November 7, 1995 CONGRESSIONAL RECORD-SENATE 31521 SENATE-Tuesday, November 7, 1995

The Senate met at 10 a.m., and was SCHEDULE Senate, because it is important that we called to order by the President pro Mr. MURKOWSKI. Mr. President, have public reaction. It is kind of in­ tempore [Mr. THURMOND]. today there will be a period for the teresting to note that, as calls come in The PRESIDENT pro tempore. To­ transaction of morning business until relative to my speaking on this issue, day's prayer will be offered by Father 12:30 p.m. The Senate will stand in re­ there is a perception that we in Alaska Paul E. Lavin of St. Joseph's Catholic cess between the hours of 12:30 and 2:15 are initiating an activity that some­ Church, Washington, DC. today in order to accommodate the re­ how is irregular or a departure from spective party luncheons. what is happening in other States. I PRAYER At 2:15, the Senate will begin consid­ can only respond to that by suggesting Father Paul E. Lavin, St. Joseph's eration of H.R. 1833, a bill to ban par­ that our State has only been a State Catholic Church, Washington, DC, of­ tial birth abortions. Rollcall votes can, for 36 years. fered the fallowing prayer: therefore, be expected to occur on As a consequence, we are today es­ Let us pray: amendments to H.R. 1833 or on any tablishing our land patterns in this In Psalm 25, David sings: other items cleared for action. huge area of Alaska, which is one-fifth I wait for you, 0 Lord; Mr. President, I believe I have 20 the size of the United States. It has I lift up my soul to my God. minutes reserved for morning business? 33,000 miles of coastline. Other States In you I trust: do not let me be dis- The PRESIDING OFFICER. That is were established-such as the State of graced; correct. Virginia, nearly 200 years ago, and do not let my enemies gloat over me. Mr. MURKOWSKI. With the permis­ Washington, Oregon, California, 100 No one is disgraced who waits for you sion of the Chair, I would like to pro­ years ago. So as a "new kid on the but only those who lightly break faith. ceed. block," so to speak, as we attempt to Make known to me your ways, 0 Lord; develop resources, whether it be tim­ teach me your paths. The PRESIDING OFFICER. The Sen­ Guide me in your truth and teach me, ator from Alaska is recognized for 20 ber, fish, oil and gas, or mining, we are for you are my God and Savior. minutes. trying to take advantage of the science For you I wait all the long day, and technology that is available today because of your goodness, Lord. and learn from the mistakes of others Remember your compassion and love, OPENING THE ARCTIC OIL and balance and develop an economy. O Lord RESERVE I do not think many people have a for they are ages old. Mr. MURKOWSKI. Mr. President, for total understanding or an appreciation Remember no more the sins of my a number of days I have been sharing of that. They think that the limited youth, with my colleagues my observations on development in Alaska is somehow not remember me only in the light of your the opening of the Arctic oil reserve, or in keeping with the times. The reality love. ANWR. Briefly, for those Members who is that we have to have natural re­ We praise You 0 God and we bless are not familiar with this, let me just sources, develop those natural re­ You; You have called us to life and do a quick review. In the Congress and sources. We have a job base, and those given us so many gifts. We have sought in the reconciliation package in both jobs are high-paying jobs in construc­ and accepted offices of public trust, the House and the Senate is the au­ tion, timber, mining, oil and gas. If we and now put our trust in Your compas­ thority to initiate a lease-sale in do not develop those resources, we sim­ sion and love. ANWR. There are many misconcep­ ply get the materials from other coun­ Direct now all our actions by Your tions relative to the proposal because a tries, export our jobs overseas and ex­ holy inspiration and carry them on by number of people believe that the en­ port our dollars. Your gracious assistance so that every tire area is at risk. The significance of developing this prayer and work of ours may reflect This area in green, including the yel­ area is that geologists tell us this is Your will. low area, consists of about 19 million where a major discovery might be May our lives and voices give glory acres. That is an area the size of the made. Because Prudhoe Bay is in de­ to Your name. Amen. State of South Carolina. In 1980, Con­ cline-this area has been producing 25 gress withdrew and set in permanent percent of the total crude oil produced status the green area, consisting of 8 in the United States in the last 18 million acres of wilderness, which is years. As this area declines, the ques­ RECOGNITION OF THE ACTING shown in green and black here, and an­ tion is: Can we, or should we, replace it MAJORITY LEADER other 9112 million acres of refuge, leav­ by bringing on line this area, the small The PRESIDING OFFICER (Mr. ing the coastal plain for disposition by footprint here in the coastal plain COVERDELL). The Senator from Alaska the Congress. known as ANWR? is recognized. This area in red is the area retained Clearly, we can do it safely. We have by the Eskimo people of the village of been able to develop Prudhoe Bay. We Kaktovic. You will notice that they have developed an 800-mile pipeline. We have no access out of that area other had a bad accident with the Exxon ORDER TO PROCEED TO H.R. 1833 than into the coastal plain which is Valdez vessel, but that is something AT 2:15 P.M. TODAY Federal land. The lease-sale we are that had nothing to do with a pipeline. Mr. MURKOWSKI. Mr. President, on talking about is a proposal to lease It was one of those human failures. The behalf of the leader, I ask unanimous 300,000 acres out of this million and a ship went aground in a 101/2-mile chan­ consent that notwithstanding the pre­ half acres because the other 17 million nel. vious order, the Senate begin consider­ acres has already been withdrawn. So The point I want to make here this ation of H.R. 1833 at 2:15 today and that we are talking about a very small area. morning, Mr. President, is that we de­ morning business be extended until To suggest that the entire area is at veloped a small field adjacent to 12:30. risk clearly is a misinterpretation of Prudhoe Bay 10 years ago. That was The PRESIDING OFFICER. Without the facts. We log our telephone calls in the 10th largest producing field. His­ objection, it is so ordered. our office, as do most Members of the tory tells us that if the oil is here, they

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. 31522 CONGRESSIONAL RECORD-SENATE November 7, 1995 can develop it in about 2,000 acres. To what this activity would generate for As a consequence, it is fair to say of get back to some of the comments America unions; it would be the largest the approximately 34 herds in Alaska, which I think have prompted me to try concentration of construction in North two-thirds of them are on an increase, and give a little more explanation as to America. The Teamsters, the laborers, about 10 percent are on a decline, and why Alaska should be attempting to the !BEW, the maritime unions all sup­ the rest of them are stagnant but cycli­ develop its energy resources, there are port this. This is a significant job cal, as many of the ranging land ani­ suggestions that somehow we are be­ issue. mals in the wild. holden to an oil lobby as a delegation, It is estimated that the lease sale Now, we also have a presumption by that we should be giving more concern would bring about $2.6 billion in reve­ the Secretary of the Interior that he is to the environment, that they think we nue. That revenue, half of which would protecting our future by blocking ac­ have financial ties to the oil compa­ go to the Federal Government, the cess to opening up this area. I suggest nies. other half to the State of Alaska, the Secretary of Interior is actually One woman indicated she felt so would be raised in the private sector of gambling with our future. strongly about it that she had worked the United States without one cent of We sent troops to the Persian Gulf. to get a moratorium on elephants in Government funding. We recall the gas lines in the 1970's. We Africa and she was going to go to work Now, there is a suggestion that some are exporting our dollars and jobs. We to make sure we got a moratorium not Alaskans do not support ANWR, some are making less environmentally con­ to develop oil in Alaska. of the Native people in Alaska do not scious nations produce oil. I would like to think that these peo­ support opening. Another fiction is, this is a battle be­ ple who are obviously very interested Mr. President, I want to take that tween rich and greedy oil companies would have a full understanding of the fiction and state it factually. The Alas­ and poor and saintly environmental implications and an argument relative ka Federation of Natives, which is the groups. I want to talk about some of to the pros and cons of responsible de­ native organization in our State, voted the environmental groups tomorrow, velopment. two to one in favor of opening the area. Mr. President. Environmentalism in With that background, let me just I think it is unfortunate that the Sec­ the United States is big business. proceed briefly, because I think that retary of the Interior, as he represents There is nothing wrong with it. We there is need for some reflection on and has an obligation to represent all should recognize it simply for what it what Congress intended in 1980. The the Native people of our State, has cho­ is. name of Senator Scoop Jackson of sen to represent a very small segment, Now, the oil industry is big business Washington is familiar to all Members the Gwich'ins, representing about 1 in the United States. It provides jobs. of the Congress. He was a beloved and percent of the Native people in Alaska. It provides our Nation with energy se­ The Gwich'ins are fearful that the Por­ curity, as well. long-time Member of this body. It was We should not kid ourselves. The bat­ at his insistence that this area, the 1002 cupine caribou will somehow be at stake. The justification for that is not tle here is in many aspects between the area, be left out of the wilderness area very rich national environmental lob­ and the refuge withdrawals to be setup supported by any evidence as I will show in the next chart. byists and some of our poor Alaska Na­ specifically for Congress to address the This happens to be a picture taken of tive people who want alternative life­ prospects of oil and gas. That was done Prudhoe Bay which shows the oil pipe­ styles. They want to have running in 1980, Mr. President. line, shows a well being drilled, and it water. They want to have sewage dis­ As a consequence of that, now 4; the shows a number of caribou, pointing posal rather than honey buckets. They time for the decision to be made: and -out the reality that the caribou are want to have jobs. They want to relieve since it is in the reconciliation pack­ very adaptable. themselves of the dependence on wel­ age, we look forward to discussing the To suggest that the porcupine cari­ fare. They are being deprived of these merits. bou cannot be managed by a joint man­ opportunities by the suggestion that One of the most significant consider­ agement team of the Gwich'ins, the we cannot open up this area safely. ations is thEJ reality that this Nation is U.S. Fish and Wildlife Service and the Sometimes we see a double standard, now 51 percent dependent on imported State department of fish and game is a standard that suggests that this oil. That oil comes in from the Mid­ not based on any factual evidence by idealistic election of not allowing re­ east, and of course we send the dollars any means. sponsible development-there is no and the jobs to the Mideast. That herd is about 165,000. Most of consideration of the human element, In the last few days we have seen a the animals, about 4,000, are taken by there is no consideration of the people crisis in the Mideast, a very unfortu­ the Canadian Gwich'ins on the Cana­ that live in the area of what they feel nate situation, but, nevertheless, it dian side and 400 by the Alaskan they should have is a right to a job, a proves the frailty of that part b-f. the Gwich'ins. right to a good education, a right to world, and our increased dependence on The point is, as we look at the devel­ have a future for their children, other oil eventually will result in some kind opment of this area, there are huge than welfare. of a crisis occurring as we look at Iran, areas of wilderness and refuge that will As a consequence, Mr. President, Iraq, Libya and their moves toward na­ be protected forever, and that the Alas­ there is one overwhelming fact in this tionalism. ka delegation stands behind them. debate. All Americans stand to benefit It is kind of interesting to reflect on Again, the footprint is .1of1 percent of from ANWR exploration. Those bene­ the attitude of some of the opinion­ the area, about 2,000 to 3,000 acres at fits are: Jobs, as I have already out­ makers that have had a responsibility the maximum. lined; security, by eliminating the ne­ with regard to our increasing depend­ Let me just talk a little bit more cessity of our increased dependence on ence on imported oil. about the caribou because it has a imported oil, which is already 51 per­ Former President Carter's Energy warm and cuddly aspect to it, as it cent. We can do it without any signifi­ Secretary Schlesinger has testified in should. The caribou range over vast cant harm to the environment, using support of developing this area, stating areas and their range is dependent on our technology, our engineering skills, that we can develop it safely, that we basically three factors. One is preda­ our can-do capability. And one other should reduce our dependence on im­ tors. If there are a number of preda­ item that this body spends a lot of ported oil. tors, or the predators are at an all-time time and effort on, and that is the con­ Some of the Orthodox Jewish organi­ high, like the wolf, obviously it will cern over the deficit, balance of pay­ zations in the United States are the have an effect on the young caribou. ments. In other words, the fact we are biggest supporters. They see increased The winter kill is a consequence of a buying more overseas than people are dependence on the Arab States as a tough winter, resulting in a decline of buying from us. threat to Israel's security interests. the herd. There is overgrazing, which What is that deficit made up of? Union support-the significance of will also cause a decline in the herd. Nearly $56 billion, half of it, is the November 7, 1995 CONGRESSIONAL RECORD-SENATE 31523 price of imported oil. The other half is interests of environmental organiza­ est days, a Zionist. His goal, both in our trade imbalance with Japan. So, tion over those of the Eskimo people war and in peace, was the preservation here we have, in this particular issue, who need help, who need this oppor­ of a land that God had promised. In the responsibly opening up this area in our tunity. end, he saw in peace and through diplo­ State with a very small footprint, uti­ So, we see an administration, now, macy what military victory might lizing our technological capability, an that opposes opening the coastal plain. never bring-security for his home, for opportunity to address some concerns Yet they are actively selling OCS oil his land, for his nation. that we all have-jobs, national secu­ and gas leases in the Arctic Ocean ad­ Unfortunately, it was not a journey rity, the ability to develop this in har­ jacent to the coastal plain. They say which he was able to see through to mony with the environment, and an op­ that is OK, that is all right. Secretary completion. In his life, Yitzhak Rabin portunity to balance the budget. Babbitt and the others have their pri­ defined courage-the courage to fight I was also considering the merits of orities backwards. Oil development on in war and the courage to fight for two articles that appeared in the Wall the land is safe. Oil development in the peace. His legacy will be judged finally Street Journal and New York Times on isolated wind-driven reaches of the not only by what he started, but also October 27. They both concern them­ ocean is risky; it can be hazardous. by what Israel and her neighbors will selves with the increase in the price of Mr. President, I see my time is up. I eventually accomplish and achieve. oil, to show you how fragile the world thank the Chair. I appreciate the indul­ That is a task which they must pur­ of oil is relative to any crisis that ex­ gence of my colleagues. Tomorrow, or sue and that they must complete. It is ists throughout the world. We have the first opportunity I can get time in a task for which we will all be held ac­ seen crises in the Mideast in the last morning business, I intend to comment countable. So, when the mourning is few days, but we are also seeing one in at some length on the issue of completed-and mourn we must and Russia. "Concerns About Yeltsin's environmentalism as big business in should-may we resolve to do what he Health Help To Push Oil Prices High­ the United States, what it consists of, started and may the resolve linger in er." "Prices of Oil Futures Jump on who it involves, what salaries are being all of us to complete that which he Report of Yeltsin Having Health Prob­ paid, and a list of the assets of the var­ began. lems." Clearly, the former Soviet ious organizations so the public can As a boy, Yitzhak Rabin wanted to Union has a tremendous capability to understand the other side of the issue. learn how to make the fertile soil of produce oil. On the other hand, their On one side we have big business and his land produce crops more abun­ infrastructure is such it is not a very oil. On the other side we have big busi­ dantly. As a man and as a leader, attractive market. ness and the environmental commu­ Prime Minister Rabin plowed and Finally, let me just comment on one nity. harrowed the rocky ground of peace. It point relative to the people of the area, I thank the Chair and wish the Chair was both his hope and his vision that because the people of the area are so a good day. out of that ground would grow a tree often left out of any equation that af­ The PRESIDING OFFICER. The Sen­ bearing the unknown fruit of peace in a fects the environment or the ecology. a tor from Missouri. land and for a people that had seen so The people of Kaktovik, the people of little of it. Point Barrow, the Eskimo people, YITZHAK RABIN In his finest hour, 2 years ago, at the these are people working their way out White House, Prime Minister Rabin ac­ of Federal dependency. Because of our Mr. ASHCROFT. Mr. President, I rise knowledged this aspiration, as he said: success, we are now opposed, seemingly to extend my deepest personal sym­ Let me say to you, the Palestinians, we are at every turn, by, among others, a Sec­ pathies and condolences to Mrs. Rabin, destined to live together on the same soil in retary for Indian Affairs, Ada Deer. Mr. Rabin's children and grand­ the same land .... We have no desire for re­ She now has gone on record as oppos­ children, to the people of Israel, and to venge. We harbor no hatred towards you. We, ing successful Native corporations and the Jewish community of Missouri and like you, are people-people who want to organizations that are developing the the United States. build a home. To plant a tree. To love-live resources in our State. She wants us to Yitzhak Rabin was a warrior. As a side by side with you. In dignity. In empa­ go back, and our people to go back, and young man, he left behind boyhood thy. As human beings. As free men. be dependent on the Bureau of Indian dreams and assumed the mantle of a It is all of our prayers that his dream Affairs. But, as we have seen, depend­ soldier for a country that was still a will live on. ency brings despondence, it brings a de­ dream to him and many others. He Mr. President, I thank you. pendence, it kills self-initiative, it helped liberate 200 of his brothers in a Mr. GRAMS addressed the Chair. breeds a welfare society. Alaska's Na­ heroic and legendary raid. He fought in The PRESIDING OFFICER. The tive and Eskimo people want to follow the siege of Jerusalem and kept open Chair recognizes the Senator from Min­ the American way, the way of inde­ the vital lines of supply. In 1967, it was nesota. pendence, the way of self-help, individ­ General Rabin who was the architect of ual responsibility, family values, a the determined fury of an Israeli Army sense of community. Yet we are seeing that was victorious over three substan­ PRESIDENT CLINTON AND THE spokespersons, including the Secretary tial enemies in what would become FORGOTTEN MIDDLE CLASS of the Interior and Ada Deer, Assistant known as the Six Day War. Mr. GRAMS. Mr. President, if you Secretary for Indian Affairs, actively Nevertheless, his prowess as a war­ had been in New Hampshire on Thurs­ opposing this development in the area rior was exceeded only by his courage day, January 9, 1992, and had been near where these people live. as a peacemaker. He was an Ambas­ a television, you might have seen the This is a tragic day, in a sense, for sador to the United States. He made premiere of a new political advertise­ the nearly 8,000 Eskimo people, because the first visit ever by an Israeli Prime men t--the first, early ad of the presi­ this is the first time any Secretary of Minister to West Germany. He tried to dential campaign for a candidate who the Interior has rejected his trust re­ open peace negotiations with King Hus­ was not yet a familiar face. sponsibility to pursue the naked politi­ sein of Jordan in the late 1970's. And, in The setting is an office. Piano music cal objectives of those opposed to the a move that would ultimately cost him plays gently in the background, and interests of Native Americans. It seems his life, he made peace with some of Is­ the candidate speaks to the camera like the Secretary is almost penalizing rael's most substantial enemies. with an American flag as his backdrop. hard work and success. On one hand He need not have been a peacemaker. "In the 80's," he begins, "the rich got they champion dependency, welfare He could have gone quietly into the an­ richer, the middle class declined, pov­ and allegiance to an incompetent Bu­ nals of history as a warrior, a Prime erty exploded, politicians in Washing­ reau of Indian Affairs. Then, on the Minister, a father, and a grandfather. ton raised their pay and pointed fin­ other, they put commercial fundraising But Yitzhak Rabin was, from his earli- gers, but no one took responsibility." 31524 CONGRESSIONAL RECORD-SENATE November 7, 1995 The candidate promises a tax cut for Mr. Clinton's tax-cut intentions of 1992 the swallows returning to Capistrano, the middle class, even offers viewers a melted like summer snow in 1993. candidate Clinton is talking about cut­ copy of his "Plan for America's Fu­ By then, Republicans in Congress ting taxes. ture" if they call the number on their were rallying around the $500 per-child He laid out the framework in his television screen. tax credit I had authored as a Member most recent State of the Union ad­ " I hope you'll join us in this crusade of the House, making it the centerpiece dress. He said: "I have proposed the for change," he says earnestly. of our budget alternatives in both the middle-class bill of rights * * * It will Together we can put government back on House and Senate. give needed tax relief and raise in­ the side of the forgotten middle class and re­ But the Democrats, led by the Presi­ comes in both the short run and the store the American dream. dent, pushed through a package of tax long run, in a way that benefits all of I'm Bill Clinton, and I believe you deserve hikes on the middle clas&-a historic us." more than 30-second ads or vague promises. tax increase that affected every seg­ We say "welcome back aboard" to Mr. President, Bill Clinton evoked ment of American society. the President. We need President Clin­ the image of the forgotten middle class Promises made, promises broken. ton with us as the budget process con­ throughout his campaign for the White Mr. President, in 1995, this Congress tinues. He has a critical role as we House, tantalizing the voter&-while has not forgotten our promise to the move forward. separating himself from the rest of his middle class. We cannot enact our groundbreaking Democratic opponents-by promising We have passed a budget that recog­ legislation without his signature. We he would cut taxes for working-class nizes, just as President Clinton did in cannot carry out the people's agenda Americans. 1992, that working-class Americans without the people's President behind "I am not in this thing to pander," have paid more than their fair share of us. he told Business Week in a June 1992 taxes over the last 40 years. And President Clinton needs us, too. interview. Families in 1950 sent just $1 of every So we have prepared a budget that The way I came to the across-the-board, $50 they earned to Washington, but meets the objectives outlined at both middle-class tax cut didn't have a relation­ ship to the polls. . . . I came back to the families today are turning over $1 out ends of Pennsylvania Avenue. Yes, middle-class tax cut as a down payment on of every $4. Congress and the President may dis­ fairness. That is money they could have spent agree about some of the specifics, but As that "down payment on fairness" for a child's education, health insur­ not our goals. took shape, Bill Clinton reached out to ance, groceries for an elderly parent, or The budget must balance. It must the overtaxed middle class by focusing something as simple as birthday pre­ protect and preserve Medicare. It must his tax cut plan on families, advocating sents and Christmas gifts. restore hope to those who have been ideas that seemed more in line with the But instead, they are handing it over trapped in the welfare system. And it Republican vision than the Democrat to the Washington bureaucrats, who must cut taxes for the middle-class, policies of the past. "It is very much spend it for them-often recklessly-in with the same child tax credit Presi­ harder to raise a child for a middle­ ways that often have no benefit at all dent Clinton promised in 1992, and class family today than it was 40 years to the folks who foot the Government's again this year. ago," said candidate Clinton. "Our bills. President Clinton considered family country used to take the position that For more than 40 years, the only eco­ tax relief such a fundamental concept the way to build strong families was to nomic and fiscal discipline exercised by that he outlined it as a priority in that enable the working people to have Congress has come at the expense of very first television ad of his Presi­ enough money to raise their families." the American taxpayers. dential campaign. "Together we can "We're still getting a disproportion­ The budget plan we will soon be send­ put government back on the side of the ate amount of taxes from the middle ing to the President is based on our forgotten middle class and restore the class," he emphasized. deeply held belief that the weekly pay­ American dream," he told New Hamp­ During the Presidential campaign, check is not the Government's shire television viewers. candidate Clinton promised to reduce money-that families can spend their The time for vague promises is long the taxes paid by families and shield own money better than a Government past. If he still believes in the words he them from future tax increases. that demands those dollars to spend on delivered with such conviction in 1992- "Virtually every industrialized na­ their behalf. and in the child tax credit that will tion recognizes the importance of We are certain that 250 million Amer­ turn those words i~to action-then the strong families in its tax code; we icans, empowered to make their own President must sign the budget bill we should too," he wrote in "Putting Peo­ spending decisions, will make better send him in 1995. ple First," his campaign's economic choices than Congress and the Presi­ Thank you, Mr. President. outline for the country. dent could ever make for them. I yield the floor. "We will lower the tax burden on With our budget, Congress is dedicat­ Mr. FORD addressed the Chair. middle-class Americans." ing $245 billion to tax relief, the vast The PRESIDING OFFICER. The Mr. Clinton's plan began to take majority of which will go to working­ Chair recognizes the Senator from Ken­ shape with a focus on tax relief for class American families through the tucky. families with children. "The main por­ $500-per-child tax credit. Mr. FORD. Mr. President, I want to tion of the middle-class tax cut for me The child tax credit means Min­ take just 1 minute. in its present form is the children's tax nesota families would get to keep $477 credit," he said back in 1992. million of their own dollars every year, He promised that he would cut taxes to spend wherever they needed help the WE SHOULD TALK ABOUT THE for average, middle-class families by 10 most. ISSUES percent, giving them a choice between The $500-per-child tax credit would Mr. FORD. Mr. President, I have a phased-in, $800 per-child tax credit or return $150 million annually to families never understood why the Senate a "significant reduction in their in­ in President Clinton's own State of Ar­ should become a political arena. I have come tax rate." kansas. And it would completely erase never heard so many speeches and so Those election-year promises helped the tax liability for 38,411 Arkansas many names called and so many TV turn candidate Bill Clinton into Presi­ residents. spots referred to. I can refer to the TV dent Bill Clinton when frustrated Well, it has been nearly 4 years since spots "read my lips," or I can refer to Americans went to the polls that No­ that first campaign commercial in New the vote on President Reagan's budget vember. Hampshire promised tax relief for the of 425 to O in the House. But like so many promises made in beleaguered middle class. An election I think we ought to get down to the the political heat of an election year, is on the horizon, and once again, like issues. I voted for the tax bill in 1993, November 7, 1995 CONGRESSIONAL RECORD-SENATE 31525 and 12,500 taxpayers in my State paid In my opening remarks on Friday, I 21st century. Why has Medicaid grown? additional taxes and 315,000 paid less. debunked the myth that Medicaid has Why is Medicaid expected to continue Everybody else paid the same. We have been a failure. In fact, Medicaid, the to grow? Such an examination will de­ less unemployment today in Kentucky Federal-State partnership for health bunk yet another myth. That myth is than we had 3 years ago. care for poor children and their moth­ that you can cut $176 billion from Med­ Let us talk about the issues, and let ers, for the disabled and for the elderly, icaid without risking the deaths of in­ us not make this Chamber so political. has been an American success story. fants or the neglect of the elderly or I yield the floor. The Senate should be building upon the unnecessary institutionalization of Mr. WELLSTONE addressed the that success story, not retreating from the disabled. Chair. it. Wednesday and Thursday I wish to The PRESIDING OFFICER. The Thanks to Medicaid, the Nation's in­ discuss how the Senate proposes to re­ Chair recognizes the Senator from fant mortality rate dropped 21 percent ward bad, manipulative behavior in the Florida. during the period 1984 to 1992. In 1985, Medicaid Program and how the inap­ Mr. GRAHAM. Mr. President, if I the infant mortality rate in the United propriate plan to