States become. judgments like that. A 1992 study conducted by the Uni- against providing needles for drug ad- The Centers for Disease Control has versity of California moved the harm dicts. You have Dr. Satcher running withheld relevant and material infor- reduction debate into the mainstream the CDC, evaluating studies and saying mation I believe in an effort to mislead of public debate. Also, this is the most that it is reasonable and appropriate to this body on Dr. Satcher’s position on often cited study showing that needle start spending Federal tax dollars. Federal funding for needle exchange exchange programs reduce HIV in in- Then he concludes, based on the stud- programs. travenous drug users. ies, that there is no increase in HIV A statement was made on the Senate In 1993, CDC was asked to ‘‘review’’ transmission or drug use as a result of floor that suggested I was trying to the California study and give its ‘‘opin- needle exchange programs. mislead my colleagues by saying that ions and recommendations for Federal Now, I have to say that this so-called Dr. Satcher supports needle exchange action in response to needle exchange’’ review by CDC has been very con- programs. A Senator stated that ‘‘Dr. programs. troversial. In fact, it was made public Satcher has never advocated taxpayer In the review, the CDC embraced the only during the past 2 years after a funded needle exchange programs for study findings that needle exchange needle exchange advocacy group ob- drug abusers. Dr. Satcher has rec- programs reduce HIV infection among tained and disseminated a copy. Prior ommended to Congress that we allow IV drug users and show no evidence of to that time CDC even denied Freedom scientific studies to answer the key encouraging drug use. of Information Act requests to obtain questions involved with this issue. Dr. The CDC, led by Dr. Satcher, made copies of the review. Satcher believes we should never do its recommendations not only on Fed- Here is what you have. You have the anything to advocate the use of illegal eral action but also made recommenda- CDC on record in favor of needle ex- drugs; the intravenous use of illegal tions on policy changes to State and change programs under the direction of drugs is wrong. He has said that he op- local governments. Dr. Satcher. You have a refusal of the poses the use of any illegal drugs.’’ The ban on Federal funding of needle ex- agency to provide copies of their re- The key point here is after I indi- change programs should be removed to allow view of the report. I can understand Dr. cated Dr. Satcher had promoted and February 9, 1998 CONGRESSIONAL RECORD — SENATE S493 sought to promote illegal drug use, here is a conference which we’re going country. And conveniently enough the statements were made in the Chamber to fund—which happens to be the nee- cover letter was deleted and conven- that he has never advocated taxpayer dle exchange advocacy group we al- iently enough the conference that was funded needle exchange programs for ready have talked about today—but funded was deleted, but the conference drug users. the funding was terminated because we which was not funded was included in Well, I think you can tell from the could not agree on the final agenda. the evidence. report I just quoted, which was sent to They understood that they wanted to I quote from a letter from the Illinois us finally, begrudgingly—minus the support Dr. Satcher’s representations Drug Education Alliance—who at- cover letter from Dr. Satcher—that di- to Senators and to the members of the tended this Chicago—‘‘Getting the rectly contradicts ‘‘Dr. Satcher has committee of the Senate that he does Point’’ Conference which was addressed never advocated taxpayer funded nee- not support needle exchange programs. to Dr. Satcher. dle exchange programs.’’ No question So we will look at the record. First, Dear Director Satcher. As President of the about it. he submitted the review I just men- Illinois Drug Education Alliance, I take Let’s look at the record. In addition tioned recommending the end to the strong exception to how the Centers for Dis- to this, although it is difficult to find Federal ban. Under Dr. Satcher’s lead- ease Control and Prevention are promoting since the CDC consistently has with- ership the CDC has cosponsored con- clean needle programs in the State of Illi- held and delayed getting requested in- ferences designed to advance the needle nois. My understanding is that no Federal money is to be spent on clean needle pro- formation to my office, Dr. Satcher has exchange agenda. not been forthright in addressing his grams, so I do not understand how the CDC I have mentioned the cover letter can justify promoting clean needle pro- view on public funding for needle ex- that I was sent by the Department of grams. change programs. He has embraced the Health and Human Services Legislative In Chicago, on June 30, 1997, the Chicago lawyer speak, Clinton speak that we Affairs Office, but now I quote: Department of Public Health and Centers for have all heard too much of in the last The CDC does not provide funds to support Disease Control and Prevention cosponsored 6 years. When asked the question about needle exchange programs, nor has the CDC a conference ‘‘Getting The Point’’ on clean his position on the Federal funding of directly funded any educational research needle programs. I was one of three IDEA (Il- needle exchange programs, he talks conference on needle exchange, although linois Drug Education Alliance) board Mem- about quality science or the adminis- CDC has, of course, participated in several bers who attended the conference, and I can personally testify that it was totally weight- tration’s position. He does not simply conferences and other activities designed to reduce the spread of AIDS. ed toward clean needle programs. There were answer the question. no (in italics ‘‘N-O’’) speakers presenting the When my office requested informa- What you have here is I have asked opposite view. them if they ever support conferences tion from the CDC on the ‘‘number of Judy Kreamer, the President of the needle exchange programs, education on needle exchange. They say no. They say we can show you a document of a Illinois Drug Education Alliance, per- or research conferences sponsored with sists to write: Centers for Disease Control funds,’’ I conference we denied because it had was told that the CDC did not fund needle exchange in it. And then outside We were further alarmed to learn that the of their own response with documents CDC is providing technical assistance and fi- such conferences. The cover letter, nancial support for another conference ‘‘HIV transmitted with part of the informa- we get this logo from a conference Prevention Among Injection Drug Users.’’ tion that we had requested, stated that sponsored by CDC ‘‘Getting the Point.’’ This Illinois Department of Public Health the ‘‘CDC has participated in several I do not think it takes a rocket sci- conference also presents a clearly biased per- conferences and other activities de- entist to know that this is a needle. ‘‘A spective. After a number of telephone calls signed to reduce the spread of HIV/ conference about clean needle pro- and cooperation of IDPH, we were able to in- AIDS’’ but said categorically there grams sponsored by the Chicago De- clude a panel, featuring a nationally known were no CDC funded conferences in this partment of Public Health and the Cen- expert, to present the opposing view. respect. ters for Disease Control and Preven- Critical point. The kind of represen- Understanding again the lawyer tion.’’ tations made by Dr. Satcher to Mem- speak, the CDC only funds conferences Now, it may be a coincidence that bers of the Senate have been that he ‘‘designed to reduce the spread of HIV/ the Centers for Disease Control pro- opposes Federal funding, does not advo- AIDS,’’ therefore, we had to ask for in- vided me information about a con- cate Federal funding for clean needle formation on all conferences funded by ference which they were going to fund programs. the CDC that were designed to reduce but then terminated the funding, but That was made so convincingly to a the spread of HIV and AIDS. We asked when I have asked for information number of Members of this body that for this information 5 days ago and from them about conferences which when I rose to say early in the debate still have not received it. they did sponsor and they omit those that he advocated clean-needle pro- Even though the CDC stated that it carefully—but I doubt it. grams or needle exchange programs, did not fund such conferences. Even It may be a coincidence that they there were those who rose to vocifer- though we have a great deal of infor- omitted the cover letter which pro- ously contradict it and assure us that mation, including conference bro- vided Dr. Satcher’s direct connection that was not the case. I think this evi- chures, indicating that the CDC does to the assessment of the Centers for dence speaks for itself. fund such conferences. They found one Disease Control for Federal funding for One, he has endorsed the report say- ‘‘Award of Notice’’ relevant to my re- clean needles and for the conclusions of ing it’s reasonable and appropriate to quest, it was a needle exchange con- the California study—which—inciden- have substantial Federal funding for ference that the CDC decided not to tally are not based on good science— clean-needle programs. No. 2, he has fund. This was a Harm Reduction Ac- but I doubt it. endorsed a report saying it’s reason- tion Coalition conference that was sup- It seems like it is all too convenient able and appropriate to urge that the posed to be funded by the CDC but the that this agency—in pursuit of this State laws be changed so that drug par- funding was terminated because the nomination—selectively has provided aphernalia laws provide an exception CDC could not approve the final agen- to the Senate those things which rein- for needles and syringes. Secondly, da. The CDC is forthright in giving me force the stated position, the public po- there is clear evidence, when all the information about a needle exchange sition of the nominee and has then de- evidence is in—or at least when enough conference finding—it is relevant to leted from the record those things evidence is finally provided—that not the request when they terminated which do not comport with the position only did the Department fail to provide funding but not when the funding for of the nominee. us with notice of the clean-needle pro- the conference actually went through. It not only happened as it related to grams, there was a selective provision Let me go over it. We asked them if the cover letter on the evaluation of of material requested by the Senate, they had ever funded a conference that the California study; it happened when and that is very, very distressing. The regarded needle exchange and whether we wanted to know whether we really reasoning for not providing the letter they would fund such a conference and find ourselves sponsoring clean needle was that it was just a transmittal let- they sent us documentation that said conferences and agendas around the ter, although they did send us, of S494 CONGRESSIONAL RECORD — SENATE February 9, 1998 course, a substantial amount of infor- Dyson, D–New Haven, reports on the results lanta Harm Reduction Coalition, which mation. I would like to submit the con- of clean needle legislation in his state. is one of the groups who believe that ference agenda and letter for the WORKSHOPS reducing the harm of IV drug use RECORD. All three workshops will be held twice through needle exchanges is an appro- I ask unanimous consent that it be (11:00 AM and 1:30 PM). Each features a panel priate way for us to begin to accept printed in the RECORD. of authoritative speakers and opportunity drug use as a fact of life and a way of There being no objection, the mate- for audience participation. Indicate your life in the United States. rial was ordered to be printed in the preference on the attached form. I ask unanimous consent that the Workshop A: Needle Programs. Place: Video RECORD, as follows: Theater: What does research say about the ef- agenda of the Atlanta Harm Reduction SELECTED READINGS REGARDING HIV/AIDS fectiveness of needle exchange programs? Coalition Conference, cosponsored by AND ACCESS TO STERILE SYRINGES AND NEE- Does access to clean needles reduce disease? the CDC, also be printed in the RECORD. DLES Will easier access increase the use of drugs There being no objection, the mate- DISCLAIMER and encourage drug injection? Moderator: rial was ordered to be printed in the (The following printed materials are pro- Supriya Madhavan, Epidemiologist, CDPH. RECORD, as follows: vided as background for the ‘‘Getting the Speakers include: Steve Jones, CDC; Andrea HARM REDUCTION Point’’ conference. Inclusion here does not Barthwell, Encounter Medical group, Chi- Harm reduction is a model and a set of represent endorsement by the conference cago; Beth Weinstein, Connecticut Dept. of strategies, based in the public health ideol- sponsors for the accuracy or views expressed Public Health. ogy, that encourage users and service provid- in the materials. Refer to CDPH notes Workshop B. Community Response. Place: ers to reduce the harm caused by licit and il- throughout. In all cases, readers are urged to Main Auditorium: How strong is the public licit substance use. In allowing users access review original copies of the full documents sentiment for and against clean needle pro- to the tools needed to become healthier, we and supporting materials) grams? What are opinions of affected neigh- borhood groups, churches and community recognize the competency of their efforts to GETTING THE POINT leaders? Moderator: Theordora Binion-Tay- protect themselves, their loves ones and (A Conference about Clean Needle Programs lor, CDPH. Speakers include: Sandra Crouse their communities. Sponsored by the Chicago Department of Quinn, University of North Carolina, Chapel The Atlanta Harm Reduction Working Public Health and Centers for Disease Con- Hill; Johnny Colon, VIDA SIDA; Sidney Group Conference is a two-day meeting de- trol and Prevention; Monday, June 30, 1997, Thomas, Woodlawn Adult Health Clinic. signed to advance harm reduction in the Harold Washington Library Center, Chicago, Workshop C: Legal and Legislative Issues. Southeastern United States. Although this Illinois) Place: Multipurpose Room B: How are legisla- area of the country is a focal point for sev- SPONSORS tors handling proposals to legalize possession eral prominent schools of public health and Sponsored by the Chicago Department of of hypodermic syringes and needles? How government controlled health agencies, most Public Health and The Centers for Disease would such proposals impact law enforce- local policies do not use public health or Control and Prevention (CDC) ment, pharmacies, and other interested par- harm reduction when dealing with substance users. BACKGROUND ties? Moderator: Fikrite Wagaw, Epidemiolo- gist, CDPH. Speakers include: William This conference is designed for health care HIV/AIDS, hepatitis and other blood-borne Dyson, Connecticut State Representative; workers, social service providers, outreach illnesses are often spread through contami- Sara workers, drug treatment workers, educators, nated equipment used by injection drug lawyers, law enforcement officials, research- users (IDU). As one effort to address the ‘‘GETTING THE POINT’’ A CONFERENCE ABOUT ers and academics for education on harm re- problem, Illinois legislators are debating CLEAN NEEDLE PROGRAMS (MONDAY, JUNE duction policies. The specific objectives in- measures to legalize possession of hypo- 30, 1997 8:30 A.M.–4:30 P.M.—HAROLD WASH- clude presenting practical strategies for in- dermic syringes/needles and allow their lim- INGTON LIBRARY, LOWER-LEVEL CON- corporating harm reduction into existing ited sale without prescription at pharmacies. FERENCE CENTER, 400 SOUTH STATE STREET, services and programs; providing local and Such measures are intended for people who CHICAGO IL 60603) national examples of successful harm reduc- cannot or choose not to get treatment for AGENDA tion strategies; and developing networks of their substance abuse. 8:30–8:55 Welcome and Overview: people who are or will be working in the field OBJECTIVES Robert Rybicki, M.A., Assistant Commis- of harm reduction. Our conference is intended to educate and sioner, CDPH Division of HIV/AIDS Public FRIDAY, MARCH 22, 1996 encourage discussion regarding clean needle Policy and Programs. 8:30–9:30 a.m.—Registration and Coffee Steve Whitman, Ph.D., Director of Epide- programs. Participants will learn about: (1) Rita Anne Rollins Room—8th Floor epidemiology and demographics of HIV/AIDS miology, Chicago Department of Public related to IDU; (2) treatment availability Health. 9:30–10:00 a.m.—Welcoming Remarks by and harm-reduction for IDU; (3) evaluations 9:00–9:30 Keynote Address: Sponsoring Agencies: Jim Curran, MD, MPH, Dean, Rollins of current clean-needle programs; (4) related ‘‘The HIV/AIDS Epidemic: Public Health School of Public Health. legal/legislative issues; and (5) community Lessons and Challenges.’’ Jonathan Mann, Ariane Kraus, Coordinator, Atlanta Harm response. M.D., M.P.H., Harvard School of Public Reduction Coalition. Information and feedback from the con- Health. Sara Kershnar, Program Director, Harm ference will assist the Chicago Department 9:30–9:50 Legislative Issues: Reduction Coalition. State Representative William Dyson, Con- of Public Health in formulating policies re- Ethan Nadelmann, JD, Director, The necticut General Assembly. garding the role of clean needle programs as Lindesmith Center. 9:50–10:10 Treatment Dilemmas: part of a comprehensive system of preven- David C. Condliffe, Exec. Director, The Andrea Barthwell, M.D., Encounter Medi- tion, education, and care for injection drug Drug Policy Foundation. cal Group, Chicago. users and their sex partners. 10:00–11:00 a.m.—Introduction and Keynote 10:10–10:30 Community Perspectives: KEYNOTE ADDRESS Address: Sydney Thomas, M.S.W., Woodlawn Adult Jonathan Mann, M.D., M.P.H. The plenary Jim Curran, MD, MPH, Dean, Rollins Health Clinic. keynote will be delivered by Dr. Jonathan School of Public Health. 10:30–10:45 Questions and Answers Mann, founding director of the World Health Steven Jones, MD, U.S. Centers for Disease 10:45–11:00 Break organization’s Global Program on AIDS and Control and Prevention. 11:00–12:30 Concurrent Workshops A, B, C Chair of the Global AIDS Policy Coalition. 11:15 a.m.–12:30 p.m.—What Is Harm Reduc- 12:30–1:30 Wintergarden Lunch At the Harvard School of Public Health, Dr. tion? 1:30–3:00 Concurrent Workshops A, B, C (Re- Mann is Director of the International the Michael Poulson, MPH, Atlanta Harm Re- peated) Francois-Xavier Bagnoud Center for Health duction Coalition. 3:00–3:20 Break and Human Rights. Additionally, he is Pro- Imani Woods, Training Specialist, Progres- 3:20–4:30 Closing Plenary fessor of Epidemiology and International sive Solutions. Health, and Director of the International Workshop Summations Jon Paul Hammond, Harm Reduction Coa- AIDS Center of the Harvard AIDS Institute. Complexities for Law Enforcement: Views lition. Dr. Mann will discuss public health lessons From the Chicago Police Department, Margaret Kadree, MD, Morehouse School and challenges related to the HIV/ADIS epi- Commander Dave Boggs of Medicine. Cheryl Simmons, SISTERS. demic and clean needle programs. Perspectives of Public Health: Sheila Lyne, R.S.M., Commissioner, Chicago Depart- SATURDAY, MARCH 23, 1996 SPECIAL PRESENTATION ment of Public Health 9:30–10:00 a.m.—Coffee. Connecticut Representative William Dyson 4:30 Adjournment in 1992, the Connecticut legislature legalized Rollins School of Public Health the sale and possession of up to ten clean sy- Mr. ASHCROFT. Madam President, 10:00 a.m.—12:00 p.m.—Working Groups-Re- ringes/needles. State Representative William the CDC also cosponsored with the At- peated February 9, 1998 CONGRESSIONAL RECORD — SENATE S495 12:09—1:30 p.m.—Lunch Abeni Bloodworth, Summerhill One-to- hypodermic needles from drug addicts Rita Anne Rollins Room-8th Floor One. discarded under the guise of a ‘‘clean- Gwen Alford, MPH, Acupuncturist. 1:30–3:30 p.m.—Where Do We Go From Here? needle program,’’ protecting the drug Community Organizing and Grass-Roots Pol- Rita Anne Rollins Room—8th Floor addicts, but exposing the children of icy Change: 4:15–6:00 p.m.—Harm Reduction: The New America. It is obvious that we are Sara Kershnar, Harm Reduction Coalition. Paradigm for Public Health: teaching the wrong things to children Jim Curran, MD, MPH, Rollins School of Joyce Perkins, Nashville Needle Exchange when we teach them that we will pro- Program. Public Health. Dave Purchase, North American Syringe Bob Fullove, Assoc. Dean, Columbia Uni- vide them with clean needles so that Exchange Network. versity School of Public Health. they can involve themselves in drugs, Cathalene Teahan, Georgia AIDS Coali- Margaret Kadree, MD, Morehouse School but in one week in a small town in tion. of Medicine. Connecticut, there were 350 discarded Sterling White, Starr Team. Claire Sterk-Elifson, PhD, Women’s and syringes. You know, of all the clean- Children’s Center. 3:45–5:30 p.m.—Southeast Harm Reduction needle studies I have heard about, they Coalition Meeting. Mr. ASHCROFT. Madam President, don’t talk about the discarded sy- the CDC claims it does not sponsor nee- Please Attend the Fund-raising Events for the ringes. Frankly, I suppose it is sup- Atlanta Harm Reduction Coalition dle exchange conferences. Two times posed to be laid at the feet of the Con- during the confirmation process, Dr. Friday Evening: Whole World Theater Bene- gress because we said it would cut fit, Saturday Evening: Red Light Cafe Ben- Satcher was given the opportunity to down on HIV infections in drug users efit. make his position on Federal funding and would not increase drug use. Well, for needle exchange programs known. CONFERENCE SPONSORS it doesn’t ask about what happens to Both times, in response to written U.S. Centers for Disease Control and Pre- the children of the country. I think vention; Atlanta Harm Reduction Coalition; questions, he wrote: maybe we ought to think a little more Harm Reduction Coalition (HRC); The Drug I believe that, as a nation, we must remain carefully about what happens to the Policy Foundation; The Lindesmith Center; open to the input of quality science. Sec- retary Shalala’s 1997 report to Congress con- children. Dogwood Center; Common Sense for Drug Here is an article from USA Today, Policy; The Criminal Justice Policy Founda- cluded that needle exchange programs ‘‘can tion; Summerhill One-to-One; Emory Harm be an effective component of a comprehen- September 17, 1997: Reduction Working Group; Sisterlove; sive strategy to prevent HIV and other Ms. Fiske says the exchange gets back one- Nyarko & Associates; Emory University Cen- blood-borne infectious diseases in commu- third to one-half of the needles it gives out. ter for Health, Culture and Society; Georgia nities that choose to include them.’’ At the That’s not ideal, she says, but ‘‘one-for-one AIDS Coalition; Georgia Men’s Health Edu- same time, the administration’s position on exchange does not fit the reality of how in- cation Network; North American Syringe Federal funding of needle exchange programs jection drug users live. Some of them are Exchange Network; Southeast AIDS Train- is that we do not have adequate science to homeless. What are they going to do—put ing and Education Center; Rollins School of conclude that such programs do not encour- the dirty needles in their pockets for a week? Public Health of Emory University. age drug use in communities. Thus, we have So the clean-needle advocates say, if not asked that the ban on Federal funding 12:30–1:45 p.m.—Lunch we have 50 percent of the needles for these programs be lifted. Rollins School of Public Health-Working Groups tossed on the road or available as sort Dr. Satcher was asked and given the of medical waste, contaminated with 2:00–3:45 p.m.—Drug Treatment, Twelve-Step opportunity to state clearly, in writ- and Harm Reduction: How They Best Re- perhaps the deadly virus of HIV, that is late: ing, what his position was, and it is a sacrifice we are willing to make in Imani Woods, Training Specialist, Progres- pretty clear that this answer is con- order to be able to accept drug use as sive Solutions. sistent with the way they responded to a way of life. I don’t think that is lead- Nana Nyarko, Nyarko and Associates. my request for documents. Asked ership or where we want to lead this Bruce Stepherson, NDRI. about his commitment to a clean-nee- George Kenney, AIDS Action Committee. country. That is not the kind of health dle program, he said that he believed to which we want the Surgeon General 2:00–3:45 p.m.—Harm Reduction in the Black we must remain open to the input of Community: Key Challenges and Effec- of the United States to summon us. We tive Techniques: quality science, and then he cited the don’t want to be summoned to an envi- Michael Poulson, MPH, Atlanta Harm Re- administration’s position. Well, qual- ronment of drug use and dirty needles duction Coalition. ity science without values can be dan- laying around. Ricky Bluthenthal, Harm Reduction Coali- gerous. It goes on: tion. The Surgeon General of the United It is 1:30 p.m., time for the exchange to Ben Selasi, MPH, MSW, GA Men’s Health States should reject such policies as an close. Within minutes, the tables and left- Education Network. acceptance of defeat and an embrace of over supplies are wedged back inside Acker’s Dazon Dixon, Executive Director, car. But she isn’t done yet. Now she drives Sisterlove. hopelessness. We should not decide we about a mile back to the neighborhood near Cheryl Simmons, SISTERS. are going to accept drugs as a way of the old exchange site and pulls up in front of 2:00–3:45 p.m.—Harm Reduction and the life in the United States. We should not a row house. Criminal Justice System: spend resources providing clean needles Out comes Kellie Jones, a sometime drug Erick Sterling, JD, Criminal Justice Pol- to drug addicts or for conferences that user who has spent a rough 45 years on the icy Foundation. promote the distribution of clean nee- streets. Acker gives her a garbage bag full of Nicholas Pastore, Chief of Police, New dles. 900 boxed, sterile syringes. By 10 that night, Haven, CT. In theory, there are those who really Jones says, the bag will be empty and the Sterling White, Starr Team. Cheryl Epps, Dir. of Government Affairs, think clean needles would help. In clean needles will be in neighborhood shoot- The Drug Policy Foundation. practice it doesn’t work that way. Let ing galleries. She distributes the needles, she says, be- Nancy Lord, MD, Attorney at Law. me just give you some information cause ‘‘AIDS is such a horrible death,’’ one 2:00–3:45 p.m.—Needle Exchange, a Harm Re- about needle exchange programs. she has seen. ‘‘The public should know that duction Intervention: Savings Lives One First, needles are not always ex- this isn’t about condoning drug use. This is at a Time: changed. Therefore, they do not keep Davd Purchase, North American Syringe about stopping the madness.’’ dirty needles out of our communities. I think if you are going to give out Exchange Network. The New York Times’ reporter went Ariane Kraus, Atlanta Harm Reduction Co- 900 needles in one night, 450 will come alition. into a needle exchange center and re- back and the rest will be found some- Mark Kinzly, Bridgeport, CT, Department ceived 20 syringes without exchanging where in the culture, it is about the of Health. any needles. His companion received 40 madness. I think it injures the quality Jon Paul Hammond, Harm Reduction Coa- syringes. They serve them up by the of life in our communities. lition. dozen. According to the Associated 2:00–3:45 p.m.—Reaching Youth: From the Pittsburgh Post Gazette, a Press, in Willimantic, CT, ‘‘More than letter to the editor: Whitney Taylor, The Drug Policy Founda- 350 discarded hypodermic needles were tion. . . . Aside from my personal aversion to Heather Edney, Santa Cruz Needle Ex- collected from the city’s streets, lots the destruction needle exchange undeniably change Project. and alleys’’ in a single week. perpetuates in the life of the addicts, there Rosa Colon, Lower East Side Harm Reduc- Now, there’s a great environment for are several other key issues that . . . are of tion Center. children in America—to have used concern to myself and my neighbors. S496 CONGRESSIONAL RECORD — SENATE February 9, 1998 Our community has worked hard to battle So we compromise the integrity of the law cepted. The Federal Government the drug problem that plagues our neighbor- enforcement community. We make them should not embrace drug use as a way hoods at many levels. But the needle ex- duplicitous individuals who say one thing of life. The Federal Government should change program gives dealers and users one but have to do another. We make the police not subsidize illegal drug use through more reason to stay here. In addition, drug house, a station house, a house divided. users from outside our community now find clean needle programs. And the Centers From South Tucson, the Arizona for Disease Control should not advo- reasons to frequent our neighborhood. Daily Star News: Drug addiction is not a victimless crime. cate spending taxpayer dollars to pro- When the unmarked police car pulled be- Not only does it kill the addict, but also, in vide clean needles which will find their hind the Wagon Wheel Bar yesterday after- the process, the addict preys on those around noon, a young woman in a black hat was way into the alleys and playgrounds him. Prostitution, burglary, and now vio- squatting by the back wall with both hands and streets of American cities dis- lence are an increasing problem in our com- on one ankle. ‘‘She is shooting,’’ said Gerald carded by irresponsible IV drug users. munity. So while the needle exchange people Brewer, South Tucson Police Chief. Brewer And people who run the programs now try to help addicts, they do so at the expense was checking areas frequented by intra- that are privately funded or otherwise of our neighborhood. venous drug users when he happened upon locally funded say that the 50 percent You wonder about taxpayers who es- the woman who stood and walked over to- return is all you can expect. tablish neighborhoods, who own homes, ward South 6th Avenue when the police car Teen drug use is up 105 percent from pay their taxes, what they think of a stopped. ‘‘Police, stop,’’ Brewer yelled, as he 1992 to 1995. The Office of the National stepped from the car and walked after the Government that provides needles so Drug Control Policy, led by America’s that addicts will come to their neigh- woman. But she didn’t stop, even as Brewer pulled a gun from his ankle holster and Drug Czar, General Barry McCaffrey, borhoods and they help addicts at the shouted at her several more times. She dis- strongly opposes the needle exchange expense of the neighborhood. appeared around the corner of the bar and program. The needle exchange people, who do not Brewer didn’t follow. She had shot the dope On August 20, the Office of National live in our community, have been allowed to up and already she was rubbing her ankles. Drug Control Policy issued a state- operate openly for more than two years here, So there is no substance on her. ‘‘She has ment: ‘‘Federal treatment funds should while the police and neighbors looked the discarded the syringe,’’ Brewer said, explain- not be diverted to short-term harm re- other way. We have seen no noticeable ing why he didn’t chase her. After turning a duction efforts like needle exchange changes of a positive nature. The drug prob- trick, prostitutes go to drug houses near programs.’’ lem only gets worse. South 6th Avenue to buy heroin. Then they Sadly, AIDS is a fact of drug addiction. fire up in a vacant lot, or an alley, before We are told by those who keep statis- But the truth is, nothing but recovery and heading back to 6th Avenue to repeat the tics on drugs that more teenagers and abstinence can truly save the addict. Most cycle. young adults tried heroin for the first addicts do not die from AIDS, but from a The point here that is being made is time in 1996 than ever before. Imagine host of other tragic consequences directly re- since it is no longer illegal, since the what would be the case if it had the en- lated to a life of addiction . .. government gave you the needle, once dorsement of the Federal Government. Speaking in front of a Harvard re- This citizen from Pittsburgh, PA, I the drug is injected into you, and you search conference, General McCaffrey think tells us something about needle are no longer carrying the substance— called spending money on the needle exchange programs. at least outside your body and in your exchange program a ‘‘copout.’’ He said, Here is a letter from the editor of the bloodstream —you are no longer sub- ‘‘The problem isn’t dirty needles. It is New York Times: ject to arrest, you end up demoralizing the injection of illegal drugs.’’ Ever since the Lower East Side Harm Re- the police, and you end up making it duction Center— His statement, I believe, is the policy impossible for individuals to enforce that is appropriate. Remember the harm reduction group, the law. Here is a story from the Buffalo the kind of group that sponsors these This article is from the Vancouver News, August 24, 1997 ‘‘Accepting De- kinds of programs that have been sub- Sun about Glasgow, Scotland which is feat.’’ sidized by American tax dollars called ‘‘The drug injecting capital of The needle exchange is one of the few through the CDC. the world.’’ That is a title we don’t places where addicts aren’t treated like los- Ever since the Lower East Side Harm Re- want to wrest from their control. They ers, although that is how many view them- duction Center, a needle exchange program, have a massive needle exchange pro- selves. ‘‘There is no more shame in me,’’ said began operating in a storefront in a residen- gram there that makes it possible for a 36-year old woman from the Buffalo who tial population of working poor, our commu- individuals to be drug injectors very has been shooting up for 15 years. The nity has witnessed drug abuse not seen since conveniently, theoretically, safely. woman, who asked not to be identified, has Operation Pressure Point cleared the area of The article from the Vancouver Sun lived in heroin shooting galleries, and drugs in the 1980’s. Needle exchange is a link says: worked as a prostitute to support her addic- in a chain called ‘‘one-stop shopping.’’ You tion that costs more than $100 a day. She can receive your Government-sponsored Michelle is 20. She is soaked through, wears her terrible life on a racked, puffy clean needles (there is no limit to the num- wearing all the clothes she owns. A thin, face. To prevent three of her children from ber), rob and steal to get money for drugs (or pretty, guarded girl in a sodden, flimsy top being placed in foster care, she sent them sell your clean needles), buy cocaine in store and light trousers. She has been on drugs for away years ago to live with a sister in North fronts, or heroin on any corner, then leave 5 years, and sleeps in an abandoned ware- Carolina. But she can’t stop thinking of behind a pool of blood, dirty syringes, gly- house with her boyfriend, Michael, 26. Both them. She has attached to her blouse a sec- cine bags, alcohol swabs, and bottle caps— had spent the equivalent of $800 Canadian on tion of an old rosary that belonged to her the debris of a depraved individual. The nee- two days of heroin. Michelle isn’t sure if she daughter’s godmother. Next to it is a piece of dle exchange program has legitimized drug has 17 or 25 convictions for shoplifting. Mi- jewelry she found, a gold heart surrounded use on the lower east side. chael has spent all but six months of the past by the words ‘‘Perfect Mom.’’ ‘‘I pray a lot 10 years in prison for two serious assaults. ‘‘I ‘‘The needle exchange program has legiti- despite the life I lead,’’ she said. ‘‘I know it was out of it, stoned, both times’’, and has mized drug use.’’ That is the key. That is the sounds farfetched. It helps me think that been on drugs for longer. Before Michael, problem. We don’t want to make drug use le- maybe there is a chance I can have my chil- Michelle lived with another junkie who re- gitimate. dren back.’’ peatedly beat her up. She lost the baby she And by a tacit approval has invited a popu- was carrying. ‘‘I’d rather be dead than to live The Buffalo News talked about the lation of predators into our community. Sta- like this,’’ she says. The unemotional deliv- two sites which together have distrib- tistics on the spread of AIDS cannot be the ery convinces you she means it. And, as she uted 713,000 hypodermics in less than 4 only criterion for measuring the success of walks away in the rain, you realize that she years. They have also taken in about the program. is almost certainly moving toward it. 600,000 needles, not in the exchange One of the inevitable consequences of Yes. ‘‘The drug injection capital of program necessarily, many of which needle exchange programs is that the the world,’’ fueled by a clean needle would have littered the city neighbor- police look the other way. I mean, program. hoods in the exchange program. after all, if you are going to give them As teen drug use continues to rise, as Needle exchange programs are not al- the needle with which they are to use the use of heroin, cocaine, and mari- ways as effective as their advocats sug- the illegal drug, you are not really in juana continues to rise, the Federal gest to the public. Connecticut has six the position to go and ask them to stop Government should not be sending the needle exchange programs, and re- using the illegal drug. message that drug use should be ac- pealed its syringe prescription law in February 9, 1998 CONGRESSIONAL RECORD — SENATE S497 1992. It has intravenous drug use relat- its withholding of information that is I take this opportunity to thank Mr. ed AIDS at 61 percent. This is almost important. Keene who came to see me and who double the national average. The needle exchange program is just brought to my attention the need for New York has 10 needle exchange one of the reasons that I believe this this particular kind of investigation, programs, but has intravenous drug use nomination should not go forward. The which I believe demonstrates that this related AIDS at 49 percent. It is also a needle exchange program flies in the nomination should not be confirmed by lot higher than the national average of face of the values of the American peo- the Senate. 33 percent. ple whom I believe really endorse Gen- Mr. KENNEDY. Madam President, Italy and Spain have a 70-percent eral Barry McCaffrey—understanding the Senator from Missouri asserted HIV rate among IV drug users, and that the addiction is the problem, and that the CDC funded an Illinois needle have never had a restriction on the sale for us to support that addiction with a exchange conference ‘‘Getting the of needles. So they are freely available clean needle program would make no Point.’’ The H.H.S. informs us that the there. It is pretty clear, at least, I sense. CDC did not cosponsor that conference. think from looking at the data, that For these and the reasons relating to The Center’s for Disease Control do there is no conclusive evidence that the AIDS studies, for the reasons relat- not fund ‘‘needle exchange con- making needles available and providing ed to the deployment of the resources ferences.’’ CDC does make a number of them freely reduces the HIV infection of the Centers for Disease Control to small grants to local organizations to rate. Embracing the harm reduction— limit the availability of or access of support HIV–AIDS prevention con- defeatist—philosophy to any degree citizens to their second amendment ferences, and awarded approximately rights, I believe we should reject this will lead to further tolerance of drug $600,000 to 65 projects last year. The candidate. conferences can include such topics as addiction. I was, I think, safely in the popu- The so-called ‘‘syringe experiment’’ I community planning; HIV testing; lation of the Senate believing that think we have all heard about. First, there were no problems with an indi- counseling; referral and partnership they started a needle exchange pro- vidual whose record is so replete with notification; health education and risk gram. Then they opened the needle qualification and qualification at one reduction; public information pro- park so that they could give addicts a time. It is true that Dr. Satcher is a re- grams; and training and quality insur- place to shoot up. Obviously, it is a markable person, and he has done great ance programs. The content of the con- park in which they just allow drug use. things. I thought that one of the Sen- ferences is determined locally, accord- Then, in order to cut down on crime, ators failed to mention that the Denver ing to the needs of the community. they began giving 1,000 addicts doses of Broncos had won the Super Bowl for However, CDC reserves the right to re- heroin. And that will increase to 5,000 the first time under Dr. Satcher’s di- view the conference agenda. this year. This is an effort, a growing rection of the CDC. But that is about The only documents CDC located momentum, to legalize all drugs. the only good thing that hasn’t flowed. that were determined to be at all re- It is a question of whether or not we But the truth of the matter is that sponsive to Senator ASHCROFT’s re- as a culture want to say that we accept there are other important consider- quest on needle exchanges were docu- drug use as a way of life, or whether we ations. David Keene came to my office ments related to an HIV conference in want to say we want to correct this late last year and began to alert me to Denver, Colorado. After reviewing the problem in America. the need for us to look more carefully agenda, which focused on the trans- I believe that we ought to stay with at this candidacy, and to see the criti- mission of HIV through drug use and General McCaffrey; that the problem is cal points of attention between the val- included sessions on needle exchange, not dirty needles. ‘‘The problem is her- ues of America and the willingness of CDC found it inappropriate for funding. oin addiction. The focus should be on this candidate to support things like CDC withdrew its award of $4,719 to the bringing help to this suffering popu- the needle exchange, and to support conference in October 1997. lation—not to give them more effective things like research on other con- In March of 1996, CDC was incorrectly means to continue their addiction. One tinents that could not be done here to listed as a cosponsor of a conference doesn’t want to facilitate this dreadful support concepts like partial-birth held in Atlanta which included sessions scourge on mankind.’’ abortion. While all of these things are on needle exchange. CDC did not fund How does this relate to the nomina- related to science and can be under- the conference, which was held at the tion of Dr. David Satcher? Unfortu- taken by individuals of great intellect Rollins School of Public Health at nately it relates directly. Dr. Satcher and may only be undertaken by indi- Emory University, and Dr. Satcher did has been less than candid with the U.S. viduals of great intellect and training, not participate in it. A CDC scientist Senate, and has been less than candid they are at odds with the values of participated in the conference to dis- with Members of this Senate in provid- America. There should be an under- cuss the HIV epidemic among intra- ing his record on the needle exchange standing that Americans do not want venous drug abusers. The scientist was programs. The Centers for Disease Con- to sponsor the criminal activity of in- unaware that Dr. Satcher had declined trol, under his direction and authority, travenous drug use, that Americans do to participate in or sponsor the con- selectively has provided to the Senate not want to treat people on the other ference. Following the conference, one materials which would indicate that he side of the world as medical experi- of the participating organizations re- does not have a program supporting ment subjects instead of as human leased information listing CDC as a co- needle exchange when a more thorough beings. They don’t want to give them sponsor. When the error was discovered review of the Record indicates that he sugar pills if giving sugar pills would the organization withdrew the mate- has personally endorsed programs that be illegal in the United States. They rials. would promote needle exchange oppor- don’t want to pretend that we have Dr. Satcher is opposed to illegal drug tunities. been ethical by saying that we got the use, and would never do anything to It is troublesome to me why this consent of all the people involved in encourage the use of illegal drugs. He nominee would provide information on the medical studies when those con- agrees with the Administration’s posi- a selective basis. sents were not only seriously chal- tion. While the studies summarized in It is, second, troublesome to me that lenged—but had to be strengthened—on Secretary Shalala’s February, 1997 re- he would support a clean needles pro- the advise of ethics boards because the port showed that needle exchange pro- gram. consents were not appropriately ob- grams can be an effective HIV preven- And, third, I would say that the sin- tained. tion strategy, the Administration has gle most important thing that must This conflict of values is at the heart not yet found a similar degree of evi- exist between the Nation and its family of this nomination. I believe the con- dence on the question of whether such doctor is the idea of trust. I believe flict is so substantial that we would be programs encourage drug use. There- that the elements of that required well served to ask the President to fore, both tests—as mandated by Con- trust are lacking in the way that the send us an individual whose commit- gress—have not been met. CDC has provided information, and its ment to the public health reflected the Senator ASHCROFT has charged that selective provision of information and values of the American people. HHS inappropriately withheld a copy S498 CONGRESSIONAL RECORD — SENATE February 9, 1998 of an intra-departmental transmittal review were provided by the Principal AIDS standards set by Congress. The Depart- memo when it supplied Senator Coordinators of the four agencies. Directors ment continues to look at the science ASHCROFT with information concerning of these agencies have not been asked for on this issue. final concurrence on the review. CDC’s staff review of a University of I am pleased to submit the attached review The federal government continues to California Needle Exchange study. (Tab A). fund the research and evaluation of The truth is that Senator ASHCROFT ——— ——— state and locally funded needle ex- received everything he requested from (For David Satcher.) change programs in order to increase HHS less than 24 hours after his re- Attachment scientific knowledge concerning their quest was first sent to HHS by Major- Tab A—Review of University of California impact, if any, on drug use. But at Report on Needle Exchange and Rec- ity Leader LOTT’s staff. Senator present, this is, and should be, a local ommendations on Needle Exchange ASHCROFT’s request included ‘‘The Tab B—NIDA/NIH Comments on the Uni- decision. Under current law and policy, CDC’s 1993 and 1994 written reviews of versity of California Report on Needle Ex- local communities remain free to use the California Study’’, which he re- change and Recommendations on Needle Ex- non-federal funds to support such pro- ceived with all the other materials. change grams if they choose. The transmittal memo in question, Mr. KENNEDY. The subject of that Madam President, earlier today, the which was prepared subsequent to the transmittal was a University of Cali- Senator from Missouri and I had a col- CDC staff review as a cover note to a fornia needle exchange study, commis- loquy about surveys of child-bearing non-CDC official, was supplied to Sen- sioned in 1992 by the Bush Administra- women for HIV. ator ASHCROFT several hours later tion. The goal was to provide a sci- The surveys began in 1988 and the when HHS realized that his staff was entific evaluation of local needle ex- State of Missouri requested to partici- interested in additional material be- change programs. pate in them from the beginning, in- yond his original request. Senator ASHCROFT has requested and cluding while Senator ASHCROFT was The charge that this transmittal received a review of the University of Governor, the director of the division memo was inappropriately withheld is California study prepared by CDC sci- of administration signed on behalf of untrue. The memo is an innocuous six entific staff. The CDC review was con- Missouri. sentence cover note to the Deputy As- ducted by career CDC scientists and I ask unanimous consent that two ap- sistant Secretary for Health that sum- the bulk of the review was done before plications on behalf of the State of marizes the subject of the CDC needle Dr. David Satcher joined CDC. Missouri be printed in the RECORD at exchange staff review and indicates The CDC staff analysis was not in- this point. that it was reviewed for scientific com- tended to reflect scientific consensus There being no objection, the appli- ment by staff of other HHS health within the Department of Health and cations were ordered to be printed in agencies. Human Services, which must include the RECORD, as follows: If anything, the memo indicates how the National Institutes of Health, the APPLICATION FOR FEDERAL little Dr. Satcher and other top HHS Substance Abuse and Mental Health ASSISTANCE public health officials were involved in Services Administration, the Health 1. Type of Submission: the CDC staff review of the needle ex- Resources and Services Administration Application: change study. In the memo, Dr. and the Food and Drug Administration. [ ] Construction Satcher states that ‘‘Directors of these While scientific review of needle ex- [X] Non-Construction [public health] agencies have not been change issues continues, HHS has not Preapplication: asked for final concurrence on the re- yet concluded that the conditions set [ ] Construction [ ] Non-Construction view.’’ forth by Congress on federal funding of 2. Date Submitted: 9/3/91. It is also important to remember needle exchange programs have been Applicant identifier: U62/CCU706241–01. that the CDC review of the University met. 3. Date Received by State: of California needle exchange study Dr. Satcher has never advocated tax- State Application identifier: was a scientific evaluation prepared by payer funded needle exchange pro- 4. Date Received by Federal Agency: CDC career staff. Most of the work was grams for drug abusers. He also be- Federal identifier: U62/CCU706241–02. completed before Dr. Satcher joined lieves strongly that we should never do 5. Applicant Information: CDC on November 15, 1993. And as Dr. anything to advocate the use of illegal Legal Name: Missouri Department of Health. Satcher’s cover note indicates, it was drugs. The intravenous use of illegal Address (give city, county, state, and zip not intended to represent the views of drugs is wrong. It is a major public code): 1730 E. Elm, P.O. Box 570, Jefferson the leaders of the HHS public health health problem as well as a law en- City, MO 65102. agencies. forcement concern. Organizational Unit: Bureau of AIDS Pre- I ask unanimous consent that the Dr. Satcher does believe that to real- vention. full text of the transmittal letter be ize our goals of effective HIV preven- Name and telephone number of the person printed in the RECORD. tion, it is vital that we identify and to be contacted on matters involving this ap- There being no objection, the letter evaluate sound public health strategies plication (give area code): Theodore D. was ordered to be printed in the to address the epidemic of HIV and sub- Northup, Chief, Bureau of AIDS Prevention, (314) 751–6438. RECORD, as follows: stance abuse. 6. Employer Identification Number (EIN): DEPARTMENT OF HEALTH AND Dr. Satcher, like Secretary Shalala, 44–6000987. HUMAN SERVICES, has recommended to Congress that we 7. Type of Applicant: (enter appropriate let- December 10, 1993. allow scientific studies to answer the ter in box) [A] Note to Jo Ivey Boufford key questions involved with this issue. A State Subject: Review of University of California Dr. Satcher supports the Administra- B County Report on Needle Exchange and Rec- tion’s position as summarized in Sec- C Municipal ommendations on Needle Exchange retary Shalala’s February 1997 report D Township On October 15 you requested that the Cen- to Congress that concluded that needle E Interstate ters for Disease Control and Prevention F Intermunicipal (CDC) review the University of California re- exchange programs ‘‘can be an effec- G Special District search report on needle exchange and provide tive component of a comprehensive H Independent School Dist. opinions and recommendations for Federal strategy to prevent HIV and other I State Controlled Institution of Higher action in response to needle exchange. blood borne infectious diseases in com- Learning The UC report and recommendations were munities that choose to include them.’’ J Private University reviewed by CDC staff. CDC also requested But, the Department has not yet con- K Indian Tribe and received comments on the UC report and cluded that the conditions set forth by L Individual recommendations for needle exchange from Congress on federal funding of needle M Profit Organization the National Institutes of Health, the Sub- N Other (Specify) lllll stance Abuse Mental Health Services Admin- exchange program have been met. Spe- 8. Type of Application: istration, the Health Services and Resources cifically, it has not yet been concluded [ ] New Administration, and the Food and Drug Ad- that needle exchange programs do not [X] Continuation ministration. The comments attached to the encourage drug use, one of the key [ ] Revision February 9, 1998 CONGRESSIONAL RECORD — SENATE S499 If Revision, enter Appropriate Letter(s) in plication (give area code): Todd Baumgartner, The PRESIDING OFFICER. The box(es) [ ] [ ] Bureau of AIDS Prevention, (314) 751–6438. clerk will call the roll. A Increase Award 6. Employer Identification Number (EIN): The legislative clerk proceeded to B Decrease Award 44–6000987. call the roll. C Increase Duration 7. Type of Applicant: (enter appropriate let- D Decrease Duration ter in box) [A] Mr. ASHCROFT. Madam President, I Other (specify) lllll A State ask unanimous consent that the order 9. Name of Federal Agency. Centers for B County for the quorum call be rescinded. Disease Control. C Municipal The PRESIDING OFFICER. Without 10. Catalog of Federal Domestic Assistance D Township objection, it is so ordered. Number: 13–118. E Interstate Mr. ASHCROFT. Madam President, I Title: HIV/AIDS Surveillance Announce- F Intermunicipal ask unanimous consent that for any ment #103. G Special District H Independent School Dist. quorum call made, time be reduced on 11. Descriptive Title of Applicant’s Project: the different sides in the debate equal- FY 1992—Human Immunodeficiency Virus I State Controlled Institution of Higher (HIV), Acquired Immunodeficiency Syn- Learning ly. drome (AIDS) Surveillance. J Private University The PRESIDING OFFICER. Without 12. Areas Affected by Project (Cities coun- K Indian Tribe objection, it is so ordered. ties, states, etc.): Statewide. L Individual Mr. ASHCROFT. Madam President, I 13. Proposed Project: M Profit Organization lllll suggest the absence of a quorum. Start Date: 1/1/92. N Other (Specify) 8. Type of Application: The PRESIDING OFFICER. The Ending Date: 12/31/92. clerk will call the roll. 14. Congressional Districts of: [ ] New [X] Continuation The legislative clerk proceeded to a. Applicant: Fourth. [ ] Revision call the roll. b. Project: Statewide. If Revision, enter Appropriate Letter(s) in 15. Estimated Funding: Mr. CHAFEE. Madam President, I box(es) [ ] [ ] a. Federal: $1,367,876.00. ask unanimous consent that the order A Increase Award b. Applicant: for the quorum call be rescinded. B Decrease Award The PRESIDING OFFICER. Without c. State: C Increase Duration d. Local D Decrease Duration objection, it is so ordered. e. Other: Other (specify) lllll Mr. CHAFEE. Madam President, last f. Program Income: 9. Name of Federal Agency. Centers for week I put into the RECORD a state- g. Total: $1,367,876.00. Disease Control. ment expressing my support for the 16. Is Application Subject to Review by 10. Catalog of Federal Domestic Assistance nomination of Dr. David Satcher for State Executive Order 12372 Process? Number: 13–118. a. Yes, this preapplication/application was U.S. Surgeon General and Assistant Title: HIV/AIDS Surveillance Announce- Secretary for Health. As I indicated made available to the state executive order ment #103. 12372 process for review on (date) 9/3/91. 11. Descriptive Title of Applicant’s Project: then, I believe in his qualifications and b. No [ ] Program is not covered by E.O. FY 1992—Human Immunodeficiency Virus achievements, and think he would 12372. (HIV), Acquired Immunodeficiency Syn- serve well as the Nation’s top physi- [ ] or program has not been selected by drome (AIDS) Surveillance. cian. Dr. Satcher has excelled in many state for review. 12. Areas Affected by Project (Cities coun- aspects of the health care system. He 17. Is the applicant delinquent on any fed- ties, states, etc.): Statewide. has been a provider, a scientist, a eral debt? 13. Proposed Project: teacher, an administrator, in both the [ ] Yes. If ‘‘Yes.’’ attach an explanation. Start Date: 1/1/91. [X] No. Ending Date: 12/31/91. private and the public sector. 18. To the best of my knowledge and belief 14. Congressional Districts of: I must say I was impressed that the all data in this application/preapplication a. Applicant: Eighth. American College of Physicians, which are true and correct. The document has been b. Project: Statewide. is a very prestigious organization, duly authorized by the governing body of the 15. Estimated Funding: awarded Dr. Satcher its James D. applicant and the applicant will comply with a. Federal: $1,312,383.00. Bruce Memorial Award for distin- the attached assurances if the assistance is b. Applicant: guished contributions in preventive awarded. c. State: a. Typed Name of Authorized Representa- d. Local medicine. Dr. Satcher has dedicated his tive: John R. Bagby. e. Other: career to improving public health. b. Title: Director. f. Program Income: The United States has been without a c. Telephone number: (314) 751–6002. g. Total: $1,312,383.00. Surgeon General for a little over 3 d. Signature of Authorized Representative: 16. Is Application Subject to Review by years. This is unfortunate, I believe. H. Douglas Adams, Director of Administra- State Executive Order 12372 Process? Just last week, Dr. C. Everett Koop, tion, Missouri Department of Health. a. Yes, this preapplication/application was former Surgeon General of the United e. Date Signed: 9/3/91. made available to the state executive order 12372 process for review on (date) 9/3/91. States, spoke at a press conference which I had the privilege of attending. APPLICATION FOR FEDERAL b. No [ ] Program is not covered by E.O. ASSISTANCE 12372. In that press conference Dr. Koop [ ] or program has not been selected by spoke forcefully about the grave health 1. Type of Submission: state for review. Application: risks posed by tobacco use, lack of ex- 17. Is the applicant delinquent on any fed- [ ] Construction ercise, and poor diet. He did not pull eral debt? [X] Non-Construction any punches. He gave a stern lecture to [ ] Yes. If ‘‘Yes.’’ attach an explanation. Preapplication: [X] No. all those who were present and hope- [ ] Construction 18. To the best of my knowledge and belief fully beyond that, about the dangers in [ ] Non-Construction all data in this application/preapplication America to American young people and 2. Date Submitted: 9/14/90. are true and correct. The document has been to all our citizens from the so-called Applicant identifier: U62/CCU702028–06. duly authorized by the governing body of the couch potato lifestyle. 3. Date Received by State: applicant and the applicant will comply with I have reviewed the statements that State Application identifier: the attached assurances if the assistance is 4. Date Received by Federal Agency: 9/17/90. Dr. Satcher has made before the Senate awarded. Labor Committee and he is clearly Federal identifier: U62/CCU706241–01. a. Typed Name of Authorized Representa- 5. Applicant Information: tive: John R. Bagby. anxious to follow in the footsteps of Legal Name: Missouri Department of b. Title: Director. Dr. Koop and his successor, Antonia Health. c. Telephone number: (314) 751–6002. Novello. At his confirmation hearing Address (give city, county, state, and zip d. Signature of Authorized Representative: Dr. Satcher stressed the importance of code): 1730 E. Elm, P.O. Box 570, Jefferson H. Douglas Adams, Director of Administra- disease prevention and health pro- City, MO 65102. tion, Missouri Department of Health. motion. This is what he said: ‘‘Whether Organizational Unit: Bureau of AIDS Pre- e. Date Signed: 9/14/90. vention. we are talking about smoking or poor Name and telephone number of the person Mr. KENNEDY. I suggest the absence diets, I want to send the message of to be contacted on matters involving this ap- of a quorum. good health to the American people.’’ S500 CONGRESSIONAL RECORD — SENATE February 9, 1998 So I was delighted to learn that one of tance of this post and moving the Sen- flipper on cable TV, to see a rather ex- his top priorities would be to put the ate forward on this matter. citing report on how great the Centers health of our children and our grand- So I urge my colleagues to join me in for Disease Control are. And then I children in the national spotlight. All voting for cloture and in favor of Dr. have been reading about some new of these matters fall directly within Satcher’s nomination. breakthroughs they are constantly the job description of a U.S. Surgeon Madam President, I suggest the ab- making, and some of the work they do, General. sence of a quorum. to catch viruses and learn about them I might say, it seems to me what we The PRESIDING OFFICER. The before they strike. I think it is a pretty are concerned with, Madam President, clerk will call the roll. good qualification to say that this is not just extending the life expect- The legislative clerk proceeded to nominee headed that organization dur- ancy of Americans. It is beyond that. call the roll. ing a period of time that it gained in We want to have Americans in good Mr. DOMENICI. Madam President, I renown and prestige, and clearly I health as they proceed in their elder ask unanimous consent that the order think that is another significant plus years, and throughout all their lives. for the quorum call be rescinded. for this nominee. In other words, it’s what they call the The PRESIDING OFFICER. Without From my own standpoint, some may quality of their lives that we are con- objection, it is so ordered. know that I, over the last few years, cerned with. It is not just living longer, Mr. DOMENICI. Madam President, I have added a significant concern re- it’s that they be healthy and be able to am slightly late but is it fair to assume garding a certain illness to the arena construct a healthy life and a happy that I have 15 minutes? that I worry about. That has to do with one, where they feel good about them- The PRESIDING OFFICER. Under diabetes, in this case because in my selves. the previous order, the Senator is rec- home State the Navajo Indian people In the period we have gone without a ognized for 15 minutes. and a couple of other tribes of Indian Surgeon General, we have been con- Mr. DOMENICI. If Senator BINGAMAN people are suffering from diabetes at fronted with a host of tough public arrives I will yield time to him. If he rates and ratios well beyond any other health issues. I believe the need for a does not, I will speak on my own for group of American citizens; not just a Surgeon General has never been great- the 15 minutes. little bit more, but way, way more to er. We have these problems in my home The PRESIDING OFFICER. The Sen- the point of being significantly in trou- State of a very substantial percentage, ator is recognized. ble. And I actually believe that if we something like 27 percent, of our sen- Mr. DOMENICI. Madam President, I don’t do something about the problem, iors in high school smoke. This is on rise today to support Dr. David Satcher there are a couple of great groups of In- the increase, not just in my State but to be Surgeon General of the United dian people that may not be around in throughout the Nation. We have seen States and Assistant Secretary for 50 to 100 years. That worries me very widespread substance abuse, and con- Health at the Department of Health much. tinued struggle with AIDS, and a star- and Human Services. Let me first say I I am very grateful that this good doc- tling rate of obesity amongst our base this on many things, but I would tor and others helped work on the dia- youngsters. They just don’t get out like to tell the Senate right up front betes issue with Secretary Shalala and there and exercise. that we have a wonderful doctor who is others, and our good friend NEWT GING- As we consider the potential con- a United States Senator, Dr. BILL RICH from the House, and in the last sequences of human cloning research, I FRIST from the State of Tennessee. reconciliation bill, the Balanced Budg- for one would benefit from the perspec- While I am not saying that he knows et Act, we put in $150 million over the tive that a Surgeon General would everything about medicine, he knows a next 5 years for enhanced research in bring to this issue lot more than I do. We have talked at diabetes in America and, believe it or Several of my colleagues have ex- length about this nominee and he not not, we put in $150 million, $30 million pressed misgivings about this nomina- only knows him, but he knows of him a year, for special attention to this dis- tion. Some have raised concerns about in ways that I probably would not dis- ease among the Indian people. Dr. Satcher’s views on late-term abor- cern from just reading the same things I happened to talk to Dr. Satcher at tions. Others have questioned his role that my friend Senator FRIST has read. length about that. While I assume most in a series of AZT trials that have been Because he reads into some of these doctors can talk about diabetes in a conducted in Africa. past performances and past professor- very understandable way, steeped in I just heard the distinguished Sen- ships and various things that Dr. facts, there is no question that he ator from Missouri talk about concerns Satcher has done—he reads much more knew precisely what we were talking about the free needle exchange, or nee- into them than I can because he knows about. For that I give him another ac- dle exchange program. As Senator JEF- what they are all about. colade. FORDS, the chairman of the Labor Com- Suffice it to say that no Senator So, I intend, when it is right, to vote in favor of this nominee. mittee, and Senator FRIST, the chair- should rely on another Senator as the Madam President, I ask unanimous man of the Public Health and Safety only source of why he votes one way or consent I be permitted to speak on a Subcommittee, stated during the de- another, but I would like to say right subject that is not on the floor of the bate on the nomination last week, up front that I started with at least a Senate. these are not new charges. I am not fa- presumption on my part that I would The PRESIDING OFFICER. Without miliar with the needle exchange that find out a little more and read what I objection. was just being discussed here before, could on my own in addition to receiv- Mr. DOMENICI. I believe I have some but apparently the AZT trials and the ing some excellent advice. time left. How much time do I have late-term abortion matters were thor- On my own, beyond that, I have left? oughly discussed in the committee and looked at his career and, frankly, I The PRESIDING OFFICER. The Sen- subcommittee. Each of these issues was think the President has picked a very, ator has 12 minutes remaining and may raised by the committee during Dr. very distinguished American doctor. proceed. Satcher’s confirmation and it is my un- He has been a rather reputable scholar, f derstanding he responded satisfac- a rather renowned teacher, and obvi- torily—satisfactorily to the commit- ously a very good physician. In addi- ONATE CUARTOCENTENARIO—S. tee. They reported out the nomination. tion to that, he has obviously done RES. 148 Indeed, his answers on those and other considerable research and already in Mr. DOMENICI. Madam President, in matters have been available for all his career has been the head of one of November of last year, Senator BINGA- Senators and the American people to America’s premier institutions that MAN and I introduced a resolution re- view. pertain to preventive medicine and garding the 400th anniversary com- So I want to say I am pleased that we well-being, the Centers for Disease memoration of the first permanent have the nomination for a new Surgeon Control and Prevention. Spanish settlement in New Mexico. General before us. I applaud the major- I have recently been fortunate, in I ask unanimous consent that the ity leader for recognizing the impor- turning the channels as I do with the Senator from Mississippi (Mr. LOTT); February 9, 1998 CONGRESSIONAL RECORD — SENATE S501 the Senator from South Dakota (Mr. 1998 as the ‘‘On˜ ate Cuartocentenario’’, one of my staff people said, as Senator DASCHLE); the Senator from Georgia the 400th Anniversary of the On˜ ate set- DOMENICI explained this 83 wagon and (Mr. COVERDELL); the Senator from Ne- tlement at San Juan Pueblo, New Mex- 7,000 animals forming a 4-mile long braska (Mr. HAGEL); the Senator from ico, and asks the President to issue a caravan, the archbishop was heard to Texas (Mrs. HUTCHISON); the Senator proclamation of similar intent. Besides say, ‘‘The first traffic jam in northern from Alaska (Mr. MURKOWSKI); the Sen- the historical event, this resolution ac- New Mexico.’’ I don’t know if it was ator from Tennessee (Mr. THOMPSON); knowledges the cultural, economic, and that or not. There probably were no the Senator from New Hampshire (Mr. political contributions that these His- intersecting roads in those days. SMITH); the Senator from Utah (Mr. panic settlers of 400 years ago started When they arrived at San Juan Pueb- BENNETT); the Senator from Maine (Ms. in northern New Mexico. So I thank lo on July 11, 1598, they established the COLLINS); the Senator from Oklahoma the majority leader, Senator LOTT, first Spanish capital in the New World. (Mr. NICKLES); the Senator from Mon- Senator DASCHLE the minority leader, They built the San Gabriel chapel and tana (Mr. BURNS); the Senator from and the long list of cosponsors for help- convento. Today, a beautiful replica of Kansas (Mr. ROBERTS); the Senator ing us with this. the San Gabriel chapel stands in the from Idaho (Mr. CRAIG); the Senator I guess right off the bat, it gives me Espan˜ ola Plaza. from Arkansas (Mr. HUTCHINSON); the a great deal of pride to remind Ameri- It is well known that the Spanish Senator from New York (Mr. D’AMATO); cans, especially here in the east where people founded the oldest cities in the Senator from Washington (Mr. this Capitol lies, that the first Spanish America. First, St. Augustine, Florida GORTON); the Senator from Utah (Mr. settlement in New Mexico occurred in was founded in 1565, followed by Santa HATCH); the Senator from Mississippi 1598, when Don Juan de On˜ ate settled Fe, New Mexico, the second oldest city (Mr. COCHRAN); the Senator from Colo- at San Juan Pueblo in the Valley of in what is now the United States. In rado (Mr. ALLARD); the Senator from Espan˜ ola in northern New Mexico. I 1610, Santa Fe was named the capital of Missouri (Mr. BOND); the Senator from might say, if one just remembers the New Mexico making it the oldest cap- Ohio (Mr. DEWINE); the Senator from dates, this event precedes Plymouth ital city in America today. Indiana (Mr. LUGAR); the Senator from Rock, which landing there occurred in Before Santa Fe became the capital Oklahoma (Mr. INHOFE); the Senator 1620. The Spanish settlers arrived in of the New Mexico territory, the San from Michigan (Mr. ABRAHAM); the northern New Mexico 22 years before Gabriel mission served as the first Senator from North Carolina (Mr. Plymouth Rock. And they were also Spanish Capital of New Mexico, begin- FAIRCLOTH); the Senator from Indiana settlers who came from Europe. They ning in 1598. San Gabriel is at San Juan (Mr. COATS); the Senator from North just happened to come from the Span- Pueblo where the Rio Chama meets the Carolina (Mr. HELMS); the Senator ish part of Europe rather than that Rio Grande. Its Indian name was Yunge from Iowa (Mr. GRASSLEY); the Senator part where our rather famous and Oweenge. The designation and renam- from New Hampshire (Mr. GREGG); the much talked about pilgrims came ing of this site by its first Governor, Senator from Tennessee (Mr. FRIST); from. Don Juan de On˜ ate, as San Gabriel del the Senator from Alabama (Mr. SES- So this year we commemorate the Yunge Oweenge marks the first perma- SIONS); the Senator from Hawaii (Mr. brave and adventurous Hispanic fami- nent Spanish settlement in the west. INOUYE); the Senator from California lies who first set roots in this beautiful 1998 marks the 400th Anniversary of (Mrs. FEINSTEIN); the Senator from land of New Mexico. By commemorat- the founding of San Gabriel del Yunge New York (Mr. MOYNIHAN); the Senator ing these early events we are also hon- Oweenge in the Espan˜ ola Valley of from Illinois (Mrs. MOSELEY-BRAUN); oring the important cultural, political, present-day New Mexico. the Senator from Massachusetts (Mr. and economic contributions that those This resolution highlights the impor- KERRY); the Senator from Wisconsin families and their descendants have tance of the Spanish explorations in (Mr. KOHL); the Senator from West Vir- made to enrich our State, and actually America and pays tribute to the grow- ginia (Mr. ROCKEFELLER); the Senator our Nation. ing population of Hispanics who are an- from Arkansas (Mr. BUMPERS); the Sen- This expedition was part of a very ticipated to be twenty percent of our ator from Maryland (Ms. MIKULSKI); large effort to expand the Spanish em- the Senator from Florida (Mr. pire, convert more people to Christian- national population by the year 2030, with a projected population of 60 mil- GRAHAM); the Senator from Nebraska ity, and find great wealth in the new lion Hispanics. Two-thirds of the 26 (Mr. KERREY); the Senator from Con- world. There was great excitement at million Hispanics in America—who necticut (Mr. DODD); the Senator from the beginning of the 16th century about make up eleven percent of our popu- South Carolina (Mr. THURMOND); the these prospects. Spaniards like Hernan lation today—are of Mexican origin, Senator from Virginia (Mr. ROBB); the Cortes and Francisco Pizzaro, cousins and 70 percent of Hispanics live in 4 Senator from Nevada (Mr. BRYAN); the from Medellin and Ciudad Trujillo, left states: California, Texas, New York, Senator from Nevada (Mr. REID); the Spain in the early 1600s to seek their Senator from Louisiana (Ms. fortune and spread the glory of Spain. and Florida. LANDRIEU); the Senator from Washing- When the Mayan gold was taken back New Mexico has the highest percent- ton (Mr. WYDEN); the Senator from to Spain from the Yucatan Peninsula age of Hispanics at 39 percent or about Missouri (Mr. ASHCROFT); the Senator of Mexico in 1517, it fueled the fires of 660,000 residents out of a total 1995 from New Jersey (Mr. LAUTENBERG); enthusiasm for finding the legendary state population of 1.7 million. Albu- the Senator from Vermont (Mr. JEF- Seven Cities of Gold in the New World. querque, New Mexico, will be the site FORDS); the Senator from New Jersey Spanish explorers like Ponce de of a new Hispanic Cultural Center to (Mr. TORRICELLI); the Senator from Leon, Francisco Coronado, and Don celebrate and preserve Hispanic culture Alaska (Mr. STEVENS) be added as co- Juan de On˜ ate explored modern-day including literature, performing arts, sponsors to S. Res. 148, designating America, believe it or not, from Flor- visual arts, music, culinary arts, and 1998) as the Onate Cuartocentenario, ida to California. language arts. the 400th anniversary commemoration Some 400 Spanish settlers led by New Mexico will be the center of of the first permanent Spanish settle- On˜ ate from Santa Barbara, Mexico, many exciting events throughout the ment in New Mexico. through El Paso, Texas, to San Juan year to commemorate this important The PRESIDING OFFICER. Without Pueblo, named by On˜ ate for John the historic milestone. New Mexicans are objection, it is so ordered. Baptist. The soldiers, priests, laymen, looking forward to fiestas, balls, pa- Mr. DOMENICI. As we know, we have families, servants and their 83 wagons rades, and other stimulating events to some procedural rules requiring 51 Sen- and 7,000 animals formed a 2- to 4-mile mark this historic occasion. ators to support a resolution, before it long caravan as they journeyed up the The Archbishop of Santa Fe will be can be considered by the full Senate. I Rio Grande. opening a Jubilee year in January. thank Senators from both sides of the I spoke about this the other night at Among other events, he will hold an aisle. We now have 57 Senators on this a very large gathering in our State for encuentro at Santo Domingo Pueblo to resolution and this number assures the Hispanic Chamber of Commerce. mark the meeting of the missionaries Senate passage. Our resolution declares Sitting at a table with our archbishop, with the Pueblo Peoples. S502 CONGRESSIONAL RECORD — SENATE February 9, 1998 The City of Espan˜ ola will have a fi- the mission of ‘‘La Villa Real de Santa The PRESIDING OFFICER. Without esta in July to commemorate the ac- Fe’’, now well-known as ‘‘Santa Fe.’’ objection, it is so ordered. tual arrival of the Spanish into the Other settlements were soon estab- Mr. WELLSTONE. Madam President, area. Santa Fe, Las Vegas, Taos, lished throughout the Rio Grande Val- I ask unanimous consent that I be able Socorro, Aztec, Albuquerque, and other ley, Arizona, California, Colorado, and to speak for 15 minutes as in morning New Mexico towns and cities will be Texas following the long-established business. holding such special events as fiestas, settlements in Florida. The PRESIDING OFFICER. Is there historic reenactments, a State Fair As much as this resolution com- objection? Without objection, it is so Pageant, a historic Spanish costume memorates the early Spanish settle- ordered. ball, and parades. Seminars and lec- ments on this continent, it is meant to Mr. WELLSTONE. I thank the Chair. tures will abound. do much more. This resolution cele- f State Fair pageant plans include a brates the Hispanic people themselves reenactment of De Vargas’ reentry into and the many contributions they have WHAT IS HAPPENING WITH New Mexico, a review of the Pueblo Re- made to the history of this continent WELFARE REFORM? volt and its ramifications, life under and this country over the last 400 Mr. WELLSTONE. Madam President, the American flag during the middle to years. there were two articles today, one arti- late 1800’s, and a patriotic tribute to Indeed, many Hispanics have earned cle in the New York Times, a front all Hispanics who have fought for the a place in American history. During page story: ‘‘Pessimism Retains Grip United States. This reentry spectacu- the American Revolution, Bernardo de on Region Shaped by War on Poverty,’’ lar will be performed twice before large Galvez, a Spanish aristrocrat and gov- Booneville, KY, eastern Kentucky, Ap- New Mexico State Fair audiences. It ernor of the Spanish province of Lou- palachia. At the same time, there was will also be televised. isiana, was instrumental in helping de- also an editorial in the Minnesota Star This resolution also asks the Presi- feat the British navy and army near Tribune. I ask unanimous consent that dent to issue a proclamation declaring the Gulf of Mexico. both the New York Times piece and 1998 is a year to commemorate the ar- During the Civil War, David Glasgow this editorial be printed in the RECORD. rival of Hispanics and celebrate their Farragut, also of Spanish descent, com- There being no objection, the mate- growth in importance in our nation’s manded a Union naval expedition rial was ordered to be printed in the culture and economy. against the city of New Orleans. Be- This Senate resolution calls upon the RECORD, as follows: cause of his leadership at the battle for people of the United States to support, (From the Minneapolis Star Tribune) Fort Jackson, President Lincoln pro- promote, and participate in the many STATES MUST ASK THE RIGHT QUESTIONS moted Farragut to Rear Admiral. ˜ From Maine to California, governors are Onate Cuartocentenario activities Hispanics have made significant con- being planned to commemorate the celebrating a plunge in the nation’s welfare tributions also in the area of Science. historic event of the first Spanish set- rolls. Some 2 million families have gone off Luis Alvarez, for example, won the tlement in the Southwest Region of the benefits since 1994, and caseloads have fallen Nobel Prize for Physics. Alvarez taught United States. to their lowest level in 27 years. But few offi- Mr President, I ask my colleagues to at University of California-Berkeley cials are asking what seems an obvious ques- and was later instrumental in the de- tion: What became of these families after support Senate Resolution 148, des- they left public assistance? ignating 1998 as the ‘‘On˜ ate velopment of radar at the Massachu- setts Institute of Technology. In 1944, That’s exactly the question posed by seven Cuartocentenario’’ to commemorate Midwestern welfare administrators who have the 400th anniversary of the first Span- he went to work on the development of banded together in implementing the land- ish settlement in New Mexico. the atomic bomb in Los Alamos, New mark 1996 federal welfare-reform law. The Mr. BINGAMAN. Madam President, I Mexico. seven, including Ann Sessoms of Minnesota’s rise to speak about Senate Resolution Of course, I cannot speak of distin- Department of Human Services, recently 148, designating 1998 as the ‘‘Onate guished Hispanics without speaking of traveled to Washington, D.C., to unveil a Cuatro-centenario,’’ the anniversary New Mexico’s own Dennis Chavez, new framework for measuring the success of whom many of my Senate colleagues state welfare experiments. They’re asking commemoration of the first Spanish the right questions, and they deserve support settlement in New Mexico. First, I no doubt remember well. Dennis Cha- vez was one of eight children and from the Clinton administration and their thank my colleague from New Mexico, colleagues. Senator DOMENICI with whom I have through hard work and determination Once upon a time, the fate of families leav- the great pleasure of marking this an- became one of New Mexico’s distin- ing welfare might have been an afterthought. niversary. And I thank my Senate col- guished Congressmen in 1934. Not long The system was self-regulating, in that cli- leagues for co-sponsoring the resolu- after that, he became United States ents who fell on hard times after leaving tion. The bi-partisan support for this Senator, and while in the Senate public assistance could simply re-apply. Cash resolution I believe is indicative of the worked tirelessly for fair employment assistance to families, known as AFDC, was an ‘‘entitlement’’—if you fell below certain broad understanding and appreciation and civil rights legislation. Madam President, I easily can point poverty thresholds, you were entitled to ben- for the cultural contributions that His- efits. panics have made in our American so- to all aspects of our American society, But since Congress passed the Personal Re- ciety. from literature to sports, and identify sponsibility and Work Opportunity Act of This resolution commemorates one of many Hispanic individuals who have 1996, better known as welfare reform, that the most meaningful and significant made significant contributions. It is a self-regulating feature has vanished. States dates of both New Mexico and Amer- tremendous history—indeed, more than can kick families off assistance for many ican history. July 1, 1598 stands out in 400 years of history. Through this reso- reasons—failing to find work, breaking ad- history because it was on that day, al- lution, I wish to help New Mexico and ministrative rules, or simply exhausting most 180 years before the Declaration our Nation celebrate that history. their benefits ‘‘clock,’’ a time limit as short as 18 months in some states. of Independence was signed in Philadel- Thank you, Madam President. The federal law requires states to submit phia, that a small group of Spanish pio- Mr. DOMENICI. I yield the floor. lots of data on the number of clients who re- neers ventured north from Mexico, up The PRESIDING OFFICER. Who ceive benefits and who find jobs, but it is al- the Rio Grande Valley and settled in yields time? most silent on the issue of family well-being what is now North-Central New Mex- Mr. KENNEDY. I suggest the absence after clients leave welfare. As federal bu- ico. The settlers, led by Don Juan de of a quorum, with the time to be reaucrats draft new reporting requirements, Onate, established a small mission at charged equally. there’s a danger that Washington and the the confluence of the Rio Chama and The PRESIDING OFFICER. The governors will define ‘‘success’’ as merely the Rio Grande and next to an Indian clerk will call the roll. cutting caseloads. The legislative clerk proceeded to Sessoms and her colleagues have a more Pueblo the inhabitants called ‘‘Ohke.’’ robust definition. They’d like to know if cli- The Spanish settlers named their mis- call the roll. ents are earning enough money to rise out of sion San Gabriel de los Espanoles. Mr. WELLSTONE. Madam President, poverty, if they’re finding safe day care, From San Gabriel, Spanish families I ask unanimous consent that the order whether their children are seeing a doctor moved outward and, in 1610 established for the quorum call be rescinded. and attending school, whether marriages are February 9, 1998 CONGRESSIONAL RECORD — SENATE S503 holding together or breaking apart. Min- residents, the booming national economy is its. The team also helped set up a second- nesota’s Department of Human Services has something they hear about only on tele- hand shop that employs welfare recipients so decided to track many of these questions for vision. that they can fulfill new state regulations its own clients. But the nation needs com- More than 46 percent live in poverty, as de- that require them to find a job in two years parable measurements, so that governors fined by the Government. The median house- or lose benefits. Next to the shop is a credit have the right incentives and so Washington hold income of $8,595 is one of the lowest in union that offers low-interest loans and a can compare results of the 50 state welfare Appalachia. Almost half of the adults are un- generous matched-savings program. experiments. employed. About two-thirds of the people in The state welfare agency has set up a pilot This is an ambitious, even intrusive, list of the county receive Federal assistance, 30 per- program for recipients that teaches ‘‘job questions. But then, these were the very cent of county families do not have tele- readiness skills,’’ including how to write a questions that prompted welfare reform in phones, and 20 percent do not have cars. resume and how to fill out a job application. the first place. It’s worth remembering that More than half the adult population is il- Yet every initiative pits the action team Congress didn’t tackle welfare reform be- literate. and Government agencies against an intrac- cause caseloads were rising—they were al- But perhaps most critical of all, with the table pessimism built on decades of de- ready falling by 1996. It wasn’t because as- coal industry long gone as a major employer pressed conditions that are visible every- sistance costs were climbing—cash welfare and job creation minimal and sporadic, feel- where: piles of garbage heaped into creeks to families has been stable at less than 2 per- ings of hopelessness have become so deeply and ravings because people cannot afford the cent of the federal budget since Richard entrenched that many residents have long $12 monthly fee for trash removal; land- Nixon was in office. It was because welfare forsaken any expectation of bettering them- scapes of rusting cars, some from the 1950’s, was seen as a failed program that fostered selves. and the crumbling shell of the Seale theater, other social pathologies: idleness, drug use, Even a generous new program to encourage which last showed a movie, ‘‘Silver Bullet,’’ broken marriages and neglected children. savings is struggling to win participants. in 1985. Having blamed welfare for these problems, it Through a foundation grant to finance a $6- But many residents say the prevailing atti- seems only fair to find out whether welfare to-$1 match, residents can deposit up to $15 a tude in the county, particularly among those reform is solving them. month for two years, a total of $360, and re- receiving state and Federal entitlement ben- ceive back $2,520. The program began in May efits, is that no amount of help and instruc- [From the New York Times, Feb. 9, 1998] to encourage low-income people to set aside tion is going to make a difference. According PESSIMISM RETAINS GRIP ON APPALACHIAN money for home improvements, a new busi- to the most recent state statistics, 14.3 per- POOR ness or school. cent of Owsley residents receive welfare ben- (By Michael Janofsky) Eight people are participating. efits, 20 percent receive benefits through the There is an area of Booneville that some ‘‘The overriding theory of the program Federal assistance program for disabled peo- residents call Ho Chi Minh City for its third works against the mentality that is deeply ple known as Supplemental Security Income world appearance. It is not large, just a few set within people who live in poverty,’’ said and almost half receive food stamps. winding gravel roads. But many of the the program administrator, Jennifer Hart. Mr. Hoffman, 47, a member of the action houses look like shanties, heated with wood ‘‘They don’t think they have a future. If they team, grew almost angry, talking about the or coal. Children walk around with dirty did, they would think about it and delay in- conditions in much of Appalachia. ‘‘Poverty bare feet. Many people lack telephones and stant gratification. But they have no reason is not about money,’’ he said. ‘‘It’s in the cars. to. And they can’t. They can only think mind. It’s a way of life. Once you’re in that In many respects, this little corner of Ap- about how they are going to feed the chil- cycle you think you can’t break out of it. I palachia looks much as it did 30 years ago, dren this week and pay the rent this month.’’ don’t know why people think that way, but when President Lyndon B. Johnson declared Even many of the 70 seniors at Owsley they become a prisoner of it. It took us three a war on poverty, taking special aim at the County High School this year sense the in- generations to get into this mess, and it’s rural decay in places like Owsley County, evitability of spending their lives in poverty, going to take us three generations to get out here in eastern Kentucky, and other dis- unchanged from their parents’ situations. of it.’’ tressed areas in the 399 counties of 13 states The Hoffmans’ 17-year-old daughter, Members of the team say many parents that make up Appalachia. Megan, a top student and an athlete who has urge their children to try to go to special Federal and state agencies have plowed bil- been accepted to four state colleges, thinks education classes at school as a way to prove lions of dollars into Appalachia through eco- of her classmates with chagrin. that they are eligible for disability benefits. nomic development programs, highway con- ‘‘Many of them think things are never ‘‘That shows how creative people are when struction and job-creation initiatives to help going to get any better,’’ she said. ‘‘It’s pret- there are no jobs,’’ said Jeanne Gage, the di- residents overcome the economic and psy- ty sad. Kids feel, ‘I don’t think I can make a rector of the sustainable communities initia- chological isolation caused by poverty and difference.’ They don’t seem to want to tive for the Mountain Association. ‘‘You the rugged terrain. change or care.’’ learn how to work the system.’’ But a tour of Booneville offers ample evi- When the senior class voted on the mes- But as the system is changing, that could dence that money and countless programs sage to print on their T-shirts this year, an have a devastating effect on Owsley County have had only marginal effects on breaking a annual custom, they chose: ‘‘I came, I slept. without more jobs. cycle of poverty and despair that continues I graduated.’’ Megan said fewer than 25 per- Pam Barrett, 32, a divorced mother of a 17- throughout many parts of Appalachia. And cent plan to attend college. year-old daughter and two sons, 11 and 10, is conditions could grow worse before they im- As elsewhere in Appalachia, the feelings of beginning to feel the pinch. Living with her prove. hopelessness prevail despite energetic efforts 38-year-old former husband, who receives With state welfare regulations forcing re- by Government and private groups like the $438 a month in disability benefits for bad cipients to find work and with the Federal Mountain Association for Community Eco- nerves and a spine injury, she began working Government reviewing the eligibility of chil- nomic Development, a 21-year-old organiza- 20 hours a week at the secondhand shop two dren who receive disability benefits, many tion in Berea that helps community groups months ago. She plans to use some of the Owsley County residents could lose vital in 49 counties around the state. money for her daughter, Jennifer, who ex- monthly checks that they have relied on for In Owsley it provides a ray of hope through pects to receive an athletic scholarship and years. More than half of the people in the self-help programs like job-training classes, start college in the fall. county who receive those benefits are chil- courses on starting a business and agencies ‘‘She has the chance I passed up to have dren. that make low-interest loans. It also aids in three young’uns,’’ Ms. Barrett said. ‘‘I quit Viewing those prospects, some residents recruiting companies into the area, a mighty school in the eighth grade to get married. I sound much like people who have criticized challenge in Booneville, with its remote lo- was 15. He was 21. I’ve regretted it ever since. entitlement programs for stagnating inner cation and lack of services. The town has And young’uns having babies is going on cities. two restaurants, three groceries and one den- right today. But I tell you what, you learn ‘‘The war on poverty was the worst thing tist. And while it has three doctors the near- from your mistakes.’’ that ever happened to Appalachia,’’ said est hospital is an hour away. Farmers like the Hoffmans, who rely on to- Denise Hoffman, 46, who runs a small farm To attack the worse of rural poverty, the bacco as their leading cash crop, are endur- here with her husband, Neil. ‘‘It gave people association created ‘‘action teams’’ six years ing another anxiety, waiting to see how the a way to get by without having to do any ago for the most distressed counties, Owsley litigation between cigarette companies and work.’’ and Letcher. In each, officials work closely Federal and state governments might affect By many measures, Appalachia remains with local leaders to convince residents that small growers. mired in poverty. In about one-quarter of the they can lead more productive lives. Action team members and government of- highland region’s counties, according to data The efforts take many forms. In ficials working to turn around the fortunes from the 1990 census, 25 percent or more of Booneville, the team helped bring Image of Owsley County all say their efforts are residents live below the poverty level as de- Entry, a data-entry company that created 58 paying off, even against an enormous tide of fined by the Federal Government. That rate jobs, onto a site that local leaders hope will negativism that now touches some of those is nearly double the national average. become an industrial park. Team members who are succeeding. Owsley County, with a population of 5,400, helped start associations for goat breeders Megan Hoffman said, ‘‘I have really en- is one of the most distressed areas. To many and vegetable growers, to increase their prof- joyed growing up here.’’ But asked whether S504 CONGRESSIONAL RECORD — SENATE February 9, 1998 she planned to return after college, she said: What kind of jobs do these mothers Last week, several of the people who ‘‘No. There is nothing here. There is nothing now have? Do they pay a living wage? have been telling that story for several to come back to.’’ Where are the children? Is it decent years were here in Washington. Father The president of the Mountain Association, Ralph Solis, who is the parish priest Don Harker, said that attitude would be dif- child care? And the interesting thing is ficult to change any time soon. that hardly anywhere in the country do for Sierra Blanca, led a delegation of ‘‘We have an immense amount of work to we have the data. I can’t get answers to Texans who told us of the anger and do to bring up the prosperity levels of Appa- those questions. the anguish of the people of Sierra lachia,’’ Mr. Harker said. ‘‘To give people So, the amendment that I am going Blanca. It is not just the people of Si- hope, we have to change the whole dynamic. to have on the floor of the Senate soon erra Blanca who are organizing. Citi- To give people a reason to believe things can will essentially call on States to pro- zens from all over Texas, from cities be different than they are, we have to change vide to Health and Human Services and towns through which radioactive their expectations. ‘‘I know we can do it,’’ he said. ‘‘But I data, let’s say, every 6 months as to waste will be passing on its way to Si- don’t think it will be done in my lifetime.’’ how many families are actually reach- erra Blanca, are all demanding that their voices be heard. The newspaper Mr. WELLSTONE. Madam President, ing economic self-sufficiency. I am not trying to bias the conclu- columnist Molly Ivins has written I just want to read one part of the edi- sion one way or the other, but since, that, ‘‘This is community action and torial today in the Star Tribune: depending on the State 3 years from local organizing at its very best.’’ I But since Congress passed the Personal Re- now or 2 years from now or a year and couldn’t agree more. sponsibility and Work Opportunity Act, bet- ter known as welfare reform, that self-regu- a half from now or 4 years from now, Let me tell you something about Si- lated feature has vanished. States can kick there is a drop-dead date certain where erra Blanca. It is a small town in one families off assistance for many reasons— all these children—women and chil- of the poorest areas of Texas. The aver- failing to find work, breaking administrative dren—will be removed from any assist- age income of the people who live there rules, or simply exhausting their benefits ance, we ought to know what is hap- is less than $8,000 a year, and 39 percent ‘‘clock,’’ a time as short as 18 months in pening. That is all I am saying to col- of them live below the poverty line. some states. leagues, let’s have the data, let’s make Over 66 percent of the residents are The context for this piece was that sure we know what is happening to Mexican American, and many speak seven Midwestern welfare administra- those families. That will be an amend- only Spanish. It is a town that already tors have banded together, and they ment I will bring to the floor soon. has one of the largest sewage sludge want us to ask questions about what is The second amendment I want to projects in the world. Every week, 250 happening with the welfare bill in the mention today is, I think, very much tons of partially treated sludge are country. within the same context and, I think, brought to Sierra Blanca. I just want to say to colleagues that important. Around the country, as I So why has Sierra Blanca been tar- we would be making a mistake if we as- travel, I cannot believe how many geted with both a sewage sludge sumed that 2 million fewer families on women who are in a community col- project and a radioactive dump? I am welfare meant also that we had 2 mil- lege, who are on the path to economic firmly convinced the issue here is one lion fewer families that were poor in self-sufficiency in school, are now of environmental justice. The tragedy America. What the New York Times being told that they have to go to of Sierra Blanca is part of the larger front page article points to—and I had work. It may be a $5.50-an-hour job, but and very disturbing pattern across the a chance to visit Letcher County, KY, they are essentially told they can no country. In far too many instances, this summer—what this editorial longer be in school. poor people of color simply don’t have speaks to, I think, is a really impor- Madam President, I would argue that the political clout to keep the pollu- tant question. this is very shortsighted. This is very tion out of their communities. Studies I am going to have an amendment shortsighted. As a matter of fact, if by the United Church of Christ’s Com- that I am going to offer on the first bill these women can complete their 2 mission for Racial Justice, for exam- that is appropriate which essentially years in the community college or even ple, found that race was the single best says this: We cannot automatically get a 4-year degree, they and their fam- predictor of the location of commercial equate reduction in caseload with re- ilies will be much better off. hazardous waste facilities, and Texas duction in poverty, and what we need So the second amendment I am going was second only to California in the to know as responsible policymakers is to offer will essentially call for a stu- number of such facilities located in what is happening with these families. dent exemption. It will say, let’s let communities with above-average per- When I say ‘‘these families,’’ I am these welfare mothers pursue and com- centage of minorities. I don’t think really talking about, in the main, plete their education. They and their that is a coincidence. women and children. I know that in my families will be much better off. I hope Let me be clear about one thing, Mr. travels around the country—and I do that the community colleges and the President. Sierra Blanca is not being no damage to the truth, I don’t think I universities will speak up for these singled out because its residents are exaggerate at all—I met too many fam- families, because they know what is unusually fond of waste. In April 1992, ilies where, as it turns out, 3- and 4- happening. This is, I think, a profound the Texas Waste Authority commis- year-olds were home alone. The single mistake. sioned a telephone poll of surrounding parent is working now, but the child f communities, areas where the poorest care has not been worked out. Or it is residents don’t even have telephones, a very ad hoc child care arrangement, SIERRA BLANCA and they found that 64 percent of the hardly what any of us would like for Mr. WELLSTONE. Madam President, people oppose the dump. But you don’t our own children, not really good de- I want to move on and talk about a re- need a poll to tell you that. Just show velopmental child care. lated topic, in fact, very related, and up at any town meeting or any licens- In addition, too many first and sec- this is a discussion that is urgent and ing hearing. Local residents are often ond graders, I said before on the floor long overdue. It has to do with the bill, angry and emotional about their com- of the Senate, are now going home S. 270, that would result in the dump- munity being turned into a radioactive alone because their single parent, the ing of low-level radioactive waste in a dump. And they have every right to be. mother, is working, but there is no- small, poor, majority Latino commu- Let us be clear about one other thing body there to take care of them when nity in rural west Texas. I want to stop as well. Science does not explain the they are home. First and second grad- that from happening, not only in Si- selection of Sierra Blanca, either. In ers are going home sometimes in some erra Blanca, but in poor minority com- the early 1980s, the Texas Waste Au- very dangerous neighborhoods. munities all over this country. thority screened the entire State to It is also true, Madam President, The best way to get this conversation find the most scientifically appropriate that wherever I travel, when I am told going, which is a conversation about site. Their engineering consultants, in any given State we have reduced the environmental justice, is to make sure Dames & Moore, concluded that the Si- welfare rolls by X number of families, that the story of Sierra Blanca gets erra Blanca site was unsuitable for a the question I have is, where are they? told, and it is an incredible story. nuclear dump because of its complex February 9, 1998 CONGRESSIONAL