raid Social Security could yield to the Senator from Min­ States was 10.6 per thousand live will be used as a means of paying for nesota who has a unanimous-consent births. In 1992, that had dropped to 8.5. the reward in the plan that we sent to request. The number of babies who were alive in Congress. And, finally, I wish to sug­ The PRESIDING OFFICER. The 1992 who would not have been alive had gest a better alternative, an alter­ Chair recognizes the Senator from Min­ we continued at the 1985 rate of infant native of genuine reform. nesota. mortality-8,000. That is an American The key argument against Medicaid Mr. WELLSTONE. Mr. President, I success story. is that they say Medicaid needs to rein ask unanimous consent that following Thanks to Medicaid, 18 million chil­ in spending because it is growing out of the Senator from Florida I have 10 dren have access to hospital, physician control. That is the principal argument minutes and the Senator from North care, and to prescriptions as well as of the critics. Let us look at the over­ Dakota have 10 minutes in succession. immunization and other preventive all figures. The PRESIDING OFFICER. Is their programs. In 1988, Medicaid cost $51.3 billion in objection? Without objection, it is so Thanks to Medicaid, senior citizens Federal and State funds. We know the ordered. can live in dignity in a nursing home Medicaid Program is a partnership be­ Mr. WELLSTONE. I thank the Chair. when their own private resources are tween the Federal Government and the Mr. GRAHAM. Mr. President, I ask no longer there and there is no family States, each contributing to the total unanimous consent that my time, member to care for them. cost. In 1993, Medicaid costs had grown which is currently 20 minutes, be ex­ Thanks to Medicaid, nearly 5 million to $125.2 billion. That sounds alarming, tended to 30 minutes as I wish to make low-income Americans receive help and virtually everyone agrees we must a preliminary statement relative to through the qualified Medicare Bene­ restrain the rate of growth of Medicaid. Prime Minister Rabin. ficiary Program which pays things like But no one has done a very credible job their part B, physician's Medicare of explaining the policy basis for cut­ The PRESIDING OFFICER. Is there ting $176 billion. objection? Without objection, it is so monthly premiums, copayments, and Today I wish to examine why Medic­ ordered. deductibles as well as paying for pre­ aid has grown. There are two main fac­ Mr. GRAHAM. Thank you, Mr. Presi­ scription medication for the Medicare tors that drive the cost of the health dent. population, which is also medically in­ care system. First, how many people digent. For these qualified Medicare are served, and, second, the cost of beneficiaries, Medicaid means the dif­ serving each one of those people. In the THE PEACEMAKER, YITZHAK ference between a visit to the doctor's RABIN case of Medicaid, we should put the office instead of the use of the emer­ second factor, that is, the cost of pro­ Mr. GRAHAM. Mr. President, it is gency room. viding services to individual Americans with deep sadness and great respect Thanks to Medicaid, this Nation has who are covered under Medicaid, in that I offer my profound tribute to the decreased its population of severely perspective. memory of Prime Minister Yitzhak handicapped residents living in large In the private sector, the growth rate Rabin of Israel. Mr. Rabin was a war­ State institutions from 194,000 to to­ and the cost per person served is esti­ rior, brave in battle. He was a vision­ day's less than 70,000. Today, 6 million mated to be 7.1 percent per year. That ary, with the courage to seek peace. disabled Americans are covered under is projected from the years 1996 This Nation and this institution will Medicaid. through the year 2002. The source of miss him and his leadership. We will Thanks to Medicaid, children with this projection is the Congressional mourn with Israel in its time of loss. catastrophic health problems or other Budget Office. This is higher than the Citizens of my State of Florida are special needs get treatment and care. projected growth rate for Medicaid, honored that Yitzhak Rabin visited our In Florida alone, $284 million is spent a says the same Congressional Budget State on many occasions. We were year through Children's Medical Serv­ Office, which calculates that the Med­ proud to host a man of such dignity, ice, a Medicaid public-private partner­ icaid annual growth rate is 7 percent. purpose, and resolve. And we join the ship of national renown which last year What is, therefore, causing this world in prayer for healing as this served 128,000 Florida children. This alarming growth in Medicaid? The rate great man was buried yesterday near Federal-State partnership, serving 37 of growth per person is commensurate the place of his birth 73 years ago. We million Americans, has been an Amer­ with, even less than, the average of all extend our deepest sympathy to his ican success story. Americans' health care cost increases, family, but we rejoice in the life of this I have strained my ears to hear the that in spite of the fact that Medicaid special man, who has earned the bib­ justification, the policy basis, the ra­ is serving one of the most vulnerable lical truth, "Blessed are the peace­ tionale for the $176 billion that is being populations-the frail elderly, the dis­ makers.'' cut from the projected needs of the abled, poor children, and their moth­ Medicaid Program which, until $11 bil­ ers. lion was added back at the last minute, There are several key factors that ex­ AN AMERICAN SUCCESS STORY had been a $187 billion cut. plain why Medicaid has grown so rap­ Mr. GRAHAM. Mr. President, on Fri­ Today I wish to examine why Federal idly. First, a fundamental reason why day of last week, November 3, I began spending on Medicaid has increased. In Medicaid has grown is because Ameri­ a series of remarks about America's addition, I wish to look at the basis for cans are living longer. This is a posi­ Medicaid Program. I plan to continue the projected needs of those served tive trend for America. Greater longev­ that series throughout this week. under Medicaid as America enters the ity means that more people are not 31526 CONGRESSIONAL RECORD-SENATE November 7, 1995 only living longer and more qualitative continues to fall and is now 7.6 infant plans and, therefore, who are now eligi­ lives, but it also means that more peo­ deaths per thousand live births. Na­ ble for and are being covered by Medic­ ple are relying on Medicaid for longer tionally, the infant mortality rate has aid-has con tri bu ted to the expansion periods. declined from 10.6 per thousand live of the Medicaid program. In 1970, life expectancy at birth in births in 1985 to 8.5 in 1992. In my State of Florida,. as an exam­ the United States was just over 70 By providing prenatal and postnatal ple, in 1970, shortly after Medicaid was years. By the year 2010 , the projected care, we are saving lives, and we are available, 4.3 percent of Florida's popu­ life expectancy in the United States confident that costly medical services lation received Medicaid, those recipi­ will be almost 80 years. In a period of will be prevented in later years. ents who are eligible for Medicaid 40 years, the average life expectancy of Mr. President, I would like to take based on those who were eligible for aid an American will grow from 70 to 80. just a moment to recall one of the gi­ to families with dependent children or The segment of our population 65 years ants of this institution who rep­ supplemental security income. You had and older is also living longer, much resented senior citizens across Amer­ to be at one of those two classes in longer. If you had reached age 65 at the ica, the late Hon. Claude Pepper, a order to be eligible for Medicaid. The beginning of this century, you could Member of the U.S. Senate from 1937 to percentage of Floridians rece1 vmg have expected to have lived another 11 1951 and later served a distinguished Medicaid was fairly constant, in the years. career in the U.S. House of Representa­ range of 4 to 6 percent, from its incep­ Those who reached 65 in 1990 could tives. tion in 1970 until the program began its expect to live an average of an addi­ When I was elected Governor of Flor­ expansion in the mid-1980's. tional 17.2 years, according to the U.S. ida in 1978, Senator Pepper, then serv­ By the 1993 fiscal year, 11.6 percent of census. Millions of Americans are liv­ ing in the U.S. House of Representa­ Floridians were eligible for Medicaid. ing longer, and a higher proportion of tives, made one request of me. He Today, that has grown to 12 percent, our population is reaching senior sta­ asked me to expand the Medicaid pro­ compared to the national figure of 14 tus. gram in Florida to cover an optional percent of Americans being covered by In 1900, about 40 percent of the popu­ two services: eyeglasses and artificial the Medicaid Program. lation could expect to reach the age of limbs. In sum, the percentage of Floridians 65. By 1990, 8 out of 10 Americans lived I am proud that one of my first acts eligible for Medicaid has nearly tripled to be 65 years or older. as Governor was to sign legislation, in­ since the program started a quarter of Why is this relevant? It is relevant spired by Senator Pepper, to achieve a century ago. It has tripled primarily because Medicaid pays for half of the these goals. Senator Pepper said there because of the aging of the population, total nursing home care in the United were too many poor seniors without vi­ because of policy decisions, such as the States. Nationally, Medicaid pays 35 sion and without limbs. So, yes, Sen­ decision to attack infant mortality, percent of all long-term care services. ator Pepper, we have expanded Medic­ and by the drama tic decline in children In Florida, 70 percent of our Medicaid aid so frail seniors can read and walk. covered by private insurance programs spending goes to benefits for seniors I challenge those who would cut $176 and, therefore, becoming eligible for and disabled. billion to tell us if they are ready to Medicaid and rece1 vmg benefits Mr. President, let me just insert one dismantle this legacy of Senator through that program. more set of statistics to underscore the Claude Pepper, if they are ready to Before I move on to my next point, I fact that a principal reason why Medic­ take away the eyeglasses of poor sen­ want to underscore that there are also aid is expanding in its expenditures is iors, if they are ready to deny coverage some adverse reasons why Medicaid is because Americans are extending their of artificial limbs or return to the in­ growing. First, we must do a better job life expectancy. fant mortality rates of yesterday. of suppressing fraud. Our colleague In 1980, 15 years ago, there were 15,000 There is a third reason, in addition to from Maine, Senator COHEN, estimates Americans over the age of 100. By 1990, the aging of the population and the ad­ that Medicare and Medicaid suffer a that population had nearly doubled. ditional demands that we have asked of combined loss of $33 billion a year due Today, in 1995, there are 56,000 Ameri­ the Medicaid program, and that is that to fraud and abuse. At last week's cans of the age of 100 or older. No one there have been expansions that we hearing before the Senate Select Com­ can deny this longevity trend, not have made legislatively. There are, in mittee on Aging, the senior Senator Democrats, not Republicans. So when addition, more and more children who from Maine said something that we all we hear claims about the growth of used to get heal th coverage through know is true. Senator COHEN said: "It Medicaid, let us remember one of the their parents' jobs who have now lost is appallingly easy to commit health fundamental reasons for that growth, their private sector insurance. care fraud." thankfully, is as a people we are enjoy­ Consider this trend line, Mr. Presi­ In Florida, the Florida Supreme ing the benefits of longer life. dent. In 1977, the Census Bureau says Court has just impaneled a grand jury In addition to the aging of our popu­ that the proportion of children with for a year as part of our attack on Med­ lation, there is a second main reason private health insurance coverage was icaid fraud. for the growth in Medicaid spending, 71 percent; 71 percent of American chil­ In addition to fraud and abuse, there and that is we have asked the Medicaid dren had health insurance coverage is another adverse reason why Medic­ system to do more. As an example, we through private coverage primarily aid is expanding. There has been abuse have tackled the infant mortality rate, through their parents' place of employ­ in the provision known as dispropor­ which was unacceptably high. In my ment. By 1987, that percentage had tionate share hospitals, sometimes re­ State of Florida in 1991 , at the urging dropped to 63 percent; by 1993, to 57 per­ ferred to by the acronym DSH. Today, of Gov. Lawton Chiles, the Florida Leg­ cent; and the projection for the year one out of seven Medicaid dollars is islature enacted Healthy Start to im­ 2002, which happens to be the seventh spent on disproportionate share hos­ prove access to prenatal and infant year of the budget plan upon which we pitals. The proposal that this Senate care. As I mentioned in my floor state­ are currently deliberating, is that it adopted 11 days ago will make those ment on Friday, Heal thy Start is an will be 47 .6 percent. Less than half of payments virtually permanent within example of a Medicaid success story. In the American children will be covered our Medicaid system. I will talk more 5 years, Florida went from being above by insurance at the point of their par­ about this phenomenon on Wednesday. the national average in infant mortal­ ents' employment. Mr. President, having discussed some ity, with an infant mortality rate of 9.6 The cumulative result of these fac­ of the principal reasons why the Medic­ per thousand live births, to below the tors- the aging of the population, the aid Program has grown dramatically national average, at a rate of 8.1 per increased expectations of Medicaid and over the last few years, let us now talk thousand live births, and the most re­ the decline of the percentage of chil­ about the basis of projections for Med­ cent Florida statistic shows that rate dren covered by private insurance icaid. We are being a::> ked to cut $176 November 7, 1995 CONGRESSIONAL RECORD-SENATE 31527 billion from Medicaid's projection over cent of the projected increase in Medic­ ing also met the other assumptions, in­ the next 7 years. What is the medical aid outlays would be caused by in­ cluding moving all of those potentially rationale for the $176 billion cut? What creased costs, including national medi­ into managed care and reducing the is the policy rationale? cal inflation-a factor that no individ­ rates to providers, California would Mr. President, I have been seeking a ual State can control. have to remove 320,548 people from the good answer to those questions, and Mr. President, one of the independent expected 61/2 million Medicaid bene­ until I get one, I will have to assume expert groups that has explored these ficiaries; 320,000 people would be re­ that there is no sound rationale for $176 tough questions of the future of Medic­ moved from the Medicaid rolls. billion of cuts in Medicaid. I will have aid is the Kaiser Commission on the Suppose California was not quite as to assume that there are other reasons Future of Medicaid. The Kaiser Com­ successful, and instead of being able to and that those reasons are to fund huge mission issued a report in May 1995 hold health care costs to the rate of in­ tax breaks, which will go, dispropor­ based on Congressional Budget Office flation, California was able to hold tionately, to the wealthiest Americans. data that indicates what Medicaid will health care costs to the rate of infla­ Mr. President, we are not at a loss look like in the year 2002. The report tion plus 1.9 percent. In that event, because our experts, the Congressional assumes that States would first do the California would have to remove Budget Office, has looked ahead. It has following things in order to achieve 1,065,823 of its 61/2 million Medicaid projected an annual rate of increase for savings: They would enroll individuals beneficiaries. Medicaid spending at 10.2 percent in managed care plans; they would re­ Are we saying that in the year 2002, through the year 2002. duce provider payment rates; they assuming that California has done a How did CBO arrive at that figure? would cut optional services. The States better job of reducing costs than the The key factors driving the CBO pro­ would do all of those before they would private sector, the public sector, in­ jections were these: take the next step, which is to reduce cluding the Federal Government, that About 45 percent of the CEO-pro­ enrollment in the program. we are willing to allow between a third jected increases over the 7-year period Based on these assumptions-enroll­ of a million to over 1 million people to are due to additional caseload; 45 per­ ing individuals in managed care, reduc­ lose their heal th care coverage in the cent of the reason why Medicaid is sup­ ing provider payment rates, and cut­ year 2002 in the State of California? posed to grow is· because it will serve ting optional services-Kaiser has pro­ What happens if California is not able an increasing number of Americans­ jected the changes in covered bene­ to reduce its costs? Is the Governor of basically, the same Americans that ficiaries. Under the most optimistic California ready to accept responsibil­ have led to its growth in the last 10 scenario, States would somehow reduce ity for allowing perhaps millions of our years, the increasingly elderly popu­ growth in spending per beneficiary to country's most needy people to go lation in need of nursing home care, the rate of overall inflation. without health care coverage? the number of poor children who no Under another slightly less optimis­ Mr. President, my comments this longer have health insurance at the tic scenario, States would reduce real morning boil down to some simple point of their parent's employment, spending to the rate of inflation plus mathematics. Take the projected need and through policy directions to attack 1.9 percent per year per beneficiary. in the Medicaid Program to the year the issue of infant mortality. That number happens to be half the 2002, which is $954 billion, and then sub­ Do those who want to cut $176 billion tract the amount of the proposed cuts, historical rate of growth for Medicaid. $176 billion; that amount of money that from the Medicaid dispute this projec­ Either way, cost control would be more is left, $778 billion is now going to pay tion? Do they claim that we will be successful than that achieved by the for $954 billion in projected needs. serving fewer people? If so, who will we private sector or by any public pro­ Mr. President, the simple math tells not be serving? Shall we say to that gram, Mr. President, including the pro­ us that the block grants will come up frail senior citizen with poor eyesight gram that we have adopted for Federal short, that they do not add up, that who needs glasses that their glasses employees. We are asking Medicaid, States will not have a sufficient should be taken away? Will their under these two scenarios, to be sig­ amount of resources in order to meet neighbor who needs an artificial limb nificantly more efficient than either the projected needs of the frail elderly, be denied? Will the preschooler who the private sector or the public sector, the disabled, poor children, and their needs to be immunized tell us who will including the judgment that we have mothers. not be covered so that we can pay for made about our own health insurance This brings me, perhaps, to the most the tax breaks? program. repugnant feature of the Medicaid Medicaid serves multiple clienteles. Even with such a faith in State gov­ block grant proposal-the unmitigated One of the most costly groups served ernmE;int's ability to cut health care cowardice of Congress for failing to by Medicaid is the disabled. The chron­ costs, let us look at what we can ex­ admit, on the record, that these cuts ically ill cost at least seven times what pect in just one State-California. will mean real suffering in the lives of it costs .to provide for nondisabled chil­ What will the Medicaid landscape look real Americans. dren per year. It costs the Medicaid like in the year 2002 in the largest of It is as if the U.S. Senate has adopted Program seven times per person to America's States? California is cur­ a policy of "Don't ask, don't care." serve a disabled person than it does the rently projected to receive $95.7 billion The fact is, Mr. President, that the poor child. in Medicaid funds from the Federal designers of these massive Medicaid CBO says the projected rate of Government between the years 1996 and cuts do not want to know who is really growth in the number of disabled chil­ the year 2002. going to have to pay for the tax breaks dren to be served is expected to rise 4.1 The Senate reconciliation bill would that this $176 billion will, in part, fund. percent a year, which is higher than limit California to $77.7 billion, which Leave those messy details to the the growth rate for all other Medicaid is an $18 billion reduction over that 7- States. Take the high road. Take the categories. The most expensive cat­ year period. In the year 2002 alone, cake and ice cream of doling out $245 egory of Medicaid service is the cat­ California would have been expected to billion in tax breaks. egory that is growing the most rapidly. have received $18 billion. The Senate The truth is that the price for these Do those who want to cut $176 billion bill would limit California to $13.1 bil­ tax breaks for the weal thy will be paid for Medicaid suggest that the needs of lion, a $4.9 billion reduction from cur­ for in the currency of suffering, pre­ the numbers of the disabled will not rent projections of need in the 1 year of ventable illness, inadequate or unavail­ grow at this rate? If they have some 2002. able care, and, yes, even the death of basis for that, we look forward to them Now, let us make some assumptions. infants. presenting that to us. Assume that California holds expendi­ What we saw orchestrated on the A second reason for the projection of ture growth to inflation-a remarkable Senate floor 11 days ago was an elabo­ Medicaid increase is that some 30 per- achievement. Having done so, and hav- rate ritual of plausible deniability. No 31528 CONGRESSIONAL RECORD-SENATE November 7, 1995 hearings or debate on how many in­ Mr. McCONNELL. I ask unanimous Few people really knew you. Now they will fants could die because of slackened consent I be allowed to proceed after talk about you for quite some time, but I prenatal care efforts. No hearings or the Senator from Minnesota. feel that they really don't know just how great the pain is, how great the tragedy is; debate on how many elderly will lan­ The PRESIDING OFFICER. Under something has been destroyed. guish in nursing home warehouses be­ the order the Senator from North Da­ Grandfather, you were and still are our cause of deregulation and lower pro­ kota follows the Senator from Min­ hero. I wanted you to know that every time vider payments. nesota. I did anything, I saw you in front of me. Mr. President, that is precisely what Mr. McCONNELL. After the Senator Your appreciation and your love accom­ happened when the 20 hours of debate from North Dakota, I ask unanimous panied us every step down the road, and our lives were always shaped after your values. ran out on a 1,500-page bill with no dis­ consent that I may proceed. You, who never abandoned anything, are now cussion, no accountability, no honest The PRESIDING OFFICER. Without abandoned. And here you are, my ever­ admission that cutting $176 billion objection, it is so ordered. present hero, cold, alone, and I cannot do from the projected needs of human anything to save you. You are missed so beings that millions of Americans much. would suffer. DEDICATION TO THE PEACE Others greater than I have already eulo­ In effect, the Senate sent to the PROCESS gized you, but none of them ever had the Mr. WELLSTONE. Thank you, Mr. pleasure I had to feel the caresses of your States and county governments the warm, soft hands, to merit your warm em­ dirty work, the painful decisions. That President. brace that was reserved only for us, to see is what we do when we embrace the Please excuse me for not wanting to talk your half-smile that always told me so don't-ask, don't-care standard for the about the peace. I want to talk about my much, that same smile which is no longer, formulation of public policy. grandfather. frozen in the grave with you. Mr. President, I ask unanimous con­ You always awake from a nightmare, but I have no feelings of revenge because my since yesterday I was continually awakening pain and feelings of loss are so large, too sent for an additional 2 minutes. to a nightmare. It is not possible to get used large. The ground has been swept out from The PRESIDING OFFICER. Without to the nightmare of life without you. The below us, and we are groping now, trying to objection, it is so ordered. television never ceases to broadcast pictures wander about in this empty void, without Mr. GRAHAM. Mr. President, the of you, and you are so alive that I can almost any success so far. standard for formulation of public pol­ touch you-but only almost, and I won' t be I am not able to finish this; left with no al­ icy seems to be "let the States and able to anymore. ternative. I say goodbye to you, hero, and counties figure out who gets care and Grandfather, you were the pillar of fire in ask you to rest in peace, and think about us, front of the camp and now we are left in the and miss us, as down here we love you so who does not. Their fingerprints will be very much. I imagine angels are accompany­ on those decisions, not ours." camp alone, in the dark; and we are so cold and so sad. ing you now and I ask them to take care of Make no mistake about it, these I am not able to finish this; left with no al­ you, because you deserve their protection. Medicaid cuts will cost infants and ternative. I say goodbye to you, hero, and Mr. WELLSTONE. Mr. President, I frail elderly and the disabled. Congress ask you to rest in peace, and think about us, said to my wife, Sheila, this morning cannot wash its hands so easily with and miss us, as down here we love you so that there is nowhere on Earth I would the pathetic refrain that "We didn't very much. I imagine angels are accompany­ have rather been than in Jerusalem know." Congress did not know because ing you now and I ask them to take care of you, because you deserve their protection. yesterday for this service to honor a it did not ask. It did not ask because it very courageous man, Yi tzhak Rabin. did not want to know. That is coward­ Mr. President, words of Noa Ben­ Mr. President, I will never forget the ice. Artzi Philosof, 17, granddaughter of long lines of the people in Jerusalem in I never cease to be amazed how Prime Minister Rabin, at yesterday's Israel as we drove to the service, as I quickly the hands of Congress reach service in Israel. drove to the service with my col­ out to give tax breaks and favors and I ask unanimous consent that her leagues-Democrats and Republicans-­ how quickly the same hands hide when statement at the service be printed as to look out of the window and to see it comes time to assume responsibility. part of the RECORD of the U.S. Senate the sadness of the people, to see the The record, Mr. President, is clear. and therefore the record of our coun­ sadness of the people. The majority of both Houses of Con­ try. Mr. President, I will never forget the gress, with callous aforethought, si­ There being no objection, the mate­ words at the service, the words of our phoned $176 billion in health and long­ rial was ordered to be printed in the President, President Clinton, the words term care of needy Americans without RECORD, as follows: of the Prime Minister's granddaughter. even a cursory concern for the human [From the New York Times, Nov. 7, 1995] Her words were heard and felt by peo­ consequences. GOODBYE TO A GRANDFATHER: WE ARE SO ple all over the world. Nor will I forget Mr. President, I am sure that no COLD AND So SAD the words of King Hussein of Jordan Member wants to leave that kind of (The granddaughter of Yitzhak Rabin, Noa who said, "I remember my grandfather mark on America. There is still time to Ben-Artzi Philosof, 17, spoke at his funeral. being assassinated"-the King as a lit­ reform Medicaid without hurting peo­ Her remarks were translated and tran­ tle boy was next to his grandfather­ ple. There is still time to deliberate scribed by the New York Times) "and now my brother"-my brother; he the actual effects of cutting $176 billion Please excuse me for not wanting to talk called Prime Minister Rabin his broth­ in health and long-term care services about the peace. I want to talk about my er. He said, "I am not afraid. I am not for millions of Americans. grandfather. afraid. If I have to meet that fate," the Such a deliberation will bring us face You always awake from a nightmare, but King said, "so be it, but I am commit­ since yesterday I was continually awakening to face with the families, with the chil­ to a nightmare. It is not possible to get used ted to this peace process." dren, with the frail elderly, and with to the nightmare of life without you. The Mr. President, I just would like to the disabled who will pay the price of television never ceases to broadcast pictures say on the floor of the U.S. Senate that this tax break. of you, and you are so alive that I can almost I owe a tremendous debt of gratitude to Up to this point, Mr. President, the touch you-but only almost, and I won't be my State of Minnesota for giving me Senate has denied accountability and able to anymore. an opportunity to be a U.S. Senator responsibility. That denial is not plau­ Grandfather, you were the pillar of fire in and giving me an opportunity to be in­ sible. front of the camp and now we are left in the vited to be able to go and to be at that The PRESIDING OFFICER. The Sen­ camp alone, in the dark; and we are so cold service. and so sad. I believe that the way that I can ator from Minnesota, under the order, I know that people talk in terms of a na­ will have 10 minutes. tional tragedy, and of comforting an entire honor Prime Minister Rabin-I believe Mr. McCONNELL. Will the Senator nation, but we feel the huge void that re­ the way that all of us can honor Prime yield for a unanimous-consent request? mains in your absence when grandmother Minister Rabin-whether we are Demo­ Mr. WELLSTONE. Of course. doesn't stop crying. crats or Republicans, as leaders in the November 7, 1995 CONGRESSIONAL RECORD-SENATE 31529 U.S. Congress, is to dedicate our serv­ neral. I commend him for what I did certain regions of the country is a pri­ ices to this peace process. hear him say. vate domain played between the Mr. President, the Prime Minister I think all of us join in offering our weal thy sports owners and the largest knew that the status quo was unac­ prayers and condolences to the people cities of America. The rest of us are re­ ceptable. He knew that the status quo of Israel and the family of Yitzhak quired, through lost tax revenue, to extended to the future would only Rabin. help pay the bills. mean that Israeli children and Pal­ I have had on my desk for slightly Yesterday's announcement about the estinian children would be killing each over a year, a printed copy of the re­ Cleveland Browns moving to Baltimore other for generations to come. marks Yitzhak Rabin gave to a joint is apparently a result of a promise of a He gave his life for peace. He was a meeting of Congress in 1994. The reason new $200 million stadium in Baltimore general. He defended his country. He the remarks have been on my desk for to be used rent-free for 7 years by the was a military hero. But in the last a year is I was so moved when I heard Browns' owner. Skybox, parking, and analysis, at the very end, he gave his him speak, in the House Chamber, in concession revenues go to the owner as life for security for his country and for such eloquent terms about his search well. In addition, the owner apparently peace for the peoples of the Middle for peace in the Middle East, that I received $75 million as a bonus for mov­ East. thought I had not in many, many years ing the team. His loss is not only the loss of Israel, heard anything quite so beautiful or so I do not know the owner of the Cleve­ his loss is the loss of the peoples of the profound or so powerful as those words. land Browns from a cord of wood so I Middle East, and his loss is the loss to I have kept them near for some long am not judging him. And he is not all of us-all of us-who live in this while. All of us grieve for what has alone in moving a sports team in world. happened to Yitzhak Rabin and for the search of more money. And team own­ So, colleagues, I think that the way people of Israel in these days of trag­ ers are no different than athletes: they that we honor this man, Prime Min­ edy. are two peas in a pod. They jump ship ister Rabin, is by dedicating ourselves and leave town in search of more to the peace process. Whenever our money. It is all about money-money country can facilitate negotiations, we A HOUSING PROGRAM FOR for the owners and money for the ath­ should do so. Whenever our country MIDDLE-AGED RICH MEN letes. can continue the work of Dennis Roth Mr. DORGAN. Mr. President, in these Fans are the pawns who end up pay­ and others who have been so skillful in days of government spending cutbacks ing the bills through ticket prices and helping to mediate and keep these ne­ there is one notable exception: public taxes. Fans are reduced to rooting for gotiations going, we should do so. housing programs for middle-aged rich uniforms rather than people. The star When there are terms of the agree­ owners of professional sports teams. athlete in one city one week may well ment that we are asked to follow Yesterday's announcement that the end up playing against that city the through on such as financial aid, eco­ Cleveland Browns will move to Balti­ next week as a result of trades or nomic development, aid to Palestinian more demonstrates once again that moves by athletes and owners in search people, that the Prime Minister was so these rich folks who play monopoly of the highest dollar. games with their football, baseball, and In circumstances where monopolies much for, we should support that. rule the day-and they do in profes­ Mr. President, I hope this does not basketball team franchises can play sional sports-you cannot start an NBA lead to a period of darkness. Certainly, city off against city to hammerlock of­ team in Bismarck, or you cannot start it feels that way now. This is a night­ ficials and fans to pay for expensive, an NFL team in Sioux Falls. Money mare of the world. Let us dedicate our­ new taxpayer financed sports stadiums and control replace the benefits of selves to the peace process. Let us do in which they can house their privately competition, and everyone pays except as public servants what the Prime Min­ owned teams. the owners and the athletes. ister was able to do. He took the moral There is insufficient money for pub­ I would not take the time to com­ position. He did not know how the elec­ lic housing for poor people in America, ment on this issue, except that what is tions would turn out, but he did what but the sky is the limit for public hous­ happening in professional sports is a he thought was the right thing. ing for those rich folks who own profes­ perversion. This is about big guys and His example of leadership was an ex­ sional sports teams and who insist the big money, and the little guy be ample of leadership not just for Israel taxpayers build them a place to play. damned. And guess who ends up paying but for all us that are in public service No owner of a professional football, for the sports stadiums and who ends in all countries throughout the world. baseball, basketball, or hockey team up paying for those lucrative salaries As a Senator from Minnesota, as the will ever be homeless. Governments­ for the athletes and handsome profits son of a Jewish immigrant from the local, State, and Federal-will see to it for the owners? The little guy. The fact Ukraine and Russia, LEON WELLSTONE, that there are enough public resources is, professional sports is sticking its as the son of a daughter of Ukrainian available to build stadiums worth hun­ finger in the fan's eye. immigrants, Mincha Daneshevsky, as a dreds of millions of dollars with sky A story last week pointed out the father, grandfather, a Senator from boxes for the affluent. Governments cost of taking a family of four to a Na­ Minnesota, and an American Jew, I was will virtually guarantee that money tional Basketball Association profes­ so proud to be there yesterday. from parking, concessions, and sky sional game this season has risen to I hope I can live my life, with my boxes will make rich owners richer and $192, up 10 percent from last year. It family and in my community, and as a overpaid athletes financially fat and costs about $130 for four tickets, an av­ Senator, in such a way that I honor happy. erage of $32 per ticket, and you have to this man. The thing about this that irritates add some hot dogs, a program and a I yield the floor. me is that taxpayers in our part of the cap so the cost for four people adds up The PRESIDING OFFICER. Under country: North Dakota, South Dakota, to nearly $200 to attend a game. Some­ the order, the Senator from North Da­ Montana, and Wyoming-help in both thing is wrong; something is terribly kota has 10 minutes. direct and indirect ways to pay for this wrong in professional sports when we housing program for rich sports own­ have come to that. And ticket prices ers. for hockey and football are even high­ YITZHAK RABIN But there will never be a press con­ er. Mr. DORGAN. Mr. President, I did ference in which a major sports team I think that Congress ought to hold not hear the entire statement of the owner announces he is moving his team some hearings on the subject of profes­ Senator from Minnesota, but I visited to Bismarck or Cheyenne or Helena. sional sports: where it has been; where with him on the way to the Chamber This little monopoly game that it is going; who profits, by how- much, today about his trip to Israel to the fu- bestows enormous economic awards on and at whose expense. 31530 CONGRESSIONAL RECORD-SENATE November 7, 1995 Why is it in 1995 that the only gurt, and about half what they spend that our speech is restrained by some heal thy public housing program is one on potato chips. artificial Government-imposed effort to build sports stadiums for rich, mid­ So where did this notion get going to restrict it, others will fill the void. dle-aged sports owners? Why, when so that we were spending too much in As the Speaker pointed out, the void many cities would like to host a profes­ campaigns? Compared to what? Com­ left by the limits- if we had limits on sional sports team, do the leagues re­ pared to what? When you look at any our speech-would be further filled by strict expansion unreasonably, so that sensible comparison, we are spending a the media, in addition to other power­ existing teams can extract outrageous pittance communicating with voters ful entities. ticket prices from citizens who have no and expressing ourselves in the Amer­ A Member of this body on this floor alternatives? ican political system. last Friday blasted as " ludicrous" the I think it is reasonable for our coun­ Commercial advertising in 1992 was Speaker's observation that over half try to ask whether these monopolies, $44 billion. The cost of democracy, if the money he raises is to offset the At­ where a few rich owners can make you will, in the 1993-94 cycle was $724 lan ta Journal and Constitution. The judgments about where to bestow hun­ million-as I said, roughly what Ameri­ Senator further noted that his oppo­ dreds of millions of dollars of economic cans spent on bubble gum that year. nent is not the newspaper. Maybe this benefits to one region or another or Another way of looking at it, Mr. colleague of ours who was lambasting one city or another, are in concert with President, per eligible voter spending the Speaker enjoys a great relationship the interests of our economy and our was about $3.74. That would get you an with his newspaper, but he ought to try country. extra-value meal at McDonald's. The to be on this side of the aisle doing bat­ Mr. President, I yield the floor. equivalent of a burger, fries, and a tle with the liberal newspapers across The PRESIDING OFFICER. The Sen­ Coke is not too much to spend to com­ America. To conservatives, the undeni­ ator from Kentucky. municate with the American voter. ably and repeatedly proven liberal Mr. Mc.CONNELL. Mr. President, I Prof. Bradley Smith, in a work re­ slant of the media is an opponent. Of will take a moment to bid farewell to leased by the Cato Institute, recently course, all those newspapers would love my friend Yitzhak Rabin. I was unable observed that Sony is spending more to to restrain our speech so their speech to attend the funeral due to some fam­ promote Michael Jackson's latest would be enhanced. ily responsibilities, but had an oppor­ album than the 1994 Republican Senate I have ruminated at some length on tunity to get to know the Prime Min­ nominee in California spent. That is a this over the years, including a 1994 ister well in his visits to the United race that a lot of people like to focus piece for the New York Times entitled States. And to speak to him three or on, even though on a per capi ta basis "The Press as Power Broker," and an­ four times a year about the foreign aid there was less spending in California other for USA Today, also last year. program for Israel and other issues re­ than in a number of other States. Mr. President, I ask unanimous con­ lated to the Middle East. Newsweek columnist Robert Samuel­ sent that both of those articles be Not only has Israel lost a great son noted in an August 1995 column printed in the RECORD at this point. statesman but the world has lost one of that campaign spending is tiny-five or There being no objection, the mate­ the premier figures of this century. six one-hundredths of 1 percent of the rial was ordered to be printed in the gross domestic product. This is up from RECORD, as follows: three one-hundredths of one percent in [From the New York Times, June 18, 1994] CAMPAIGN FINANCE REFORM the 1960's. As Samuelson put it, it hard­ THE PRESS AS POWER BROKER Mr. McCONNELL. Mr. President, I ly seems a high price to pay for democ­ (By Mitch McConnell) noted with interest last week the testi­ racy. WASHINGTON.-ln political campaigns, paid mony of the Speaker of the House be­ David Broder in the Washington Post advertisements are speech amplifiers-the fore the House Oversight Committee on in June of 1993 said: only practical way for candidates to speak the subject of campaign finance reform Communication is the heart of campaign directly to large numbers of voters. That is and the reaction to the Speaker's politics, and candidates are competing, not why the Supreme Court ruled, in Buckley v. speech here in the Senate last Friday just with each other, but with all the other Valeo (1976), that involuntary spending lim­ by two of our colleagues. messages being beamed at the American pub­ its are an unconstitutional infringement of lic. The added cost of the 1992 campaign was free speech. Let me say, we are back into it Now, in the name of campaign reform, the again. The biennial assault on the first the direct byproduct of a very desirable change-a marked increase in competition. Senate and House have both passed " vol­ amendment has begun anew. There were 1,200 more congressional can­ untary" spending limits for Congressional The Speaker of the House last week, didates in 1992 than in 1990-a 63 percent in­ campaigns. But while they aim to equalize in addressing this issue in some of the crease. spending between candidates, these limits most skillful and brilliant testimony I So Broder pointed out that: would distort the political process, creating have seen or been privileged to hear, a whole new set of power brokers-including, It is illogical to welcome the infusion of perhaps not coincidentally, some of the loud­ pointed out that this debate is about energy and ideas represented by the largest the first amendment. We are talking est cheerleaders for the new spending limits: freshman class in 44 years and condemn the America's largest newspapers. about free speech and the doling out of cost of their campaigns. To get around the Supreme Court ruling, the ability to communicate in a free He is talking about the 1992 class. the bills would not explicitly require spend­ society. Broder concluded in that article: ing limits. Instead, candidates would be Some of my colleagues here on Fri­ Few politicians in today's cynical climate bludgeoned into compliance by a panoply of heavy penalties. These schemes, which have day ridiculed the Speaker for stating want to tell the voters the truth. If you want what is perfectly obvious-that we do competitive politics, make up your mind the enthusiastic support of the New York not spend enough on campaigns in this that it is going to be relatively expensive. Times, among other papers, are voluntary in name only. country, not nearly enough. Democracy, like other good things, is not Under the Senate bill, candidates who re­ As a matter of fact, it is interesting cost-free. fused to abide by the limits would have their to note that in the 1993-94 cycle, the But expensive compared to what? It campaign receipts taxed at the full corporate most recent 2-year cycle of congres­ is said time after time on the floor of rate, currently 35 percent. They would be re­ sional elections, congressional cam­ the Senate that campaign spending is quired to include self-incriminating dis­ paigns spent about what the American out of control. It is just not true. There claimers in their ads and their campaigns public spent in 1 year on bubble gum. I is no basis for that. And it is repeated would be saddled with extra reporting re­ quirements. That is just for starters. repeat, Mr. President, in the last con­ as if it were fact. When noncomplying candidates went even gressional cycle, we spent on congres­ We spend a pittance on politics in a penny over the " voluntary" limit, their op­ sional campaigns what Americans this country. And, as the Speaker ponents would receive a Government grant spend in 1 year on bubble gum. And pointed out last week, we really ought equal to one-third of the limit. The more about half of what they spend on yo- to be spending more. To the extent that noncomplying candidates spent above November 7, 1995 CONGRESSIONAL RECORD-SENATE 31531 the limit, the more tax dollars their comply­ vouchers (" food stamps for politicians") to ited. But it did say that you could offer ing opponents would get. House candidates and a host of benefits to a public subsidy to candidates if you The Senate bill also provides for Govern­ Senate candidates. Political scientists op­ wanted to sort of pay them to shut up. ment grants to counteract independent ex­ posed the spending/speech limits because penditures by private citizens or groups for they advantage incumbents over challengers, That is the Presidential system, and or against any complying candidate. If David celebrities over unknowns-the political the reason even candidates like Ronald Duke decided to run for the Senate and the haves over the have-nots. Reagan, who stated that he would take N.A.A.C.P. or B'nai B'rith decided to spend Republicans opposed the scheme for all taxpayer funding and said, "I will take money in opposition to his candidacy, he these reasons and more. USA TODAY it. I cannot afford not to. The subsidy would be eligible for dollar-for-dollar match­ misdiagnoses the problem and prescribes a is so generous." ing funds to fight back. And ask yourself constitutionally toxic cure. Perhaps USA The various schemes we discussed this: if an independently financed ad urged TODAY would consider a dose of its own here in the Congress do not have as people to ""Support Senator X-she voted 50 medicine: tax dollars to candidates to " coun­ times to raise your taxes," which candidate teract" hostile newspaper editorials and an generous a subsidy. It has been pro­ would get the money to counteract it? aggregate word limit for articles. This would posed that we have the broadcasters The more a candidate's campaign was ham­ help " level the playing field," alleviate the pay for our campaigns, or that we have strung by a limit on spending (and speech), political "headline chase" and lessen the an­ the Post Office customers pay for our the more powerful other players would be­ noying din of media coverage. campaigns through broadcast discounts come-labor unions. religious groups, anyone The premier political reform is the First and postal subsidies, as if this somehow Amendment. If those freedoms were pro­ with an agenda to promote. In particular, was not real money. Well, it is real newspapers would emerge unscathed from tected only for the press, newspapers would this "reform." perfectly situated to fill the be omnipotent. Perhaps that is why USA money. And make no mistake about it, communications void created by the spend­ TODAY so casually dismisses the First the goal of all of these schemes is to ing limits. Their power to make or break Amendment concerns of others. clamp down on political speech, which, candidates would increase as the candidates' Mr. McCONNELL. Mr. President, in of course, will in turn limit the partici­ ability to communicate through paid adver­ the New York Times piece I referred to pation of Americans in the political tisements was severely limited. the fact that the media factor is codi­ system. There is much more to be said, Most campaign spending goes toward get­ fied in law in which they are specifi­ and I expect we will have an oppor­ ting an unfiltered message to voters. This re­ tunity next year to say it. quires expensive television, mail and news­ cally exempted from the definition of paper advertisements. Simply speaking from campaign expenditure. The reason that Mr. President, I yield the floor. the courthouse steps, as in days gone by, they need to be exempted is because Mr. GRAMS addressed the Chair. wo1,1ld be cheaper; but it is impossible to the assumption is that media activities The PRESIDING OFFICER (Mr. GOR­ reach most voters that way. would be a political expenditure. Right TON). The Senator from Minnesota. The "reform" effort based on spending lim­ here in the Federal election campaign its is obviously unconstitutional, yet the na­ laws compiled by the Federal Election tion's largest newspapers proceed full steam RELEASE OF PRISONERS FROM Commission on page 6, it is pointed out VIETNAM ahead in their promotion of it. Perhaps they that the term "expenditure" does not do not fully appreciate that newspapers Mr. GRAMS. Mr. President, I was could be but a loophole away from having include any news story, commentary, their election-related editorials regarded as or editorial distributed through the fa­ very pleased to learn of the release " independent expenditures" under Federal cilities of any broadcasting station, today of two American prisoners in election law. Or perhaps their true campaign and so on. Vietnam. They are Mr. Nguyen Tan Tri finance goal is to tilt the political playing The point this makes is that you and Mr. Tran Quang Liem. Both Mr. field in their own favor. could assume that is an expenditure in Tri and Mr. Liem will arrive in the a campaign. So there is a need to spe­ United States today. [From the USA Today, Oct. 24, 1994] cifically exempt it. The Speaker is ab­ The American citizens were detained DON'T LIMIT SPENDING solutely correct. To the extent that the 2 years ago, along with Steven Young, (By Mitch McConnell) speech of an individual campaign is ar­ a constituent of mine and a well-known In 1992, congressional campaigns spent tificially restrained by some Govern­ promoter of democracy in Vietnam. about $3.63 per eligible voter-comparable to ment-imposed speech limit, the speech The three Americans were in Vietnam a McDonald's "extra value meal." The truth organizing a conference on democracy is campaign spending is paltry compared to of others will be enhanced. Most par­ expenditures for commercial advertising. ticularly the liberal media of this with Vietnamese activists. Yet advertising is the only practical-and country who love to limit anybody Unfortunately, the right to free most cost-efficient-means of communicat­ else's speech so their speech will be speech is not yet recognized in Viet­ ing to large electorates. That is why the Su­ louder and more penetrating. nam, and the three Americans were de­ preme Court has said that in political cam­ An objective observer unconcerned or tained without charge. Steve Young paigns, spending is speech, and therefore in­ unfamiliar with the Constitution was released within a few days, but Tri voluntary spending limits are unconstitu­ might call that media exemption a and Liem languished in poor heal th in tional. a Vietnamese prison for nearly 2 years Had the Senate not mercifully killed it, loophole. But the point fundamentally, this year's version of USA TODA Y's beloved Mr. President, is that we are not, as before they were charged, tried, and "reform" scheme would have self-destructed the Speaker indicated, spending too convicted of treason in mid-August. in the courts. It was a blatantly unconstitu­ much on politics in this country. We Sentences of 7 years for Tri and 4 years tional attack on citizens' freedom to partici­ ought to be spending more. Any effort for Liem were then issued. pate in elections. And, its spending/speech to restrain the speech of campaigns, to As a member of the Foreign Rela­ limits were not "voluntary." shut up the campaigns, will enhance tions Subcommittee on Eastern Asia For example, if the NAACP had the audac­ the speech of others. To rearrange and Pacific Affairs, I made this matter ity to oppose a Senate candidacy by David a top priority. On September 19, I Duke, this " reform" would direct tax dollars speech in this democracy is not a desir­ to Duke to " counteract" the NAACP! Can­ able goal. passed Senate Resolution 174, which didates who didn't " voluntarily" limit So we begin again the seemingly end­ was cosponsored by my colleagues Mr. spending would have their campaign funds less debate that has certainly domi­ DOLE, Mr. HELMS, and Mr. THOMAS. The taxed, lose broadcast and mail discounts, be nated the Senate during my period resolution called for U.S. Government forced to run self-incriminating ad disclaim­ here about the desirability of clamping intervention at the highest levels to se­ ers, be choked with extra red tape and trig­ down on American campaigns and cure freedom for these Americans. At ger matching funds for their opponents if shutting up candidates so they will not the time it did not appear that Sec­ they exceeded the speech/spending limits. That's why the American Civil Liberties speak too much and providing some retary-level contact had been made in Union opposed the bill. kind of subsidy- a bribe, if you will- to this matter, something that I believed The National Taxpayers Union opposed get them to shut up. was essential after the normalization what amounted to an entitlement program The Supreme Court has said that with Vietnam. Suitable contacts were for politicians, providing communication spending is speech and cannot be lim- subsequently made, allowing us to 31532 CONGRESSIONAL RECORD-SENATE November 7, 1995 communicate how important the re­ HOLD THE LINE-NO COMPROMISE We simply do not have the right to lease of these two Americans was to Mr. GORTON. Mr. President, re­ spend the money on consumption today our Government and to the relation­ cently I received a letter from a con­ and ask our children and their children ship between our two countries. stituent named Sue Magruder, who and their children to pay the bill. That On October 12, I met with family lives in Snohomish, WA. This is what is the central issue; that is the central members of Mr. Tri and Mr. Liem, who she wrote: question which separates us from a had traveled to Washington from Texas DEAR SENATOR GORTON: Hold the line. If White House that believes in the status and California to urge the Government the President decides to veto and the Gov­ quo and believes that there really is to give this matter the same priority . ernment shuts down, so be it. We don't need nothing wrong with the continuation that it gave to the release of Harry Wu. all this Government, and compromise is out of multi-billion-dollar deficits year The families were concerned about the of the question. after year, as far as the eye can see. Please pass this sentiment on to the rest of heal th of the American prisoners, as your colleagues. We want you to hold the And it is on that proposition, Mr. well as the poor prison conditions to line. Don't compromise with my tax dollars President, that I do not believe that which they were subjected. They were because there is no more to give. constructive compromise is possible. informed by the State Department offi­ Mrs. Magruder and her husband are Once the White House, once the admin­ cials that release had become a top pri­ small business people in the town of istration realizes the depth of our feel­ ority for the administration. Snohomish, WA. They feel-and I think ing on this issue, once it comes to its Mr. President, shortly after this they feel justly- that they are overbur­ senses and is willing to join us in the meeting, it appeared that the Vietnam­ dened with regulation and with taxes, goal of balancing the budget in 7 long ese were becoming more interested in with attempting to support them­ years, on the basis of realistic projec­ resolving this matter. The rumors out selves, with attempting to make both tions, then, Mr. President, I think of Vietnam were rampant. Several their own family and their community many things are said to be com­ times we heard that there would be a a better place in which to live. And promised. Many elements of the spend­ retrial. We heard that there would be a they, together with millions of other ing program can go up while others go release about the same time of Presi­ Americans like them, want us to con­ down. I do not believe that there is any dent Le's visit to the United States to tinue on the course that we set out at absolute bottom line after we have attend the U.N. anniversary celebra­ the beginning of this year-the course reached that conclusion. Under those tion. We then heard the retrial would that will bring the budget into balance, circumstances, compromise will be a occur the weekend of October 28, fol­ a course that will remove at least some constructive activity. But to com­ lowed by conviction and expulsion from of the duplicative and unnecessary reg­ promise away the proposition that we the country. Finally, a commitment ulations from their backs, a course must stop spending more than we take was made that the release would occur which will lessen the burden of tax­ in would be essentially wrong, would be this past weekend in Vietnam. ation, which governments at all levels a repudiation of the commitments that While all of this goes to show that impose on them. those in the majority made to our vot­ freedom of speech and due process are They, unlike many Members of Con­ ers last year. Mr. President, I am con­ still scarce in Vietnam, I am pleased gress, believe that the money that they vinced it cannot and will not be done. that normalization has apparently earn is their own, and that they can be So, if I may, I will end these com­ given us more tools to pursue issues of asked to give some of that to support ments by repeating one part of Sue dispute with the Vietnamese Govern­ common purposes. They disagree, how­ Magruder's letter: ment. The two Americans have now ever, that somehow or another every­ We want you to hold the line. Don't com­ been released, but many political pris­ thing they earn belongs to the Govern­ promise with my tax dollars because there is oners, whose only crime has been to ad­ ment, which, in its generosity, will no more to give. dress issues of religious and political allow them to keep some of it. That is Mr. President, that is correct and freedom, remain locked away in Viet­ a fundamental disagreement that they that is the line that we are going to namese prisons. have with many Members of this body continue to hold. I am encouraged as well that the Vi­ and many others who live and work in Mr. President, I suggest the absence etnamese have been more forthcoming this Capital of the United States. They of a quorum. with the release of information about know that every penny the Govern­ The PRESIDING OFFICER. The MIA's and POW's after normalization. ment gets comes out of the pocket of clerk will call the roll. We must continue our efforts with some hard-working American citizen or The legislative clerk proceeded to Vietnam to pursue a full accounting, as some other person who lives and works call the roll. my resolution also has requested. at some point or another in this coun­ Mrs. HUTCHISON. Mr. President, I try. Again, I applaud the personal inter­ ask unanimous consent that the order Sue Magruder wrote that there is no for the quorum call be rescinded. vention of Secretary Warren Chris­ more to give. In that line, she was con­ topher and Secretary Lord on this im­ The PRESIDING OFFICER. Without centrating on herself and her family objection, it is so ordered. portant matter, and I also look forward and her community. But at least an to working with them to pursue our equally undesirable- no, immoral ele­ mutual goals now that we have nor­ ment in the way in which this Govern­ APPOINTMENT OF CONFEREES­ malized our relationships with Viet­ ment has been run during the course of H.R. 2546 nam. the last 20, 30, or 40 years is that we The PRESIDING OFFICER. Under To Mr. Tri and to Mr. Liem I say, spend money by the hundreds of bil­ the order of November 2, 1995, the Chair Welcome home. lions of dollars that we are not taking is authorized to appoint conferees on Mr. President, I yield the floor. I directly from our citizens in the form the bill, H.R. 2546. note the absence of a quorum. of taxes, but are borrowing, at interest, The Presiding Officer appointed Mr. The PRESIDING OFFICER. The and sending the bill not to the citizens JEFFORDS, Mr. CAMPBELL, Mr. HAT­ clerk will call the roll. who live and work in the United States FIELD, Mr. KOHL, and Mr. INOUYE con­ The assistant legislative clerk pro­ now, but to their children and our chil­ ferees on the part of the Senate. ceeded to call the roll. dren and grandchildren. That, Mr. Mr. GORTON. Mr. President, I ask President, is a greater imposition, a unanimous consent that the order for greater wrong done to them than can THE DEATH OF ISRAEL PRIME the quorum call be rescinded. possibly be done by any control over MINISTER YITZHAK RABIN The PRESIDING OFFICER (Mr. the increase in spending policies, by Mr. ROBB. Mr. President, it is with a ASHCROFT). Without objection, it is so the cancellation of any marginal Gov­ sad heart that I