RECORD — SENATE S505 geology. But, lo and behold, that was I will have one other amendment friend, even though we do not always the site that was chosen. which just says that if we approve the agree on issues. But one thing we do You will hear again and again from Compact, but it turns out that it can agree on is we respect people who work colleagues on the other side that this be proven that this has a discrimina- hard on things that they believe in. We siting decision is a purely local matter. tory effect on a community of color or respect people who live by the words It is not. The most obvious reason is low-income people, then they have the they speak. Frank Strukel was that that it is up to the Congress to ratify right to go to court. If those amend- way. Frank Strukel is that way. this Compact between Texas, Maine, ments pass, then this Compact will I am hoping and praying he will and Vermont. Without the Compact, it pass the floor of the Senate. somehow figure out a way to defeat is unlikely there will be a dump. With- Mr. President, I do believe that the this disease. He said that night he is out the upfront payments from the people of Sierra Blanca and hundreds of going to be with us for a long time. I other States, where is the construction minority communities just like them hope and pray that is the case. I prom- money going to come from? And by the from around the country have not been ised him that I would say on the floor Texas Waste Authority’s own projec- given their due. But we can make the of the Senate that Frank Strukel has tions, the dump will not be economi- system work. I am firmly convinced of been one heck of a hell-raising labor cally viable if Maine and Vermont do that. Sometimes justice needs a second organizer. And he has been just that. not sign up in advance. Texas does not chance. Sometimes it needs a little Mr. President, I yield the floor. generate enough waste. push. And over the next few weeks, I The PRESIDING OFFICER (Mr. SES- There are other reasons why this de- think we are going to give justice a SIONS). Who yields time? bate rises above the purely local level. second chance on the floor of the U.S. Mr. ABRAHAM addressed the Chair. If the Texas Compact passes the Sen- Senate. The PRESIDING OFFICER. Does the ate, it is entirely possible that Sierra I am hoping that these amendments Senator from Missouri yield time or— Blanca will become the low-level radio- will be accepted. I believe that would Mr. ASHCROFT. Mr. President, I active waste dump for the entire coun- be the right thing to do. I think there suggest the absence of a quorum. try. Backers of the Compact say that should be strong bipartisan support for The PRESIDING OFFICER. The that is not their plan. They say no that. If that does not happen, then I am clerk will call the roll. other States besides Maine and Ver- prepared to use all of the hours on the The bill clerk proceeded to call the mont will ship waste to Texas. If that floor of the U.S. Senate that I have at roll. is the case, then I propose a solution. my disposal as a Senator—and I will Mr. ABRAHAM. Mr. President, I ask And I am hoping there will be support use those many hours—to talk about unanimous consent that the order for for this. environmental justice in this country. the quorum call be rescinded. Let the Senate agree to an amend- Over and over and over again, we es- The PRESIDING OFFICER. Without ment I want to offer, which is just like sentially take this waste and we dump objection, it is so ordered. the Doggett amendment that passed it, right on the heads of low-income Mr. ABRAHAM. Mr. President, I ask the House, limiting the Compact to people. Over and over and over again, unanimous consent that I be able to Maine and Vermont. Now, it seems to we look to the communities of color, speak as in morning business for up to me, if the argument is being made that we look to poor communities, we look 5 minutes. the only waste that is going to come to to the communities that are not the The PRESIDING OFFICER. Without Texas is from Maine and Vermont, heavy hitters, that are not well con- objection, it is so ordered. then let us just pass that amendment. nected, and this is where we put it. Mr. ABRAHAM. Thank you, Mr. And let us be clear about it. Then the This happens all across the country. I President. debate is over. can bring to the floor of the Senate Mr. HARKIN. Sorry? What was that But we cannot shirk our responsibil- study after study after study that show request? ities by pretending that this is nothing that. I can marshal the evidence. I am Mr. ABRAHAM. To speak as in morn- more than a State or local affair. The hoping that we will agree that this ing business for up to 5 minutes. Sierra Blanca dump is unlikely to be Compact will be something we can Mr. HARKIN. Oh. built if the Senate rejects this Com- pass, if we make it clear that the waste f pact. But if the Senate approves this can only come from Maine and Ver- CONCERNING RECENT Compact, Sierra Blanca may become mont. If not, I think for the first time NATURALIZATION DEVELOPMENTS the Nation’s premier dump site for low- on the floor of the U.S. Senate we will Mr. ABRAHAM. Mr. President, I level radioactive waste. It is that sim- have a really—maybe not the first ple. come to the floor today in my capacity time—but we will certainly have a very as chairman of the Immigration Sub- The Senate vote will largely deter- thorough and important debate, I committee to call my colleagues’ at- mine whether or not a grave injustice think, about environmental justice. tention to some recent developments in is inflicted on a community that de- f serves no such thing. It would be easy the naturalization area, some of which for all of us to turn our backs and just TRIBUTE TO FRANK STRUKEL are extremely serious. ignore this issue. But there is no way Mr. WELLSTONE. Finally, Mr. Presi- As many of you may have read in to- for the Senate to wash its hands of this dent—I know other colleagues are on day’s Washington Post or the Los An- business. For good or ill, we bear moral the floor. I just looked back and I saw geles Times, Coopers & Lybrand today responsibility for what happens to the Senator KENNEDY from Massachusetts, unveiled its recommendations to the people of Sierra Blanca. This is a who I think has been the best labor Justice Department for reengineering wrong that richly deserves to be Senator maybe in the history of the the naturalization process. After a righted. And we have the power to do country. Maybe along with Senator year-long review, Coopers & Lybrand just that. Metzenbaum. has developed what it is calling a Mr. President, again, let me just It was Saturday night, and I prom- ‘‘blueprint for a new naturalization make it clear that this is an issue of ised myself I would do this. I want to process,’’ which would involve a com- environmental justice. It is a David make this a part of the official RECORD plete overhaul of that process. Given versus Goliath fight. There are lots of of the U.S. Senate. Saturday night, on what we have seen in the past in this big guns in here that are pushing for the Iron Range in Eveleth, MN, there area—particularly in the area of crimi- this waste dump site. But we have one was at a gathering to honor a man nal background checks—a reworking of thing on our side. My colleagues have named Frank Strukel who has been one the entire process is certainly needed said, ‘‘Rest assured, this will only be great labor organizer. He is struggling and Congress should be involved in any waste from Maine and Vermont that with ALS, which is commonly called redesign. Coopers & Lybrand has pre- will go to Texas.’’ I say, if that is the Lou Gehrig’s disease. His friends from pared us with what is essentially a case, please support the Doggett all over the State of Minnesota came solid outline for a streamlined, more amendment. It has already passed the to honor him. He should be honored. automated and more centralized natu- House of Representatives. Then we can I see my colleagues—Senator ralization system. Of course, many de- go forward. ASHCROFT, who happens to be a good tails remain to be worked out, but I am S506 CONGRESSIONAL RECORD — SENATE February 9, 1998 genuinely pleased with many aspects of right to be naturalized and become and preventing disease, injury, and pre- the Coopers & Lybrand recommenda- citizens have the opportunity to do so mature death. tions for redesigning the process. I in a timely manner, and so that every- Mr. President, let there be no mis- hope the administration will take one, both the people who are waiting in take, the position of Surgeon General those recommendations seriously. For those lines who ultimately will become is an important one. Americans look to far too long, the naturalization process naturalized and those who are already our Nation’s top medical official for has been characterized by intolerable citizens, will have confidence that the leadership and guidance on a number of backlogs, very poor customer service, people who are becoming citizens have critical health care issues. For exam- and, of course, unfortunate examples of met the standards and the criteria ple, one of our most honored Surgeons outright fraud and mismanagement. which the Congress has established for General, Dr. C. Everett Koop, used the Unfortunately, just today we also doing so. That means, Mr. President, office’s bully pulpit to further public learned the results of a separate review close scrutiny of the current system, awareness of the dangers of smoking, of the current naturalization process. close scrutiny of the proposed rec- and he was a courageous advocate for That review was conducted by the De- ommendations by Coopers & Lybrand, public health measures to address the partment of Justice and by KPMG Peat and action, I believe, ultimately by the growing AIDS crisis. Now those are big Marwick. In a review of roughly 5,500 INS and Congress to move us in the shoes to fill, but I can think of no one naturalization files selected at random right direction. more qualified or capable than Dr. over a 1-year period, it was determined I am very disturbed by the report we David Satcher. that 90.8 percent of the files contained received today, but I hope that will In 1992, I worked with former CDC Di- at least one significant processing form the basis for all of us to work to- rector William Roper to change the error, and a total of 87.7 percent of the gether to find the right solutions. name of the CDC from the Centers for files had insufficient documentation in I yield the floor. Disease Control to the Centers for Dis- the file to support a proper naturaliza- f ease Control and Prevention. We added tion decision. the word ‘‘prevention’’ to the name. The bottom line is that we can be EXECUTIVE SESSION Now, Dr. Roper has moved on, but confident that naturalization was prop- f under Dr. Satcher’s direction the CDCP er in only 8.6 percent of the 1,049,867 NOMINATION OF DAVID SATCHER, has truly lived up to its new name. cases naturalized between August 1995 OF TENNESSEE, TO BE AN AS- Since he took the helm, Dr. Satcher and September 1996. Mr. President, SISTANT SECRETARY OF has spearheaded a child immunization clearly these statistics are alarming HEALTH AND HUMAN SERVICES, initiative, upgraded the Nation’s abil- and appalling. I don’t doubt that most MEDICAL DIRECTOR OF THE ity to detect and respond to emerging of the cases involved were, in fact, PUBLIC HEALTH SERVICE, AND infectious diseases, and he has ex- properly naturalized. But because of SURGEON GENERAL OF THE panded the participation in the agen- the system that is currently in place, PUBLIC HEALTH SERVICE cy’s breast and cervical cancer screen- we not only have enormous backlogs in ing program. the naturalization process but we can- The Senate continued with the con- Dr. Satcher has taken the lead in cre- not determine on a case-by-case basis sideration of the nomination. ating an early warning system to de- whether naturalization decisions have Mr. HARKIN. Mr. President, I am tect and prevent food-borne illnesses been made correctly. proud today to speak in support of the and did the bulk of the work on the In my judgment, any redesign of the confirmation of Dr. David Satcher to first-ever Surgeon General’s Report on naturalization process must ensure a be our Nation’s Surgeon General and Physical Activity and Health, which 100 percent level of compliance. So, in Assistant Secretary of Health. outlined ways in which all types of the coming weeks, I plan to hold hear- I want to speak about Dr. Satcher’s Americans can be more physically ac- ings at which the Senate Immigration qualifications for these important jobs, tive. These initiatives have been very Subcommittee can explore the Coopers but first I want to quickly comment on successful, and they have made the & Lybrand proposal—which at this the circumstances that have led to the CDCP renowned worldwide for its lead- point is simply a blueprint—in more delay of our consideration of his nomi- ership on prevention efforts. detail and so that we can get to the nation. I think the course of events As many of you may know—and I bottom of the complete breakdown of that have taken place is very unfortu- will probably repeat a lot what has the process I have described here nate. I think whenever we let certain been said here, but I think it is worth today. political views interfere with the pub- repeating—Dr. Satcher has a distin- In particular, we need to examine lic health, we are doing the American guished background. President of some open issues in the redesign pro- people a great disservice. It has been 3 Meharry Medical College from 1982 posal, such as who would conduct the years since we have had a Surgeon until he was named Director of the tests that are given with respect to General. That has not been good for CDCP in 1993. At Meharry, he gained English proficiency and civics and this country. It has created a vacuum national recognition as an able admin- what those tests should contain. Given of leadership on public health issues. I istrator, and his leadership has been the recent indictments in California hope that once everyone has had a accorded wide recognition. for fraud in citizenship testing, in chance to voice his or her opinion on In 1986, he was elected to the Insti- which 20 defendants have been indicted his nomination we can quickly move tute of Medicine of the National Acad- for nationwide fraud in this area, we ahead and fill the longstanding va- emy of Sciences for his leadership must take a close look at the extent of cancy. skills. the fraud in the testing process and we Mr. President, as chairman and as In 1996, Dr. Satcher received the pres- must reform the system to eradicate now ranking Democrat on the Appro- tigious Dr. Nathan B. Davis Award for any future wrongdoing in connection priations Subcommittee on Labor, outstanding public service to advance with citizenship testing. Health and Human Services, I have had the public health. He has also received As a proponent of legal immigration the pleasure of working very closely Ebony Magazine’s American Black and the value of naturalization, I do with Dr. David Satcher since he has Achievement Award in Business and not come at this in any way trying to been the head of the Centers for Dis- the Professions in 1994, and the Breslow undercut the naturalization system. ease Control and Prevention in At- Award for Excellence in Public Health Yet recent information suggests such a lanta. Over the past 4 years, he has di- in 1995. complete breakdown that the process rected the CDCP with integrity, com- Most recently, Dr. Satcher has re- has to be redesigned to eradicate the passion, and a commonsense approach. ceived the James D. Bruce Memorial fraud and the mismanagement that has Because of his leadership, the Centers Award for distinguished contributions characterized this system. for Disease Control and Prevention has in preventative medicine from the What we need to do is strike the successfully addressed some of the American College of Physicians. He has right balance, Mr. President, so that most pressing public health challenges received the John Stearns Award for the people who deserve and have the facing our Nation by promoting health Lifetime Achievement in Medicine February 9, 1998 CONGRESSIONAL RECORD — SENATE S507 from the New York Academy of Medi- doctors, researchers, those involved in doesn’t have the laboratory, the cine, and the Surgeon General’s Medal- gene therapy, those who have been in- money, or the wherewithal. I think lion for significant and noteworthy volved in cloning research in the past, most researchers and policymakers contributions to the health of the Na- to hear their views on this. And then that I know who know of this person tion. out of this, perhaps we can develop a say that he is both out of the main- These awards all testify to the fact more reasoned, logical, bipartisan ap- stream and that his plans for cloning that Dr. Satcher is a talented, compas- proach on the issue of cloning research. are, at the very least, premature. sionate doctor, researcher and adminis- So I have to ask, what is this so- Now, again, from all that I have trator who, throughout his career, has called rush? Why bring it out on the read—and now I have seen him on tele- committed himself to caring for those floor like this without the proper kind vision—I think that Mr. Seed is more less fortunate and to focusing on pre- of hearings, because there is a hidden interested in getting his name in the ventative health care. Dr. Satcher’s political agenda? Is this to inflame paper than actually carrying out any lifelong commitment to improving the fears among people? Well, I hope not. legitimate scientific research. This is health of the American people began To take away that apprehension, I the unfortunate part of it. Why should not long after he survived a near fatal think the best thing would be to refer the irresponsible actions of an individ- brush with whooping cough as a child. this to committee and have hearings ual like Mr. Seed lead to irresponsible Because of this experience, he under- on it. I serve on the Labor, Health and actions on our part, because that is ex- stands how important it is to have a Human Services Committee, and I actly what we are doing? Is Mr. Seed Surgeon General who communicates would assume that committee would be irresponsible? I believe so, absolutely. clearly with the people about health- the proper one to have the hearings, at As I said, he doesn’t have the expertise, related issues and policies that can lit- least some of them, plus those on the the lab, or the wherewithal to even erally save their lives. He has strong House side. So I want to speak about it carry out this research. So he is mak- ing very irrational, irresponsible, in- and practical positions on ways to im- in that context. flammatory statements. But then why prove the public health, and as Surgeon Mr. President, each year, too many should we respond irresponsibly? I General and Assistant Secretary of of our loved ones suffer terribly. They think we should respond responsibly Health, he will provide a positive and are taken away from us by diseases and very carefully to an area of sci- articulate voice on some of our Na- like cancer, heart disease and Alz- heimer’s. For many years, I have entific research that can hold so much tion’s most important health issues. promise to alleviate pain and suffering The Atlanta Journal and Constitu- worked hard to expand research into and premature death all around the tion stated in an editorial endorsing finding cures and preventative meas- world. Dr. Satcher: ures and improve treatments for the many conditions that rob us of our Let’s not act irresponsibly because He is the right man at the right time for one person in America has spoken irre- these positions. health. Over the last several years, there have been major breakthroughs sponsibly. S. 1601, the bill we will be I can think of no truer statement, having a cloture vote on tomorrow, in medical research. We need to make Mr. President. So I look forward to bans the use of cloning technology sure that our world-class scientists concluding this debate, hopefully, on a called somatic cell nuclear transfer. To continue to build on this progress, but positive note. I look forward to seeing create an unfertilized egg cell, even if that we also say to young people who Dr. Satcher confirmed as our Nation’s this egg cell is for research, is totally are in college today, maybe even in Assistant Secretary of Health and Sur- unrelated to the cloning of a human high school, who are thinking of pursu- geon General. America needs a Surgeon being. For example, if the cell is grown ing research careers, that we welcome General. We need that leadership, and under special laboratory conditions, it their inquisitiveness, we welcome their Dr. Satcher is the best person for that does not become a child, or a baby, but experimentation, we want there to be job. instead becomes specific tissue such as no bounds put on their inquiries by a f a muscle, nerve, or skin. rush to judgment by the Congress of Just think of the potential of this HUMAN CLONING PROHIBITION the United States, which is ill-equipped ACT kind of technology. I have looked into to make such a judgment. I think our this a lot over the last several years. Mr. HARKIN. Mr. President, I, as in actions here send a very chilling mes- Science makes genetically identical morning business, want to digress here sage to young people, who want to go tissues and organs for the treatment of just a moment, if I might, to talk a lit- into biomedical research, that some- a vast array of diseases. tle bit about another issue that is how there is going to be the heavy I gave a sort of off-the-cuff set of going to be coming up here tomorrow. hand of ‘‘Big Brother’’ Government comments last summer when this issue I understand we are going to be voting overlooking their research, telling came up with Dolly, the sheep that was on cloture on a bill that has not gone them you can do this but not that, or cloned in Scotland. Dr. Wilmut was at through any committee, hasn’t had you can go no further than that, or you our committee. I talked about the need any hearings. It involves an area of can ask this question, but you can’t to continue research into cloning of science and medicine which very few, if ask that question. I think this bill that cells. I said it was going to happen in any, of us in this entire body are quali- we have, again, pushed before us in this my lifetime. I certainly stand here and fied to vote on with short notice, with- rush, can have that kind of chilling ef- hope that it does. out proper hearings and proper input. fect. Shortly after that, I was at a res- Yet, it’s trying to be rammed through Now, another area of research that taurant in a small town in Iowa. A per- here. I am talking about the bill re- has been ongoing for a long time—this son came up to me, a friend of mine. I garding cloning research. is nothing new—has recently captured went over to their booth to see them. Now, there has been a lot of, I think, public attention. That is the research There was a woman there whom I had undue, inflammatory kinds of state- into cloning, cloning cells. Now, there never met, a rather young woman with ments and comments made about this is a man in Chicago—I don’t know him her husband. I was introduced to them. cloning research. It seems odd to me and I never have met him—and his Just right out of the clear blue she that on something that has so much name is Richard Seed. Well, he caused said, ‘‘Thank you for what you said potential to alleviate human suffering quite a sensation a few weeks ago by about cloning and taking the position and which is also, I will be frank to saying he intends to clone infertile you did on cloning.’’ I don’t even think admit, fraught with perils of ethics and people within the next 2 years. Well, it was in the newspaper. It was on tele- bioethics—it seems odd to me that a when I first heard this, I said, who is vision, I think. CNN may have carried bill of that nature would be rushed so this guy? I never heard of him and I that type of thing. But I was curious as soon to the floor of the Senate. It have been involved in research, medi- to why this young woman, who, if I am seems to me that this is the kind of bill cal research for a long time. Well, I not mistaken, lives on a farm, I be- that ought to go through a lengthy and found out that, quite frankly, he is a lieve—I can’t quite remember that de- involved hearing process, to bring in very irresponsible individual. He tail. I asked her, ‘‘Why are you so in- the best minds, ethicists, physicians, doesn’t have the expertise himself. He terested in this?’’ She said because she S508 CONGRESSIONAL RECORD — SENATE February 9, 1998 has a rare kidney disorder. She is hop- scorned and X-rays were considered [From Time magazine, February 9, 1998] ing because of rejection possibilities witchcraft. But today we don’t think THE CASE FOR CLONING—THE BENEFITS OF that there might come a time when we twice about test tube babies, in vitro THIS BOLD TECHNIQUE OUTWEIGH THE RISKS, could actually grow the kind of tissue fertilization, or organ transplants. AND THE DANGER IS NOT WHAT YOU THINK that would develop into a kidney to re- By J. Madeleine Nash Throughout the 1950s, whenever we An elderly man develops macular degen- place her kidney so that there wouldn’t pushed the bounds of human knowl- be that possibility of rejection. She got eration, a disease that destroys vision. To edge, there has always been a constant bolster his failing eyesight, he receives a it. She understood it. refrain of saying, ‘‘Stop—you are play- transplant of health retinal tissue—cloned That is what we are talking about. ing God.’’ But if a couple did not have from his own cells and cultivated in a lab Those are the kinds of possibilities a baby and decides to seek artificial in- dish. that I believe will happen in my life- A baby girl is born free of the gene that semination, is that playing God? If a time if we do not act irresponsibly and causes Tay-Sachs disease, even though both patient is dying of kidney disease and a irrationally. her parents are carriers. The reason? In the This bill, S. 1601, would make it a doctor decided to transplant healthy embryonic cell from which she was cloned, crime to conduct some research seek- kidneys, is that playing God? If a pa- the flawed gene was replaced with normal DNA. ing to generate stem cells to treat a tient is dying of heart disease and re- ceives a heart transplant, are we play- These futuristic scenarios are not now part wide variety of and a wide range of of the debate over human cloning, but they deadly and disabling diseases. ing God? should be. Spurred by the fear that maverick S. 1601 could ban blood cell therapies Others say that human cloning re- physicist Richard Seed, or someone like him, for diseases such as leukemia and sick- search is demeaning to human nature. will open a cloning clinic, lawmakers are le cell anemia, nerve cell therapies for I am sorry; I don’t think so. I think rushing to enact broad restrictions against Alzheimer’s disease, Parkinson’s dis- human cloning. To date, 19 European nations that any attempt to limit the pursuit have signed an anticloning treaty. The Clin- ease, Lou Gehrig’s disease, and mul- of human knowledge is demeaning to ton Administration backs a proposal that tiple sclerosis. It could ban nerve cell human nature. I think it is the very es- would impose a five-year moratorium. House therapy for spinal cord injuries, a very sence of our humanity to ask how and majority leader Dick Armey has thrown his promising area of research for cloning. why and if and what. I think it is de- weight behind a bill that would ban human It could ban pancreas cells to treat dia- meaning to human nature to raise un- cloning permanently, and at least 18 states betes, skin cell transplants for severe founded fears among the people of are contemplating legislative action of their burns, liver cell transplants for liver own. ‘‘This is the right thing to do, at the America. I think that is demeaning to right time, for the sake of human dignity,’’ damage, muscle cell therapies for mus- human nature. said Armey last week. ‘‘How can you put a cular dystrophy and heart disease. This As I said, I think the finest part and statute of limitations on right and wrong?’’ bill before us could ban research on But hasty legislation could easily be too cartilage cells for reconstruction of the very essence of our human nature restrictive. Last year, for instance, Florida joints damaged by arthritis or injuries. and our humanity is to ask why, how, considered a law that would have barred the It could ban cells for use of genetic and what if. It is our very humanity cloning of human DNA, a routine procedure therapy to treat 5,000 different genetic that compels us to probe the universe in biomedical research. California passed from the subatomic to the cosmos, and, badly worded legislation that temporarily diseases, including cystic fibrosis, Tay- bans not just human cloning but also a pro- Sachs disease, schizophrenia, depres- yes, from blastocysts to the full human anatomy. Our humanity compels us to cedure that shows promise as a new treat- sion, and other diseases. S. 1601 could ment for infertility. permanently ban all of this type of re- do that. Most lawmakers are focused on a night- search. However, I must admit that I think marish vision in which billionaires and ce- In addition, under this bill, scientists it is rightly proper for us as policy- lebrities flood the world with genetic copies could be thrown in jail for 10 years if of themselves. But scientists say it’s un- makers to ask how human cloning re- likely that anyone is going to be churning they conduct this research—research search is going to affect our Nation. It out limited editions Michael Jordan or Mad- which may not have any single thing is right and proper for us to examine eleine Albright. ‘‘Oh, it can be done,’’ says to do with cloning a human being. the use of public funds for scientific re- Dr. Mark Sauer, chief of reproductive endo- Last year, during this hearing on search. crinology at Columbia University’s College human cloning research, someone of Physicians and Surgeons. ‘‘It’s just that asked, ‘‘Are there appropriate limits to But I urge my colleagues to proceed the best people, who could do it, aren’t going human knowledge?’’ Quite frankly, I with caution on this legislation. What to be doing it.’’ Cloning individual human cells, however, responded—and I respond again—to say we are talking about here is not the cloning of a human being. What we are is another matter. Biologists are already that I do not think there are any ap- talking about harnessing for medical pur- propriate limits to human knowledge, talking about is the cloning of cells, and without further research and ap- poses the technique that produced the sheep none whatsoever. I think it is the very called Dolly. They might, for example, ob- essence of our humanity and human propriate regulations, many people will tain healthy cells from a patient with leuke- nature. As long as science is done ethi- die and become ill and spend very, very mia or a burn victim and then transfer the cally and openly and with the informed miserable lives when that could other- nucleus of each cell into an unfertilized egg consent of all parties, I do not think wise be alleviated through this cloning from which the nucleus has been removed. research. Coddled in culture dishes, these embryonic Congress should attempt to place lim- clones—each genetically identical to the pa- its on the pursuit of knowledge. So I have to ask: Why the rush to tient from, which the nuclei cme—would To those who suggest that cloning re- pass hastily drafted legislation on this begin to divide. search is an attempt to play God, I in- very complex technical subject? We The cells would not have to grow unto a vite you to take your ranks alongside need to take the time to consider what fetus, however. The addition of powerful Pope Paul V who, in 1616, persecuted could be the unintended consequences. growth factors could ensure that the clones the great astronomer Galileo for her- The U.S. Congress and the Senate develop only into specialized cells and tissue. esy—for saying that the Earth indeed For the leukemia patient, for example, the should tread very softly before sending cloned cells could provide an infusion of revolved around the Sun and not other- scientists to jail for what could be fresh bone morrow, and for the burn victim, wise. promising research to cure diseases and grafts of brand-new skin. Unlike cells from But we don’t have to go back that disabilities. an unrelated donor, these cloned cells would far. Not too long ago in our Nation’s incur no danger of rejection, patients would Mr. President, there was an article in history, Americans viewed artificial in- be spared the need to take powerful drugs to semination as abhorrent and its use Time Magazine dated February 9, 1998, suppress the immune system. ‘‘Given its po- was banned as being morally repug- called ‘‘The Case for Cloning.’’ I ask tential benefit,’’ says Dr. Robert Winston, a nant—even for animals; even for ani- unanimous consent that this article be fertility expert at London’s Hammersmith mals. There was an attempt to ban ar- printed in the RECORD. Hospital, ‘‘I would argue that it would be un- ethical not to continue this line of re- tificial insemination. Of course, now There being no objection, the mate- search.’’ that is about all we use on the farm rial was ordered to be printed in the There are dangers, but not the ones every- these days. Heart transplants were RECORD, as follows: one’s talking about, according to Princeton February 9, 1998 CONGRESSIONAL RECORD — SENATE S509 University molecular biologist Lee Silver, considered a law that would have barred the Mr. President, I yield the floor and author of Remaking Eden (Avon Books). Sil- cloning of human DNA, a routine procedure suggest the absence of a quorum. ver believes that cloning is the technology in biomedical research. The PRESIDING OFFICER. The that will finally make it possible to apply You might say that’s not what we are clerk will call will roll. genetic engineering to humans. First, par- doing here. But we could be sending the ents will want to banish inherited diseases The bill clerk proceeded to call the like Tay-Sachs. Then they will try to elimi- wrong signals to State legislatures, roll. nate predispositions to alcoholism and obe- again, to try the same thing: Mr. ASHCROFT. Mr. President, I ask sity. In the end, says Silver, they will at- Cloning individual human cells [the writer unanimous consent that the order for tempt to augument normal traits like intel- goes on], however, is another matter. Biolo- the quorum call be rescinded. ligence and athletic prowess. gists are already talking about harnessing The PRESIDING OFFICER. Without Cloning could be vital to that process. At for medical purposes the technique that pro- present, introducing genes into chromosomes duced a sheep called Dolly. They might, for objection, it is so ordered. is very much a hit-or-miss proposition. Sci- example, obtain healthy cells from a patient f entists might achieve the result they intend with leukemia or a burn victim and then EXECUTIVE SESSION once in 20 times, making the procedure far transfer the nucleus of each cell into an too risky to perform on a human embryo. unfertilized egg from which the nucleus has through cloning, however, scientists could been removed. Coddled in culture dishes, make 20 copies of the embryo they wished to these embryonic clones—each genetically NOMINATION OF DAVID SATCHER, modify, greatly boosting their chance of suc- identical to the patient from which the OF TENNESSEE, TO BE AN AS- cess. nuclei came—would begin to divide. SISTANT SECRETARY OF Perhpas now would be a good time to ask The cells would not have to grow into a HEALTH AND HUMAN SERVICES, ourselves which we fear more: that cloning fetus, however. The addition of powerful MEDICAL DIRECTOR OF THE will produce multiple copies of crazed des- growth factors can ensure that the clones de- PUBLIC HEALTH SERVICE, AND pots, as in the film The Boys from Brazil, or velop only into specialized cells and tissue. SURGEON GENERAL OF THE that it will lead to the society portrayed in For the leukemia patient, for example, the PUBLIC HEALTH SERVICE Gattaca, the recent science-fiction thriller cloned cells could provide an infusion of in which genetic enhancement of a privileged fresh bone marrow, and for the burn victim, The Senate continued with the con- few creates a rigid caste structure. By acting grafts of brand-new skin. Unlike cells from sideration of the nomination. sensibly, we might avoid both traps. an unrelated donor, these cloned cells would Mr. MCCAIN. Mr. President, I wish to WHO COULD BENEFIT? incur no danger of rejection, patients would speak briefly about the nomination of Cloning might help patients with Parkin- be spared the need to take powerful drugs to Dr. William Satcher to become the suppress the immune system. son’s and other brain diseases by providing United States Surgeon General and As- them with neural tissue that is genetically And this, I think, says it all: identical to their own. sistant Secretary of Health and Human Given its potential benefit,’’ says Dr. Rob- Services. Burn victims could receive soft, new skin, ert Winston, a fertility expert at London’s which would be grown in a laboratory and Hammersmith Hospital, ‘‘I would argue that I have been closely following the wrapped around injured areas like a bandage. it would be unethical not to continue this Senate debate regarding Dr. Satcher’s Patients with chronic myelogenous leuke- line of research. nomination and his qualifications to mia could gain reliable source of healthy serve as the next Surgeon General and bone marrow, which might eventually result Mr. President, I hope that tomorrow, in a cure. when we vote on this, that the Senate Assistant Secretary of Health and Combined with gene therapy, cloning may will choose to be on the side of the Human Services. In particular, I found make it possible for scientists to eliminate Galileos, those who want to expand his views regarding partial birth abor- the transmission of Tay-Sachs and other in- human knowledge, those who will not tion and his role in clinical AZT trials herited diseases. be constricted by outmoded and out- to treat patients infected with HIV in Mr. HARKIN. Mr. President, for ex- dated ideas, who understand it’s the Africa and Southeast Asia disturbing. ample, I want to read a couple of very nature of our humanity to ask While Dr. Satcher initially expressed things from the article. It says: how and why and what if. No, not to be his opposition to partial birth abor- House Majority Leader Dick Armey has on the side of those who wanted to tions, he also stated that he shares thrown his weight behind a bill that would keep the Sun moving around the Earth, President Clinton’s view that a ban on ban human cloning permanently. ‘‘This is this procedure should include an excep- the right thing to do, at the right time, for but to be on the side of progress and the sake of human dignity,’’ said Armey. advancement, enlightenment and un- tion for cases in which the procedure ‘‘How can you put a statute of limitations on limited human potential. might be needed to protect the health right and wrong?’’ S. 1601 needs to be amended dras- of a pregnant woman. This raises seri- Right and wrong? It is wrong to con- tically. Frankly, it needs to be sent to ous concerns for me, since I am ada- duct cloning research that might en- committee. There is no rush. Dr. mantly opposed to partial birth abor- able us to grow a liver out of a person’s Seed—is that his name? Yes, Dr. Seed tions except to save the life of a own DNA? To grow skin out of a per- from Chicago is not going to clone any woman. This is a procedure which is in- son’s own DNA? Perhaps even to grow human being. No reputable scientist or humane and offensive to anyone who heart tissue, or even a full heart, out of doctor that I have spoken to, and I values human life. No matter what a a person’s own DNA, so there would be have spoken to quite a few of them, be- person believes regarding the legaliza- no rejection possibilities? It is wrong lieves he is anywhere near that for tion of abortion, we should all be ap- to do research in cloning of cells that years and years and years. But he is palled and outraged by the practice of might permit my nephew, Kelly, who, making a name for himself. He is on all partial birth abortions. at the age of 19, got injured in the mili- the talk shows, that’s for sure. He has Since these concerns were raised, tary, his spinal cord was broken and he become notorious, a public figure, and however, Dr. Satcher has provided has been a quadriplegic since and still I guess a lot of people like to do that. written assurances regarding his inten- holds out the hope that research some- But just because he’s irresponsible tions if nominated. Dr. Satcher wrote, day is going to enable him to walk doesn’t mean we ought to be irrespon- ‘‘I have no intention of using the posi- again? And, yes, cloning research sible. Let’s take a careful look at this. tions of Assistant Secretary for Health might be able to rebuild those kinds of Let’s have our hearings. Let’s bring in and Surgeon General to promote issues cells from his own DNA that will get the experts. Let’s bring in the related to abortion. I share no one’s po- those nerve endings going again so that bioethicists, the people from all the litical agenda and I want to use the my nephew can walk again. That re- different communities, to see what pa- power of these positions to focus on search is wrong? I ask who appointed rameters, if any, should be drawn on issues that unite Americans—not di- the House majority leader as the arbi- this. The parameters of S. 1601 are too vide them.’’ Dr. Satcher also wrote ter of what is right and wrong in bio- constrictive. that he would promote a message of ab- medical research? To send scientists to jail for up to 10 stinence from premarital sex and be- Well, as the drafter of this article years for doing the kind of research havioral responsibility to our youth. went on: that can enable my nephew to walk This is a commendable objective that . . . hasty legislation could easily be too again is not the kind of legislation that should be promoted among our nation’s restrictive. Last year, for instance, Florida we ought to be passing here. youth. S510 CONGRESSIONAL RECORD — SENATE February 9, 1998 The other major concern raised for willing to continue these efforts as Rather than implement an ethical me was Dr. Satcher’s role in clinical Surgeon General and Assistant Sec- strategy for that research that was trials of AZT conducted in Africa and retary of Health and Human Services. consistent with the ethics in the Southeast Asia. In 1994, the World Therefore, I am confident that when United States, they conducted the Health Organization (WHO) rec- Dr. Satcher is confirmed as the next tests by giving half of the individuals ommended that studies be conducted to U.S. Surgeon General and Assistant in the study sugar pills or placebos, test the safety and efficacy of short- Secretary of Health and Human Serv- when there was a known, effective term AZT therapy in developing coun- ices, he will serve the health needs of treatment. This was such a breach of tries in reducing the transmission of our nation and I will support his ef- the ethics of the medical profession in HIV from pregnant women to their ba- forts. testing that the New England Journal bies. This study was needed because Mr. ASHCROFT. Mr. President, I rise of Medicine, the No. 1 medical journal 1,000 babies are born every day infected to speak in opposition to the confirma- in the United States of America, very with HIV in developing nations. This tion of the nominee for Surgeon Gen- seriously and aggressively cited this study was intended to determine an ef- eral of the United States, David ethical lapse and said that these stud- fective and affordable treatment for Satcher, and I allocate myself such ies were unethical and should be dis- women in the nations that can not af- time as I may consume in opposition. continued on that basis. ford the expensive AZT and are unable Mr. President, we have had extended The truth of the matter is, the stud- to receive intravenous treatments. The debate on this nomination. It is con- ies go forward. There are a lot of rea- developing nations, in conjunction ceded by individuals from every quar- sons that have been put forth in this with the WHO, determined that placebo ter that the nominee is a person of debate about why they have gone for- controlled trials offered the best meth- great talent, of substantial intellectual ward. Some have talked about in- od for determining an alternative to capacity, and who has made a substan- formed consent. It is clear the level of the expensive and culturally incompat- tial contribution to the medical com- informed consent there would never ible AZT drug treatment. munity. The reservations which I have pass muster here. After reviewing the available mate- expressed in no way are designed to What is clear to me is this nominee rials on these studies and conferring derogate the record of achievement views lives differently in Africa than with Senator FRIST, who is a practicing that this medical doctor has assem- he could be allowed to view them in the medical physician and has extensive bled. But there are a series of concerns United States. This nominee views knowledge and experience with the which I have raised, some of which are lives differently before they are born, complex issue of biomedical ethics, I so serious that I believe they would in the partial-birth abortion arena, am confidant that these AZT trials cause us to refrain from voting to con- than I think the American people do. were conducted in a scientifically firm this nominee to lead us as Ameri- Next, there were CDC studies on HIV- sound and ethical manner. It is my un- ca’s family doctor. infected newborns in this country. No I would like to just mention four of derstanding that the appropriate proto- identification was made of the them, as I conclude my remarks today. cols for these clinical trials were devel- newborns. The studies were conducted As is contained in the unanimous con- oped and extensively reviewed for sci- after the blood samples were de-identi- sent order, there will be another hour entific and ethical integrity by Institu- fied. This may have been an appro- of debate on this issue tomorrow prior tional Review Boards in the United priate strategy before we knew that we to the vote on cloture, and in the event States and by equivalent committees could help a newborn that tested posi- cloture is invoked, there will be a vote in the counties conducting the clinical tive for HIV. But once we developed a on final passage immediately there- trials. According to these medical potential therapy, to persist with the after. standards, it is clear that the CDC’s de- These four points, though, I would studies in the absence of identification cision, under the guidance of Dr. like to raise, and I believe each of of the infected newborn and notifica- Satcher, regarding the AZT trials re- these would be adequate or sufficient tion to the parent so that remedial ac- searching methods for providing func- as a basis for denying confirmation tion could be taken, it seems to me a tional, affordable and effective care to here. But certainly the cumulative im- tremendous moral lapse, and it was people worldwide was based on sound pact of these particular concerns characterized by one of the most nota- ethics and science. should weigh heavily on the minds of ble AIDS researchers in the world as a Mr. President, I believe that the indi- Senators as we move toward the votes breach of the ethics not only of the vidual who fills the position of Surgeon related to the confirmation of this United States, but international eth- General must be a person who unites nominee. And in my case they clearly ics. our nation and promotes healthy liv- indicate that we should not vote in When the Congress got upset about ing. This individual must place the favor of this confirmation. this and sought to ask Dr. Satcher and health and well-being of our nation’s The first is this. This is a nominee the CDC to cease these tests where you citizens far above any political agenda. who favors partial-birth abortion. Par- learned about the fact that there were They must provide leadership in dis- tial-birth abortion is a procedure that X number of HIV-infected babies but ease prevention and health promotion has been demonstrated to be a cruel, you couldn’t identify them, and there- throughout our country by developing inhumane, unnecessary procedure. The fore, you weren’t able to tell the par- innovative and worthwhile public American Medical Association opposes ents, what did Dr. Satcher do? He came health initiatives. In short, our na- it. Three-quarters of the American peo- to the Hill to lobby Congress that we tion’s Surgeon General must be capable ple oppose it, especially those who un- should keep doing that, in spite of the of serving as a national symbol of com- derstand what it is. And for this nomi- fact that we had the ability, once we mitment to protecting and improving nee to side with the political agenda of learned about the HIV virus, to be able the public’s health. the President rather than the health to curtail it with the therapy, with the After carefully reviewing all the agenda of the United States of America administration of drugs and other facts surrounding Dr. Satcher’s profes- indicates, I think all too clearly, that things. I think that compounds the sional career and consulting with mem- the agenda will be politics rather than ethical problems that were identified bers of the medical community, includ- health. We ought to have a Surgeon in the Africa studies, and it compounds ing our colleague, Senator FRIST, I am General who has a health agenda and the ethical problems that relate to the confident that Dr. Satcher is well- does not repair to the politics of the disregard for human existence that qualified to serve this nation in these President or anyone else. characterizes his embrace of the Presi- important public health positions. It is Next, during the time when this dent’s position on partial-birth abor- my belief that the concerns raised nominee presided over the Centers for tion. about Dr. Satcher have been ade- Disease Control, he and the Centers for The last item which was the subject quately and openly addressed. I believe Disease Control sponsored studies in of significant debate today was the that he has continually demonstrated Africa regarding the transmission of needle exchange program. While Dr. his commitment to public health AIDS from HIV infected mothers to Satcher has indicated that he doesn’t throughout his life and is ready and their children. support needle exchange programs, the February 9, 1998 CONGRESSIONAL RECORD — SENATE S511 documents that have only recently geon General. We do need a Surgeon have opined that collectively these are the been released by the Centers for Dis- General, but we don’t need one so badly most serious efforts to curtail judicial inde- ease Control find him in endorsement that we need to welcome one who pendence since President Roosevelt’s plan to pack the Supreme Court in 1937. of needle exchange programs, and urg- doesn’t really call us to the highest In the past year nominees who failed to ing that there be large amounts of Fed- and best health that America ought to meet certain ultraconservative litmus tests eral money to support needle exchange have. have been labeled ‘‘judicial activists.’’ While programs. Mr. President, I thank you very these charges are unfounded, they nonethe- I don’t believe that we need a family much for the opportunity to make less delay confirmations and leave judicial doctor for America who says we ought these concluding remarks. With that, I seats unfilled. We note that of the 14 individ- to subsidize the drug culture by provid- uals whose nominations have been pending yield back the remainder of my time the longest, 12 are women or minorities. This ing free needles, by saying to the drug on today’s debate, reserving, obviously, disturbing pattern is in striking contrast to dealers, you can get all the needles you the time to be a participant in the de- those 14 judges who were confirmed in 1997 in want, and when you want to go and tell bate tomorrow on this issue. I suggest the shortest period of time, 11 of whom are our young people that they should get the absence of a quorum. white men. For example, Margaret Morrow, involved in your drug culture, you can The PRESIDING OFFICER. The a judicial nominee to the United States Dis- have the authority of the Government clerk will call the roll. trict Court for the Central District of Cali- fornia, was nominated more than a year and with you to say it must be OK; surely, The bill clerk proceeded to call the a half ago. Not only is she an outstanding the Government wouldn’t provide us roll. candidate, but her credentials have earned with these free, clean, sterile needles Mr. NICKLES. Mr. President, I ask her enthusiastic and bipartisan endorse- to use in shooting up drugs if it weren’t unanimous consent that the order for ments from leaders of the bar, judges, politi- in your best interest. the quorum call be rescinded. cians, and civic groups. I think that sends the worst message The PRESIDING OFFICER. Without An honors graduate from Harvard Law possible to young people that the Gov- School, a civil litigator for more than 20 objection, it is so ordered. years, winner of numerous legal awards, and ernment is a subsidizer of and a pro- f the first female president of the California moter of an environment in which MORNING BUSINESS Bar Association, Morrow has the breadth of drugs can be used with lowered risk. background and experience to make her an My own sense is that it makes no (During today’s session of the Sen- excellent judge, and in the words of one of more sense to provide clean needles to ate, the following morning business her sponsors, she would be ‘‘an exceptionally drug dealers than it would be to pro- was transacted.) distinguished addition to the federal bench.’’ Morrow has also shown, through her numer- vide bulletproof vests to bank robbers. f ous pro bono activities, a demonstrated com- We could surely make bank robbing a mitment to equal justice. As president of the safer occupation by providing bullet- NOMINATION OF MARGARET MORROW Los Angeles County Bar Association, she proof vests, but we wouldn’t want to do created the Pro Bono Council, the first of its it. Neither should we make intravenous Mr. DASCHLE. Mr. President, we kind in California. During her year as bar drug use a sort of project of the Gov- will soon debate the confirmation of president, the Council coordinated the provi- ernment because we might be able to Margaret Morrow to be a United States sion of 150,000 hours of previously untapped provide some safety to some user. District Judge. Her qualifications are representation to indigent clients through- I won’t go into the details; we have exemplary; her commitment to public out the country. Not surprisingly, the Amer- ican Bar Association’s judicial evaluation already done that. We already know service is impressive; and her support- committee gave her its highest rating. that people who don’t care enough ers are many. Republicans and Democrats alike speak about themselves to use good needles Despite the high regard of a broad highly of her accomplishments and qualifica- or clean needles in drug use won’t take and bipartisan group of attorneys and tions. Robert Bonner, a Reagan-appointed care of the needles once they have used judges, Ms. Morrow has had to wait U.S. Attorney and U.S. District Judge for them. One town found over 300 needles over 19 months for a vote of the full the Central District of California and head of Senate. But this long delay is finally the Drug Enforcement Administration dur- in the course of 1 week after a pri- ing the Bush Administration, has said Mor- vately funded clean-needle program coming to an end. I am very pleased row is a ‘‘brilliant person with a first-rate was implemented there. I don’t think Senator LOTT has promised that, before legal mind who was nominated upon merit, we want our playgrounds and our the February recess, this fine nominee not political affiliation.’’ Los Angeles Coun- streets and our cities to be littered will get her day on the Senate floor. ty Sheriff Sherman Block wrote that, ‘‘Mar- with once-used free needles supplied by The Alliance for Justice, which rep- garet Morrow is an extremely hard working the Government that could later infect resents a whole host of organizations individual of impeccable character and in- our children. interested in a strong judiciary, sent a tegrity. . . . I have no doubt that she would be a distinguished addition to the Court.’’ All of these things that relate to a letter to me yesterday outlining their Other supporters include local bar leaders; disregard for the right health strategy many reasons for supporting the nomi- officials from both parties, including Los An- for America are disqualifying events nation of Margaret Morrow as well as geles Mayor Richard Riordan; California for this candidate: partial-birth abor- their concern about the time it has judges appointed by the state’s last three tion, the African AIDS studies, the do- taken for the Senate to act. As a sup- governors; and three Republican-appointed mestic blind HIV tests on newborns, plement to the voluminous information Ninth Circuit Court of Appeals judges, Pam- where we persisted in this practice already on the record in support of this ela Rymer, Cynthia Holcomb Hall, and Ste- phen Trott. even after we discovered an effective nomination, I submit the Alliance for Despite her outstanding record, Morrow therapy for these infants, and last but Justice’s letter for my colleagues’ re- has become the target of a coordinated effort not least, the clean-needle exchange view. Mr. President, I ask unanimous by ultraconservative groups that seek to po- program, which basically wants to ac- consent that the letter be printed in liticize the judiciary. They have subjected cept drug culture as a way of life in- the RECORD. her to a campaign of misrepresentations, dis- stead of calling America to its highest There being no objection, the letter tortions and attacks on her record, branding and best and saying that the real prob- was ordered to be printed in the her a ‘‘judicial activist.’’ According to her opponents, she deserves to be targeted be- lem is heroin, the real problem is drug RECORD, as follows: cause ‘‘she is a member of California Women addiction, the real problem is not the FEBRUARY 4, 1998. Lawyers,’’ an absurd charge given that this absence of a needle program funded by Senator TOM DASCHLE, bipartisan organization is among the most the taxpayers. The taxpayers do not Hart Senate Office Building, Washington, DC. highly respected in the state. Another want us to destroy their neighborhoods DEAR SENATOR DASCHLE: We write to ex- ‘‘strike’’ against her is her concern, ex- by subsidizing drug dealers who will press our concern over a series of develop- pressed in a sentence from a 1988 article, not only use the clean needles, but ments that continue to unfold in the Senate about special interest domination of the bal- that are undermining the judicial confirma- leave them in places where they can in- lot initiative process in California. Her oppo- tion process. These include calls for the im- nents view the statement as disdainful of fect the children of America. peachment of judges, a slowdown in the pace voter initiatives such as California’s term For those reasons, I believe it would of confirmations, unjustified criticisms of limits law; however, they overlook the fact be appropriate for us to reject the nom- certain nominees, and efforts to leave appel- that the article outlines a series of rec- ination of Dr. David Satcher to be Sur- late vacancies unfilled. Some court observers ommended reforms to preserve the process. S512 CONGRESSIONAL RECORD — SENATE February 9, 1998 It is a stretch to construe suggested reforms the Distinguished Flying Cross be Mr. Louis J. Gavalyas, Massapequa Park, NY as evidence of ‘‘judicial activism,’’ but to printed in the RECORD. Mr. Andy Glosecki, Springfield, IL search for this members of the Judiciary There being no objection, the list was Mr. Frederick L. Gordon, Marietta, GA Committee unprecedentedly asked her to Mr. Roger J. Gawer, Hermann, MO ordered to be printed in the RECORD, as disclose her personal positions on all 160 past Mr. John Gregory, Lecanto, FL ballot propositions in California. follows: Mr. Anthony J. LaMarco, Jr., Fort Lee, NJ Morrow’s confirmation has been delayed by Waiver of Time Limitations for Award of Mr. Gene S. McIntyre, San Antonio, TX the Senate beyond any reasonable bounds. Certain Decorations to Specified Persons Mr. Kenneth B. Wood, Plymouth, NH Originally selected over nineteen months DISTINGUISHED FLYING CROSS Mr. Roger M. Wiley, Bradenton, FL ago in May 1996, her nomination was unani- Mr. Howard E. Bensing, Louisville, KY FIRST AWARD mously approved by the Judiciary Commit- Mr. George E. Murphy, Milwaukee, WI tee that year, only to languish on the Senate MARINE CORPS Mr. Robert A. Tovey, Orland Park, IL floor. Morrow was again nominated at the Mr. Marcus F. Daley, Davis, CA Mr. Chester G. Ritchey, Sacramento, CA beginning of 1997, subjected to an unusual Mr. John F. Digney, Lakewood, OH Mr. Charles W. Scranyon, Jr., Dorset, UT second hearing, and recommended again by Mr. William N. Green, Kilmarnock, VA Mr. Evan W. Pickrel, Alexandria, VA the Judiciary Committee, after which sev- Mr. Victor V. Hall, Lincoln, NB Mr. Vincent J. Panzarella, Fairport Harbor, eral Senators placed secret holds on her Mr. Joseph E. Heindle, Jr., Vernon, OH OH nomination, preventing a final vote on her Mr. Brooks D. Kaufman, New Hope, PA Mr. Robert W. Fillion, Littleton, NH confirmation. These holds, which prevented Mr. Harold H. Norvell, Summerville, SC SECOND AWARD a final vote on her confirmation during the Mr. Dante H. Paliuca, North Miami, FL 1st Session of the 105th Congress, were re- Mr. Raymond W. Smith, Casselbury, FL MARINE CORPS cently lifted. Mr. Louis A. Sombati, Redlands, CA Mr. Thomas A. Clemente, Loudonville, NY As Senator Orrin Hatch repeatedly said: Mr. Robert R. Stecker, Cedarbury, WI Mr. Hoyt C. Johnson, Jr., Columbus, MS ‘‘playing politics with judges is unfair, and Mr. Donald P. Callahan, Rensselaer, NY I’m sick of it.’’ We agree with his sentiment. Mr. William T. Terlecki, Parlin, NJ Given Margaret Morrow’s impressive quali- Mr. Bernard E. Vanden-Brandon, Westlake, Mr. Harold J. Derr, Hamburg, PA fications, we urge you to bring the nomina- OH Mr. Glenn Dunning, Zion, IL tion to the Senate floor, ensure that it re- Mr. James Q. Yawn, Alice, TX Mr. James J. Fisher, Camp Hill, PA ceives prompt, full and fair consideration, Mr. Harry C. Tyler, Jr., Clinton Township, Mr. Adolph B. Hugo, Jr., Tulsa, OK and that a final vote on her nomination is MI Mr. Harold M. Kerber, South Holland, IL scheduled as soon as possible. Mr. Gerald J. Slack, Danvers, MA Mr. Beverly W. Landstreet, Nashville, TN Sincerely, Mr. Charles L. Jones, Corcoran, CA Mr. Robert J. Moreo, Mechanicsburg, PA Alliance for Justice: Nan Aron, Presi- Mr. Dewey H. Jackson, York, SC Mr. Raymond G. Neal, Waxahachie, TX dent; American Jewish Congress: Phil Mr. Richard D. Blomgren, Lake Isabella, CA Mr. Dominic A. Panasiti, Encinitas, CA Baum, Executive Director; Americans Mr. Leland G. Anderson, Mountain Home, Mr. James R. Richardson, San Diego, CA for Democratic Action: Amy Isaacs, AR Mr. Willie B. Tucker, Stanfield, NC National Director; Bazelon Center for Mr. James A. Foerster, Homosassa, FL Mr. Walter R. Williams, Victorville, CA Mental Health Law: Robert Bernstein, Mr. Alfred F. Ueckert, Jr., Dallas, TX Mr. Frederick C. Eckhardt, Freehold, NJ Executive Law; Brennan Center for Mr. Robert M. Stone, Nashville, TN Mr. Philip W. Dunford, Forest City, NC Justice: E. Joshua Rosenkrantz, Execu- Mr. Ralph E. Dickson, Irvine, CA Mr. Paul E. Buskuhl, Portland, OR tive Director; Black Women Lawyers Mr. James T. Doswell, II, Jacksonville, FL Mr. Albin J. Prisby, Rockland, IL Association of Los Angeles: Eulanda Mr. Paul P. McCastland, Fort Lauderdale, Mr. James Padick, Banning, CA Matthews, President; California FL Mr. Russell Smith, Jr., Charleston, WV Women Lawyers: Grace E. Emery, Mr. John M. O. Ryland, Portland, OR NAVY Mr. Lynn F. Williams, Fallbrook, CA President; Center for Law and Social Mr. J.D. Barber, Johnstown, PA Mr. Dean F. Ziegler, Lewistown, PA Policy: Alan W. Hausman, Director; Mr. James H. Keating, Anacortes, WA Mr. Edward Kufeldt, Burke, VA Chicago Committee for Civil Rights Mr. Vincent A. Kozole, Philadelphia, PA Under Law: Clyde E. Murphy, Execu- NAVY Mr. Charles S. Williams, Palm Beach Gar- tive Director; Disability Rights Edu- Mr. Veran L. Guttery, San Diego, CA dens, FL cation and Defense Fund: Patricia Mr. J. D. Barber, Johnstown, PA Mr. Garland Collett, Richardson, TX Wright, Coordinator Disabled Fund; Mr. John R. Doyle, Shrasoth, FL THIRD AWARD Families USA: Judy Waxman, Director Mr. Varlock M. Gardner, Westland, MI of Government Affairs; Lawyers Club Mr. Michael P. McDonnell, Farmington MARINE CORPS of San Diego: Kathleen Juniper, Direc- Hills, MI Mr. Ralph P. Jones, Albany, GA tor; Leadership Conference on Civil Mr. William R. Peterson, Livonia, MI Mr. Felix S. Cecot, Portland, OR Rights: Wade Henderson, Executive Di- Mr. John J. Reardon, Grosse Pointe Farms, Mr. John A. Blackstock, San Diego, CA rector. MI Mr. Harold C. Bauer, Beavercreek, OR f Mr. Robert L. Blackmer, Whittier, CA Mr. Warren W. Hills, Fresno, CA Mr. Francis M. Phillips, Farmington Hills, Mr. Dayton A. Swickard, Muncie, IN DISTINGUISHED FLYING CROSS MI FOURTH AWARD Mr. Peter C. Giorio, Jr., Allen Park, MI Mr. THURMOND. Mr. President, I MARINE CORPS rise today to recognize former Navy Mr. Raymond S. Degroote, West Bloomfield, MI Mr. James E. Smurr, Columbus, OH and Marine Corps members who re- Mr. Andrew W. Yancy, Memphis, TN Mr. Harry D. Ross, Zanesville, OH ceived the Distinguished Flying Cross Mr. Stanley W. Kern, Kutztown, PA Mr. Wilton C. Fleming, Maulden, SC in accordance with section 573 of the Mr. Walter R. Irey, Poway, CA FIFTH AWARD National Defense Authorization Act for Mr. Frederick G. Fox, Lower Lake, CA MARINE CORPS Mr. Elmer E. Lore, Thousand Oaks, CA Fiscal Year 1998, which waived time Mr. Walter V. Ross, Jr., Garden City, SC Mr. Harlan Day, Ironton, OH limitations for award of this decora- Mr. Stephen G. Warren, Marshall, TX Mr. Lawrence K. Kotecki, Bigfork, MT tion for specified persons. These awards Mr. Harding H. Holloway, Hilltop Lakes, TX Mr. Robert W. Carey, Round Rock, TX were recommended by the Secretary of Mr. Reinholdt Deines, Garden City, KS the Navy based upon requests from Mr. Floyd C. Bradley Jr., Plainview, TX Mr. Gordon C. Ostwall, Berwyn, IL SIXTH AWARD Members of Congress. These procedures Mr. Lawrence H. Cool, Jr., Platte, SD MARINE CORPS were established by section 526 of the Mr. Charles E. Hill, Jr., Clinton, MI Mr. William F. Degan, Squantum, MA National Defense Authorization Act for Mr. Paul A. Gerrior, Covina, CA Mr. John J. Demet, Ocala, FL Fiscal Year 1996 to resolve a dilemma Mr. Darwin T. Johnston, Manteca, CA Mr. Delbert R. Nash, Dunwoody, GA under which deserving individuals were Mr. William E. Anderson, Jr., Pioneer, CA Mr. Richard M. Seamon, Annapolis, MD denied the recognition they deserved Mr. Nicholas Antonelli, West Long Branch, Mr. Paul M. Tollefsrud, Richlands, NC solely due to the passage of time. I am NJ Mr. Sterling F. Price, Ballwin, MO proud to have established a procedure Mr. Maurice W. Birchmeyer, Liverpool, NJ Mr. James H. Magill, Port St. Lucie, FL that enables these distinguished veter- Dr. Albert E. P. Bozic, Williamsport, PA Mr. Frederick R. Scharnhorst, Richland, WA Mr. James G. Cockrell, Milwaukie, OR Mr. Charles S. Scruggs, Augusta, GA ans to receive the honors they earned. Mr. Edward T. Gaines, Lexington, KY SEVENTH AWARD We are very proud of their dedicated Mr. Leslie D. Demott, Rancho Palos Verdes, service to our Nation. CA MARINE CORPS At this time, I ask unanimous con- Mr. Ralph V. Elwin, Santa Barbara, CA Mr. George J. Brennan, Jr., Westwood, MA sent that a list of all who were awarded Mr. Morris E. Ford, Jr., Tacoma, WA Mr. William H. Boodro, Columbus, OH February 9, 1998 CONGRESSIONAL RECORD — SENATE S513 TENTH AWARD to capitalize on public concern to rush Strike the bill’s criminal penalties and in- MARINE CORPS through a sweeping and inappropriate stead make any property, real or personal, Mr. Archie D. Simpson, Alexandria, VA ban on critical medical research. derived from or used to commit violations of I have just received the Administra- the Act subject to forfeiture to the United f States. tion’s statement of position on S. 1601. Strike the bill’s provisions establishing a HUMAN CLONING PROHIBITION The President has taken the lead in di- ACT new Commission to Promote a National Dia- recting a prompt response to the ethi- logue on Bioethics. The new Commission Mr. KENNEDY. Mr. President, to- cal and moral dilemmas created by would needlessly duplicate the mission of morrow the Senate will cast one of the human cloning. He called for a ban on the President’s National Bioethics Advisory most important votes of this Congress, creation of a human being by cloning Commission. and perhaps of this decade. That vote in the State of the Union message. If S. The President’s proposal, which in many will determine whether one of the most 1601 were simply a ban on creation of a ways is reflected in S. 1602 sponsored by Sen- ators Feinstein and Kennedy, would prohibit promising avenues of research against human being by cloning, it would re- any attempt to create a human being using a host of dread diseases will continue, ceive his wholehearted support. But somatic cell nuclear transfer, provide for or whether the Congress will act to ban that is not what S. 1601 does, and that further review of the ethical and scientific it—and condemn millions of Americans is why the Administration says in its issues associated with the use of somatic cell to unnecessary death and disability in letter, ‘‘On June 9, 1997, the President nuclear transfer, and protect important bio- the process. transmitted to Congress legislation medical research. The vote that will occur is on a clo- making it illegal for anyone to create a Mr. KENNEDY. Mr. President, as the ture motion to take up S. 1601. The au- human being through cloning. The scientific and medical community thors of S. 1601 say that it is a bill to President believes that using somatic learns more about this legislation, al- ban the production of human beings by cell nuclear transfer cloning tech- most universal opposition is develop- cloning—an attempt to stop Dr. Seed niques to create a human being is un- ing. The American Association of Med- and other unscrupulous scientists in tested, unsafe, and morally unaccept- ical Colleges has circulated a letter to their tracks. able. The Administration, however, be- other scientific and medical organiza- But that claim cannot pass the truth lieves S. 1601, as introduced, is too far- tions asking that this legislation not in advertising test. S. 1601 isn’t a bill reaching because it would prohibit im- go forward. to ban a brave new world of mass pro- portant biomedical research aimed at The letter states, duction of cloned human beings. It is preventing and treating serious and The current opportunities in biomedical not legislation to stop wealthy individ- life-threatening diseases. Therefore, research are unparalleled in our nation’s his- uals from reproducing themselves at the Administration does not support tory. To ensure that these continue, the sci- will in an unscrupulous and unethical passage of the bill in its current form.’’ entific and organized medicine communities attempt to achieve a kind of immortal- I ask unanimous consent that the en- urge you to oppose legislation that would ity. Instead, this legislation bans the prohibit the use of somatic cell nuclear tire text of the Administration state- transfer due to the grave implications it may actual technology used in human ment of position be printed in the have for future advances in biomedical re- cloning research—the technology that RECORD. search in human healing. could be used to create cures for can- There being no objection, the state- They go on to compare S. 1601’s at- cer, diabetes, spinal cord injuries, ar- ment was ordered to be printed in the tempts to ban not just cloning of thritis-damaged joints, birth defects, RECORD, as follows: human beings but use of the technique and a host of terrible neurological dis- EXECUTIVE OFFICE OF THE PRESI- itself to the ill-considered attempts to eases like Alzheimer’s disease, Parkin- DENT, OFFICE OF MANAGEMENT ban recombinant DNA techniques in son’s disease, Lou Gehrig’s Disease, AND BUDGET, Washington, DC, February 9, 1998. the ’70’s. and multiple sclerosis. They state, Every scientist in America under- STATEMENT OF ADMINISTRATION POLICY Like the recombinant DNA debate, the sci- (This statement has been coordinated by stands the threat this legislation poses entific techniques involved in cloning re- OMB with the concerned agencies) to critical medical research. Every search hold great promise for our ability to American should understand it, too. A S. 1601—HUMAN CLONING PROHIBITION ACT treat and manage myriad diseases and dis- vote against cloture is a vote for medi- On June 9, 1997, the President transmitted orders—from cancer and heart disease, to cal research. It is a vote for millions of to Congress legislation making it illegal for Parkinson’s and Alzheimer’s, to infertility Americans suffering from dread dis- anyone to create a human being through and HIV/AIDS. eases for whom the technology of cloning. The President believes that using somatic cell nuclear transfer cloning tech- As of this morning, the letter had cloning offers hope of new and miracu- niques to create a human being is untested, been signed by 71 distinguished organi- lous cures. But it is certainly not a unsafe, and morally unacceptable. The Ad- zations, from the American Academy vote in favor of cloning human beings. ministration, however, believes S. 1601, as in- of Allergy, Asthma, and Immunology, Congress can and should act to ban troduced, is too far-reaching because it to the Association of American Cancer cloning of human beings during this would prohibit important biomedical re- Institutes to the Parkinson’s Action session. But it should not act in haste, search aimed at preventing and treating seri- Network—and the list continues to and it should not pass legislation that ous and life-threatening diseases. Therefore, grow. goes far beyond what the American the Administration would not support pas- A letter from Dr. Gerald R. Fink, the sage of the bill in its current form. The Ad- people want or what the scientific and ministration looks forward to working with Director of the Whitehead Institute of medical community understands is the Congress to address these concerns. Spe- the American Cancer Society—one of necessary and appropriate. cifically, the Administration supports the pre-eminent cancer research insti- Senator FEINSTEIN and I understand amendments to S. 1601 that would: tutes in the country—explains very the importance of a ban on creating Include a five-year sunset on the prohibi- clearly what is at stake. Dr. Fink says, human beings by cloning. This is an tion on human somatic cell nuclear transfer ‘‘I am very concerned about efforts to ethical judgment I believe our society technology. The sunset provision would en- bring the Bond bill to an immediate is ready to make. We have introduced sure a continuing examination of the risks and benefits of this, while being free from vote. While I agree that there should be legislation of our own that will accom- the concern that someone will use it pre- a national ban on human cloning, it is plish this goal. We hope that it can be maturely. essential that any such law protects reviewed through the normal commit- Permit somatic cell nuclear transfer using areas of critical research that can ben- tee process of hearings and mark-up. I human cells for the purpose of developing efit human health. The Bond bill’s ge- have no doubt that responsible legisla- stem cell (unspecialized cells capable of giv- neric ban on the use of ‘human somatic tion to ban the production of human ing rise to specific cells and tissue) tech- cell transfer technology,’ would in fact beings by cloning can come through nology to prevent and treat serious and life- threatening diseases and other medical con- be quite damaging to medical research committee and mark-up and be passed ditions, including the treatment of cancer, progress in the United States. into law during this session of Con- diabetes, genetic diseases, and spinal cord in- ‘‘The Bond bill would seriously limit gress. But S. 1601 is not that respon- juries and for basic research that could lead our ability to develop new cell-based sible ban on cloning. It is an attempt to such treatments. strategies to fight cancer, diabetes, and S514 CONGRESSIONAL RECORD — SENATE February 9, 1998 Alzheimer’s disease. It would also pre- The Lott-Bond bill does not just ban prevention, intervention and enforce- vent vital research on the repair of spi- cloning of human beings, it bans vital ment.’’ The city’s comprehensive ap- nal cord injuries and severe burns. medical research related to cloning— proach includes not only law enforce- ‘‘I urge you to convey to your col- research which has the potential to ment agencies, but the entire criminal leagues that the Bond bill would cause find new cures for cancer, diabetes, justice system and community and so- us to lose ground in the battle against birth defects and genetic diseases of all cial service agencies as well. As more deadly and disabling human diseases.’’ kinds, blindness, Parkinson’s disease, and more cities become aware of this Is this really what the Senate or the Alzheimer’s disease, paralysis due to successful, anti-crime strategy, Boston American people want, Mr. President? spinal cord injury, arthritis, liver dis- is becoming a model for the nation on To lose ground in the battle against ease, life-threatening burns, and many this vital issue. deadly and disabling human diseases? I other illnesses and injuries. His letter goes on to say, ‘‘Our strat- don’t believe so. Here is what the bill says—Page 2, egy relies on focused intervention, with More than 120 scientific and medical line 13, paragraph 301 is entitled, ‘‘Pro- smarter, tougher enforcement targeted organizations have expressed opposi- hibition on cloning.’’ It is the heart of at the very small group of hard-core of- tion to the Lott-Bond bill or concerns the bill. It states, ‘‘It shall be unlawful fenders. We work closely with state about prohibition on legitimate for any person or entity, public or pri- and federal agencies to disrupt the flow cloning research as the result of ill- vate, in or affecting interstate com- of illegal firearms by mounting coordi- conceived or over-broad legislation. merce, to use human somatic cell nu- nated investigations and prosecutions So you have this immense array of clear transfer technology.’’ That is the of gun traffickers.’’ scientific and medical societies and pa- end of the statement. As Commissioner Evans emphasizes, tient groups opposing S. 1601 and urg- It does not just ban the technology the progress in Boston was made ing us to use caution and not to rush for use in human cloning. It bans it for ‘‘without measures such as housing ju- ahead without adequate consideration. any purpose at all. venile detainees and convicts in adult Our friends who are supporting this bill That means scientists can’t use the jails and prisons. The focus of policy say that it won’t impede necessary re- technology to try to grow cells to aid and dollars should be intervention and search. If this true, where is their sup- men and women dying of leukemia. prevention at the front end, and not in- port from people who know. They can’t use it to grow new eye tis- carceration in adult facilities at the I ask them to cite even a handful of sue to help those going blind from cer- back end.’’ As the Senate prepares to take up mainstream scientific or medical orga- tain types of cell degeneration. They legislation to combat juvenile crime, I nizations supporting rushing their leg- can’t use it to grow new pancreas cells urge my colleagues to heed the words islation through without committee to cure diabetes. They can’t use it to of Commissioner Evans, and I ask hearings, adequate definitions, or even regenerate brain tissue to help those unanimous consent that his letter be a semblance of careful consideration. with Parkinson’s disease or Alz- They can’t do it. They can’t do it, be- printed in the RECORD. heimer’s disease. They can’t use it to There being no objection, the letter cause the scientific and medical and regrow spinal cord tissue to cure those was ordered to be printed in the patients’ communities know that what who have been paralyzed in accidents RECORD, as follows: they are doing is wrong. or by war wounds. As objectionable as the substance of BOSTON POLICE DEPARTMENT, Congress should ban the production January 30, 1998. this bill is the procedure by which it is of human beings by cloning. But we Hon. EDWARD M. KENNEDY, being considered. To grant cloture to should not slam on the brakes and stop U.S. Senate, this bill tomorrow would be a travesty scientific research that has so much Washington, DC. of the Senate’s role as a deliberative potential to bring help and hope to mil- DEAR SENATOR KENNEDY: As the Senate body. lions of citizens. As J. Benjamin prepares to debate the juvenile crime bill, I This is one of the most important Younger, Executive Director of the agree with your suggestion that it would be scientific and ethical issues of the 21st helpful to look again at the collaborative American Society for Reproductive work in Boston, and the progress we have century. Medicine, has said: made over the past 18–24 months. I offer the It was introduced on Tuesday of last We must work together to ensure that in following. week. our effort to make human cloning illegal, we The keys to our effort in Boston have been It was put on the calendar on do not sentence millions of people to need- prevention, intervention and enforcement Wednesday. less suffering because research and progress conducted with broad collaboration across The Majority Leader tried to bring it into their illness cannot proceed. law enforcement, criminal justice, commu- to the floor on Thursday and filed an Let us work together. Let us stop nity and social service agencies. Our strat- egy relies on focused intervention, with immediate cloture petition when he this know-nothing and unnecessarily smarter, tougher enforcement targeted at was unsuccessful. destructive bill. Let us vote against the very small group of hard-core offenders. The Senate was not in session Fri- cloture tomorrow and send this bill to We work closely with state and federal agen- day—and few of our colleagues are Committee where it can receive the cies to disrupt the flow of illegal firearms by present today. careful consideration it deserves. To- mounting coordinated investigations and This legislation has not received one gether, we can develop legislation that prosecutions of gun traffickers. day of committee hearings. will ban the cloning of human beings, Firearm homicides among people aged 24 It has not received one minute of years and younger are down over 70 percent without banning needed medical re- since we instituted the innovative ‘‘Cease- committee discussion and markup. search that can bring the blessings of Fire’’ program in 1995. We have lost one juve- The telephones in my office are ring- good health to so many millions of our nile to a firearm homicide since July, 1995. ing off the hook from scientists and fellow citizens. Overall homicides are at their lowest level in physicians and patients from all over f 30 years, with a 30 percent decrease in 1997 as the country who are deeply concerned compared with 1996. about the impact of this legislation. BOSTON’S SUCCESS FIGHTING It also noteworthy that we have made JUVENILE CRIME these strides without measures such as hous- But they have had no opportunity to ing juvenile detainees and convicts in adult have their voices heard. Mr. KENNEDY. Mr. President, I re- jails and prisons. The focus of policy and dol- Mr. President, this is an important cently received an impressive letter lars should be intervention and prevention at issue. It warrants Senate consider- from Boston Police Commissioner Paul the front end, and not incarceration in adult ation. But it does not warrant consid- Evans on Boston’s current successful facilities at the back end. eration under this accelerated and in- experience in reducing crime in the As the Senate takes up the complex ques- defensible procedure. city, especially juvenile crime. Fire- tion of effective juvenile crime control pol- The authors of this legislation know arms homicides have plummeted, and icy, I would strongly recommend federal spending that requires collaboration, that that it cannot stand up to public scru- the overall crime rate has dropped sig- requires communities to support a balance of tiny. That is the reason for their ex- nificantly. prevention along with enforcement, and the traordinary attempt to rush this legis- As Commissioner Evans states, ‘‘The directs these funds in the most crime-im- lation through. keys to our effort in Boston have been pacted neighborhoods. We cannot be credible February 9, 1998 CONGRESSIONAL RECORD — SENATE S515 in the community about enforcement if we 1985 Agreement). The Agreement, States, together with an accompanying are not credible on prevention. The juvenile which was effected by an exchange of report; which was referred to the Com- block grant offers an excellent opportunity notes at Warsaw on February 5 and Au- mittee on Agriculture, Nutrition, and for the Senate to invest seriously in preven- gust 25, 1997, extends the 1985 Agree- Forestry. tion. ment to December 31, 1999. Sincerely yours, To the Congress of the United States: PAUL F. EVANS, In light of the importance of our fish- As required by the provisions of sec- Police Commissioner. eries relationship with the Republic of tion 13, Public Law 806, 80th Congress f Poland, I urge that the Congress give (15 U.S.C. 714k), I transmit herewith favorable consideration to this Agree- THE VERY BAD DEBT BOXSCORE the report of the Commodity Credit ment at an early date. Corporation for fiscal year 1995. WILLIAM J. CLINTON. Mr. HELMS. Mr. President, at the WILLIAM J. CLINTON. close of business Friday, February 6, THE WHITE HOUSE, February 5, 1998. THE WHITE HOUSE, February 5, 1998. 1998, the Federal debt stood at f f $5,472,049,936,751.15 (Five trillion, four hundred seventy-two billion, forty-nine REPORT OF THE NATIONAL EN- MESSAGES FROM THE HOUSE million, nine hundred thirty-six thou- DOWMENT FOR THE HUMANITIES At 11 a.m., a message from the House sand, seven hundred fifty-one dollars FOR CALENDAR YEAR 1996—MES- of Representatives, delivered by Ms. and fifteen cents). SAGE FROM THE PRESIDENT— Goetz, one of its reading clerks, an- One year ago, February 6, 1997, the PM 94 nounced that the House having pro- Federal debt stood at $5,307,084,000,000 The PRESIDING OFFICER laid be- ceeded to reconsider the bill (H.R. 2631) (Five trillion, three hundred seven bil- fore the Senate the following message disapproving the cancellations trans- lion, eighty-four million). from the President of the United mitted by President on October 6, 1997, Twenty-five years ago, February 6, States, together with an accompanying regarding Public Law 105–45, returned 1973, the Federal debt stood at report; which was referred to the Com- by the President of the United States $445,600,000,000 (Four hundred forty-five mittee on Labor and Human Resources. with his objections, to the House of billion, six hundred million) which re- To the Congress of the United States: Representatives, in which it origi- flects a debt increase of more than $5 I am pleased to present to you the nated, it was resolved, that the said trillion—$5,026,449,936,751.15 (Five tril- 1996 annual report of the National En- bill, pass, two-thirds of the House of lion, twenty-six billion, four hundred dowment for the Humanities (NEH), Representatives agreeing to pass the forty-nine million, nine hundred thir- the Federal agency charged with fos- same. ty-six thousand, seven hundred fifty- tering scholarship and enriching the f one dollars and fifteen cents) during ideas and wisdom born of the human- the past 25 years. EXECUTIVE AND OTHER ities. The agency supports an impres- COMMUNICATIONS f sive range of projects encompassing the The following communications were worlds of history, literature, philoso- MESSAGES FROM THE PRESIDENT laid before the Senate, together with phy, and culture. Through these Messages from the President of the accompanying papers, reports, and doc- projects, Americans of all walks of life United States were communicated to uments, which were referred as indi- are able to explore and share in the the Senate by Mr. Williams, one of his cated: uniqueness of our Nation’s democratic secretaries. experience. EC–3932. A communication from the Direc- tor of the Office of the Secretary of Defense, EXECUTIVE MESSAGES REFERRED The activities of the NEH touch tens As in executive session the Presiding transmitting, pursuant to law, the reports of of millions of our citizens—from the three rules received on January 27, 1997; to Officer laid before the Senate messages youngest students to the most veteran the Select Committee on Intelligence. from the President of the United professors, to men and women who sim- EC–3933. A communication from the Direc- States submitting sundry nominations ply strive for a greater appreciation of tor of the Congressional Budget Office, which were referred to the Committee our Nation’s past, present, and future. transmitting, pursuant to law, the seques- on Commerce, Science, and Transpor- The NEH has supported projects as di- tration preview report for fiscal year 1999; re- tation. ferred jointly, pursuant to the order of Au- verse as the widely viewed documen- gust 4, 1977, to the Committee on the Budget, f tary, The West, and research as spe- and to the Committee on Governmental Af- REPORT OF AN AGREEMENT BE- cialized as that conducted on the Da- fairs. TWEEN THE GOVERNMENTS OF kota Tribe. Small historical societies EC–3934. A communication from the Gen- THE UNITED STATES AND THE have received support, as have some of eral Counsel of the Department of Housing the Nation’s largest cultural institu- and Urban Development, transmitting, pur- REPUBLIC OF POLAND—MES- suant to law, a rule received on February 3, SAGE FROM THE PRESIDENT— tions. Throughout our history, the human- 1998; to the Committee on Banking, Housing, PM 93 and Urban Affairs. ities have provided Americans with the The PRESIDING OFFICER laid be- EC–3935. A communication from the Gen- knowledge, insights, and perspectives eral Counsel of the National Credit Union fore the Senate the following message needed to move ourselves and our civ- Administration, transmitting, pursuant to from the President of the United ilization forward. Today, the NEH re- law, the report of a rule received on January States, together with an accompanying mains vitally important to promoting 27, 1998; to the Committee on Banking, Hous- report; referred jointly, pursuant to 16 our Nation’s culture. Not only does its ing, and Urban Affairs. U.S.C. 1823, to the Committee on Com- work continue to add immeasurably to EC–3936. A communication from the Assist- merce, Science, and Transportation, ant Secretary of Commerce for Export Ad- our civic life, it strengthens the demo- ministration, transmitting, pursuant to law, and to the Committee on Foreign Rela- cratic spirit so essential to our country tions. the report of a rule received on February 2, and our world on the eve of a new cen- 1998; to the Committee on Banking, Housing, To the Congress of the United States: tury. and Urban Affairs. In accordance with the Magnuson- WILLIAM J. CLINTON. EC–3937. A communication from the Sec- Stevens Fishery Conservation and THE WHITE HOUSE, February 5, 1998. retary of the U.S. Securities and Exchange Commission, transmitting, pursuant to law, Management Act (16 U.S.C. 1801 et seq.), f the report of a rule received on February 2, I transmit herewith an Agreement be- REPORT OF THE COMMODITY 1998; to the Committee on Banking, Housing, tween the Government of the United and Urban Affairs. CREDIT CORPORATION FOR FIS- States of America and the Government f of the Republic of Poland extending the CAL YEAR 1995—MESSAGE FROM Agreement of August 1, 1985, Concern- THE PRESIDENT—PM 95 INTRODUCTION OF BILLS AND ing Fisheries Off the Coasts of the The PRESIDING OFFICER laid be- JOINT RESOLUTIONS United States, with annexes and agreed fore the Senate the following message The following bills and joint resolu- minutes, as amended and extended (the from the President of the United tions were introduced, read the first S516 CONGRESSIONAL RECORD — SENATE February 9, 1998 and second time by unanimous con- airport for nearly 24 hours. INS offi- ered, by reason of the criminal offense to sent, and referred as indicated: cials had determined Mr. Collado ex- which he pleaded guilty on October 24, 1974, cludable because the Illegal Immigra- to be inadmissible to, or deportable from, the By Mr. MOYNIHAN: United States. The offense shall not be used S. 1617. A bill for the relief of Jesus M. tion and Immigrant Responsibility Act to find that Jesus M. Collado-Mun˜ oz lacks Collado-Munoz; to the Committee on the Ju- made the misdemeanor on his criminal good moral character for any purpose under diciary. record a deportable offense. Twenty- that Act, including eligibility for naturaliza- By Mr. MCCAIN (for himself, Mr. HOL- three years ago, when Mr. Collado was tion. LINGS, Ms. SNOWE, Mr. FRIST, Mr. 19-years old, he was convicted of a class REED, and Mr. BRYAN): A misdemeanor, having sexual rela- [From the New York Times, Dec. 22, 1997] S. 1618. A bill to amend the Communica- A GENEROUS COUNTRY tions Act of 1934 to improve the protection of tions with a minor, his 15-year-old (By Anthony Lewis) consumers against ‘‘slamming’’ by tele- girlfriend. I should note here that their communications carriers, and for other pur- relationship was a consensual one. Mr. WASHINGTON.—The immigration law passed poses; to the Committee on Commerce, Collado was sentenced to a year’s pro- by Congress in 1996 has had harsh effects on Science, and Transportation. some individuals: visitors barred at our bor- bation, which he served. He has not ders, aliens marked for deportation after liv- By Mr. MCCAIN (for himself, Mr. HOL- been in trouble with the law since. ing here legally for many years. I discussed LINGS, Mr. COATS, and Mrs. MURRAY): Whatever I or my colleagues think the issues with the principal House sponsor S. 1619. A bill to direct the Federal Com- of the law, Representative Lamar S. Smith, munications Commission to study systems about his teenage indiscretion, the fact Republican of Texas. for filtering or blocking matter on the Inter- remains that he is not a serious crimi- nal who should be excluded from enter- ‘‘America should continue to be the most net, to require the installation of such a sys- generous country in the world toward immi- tem on computers in schools and libraries ing the United States. Yet, as I men- grants,’’ Mr. Smith said, ‘‘I thing they have with Internet access, and for other purposes; tioned, on April 7 last, Mr. Collado was much to contribute to this country.’’ to the Committee on Commerce, Science, arrested upon arrival in New York and The 1996 act, he said, was designed to deal and Transportation. was held without bail for 201 days at with people who do not deserve to be here, f the INS Detention Facility at the York such as those who enter illegally. But it was not intended to deny anyone fair treatment. County Prison in York, Pennsylvania. ‘‘There is not excuse for anybody being SUBMISSION OF CONCURRENT AND The Illegal Immigration and Immi- SENATE RESOLUTIONS treated unjustly,’’ he said ‘‘Justice is one of grant Responsibility Act was meant to the things that makes this country great, The following concurrent resolutions keep serious criminals out of the and rightly attracts people here, along with and Senate resolutions were read, and United States. It was not meant to ex- economic opportunity and freedom.’’ referred (or acted upon), as indicated: clude those who have resided here le- What about instances, I asked, where the Immigration and Naturalization Service has By Mr. ROTH (for himself, Mr. BAUCUS, gally for a quarter century because of a admitted that its officers mistreated individ- Mr. THOMAS, and Mr. LUGAR): misdemeanor committed as a teenager. uals at the border? The Commissioner of Im- S. Res. 174. A resolution to state the sense Might I add that LAMAR SMITH, the migration, Doris Messner, has said that of the Senate that Thailand is a key partner chairman of the House Immigration about several cases described in this column and friend of the United States, has commit- Subcommittee seems to agree with me. in recent months. ted itself to executing its responsibilities In Anthony Lewis’ December 22, 1997 ‘‘It’s not the fault of the law,’’ Mr. Smith under its arrangements with the Inter- replied. ‘‘It’s the fault of the I.N.S. national Monetary Fund, and that the column in the New York Times, Mr. ‘‘When you have hundreds of millions of United States should be prepared to take ap- SMITH remarked that Jesus Collado’s entries every year, and you have human na- propriate steps to ensure continued close bi- case ‘‘obviously tugs at your heart. ture involved, there are inevitably going to lateral relations; to the Committee on For- Clearly this is an instance where hu- be some lapses. That doesn’t excuse them, I eign Relations. manitarian considerations should be hope it won’t be interpreted as rationalizing By Mr. ROBB: taken into account. I believe in re- any kind of insensitivity. It is simply a com- S. Res. 175. A bill to designate the week of demption and I believe it should be ment on what is a fact of life.’’ May 3, 1998 as ‘‘National Correctional Offi- One provision of the 1996 act, called ‘‘expe- cers and Employees Week.’’; to the Commit- granted generously.’’ dited removal,’’ allows I.N.S. agents to keep tee on the Judiciary. Ultimately, the Immigration and out anyone they think is trying to enter the Naturalization Service must be given country improperly, even if the person has a f discretion in the implementation of U.S. visa, and bar him for five years. I asked STATEMENTS ON INTRODUCED this Act. But Mr. Collado and his fam- whether that, didn’t encourage hasty, some- ily need relief now. Today I am intro- times unfair decisions. BILLS AND JOINT RESOLUTIONS Mr. Smith said he had been to two border ducing private relief legislation for Mr. By Mr. MOYNIHAN: checkpoints in the last several months and Collado to establish that his mis- S. 1617. A bill for the relief of Jesus found the border patrol agents ‘‘enthusias- demeanor is not grounds for inadmis- M. Collado-Munoz; to the Committee tic’’ about the provision. ‘‘I think on the sibility, deportation or denial of citi- whole it’s reducing the abuses,’’ he said, ‘‘the on the Judiciary. zenship. Representative NYDIA gaming of the system.’’ The new law’s process for dealing with ap- PRIVATE RELIEF LEGISLATION VELA´ ZQUEZ, who has worked tirelessly plicants for political asylum is also working Mr. MOYNIHAN. On September 28, on Mr. Collado’s behalf, has introduced 1996, the Senate passed the Omnibus well, he said. It requires someone who claims a similar measure in the House of Rep- to be fleeing persecution first to persuade an Consolidated Appropriations Act, a 749- resentatives. I urge the Senate to act asylum officer at the border that he or she page bill with 24 separate titles. In- on this matter swiftly so that the has a ‘‘credible fear,’’ then to have an asy- cluded in that unwieldy legislation was Collado family may get on with their lum hearing before an immigration judge. the Illegal Immigration and Immigrant lives. ‘‘The asylum officers are getting some Responsibility Act of 1996, a far-reach- Mr. President, I ask unanimous con- good training,’’ Mr. Smith said. ‘‘Almost 90 ing measure designed to curtail illegal percent of people asking for asylum are sent that the text of the bill and An- being found to have a credible fear. When immigration and prevent criminals thony Lewis’ column be printed in the you have that high a level of initial accept- from entering our country. This legis- RECORD. ance of their claims, clearly the officers are lation, hurried to passage in the final There being no objection, the mate- giving people the benefit of the doubt.’’ days of a legislative session, has proven rial was order to be printed in the Since it was human nature for the I.N.S. to make some mistakes, I asked, why had the to be overly punitive in a number of RECORD, as follows: cases, including that of Jesus Collado. new statute in many areas stripped away the S. 1617 right to judicial review of the agency’s deci- On April 7, Jesus Collado, a 43-year- Be it enacted by the Senate and House of Rep- sions? old legal resident of the United States, resentatives of the United States of America in ‘‘Judicial review,’’ he said, ‘‘encouraged returned to this country after vaca- Congress assembled, many of the people who are in this country tioning in the Dominican Republic, his SECTION 1. WAIVER OF CONSIDERATION OF illegally’’ by allowing them to contest their homeland. Upon arrival at John F. CRIMINAL OFFENSE FOR IMMIGRA- deportation endlessly. He said there were Kennedy airport in New York, Mr. TION PURPOSES FOR JESUS M. about five million, with the number growing COLLADO-MUN˜ OZ. by 300,000 a year. Collado was detained by INS officers Notwithstanding sections 212(a) and 237(a) The 1996 law also made legal immigrants who kept him handcuffed and made of the Immigration and Nationality Act, deportable because of minor crimes commit- him sit on the floor of a room in the Jesus M. Collado-Mun˜ oz shall not be consid- ted years ago, and removed their right to February 9, 1998 CONGRESSIONAL RECORD — SENATE S517 seek a waiver of deportation. A notable case complaints represented a 25 percent in- recommend whether it would be in the is that of Jesu´ s Collado, a Brooklyn man crease in the number of complaints public interest to levy penalties di- who faces deportation because he slept with filed in 1996, despite the fact that the rectly on telemarketers or on other en- a 15-year-old girlfriend 23 years ago and was FCC adopted new rules to discourage tities not currently subject to the bill’s put on probation for contributing to the de- linquency of a minor. He has lived a blame- slamming. provisions, and to promptly adopt rules less life since and has an American wife and The reality we face is that unless proscribing any deliberately deceptive three children. Congress supplements by law what the or misleading telemarketing practices ‘‘In the vast majority of cases I think the FCC can do by regulation, this already disclosed by the report. crimes do justify deportation,’’ Mr. Smith bad problem will only get worse. This The bottom line here, Mr. President, commented. ‘‘However, perhaps around the legislation will attack slamming in is that slamming has to stop, once and far edges the I.N.S. should have some discre- two ways: it will establish stringent for all, and this bill means to stop it. tion in these cases. anti-slamming safeguards to deter Mr. President, I ask unanimous con- ‘‘First I’d like to be reassured that the Ad- slamming from happening in the first ministration is serious about deporting hard- sent that the text of the bill be printed ened criminals. It has a program to deport place, and it will enlarge the remedies in the RECORD. those currently in prison when they finish available to punish slammers and There being no objection, the bill was their sentences, but it is deporting less than make consumers whole if it does. The ordered to be printed in the RECORD, as 50 percent.’’ bill does this by prescribing definitive follows: The Collado case, he said, ‘‘obviously tugs procedures for telephone companies to S. 1618 at your heart. Clearly this is an instance follow, providing alternative ways for Be it enacted by the Senate and House of Rep- where humanitarian considerations should consumers to obtain redress for having resentatives of the United States of America in be taken into account. I believe in redemp- Congress assembled, tion, and I believe it should be granted gen- been slammed, and giving federal and erously. nonfederal authorities the power to im- SECTION 1. IMPROVED PROTECTION FOR CON- pose tough sanctions, including high SUMERS AGAINST ‘‘SLAMMING’’ BY ‘‘The question is how you do that without TELECOMMUNICATIONS CARRIERS. creating a giant loophole through which fines and compensatory and punitive (a) VERIFICATION OF AUTHORIZATION.—Sub- thousands of others can escape deportation.’’ damages. section (a) section 258 of the communica- The bill takes a straightforward ap- tions Act of 1934 (47 U.S.C. 258) is amended to By Mr. MCCAIN (for himself, Mr. proach. It prohibits a telephone com- read as follows: HOLLINGS, Ms. SNOWE, Mr. pany from changing a consumer’s tele- ‘‘(a) PROHIBITION.— FRIST, Mr. REED, and Mr. phone service unless the company ob- ‘‘(1) IN GENERAL.