offer a few final words ordered. ernment spending program. today on behalf of Yitzhak Rabin- November 7, 1995 CONGRESSIONAL RECORD-SENATE 31533 statesman, military war hero, peace­ not forget the Prime Minister's words The death of Yitzhak Rabin is clearly maker, and friend. that sunny September morning 2 years a blow to the peace process. However, His burial in Jerusalem on Monday ago on the White House lawn when the Mr. President, his assassination is not casts a pall over Israel and the Middle accord was signed. "The time for peace a reflection of the fragility of peace he East. The resilient people of Israel will has come," he said. "We, the soldiers has helped bring to the Middle East. It overcome this tragedy, but his assas­ who have returned from battles stained is a reflection of the urgency with sination reminds us of the extremist with blood * * * say in a loud and clear which we must work to consolidate poisons that continue to threaten voice: Enough of blood and tears. that peace. Yitzhak Rabin's dream-peace between Enough." We must remember that while lead­ Israel and the Arab world. King Hussein appropriately eulogized ers matter, it is their visions that are I first met Yitzhak Rabin when he Yitzhak Rabin as one who "died as a enduring. Yitzhak Rabin left to Israel served as Ambassador to the United soldier of peace." We can only hope and the Middle East, indeed to the States beginning in 1968. It was one of that his assassination imbues the peace world, a vision of reconciliation that many leadership posts he held in a long process, pushing implementation of the will be his lasting legacy. Our greatest and distinguished career. From brigade Oslo II agreement forward. In earlier contribution to the memory of Yitzhak commander in the 1948 war of independ­ times Shimon Peres and Yitzhak Rabin Rabin must not be our grief over his ence to Army Chief of Staff during the espoused different views and styles departure, but determination to ensure historic 6-day success in the 1967 war to within the same Labor Party tent, but that his vision of peace and reconcili­ Ambassador and then Prime Minister in an ironic twist the two forged a per­ ation becomes an enduring reality in on two different occasions, Yitzhak sonal alliance these last few years in the Middle East. Rabin embodied the fighting, and now the name of peace. I have high hopes peacemaking, Jewish spirit. for the Acting Prime Minister carrying I had the good fortune of visiting forward with Rabin's good work. REMEMBERING YITZHAK RABIN: with him many times over a period of For if he were with us today, I think WARRIOR FOR PEACE three decades. Following the raid on Yi tzhak Rabin would urge us to finish Mr. HOLLINGS. Mr. President, I rise Entebbe, he honored my mother-in-law, the job he has begun. It only saddens today with a heavy heart to remember my wife, and me with a state dinner in me that this courageous leader did not one of America's greatest friends-my Jerusalem in 1973. During visits to Is­ live to enjoy the fruits of his own labor friend Yi tzhak Rabin-who was trag­ rael since then, and on his trips to to create a better future for Israel. ically murdered Saturday in Israel. His Washington, I continued to learn from sudden death is even more shocking be­ Yitzhak Rabin's political wisdom and cause he was assassinated just after insights, as well as appreciate the dif­ THE DEATH OF YITZHAK RABIN making an impassioned speech for ficulty of living in a world surrounded Mr. ROTH. Mr. President I, rise peace in the Mideast. by declared adversaries. His was a today to express my profound grief Mr. President, Yitzhak Rabin was the voice of reason, forged by the fires of over the death of Israeli Prime Min­ strongest leader in today's world. Pe­ war and tempered these last few years ister Yitzhak Rabin-a man who was riod. As he guided the ship of Israel by yearnings for peace. brave in the conduct of war and coura­ through a sea of hostility, he forcefully Because of my own military back­ geous in the pursuit of peace. led the troubled Mideast toward peace. ground, Yitzhak Rabin shared addi­ Yitzhak Rabin's life embodied the We can only hope that we continue to tional insights with me on the strength very concept of leadership. He was a seek the Prime Minister's goal-peace and force of Israeli defense forces and warrior of great skill, an accomplished among Moslem, Christian, and Jew­ difficult combat environment they diplomat, and, in the fullest sense of and continue to turn away from the vi­ faced. I respected him enormously for the term, a statesman. His leadership olence that always bubbles just under the military prowess he demonstrated was a catalyst of reconciliation and the surface in that part of the world. during his years of service and after­ peace in a region long torn by animos­ Yitzhak Rabin trained to be a farm­ wards. His fighting skills in 1948 and ity and war. The dramatic progress we er. Like one of our greatest Presidents, 1967 earned him accolades as an au­ have witnessed over the last 2 years in Harry S. Truman, Prime Minister thentic war hero. Most would agree the Middle East peace process would Rabin had the plain-speaking, straight­ that his military leadership was in­ not have occurred without the leader­ forward, blunt common sense of farm­ valuable in securing the birth, and con­ ship of Yitzhak Rabin. ers. But also like Truman, Rabin's des­ tinuing security, of the Jewish State. One of his key strengths as a leader tiny led him to the army and to becom­ But Yitzhak Rabin left the battle­ was his ability to bond realism with ing a world leader whose strategic in­ field for the political trenches in the optimism. It is a trait that is all too tellect was respected all over. 1970's, initially implementing iron fist rare and all too necessary in regions Just 6 years ago, Senators DANIEL policies during his first term as Prime beset by conflict. INOUYE, Jake Garn, and I spent several Minister that brooked no dissent from Rabin combined his acute under­ hours with Rabin when he was Israel's the enemies of Israel. Hostile states, standing of the obstacles to peace in Defense Minister. To this day, I will terrorist organizations committed to the Middle East with his recognition not forget the time that Mr. Rabin the destruction of the Jewish State, that peace was essential to security of spent showing us the intricate desert and other inimical forces would not his nation. The product is the historic defense preparations made by Israel. push Israel into the sea. roadmap in the Middle East we must His courtesy, combined with his in­ After a stint as Defense Minister in now follow. It has not, nor will not, be tense attention to detail, made our the 1980's and then a Labor-Likud an easy path. It will be all the more mission a learning success. powersharing arrangement, Yitzhak difficult in his absence. Mr. President, if there is one thing Rabin returned to the Prime Minister's In such endeavors, leaders matter. that I have realized in recent years, it Office and began to lay the groundwork Rabin's tenure as Prime Minister dem­ is that Yitzhak Rabin was a warrior for for comprehensive peace with the Pal­ onstrated this clearly. Despite set­ peace in the Mideast. When Israel's se­ estinians and Arab Nations. It was not backs and ever present dangers, Rabin curity was in grave danger, he fought an easy decision to make, trading land never allowed himself to become dis­ and led military battles, notably the for peace, but no one was more re­ illusioned with prospects for peace. He Six-Day War in 1967. But over time, he spected or qualified to lead Israel away forged ahead. He marshalled support came to embrace peace as the only way from the bloodshed of its past to a for what were initially unpopular, but for Mideast stability. more secure future. nonetheless necessary, steps toward Just 90 minutes before he was gunned The 1993 Declaration of Principles Arab-Israeli reconciliation. Rabin kept down in Tel Aviv, Prime Minister has started us down that road. I will the process on track. Rabin stood before more than 100,000 31534 CONGRESSIONAL RECORD-SENATE November 7, 1995 people at a rally to implore them to the White House. That was the beginning of THE BAD DEBT BOXSCORE harvest the fruits of peace. He said, "I the current West Bank talks. Mr. HELMS. Mr. President, the sky­ waged war as long as there was no Those discussions enraged the Israeli right. rocketing Federal debt, now slightly in chance for peace. I believe there is now Right-wing Israelis paraded effigies of Mr. Rabin as a Nazi officer or portrayed him excess of $15 billion shy of $5 trillion, a chance for peace, a great chance, and wearing a kafflyeh (Arab head dress). And so has been fueled for a generation by bu­ we must take advantage of it for those it was that on Saturday, after a peace rally reaucratic hot air-sort of like a hot standing here, and for those who are with 100,000 Israelis, a Jew broke a com­ air balloon whirling out of control­ not here." A few moments later, he mandant never to shoot a Jew. Like Egypt's which everybody has talked about, but added, "The people truly want peace Anwar Sadat, Yitzhak Rabin was killed by almost nobody even tried to fix. That and oppose violence. Violence erodes one of his own people. In the assassin-filled attitude began to change, however, im­ the basis of Israeli democracy.'' Mideast, he is the first Israeli prime min­ mediately after the November 1994 Mr. President, today, in our grief, as ister to die at a terrorist's hand. elections. we remember our friend Yitzhak Rabin, Despite a seven-day period of mourning, The 104th Congress promised to hold the Labor Party has already reestablished it­ let us all look to his last words for the self under Mr. Peres. Likud leader Benjamin true to the Founding Fathers' decree guidance to achieve the greatest legacy Netanyahu has lamented, "We debate, we that the executive branch of the U.S. we can give our friend-a lasting peace. shout, we don't shoot." But it does not ap­ Government should never be able to Mr. President, an editorial in today's pear that Netanyahu will seek another elec­ spend a dime unless and until it had edition of the State of Columbia is a tion soon, although about half the populance been authorized and appropriated by fitting tribute to Prime Minister seems to be on his side. Among them are the the U.S. Congress. Rabin. I ask unanimous consent that it zealots who must be restrained. So, when the new 104th Congress con­ be printed in the RECORD. As the architect of peace, Mr. Peres knows vened this past January, the House of There being no objection, the edi­ the process and the principal players. He can Representatives quickly approved a lead if he's not considered too dovish. Maybe balanced budget amendment to the torial was ordered to be printed in the a Rabin is necessary to act firmly. Let's RECORD, as follows: hope not. U.S. Constitution. On the Senate side, RABIN: "BEST IN WAR, BUT*** GREATEST IN Let peace, not war, be Yitzhak Rabin's leg­ all but 1 of the 54 Republican Senators PEACE" acy. His own countrymen, more so than the supported the balanced budget amend­ Among the thousands who will experience 40 heads of state at his funeral today, hold ment. the funeral of Yitzhak Rabin in front of an the key to this. That was the good news. The bad international audience today, the thoughts news was that only 13 Democrat Sen­ should be on the peace process the Israeli ators supported it, and that killed the prime minister was setting up when an as­ balanced budget amendment for the sassin struck him. GORDON ELDREDGE time being. Since a two-thirds vote-67 As Foreign Minister Shimon Peres said, Senators, if all Senators are present-­ Mr. Rabin was "at his best in war, but at his Mr. BAUCUS. Mr. President, I rise greatest in peace." is necessary to approve a constitu­ There was more truth than hyperbole in today to honor a man who has made a tional amendment, the proposed Sen­ this. The man was a warrior who served as substantial investment in the future of ate amendment failed by one vote. chief of staff of the Israel Defense Forces, my State of Montana. Gordon Eldredge There will be another vote during the overseeing the dramatic victory over Arab is retiring as executive director of the 104th Congress. armies in the Six-Day War of 1967. He had Boys and Girls Club of Billings after 25 Here's today's bad debt boxscore: risen to this position after more than 20 years. As of the close of business Monday, years as a soldier, a career that began in the I believe it is important for people to November 7, the Federal debt-down Jewish underground before independence, as know about someone like Gordon. to the penny-stood at exactly a commando in Haganah. $4,984, 737 ,460,958.92. That victory gave Israel territory in the Many children already do. They know Sinai that was released when Egypt's Anwar and trust him as a man who under­ That amounts to $18,922.15--on a per Sadat made peace with the Jewish state. And stands them, their families, their prob­ capi ta basis-for every man, woman, it also brought Israel captured land that his lems, their hopes and dreams. He gives and child in America. country is giving back now in negotiations them a safe haven and a sense of be­ with the once-hated Palestinians. longing. We should all take heed of his A TRAGEDY FOR ISRAEL AND THE Mr. Rabin's superb marks as a warrior example. helped position him as a man of steel, one WORLD who could be depended upon to hold the secu­ Gordon will give credit for his suc­ Mr. MACK. Mr. President, the death rity of Israel foremost as he slipped into his cess to his father, his family, his board of Yitzhak Rabin was many things­ role as statesman. and the families he serves before tak­ the loss of a hero, a blow to the mo­ He became ambassador to the United ing any for himself. His background is mentum of the peace process, a vile act States after the Six-Day War. By 1973 he was steeped in the Boys and Girls Club tra­ back in Israel as a Labor Party member, be­ of political terror. Israel, whose people dition, with his father and two brothers are accustomed to tragedy and un­ coming prime minister in 1974 in the wake of serving as executive directors for clubs the difficult Yorn Kippur War. He became the speakable inhumanity, has been con­ first sabra-native-born Israeli-to serve as and his own career encompassing 37 fronted with something unexpectedly prime minister. years. sinister. An attack from within. While A minor scandal helped send Mr. Rabin Gordon has established the club's Israel has taught the rest of the free packing in 1977 when the Likud conservative reputation for being one of the best­ world to bear the burden of terrorism party took over for some years. Then in 1984, equipped clubs in the Nation. The club, and fight back, it has never had to cope he returned to government as defense min­ which has about 1,000 members, has with the assassination of a leader by a ister in a coalition regime headed by Likud built its soccer program into one of the leaders. His political rehabilitation was kin­ fellow citizen. Something has changed dled by the Palestinian intifada (uprising) premier youth sports activities in Bil­ forever with the death of Yitzhak that began in 1987 and caused the defense lings. The inviting new building serves Rabin. But much more remains the minister to order the breaking of limbs in­ not only club members, but any child same. stead of shooting. Ultimately, he lost faith who cares to participate. In the aftermath of the tragedy, Is­ in that policy, and came to believe that ter­ This is all due to the vision and com­ raelis poured out into the streets, ritorial concessions to the Palestinians were passion of one man, the man I am so lighting candles and keeping an all a requirement for peace. proud to recognize today. To quote night vigil of prayer. The next day, as The election of 1992 restored Labor and made Mr. Rabin prime minister again. An from the play, "The Fantasticks," "a Yitzhak Rabin lay in state at the old Labor rival, Mr. Peres, became foreign man who plants a garden is a very Knesset, a million mourners-a quarter minister and soon started the Olso talks that happy man.'' Gordon, enjoy your re­ of Israel's population-paid their re­ set up the first meeting between the PLO's tirement. You have tended your garden spects. Israelis of all political view­ Yasser Arafat and the Rabin-Peres team at well. points united to mourn their prime November 7, 1995 CONGRESSIONAL RECORD-SENATE 31535 minister. In a unique and historic trib­ passing of one of Alaska's most promi­ awards. And this year, just days before ute, leaders of Arab countries, includ­ nent citizens, Oscar Dyson, on Satur­ the fatal accident that took his life, he ing King Hussein of Jordan and Presi­ day, October 28. was made the National Fisheries Insti­ dent Mubarak of Egypt, and a Palestin­ Oscar Dyson was a true pioneer and tute's Person of the Year, the insti­ ian delegation, attended the funeral an authentic Alaskan sourdough who tute's highest honor. alongside mourners from all over the epitomized the can-do spirit of the Last Finally, Oscar believed strongly in world. Finally, Israel's leader in war Frontier. our Nation's youth. Both by example and peace was laid to rest at Mount Born in Rhode Island, he first came and by application, his kindness, Herzl, Jerusalem's military cemetery, to Alaska in 1940, after working his humor, understanding, and sage advice near graves of other soldiers who died way across the country. When World guided generations of young people. He defending Israel. War II began, he went to work building helped them "learn the ropes," and Just before the funeral began, a siren airstrips for the Army Corps of Engi­ they gained the confidence to go out sounded across Israel, signaling Israelis neers. When Japanese airplanes at­ into the world and-like Oscar him­ everywhere to observe a moment of si­ tacked Dutch Harbor and invaded the self-to make it better. There can be lence. Every year, on Israel's Memorial Aleutian Islands, Oscar Dyson was no greater memorial. Day, this siren signals Israelis to stop there. whatever they are doing to honor the After the war, Oscar truly came into ISRAELI PRIME MINISTER nation's fallen soldiers. On Monday, his own. He started commercial fishing YITZHAK RABIN heads of state and royalty from all in 1946, beginning a career that would over the world paid tribute to Yitzhak span generations and would make him Mr. D'AMATO. Mr. President, I rise Rabin. Yet it is the image of Israel's one of the most well-known and ad­ today to pay tribute to the late people, making pilgrimages to his mired figures in the U.S. fishing indus­ Yitzhak Rabin who served his people in try. war and in peace and did both with home in Jerusalem, lining the route of great bravery. The Government of Is­ the funeral procession, and standing si­ Over the years, Oscar pioneered fish­ rael and the people of Israel have suf­ lently during the siren that epitomizes ery after fishery. Starting as a salmon fered a deep wound that will take a for me the death of a hero. and halibut fisherman after the war, he great deal of time to heal. Time and time again, Israel has en­ branched out into shrimp, king crab, Just 2 weeks ago, I along with many dured crises and tragedies. Time and and ultimately, in groundfish. In 1971, of my colleagues, stood with him in the time again the Israeli people have he made the first-ever delivery of Alas­ rotunda of the Capitol to present to grown stronger and more committed to ka pollock to a shore-based U.S. proc­ him, a copy of the bill which would their Zionist mission. The people of Is­ essor, starting an industry that now move the American Embassy in Israel rael have, in a short time, accom­ has an annual harvest of over 3 billion from Tel Aviv to Jerusalem, the Holy plished many dramatic successes. They pounds-the largest single fishery in City. I was most proud then and most have farmed the desert. They have wel­ the United States and the fourth in proud now to have been there. One comed hundreds of thousands of Jewish value-which now represents a full 30 could not, of course, guess that only 2 immigrants from diverse backgrounds, percent of the United States commer­ weeks later, this horrible, cowardly act not to mention refugees from Vietnam, cial harvest. would occur. and Bosnia. They have fought wars, In the 1970's, while remaining an ac­ The Prime Minister's goal of peace and repelled terrorist attacks, while es­ tive fisherman, Oscar also diversified, for Israel, after so very many years of tablishing a democratic Jewish state, joining with several other fishermen to blood and tears, is one that cannot be based on the rule of law. I have been to purchase what became a highly suc­ abandoned. I am sure that Israel will Israel and met with its leaders and or­ cessful and innovative seafood process­ find the strength to move forward. dinary citizens. Now, as Israel faces yet ing company. Peace, like Israel's security, is of vital another difficult challenge, I have faith Oscar thought of himself-first, last, importance to Israel and the United that the Israeli people will come to­ and always---as a fisherman. But to States alike. Yet, one cannot argue the gether in their grief to carry on Israel's those of us who knew him, he was far point that Israel will not be the same role as the strongest democracy and more. He knew that good citizens must without him. He was a hero and a tow­ United States ally in the Middle East. be ready to give something back to this ering figure of his time. It is very difficult to imagine Israel great Republic, and he was as good as My heart goes out to the Rabin fam­ without Yitzhak Rabin. His life and ca­ his word. He served 13 years on Alas­ ily at this most unfortunate time. reer tracked the drama tic even ts of Is­ ka's Board of Fisheries, and three They can take solace in the fact that rael's founding. He oversaw the devel­ terms on the Federal North Pacific Yi tzhak Rabin will forever be remem­ opment of its army, commanding it at Fishery Management Council. He also bered as a peacemaker for his people­ one of its most perilous moments, the served his country as an advisory and a peacemaker for Israel. 1967 Six-Day War, and overseeing Isra­ representative in international fishery el's defense during the difficult period negotiations with Japan and Russia. FAREWELL TO PRIME MINISTER of the Intifada. He worked to strength­ He did not stop there. He was a YITZHAK RABIN founding member of the United Fisher­ en the United States-Israel alliance as Mr. PELL. Mr. President, today I Israel's Ambassador to Washington. As men's Marketing Association and the wish to pay my respects to a man who Prime Minister, he worked for peace Alaska Draggers Association. He gave will be remembered as one of history's while safeguarding Israel's security. his time to the Kodiak City Council, giants. Finally, let no one forget, he gave his the Kodiak Community College, the I know that all of us in the Senate­ life for peace. There is a He brew saying Alaska Seafood Marketing Institute, indeed, throughout the Nation-were invoked in times of mourning, "May and the Alaska Governor's Fishery shocked and saddened by the news of his memory be a blessing." Yitzhak Task Force, to name a few of many. the assassination of Israeli Prime Min­ Rabin's life was a blessing to Israel, And he worked tirelessly toward the ister Yitzhak Rabin. Having just re­ and to the world. His memory will goals of the Alaska Fisheries Develop­ turned from accompanying President serve as an inspiration to all of us in ment Foundation, and Kodiak's Fish­ Clinton to the Prime Minister's fu­ the difficult days ahead. ery Industrial Technology Center. Al­ neral, I can also bear witness to the ways, he helped lead his fellow fisher­ devastating, emotional impact of the men toward a stronger, sustainable fu­ OSCAR DYSON, A FRIEND OF assassination on the fabric-indeed, on ture. every fiber-of Israel's society. FISHERIES In 1985, Oscar was chosen by National Yesterday, the Senate passed a reso­ Mr. MURKOWSKI. Mr. President, I Fisherman magazine to receive its lution paying tribute to Prime Min­ rise today to note with great regret the prestigious Highliner of the Year ister Rabin's legacy and expressing 31536 CONGRESSIONAL RECORD-SENATE November 7, 1995 support for the people of Israel and the history are so dramatic, so full of vital­ such loyalty and dedication. Martha government of acting-Prime Minister ity, that they will never fade. Such was was one of those staffers, working with Shimon Peres. Those are fine and ap­ that day. For me, the defining moment me for 18 years, nearly my entire serv­ propriate sentiments, and I was pleased came when Prime Minister Rabin ut­ ice in the Senate. to cosponsor the resolution. It is in­ tered the unforgettable words I now Over the years, I had the privilege to deed proper for the Senate to act shall quote: see her develop her legislative acumen, quickly to reaffirm its unique and un­ We are destined to live together on the having a hand in numerous historic wavering commitment to the State of same soil in the same land. We , the soldiers legislative achievements and working Israel. who have returned from battles stained with on airport projects all across my State. Yet in a certain sense, the words in blood; we who have seen our relatives and I depended immensely on her politi­ the resolution we passed yesterday friends killed before our eyes; we who have cal sense and her knowledge of aviation attended their funerals and cannot look into and telecommunications issues. Her could never do justice to the rich, com­ the eyes of their parents; we who have come plicated, and ultimately heroic life of from a land where parents bury their chil­ work certainly did not go unnoticed in Yitzhak Rabin. dren; we who have fought against you, the Kentucky. Because of her commitment Prime Minister Rabin did not inspire Palestinians, we say to you today in a loud of time and energy, officials at one of love as much as confidence. Even if and a clear voice: Enough of blood and tears. our largest airports named a street they disagreed with him, his country­ Enough! after her. I will be forever grateful for men could be assured of his commit­ Those, Mr. President, are not the the countless times that her advice and men t to their safety and security. To words of a warrior, but of a poet. I do counsel helped me make the best deci­ me, the grieving Israelis, whose pic­ not know if there is more unlikely an sions for Kentucky and the Nation. I tures we have seen on television and in author for such stirring prose than know that many Kentuckians will the papers, are probably not moved en­ Prime Minister Rabin, but it serves to share my belief that she will be impos­ tirely by sentiments and emotions-al­ remind us of the depth of his character, sible to replace. though that is surely part of it. But I the multifaceted nature of his person­ I also saw her confront a terrible ill­ think the real reason they seem so ality. ness and turn it into a series of per­ fragile is because they have lost their The complexities that so were evi­ sonal triumphs. Because of her bravery anchor, and as a result are uncertain of dent in Rabin go to the very heart of and commitment, last year's National their world. It is a measure of Rabin's leadership. In every democracy, there Race for the Cure on behalf of breast greatness that his passing could have often emerges a struggle between the cancer, had over 200 participants who so profound an impact. will of the people and the best instincts ran, walked, and said, "Doing it for Prime Minister Rabin was the quin­ of their representatives. Prime Min­ Martha.'' As a result of the personal tessential soldier-his thinking strate­ ister Rabin's decisions on the peace outpouring of support on her behalf, gic, his analysis solid and calculating, process were not always popular or the entire race will be dedicated in his style terse, and his authority un­ well-received, but he was able to move Martha's honor next year. It is the questioned. These qualities, which his country in a new direction because largest 5 kilometer race in the world. served him so well on the battlefield, of the strength and courage of his con­ If you look simply at her 25 years of were also the distinguishing character­ victions. He came to believe as relent­ public service, first in her native Ken­ istics of his political career. Although lessly in peace as he did in military tucky and then in Washington, you the ends he pursued seemed contradic­ strength, and brought a reluctant na­ cannot help but be impressed by her tory-decisive military victory on the tion along with him. That, Mr. Presi­ commitment to a State and its people. one hand, peaceful coexistence on the dent, is the essence of leadership. But, that really does not begin to de­ other-the means by which he pursued The United States has lost a trusted fine a woman whose gifts and talents them never changed. He brought to the and valued friend, and Israel has lost were many. peace table the same dogged deter­ one of its fiercest, and most noble I know my fellow Kentuckians will mination, the same self-confidence lions. While nothing has changed that agree when I say she was a true south­ that he possessed in the war room. is fundamental between us, our two ern woman in the best of that tradi­ One of the quirks of world politics is countries will never look at each other tion. She was intelligent and articu­ that revolutionary change often quite the same. That will be the result late, not a bit afraid to speak her mind, springs from the most unexpected of having lost, in such a sudden and un­ a gracious hostess and talented artist sources. The political pundits of the thinkable way, one such as Prime Min­ creating beautiful quilts and needle­ 1970's, for instance, would never have ister Rabin. Our Nation mourns his work, and to the end, compassionate guessed that President Nixon would be loss, and grieves with his family and and giving. the first to visit China. A decade later, friends. She was the accomplished cook who no one could have predicted that Presi­ Soldier, diplomat, leader, a peace­ was as proud of the meal she cooked at dent Reagan would be the one to sign maker, Nobel laureate-to be success­ Christ House or Carpenter's homeless far-reaching arms control agreements ful at any one of these is more than shelter as she was of the gourmet with the Evil Empire, the Soviet enough for a rich and fulfilling life. spread you were guaranteed when in­ Union. By the same token, it was Prime Minister Rabin excelled at all of vited to dinner. equally improbable that Rabin, who ar­ them, and for that, history will forever She was the woman who faced death guably was more concerned with the remember and revere him. much too early, yet was determined in security of Israel than many of his the last months to needlepoint the compatriots, would take such unprece­ Christmas ornaments her friends and dented risks for peace. It defies expec­ THE DEATH OF MARTHA MOLONEY colleagues had. come to expect each tation even more that this gruff sol­ Mr. FORD. Mr. President, I rise to year, before it was too late. dier-turned-statesman could speak so speak today on a matter that brings Not long ago, I read the words of a ardently and passionately in defense of me great personal sadness. A loyal and pastor who said that "If you look hard his decisions. trusted member of my staff, Martha enough, you can see God's image even I think that many amongst us will Moloney, passed away over the week­ in someone whose life is foreign to always associate Prime Minister Rabin end, after a long battle with cancer. yours, and you can have compassion with his historic appearance on the I know that