—No telecommunications BRYAN): tains a verbal, written, or electronic carrier shall submit or execute a change in a S. 1618. A bill to amend the Commu- verification from the subscriber show- subscriber’s selection of a provider of tele- phone exchange service or telephone toll nications Act of 1934 to improve the ing that the subscriber has consented protection of consumers against ‘‘slam- service except in accordance with this sec- to the change. The company making tion and such verification procedures as the ming’’ by telecommunications carriers, the change will be required to retain Commission shall prescribe. and for other purposes; to the Commit- this verification. If a consumer charges ‘‘(2) VERIFICATION.— tee on Commerce, Science, and Trans- a company with slamming, the com- ‘‘(A) IN GENERAL.—In order to verify a sub- portation. pany has 120 days in which to satisfy scriber’s selection of a telephone exchange service or telephone toll service provider THE CONSUMER ANTI-SLAMMING ACT OF 1998 the consumer’s complaint. If it does under this section, the telecommunications Mr. MCCAIN. Mr. President, today I not do so, the company must promptly carrier shall, at a minimum, require the sub- am introducing the Consumer Anti- advise the consumer of that fact, and scriber— Slamming Act of 1998. This legislation give the consumer a copy of the ver- ‘‘(i) to acknowledge the type of service to is aimed at putting an end to an abu- ification and information about how to be changed as a result of the selection; sive and unscrupulous practice that af- pursue the complaint with the FCC and ‘‘(ii) to affirm the subscriber’s intent to se- fects thousands and thousands of con- about all other available remedies. If a lect the provider as the provider of that serv- sumers every year. Joining me as a co- ice; company ignores a consumer’s slam- ‘‘(iii) to affirm that the subscriber is au- sponsor of this legislation are Senator ming complaint, it will be subject to thorized to select the provider of that service FRITZ HOLLINGS, the Ranking Member the penalty for slamming. for the telephone number in question; of the Senate Commerce Committee, The bill then provides for simple, ‘‘(iv) to acknowledge that the selection of and Senator FRIST and Senator SNOWE, streamlined complaint resolution pro- the provider will result in a change in pro- also Members of the Committee. I am cedures at the FCC, requiring the Com- viders of that service; most grateful for their support in this mission to issue a decision on the car- ‘‘(v) to acknowledge that the individual important effort. rier’s liability within 150 days. It making the oral communication is the sub- scriber; and ‘‘Slamming’’ is the unauthorized broadens the Commission’s enforce- ‘‘(vi) to provide such other information as changing of a consumer’s long-distance ment powers by authorizing it to award the Commission considers appropriate for carrier. A consumer who is slammed both compensatory and punitive dam- the protection of the subscriber. often receives lower-quality service or ages, and requires that damages be ‘‘(B) ADDITIONAL REQUIREMENTS.—The pro- is charged higher rates. Sometimes awarded within 90 days of the liability cedures prescribed by the Commission to ver- consumers are not even aware that determination. It directs the FCC not ify a subscriber’s selection of a provider they have been slammed until they get to levy a fine of less than $40,000 shall— their bills. When they realize what has ‘‘(i) preclude the use of negative option against first-time offenders and $150,000 marketing; happened, they have to go through the for repeat offenders absent mitigating ‘‘(ii) provide for verification of a change in aggravation of getting their service circumstances, and it empowers the telephone exchange service or telephone toll switched back to their original carrier FCC to prosecute slammers who refuse service provider in oral, written, or elec- and having their bills adjusted. And to pay their fines. The bill also enables tronic form; and they often find it difficult to secure consumers to go after slammers in ‘‘(iii) require the retention of such verifica- compensation for any additional dam- court instead of at the FCC through a tion in such manner and form and for such ages they may have incurred. time as the Commission considers appro- state class-action suit. These alter- priate. Mr. President, last year alone over natives—consumer action at the FCC ‘‘(3) INTRASTATE SERVICES.—Nothing in this 20,000 consumers filed slamming com- and state action in court, backed up by section shall preclude any State commission plaints with the FCC. This is by far the stiff monetary penalties—will provide from enforcing such procedures with respect largest category of complaints the FCC both a sword against past slamming to intrastate services. received. When you stop to consider and a shield against future slamming. ‘‘(4) SECTION NOT TO APPLY TO WIRELESS.— that only a small fraction of all con- Finally, Mr. President, the bill This section does not apply to a provider of sumers who are slammed actually file assures that the FCC will detect and commercial mobile service, as that term is defined in section 332(d)(1) of this Act.’’. complaints about it with the Commis- deter other problems that might result ‘‘(b) RESOLUTION OF COMPLAINTS.—Section sion, the real dimensions of the prob- in slamming. It requires the Commis- 258 of the Communications Act of 1934 (47 lem become apparent. And those di- sion to report to Congress on telephone U.S.C. 258) is amended by adding at the end mensions are growing: last year’s 20,000 companies’ telemarketing practices, to thereof the following: S518 CONGRESSIONAL RECORD — SENATE February 9, 1998

‘‘(c) NOTICE TO SUBSCRIBER.—Whenever (c) STATE RIGHT-OF-ACTION.—Section 258 of tion of regulations prescribed under this sec- there is a change in a subscriber’s selection the Communications Act of 1934 (47 U.S.C. tion, no State may, during the tendency of of a provider of telephone exchange service 258), as amended by subsection (b), is amend- such action instituted by the Commission, or telephone toll service, the telecommuni- ed by adding at the end thereof the follow- subsequently institute a civil action against cation carrier selected shall notify the sub- ing: any defendant named in the Commission’s scriber in writing, not more than 15 days ‘‘(g) ACTIONS BY STATES.— complaint for any violation as alleged in the after the change is executed, of the change, ‘‘(1) AUTHORITY OF STATES.—Whenever the Commission’s complaint. the date on which the change was effected, attorney general of a State, or an official or ‘‘(8) DEFINITION.—As used in this sub- and the name of the individual who author- agency designated by a State, has reason to section, the term ‘attorney general’ means ized the change. believe that a telecommunications carrier the chief legal officer of a State. ‘‘(d) RESOLUTION OF COMPLAINTS.— has engaged or is engaging in a pattern or ‘‘(h) STATE LAW NOT PREEMPTED.—Nothing ‘‘(1) PROMPT RESOLUTION.— practice of changing telephone exchange in this section or in the regulations pre- ‘‘(A) IN GENERAL.—The Commission shall service or telephone toll service provider scribed under this section shall preempt any prescribe a period of time, not in excess of without authority from subscribers in that State law that imposes more restrictive 120 days, for a telecommunications carrier to State in violation of this section or the regu- intrastate requirements or regulations on, or resolve a complaint by a subscriber concern- lations prescribed under this section, the which prohibits unauthorized changes in, a ing an unauthorized change in the subscrib- State may bring a civil action on behalf of subscriber’s selection of a provider of tele- er’s selection of a provider of telephone ex- its residents to enjoin such unauthorized phone exchange service or telephone toll change service or telephone toll service. changes, an action to recover for actual service.’’. ‘‘(B) UNRESOLVED COMPLAINTS.—If a tele- monetary loss or receive $500 in damages for SEC. 2. REPORT ON TELEMARKETING PRAC- communications carrier fails to resolve a each violation, or both such actions. If the TICES. complaint within the time period prescribed court finds the defendant willfully or know- (a) IN GENERAL.—The Federal Communica- by the Commission, then, within 10 days ingly violated such regulations, the court tions Commission shall issue a report within after the end of that period, the tele- may, in its discretion, increase the amount 180 days after the date of enactment of this communications carrier shall— of the award to an amount equal to not more Act on the telemarketing practices used by ‘‘(i) notify the subscriber in writing of the than 3 times the amount available under the telecommunications carriers or their agents subscriber’s right to file a complaint with preceding sentence. or employees for the purpose of soliciting the Commission concerning the unresolved ‘‘(2) EXCLUSIVE JURISDICTION OF FEDERAL changes by subscribers of their telephone ex- complaint, the subscriber’s rights under this COURTS.—The district courts of the United change service or telephone toll service pro- section, and all other remedies available to States, the United States courts of any terri- vider. the subscriber concerning unauthorized tory, and the District Court of the United (b) SPECIFIC ISSUES.—As part of the report changes; States for the District of Columbia shall required under subsection (a), the Commis- ‘‘(ii) inform the subscriber in writing of the have exclusive jurisdiction over all civil ac- sion shall include findings on— procedures prescribed by the Commission for tions brought under this subsection. Upon (1) the extent to which imposing penalties filing such a complaint; and proper application, such courts shall also on telemarketers would deter unauthorized ‘‘(iii) provide the subscriber a copy of any have jurisdiction to issue writs of manda- changes in a subscriber’s selection of a pro- evidence in the carrier’s possession showing mus, or orders affording like relief, com- vider of telephone exchange service or tele- that the change in the subscriber’s provider manding the defendant to comply with the phone toll service; of telephone exchange service or telephone provisions of this section or regulations pre- (2) the need for rules requiring third-party toll service was submitted or executed in ac- scribed under this section, including the re- verification of changes in a subcriber’s selec- cordance with the verification procedures quirement that the defendant take such ac- tion of such a provider; and prescribed under subsection (a). tion as is necessary to remove the danger of (3) whether wireless carriers should con- ‘‘(2) RESOLUTION BY COMMISSION.—The Com- such violation. Upon a proper showing, a per- tinue to be exempt from the verification and mission shall provide a simplified process for manent or temporary injunction or restrain- retention requirements imposed by section resolving complaints under paragraph (1)(B). ing order shall be granted without bond. 258(a)(2)(B)(iii) of the Communications Act of The simplified procedure shall preclude the ‘‘(3) RIGHTS OF COMMISSION.—The State 1934 (47 U.S.C. 258(a)(2)(B)(iii)). use of interrogatories, depositions, discov- shall serve prior written notice of any such (c) RULEMAKING.—If the Commission deter- ery, or other procedural techniques that civil action upon the Commission and pro- mines that particular telemarketing prac- might unduly increase the expense, formal- vide the Commission with a copy of its com- tices are being used with the intention to ity, and time involved in the process. The plaint, except in any case where such prior mislead, deceive, or confuse subscribers and Commission shall issue an order resolving notice is not feasible, in which case the that they are likely to mislead, deceive, or any such complaint at the earliest date prac- State shall serve such notice immediately confuse subscribers, then the Commission ticable, but in no event later than— upon instituting such action. The Commis- shall initiate a rulemaking to prohibit the ‘‘(A) 150 days after the date on which it re- sion shall have the right— use of such practices within 120 days after ceived the complaint, with respect to liabil- ‘‘(A) to intervene in the action; the completion of its report. ity issues; and ‘‘(B) upon so intervening, to be heard on all ‘‘(B) 90 days after the date on which it re- matters arising therein; and By Mr. MCCAIN (For himself, Mr. solves a complaint, with respect to damages ‘‘(C) to file petitions for appeal. HOLLINGS, Mr. COATS, and Mrs. issues, if such additional time is necessary. ‘‘(4) VENUE; SERVICE OF PROCESS.—Any civil MURRAY): ‘‘(3) DAMAGES AWARDED BY COMMISSION.—In action brought under this subsection in a resolving a complaint under paragraph district court of the United States may be S. 1619. A bill to direct the Federal (1)(B), the Commission may award damages brought in the district wherein the defend- Communications Commission to study equal to the greater of $500 or the amount of ant is found or is an inhabitant or transacts systems for filtering or blocking mat- actual damages. The Commission may, in its business or wherein the violation occurred or ter on the Internet, to require the in- discretion, increase the amount of the award is occurring, and process in such cases may stallation of such a system on comput- to an amount equal to not more than 3 times be served in any district in which the defend- ers in schools and libraries with Inter- the amount available under the preceding ant is an inhabitant or where the defendant net access, and for other purposes; to may be found. sentence. the Committee on Commerce, Science, ‘‘(e) PENALTY.— ‘‘(5) INVESTIGATORY POWERS.—For purposes ‘‘(1) IN GENERAL.—Unless the Commission of bringing any civil action under this sub- and Transportation. determines that there are mitigating cir- section, nothing in this section shall prevent THE INTERNET SCHOOL FILTERING ACT cumstances, violation of subsection (a) is the attorney general of a State, or an official Mr. MCCAIN. Mr. President, I rise punishable by a fine of not less than $40,000 or agency designated by a State, from exer- today to introduce The Internet School for the first offense, and not less than cising the powers conferred on the attorney Filtering Act, which is designed to pro- $150,000 for each subsequent offense. general or such official by the laws of such tect children from exposure to sexually ‘‘(2) FAILURE TO NOTIFY TREATED AS VIOLA- State to conduct investigations or to admin- TION OF SUBSECTION (A).—If a telecommuni- ister oaths or affirmations or to compel the explicit and other harmful material cations carrier fails to comply with the re- attendance of witnesses or the production of when they access the Internet in school quirements of subsection (d)(1)(B), then that documentary and other evidence. and in the library. I am pleased to be failure shall be treated as a violation of sub- ‘‘(6) EFFECT ON STATE COURT PROCEED- joined by Senators HOLLINGS, COATS, section (a). INGS.—Nothing contained in this subsection and MURRAY as cosponsors of this legis- ‘‘(f) RECOVERY OF FINES.—The Commission shall be construed to prohibit an authorized lation, and I thank them for their as- may take such action as may be necessary— State official from proceeding in State court sistance in this important effort. ‘‘(1) to collect any fines it imposes under on the basis of an alleged violation of any this section; and general civil or criminal statute of such This legislation comes to grips with a ‘‘(2) on behalf of any subscriber, any dam- State. regrettable but unavoidable problem. ages awarded the subscriber under this sec- ‘‘(7) LIMITATION.—Whenever the Commis- Today, pornography is widely available tion.’’. sion has instituted a civil action for viola- on the Internet. According to Wired February 9, 1998 CONGRESSIONAL RECORD — SENATE S519 magazine, today there are approxi- its unintended harm. I commend the ef- SECTION 1. NO UNIVERSAL SERVICE FOR mately 28,000 adult Web sites promot- forts of those who have recognized this SCHOOLS OR LIBRARIES THAT FAIL TO IMPLEMENT A FILTERING OR ing hard and soft-core pornography. responsibility by providing filtering BLOCKING SYSTEM FOR COMPUT- Together, these sites register many systems in the many educational fa- ERS WITH INTERNET ACCESS. millions of ‘‘hits’’ by websurfers per cilities that already have Internet ca- (a) IN GENERAL.—Section 254 of the Com- day. pability. This legislation assures that munications Act of 1934 (47 U.S.C. 254) is Mr. President, there is no question this responsibility is extended to all amended by adding at the end thereof the that some of the websurfers who are other institutions as they implement following: accessing these sites are children. advanced technologies funded by feder- ‘‘(l) IMPLEMENTATION OF A FILTERING OR BLOCKING SYSTEM.— ally-mandated universal service funds. Some, unfortunately, are actively ‘‘(1) IN GENERAL.—No services may be pro- searching for these sites. But many Mr. President, this bill takes a sen- vided under subsection (h)(1)(B) to any ele- others literally and unintentionally sible approach. It requires schools re- mentary or secondary school, or any library, stumble across them. Anyone who uses ceiving universal service discounts to unless it provides the certification required seemingly innocuous terms while use a filtering system on their comput- by paragraph (2) or (3), respectively. searching the World Wide Web for edu- ers so that objectionable online mate- ‘‘(2) CERTIFICATION FOR SCHOOLS.—Before cational or harmless recreational pur- rials will not be accessible to students. receiving universal service assistance under poses can inadvertently run into adult Libraries are required to use a filtering subsection (h)(1)(B), an elementary or sec- ondary school (or the school board or other sites. For example, when the word system on one or more of their comput- ers so that at least one computer will authority with responsibility for administra- ‘‘teen’’ is typed into a search engine, a tion of that school) shall certify to the Com- site titled ‘‘Teenagesex.com’’ is the be appropriate for minors’ use. Filter- mission that it has— first search result to appear. ing technology is itself eligible to be ‘‘(A) selected a system for computers with Mr. President, parents have a respon- subsidized by the E-rate discount. Once Internet access to filter or block matter sibility to monitor their children’s a school or library certifies that it will deemed to be inappropriate for minors; and Internet use. This is their proper role, use a filtering system, they will be eli- ‘‘(B) installed, or will install as soon as it and no amount of governmental assist- gible to receive universal service fund obtains computers with Internet access, a system to filter or block such matter. ance or industry self-regulation could subsidies for Internet access. If schools ‘‘(3) CERTIFICATION FOR LIBRARIES.—Before ever be as effective in protecting chil- and libraries do not so certify, they will not be eligible to receive universal receiving universal service assistance under dren as parental supervision. subsection (h)(1)(B), a library that has a Parental supervision, however, is not service fund-subsidized discounts. computer with Internet access shall certify possible when children use the Internet Some have argued that the use of fil- to the Commission that, on one or more of while they are away from home, in tering technology in public schools and its computers with Internet access, it em- schools and libraries. The billions of libraries would amount to censorship ploys a system to filter or block matter dollars per year the Federal govern- under the First Amendment. The Su- deemed to be inappropriate for minors. If a ment will be giving schools and librar- preme Court has found, however, that library that makes a certification under this obscenity is not protected by the First paragraph changes the system it employs or ies to enable them to bring advanced ceases to employ any such system, it shall Internet learning technology to the Amendment. And insofar as other sexu- ally-explicit material is concerned, the notify the Commission within 10 days after classroom will bring in the Internet’s implementing the change or ceasing to em- explicit online content as well. These bill will not affect an adult’s ability to ploy the system.’’. billions of dollars will ultimately be access this information on the Internet ‘‘(4) LOCAL DETERMINATION OF CONTENT.— paid for by the American people. So it outside the school environment, and it For purposes of paragraphs (2) and (3), the is only right that if schools and librar- will in no way impose any filtering re- determination of what matter is inappropri- ies accept these federally-provided sub- quirement on Internet use in the home. ate for minors shall be made by the school, Perhaps most important, the bill pro- school board, library or other authority re- sidies for Internet access, they have an sponsible for making the required certifi- absolute responsibility to their com- hibits the federal government from prescribing any particular filtering cation. No agency or instrumentality of the munities to assure that children are system, or from imposing a different United States Government may— protected from online content that can ‘‘(A) establish criteria for making that de- filtering system than the one selected harm them. termination; And this harm can be prevented. The by the certifying educational author- ‘‘(B) review the determination made by the prevention lies, not in censoring what ity. It thus places the prerogative for certifying school, school board, library, or goes onto the Internet, but rather in determining which filtering system other authority; or filtering what comes out of it onto the best reflects the community’s stand- ‘‘(C) consider the criteria employed by the ards precisely where it should be: on certifying school, school board, library, or computers our children use outside the the community itself. other authority in the administration of sub- home. Mr. President, more and more people section (h)(1)(B).’’. Mr. President, Internet filtering sys- are using the Internet each day. Cur- (b) CONFORMING CHANGE.—Section tems work, and they need not be blunt rently, there may be as many as 50 mil- 254(h)(1)(B) of the Communications Act of instruments that unduly constrain the 1934 (47 U.S.C. 254(h)(1)(B)) is amended by lion Americans online, and that num- availability of legitimately instruc- striking ‘‘All telecommunications’’ and in- ber is expected to at least double by tional material. Today they are adapt- serting ‘‘Except as provided by subsection the millennium. As Internet use in our able, capable of being fine-tuned to ac- (l), all telecommunications’’. schools and libraries continues to f commodate changes in websites as well grow, children’s potential exposure to as the evolving needs of individual harmful online content will only in- ADDITIONAL COSPONSORS schools and even individual lesson- crease. This bill simply assures that S. 61 plans. Best of all, their use will chan- universal service subsidies will be used nel explicit material away from chil- At the request of Mr. LOTT, the name to defend them from the very dangers of the Senator from Wisconsin (Mr. dren while they are not under parental that these same subsidies are otherwise supervision, while not in any way in- FEINGOLD) was added as a cosponsor of going to increase. This is a rational re- S. 61, a bill to amend title 46, United hibiting the rights of adults who may sponse to what could otherwise be a wish to post indecent material on the States Code, to extend eligibility for terrible and unintended problem. veterans’ burial benefits, funeral bene- Web or have access to it outside school Mr. President, I ask unanimous con- fits, and related benefits for veterans of environs. sent that the text of the bill appear in certain service in the United States Mr. President, it boils down to this: the RECORD. The same Internet that can benefit our There being no objection, the bill was merchant marine during World War II. children is also capable of inflicting ordered to be printed in the RECORD, as S. 71 terrible damage on them. For this rea- follows: At the request of Mr. DASCHLE, the son, school and library administrators S. 1619 name of the Senator from Louisiana who accept univeral service support to Be it enacted by the Senate and House of Rep- (Mr. BREAUX) was added as a cosponsor provide students with its intended ben- resentatives of the United States of America in of S. 71, a bill to amend the Fair Labor efits must also safeguard them against Congress assembled, Standards Act of 1938 and the Civil S520 CONGRESSIONAL RECORD — SENATE February 9, 1998

Rights Act of 1964 to provide more ef- S. 1580 (Mr. BOND), the Senator from Ohio (Mr. fective remedies to victims of discrimi- At the request of Mr. SHELBY, the DEWINE), the Senator from Indiana nation in the payment of wages on the names of the Senator from Kentucky (Mr. LUGAR), the Senator from Okla- basis of sex, and for other purposes. (Mr. FORD) and the Senator from South homa (Mr. INHOFE), the Senator from S. 887 Carolina (Mr. HOLLINGS) were added as Michigan (Mr. ABRAHAM), the Senator At the request of Ms. MOSELEY- cosponsors of S. 1580, a bill to amend from North Carolina (Mr. FAIRCLOTH), BRAUN, the names of the Senator from the Balanced Budget Act of 1997 to the Senator from Indiana (Mr. COATS), Virginia (Mr. WARNER) and the Senator place an 18-month moratorium on the the Senator from North Carolina (Mr. from Nebraska (Mr. HAGEL) were added prohibition of payment under the medi- HELMS), the Senator from Iowa (Mr. as cosponsors of S. 887, a bill to estab- care program for home health services GRASSLEY), the Senator from New lish in the National Service the Na- consisting of venipuncture solely for Hampshire (Mr. GREGG), the Senator tional Underground Railroad Network the purpose of obtaining a blood sam- from Tennessee (Mr. FRIST), the Sen- to Freedom program, and for other pur- ple, and to require the Secretary of ator from Alabama (Mr. SESSIONS), the poses. Health and Human Services to study Senator from Hawaii (Mr. INOUYE), the potential fraud and abuse under such EIN S. 980 Senator from California (Mrs. F - program with respect to such services. STEIN), the Senator from New York At the request of Mr. DURBIN, the name of the Senator from Louisiana S. 1582 (Mr. MOYNIHAN), the Senator from Illi- nois (Ms. MOSELEY-BRAUN), the Senator (Ms. LANDRIEU) was added as a cospon- At the request of Mr. ROBB, the name sor of S. 980, a bill to require the Sec- of the Senator from Virginia (Mr. WAR- from Massachusetts (Mr. KERRY), the retary of the Army to close the United NER) was added as a cosponsor of S. Senator from Wisconsin (Mr. KOHL), States Army School of the Americas. 1582, a bill to provide market transi- the Senator from West Virginia (Mr. tion assistance for quota holders, ac- ROCKEFELLER), the Senator from Ar- S. 1045 tive tobacco producers, and tobacco- kansas (Mr. BUMPERS), the Senator At the request of Mr. DASCHLE, the growing counties, to authorize a pri- from Maryland (Ms. MIKULSKI), the name of the Senator from Hawaii (Mr. vate Tobacco Production Control Cor- Senator from Florida (Mr. GRAHAM), INOUYE) was added as a cosponsor of S. poration and tobacco loan associations the Senator from Nebraska (Mr. 1045, a bill to prohibit discrimination to control the production and market- KERREY), the Senator from Connecticut in employment on the basis of genetic ing and ensure the quality of tobacco (Mr. DODD), the Senator from South information, and for other purposes. in the United States, and for other pur- Carolina (Mr. THURMOND), the Senator S. 1151 poses. from Virginia (Mr. ROBB), the Senator At the request of Mr. DODD, the name S. 1615 from Nevada (Mr. BRYAN), the Senator of the Senator from South Dakota (Mr. At the request of Mr. CLELAND, the from Nevada (Mr. REID), the Senator JOHNSON) was added as a cosponsor of names of the Senator from Illinois (Ms. from Louisiana (Ms. LANDRIEU), the S. 1151, a bill to amend subpart 8 of MOSELEY-BRAUN) and the Senator from Senator from Oregon (Mr. WYDEN), the part A of title IV of the Higher Edu- Hawaii (Mr. INOUYE) were added as co- Senator from Missouri (Mr. ASHCROFT), cation Act of 1965 to support the par- sponsors of S. 1615, a bill to present a the Senator from New Jersey (Mr. LAU- ticipation of low-income parents in gold medal to Len ‘‘Roy Rogers’’ Slye TENBERG), the Senator from Vermont postsecondary education through the and Octavia ‘‘Dale Evans’’ Smith. (Mr. JEFFORDS), the Senator from New provision of campus-based child care. SENATE CONCURRENT RESOLUTION 55 Jersey (Mr. TORRICELLI), and the Sen- S. 1283 ator from Alaska (Mr. STEVENS) were At the request of Mr. GREGG, the At the request of Mr. BUMPERS, the name of the Senator from South Da- added as cosponsors of Senate Resolu- tion 148, A resolution designating 1998 name of the Senator from New Mexico kota (Mr. JOHNSON) was added as a co- (Mr. BINGAMAN) was added as a cospon- sponsor of Senate Concurrent Resolu- as the ‘‘Onate Cuartocentenario’’, the sor of S. 1283, a bill to award Congres- tion 55, A concurrent resolution declar- 400th anniversay commemoration of sional gold medals to Jean Brown ing the annual memorial service spon- the first permanent Spanish settlement Trickey, Carlotta Walls LaNier, Melba sored by the National Emergency Medi- in New Mexico. Patillo Beals, Terrence Roberts, Gloria cal Services Memorial Service Board of SENATE RESOLUTION 170 Ray Karlmark, Thelma Mothershed Directors to honor emergency medical At the request of Mr. SPECTER, the Wair, Ernest Green, Elizabeth Eckford, services personnel to be the ‘‘National name of the Senator from North Da- and Jefferson Thomas, commonly re- Emergency Medical Services Memorial kota (Mr. DORGAN) was added as a co- ferred collectively as the ‘‘Little Rock Service.’’ sponsor of Senate Resolution 170, A Nine’’ on the occasion of the 40th anni- SENATE RESOLUTION 148 resolution expressing the sense of the versary of the integration of the Cen- At the request of Mr. DOMENICI, the Senate that the Federal investment in tral High School in Little Rock, Ar- names of the Senator from Mississippi biomedical research should be in- kansas. (Mr. LOTT), the Senator from South creased by $2,000,000,000 in fiscal year S. 1334 Dakota (Mr. DASCHLE), the Senator 1999. At the request of Mr. BOND, the from Georgia (Mr. COVERDELL), the SENATE RESOLUTION 171 names of the Senator from Maine (Ms. Senator from Nebraska (Mr. HAGEL), At the request of Mr. SPECTER, the SNOWE) and the Senator from North the Senator from Texas (Mrs. names of the Senator from Ohio (Mr. Dakota (Mr. DORGAN) were added as co- HUTCHISON), the Senator from Alaska DEWINE), the Senator from Maryland sponsors of S. 1334, a bill to amend title (Mr. MURKOWSKI), the Senator from (Ms. MIKULSKI), the Senator from New 10, United States Code, to establish a Tennessee (Mr. THOMPSON), the Senator Jersey (Mr. TORRICELLI), the Senator demonstration project to evaluate the from New Hampshire (Mr. SMITH), the from Massachusetts (Mr. KENNEDY), the feasibility of using the Federal Em- Senator from Utah (Mr. BENNETT), the Senator from West Virginia (Mr. ployees Health Benefits program to en- Senator from Maine (Ms. COLLINS), the ROCKEFELLER), the Senator from Maine sure the availability of adequate health Senator from Oklahoma (Mr. NICKLES), (Ms. SNOWE), the Senator from New care for Medicare-eligible beneficiaries the Senator from Montana (Mr. Jersey (Mr. LAUTENBERG), the Senator under the military health care system. BURNS), the Senator from Kansas (Mr. from Maryland (Mr. SARBANES), the S. 1422 ROBERTS), the Senator from Idaho (Mr. Senator from Virginia (Mr. ROBB), the At the request of Mr. MCCAIN, the CRAIG), the Senator from Arkansas Senator from Virginia (Mr. WARNER), name of the Senator from Nevada (Mr. (Mr. HUTCHINSON), the Senator from and the Senator from Florida (Mr. BRYAN) was added as a cosponsor of S. New York (Mr. D’AMATO), the Senator GRAHAM) were added as cosponsors of 1422, a bill to amend the Communica- from Washington (Mr. GORTON), the Senate Resolution 171, A resolution tions Act of 1934 to promote competi- Senator from Utah (Mr. HATCH), the designating March 25, 1998, as ‘‘Greek tion in the market for delivery of mul- Senator from Mississippi (Mr. COCH- Independence Day: A National Day of tichannel video programming and for RAN), the Senator from Colorado (Mr. Celebration of Greek and American De- other purposes. ALLARD), the Senator from Missouri mocracy’’. February 9, 1998 CONGRESSIONAL RECORD — SENATE S521 SENATE RESOLUTION 173 negotiated a Treaty of Amity and Com- that correctional personnel play in our At the request of Mrs. BOXER, the merce with that country in 1833. communities. names of the Senator from South Da- Thailand was the first country af- Correctional officers and employees kota (Mr. DASCHLE), the Senator from flicted with the so-called Asian con- put their lives on the line every day to New Jersey (Mr. TORRICELLI), the Sen- tagion, and the first to receive IMF as- protect the public from dangerous ator from Louisiana (Ms. LANDRIEU), sistance. However, at the time the IMF criminals. These brave men and women and the Senator from Pennsylvania put the package together for Thailand also protect incarcerated individuals (Mr. SPECTER) were added as cospon- in August, 1977, Asia’s regional econ- from the violence of their cir- sors of Senate Resolution 173, A resolu- omy looked far different than it does cumstance, and they help prisoners tion expressing the sense of the Senate today. Let me give one compelling ex- work toward returning to lawful soci- with respect to the protection of repro- ample of how things have changed: ety. ductive health services clinics. Last year, both Korea and Indonesia I urge my colleagues to join with me to recognize the work and contribu- f were economically secure enough to pledge so-called ‘‘second line of de- tions of our nation’s correctional offi- SENATE RESOLUTION 174— fense’’ contingency loans to Thailand. cers and employees. RELATIVE TO THAILAND The point is, Mr. President, many of f Mr. ROTH (for himself, Mr. BAUCUS, the assumptions that the IMF used in NOTICES OF HEARINGS Mr. THOMAS, and Mr. LUGAR) submitted formulating the conditions for Thai- land’s package are no longer applica- COMMITTEE ON LABOR AND HUMAN RESOURCES the following resolution; which was re- Mr. JEFFORDS. Mr. President, I ble. ferred to the Committee on Foreign would like to announce for information Despite the changes, however, the Relations: of the Senate and the public that a new Government of Thailand has been S. RES. 174 hearing of the Senate Committee on making important progress in fulfilling Whereas, the United States maintains a Labor and Human Resources will be its IMF obligations. Already Thailand close bilateral partnership with Thailand held on Tuesday, February 10, 1998, has taken steps to improve financial and has a profound interest in furthering 10:00 a.m., in SD–430 of the Senate that relationship; and economic transparency and cut its Dirksen Building. The subject of the Whereas, the friendship between our two budget. hearing is Tobacco Settlement IV. For countries goes back farther than that with I recently visited Thailand and was further information, please call the any other Asian nation dating back to the very impressed by the new leadership committee, 202/224–5375. Treaty of Amity and Commerce and Naviga- in Bangkok, by the steps they have tion of 1833; taken thus far and by their resolve in SUBCOMMITTEE ON PUBLIC HEALTH AND SAFETY Whereas, the bilateral trade relationship is Mr. JEFFORDS. Mr. President, I fulfilling their IMF obligations. robust and promises to grow even more so in would like to announce for information Mr. President, I believe I am safe in time; of the Senate and the public that a Whereas, the U.S. security relationship saying that all of us in this chamber— hearing of the Subcommittee on Public with Thailand is one of our most critical, and Americans all across this land—are Health and Safety, Senate Committee and it is in both countries’ interest to main- great admirers of Thailand and Thai on Labor and Human Resources will be tain and strengthen that relationship; culture. I remain optimistic about held on Wednesday, February 11, 1998, Whereas, the new government in Thailand Thailand’s future. Given the Thai peo- has committed itself to making significant 9:30 a.m., in SD–430 of the Senate Dirk- ple’s energy and initiative, the coun- structural reforms to its economy in line sen Building. The subject of the hear- try’s remarkable history, and its with the conditions placed upon it by the ing is Agency for Health Care Policy record of economic success, I hope and International Monetary Fund, including im- and Research (AHCPR). For further in- proving financial and economic transparency expect to see Thailand’s return to pros- formation, please call the committee, and cutting its budget; perity in the not-too-distant future. 202/224–5375. Whereas, the conditions imposed on Thai- f land by the IMF were developed in August of COMMITTEE ON LABOR AND HUMAN RESOURCES 1997 when the economic environment in Asia SENATE RESOLUTION 175—TO DES- Mr. JEFFORDS. Mr. President, I was vastly different from that existing IGNATE ‘‘NATIONAL CORREC- would like to announce for information today; TIONAL OFFICERS AND EMPLOY- of the Senate and the public that a Whereas, an example of those changed cir- EES WEEK’’ hearing of the Senate Committee on cumstances is the fact that both Korea and Labor and Human Resources will be Indonesia provided second line of defense Mr. ROBB submitted the following held on Thursday, February 12, 1998, contingency loans to Thailand in August, resolution; which was referred to the 10:00 a.m., in SD–430 of the Senate 1997, amounting to US$500 million each; Committee on the Judiciary: Resolved, That it is the sense of the Senate Dirksen Building. The subject of the that: S. RES. 175 hearing is Education of the Deaf Act. (1) The United States should be prepared to Whereas the operation of correctional fa- For further information, please call the take appropriate steps to help ensure that cilities represents a crucial component of committee, 202/224–5375. Thailand’s economic recovery efforts will our criminal justice system; COMMITTEE ON SMALL BUSINESS continue uninterrupted and to enhance the Whereas correctional personnel play a close political, economic and security rela- vital role in protecting the rights of the pub- Mr. BOND. Mr. President, I wish to tions between Thailand and the United lic to be safeguarded from criminal activity; announce that the Committee on Small States; and Whereas correctional personnel are respon- Business will hold a hearing entitled (2) Thailand deserves praise and com- sible for the care, custody and dignity of the ‘‘IRS Reform: What America’s Tax- mendation from the United States for the human beings charged to their care; and payers Need Now.’’ The hearing will be measures it has implemented to resolve its Whereas correctional personnel work under held on February 12, 1998, beginning at financial problems. demanding circumstances and face danger in 9:30 a.m. ET in three locations: room Mr. ROTH. Mr. President, I rise their daily work lives: Now, therefore, be it Resolved, That the Senate designates the 428A of the Russell Senate Office Build- today on behalf of myself, Mr. BAUCUS, week of May 3, 1998 as ‘‘National Correc- ing, Washington, D.C.; St. Louis, Mis- Mr. THOMAS, and Mr. LUGAR, to submit tional Officers and Employees Week.’’ The souri; and Salt Lake City, Utah. De- a Resolution to state the sense of the President is authorized and requested to scription of hearing: Senate Committee Senate that Thailand remains one of issue a proclamation calling upon the people on Small Business meets cyberspace; America’s most important partners of the United States to observe such week holds first virtual committee hearing and closest friends, and that Bangkok with appropriate ceremonies and activities. on the Internet on proposals to reform has been making important strides in Mr. ROBB. Mr. President, I rise the IRS and improve taxpayer rights. executing its responsibilities under its today to submit a Senate resolution to For further information, please contact arrangements with the International designate the week of May 2, 1998 as Mark Warren at 224–5175. Monetary Fund. ‘‘National Correctional Officers and COMMITTEE ON ENERGY AND NATURAL Mr. President, America’s friendship Employees Week.’’ RESOURCES with Thailand is our longest-standing Mr. President, this resolution gives Mr. CRAIG. Mr. President, I would in Asia. Our first Envoy to Thailand needed recognition to the vital role like to announce for the public that an S522 CONGRESSIONAL RECORD — SENATE February 9, 1998 oversight hearing has been scheduled fall upon innocent civilians. How many rity’s $93 billion surplus and the sur- before the Subcommittee on Forests more incidents such as the one in pluses held in other federal trust funds and Public Land Management of the Aviano have to occur before it becomes were removed from the calculations, Senate Committee on Energy and Nat- clear that the potential for tragedy in the Clinton budget would actually ural Resources. The hearing will take these missions is too great? show a deficit of $95.7 billion. place Wednesday, February 24, 1998 at I would like to see the following ac- Even the relatively small surplus 9:45 a.m. in room SD–366 of the Dirksen tions taken: that is created by commingling all of 1. A change in the guidelines over Senate Office Building in Washington, the funds—that is, after mixing Social where planes can fly training missions. D.C. The purpose of this hearing is to Security with the rest of the federal receive testimony on the use of spe- 2. An immediate report to the Amer- ican people of the facts of the accident budget—is shrunken considerably from cialty forest products from the na- what it would have been if the Presi- tional forests. Those who wish to sub- at Aviano. It has been almost a week and we still have no information from dent reserved the entire amount for So- mit written statements should write to cial Security, as he said he would. That the Committee on Energy and Natural the military. 3. If the investigation shows that the is because he devotes the bulk of the Resources, U.S. Senate, Washington, pilot was at fault, the pilot should be resulting surplus to a host of new D.C. 20510. For further information, subject to Italian law.∑ spending initiatives. please call Judy Brown or Mark Rey at f (202) 224–6170. Here are just some of the new pro- f ‘‘BEWILDERING BUDGET-SPEAK’’ grams that President Clinton is propos- ON SOCIAL SECURITY ing: ADDITIONAL STATEMENTS ∑ Mr. KYL. Mr. President, millions of a new clean water initiative for Americans, myself included, listened about $37 million; MILITARY ACCIDENT IN AVIANO, intently to what President Clinton had two new farm programs for $14 mil- ITALY to say about Social Security in his lion; Mrs. FEINSTEIN. Mr. President, I rise State of the Union address. What we $170 million for new mandatory em- today to express my deep sympathy to heard—or what we thought we heard— powerment zones and enterprise com- the families of those killed in Italy by was a plan by the President to reserve munities; a low flying plane. Like all Americans, any budget surplus that might emerge I was shocked, saddened, and angered in the next few years to shore up Social a new program called the Community that an American plane caused this Security for future generations. Empowerment Fund, which will cost tragedy. It was a plan that drew widespread about $400 million; We do not have all the details at this praise from the public. But now it a new $10 million Indian land consoli- time and are having to rely on media turns out that what we heard is not, dation pilot program; reports, but I want to be very clear. according to White House spokesmen, $47 million on a new community ad- This tragedy never should have hap- what the President really meant. The justment program to help areas ad- pened. This was a disgraceful act, mili- Washington Post put it this way in a versely affected by trade agreements; tary training should not be done in ci- February 4 report: ‘‘the ringing sim- at least eight new education pro- vilian areas. plicity of Clinton’s call to ‘save Social I wish that I could say that this was Security first’ gave way to a fog of be- grams totaling over $1.8 billion; an isolated incident. Unfortunately, I wildering budget-speak from the ad- a new Medicare buy-in program cost- cannot. Accidents during training mis- ministration’s top economic advisers.’’ ing $1.5 billion over five years; sions occur with disturbing frequency. Here is what OMB spokesman Larry $4.5 billion for five new child-care re- Last September, the Secretary of De- Haas had to say: ‘‘People who think it lated programs; fense was forced to suspend all training [President Clinton’s proposal] shores a new smoking cessation program for flights after a rash of six crashes with- up Social Security were not listening $87 million; and in one week. closely.’’ Testifying before the Senate Also in September, a F–117 crashed in Budget Committee, Treasury Secretary two new law-enforcement initiatives Maryland, injuring 4 civilians and Robert Rubin admitted that the Clin- for $200 million. burning a portion of a home. ton budget does not include any mech- The cost of these new programs is es- In 1996, a U–2 spy plane crashed in the anism that would transfer surpluses to timated to be about $120 billion to $130 parking lot of the Mercury-Register the Social Security trust fund. billion over the next five years, and newspaper, killing one and injury two Mr. President, why the intricate that does not even count the myriad others. game of words? Is Social Security first increases he proposes for other existing In October, a military jet crashed in or not? Let us take a look. federal programs. In other words, some Pennsylvania. The pilot managed to Next year—the year covered by $120 billion to $130 billion of antici- eject safely, but the plane exploded President Clinton’s proposed budget— pated unified budget surpluses are not near a busy interstate highway. Social Security itself will run an esti- reserved for Social Security at all, but It may be impossible to make train- mated surplus of about $93 billion. Re- are used to create brand new programs. ing missions 100% safe for the pilots, member, the system is currently gener- Granted, many of these proposals are but we have an obligation to make sure ating surpluses that are intended to appealing, and some address real needs they are safe for civilians. build up until about the year 2016, in our communities. Granted, some of In the tragedy in Aviano, Italy, the when we will have to begin using them the spending for these new programs is pilot was flying an approved flight path to pay retirement benefits to 75 million designed to come from the proposed to- though not at an approved altitude. baby boomers. This flight path led the plane, at a very But the Clinton budget does not set bacco settlement. But if President low altitude, directly over a function- aside this $93 billion Social Security Clinton is sincere in his desire to re- ing ski lift. While I have trouble believ- surplus. The Clinton budget spends serve 100 percent of the surplus for So- ing news reports that pilots entertain every penny of it on general operating cial Security, how is it that there is so themselves by flying under the ski lift expenses of the federal government. much money for so many new pro- cables, that plane never should have The practice of using the Social Se- grams? Why is the tobacco money not been in the proximity of the ski lift. curity nest egg to mask overall govern- used to boost the size of the surplus The potential for tragedy was simply ment deficits dates back to President that could be devoted to Social Secu- too great. Unfortunately, it took the Lyndon Johnson. Colleagues from both rity? deaths of 20 people to prove it. sides of the aisle have condemned it for Given the programs I just mentioned Clearly, responsibility for this trag- years. It is only because President a few moments ago, it is obvious that edy lies not only with the pilot, but Clinton employs this sleight of hand— Social Security is not really first on also with the commanders who author- counting the Social Security surplus in President Clinton’s list of anticipated ized these dangerous flights. There is a the unified federal budget—that he is uses of any unified budget surplus. It is certain degree of risk involved in all able to show an overall surplus of $9 not second or even third. It does not training missions. That risk should not billion for next year. If Social Secu- make the top 10 list. It is number 26 on February 9, 1998 CONGRESSIONAL RECORD — SENATE S523 the President’s list, after all of these Compared to other expenses facing in ending the Cold War peacefully and other new programs are created. Re- America’s families, food is a bargain. ushering in an historic era of improved member, too, that President Clinton is While Americans must only work until world-wide relations. In 1991, however, proposing to spend the entire $93 bil- February 9th to pay for their yearly Eduard Shevardnadze was at odds with lion surplus that the Social Security food supply, last year they had to work the dictatorial policies of the Com- system will itself generate—spend it on until May 9th just to pay for their munist Party. His strong principles ul- other things. taxes. In addition, the percentage of timately drove him to forego the So what did President Clinton really disposable personal income spent for trappings of the elite political class mean when he spoke of Social Security food has declined over the last 25 years. and he resigned his position. in his State of the Union? Here is what In 1997, Food Check Out Day would Upon his resignation, Eduard he said: have been on February 10. In 1970, Food Shevardnadze returned to Georgia. In I propose that we reserve 100 percent of the Check-Out Day would have been 11 the aftermath of the collapse of the So- surplus—that is every penny of any surplus— days later than it is today—February viet Union, his homeland was desta- until we have taken all the necessary meas- 20. bilized and struggling economically. ures to strengthen the Social Security sys- Eduard Shevardnadze began assisting tem for the 21st century. This is made more notable by the fact that trends indicate Americans are in the revitalization of Georgia, and in His budget clearly spends the sur- buying more expensive convenience November, 1995, he was elected presi- plus, so what hidden meaning could food items for preparation at home, as dent. His policies have focused on re- there possibly be in his apparently very well as more food away from home. storing territorial integrity, as well as carefully crafted words? The Agriculture Department’s latest Treasury Secretary Rubin explained promoting economic and political inde- statistic, compiled for 1996, includes to the Budget Committee that the pendence. Since his election, President President was merely declaring his op- food and non-alcoholic beverages con- Shevardnadze’s notable achievements position to using surpluses, should sumed at home and away from home. include adopting and implementing a they materialize, for any purpose other This includes food purchases from gro- new constitution, introducing a new than paying down the national debt cery stores and other retail outlets, in- currency, cracking down on organized until Congress and the President have cluding food purchases with food crime, and negotiating important trea- agreed on a long-term solution that en- stamps and vouchers for the Women, ties with neighboring countries to se- sures the solvency of the Social Secu- Infants and Children’s program. The cure Georgia’s future. rity program. In other words, nothing statistic also includes away-from-home President Eduard Shevardnadze’s may ever be set aside specifically for meals and snacks purchased by fami- personal journey from communist to Social Security. lies and individuals, as well as food fur- democratic leader is a compelling ex- Mr. President, I am confused, as I nished to employees. ample of the triumph of the human think most Americans are, about Mr. President, many states will mark spirit. His high standing among West- President Clinton’s intentions with re- today with an event to raise food dona- ern leaders has been earned through his spect to Social Security. John Rother, tions for their local Ronald McDonald principled democratic leadership and chief lobbyist for the American Asso- House. The Ronald McDonald House perseverance in the face of adversity. I ciation of Retired Persons, told The provides a ‘‘home-away-from-home’’ would like to express my warm regards Washington Post that many of his for the families of seriously ill children to President Shevardnadze in wishing members are also confused and mistak- receiving medical treatment in their him a prosperous seventieth year.∑ enly assume the surpluses will be used local areas. The food donated from f these Food Check Out Day programs to pay future Social Security benefits. PROHIBITING THE DESECRATION Crafting next year’s budget, let alone will be used to help feed visiting fami- OF THE FLAG OF THE UNITED tackling the coming problems in the lies staying at the House. STATES Social Security system and the many The bottom line, Mr. President, is other important problems facing this that food in America is affordable, in Mr. KEMPTHORNE. Mr. President, I administration and the country, re- large part because of America’s produc- rise today to express my strong support quires straight talk and straight an- tive farmers and ranchers. Food Check- for S.J. Res. 40, a resolution to propose swers. Either Social Security is first or Out Day allows us to recognize their a Constitutional amendment to pro- it is not. Either we reserve any surplus hard work, the benefits of which we all hibit the desecration of the flag of the for Social Security or we do not. Tell enjoy. As a fellow rancher, I personally United States. I am pleased to be an the truth, and the American people want to salute these Americans and original cosponsor of this resolution. will support what needs to be done. thank them.∑ The people of Idaho have told me, Senior citizens deserve better than to f quite clearly, that they feel we must be treated as a political football by take steps to protect the Stars and 70TH BIRTHDAY OF PRESIDENT this President. Stripes. By way of a resolution passed ∑ EDUARD SHEVARDNADZE f by the Idaho State Legislature approxi- ∑ Mr. STEVENS. Mr. President, I call mately three years ago, my constitu- FOOD CHECK OUT DAY the Senate’s attention to an individual ents let it be known that Idahoans ∑ Mr. CRAIG. Mr. President, today we who has dedicated his life to liberating want the opportunity to ratify an celebrate ‘‘Food Check Out Day’’ and his people and restoring his nation. amendment to the Constitution which commemorate the day when the aver- Eduard Shevardnadze’s career of gov- would prohibit the desecration of the age American will have earned enough ernment service is marked most sig- flag. The resolution stated, ‘‘. . .the income to pay for the entire year’s food nificantly by his personal journey from American Flag to this day is a most supply. We celebrate the bounty from being a member of the Soviet hier- honorable and worthy banner of a na- America’s farms and ranches and how archy to being the prominent demo- tion which is thankful for its strengths it is shared with American consumers cratic leader he is today. I am proud to and committed to curing its faults, and through affordable food prices. have met him on several occasions and a nation which remains the destination According to the United States De- draw the Senate’s attention to this ex- of millions of immigrants attracted by partment of Agriculture, on average, traordinary man’s accomplishments in the universal power of the American American consumers spend only 10.9 celebration of his seventieth birthday ideal. . .’’. percent of their disposable income for which was January 25, 1998. Perhaps nowhere is the desire to pro- food. When applied to the calendar Eduard Shevardnadze’s career began tect the American ideal exhibited bet- days, that means that the average with a steady rise through the Com- ter than in the men and women who American will have earned enough in- munist Party. As the Minister of For- serve this nation in our armed forces. come to pay for his or her family’s an- eign Affairs, his ability as a diplomat As a member of the Armed Services nual food supply in just 40 days. We brought the United States and Soviet committee, I have had the opportunity commemorate this fact on February Union into a better understanding of to visit with many of these outstand- 9th, which is the 40th day of this year. one another. He was a significant force ing Americans who serve our nation S524 CONGRESSIONAL RECORD — SENATE February 9, 1998 both on our own soil and in foreign 2002. This is President Clinton’s budg- into an agreement that said here is lands around the globe. These men and et. That was what he submitted to Con- how much we are going to spend in dis- women stand ready, at a moments no- gress in January of 1995. cretionary spending every year. The tice, to put their lives on the line so Now, you had something happen in President is violating that agreement that U.S. citizens here and abroad may November of ’94, which is that the Re- by his submission of the budget. live in peace and safety. They are pre- publicans were elected to take control Now, the budget was balanced, but pared to protect, at any cost, the rights of Congress. That was the change. This yet in the budget that we agreed upon and freedoms which we all hold so dear, already takes into account the Presi- last year, one of the reasons it is bal- and for which so many have sacrificed dent’s large tax increase of 1993. So anced is because basically we froze, or so much during the more than 220 years that is already computed in here. In came close to freezing discretionary of our nation’s history. As they serve, spite of his large tax increase, deficits spending. He is calling for increases in even on foreign ground, they serve continued to increase, from $176 billion discretionary spending above what was under Old Glory, the symbol of all that in ’95 to an estimated $322 billion in the agreed upon last year. He calls for $124 we value and cherish about the United year 2002. billion in new spending. He also has tax States of America. The flag serves as a I make a point of that because I have cuts that really also would have an in- constant reminder of the land they call heard several administrative officials creasing impact on the deficit of $24.2 home, of their family and friends, and testifying, ‘‘Yes, we brought the deficit billion. of all the values that make the United down and did it because of that historic If you add the two together, the States of America the beacon of liberty tax increase of 1993.’’ I just beg to dif- President’s proposal that he made in and justice throughout the world. fer. The facts were that the policies his budget and in the State of the In trying to define what the flag of showed that the deficit was going to Union, if you took the new spending the United States means, I was par- continue to climb significantly. What and the tax cuts, which are really, in ticularly moved by the words of Henry happened since 1995? That is what this my opinion, using the Tax Code to Ward Beecher. In his essay, ‘‘The chart will show. We have had some tax spend money, it would have a negative Meaning of Our Flag,’’ he wrote, ‘‘Our cuts. The tax cut that was passed—ac- impact on the deficit of $148.3 billion Flag carries American ideas, American tually, there was one passed in ’95, but over this period of time. history and American feelings. Begin- the President vetoed it. So there is no I am going to submit this for the ning with the Colonies, and coming change in ’95 and ’96, as far as the Tax record. It will show you exactly where down to our time, in its sacred her- Code. Congress did pass, and the Presi- it goes, the discretionary, mandatory— aldry, in its glorious insignia, it has dent signed, a tax reduction effort last where in the mandatory spending, gathered and stored chiefly this su- year. This chart will show the net ef- where in the tax cuts, the amount of preme idea: divine right of liberty in fect of that. Frankly, it is not very those tax cuts the President has pro- man. . . .That it meant, that it means, large. In between the years 1997 and posed. He has proposed this amount of and, by the blessing of God, that it 2002, it is a net tax cut of $75 billion. So new spending and tax cuts which have shall mean to the end of time!’’ that didn’t have a lot of difference on a negative impact on the deficit of $148 Mr. President, by supporting S.J.Res. what happened in the economy. billion. 40, we honor the meaning of the flag. Spending cuts over that same period In other words, if we do not do any- By acknowledging that the flag of the of time, between the year 1995 and 2002, thing, the deficit picture will be $148 United States is more than just a piece was $276 billion. So that didn’t have a billion better than it would be if we en- of cloth, more than just a physical en- lot. The primary difference was re-esti- acted the President’s spending and tax tity devoid of value, we indicate our mates—re-estimates. I am using CBO proposal. understanding of those things for data, Congressional Budget Office data. Now, to pay for it, he does provide for which it stands. I hope my colleagues The difference of technical and eco- $115.8 billion of new taxes—tobacco tax will join me, and the resolution’s spon- nomic assumptions is $1.567 trillion increases, other tax increases, and user sors and cosponsors, in taking the first over those same years. And so, yes, the fees. If you add all that together, it is step toward protecting the flag and ev- economy has done better, and the esti- $115.8 billion. He has proposed spending erything it represents. mates were off. The growth rates have cuts in the mandatory items of $34 bil- f been higher, revenues have been high- lion, and so that’s how he is paying for er. That is the principal source of defi- his new spending and for his tax cuts. REDUCTION OF THE DEFICIT cit reduction. Again, I am not even try- So I just make mention of that, Mr. Mr. NICKLES. Mr. President, during ing to offer a lot of my own opinion. I President. The President’s proposal the President’s State of the Union am just trying to show that here is the violates the budget proposal because it speech, as well as in the submission of deficit projection given by CBO in Jan- increases discretionary spending more the budget, there have been a lot of ac- uary of 1995. Here is the CBO deficit than we agreed upon last year, and colades about a balanced budget. Many baseline in January of 1998, 3 years that’s where we are getting a lot of of us have worked for a long, long time apart, but a total of a couple of trillion savings. Then he says basically what to see a balanced budget. It has been dollars difference in their net results. he wants to do is to spend $124 billion kind of interesting, with different peo- Now, Mr. President, I would like to more over this period of time than ple taking credit for it. The President talk about the President’s budget that what we agreed upon last year. He said he has done it since has been in of- he submitted to Congress. He made the wants to give some tax cuts of $24 bil- fice, that the deficit has come down statement that he did not want one lion, targeted social spending through every year. The Republicans have said dime to be spent that would increase the Tax Code, and some of that is for after they took control in the ’94 elec- the national debt—not one dime. Under school construction, some of it is for tions, that is when we really saw the the President’s proposal, he has $124 child care tax credits, for environ- deficits reduce. billion, actually $124.1 billion, between mental purposes, and so on. But any- I would like to put some facts into the year 1998 and the year 2003, that 5- way, he wants to use the Tax Code to the RECORD, dealing both with the year period of time, that would in- spend money, and so he has $148 billion. President’s budget and also the source crease the debt by new spending. And What does he do? He says, well, let’s in- of the decline of the deficit since Janu- $70.9 billion of that is discretionary crease taxes $115.8 billion and let’s ary of 1995. In the budget deficit of 1995, spending—including mandatory, a total make some changes in some of the en- submitted by President Clinton, in of $124 billion of new spending, spend- titlement programs, spectrum fees and January of 1995, it showed that the def- ing over and above what we have in so on, and we will raise the money to icit was estimated to be $176 billion in present law, spending over and above do it. So he wants to spend and tax $150 1995; in 1996, it was supposed to be, or what is now contemplated, spending billion more than we agreed to last estimated to be $207 billion; in 1997, over and above what was agreed upon year—$150 billion over 5 years. That is $224 billion; $222 billion in ’98; $253 bil- last year. what it boils down to. lion in ’99; $284 billion in 2000; $297 bil- I might mention, as far as the discre- In other words, you can do nothing lion in 2001; $322 billion in the year tionary spending, last year we entered and you will have basically the same February 9, 1998 CONGRESSIONAL RECORD — SENATE S525 deficit picture under the President’s about $148 billion, $150 billion more in I ask unanimous consent that three budget as if you adopted it. If you discretionary and mandatory spending charts I prepared using the President’s adopt the President’s budget, you and we are going to tax that much. budget and CBO be printed in the would spend a lot more and you would RECORD. tax a lot more, period. If you just look That is really what it boils down to. at the figures, here is the budget level I hope we do not follow that. But I at There being no objection, the mate- under existing law, or if we adopt the least wanted to put that in the RECORD rial was ordered to be printed in the President’s, we are going to spend so my colleagues would have it. RECORD, as follows: S526 CONGRESSIONAL RECORD — SENATE February 9, 1998 February 9, 1998 CONGRESSIONAL RECORD — SENATE S527 S528 CONGRESSIONAL RECORD — SENATE February 9, 1998 February 9, 1998 CONGRESSIONAL RECORD — SENATE S529 S530 CONGRESSIONAL RECORD — SENATE February 9, 1998 Mr. NICKLES. Mr. President, I see ORDERS FOR TUESDAY, PROGRAM my colleague from West Virginia. I am FEBRUARY 10, 1998 Mr. NICKLES. On Tuesday, at 11 a.m. going to close the Senate unless he Mr. NICKLES. Mr. President, I ask the Senate will vote to invoke cloture wishes to address the Senate. And he unanimous consent that when the Sen- on the nomination of David Satcher to has declined, Mr. President. ate completes its business today, it be Surgeon General. Under the agree- stand in adjournment until 10 a.m. on ment, if cloture is invoked, a second f Tuesday, February 10, and immediately vote will occur immediately on the following the prayer, the routine re- confirmation of that nomination. UNANIMOUS CONSENT AGREE- quests through the morning hour be Therefore, Senators should be aware MENT—NOMINATION OF MAR- granted. there may be two consecutive rollcall GARET MORROW I further ask consent that the time votes beginning at 11 a.m. tomorrow. until 11 a.m. be equally divided be- As a reminder, the cloture vote on Mr. NICKLES. Mr. President, I ask tween the proponents and opponents of the motion to proceed to the cloning unanimous consent that in executive the nomination of David Satcher to be bill will now occur on Wednesday at 10 session the majority leader, after con- Surgeon General. a.m. sulting with the Democratic leader, The PRESIDING OFFICER. Without At 2:15 on Tuesday, February 10, it may proceed to executive session for objection, it is so ordered. may be the majority leaders’s inten- consideration of the nomination of Cal- Mr. NICKLES. I further ask unani- tion to consider the nomination of endar No. 135, Margaret Morrow, to be mous consent that the Senate recess Judge Massiah-Jackson. Therefore, U.S. district judge for the Central Dis- from 12:30 until 2:15 on Tuesday for the votes can be expected to occur. trict of California. weekly policy conferences to meet. f I further ask consent that the nomi- The PRESIDING OFFICER. Without nation be considered under the follow- ADJOURNMENT UNTIL 10 A.M. objection, it is so ordered. TOMORROW ing limitation: 4 hours for debate on the nomination, with Senator f Mr. NICKLES. Mr. President, if there ASHCROFT in control of 2 hours, and the is no further business to come before remaining 2 hours divided with Senator the Senatae, I now ask unanimous con- UNANIMOUS CONSENT sent that the Senate stand in adjourn- BOXER in control of 45 minutes and 1 AGREEMENT—S. 1601 hour 15 minutes equally divided be- ment under the previous order. tween the chairman and ranking mem- Mr. NICKLES. I further ask unani- There being no objection, the Senate, ber. mous consent that the cloture vote on at 6:47 p.m., adjourned until Tuesday, the motion to proceed to the cloning February 10, 1998, at 10 a.m. Finally, I ask consent that following bill occur at 10 a.m. on Wednesday. I f the expiration or yielding back of the also ask unanimous consent that on debate time, the Senate proceed to a Wednesday the time from 9:30 until 10 NOMINATIONS vote on the confirmation of the nomi- a.m. be equally divided between the Executive nominations received by nation, and that following the vote, the two leaders or their designees for de- the Senate February 9, 1998: President be immediately notified of bate on the motion to invoke cloture CORPORATION FOR PUBLIC BROADCASTING the Senate’s action, and the Senate on the motion to proceed to the bill, S. then return to legislative session. CHRISTY CARPENTER, OF CALIFORNIA, TO BE A MEM- 1601. BER OF THE BOARD OF DIRECTORS OF THE CORPORA- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JANUARY 31, 2002, VICE LESLEE B. ALEXANDER, TERM EX- objection, it is so ordered. objection, it is so ordered. PIRED.