many of my colleagues for him." In the end, I believe that is White House lawn in September 1993, will understand when I say that my the life Martha had come to live, turn­ when he shook Yasir Arafat's hand in staff is like a second family to me. And ing the skills that led to an accom­ full view of the world. I well remember perhaps, it is even more pronounced for plished career, in to the large and small that sun-spilled morning, a day full of me, because of the length of time my acts of kindness and generosity that hope and promise. Some moments in staff has continued to serve me with touched all those who knew her and November 7, 1995 CONGRESSIONAL RECORD-SENATE 31537 many who did not. My thoughts and emies but now tragically apply to fel­ will stand by Israel's side as that na­ prayers go out to her friends and fam­ low Israelis, "We are today giving tion heals, and as it finds the courage ily. peace a chance-and saying to you and to take the next step toward peace. saying again to you: enough. Let us Shalom, Yitzhak Rabin. We praise pray that a day will come when we all your life and the gifts you gave to Is­ PRIME MINISTER YITZHAK RABIN will say farewell to the arms.'' rael and the world community. Mr. SANTORUM. Mr. President, the hills of Jerusalem were quiet yesterday as world leaders gathered to pay trib­ TRIBUTE TO PRIME MINISTER CONDOLENCES TO ISRAEL ute to Prime Minister Yitzhak Rabin, a YITZHAK RABIN Mrs. HUTCHISON. Mr. President, I man who served and led Israel for more Mrs. MURRAY. Mr. President, like so take this opportunity to add my voice than 50 years both in war and in peace. many of my colleagues, I want to rise to those that have been raised all over Yitzhak Rabin was a true leader in today and pay tribute to the late Is­ the world to say how sad we are today every sense of the word. A man who, raeli Prime Minister Yi tzhak Rabin, to have lost a great leader in the peace after having led his nation in war bat­ who lost his life in the name of peace process in the Middle East. I, as a tling for freedom, turned to his own this past Saturday in Tel Aviv. member of the Armed Services Com­ countrymen to seek peace for the long­ Many of us have spent the last sev­ mittee, have met with Prime Minister term security of Israel. eral days mourning the loss of a great Rabin, and I, like so many others who In the days since his tragic death, man-not only for Israel but also for have spoken for the last few days, had much has been said of Yitzhak Rabin's the world. On Monday, Kings, Presi­ great respect for him. unique role in brokering peace in the dents and Princes gathered in Jerusa­ I want to say at a time like this, you Middle East. Friends and former foes lem to pay tribute to this finest of look to your friendships for support agree Mr. Rabin achieved progress leaders-the late Israeli Prime Min­ and comfort. Clearly, America is there where perhaps no other Israeli leader ister Yitzhak Rabin. But as I listened for the support and comfort of our was capable. Because of his strong to the statements of praise and honor, friend, our ally, and our strong, strong military record, Yitzhak Rabin I was struck most by the words of his compatriot, the State of Israel. We are brought legitimacy to his quest to stop granddaughter, who spoke of his place there to make sure that we get through the bloodshed of Israelis. Only a man in Heaven more than his place in his­ this testing period strong in body to­ who led his country to great victories tory. "Grandfather," she said, "may gether. in war could argue effectively against the God of Israel that keeps over all of Mr. President, I think as I look back concerns that Israel was giving up its us keep you in Heaven, as you merit." on the events of the last few days, what security in negotiating peace with her Heaven now cradles the man who struck me the most is how far the lead­ neighbors. spent his life fighting wars and waging ership of Prime Minister Rabin, along From Yitzhak Rabin's early days as a peace on behalf of the great nation of with his predecessors, brought us. The young soldier in the Palmach, to his Israel. And so it is left to those of us funeral itself would never have hap­ meteoric rise to Chief of Staff of the Is­ still living to carry his torch-that pened in our dreams. We would never raeli Army, he was credited worldwide "pillar of fire" described by his grand­ have seen the President of Egypt, the as having one of the most insightful daughter, that lit a path toward peace King of Jordan, and even the good military minds of his time. He was pri­ few thought possible. Yitzhak Rabin, wishes of the PLO chief, coming to­ marily responsible for creating the we will miss your vision and courage. gether to say we are able to speak in army which led Israel to victory over But we will not let the message of your one voice that this should not have Egypt, Jordan, and Syria and included life be lost. Today it falls to each of us, happened, that we want to seek peace. the capture of the Old City of J erusa­ citizens and leaders of all nations, to I think now everyone believes that lem in the Six-Day war. Yet it may guarantee that your legacy of peace is peace is achievable in the Middle East. have been his close contact with war fully realized. That could not have happened 10 years that led him to eventually realize that Yitzhak Rabin was trusted by Israe­ ago. the only true prospect to ending the lis first for his military knowledge, and Just seeing what we saw at the fu­ Palestinian question was negotiation, later for his political leadership. He neral yesterday makes us realize how and not a military solution. has been a central actor in his nation's far we have come. It makes us miss all One of the most tangible examples of history since its founding in 1948, lead­ the more the leadership that Prime what his efforts for peace have gar­ ing his country through times of war Minister Rabin has given in this coun­ nered was the presence of King Hussein and peace. His was truly a remarkable try for so long, first as a military and President Hosni Mubarak at the life, held together by a singular, un­ spokesman, a military strategist, a funeral services at Mount Herzl Ceme­ wavering commitment to the security hard-liner, if you will. tery. These men, once enemies, joined of Israel. The Prime Minister saw how the over 30 other world leaders to honor a Yitzhak Rabin once said that he strength of Israel was one and how the man they had faced on the battlefield worked to end the hostilities in the re­ strength of Israel could be made to and then again at the equally difficult gion so that his children and his chil­ continue and endure into the future peace table. dren's children would no longer "expe­ generations. I think he saw that peace Yi tzhak Rabin inspired in most Is­ rience the painful cost of war." Today, was the answer that they had come to raeli citizens a sense of confidence that on behalf of Yitzhak Rabin's grand­ where they were by sheer grit and in these troubled times he was acting daughter and all the children of Israel, sheer determination. But he saw that in the interest of Israel's long-term we must not ask if the Middle East it took more to have a lasting place in prosperity. He viewed peace negotia­ peace process can survive, but rather, the Middle East, and he was coming tion as a necessity to secure Israel's fu­ how. We must devote ourselves to that around to bringing the people of Israel ture in the Middle East, putting aside goal with unity and courage. with him. whatever personal remembrances he For my part, my commitment to en­ So I add my voice and say that my may have carried from his days as a suring a strong and secure Israel re­ condolences go to the people of Israel, soldier. The pinnacle of his career was mains steadfast. As always, Israel has to Prime Minister Rabin's widow, and witnessed by millions of people on Sep­ a true and lasting friend in the United just say that the comfort that is there tember 13, 1993, when he and Yasir States. Since its founding, the Amer­ in seeing the funeral for the fallen Arafat shook hands on the White House ican people have stood by Israel in the leader of Israel and the diversity of lawn after the signing of the Declara­ search for peace and stability. Today, people from around the world, leaders tion of Principles. On that day, he as Israeli citizens mourn, we stand by of country, who came to pay their re­ spoke words meant for Israel's Arab en- our friend. In the months ahead, we spects, said more than anything else, 99-059 0-97 Vol. 141 (Pt. 22) 16 31538 CONGRESSIONAL RECORD-SENATE November 7, 1995 that we are at the cusp of a time when THE BALANCED BUDGET I am sure that the Republican ma­ we will see peace in the Middle East. Mr. EXON. Mr. President, there is a jorities in both the House and the Sen­ I just want to reiterate this Sen­ great deal of rhetoric going on today ate will pass the conference report. I ator's strong position, that America about where the Nation is going with am just as sure that President Clinton will be there, hand-in-hand with our regard to the balanced budget that this will veto that bill, and- he would be friends, to make sure that Prime Min­ Senator supported for a long, long right to do so. ister Rabin's dreams will not die. They time. I remind the Senate it was this The Republicans do not have the will be carried on by his successors 'in Senator who voted with the near ma­ votes to override a Presidential veto. office and by the future generations of jority to reach the required number of And I am glad they do not. We will leaders of Israel. votes for setting a constitutional eventually have to sit down and start Mr. President, I yield the floor and amendment for a balanced budget. I crafting a workable budget together. suggest the absence of a quorum. have been known as a conservative I pledge cooperation, but not capitu­ The PRESIDING OFFICER. The Democrat for a long, long time, who lation. To that end, all should know clerk will call the roll. where this Senator stands and where The legislative clerk proceeded to has been against the wild-eyed spend­ ing that has engulfed our Nation for far many other Senators stand who want a call the roll. balanced budget. Playing games with Mr. EXON. Mr. President, I ask unan­ too long. I stand ready with Senators on both sides of the aisle to march for­ the debt ceiling is not a yearly casino imous consent that the order for the night at the local men's club. The Re­ quorum call be rescinded. ward if we can, in a bipartisan fashion, The PRESIDING OFFICER. Without not dictated by the budget resolution publicans should not be gambling with objection, it is so ordered. that was passed in the Senate. the full faith and credit of the United The Chair will inform the Senator we The first thing I would like to do is States. are scheduled, under previous consent, address some of the talk that is going These budget negotiations are deli­ to be in recess at 12:30. on today, talk I am very fearful is im­ cate, and they will take time. At the Mr. EXON. Mr. President, I ask unan­ pinging upon the basic tenets of our very least, we should extend the debt imous consent I be yielded 5 minutes or Government. It seems to me the major­ ceiling into early next year. a short period of time thereafter, and ity of Republicans in the Senate and The same is true with the next con­ under that unanimous-consent request the majority of Republicans in the tinuing resolution. We should not be the 12:30 hour for recess be set aside House, at least their leadership, are taking hostages in these negotiations. temporarily, so that I might finish my now, unfortunately, working their way Second, we cannot, and will not, ac­ remarks. to try and thwart the rightful duties cept the Republican's current level of The PRESIDING OFFICER. Without guaranteed under the Constitution to reductions in projected Medicare and objection, it is so ordered. the President with regard to the veto Medicaid requirements. These are ex­ The Senator from Nebraska. process. treme, and they are excessive. They This is all centered now around the must be pared back if there is any hope extension of the debt ceiling. I think it of winning Democratic approval. THE ASSASSINATION OF PRIME is time, now, we strip aside the facade The same is true with tax breaks for MINISTER RABIN that the Republicans have fashioned the rich and the tax increases for work­ Mr. EXON. Mr. President, I would about their objections to raising the ing families eligible for the earned-in­ like to briefly address the shocking debt limit. come tax credit. Deny it as much as loss to the world caused by the assas­ If you examine the Republican bill you want, but there is a relationship sination of Prime Minister Rabin, the and reasonably add up the numbers, between the size of the tax breaks for beloved Prime Minister of our friend, you discover the necessity by the Re­ the wealthy and the Medicare expendi­ the State of Israel. I have heard several publicans to raise the debt ceiling by tures. The tax breaks have to be scaled of my colleagues' remarks on the sad­ $1.8 trillion, from its present $4.9 tril­ back and targeted more toward middle­ ness of this moment, the terrible loss lion to $6. 7 trillion by the year 2002. income Americans. that we feel here in the United States This is the best kept secret in Washing­ There are, of course, many others and the terrible situation that is going ton. areas that will be on my list, particu­ on inside the State of Israel today; peo­ It is necessary for them to raise the larly with regard to rural America ple obviously in dismay and disbelief. debt ceiling to help accommodate their which has been mauled in this budget. This is a very, very sad event. $245 billion tax break for the weal thy But I wanted to give you at least what I have listened with great interest and cover the ever-increasing interest I believe is the starting point for a bal­ this morning to my friend and col­ costs resulting therefrom. It is signifi­ anced budget that will win bipartisan league, the Senator from Minnesota. I cant to note that in the Republican congressional support and the signa­ simply say he said everything so well, bill, they are increasing in the short ture of the President of the United I think it will suffice to say that I wish term the National debt by $600 billion States. to associate myself with the remarks in the years 1996 to 1997. I say to my colleagues on the other by Senator WELLSTONE on the floor of Since this is the Republican's clearly side, instead of trying to see who will the Senate earlier today. He summed it needed goal, why do they refuse to do blink first, why do not we try to see up so very, very well that I cannot add it now-to avert the threat of a train eye to eye on a few of these issues? to it. wreck? Such action, if it were taken by That is what the American people Those of us who had our lives the Republicans, would avert playing want. That is what they deserve. touched by Prime Minister Rabin, Russian roulette with the economy and I stand ready to be of assistance to those of us who knew him, those of us would avert the cloud on the economy anyone on either side of the aisle in who were with him, those of us who lis­ that would be caused. Clearly, if we do coming together where both sides are tened to his sound advice with regard not raise the debt ceiling, it would re­ going to have to give, and give on is­ to world leadership for peace over the sult possibly in closing down Govern­ sues that they feel very strongly about. years, feel a terrible loss. Our hearts go ment and defaulting on Uncle Sam's It is in the interest of the United out to his family, to his constituents in obligations for the first time in its his­ States of America, though, to get away the State of Israel, where he led so cou­ tory in not issuing Social Security from this Russian roulette that we are rageously and so bravely. checks. now headed toward, obviously with re­ A true warrior of peace has been Mr. President, this is wrong. The gard to the debt ceiling extension. struck down. We all should recognize process that the Republican leadership Mr. President, I say again, come, let and realize this is a time, possibly, to in the House and Senate are on right us reason together. have this terrible loss solidify the drive now in this regard is wrong from every Mr. President, I thank the Chair. I for peace in the Middle East. standpoint, as I see it. yield the floor. November 7, 1995 CONGRESSIONAL RECORD-SENATE 31539 RECESS ample, who argue that this bill needs So I am delighted to be here, frankly, The PRESIDING OFFICER. Under to be amended to provide for an excep­ on behalf of small children who really the previous order, the hour of 12:30 tion in cases where the life of the do not have the opportunity to be here p.m. having arrived, the Senate will mother is at stake. to speak for themselves. now stand in recess until the hour of However, the bill already provides an Last Wednesday, Madam President, 2:15 p.m. affirmative defense in such cases. More was an extraordinary day in the his­ Thereupon, the Senate, at 12:35 p.m., to the point is the fact that arguments tory of the Nation's ongoing debate recessed until 2:15 p.m.; whereupon, the about life or health of the mother are about abortion. There was a coalition Senate reassembled when called to designed to scare people and ignore the of Members of the House from both po­ order by the Presiding Officer (Mr. facts. The facts are these: This proce­ litical parties, from all across the phil­ Helms). dure is a 3-day procedure-that is osophical spectrum. They were pro­ Mr. SMITH. Mr. President, I suggest right, 3 days. This is not something choice. They were pro-life. They had the absence of a quorum. where a quick medical decision is different degrees of what their pro­ The PRESIDING OFFICER. The called for in a life-and-death situation choice or pro-life positions were­ clerk will call the roll. and opponents know it. Democrats, Republicans, liberals, con­ The legislative clerk proceeded to Doctor Pamela Smith, director of servatives, pro-choice, pro-life. But call the roll. medical education in the department of they came together to form a super­ Mr. DOLE. Madam President, I ask obstetrics and gynecology at Mount majori ty, a two-thirds majority to pass unanimous consent that the order for Sinai Hospital in Chicago, IL, put it this bill in the House, H.R. 1833. the quorum call be rescinded. best: Two of the highest ranking Members The PRESIDING OFFICER (Ms. Doctor Smith states unequivocally: of the House minority leadership, Con­ SNOWE). Without objection, it is so or­ There are absolutely no obstetrical situa­ gressman GEPHARDT and Congressman dered. tions encountered in this country which re­ BONIOR, joined together with the two quire a partially delivered human fetus to be highest ranking leaders of the majority destroyed to preserve the health of the mother. leadership, NEWT GINGRICH and DICK PARTIAL-BIRTH ABORTION BAN ARMEY, in voting to pass this bill. I ACT This is a straightforward and bal­ point this out, Madam President, be­ Mr. DOLE. Madam President, we anced bill that allows the Congress to cause this is quite different from the have agreed to take this bill up at 2 do something it rarely has a chance to debates that we have had here in the o'clock to accommodate a lot of our do: Step past divisive abortion argu­ past on the issue of abortion. I think it colleagues who were on a plane all ments of the past, stand up for those goes right to the heart of how different night. I thank the Senator from New who cannot defend themselves and do this particular bill is to some of the it in a bipartisan way. Hampshire for not objecting to that I urge my colleagues not to allow other debates. Perhaps even more sig­ process. nificant, the House's two-thirds major­ We are going to take up H.R. 1833, those who have a very different agenda to defeat or delay this bill's passage. ity for this bill, again, transcended the which is a bill to ban partial-birth I hope as we get into the debate that usual voting patterns of abortion-relat­ abortions, and I think it is worth not­ we can debate this bill and not get into ed issues. ing this bill passed by an overwhelming unrelated matters that have no pos­ It is interesting some of the names majority in the House. I know there sible reference to this bill. This is an that came out of this debate: Pro­ will be efforts to amend the House bill important issue. choice Democrats p ATRICK KENNEDY of and refer the bill to committee. I urge So, hopefully, we can complete ac­ Rhode Island and JIM MORAN of Vir­ my colleagues to reject those efforts, tion on it or do whatever the opponents ginia joined with pro-choice Repub­ because it is a straightforward bill. wish to do, if they are going to send it licans like SUSAN MOLINARI of New This isolates one procedure, one used back to committee. I think there are a York and CHARLIE BASS and BILL up to the ninth month of pregnancy, couple Members absent who support ZELIFF of my own State of New Hamp­ and one procedure alone. It is not call­ that approach and a couple absent who shire to pass this bill to ban partial­ ing into question some of the larger support another approach. Perhaps we birth abortions. abortion issues that so often divide us. can have that vote tomorrow. This is This does not mean that anybody The American Medical Association's worthy of debate, and I thank my col­ compromises their views to do that. Council on Legislation voted unani­ leagues for letting us proceed to it. What it means is people looked at this mously to enforce H.R. 1833. A member I yield the floor. issue very carefully with an open mind of that council described it as not "a The PRESIDING OFFICER. The and realized what a bad, disgusting recognized medical technique.'' clerk will report the bill. process this really is and decided that The overwhelming majority vote in The legislative clerk read as follows: America, in no way, should be a partic­ the House-including both those who A bill (H.R. 1833) to amend title 18, United ipant or in any way add the weight of consider themselves pro-choice and States Code, to ban partial-birth abortion. this great country in this issue to this pro-life-underscores that this bill de­ The Senate proceeded to consider the horrible, horrible process and proce­ serves immediate passage. After hear­ bill. dure. ings and committee work in the House, Mr. SMITH addressed the Chair. So, Madam President, this great coa­ nothing will be served by further delay. The PRESIDING OFFICER. The Sen­ lition, this supermajority-Democrats, Those who seek to amend it are in ef­ ator from New Hampshire. Republicans, pro-choice, pro-life, lib­ fect trying to deprive this bill of any Mr. SMITH. Madam President, I rise eral, conservative-came together. real meaning or significance. today to support very strongly H.R. That does not very often happen The only people in America trying to 1833, the Partial-Birth Abortion Ban around this place, and I think that says defeat this bill are abortion extremists Act of 1995. I might also point out that something about this issue and the se­ who believe that no compassion, no this is identical legislation to legisla­ riousness of it. common sense, should ever get in the tion I introduced on the Senate side. It They came together because they way of an anything-goes approach. I do was originally cosponsored by Sena tor came to see this bill as presenting a not think reasonable people, whatever GRAMM of Texas and had some dozen or fundamental question, a very fun­ their views on abortion, agree with so cosponsors, including the distin­ damental question, and that question that position. guished majority leader. But I decided is a question of human rights. Opponents of this bill know that. As that it would be just as easy to take The question of whether the very a result, we will instead hear soothing the bill from the House side rather youngest, tiniest, most innocent of claims that opponents only want to than to encumber the process with an­ Americans, those babies whose living, amend the bill. There are those, for ex- other piece of legislation. moving bodies have been brought into 31540 CONGRESSIONAL RECORD-SENATE November 7, 1995 the birth canal-into the birth canal­ under the other circumstances of the themselves from the people who make up the who, indeed are in the very process­ debate. It is certainly a life or death vast, ambivalent middle ground of America. the very process-of being born are de­ debate. Those who champion the pro-choice· posi­ serving of the protection of the law of As you listen to this debate, I say to tion fell into that trap last week. the United States of America, because my pro-choice colleagues, ask your­ Mr. HELMS. If the Senator will hesi­ that is the fundamental question we selves, why did DICK GEPHARDT, PAT­ tate a moment, now we get to the meat are going to face today when we vote RICK KENNEDY, SUSAN MOLINARI, or any of the coconut. When the subject of on this issue: Is this baby, moving 90 others, vote for this bill? You all know abortion comes up and questions are percent through the birth canal, except them. You are their pro-choice col­ asked of me, I have a ready question of for the head, is this little baby in the leagues. You know them and respect my own to ask before we begin the dis­ birth canal 3 inches from full birth-3 them, and you understand their views. cussion. I have asked it of young peo­ inches from full birth-is this baby de­ Why did they do this? Why did 73 House ple, individuals who border on mili­ serving of the protection of the law as Democrats vote for this bill? I believe tancy on the abortion issue, and many depicted in the Constitution of the that if my pro-choice friends will keep others. It is a rather compelling ques­ United States? That is the issue we an open mind and try to listen to this tion and it is this: What is an abortion? face today. No other issue. No other debate, as I try to honestly lay that de­ Now, I hope the people of America issue. No other issue do we face today bate out before you today, they will understand the question, and I hope other than that one. come to understand how and why that they understand the answer. I ask the The House of Representatives, to magnificent supermajority in the Senator from New Hampshire to an­ their great credit, Madam President, House came together to pass this bill. swer that question. answered that fundamental question, Madam President, the one and only Mr. SMITH. Well, the answer to that and they answered it with a very re­ purpose of H.R. 1833 is to ban a single question, from the perspective of the sounding yes, by a supermajority of 288 method of abortion that is first per­ Senator from New Hampshire, is, I say to 139. When you look at the numbers, formed-not last, but first-at 19 to 20 to the Sena tor from North Carolina, you know that was not all Democrats weeks of gestation. That is a 5-month­ that it is the process which interrupts on one side or all Republicans on one old baby in the womb. That is the be­ the life of an unborn child. side or all pro-life people on one side or ginning. It then goes beyond that. It Mr. HELMS. I ask the Senator, it all pro-choice people on one side, it was goes to the 21st, 22d, 23d, 24th, right on does not just interrupt the life, it con­ a mix. They answered emphatically up to birth, right on up to 9 months­ cludes the life, does it not? yes, yes, yes. These little children de­ any particular time in this period. It is Mr. SMITH. That is correct. serve the protection of the Constitu­ often later than 19 or 20 weeks that Mr. HELMS. Would it be fair to say tion of the United States. this process can be performed. These that an abortion is a deliberate intent I was never prouder, in the 11 years I are late-term babies, the youngest of to destroy the most innocent, most have spent here in Congress between whom may have a fighting chance to helpless of human life? Is that reason­ the House and the Senate, than I was live on their own outside of the womb, ably correct? that day when people on both sides of and the older of whom unquestionably Mr. SMITH. That is certainly my po­ that issue came together. It was a mag­ could live outside womb. sition. I think that if there were not to nificent day for the House and a great Those of you who are parents, or be any life there, there would not be day for this Nation. It was a great vic­ have been parents, have gone through any need to perform the action of abor­ tory for the cause of human rights, a the process of feeling the heartbeat of tion because there would not be any­ great victory for the protection of an your child-if you are a woman, inside thing to abort. So I draw from that innocent child in the birth canal, three your womb, and if you are a man, feel­ conclusion that it is a life and, there­ inches away from birth. ing that heartbeat inside womb of your fore, somebody had to take action to It is hard for me to believe that it is wife. terminate that life. necessary for me, or anyone else, to Mr. HELMS. Madam President, will Mr. HELMS. I wonder if the Senator stand here on the floor of the Senate the distinguished Senator yield for just is familiar with the quotation so often today and have to fight for that protec­ a moment? attributed to the late Douglas Mac­ tion. It is hard for me to believe that. Mr. SMITH. I am happy to yield to Arthur. General MacArthur said: "In It has always been hard for me to be­ the Senator from North Carolina. all of recorded history, there is no na­ lieve that, but it is difficult for me to Mr. HELMS. First of all, this is not a tion that survived in prosperity that accept the fact that is necessary, that question; it is a statement of fact for lost its moral and spiritual motiva­ there are those who would deny that the RECORD. I admire my friend from tion." protection, as if somehow this was New Hampshire for taking this respon­ Is the Senator familiar with that some generic process that did not im­ sibility on the Senate floor. I have been statement by Douglas MacArthur? pact young children. here many times on the abortion issue Mr. SMITH. I have heard that state­ But beginning today, Madam Presi­ along with others, and I am very, very ment, yes, sir. dent, the U.S. Senate, too, is going to proud of BOB SMITH. I hope the people Mr. HELMS. The point is-and I ask face that same question. They are of New Hampshire understand that he the Senator further-Douglas Mac­ going to face the same question that is making a gallant fight. Arthur was talking about a whole the House faced: Will we vote to extend Now, my question: Has the distin­ range of things, was he not? the protection of the law to the young­ guished Senator from New Hampshire Mr. SMITH. Yes. est of our fellow Americans, those seen the Chicago Tribune editorial of Mr. HELMS. MacArthur was speak­ whose little bodies have emerged from November 5? ing in terms of how a nation can self­ womb into the birth canal and are in Mr. SMITH. I answer that yes, and I destruct by losing its sense of personal the process of being born? That is the have it right here. responsibility, its diligence, its willing­ question we have to ask ourselves, and Mr. HELMS. I wonder if he would ness to work and to be constructive. I that is the question we are going to read the first paragraph for me. think the Senator is doing a great job have to answer today. Mr. SMITH. Yes, this is the Chicago on this issue, and I am not going to As we start this debate, I just want Tribune editorial of November 5 of this take up much more of his time. to say a word to my pro-choice col­ year, entitled "Method and Madness on Again I ask the Senator to please leagues. I do not agree with their posi­ Abortion." It starts: read the fourth paragraph of the Chi­ tions on some matters of abortion, but In the national debate on abortion, the ac­ cago Tribune editorial, if he will. I respect their right to have that posi­ tivists on both sides invariably stake out ab­ Mr. SMITH. "One can support abor­ tion. This is America. This is not a pro­ solutist positions. In so doing, they often tion rights and still be horrified at choice/pro-life debate as we know it harm their respective causes by distancing such a procedure. The argument that November 7, 1995 CONGRESSIONAL RECORD-SENATE 31541 this particular method could be essen­ more tenuous in the case of fetuses and gynecological survey wrote a letter tial to save the woman's life was un­ that are near the point of viability out­ to Senator KENNEDY: "Having read Dr. convincing." side of the womb." Haskell's paper, I can assure you these Mr. HELMS. Now move back to the These are not my positions, but I be­ drawings accurately represent the pro­ immediately preceding paragraph. lieve a life is a life. I also believe that cedure described therein." Mr. SMITH. "The House, by more there are many in America who do not I hope the media this time would get than a 2-1 ratio, voted to outlaw a go to the extreme that this particular it right so I do not have to read edi­ gruesome form of late-term abortion. procedure does. torials about me showing photographs It involves the pulling the fetus, feet In conclusion, the editorial writer of aborted fetuses and photographs of first, through the birth canal and says, "Indeed this may cause mod­ women in the birth position and all suctioning out the brains so the skull erates who generally support abortion this other nonsense that people have collapses and the entire fetus is more rights to rethink their comfort level been reporting. Get it right this time, easily removed.'' with other forms of late-term abortion, please, those of you in the media. Mr. HELMS. Will the Senator read particularly when they see in this last I will show my colleague with these the sentence again beginning with "It week's debate there was a method to charts what is done to these late-term involves"? Read it slowly so that ev­ the madness." babies in the partial birth abortion erybody watching on television or sit­ Madam President, a few weeks ago I procedure, because you need to know. ting in this Chamber can understand took to the floor of the Senate and I You are going to be voting on whether exactly what is being discussed here used a series of medical drawings and a or not to stop this practice, so there­ today. photograph of a child that was pre­ fore you should know what you are vot­ Mr. SMITH. It involves the pulling of maturely delivered. That is all I ing on. the fetus feet first through the birth showed in terms of charts or graphs. Many, if not most of you, have al­ canal and suctioning out the brain so From that particular presentation ready seen the illustrations. They have that I made I was amazed at the irre­ appeared in advertisements in Roll the skull collapses and the en tire fetus Call, Congressional Quarterly, the Hill, is more easily removed. sponsibility of the press in terms of Mr. HELMS. Now, let me clarify one how they reported that. Now, I assume and other publications as well as medi­ cal journals all over the country. more point with the Senator, and then that the media that reported on it ei­ Now, some have tried to say that I will conclude this particular line of ther watched the tape from C-SPAN, they are inaccurate and you will prob­ questioning. saw the debate from the galleries, or ably hear that, but they have been pub­ One person said this procedure, in ad­ took somebody else's word for it. Unfortunately, those who took some­ lished in the American Medical Asso­ dition to being gruesome and cruel, is ciation's own publication, which did just 3 inches away from being totally body else's word for it did not get the not question their medical accuracy. unlawful. truth. It was reported that I had shown Moreover, medical witnesses before Mr. SMITH. That is correct. graphic photographs of aborted the House Judiciary Committee hear­ Mr. HELMS. What does the Senator fetuses-wrong. It was reported that I ing on this bill, even those who opposed think he meant by that? had somehow violated a woman's right the bill, conceded the illustrations are Mr. SMITH. I think that my inter­ to privacy by showing photographs of a accurate from a technical point of pretation, were it 3 inches further, if it woman with a child in the birth view. So remember that. were 3 inches further, the head would canal-wrong. Also photographs of an Now, in this first chart, with the aid be delivered through the birth canal aborted child. It went on and on and on of ultrasound, the abortion doctor or and it would be a Iiving child under the to the point of the ridiculous. the abortionist, the aid of ultrasound, full protection of the law. Today I am going to try again to see finds out what the position of the baby Mr. HELMS. And the law, until fairly if the press can get it right. I hope they is. Then using forceps-remember now, recently, took one position with re­ can. these children, these babies, this is 20- spect to the deliberate, intentional de­ These are medical drawings, medical week minimum, 19 to 20 week, 5-month struction of innocent human life. drawings accepted by the American fetus and beyond; it could be 6 months, What did the law say the penalty was Medical Association. They are not pho­ 7 months, 8 months; that is the begin­ to a doctor who did that? tographs of women. They are medical ning-reaches into the womb with the Mr. SMITH. Well-- drawings. They are straightforward de­ forceps, takes the child by the foot, as Mr. HELMS. It was murder. And why pictions of the procedure as described you can see in this picture here and murder? Because it was intentional? in an 8-page paper written in 1992 by pulls the leg around. Mr. SMITH. If it was intentional, Dr. Martin Haskell who has performed Why do they do that? To turn the that is correct. over 1,000 of these abortions. In a tape baby around so that the baby is deliv­ Mr. HELMS. I will be back with some recorded interview with the American ered by the feet first. Why? Because if more questions but I want to com­ Medical News on July 5, 1993, Haskell the child comes through the birth pliment the Senator, and I thank him himself said "The drawings were accu­ canal feet first, the child is not breath­ for yielding. rate from a technical point of view." ing. If it is head first, that is a birth­ Mr. SMITH. I thank the Senator During a June 15, 1995, public hearing a live birth, my colleagues, and we from North Carolina for his comments before the House Judiciary Cons ti tu­ have a living baby under the protection and remarks. He has been a long-time tion subcommittee, Prof. J. Courtland of the law. supporter of the right to life. Robinson, M.D., testifying on behalf of So we have to turn it around and do Since the Senator from North Caro­ the National Abortion Federation, was it feet first. That is what the abortion­ lina brought up the Chicago Tribune questioned by Congressman KENNEDY ist does. Put the forceps on the tiny leg editorial, I will read a couple of other about the same line drawings displayed of this little child, turn it around in lines from it because I think it makes in poster size next to the witness table. the womb so that it can be delivered the point very, very well. "While the Dr. Robinson agreed they were techno­ feet first. majority in the Nation may support a logically accurate, and also added In the third chart, Madam President, woman's right to choose an abortion, "This is exactly probably what is oc­ we see that the abortionist here is pull­ most of the people who make up that curring at the hands of the two physi­ ing the child all the way out of the majority do not take an absolutist cians involved," just as we see this. womb and into the birth canal with the view. Reasonable restrictions, such as Also Prof. Watson Bowes of the Uni­ exception of the child's head. That is parental notification requirements in versity of North Carolina at Chapel what is happening in this particular the case of teen pregnancy, have sig­ Hill, who is an internationally recog­ chart. nificant national support. Public sup­ nized authority on fetal and maternal Now, I want to pause for a moment. port for abortion also becomes much medicine, coeditor of the obstetrical I hope that everyone will think -very 31542 CONGRESSIONAL RECORD-SENATE November 7, 1995 seriously. I want everyone to think That is not the issue here, folks. That They are moving. They are kicking. very seriously about what is happening is not the issue here. This is not the They are happy. They suck their here. way to do it-a lifeless form. thumb. Their little hearts are beating. I have witnessed the birth of my I had occasion, a couple of occasions, Their little brains are working. It is a three children. It was the most beau­ frankly-many of you have- to take a living thing. tiful thing I have ever witnessed in my pet that was old-it was very difficult. Many experts will testify that new­ life, and I am proud to say I was there. I had a dog one time, most recently, born babies hear their mother's voice. I am glad I was and I will never forget that I had to do this to, named Muffin; Not only do they hear it, they recog­ it; three children born into the world. 12 years old. You know how close you nize it. It soothes them. It calms them It happens every day. Many will be get to pets. They are like-only they down. born while I am speaking. Many will be are not-children. But they are like Suddenly, however, Madam Presi­ aborted while I am speaking. children. I took that dog, who was so dent-suddenly the baby's safe, warm, But here we have the hand of what old that she could not get around any­ watery world is invaded by the forceps could be a doctor but it is not a doctor. more, to the vet and I said, "I have to of an abortionist. It is a doctor, but his goal or her goal do this. I don't know if I can handle The journey from the womb through is not to save a life; it is to take one. it." the birth canal to birth, the miracu­ Picture, if you can, those of you who He said, "You know, you ought to lous journey, the so beautiful journey have witnessed a birth or can imagine come in and watch me do it rather which so many of us have witnessed­ what it might be like, these hands tak­ than leave her here, because you will especially women who give birth to ing this child-little feet, little legs, feel better when you see it because it is those children, and those of us hus­ little torso, little behind-the arms, peaceful. It is not painful. We give this bands who have been lucky enough to the fingers moving as they do move. dog a needle and she goes to sleep. No witness it-this miraculous journey Oh, yes, there are fingers and toes at 5 pain.'' that every one of us, every single one months and· beyond. You bet. And there So I did. I am glad I did, really, be­ of us, we have all taken this journey on is a heartbeat. It is a living, breathing cause I feel better about it. our birthday. child. That little body 90 percent Can you imagine-could you possibly (Mr. COATS assumed the chair.) through the birth canal, everything imagine the pain of this child, without Mr. SMITH. The Senator from Indi­ but the head, is 3 inches from the pro­ any anesthetic, having scissors put in ana, in the chair, took that journey. tection of the Constitution of the Unit­ the back of its neck and having its The Senator from California took that ed States, in the hands of this doctor brains sucked out? Can you imagine journey. We all took that journey down or abortionist; totally at their mercy. the pain? This is the United States of that birth canal. And in most cases we Were it to be a doctor who was trying America. Why are we doing this to our needed a little help, we needed a little to deliver this child, it would be a children? Could somebody please tell help. beautiful thing. If it were a premature me why we are doing this? Why are we But, when I look at that fourth pic­ baby, we would rush that baby to what doing this? Give me a reason. I cannot ture-I am 54 years old. Maybe I do not is called the preemie ward, hook it up wait until I hear the other side. For look it but I am. I have seen a lot of to whatever tubes and essentials were what? Why are we doing this? rough things. I served in the Vietnam necessary for life support to try to At the beginning of this process we war. I have seen people die. I have seen bring that child to where they can had an unborn child, an unborn child people in agony, in near-death situa­ come home with their mother. safe in her mother's womb. And yes, it tions, with horrible diseases. I have But that is not the case here. That is could be a her, I say to my colleagues, seen quite a lot. not the case here. You see there is a pro-choice women of the Senate, it But I cannot imagine a country as different objective. The next part is the could be a her. We tend to use the word great as this one is where a people worst part. It is very difficult for me, "him" but it could be her. We had an would sanction-I do not care what you frankly, to talk about it. That I have unborn child safe in her mother's call yourselves, pro-choice or pro-life. I to stand here on the floor of the Senate womb. do not care. How could you sanction and talk about it is necessary because Mrs. BOXER. Will the Senator yield? this? How could you sanction that? Did by standing here on the floor of the I just want to ask a parliamentary those of us who are veterans fight to Senate and talking about it, I might question. defend that? I did not. save one or more of these children from Mr. SMITH. I am not going to yield. Mr. President, if this baby, if the this horrible procedure. Let us look at Mrs. BOXER. I would inquire if the head of this little baby, comes through what happens, my fellow Americans. Senator is going to finish his state­ the uterus, the child would slide right Let us look at what happens. ment or answer in debate? out of the mother's body and straight In the hands of the abortionist, the Mr. SMITH. I am not going to yield. into the protection of law, just so feet, the legs, the torso, the arms right I want to finish my remarks. easy-not so easy for the woman. But to the neck-in the hands of the abor­ Mrs. BOXER. If he will answer, could that little child comes out and is born tionist-moving feet, moving hands, the Senator give me a sense of how kicking, hands and fingers and feet beating heart-you can feel it. The long that will be? I need to know so I moving-you can picture that little abortionist takes a pair of scissors, no can plan my response. baby-straight into the protection of anesthetic-takes a pair of scissors, in­ Mr. SMITH. I do not know. I honestly law. serts the scissors into the back of the do not know. But, you know, that is a problem in skull, pulls the scissors apart, opens up Mrs. BOXER. Could be an hour? this procedure for the abortionist. Do a hole in the back of the skull, inserts Mr. SMITH. I do not know. you know what they. call it when the a catheter and sucks out the brains of Mrs. BOXER. The Senator can expect baby manages to come out? The dread­ the child so that the skull compresses me to take an equal time. ed complication. That is what they call and then he removes this dangling life­ Mr. SMITH. We had an unborn child it. That is the term that the abortion­ less form from the womb. Think about safe in the womb of her mother, in that ists use, the "dreaded complication." it. little protected area. A watery mass, if That is a live birth, a live birth- the Yes, I have to stand here and defend you will-safe. Safe. dreaded complication. That is the last this life, and I am proud to do it. I am You know, late-term babies have thing an abortionist wants. So what do proud to do it, because this child can­ sleep cycles and wake cycles. They they have to do? They stop the child's not do it. We can get off into the ge­ hear their parents. They hear their head from coming through the birth neric concept of abortion and talk mother. You can feel them kick when canal. They have to. Otherwise it is a about the generalities of abortion, a they are excited, when they are awake. live birth and then they have a prob­ woman's right to choose and all that. Any expectant mother knows that. lem-the dreaded complication. November 7, 1995 CONGRESSIONAL RECORD-SENATE 31543 I just want to remind my colleagues If you can think of your child in that fied before the House Judiciary Com­ that when this procedure is taking situation. mittee's hearings on this bill. He does place with the scissors and with the That is what she described the proce­ surgery on babies all the time, and he catheter, this child is alive. This is a dure as. She further states that: indicated there is really no doubt-no child that moments before was happily I am a registered nurse with 13 years of ex­ doubt, he said-that the unborn child kicking, moving its fingers and hands, perience. But one day in September 1993 my who is attacked and killed in the par­ listening to the sounds in the womb. nursing agency assigned me to work at a tial-birth procedure suffers not just In the final illustration, Mr. Presi­ Dayton, Ohio, abortion clinic, and I had pain but horrible, intense, excruciating dent, the scissors are then removed often expressed strong pro-choice views to pain. from the baby's head, and the abortion­ my two teenage daughters. So I thought this I would ask you, all of us, as human assignment would be no problem for me. ist inserts the suction catheter, com­ But I was wrong. I stood at a doctor's side beings, a few seconds, a few inches, and pleting the partial-birth abortion pro­ as he performed the partial-birth abortion you are a living being, human being cedure-sucks the child's brains out, procedure- and what I saw is branded forever protected not only from pain but pro­ the skull compresses, collapses, and in my mind. The mother was 6 months preg­ tected by the Constitution of the Unit­ the baby's small lifeless body is then nant. The baby's heartbeat was clearly visi­ ed States, and yet for a few inches, a removed from the birth canal, and it is ble on the ultrasound screen. The doctor few moments, you are the victim of the over. The work is done. Is it not inter­ went in with the forceps and grabbed the abortionist procedure, how could you esting-the contrast? Is it not interest­ baby's legs and pulled them down into the not be appalled at this procedure? How ing? birth canal. Then he delivered the baby's could you possibly justify this proce­ body and the arms-everything but the head. What could have been, but for some­ The doctor kept the baby's head just inside dure? body's decision? God knows it was not the uterus. As I said, I did not even know this the baby's decision. It could have been The baby's little fingers were clasping and took place 6 months ago, but I know it a beautiful birth. We could have had unclasping. And his feet were kicking. Then now. And if it takes the last breath in nurses scrambling running to get the the doctor stuck the scissors through the my body, I am going to stop it. I am baby into the incubator, into the back of his head, and the baby's arms jerked going to stop it. preemie ward. No. That was not to be. out in a flinch, a startle reaction, like a baby Do you know why I am going to stop What we have seen that could have does when he thinks he might fall. it, Mr. President? Because I believe in been a beautiful birth is now an un­ The doctor opened up the scissors, stuck a my heart that the American people high-powered suction tube into the opening will no longer tolerate this. I believe in speakable, brutal, ugly death, more and sucked the baby's brains out. Now the brutal and more ugly than the way you baby was completely limp. I never went back my heart that people of good faith who would put any pet. Even livestock to that clinic. But I am still haunted by the differ on this issue, who listen to this today that we eat are killed more hu­ face of that little boy-it was the most per­ debate, listen to this procedure, are manely than that. fect, angelic face I have ever seen. going to make a decision. They are A doctor who took the Hippocratic America, Mr. President, America this going to take the heat from the mili­ oath to do no harm-to do no harm­ is happening in-6 month child. tant pro-choice people, and they are has done the worst possible harm to God bless Brenda Pratt Shafer for going to vote with us. We are going to the most innocent and defenseless lit­ having the courage to come forward stop this horrible procedure, as the tle person, little patient, that he could with her testimony and her story be­ House did. We are going to put it on possibly have. Here in America-700, cause, without people like her, we the President's desk. 400, 500 times a year. Who knows? It would not know it happened. President Clinton, I hope that you happens. I have been in the Congress for 11 will pick up that pen and put your sig­ Mr. President, we know all about the years, Mr. President, and until just a nature on that bill to stop it. partial-birth abortion procedure in all It is very interesting; President Clin­ few months ago-I must confess my ig­ ton was at one time an unborn child, of its sickening and grotesque detail norance-I did not know that this pro­ because two doctors who have per­ like the rest of us, and his mother was cedure was performed in America. in a very difficult situation, and his formed it hundreds of times, Dr. Mar­ A registered nurse, very moving tes­ tin Haskell and Dr. James McMahon, mother chose life. It is very interest­ timony, self-described pro-choice, who ing. have spoken and written frankly about witnessed this procedure at the hands I just say to my colleagues, this is it in the past several months. But the of Dr. Haskell. Thankfully, Nurse the greatest country in the world, most moving testimony of all comes Shafer did tell Congressman HALL what founded with a Declaration of Inde­ from a registered nurse, a beautiful she saw. pendence that speaks of a God-given lady. Her name is Brenda Pratt Shafer. I might just say to my colleagues, and "unalienable" right to life, liberty, This is her picture. She is here today Nurse Shafer is here today. If you and the pursuit of happiness. What for this debate, and I had the privilege would like to talk with her, she is off happened to the right to life of this of meeting her just an hour or so ago. the floor. You can talk with her. I child? What happened to it? Why can­ She assisted Dr. Haskell in performing think my colleagues now may have not she be given the opportunity to a partial-birth abortion. She was a some understanding as to why the enjoy the blessings of liberty? Why nurse, pro-choice, and assisted Haskell House voted to ban this barbaric, bru­ cannot she be given the chance to in performing a partial-birth abortion. tal, gruesome, inhumane procedure. laugh, to cry, to get married, to have Brenda Shafer described what she By the 19th or 20th week of gestation, children, to go to college, to be in a saw in a letter to her Congressman, the point at which this unspeakably high school play? Why? Why does she Representative TONY HALL, Democrat brutal method of abortion is used, the not have that right? of Ohio. This is what she said. I hope child is clearly capable of feeling what The tragedy of accidents in life are the cameras can pick this up. Listen. is happening to her. This is a living bad enough. You lose a child to an acci­ These are not my words. These are the human being, one who, as I said before, dent because of alcohol; some alcoholic words of a nurse who took basically the if it had been born alive, would be runs over a child. Those kinds of things same pledge to save lives as doctors do. called a preemie. If you read the com­ happen every day in America, and they But this is what she said: mentary from neurologists, they would are terrible. But this is a deliberate act The doctor kept the baby's head just inside tell you that premature babies born at that stops this child from ever having the uterus. The baby's little fingers were this stage of pregnancy actually may clasping and unclasping, and his feet were the opportunity to do these things. kicking. Then the doctor stuck the scissors be more sensitive to pain stimulation This is the land of the free and the through the back of his head, and the baby's than others. home of the brave. If freedom has come arms jerked out in a flinch, a startle reac­ Earlier this year, I attended a press to this, if freedom has come to mean­ tion, like a baby does when he thinks that he conference at which a neurologist ing the freedom of abortionists to exe­ might fall. spoke to that effect. He later so testi- cute children- because that is exactly 31544 CONGRESSIONAL RECORD-SENATE November 7, 1995 what they are doing. Let us call it ex­ interesting. He did not call it partial­ number of partial-birth abortions per­ actly what it is. That is exactly what birth abortion. He called it "intra­ formed each year may, in fact, be much they are doing in this case. They are uterine cranial decompression." In higher. The New York Times quotes a executing little children just as they English, that means crushing the skull physician who it identifies as a gyne­ emerge in the birth canal, inches away while it is inside of the womb. That is cologist at a New York teaching hos­ from birth. If that is what freedom a nice clinical description, is it not? pital who spoke on the condition of an­ means, then we ought to be brave But you see, we have to use terms like onymity. enough to do what the House of Rep­ that because we cannot talk about Mr. President, I ask unanimous con­ resentatives did last Wednesday and this, because this is so obnoxious and sent to have printed in the RECORD this pass this bill and stop this horrible, so sickening and so disgusting and so article from the New York Times. horrible procedure. outrageous that we have to talk about There being no objection, the article Defenders of this partial-birth abor­ something else. So we use terms like was ordered to be printed in the tion, whom you will hear from shortly, ''intrauterine cranial decompression.'' RECORD, as follows: have a big job to do. They really do. It I like plain English. Killing a child in [From the New York Times, Nov. 6, 1995) is almost an impossible job in trying to the womb that is 90 percent born, that WIDER IMPACT Is FORESEEN FOR BILL To BAN rationalize how you can be in favor of is what it is. TYPE OF ABORTION this process, because you will hear it Dr. McMahon continued, saying "I (By Tamar Lewin) all: We are getting in the way between want to deal with the head last because Public health officials and doctors who a woman and a doctor. They will do ev­ that's the biggest problem." perform abortions say the bill passed by the erything they can to talk about some­ That is what he said. Those are the House of Representatives last week that thing else other than this. They are not feelings he had. When I read that, I would ban a type of later-term abortion is so going to talk about this because they thought to myself, "That little baby in broadly written and ill defined that it could the womb who happens to have Dr. affect many more doctors than originally cannot talk about it. So they have to thought. go use some other issue. They try to McMahon, if it had been Dr. FRIST or Indeed, they say, it could criminalize al­ get you on to something else. As you Dr. anybody else, they would have been most any doctor who performs abortions in listen to the debate, they will be off on allowed to be born, they would have the second trimester, or after 12 weeks of something else because they cannot be been allowed to grow, to become a gestation, and might force doctors to turn to on this. President, to become a lawyer, to be­ less-safe methods to avoid the possibility of One of the ways is to say partial­ come a father, a mother, but through prosecution. Some also say that it would birth abortions are rare; they are ob­ no choice of their own, it was Dr. shrink the pool of doctors who perform sec­ ond-trimester abortions. scure; they are almost never used. McMahon who was there, not with The sponsors of the bill, and the anti-abor­ Well, Dr. Martin Haskell, the abortion­ gentle loving caring hands but with the tion groups they worked with, said their goal ist whose brutal handiwork Nurse hands of destruction," this physician was to ban what they call " partial-birth Shafer witnessed, had claimed person­ who took the Hippocratic oath to do no abortions," in which a fetus at 20 weeks of ally that he did 700 of them as of 1993. harm. gestation or more is partly delivered, feet So I do not know what "rare" means- Sadly and perversely, he came to see first, and then to make it easier for the fetus 700 babies by one doctor. it as his role as a doctor to deal with to pass through the birth canal, the skull is As I look at that depiction of that the problem of the head of a little baby collapsed. little baby in the womb, hanging there But the House bill approved on Wednesday, in the manner that I described here the Partial-Birth Abortion Ban Act, provides limp, you know what I say to myself? today-a problem. According to the a far looser definition, with no reference to How many U.S. Senators are in that American Medical News, Dr. McMahon fetal age or to the specifics of inserting scis­ 700? How many doctors, lawyers, Nobel performed abortions through all 40 sors into the neck to create a hole through Peace Prize winners, teachers? How weeks of pregnancy. Think about that. which the brains can be suctioned out to col­ many? I do not know. We will never It made no difference to him-8112 lapse the skull. know. We will never know. The first months, 9 months, a couple days over­ The legislation, which will be considered in black President, is he or she in there? due, call Dr. McMahon, he will take the Senate this week, says only that "the term 'partial-birth abortion' means an abor­ We will never know. First Hispanic care of it. He said he would only do tion in which the person performing the President? We will never know. First elective abortions through the first 26 abortion partially vaginally delivers a living woman President? We will never know. weeks. How thoughtful of him. fetus before killing the fetus and completing Cure for cancer? It may be 1 of those Mr. President, you see, when you the deli very." 700. We will never know. They will hear this discussion, and my col­ That language is so broad-and the term never have had a chance to be that lit­ leagues, about how rare this is, it is " partial-birth abortion" so unfamiliar in the tle human being, to develop from that not rare. It is not rare. It is rare if you medical community-that many doctors who little human being to the ultimate that want to compare it to the number of perform only earlier abortions, by the most common methods, say they have done proce­ they are allowed under the Constitu­ births in America. A few hundred ver­ dures that would probably be prosecutable tion of the United States. We will sus several million who are born in under the law. never know that that little life could America. That I suppose you could call "I'm sure I've had a situation, with a 14- or have been a life like this. We all grow rare, but it is not rare to the 700 or so 16-week pregnancy, when the fetus presented up to be our own personal beings. We babies who have had that procedure, is feet first, where I did something that a Fed­ are all different-a lot of life but very it? eral prosecutor might take to court under different little personalities. We will After last week's House vote, an arti­ this language," said Dr. Lewis Koplik, who never know. We will never know. cle in the New York Times, relying on performs abortions up to 20 weeks in Albu­ They are gone. Gone. Not by acci­ data from the pro-choice National querque, N.M., and El Paso. "The decision about what method to use is made in an indi­ dent, not in an automobile accident, Abortion Federation, among others, es­ vidual setting based on an individual wom­ not in war. No. Stabbed in the back of timated that the partial-birth abortion an's situation. It's not one-size-fits-all, and the neck with a pair of scissors with procedure is performed more than 400 it shouldn't be. I don't want to make medical their brains sucked out by a catheter. times a year. In other words, on the av­ decisions based on Congressional language. I There was another abortionist by th!3 erage, more than once a day, and that don't want to be that vulnerable. And it's name of James McMahon who died a is a conservative number. Those are not what I want for my patients." few days ago. He made late-term abor­ the ones we know about. That is 400, Those who drafted the legislation said they tions his specialty. He was profiled in a did not believe it would interfere with sec­ more than 1 a day. I do not think that ond-trimester abortions performed by the 1990 article in the Los Angeles Times. is rare. That is 400 babies. It is cer­ standard method of dilation and evacuation, In that article, McMahon coldly tainly not insignificant. or D&E. claimed credit for having developed the Yesterday, the New York Times ran " An element of the crime is that the pros­ partial-birth method, and this is very another article that indicates that the ecution has to prove beyond a reasonable November 7, 1995 CONGRESSIONAL RECORD-SENATE 31545 doubt that the baby was living," said an as­ or are carrying fetuses with profound abnor- going to hear on the floor of this Sen­ sistant counsel to the Constitution sub­ malities. · ate opponents that are going to try to committee of the House Judiciary Commit­ Dr. Allan Rosenfield, dean of the Columbia rationalize their position by saying tee, Keri Harrison, who helped draft the bill. University School of Public Health and a that the bill interferes with the doc­ " In a D&E, there's not a living fetus being professor of obstetrics, said that he and a tor's professional discretion and in­ delivered. They're in there suctioning and group of other doctors discussing the legisla­ cutting, and what they deliver is body parts. tion had been unable to agree on what the vades the doctor-patient relationship. This would not cover that." law would cover-but did agree that it posed You are going to hear that because, Ms. Harrison said that in drafting the leg­ a threat to anyone who did second-trimester again, we have to talk about things islation, she and others had rejected specify­ abortions. like that because we cannot talk about ing the gestational age or abortion technique " In a standard D&E, the fetus generally this. That is why I am talking about it. it would cover. "This isn't about a viable doesn't come out intact," Dr. Rosenfield Mr. President, the American Medical baby or a nonviable one," she said. " And we said. "But you might very well bring down a Association's council on legislation did did not want anything about inserting scis­ leg at the start of the procedure, and if the not see it that way. They voted not sors into the base of the skull, because we definition is a beating heart, potentially any once but twice to endorse this bill, to didn't want them to come up with a slightly second-trimester abortion could fit this bill. stop this practice. Twelve doctors on different technique and avoid the statute. My big worry is that if this becomes law, What we want to make a crime is the abor­ doctors will feel they have to go back to the that board, practicing physicians, AMA tionist starting to deliver a baby and then less-safe second-trimester abortion methods members all, leaders of their profession killing it." we did until the 1980's, the installation pro­ voted unanimously to endorse H.R. About 13,000 of the nation's 1.5 million cedures, in which the uterus is flooded with 1833-unanimously. abortions a year are performed after 20 saline or urea." A member of the AMA council later weeks' gestation. And only two doctors, who Many of the doctors interviewed expressed publicly commented that the partial­ perform a total of about 450 of these abor­ concern that the legislation would shrink birth abortion procedure used by Drs. tions a year, have said publicly that this the pool of doctors willing to perform late­ Haskell and McMahon is simply not method is the safest and best. So most dis­ term abortions, especially since many of even recognized as a medical proce­ cussion of the proposed ban has been based these doctors already face demonstrations dure. Think about that, it is not recog­ on the assumption that the method is rarely and threats, and may not be willing to take used, and only by a small number of doctors. on an additional worry about criminal pros­ nized as a medical procedure. They got But the National Abortion Federation, ecution. it right. You know why? Do you know which represents several hundred abortion " It really is such nonspecific and bizarre why it is right? Because medicine is providers, says that more doctors have re­ legislation that it's hard to tell what exactly supposed to heal people, that is why cently reported that they sometimes use the they're trying to ban," and Dr. Mary Camp­ they got it right. Thank God they had method, which they call "intact D&E." And bell, medical director of Planned Parenthood the courage to vote the way they did. since the House vote, some gynecologists at of Metro Washington. "Clearly they're anx­ Even though they could not get the prominent hospitals have acknowledged that ious to prosecute anybody who's doing rest of the AMA to do it, the council they often use the method in late-term abor­ second- or third-trimester abortions. I know did. They got it right. A doctor is sup­ tions. people who have said that this would be the posed to heal. A doctor who does a par­ "Of course I use it, and I've ta~lght it for end of their third-trimester practice, and the last 10 years," said a gynecologist at a probably their second." tial-birth abortion is not practicing medicine. Can any reasonable person New York teaching hospital, who spoke on Mr. SMITH. Mr. President, here is the condition of anonymity. "So do doctors take the floor of the Senate and tell me in other cities. At around 20 weeks, the fetus what this doctor said on the condition this doctor who does this is practicing is usually in a breech position. If you don't of anonymity: "Of course I use it"­ medicine, healing? He is playing execu­ have to insert sharp instruments blindly into partial-birth abortion procedure-"and tioner, that is what he is doing. the uterus, that's better and safer. I've taught it for the last 10 years." I ask my colleagues to keep the AMA "Even in earlier abortions," the doctor " I've taught it," said a gynecologist at a legislative council's action in mind as continued, "it can happen that after you pre­ New York teaching hospital who spoke on pare the patient by dilating the cervix, the the opponents of this bill try to argue, the condition of anonymity. and they will, that this bill interferes feet move down, and the procedure might be "So do doctors in other cities. At around 20 covered by this law." weeks, the fetus is usually in a breech posi­ with the practice of medicine. You are "This legislation would be a disaster for tion. If you don't have to insert sharp instru­ going to hear it. The American Medical women's health," the doctor said. ments blindly into the uterus, that's better Association council on legislation care­ Most of the doctors interviewed said they and safer. fully and thoughtfully considered it saw no moral difference between dismember­ "Even in earlier abortions," the doctor and they said it does not. They endorse ing the fetus within the uterus or partially continued, "it can happen that after you pre­ this bill, because they recognize that delivering it, intact, before killing it. pare the patient by dilating the cervix, the partial-birth abortions simply do not Several said they saw the bill as an open­ feet move down, and the procedure might be It ing wedge to outlawing all second-trimester constitute the practice of medicine. covered by this law. This legislation would is not a medical procedure that they do abortions-and conceded that anti-abortion be a disaster for women's health .. .. " groups had won an important public-rela­ not agree with, they do not even think tions victory by focusing so much attention Not a word about the baby. And by it is medicine at all. And yet you are on late-term abortions, which are the least the way, we cannot find much evidence going to hear all about it, how this common but most emotionally fraught pro­ of any concern at all about women's interferes with the doctor and his pa­ cedures. health in this particular issue. tient and this is a medical process. According to the Alan Guttmacher Insti­ It is clear that the doctors that we They will tell you it is not even nec­ tute, a private group that studies reproduc­ referred to, McMahon and Haskell, re­ essary. tive health issues, almost nine out of 10 spectively, are not the only abortion­ Mr. President, the opponents of this abortions are performed in the first tri­ ists who employ the partial-birth abor­ mester, when the procedure is relatively legislation try to rationalize their op­ simple. About 164,000 abortions a year are tion procedure. You see, we do not position by claiming that the gro­ performed during the second trimester, that know. People are not going to come tesque and inhumane partial-birth is, at 13 to 26 weeks of gestation, but more out and admit this. So we do not know abortion procedure is only used in the than 9 out of 10 of these are before the 20th how prevalent it really is. In fact, most extreme circumstances. This is week. given that Times story yesterday, we where we get right down to the nitty­ Although second-trimester abortions are may be sitting on the tip of an iceberg gritty and hear a lot about this, such legal throughout the nation for any reason, we do not even know about. as when the mother's life is in danger few doctors perform abortions after 20 weeks, Besides trying to rationalize the op­ or her health is at serious risk or when and while third-trimester abortions are legal in some states only a few hundred take place position to this bill by claiming that the unborn child has what they call each year. Third-trimester abortions are per­ partial-birth abortions are rare and in­ "severe congenital abnormalities in­ formed almost exclusively by a handful of significant, although I find it difficult compatible with life." I do not know doctors who get referrals from obstetricians to understand how insignificant that what that means. We will talk about whose patients have serious health problems would be for the child, you are also that in a few minutes. 31546 CONGRES~1UNAL RECORD-SENATE November 7, 1995 Once again, the facts belie their Let me tell you what H.R. 1833-the true. Not the mother of the child upon claims. McMahon and Haskell, doc­ bill in question-actually does because whom the partial-birth abortion is per­ tors-I hesitate to use that term-are you are going to hear that distorted, formed. That woman is the innocent the only two abortionists with the bra­ too. They are going to have all kinds of victim because she was advised to do zen temerity to go public. They went lines on what this bill does and does something that was barbaric or to public because they were proud of it. not do. What it does do: The barbaric agree to do something that was bar­ That is why they went public. They and brutal partial-birth abortion proce­ baric. This bill is aimed at the abor­ had no problem with it. They were not dure that I have described and illus­ tionists; it is aimed at the brutality of trying to hide it. They went public trated on the floor of the Senate today this act; it is aimed at the gross viola­ about their use of this procedure and to can, should, must and will be outlawed. tion of just basic human rights that identify themselves personally with it. It will be because I am not going to are protected under the Constitution of They advocate this partial-birth abor­ leave this Senate until it is outlawed. the United States of America, for ev­ tion method as the "preferred method If we lose the vote today, it is going to erybody, including a baby who comes for elected late-term abortions." come back. I am going to bring it back out of that birth canal. Haskell advocates the partial-birth until we win it. Finally, Mr. President, even though abortion method for 20 to 26 weeks of Simply stated, H.R. 1833 does that. It pregnancy and Haskell told the Amer­ you are going to hear otherwise, H.R. outlaws that procedure. If you did not 1833 provides a life of the mother ex­ ican Medical News that most of the like what you saw on those charts, that partial-birth abortions he performs are, ception. Absolutely, it provides a life is your vote. There is nothing else. Do of the mother exception. in fact, elective. Speaking with what I not be swayed by the other arguments would call chilling candor, Haskell told because they are not relevant. If you Frankly, my jaw has dropped every the AMA News, "I'll be quite frank, think what we saw in the charts is ap­ time I heard one of the opponents of most of my abortions are elective in propriate, then you should vote against this bill try to say with a straight face that 20- to 24-week range and probably me and this bill. If you think that that there is no life of the mother ex­ 20 percent are for genetic reasons and process is OK, vote against me. I would ception in this bill. They are going to the other 80 percent are purely elec­ not want you to vote otherwise. If you say there is no life of the mother ex­ tive." agree with me that this is wrong, then ception, and they will say it with a For genetic, 20 percent and the other vote with me for H.R. 1833. straight face, and they will give you all 80 percent are purely elective. It amends title VIII of the United kinds of documentary evidence. There So there you have it, I say to my col­ States Code and provides that "who­ has always been such an exception leagues. You will hear it all. You will ever, in or affecting interstate or for­ since the day the bill was first intro­ hear some of our colleagues claim this eign commerce, knowingly performs a duced. I introduced it on this side. I hideous and cruel procedure is only re­ partial-birth abortion and thereby kills know what it says, and it is in there. served for the hard cases, the tough The life of the mother exception is in cases. a human fetus shall be fined under this Now we know the truth. Now we title or imprisoned not more than 2 the form of what we would call an "af­ know that is not true. So when you years, or both." The abortionist, not firmative defense." You will find it in hear it, I just gave you the facts. You the woman. The abortionist is fined. section "e" of H.R. 1833. Look at it. have it straight from the horses That is the punishment for killing the You will see it. So when you are told it mouth, from the people who do it. We child in this manner. is not in there, read it, and it is there. heard from Martin Haskell-the proud You will probably hear that the Look it up. The next time somebody practitioner of partial-birth abortions, woman is going to be punished. Not says it is not there, read it. It is right the one Nurse Shafer witnessed in his true. Read the law. there. grisly work-who told the American H.R. 1833 defines a "partial-birth That is the way this situation is Medical Association's own newspaper abortion" as "an abortion in which the dealt with in the United States Code. that 80 percent of the partial-birth person performing the abortion par­ There are 31 affirmative defenses in the abortions that he performs are "purely tially vaginally delivers a living fetus United States Code. Under H.R. 1833, if elective." He does them. It would be in­ before killing the fetus and completing a doctor reasonably believes a mother's teresting to see where the other facts the deli very." life is in danger and that a partial­ come from when we hear the other side That is what they do. Can anybody birth abortion is the only procedure he of the argument. who sat here and listened to this de­ can employ to save her life, he has an The National Abortion Federation­ bate honestly tell me that inserting affirmative defense-written right into the official national organization of scissors in the back of the head and the statute. In other words, if what the the Nation's abortion industry-has sucking the brains out of a living, doctor faced truly was a life-of-the­ publicly acknowledged that partial­ breathing child is not killing it? Beats mother circumstance, he cannot be birth abortions are routinely done for me. But you will probably hear that it convicted of violating the law. purely elective reasons. Here is what is not. H.R. 1833 would ban not only the I might also say there are very few, if they say. They told their members this any, opportunities where the life of the in this memorandum. In anticipation brain suction, partial-birth abortion that I have described, but any other mother would be threatened here. Let of this debate, this was sent out to me say it again. No doctor who reason­ their members: abortion that involves the partial de­ livery of the child into the birth canal ably believes that a mother's life is in Don't apologize. There are many reasons danger and a partial-birth procedure is why women have late abortions .. . lack of before he or she is killed. So the abor­ money or health insurance, social [or] psy­ tionist who commits this horrible act the only way to save it can be con­ chological crisis, lack of knowledge of will not be able to escape culpability victed of a crime, period. human reproduction ... " under the law by pulling the baby into The key word in subsection "e," Mr. That does not sound like dire emer­ the birth canal and stabbing her President, is "reasonably." No doctor gency to me, Mr. President. Maybe I through the heart rather than sucking who reasonably believes that the moth­ am missing something. What is the her brains out through a hole. There er's life is in danger and that no other emergency about that? I told you what are any number of ways. Would that be procedure could have saved her life can a partial-birth abortion is. I have read any more barbaric? They could have be successfully prosecuted under this you Nurse Shafer's haunting eye­ stabbed her in the heart with the scis­ bill. The word "reasonably" provides witness account. I have told you what sors. protection against an abortionist like the abortionists who have done partial­ Let me say it again. H.R. 1833 author­ Dr. Haskell or Dr. McMahon, who may birth abortions have said about them. I izes the prosecution only of the abor­ otherwise try to abuse the life of the have given you all that. tionist. When you hear otherwise, not mother exception by claiming that November 7, 1995 CONGRESSIONAL RECORD-SENATE 31547 every partial-birth abortion they do in­ for the brutal act that it is and end it­ What makes it a nonchild while it is volves a threat to the life of the moth­ never mind getting off into the generic inside, while its inside is inside the er. We are not going to let them get discussion of abortion. womb or its shoulders or its torso? A away with that. Look at the facts-a baby about to few inches? A few moments. Does that Doctors have a way of projecting enter from the birth canal in to the make it something else? themselves as absolute. The doctor world, denied that opportunity. Put Is not a partially born child one says it, so it must be true. The doctor aside the other differences; put aside whose entire body, except for her little says you have to have an abortion this where a life begins. I happen to believe head, is already in the birth canal, just way; it must be true. No. Doctors are it begins at conception. Others of my as much a human being? Is she no less human like everybody else. They are colleagues do not agree with me. That a human being? Is the line of a baby a not God, and they are wrong some­ is not the issue today. Or whether nonentity who can be brutally slaugh­ times. They are wrong when they say there are fetal brain waves at such­ tered really just a matter of a few this is necessary procedure to save the and-such a month. That is not the issue inches? A few moments? life of the mother in all cases. A doctor today. This is the world's greatest delibera­ against whom charges were brought Some say abortion should be legal for tive body, Mr. President. I am proud to under the new law would be required to sex selection. That is not the issue be a Member. I hope and I believe that demonstrate that his judgments were today. They may think a couple who because we are the world's greatest de­ "reasonable." He can have other medi­ have a girl unborn child and prefer a liberative body that we will rise to the cal doctors who are in the area, who boy can go ahead and abort the girl. challenge that the House has given us. are there, who can testify to that ef­ That is not the issue today. That is the reason why I did not fect, that it was an emergency that had The partial birth ban will protect girl touch that bill. I did not use my own. to be done. and boy babies alike. That is the issue I wanted that bill to come right over A doctor who abused the life of the today. We can all agree that a 19- or 20- here and bring it right up without mother exception in this bill obviously week fetus in gestation at the onset of amendment. I want to pass it today if could not meet that burden. By the viability outside the womb is a human I can, tomorrow if necessary, whatever same token, a doctor acting in good being. I would be interested to hear it takes, whatever time it takes, I want faith to save the life of the mother ob­ why it is not. I would like to know to pass it and I want to put it on the viously could and would meet that bur­ what it is if it is not a human being. President's desk. den. We should put aside the other dif­ Once it gets there, I hope that Presi­ To those who try to argue that this ferences. I had debates here with the dent Clinton will sign it into law. I specific, carefully drafted life of the Sena tor from California and others on hope that he will look at this brutal mother exception-in the form of an af­ the abortion issue. That is not the act and put an end to it because after firmative defense-somehow does not issue here today. The issue is this proc­ all, his pen, William Jefferson Clin­ adequately protect doctors who act to ess. The bill is about abortion in the ton-will stop the process. One signa­ save the life of the mother, I say that late second and into the third tri­ ture, done. No more partial-birth abor­ the American Medical Association's mester of pregnancy-a brutal, horrible tions. Hundreds of innocent children Council on Legislation formally voted way. saved. on whether to endorse this bill twice. Poll after poll consistently shows President Clinton, you were an un­ They endorsed it, flat out, with the af­ that the divisions among Americans born child once. The President's father firmative defense as it is written in the over a abortion narrow and narrow as died, you know, while his mother was bill before us, H.R. 1833. They did not the pregnancy progresses in to the sec­ pregnant. Is that not interesting? She qualify their endorsement by saying ond and third trimester. Even the most faced a very tough decision. Do I raise that the life of the mother provision pro-choice Americans become pro-life a child alone without a father? Bill should be changed or modified. They at some point in the process. That is Clinton's mother chose life. endorsed it. The life of the mother af­ not the issue today. Regardless of party, regardless of ide­ firmative defense was fine with them. This bill is about basic human rights, ology, I think we could say we are Again, all 12 doctors, the AMA legis­ fundamental human rights, Mr. Presi­ thankful. He became a President of the lative panel, voted unanimously, voted dent. The right of a little baby to be United States. He could have been a twice to endorse H.R. 1833---every last born, grow up, to have a life. They do victim. Bill Clinton could have been a word. Every last provision. No excep­ not depend on the polls. Do we really partial-birth abortion. We never would tions. have to take a poll to find out whether have known. We never would have Why would they endorse the bill if a little baby should have the right to known. they thought the life of the mother­ proceed and develop his little personal­ Think about it, my colleagues, be­ affirmative defense does not ade­ ity? They do not depend on politics. cause this is a very personal matter. quately protect doctors who try to save What do they know about politics? Each and every one of us-each and the life of the mother? Why would they What do they know about polls? every one of us-started out in life as do it? They are in the business of pro­ Do you know what they know? They an unborn child. Just like the one de­ tecting doctors. They did not do it. know that they hear sounds outside picted in the first illustration that I They said the bill was OK. their mother's womb and they have showed earlier today. This is a historic piece of legislation sensed that protection. They are in When you were born as you came Mr. President, that originated, was that little fluid sac where they have through that birth canal your little voted on in the people's House, from protection, but they invade that. The fingers moved, your little feet moved, Representative CANADY. It is the most abortionist invades that-pulls them you kicked your legs, you moved your representative body of our Nation's de­ feet first to their death. arms, and when you finally came into mocracy, and as the House considered Even the Supreme Court in the Roe the world with a little slap on the be­ this bill as I indicated in my earlier re­ versus Wade decision recognized that a hind, you started to cry. marks, a magnificent majority, a born child-a born child-is a person Every one of us came down that birth supermajority, a two-thirds superma­ entitled to the equal protection of the canal the same way-little bit dif­ jority came together-liberals, con­ laws under our Constitution. ferently sometimes but we came down servatives, Democrats, Republicans, Now we are starting to talk a little the birth canal. We slept, we woke, we pro-choice, pro-life-many voted for bit differently. Now we have a problem felt pain, we were happy, we were sad, this bill. SUSAN MOLINARI to PATRICK with the semantics. What is a par­ our quarters were close, but we always KENNEDY to DICK ARMEY and NEWT tially-born child? Feet out? Nothing heard our mother's voice. Our mother's GINGRICH. else? Feet-knees? Feet-knees-behind? voice was always there to soothe us. We can do the same here in the Sen­ Torso? All the way to the neck? What As I close, I am reminded of a great ate, Mr. President. We can look at this is a partially born child? What is it? maxim. Do unto others as you -would 31548 CONGRESSIONAL RECORD-SENATE November 7, 1995 have them do unto you. Do unto others do not have anyone in the U.S. Senate I am going to give you a few cases. as you would have them do unto you. who truly can understand the ramifica­ Viki Wilson, a registered nurse, a prac­ You and I deserved to be protected by tions of criminalizing what has been a ticing Catholic, and her husband Bill, a law from a partial-birth abortion when life-saving procedure. So I think the physician, they were the parents of two you and I lived in our mother's womb. course of sending this bill to Judiciary children and planning for a third. In There are two reasons why we are is the proper course. the 8th month of pregnancy, an here today. Either/or: one, because our I will cover a lot of ground. My col­ ultrasound showed the baby's brain was mothers chose life and had no concern league took almost a couple of hours. I growing outside of the baby's skull. about aborting us; second, because do not think I will take as much time, The brain was twice the size of her ac­ there was no abortionist there to end but my presentations are usually quite tual head and lodged in Viki's pelvis, our lives. We had value. We had worth. brief. This will not be as brief because causing pressure on what little brain We had rights. We became U.S. Sen­ I think we have heard my colleague the baby had. ators. And those little babies have the without possibility to, if you will, cor­ This was a wanted baby. They picked same rights that we have under the rect the RECORD or insert differing out a name for the baby. If Viki had Constitution. opinions. We have not had that chance. carried the baby to term, Viki's cervix As the Old Testament tells us, Al­ I would like to take this time to cover could not have expelled the baby. mighty God knew us even then, and He a good deal of ground. Viki's cervix would likely have torn or loved us. Our fellow human beings, I think it is important to debate this ruptured, causing massive hemorrhage these youngest of Americans, deserve bill, every word of this bill, the rami­ and infection. no less. fications of this bill, the justifications I do not have a chart that shows My colleagues, I implore you for the for this bill and the tragedy that is ad­ what it looks like when there is a mas­ sake of God, for the sake of life, for the dressed by this bill. But the one thing sive hemorrhage. I do not have a chart sake of innocent children, pass this I hope I do not have to be lectured to show you what it looks like when bill. about is the joys of childbirth. Unlike the cervix is torn and ruptured. I do Thank you, Mr. President. I yield the my colleague from New Hampshire, I not have a chart that shows you what floor. have had it. I have had it. I have had your wife would look like if she had to Mrs. BOXER addressed the Chair. the joy of childbirth. I have had the joy go through this circumstance, or your The PRESIDING OFFICER. The Sen­ of bringing two of the most wonderful daughter. I do not have a chart that ator from California. people into this world, and now I have shows what the baby's skull would Mrs. BOXER. Mr. President, first I the joy of grandparenting. So I really have looked like as it was crushed by thank my colleague from New Hamp­ do not need to be lectured about the passage through the birth canal. I do shire for agreeing to begin this debate joys of the travel down the birth canal not have a chart that shows that. But at a little later hour than originally because I have experienced it in my we do know this. If the baby had sur­ scheduled. Many of us, who are on both own body. vived somehow, at most she would have sides of this debate, went to the Middle I had two premature babies who were lived a few short agonizing moments East with the President and a biparti­ not safe in my womb. They were not gasping for air. Most likely she would san delegation, and we literally have safe in my womb toward the end of the have suffocated the moment the umbil­ not had any rest for many hours. So, it pregnancy, and they had to struggle for ical cord was cut, unable to breathe really gave us a chance this morning to their lives, and we won that struggle. through her mouth. get that first bit of rest. This is a dif­ They were difficult births, and very un­ I do not have a chart. Viki Wilson is predictable as to what would happen. a practicing Catholic. If you want to ficult debate and I think we all needed Now I am a grandmother, and we had to have that rest. I thank my colleague meet her, you can meet her. If you complications in that one. This baby is want to talk to her, you can talk to from New Hampshire and I thank the our joy-my joy, his other grand­ majority leader and minority leader her. She came forward in her grief be­ mother's joy, his grandpa's joy, his un­ cause she could not stand to see what for agreeing to bring this up at 2 cle's and aunt's. So I know about the o'clock rather than 11 a.m. was happening here. She said, "My joy of children very personally, the joy daughter's death was with dignity in­ I stand here in favor of committing of grandparen ting. H.R. 1833 to the Judiciary Committee stead of subjecting her to a process But do talk to me about the bill. Do that would have taken away all her for at least one hearing on this bill, talk to me about, for the first time dignity.'' and to report back with any amend­ that we can find in history, why we at I have other stories. I am going to ments, if they so deem, within a 45-day the national level should outlaw a par­ share them with my colleagues. But let period. ticular procedure that is sometimes me tell you of a little child who There are many reasons that I be­ the only way to save a woman's life or thought his mother was going through lieve are quite rational for doing this, to avoid the most serious, long-lasting that. He would say, ''Save my mother which I will get into in the course of consequences to her health. Talk to me and do not allow my sister to go the debate. But I want to say the mo­ about that. Talk to me about that. through this agonizing procedure." tion that will be made to send this bill Do not tell me that you speak for all The Senator from New Hampshire to committee will be a Republican mo­ the little children who cannot speak said, "Do not listen to what opponents tion offered by Senator SPECTER and for themselves when you talk about say. They will distort this bill." supported by six other Republicans. this bill, because I want to talk to you I have a copy of the bill. I have read This is a bipartisan issue. This is the about little children. Let us take a lit­ this bill over and over again. In every first time, in my knowledge, that a tle child that is happy and alive, living case when we have voted to restrict a particular procedure has been in a wonderful family environment, woman's right to choose, there have criminalized. And I agree with my col­ and his mom gets pregnant and every­ been exceptions in· the bill for the life league from New Hampshire when he thing is wonderful and everything is of the mother, at least in every single says-and he has said it many times­ joyful and they have a name picked out case. Not here, not here. Oh, yes. When the Senate is the greatest deliberative for the baby-if it a girl or a boy-and the doctor is thrown in jail, he can say body. Therefore, let us make sure be­ they think everything is right, and in his defense, "I had to do it." That is fore we do this for the first time in his­ suddenly they learn that it is not right. not the same as making exceptions to tory that we have held a hearing that I would tell you if that little child the life and the health of the mother. brings all sides to the table where could talk-let us say he is just 2 or 3-­ My colleague said, Look at the num­ there can be a discussion with medical he would say, "Don't let my mommy bers of votes in the House. Well, the experts. die." So don't tell me you are talking far-right forces in the House will not We have one physician in the U.S. for all children. We cannot speak for allow a vote on a moderating amend­ Senate. He was never an OB/GYN. We all children. ment for the life of the mother, for the November 7, 1995 CONGRESSIONAL RECORD-SENATE 31549 health of the mother. They will not cratic oath are brutal, and that is their ecution for trying to save a woman's allow a vote on any of this. So there goal in life-is to be brutal. And they life. They should look at that. was no choice for people. wake up every day saying, "I am going What kind of chilling effect would it I am so pleased that in the Senate we to wait until the end of my pregnancy, have on a physician? Oh, sure, there is have the ability to get a vote, to stop and I am not going to have it, and I am an affirmative defense. That is like the extremism, to stop the danger. We going to be brutal." If you listen to saying, "I will arrest you if you dis­ have a chance to do that. No. The this, calling doctors abortionists­ agree with me, but once you are in House did not allow an amendment. abortion is a legal procedure in this court you can have your chance to ex­ That is why you had the vote that you country. They are not without laws. plain why you disagree with me." It is had. I know because I did speak to They try to change it on the floor of an affirmative defense. You put it in some of the people over there. They the Senate all the time. They do not the bill. You have a right to go to said, "Barbara, we did not have a have the votes to do that. Do not call court and affirmatively say, "Save the chance to vote on any moderating lan­ a doctor an abortionist. And do not try life of a mother." Let us look at what guage we wanted so desperately. We to be a doctor. You cannot be a doctor. that means: Doctors threatened with tried to, and the Rules Committee shut You are not a doctor. You do not know criminal prosecution for trying to save us down.'' the truth. the life of a woman. Let us look at So we know what this is about. It is We need a hearing in the Judiciary that. about politics. It is about politics be­ Committee. We have people on both Let us look at the fact that there are cause if it was about substance they sides of this issue on the Judiciary medical problems that compel women would have allowed a vote. Committee. And, therefore, it will have to seek late-term abortions that range I have to say that I am not a doctor­ a hearing in the Judiciary Committee, from the extremely serious to the po­ and I am not God-and there are none and both sides will be brought out. And tentially fatal, including severe heart in the Senate, except for one doctor they will have panels on one side and disease, kidney failure, and cancer in who is not an OB-GYN, nor is anyone another. need of immediate treatment. Let us else. And no one is God. And when the word "elective" is have those women who have had this And people invoke the name of God. used, let us straighten that out right tragedy befall them and their husbands And I am glad that they do that be­ cause they feel it deeply, and I feel it here and now. Elective means anything and their families and their children, deeply. And if one believes in God, one but for the life. It can be the health. It who some here said they speak for, believes that God has made sure that can be the most severe health con­ come forward and say how they felt there are medical procedures in place sequence which is given the term when they heard unless their mother to help save lives. "elective." could go through an emergency medi­ There were so many misstatements Let me talk about the organizations cal procedure, they would lose that made on this Senate floor regarding that are cited. The AMA my colleague mother forever. Let us hear from those this issue, and I am not going to take from New Hampshire cited. The council people. The greatest deliberative body them on here because I am not a doc­ he talked about-12 or 13 people are on in the world, my colleague from New tor. But I know about giving birth, and the council-voted to endorse the bill. Hampshire says---and I agree-let us when babies are born, except in rare There was not one OB-GYN on the deliberate. cases, the head comes first. The way council. The only testimony heard in The procedure that this bill would this is described is it is described as if the AMA was of the staff of the person outlaw is often considered considerably the woman is having a baby, and sud­ who wrote the bill, and the AMA Board safer than other alternatives. Let us denly people say, "We do not want this of Trustees unanimously rejected the look at that from a doctor's perspec­ baby." The mother is given anesthetic, recommendation of the committee. tive. I think it is inappropriate that large doses of it-this is a serious, com­ And they did not take it. So let us get the Senate vote on this bill without plicated situation-large doses that go that straight. fully exploring these questions and right to the fetus. The AMA does not support this bill. others. That is just one example of the There are some organizations that op­ I also have to address another issue, misstatement here. That is why we pose it-that oppose it: the American the issue of late-term abortion. The au­ need hearings on this---to find out the Medical Women's Association, the Cali­ thor of this bill-and there is a similar facts. fornia Medical Association, which is bill in the Senate-now the proponent Even the name of this, "partial-birth the largest State organization in the of this House bill, in many ways by im­ abortion"-there is no such terminol­ country, the American College of Ob­ plication says that horrific things are ogy. That is not a medical term. And, stetricians and Gynecologists. They op­ going on in the country; let us stop it yet, it is outlawing "partial-birth abor­ pose this legislation. now; it is immediate; it is a crisis; does tion" when there is no such medical Now, we believe, those of us who be­ not tell you that under Roe versus term. It is a term being used for politi­ lieve we should commit this to the Ju­ Wade, which is the law of the land, the cal reasons, in my view. There is not a diciary Committee for a report back in landmark decision in 1973, which has birth here. This is a late-term abor­ 45 days on the bill, that before Sen­ not been overturned by this Court, tion, and it is tragic. It is tragic. And ators are asked to cast a vote on a which has not been overturned by this that is what we are talking about. measure that would criminalize a legal Congress, says that in the late term of There is talk here on the floor by medical procedure, which is used under a pregnancy the States have the full men who never had the experience rare and tragic circumstances, the Ju­ and absolute right to make the rules about what it is like for the baby to diciary Committee should have an op­ governing these abortions. Now we flow in the water, as it was said. That portunity to review it. have for colleagues to see the rules and is the ambiotic fluid. Sometimes some­ I have raised some of the questions regulations in every single State, and I thing happens in a woman, and the here today, and I am going to raise urge my colleagues to look at that. baby is not safe in the womb. And the them again. This is what I think the What you will see is that in all ambiotic fluid is not there. We hope ev­ committee ought to look at, whatever States of the Union there are controls. erything goes just right. We want ev­ your view on this issue. They ought to In many States of the Union, there are erything to be just right. When we get look at the fact that there is no such stringent controls which require not to that stage of our pregnancy-I never term as partial-birth abortion, in any only the attending physician but other got to those stages; I had two preemie medical text, and that it was invented physicians to sign on, and this is not babies. By then we were so excited by the authors. And let us get down to considered likely in the States. about this event. what we are talking about here. They What really interests me is that the And to make it sound like women are should also look at the fact that a doc­ party that controls this Congress---and, brutal, that doctors who take a Hippo- tor is threatened with criminal pros- in particular, the people offering this 31550 CONGRESSIONAL RECORD-SENATE November 7, 1995 legislation-always are on this floor [From the Los Angeles Times, Nov. 3, 1995] through the birth canal, leaving only its saying let the States decide. They are A GRUESOME PIECE OF LEGISLATION head inside. Surgical scissors pierce the skull, and the brain is suctioned out, the closer to the problem. They are closer THE HOUSE-SHOWN BLOODY PHOTOS-VOTES TO skull collapses, and the fetus is taken out. to the people. Let them decide. And yet OUTLAW A FORM OF ABORTION It is hideous. It may also be the best proce­ they would overstep all the States, There is no question that the " partial­ dure under certain circumstances. The New outlaw a specific procedure which we birth abortion" procedure that the House York Times reported that Colorado physi­ believe is the first time in the history voted Wednesday to outlaw is gruesome. No cian Warren Hern, author of the standard of the country it has ever been done, woman undergoes this late-in pregnancy pro­ textbook on abortion practice, said: " The cedure without great psychological and medical community has not determined the and trample on all the States that have physical pain. Few physicians perform it, very best way to do late-term abortions, very serious regulations on this. And and those who do may experience deeply con­ which are uncommon anyway. This method we will go into what some of those reg­ flicting emotions. is a minor variation on what I've done for 20 ulations are. The procedure is done typically only to years and could be absolutely necessary avert an outcome as gruesome as the oper­ under some medical circumstances. But I ask unanimous consent to place in ation itself-the death of the woman-or to what's important is that the decision be left the RECORD a number of editorials. remove a severely deformed fetus that would to the doctor." There being no objection, the articles not survive after birth. Certainly, it should not be left to Congress, were ordered to be printed in the One measure of the pain and conflict sur­ with medical issues so complex and personal rounding the partial-birth abortion is its ex­ issues so wrenching, when a mother's health RECORD, as follows: treme rarity. It accounts for only about 200 is in danger or the fetus is severely damaged. OUTLAWING AN ABORTION METHOD of the 1.5 million abortions done annually in Of course, when the mother is well and the this country. fetus is potentially viable but merely un­ The House of Representatives succumbed The nature of the procedure should have wanted, a late-term abortion is unacceptable to emotional blackmail this week when it been beside the point; many medical proce­ by any method. approved a bill that would ban a specific dures are bloody and hard to witness. Never­ "Yet this Congress is determined to inter­ abortion procedure and impose criminal pen­ theless, supporters of the bill displayed pho­ fere unthinkingly in any way it can, regard­ al ties on doctors who use it. The House ac­ tographs of partial-birth abortions in the less of circumstances. This is the first time tion would undermine a woman's constitu­ House chamber to manipulate the emotions since Roe vs. Wade that it has acted to ban tionally protected right to choose to termi­ of Congress members. a specific abortion method, but numerous nate a pregnancy and a doctor's right to de­ In banning this form of abortion, the other efforts to stop abortion are under way, termine what is best for his patient. The House has set a precedent with dangerous such as keeping funding from international Senate would be wise to exercise more re­ ramifications. groups involved in abortion overseas. The straint. Wednesday's vote is the first time a house Supreme Court's landmark 1973 decision said of Congress has asserted federal authority to states could not limit the right to abortion The procedure to be banned, known as in­ in the first trimester of pregnancy, but could tact dilation and evacuation, is used only in ban a specific, established medical proce­ dure. As such, the action represents an im­ regulate it in the second trimester to protect late-term abortions, after 20 weeks of gesta­ a woman's health, and could limit or pro­ tion. and even then its use appears modest. portant legal and political step for anti-abor­ tion forces. hibit it in the third trimester when the fetus About 13,000 of the nation's 1.5 million abor­ Under the House bill, doctors who perform is potentially viable. Today, 41 states, in­ tions each year take place after 20 weeks, this abortion could face up to two years in cluding Iowa, have laws prohibiting late usually because of special circumstances, prison or monetary fines or both. A doctor abortions under most circumstances. such as a threat to the mother's health or se­ must prove that no other procedure would The House vote Wednesday to ban one vere fetal abnormalities. have sufficed. In effect, Congress is telling method of late-term abortion, and a similar While there are no reliable statistics, most physicians that the government will now su­ bill introduced in the Senate, mark the de­ late-term abortions involve a procedure that persede the medical judgment of a woman's termination of politicians to pander to anti­ breaks the fetus apart before it is suctioned physician. abortion forces. Will Congress members, few of whom are out of the uterus. But some doctors, those [From USA Today, Nov. 3, 1995] who would be affected by the House bill, use physicians, now outlaw other lifesaving pro­ a procedure that involves partially extract­ cedures because they are difficult to watch? ATTACK ON RARE ABORTION PROCEDURE ing the fetus into the birth canal and col­ Will this Congress, despite its promise to re­ INVITES MISERY lapsing the skull in order to let it be ex­ duce the intrusion of government into pri­ OUR VIEW: THESE CASES ARE TRAGIC, THESE tracted. Anti-abortion groups call this a vate life, increasingly assert its authority at CASES ARE PERSONAL, LEGISLATION IS A " partial birth" abortion. They circulated the medical bedside? CLUMSY AND PAINFUL RESPONSE graphic drawings in their inflammatory The Senate should stop this perilous slide Abortion is a wrenching decision under any campaign to impose a ban. when the legislation comes its way. And the circumstance. In the later stages of a preg­ President should be prepared to veto. nancy, it's a nightmare. The House majority allowed its distaste for So it doubly painful to find the House of the particular procedure to start it down a [From the Des Moines Register] Representatives voting to make the night­ course that could undermine the constitu­ MEAN AND MEANINGLESS mare worse. It did so Wednesday, voting to tional right to abortion as outlined in Roe v. outlaw a last-report procedure to terminate Wade. Roe recognized a woman's right to end PHYSICIANS, NOT MEMBERS OF CONGRESS, some late-term pregnancies. a pregnancy, in consultation with her doc­ SHOULD DECIDE ON ABORTION METHODS The procedure is one that would make any­ tor, during the first trimester. I also recog­ The House vote Wednesday to ban one one cringe. The fetus dies from an overdoes nized the state's interest in imposing some method of late-term abortion and send doc­ of anesthesia given to its mother. Some­ restrictions on abortions as a pregnancy pro­ tors who perform it to prison is mean and times, its skull is then drained so the fetus gresses through the second and third tri­ meaningless. can be aborted intact without risk to the mesters. But it did not try to dictate the It is mean because late-term abortions mother (not to cause death as critics of the methods that could be used. often are done to preserve the heal th of the procedure often claim). The House bill would erode the judgment mother or because the fetus is terribly de­ It's a process undertaken in desperate cir­ in Roe and subsequent cases that while abor­ formed and not expected to live. About 13,000 cumstances. Just ask Viki Wilson, a 39-year­ tion's after fetal viability can be forbidden, of 1.5 million abortions performed in the old registered nurse, doctor's wife, and moth­ exceptions must be allowed to preserve the United States are at 20 weeks or later. The er of two in Frenso, Calif. She was eagerly mother's life or health. True, the bill would bill puts an absurd burden on the doctor awaiting the birth of her baby when the bad being prosecuted to prove that this particu­ allow a doctor, if criminally charged, to news arrived. Just four weeks before her de­ lar method was necessary to save the life of argue that the procedure was needed to save livery date, she learned what previous tests the woman and that " no other procedure had failed to detect: two-thirds of her unborn the life of the mother and that no other pro­ would suffice for that purpose." cedure would suffice. But that leaves scant daughter's brain was in a sac outside the It is meaningless because the legislation skull. The fetus was suffering seizures and room for a doctor to exercise sound medical does not address alternative ways of termi­ judgment as to the safest procedure in a par­ Viki Wilson's life was in danger. The baby na ting a pregnancy at late stages, among was doomed to die outside the womb no mat­ ticular abortion. them Caesarean section and induced labor. ter what was done. The House bill is harsh and intrusive. The The method the House would criminalize is After consulting with specialists, the Wil­ Senat e should have more respect for women, intact dilat ion and evacuation. The doctor sons opted for " intact dilation and evacu­ and responsible doctors and for Roe. pulls the fetus from the womb feet first, ation," the procedure banned by the House. November 7, 1995 CONGRESSIONAL RECORD-SENATE 31551 The anesthesia was administered and a nee­ The Senate should stop this perilous slide. So this woman puts it into perspec­ dle used to draw fluid from the baby's en­ When the legislation comes its way, the tive. She wants me to put her name larged head so it could pass through the President should be prepared to veto it. out. I do not know this woman. Doro­ birth canal without damaging her mother. And the President has clearly stated "This wasn't about choice, this was about thy Fox, from Santa Barbara, thank medical necessity," Wilson says. that abortion should be legal and rare, you for calling my office. "Please, Sen­ That's the case for most late-term abor­ and his standard is life and health of ator BOXER, tell these people that the tions. A mother's pregnancy is complicated the mother. This bill makes no such women they are talking about are by health problems such as cancer or heart exception. someone's baby. My daughter had this disease, so that continuing the pregnancy Then the New York Times says: procedure, and I would have done any­ endangers her life. Or an unborn baby is The House bill is harsh and intrusive. The thing to save my baby, my 36-year-old found to have unthinkable deformities. Senate should have more respect for women If the Senate agrees with the House, other · daughter who had to endure this hor­ families won't get the option available to the and for doctors and for Roe- rible procedure to save her life and her Wilsons. Or other choices. The House lan­ Meaning Roe versus Wade, reproductive health so that she could guage is so vague it can be read as outlawing the Supreme Court decision that gives the have healthy children in the future. all late-term abortions. It bans " partial­ right to the States in the last trimester to Please tell them"-meaning the sup­ birth abortions," a term not found in medi­ set the rules and the standards. porters of this bill-"that the fetus cal dictionaries. Doctors, facing jail terms, USA Today: "Attack on rare abor­ may refuse to perform any late-term preg­ isn't the only baby involved. Those nancy terminations. tion procedure invites misery." women were once somebody's baby." And that is the real story of this legisla­ They say: I want to talk about the nurse that tion. Its backers say it is a wedge to chal­ These cases are tragic. These cases are per­ the Senator from New Hampshire lenge abortion rights broadly. sonal. Legislation is a clumsy and painful re­ points out, her emotional testimony The idea of aborting a healthy, late-term sponse. about being in the room and seeing this fetus for mere convenience is reprehensible And then the Baltimore Sun, and I to all sides. And rare is the doctor who would procedure. And she is here to take participate in such an abortion. Only a hand­ see my colleague from Maryland is questions, and that is good. I am glad ful will even perform late-term abortions for here, I think gets right to the heart of she is here, because I have a lot of peo­ the more compelling reasons. it: ple here, too, whose stories you are The legislation just isn't needed. And the When a late-term abortion is necessary, going to hear. broader assault will do nothing to alter the usually to protect the health or life of the Here is a letter from the Women's national division on abortion. mother, a physician should not have to base MedPlus Center in Cincinnati, OH, After 20-plus years of debate, there's no his decision on how to proceed on the poli­ sign of national consensus to ban abortion. tics of the issue. where this nurse worked. And absent such social agreement, the I want to point out that the nurse choice must be a personal one. So under the House bill, we are not worked at the clinic for 3 days; she Abortion's dilemmas are indeed painful. only putting physicians in peril for worked at the clinic for 3 days. This is But they are best resolved by appeals to doing what they think is right, accord­ the woman who now comes here as an hearts and minds, not dictates of law like ing to their medical training and their this one. expert on this procedure. So you should experience, to save a woman's life, we ask her about that experience. Mrs. BOXER. I thank the Chair. One are putting them in peril, putting them The letter we have here is from is from the Los Angeles Times. It says in jail but we are bringing politics into Cristy Galvin, RN, and here is what she in part: the operating room as well, because says: In banning this form of an abortion, the make no mistake about it, this is House has set a precedent with dangerous about the agenda of the far right in I am a registered nurse and have worked ramifications. Wednesday's vote is the first since July 1993 in the Dayton office of Dr. this country, who put together a con­ Martin Haskell. In this capacity, I was the time a House of Congress has asserted Fed­ tract. They want to do away with the eral authority to ban a specific established nurse that supervised the training of Brenda medical procedure. Under the House bill, woman's right to choose, and even Pratt during her brief temporary employ­ doctors who perform this abortion could face though late-term abortions are regu­ ment at the Women's Medical Center of Day­ up to 2 years in prison or monetary fines, or lated by the States, this is high on ton. both. A doctor must prove that no other pro­ their agenda. As you know, we initially conducted a cedure would have sufficed. In effect, Con­ I know the phones are ringing off the search of our employment records under the gress is telling physicians that the Govern­ name "Brenda Shafer," as this was the name hook. That is OK, that is fine, because she signed to the letter which was given to ment will now supersede the medical judg­ they are ringing off the hook on both ment of a woman's physician. us. sides. Then we see the Des Moines Reg­ When provided with the correct last name, "Government will supersede the med­ ister, and they talk about this legisla­ we did, in fact, find the record of her 3-day ical judgment of a woman's physician." tion as mean and meaningless. They employment at our Dayton facility. Wonderful, just what we were elected say: The information provided by Ms. Pratt as to do, decide what medical procedures Physicians, not Members of Congress, to our practices at the Women's Medical should be used under what cir­ should decide on abortion methods. Center at Dayton is largely inaccurate. cumstances. We have never done that First, she describes Dr. Haskell performing Look, what procedure are we going to one 25-week and one 26-week abortion. Dr. in history as far as I can tell. And this get into next? What are we going to is a procedure that is used in most Haskell does not perform abortions past 24 ban next? What are we going to outlaw weeks of pregnancy. This is a self-imposed tragic, rare circumstances involving a next? I mean, the sky's the limit if we limit to which he has scrupulously adhered woman's very life, and we are going to go down this slippery slope, and that is to throughout the time I have worked for decide, without a hearing, unless we why having a hearing is so important. him. support the Specter amendment for a I got a call today, they just sent it So let us not be fast and loose with a hearing-and I hope we do-this should over to me: "Please, Senator BOXER, doctor's lifetime commitment to be banned. health. I think this editorial raises another tell these people that the women they interesting point. are talking about are someone's baby." Second, Dr. Haskell does not use the And they talk about babies. The ultrasound in the performance of second-tri­ Will Congress Members, few of whom are woman who is in peril was somebody's mester procedures. We use ultrasound only physicians, now outlaw other lifesaving pro­ to determine the pregnancy's gestation. cedures because they are difficult to watch? baby and now she is somebody's daugh­ ter and somebody's granddaughter. Let Therefore, her entire description of her expe­ Will this Congress, despite its promise to re­ rience when viewing the second-trimester duce the intrusion of Government into pri­ us talk about that baby, because, yes, abortion, which includes Dr. Haskell's using vate life, increasingly assert its authority at my baby may be 27 years old and have the ultrasound while doing the procedure, is the medical bedside? her own baby, but she is still my baby, clearly questionable. What is next, I ask? Then the edi­ and she will be my baby until the day Finally, at no point during a D&E is there torial concludes. that I am not here. any fetal movement or response that would 31552 CONGRESSIONAL RECORD-SENATE November 7, 1995 indicate awareness, pain or struggle. Ms. the horrible consequences of what 33, she was told there was no need for Pratt absolutely could not have witnessed could happen to her if she carried the an amniocentesis. But, for some rea­ fetal movement as she describes. We do not fetus to term. son, she began to get anxious, and her train temporary nurses in second-trimester dilation and extraction since it is a highly I want you to hear about Coreen doctor sent her to an ultrasound spe­ technical procedure and would not be per­ Costello. Coreen was 7 months preg­ cialist to ease her mind. Three days formed by someone in a temporary capacity. nant with her third child when she dis­ and four doctors later, Claudia and her If, indeed, Ms. Pratt entered the room at any covered through ultrasound there was husband Richard were informed their point during a D&E procedure, she clearly ei­ something seriously wrong with her baby was plagued with severe anoma­ ther is misrepresenting what she saw or re­ baby. The baby, named Katherine lies, including brain damage, heart members it incorrectly. Grace, had a severe neurological dis­ complications, extra digits, and more. I ask unanimous consent to have this order. The movements Coreen had been The abnormality is known as trisomy- letter printed in the RECORD. feeling were not the healthy kicking of 13. There being no objection, the letter a baby. They were nothing more than Claudia and Richard were told their was ordered to be printed in the bubbles and amniotic fluid which baby would likely not survive the preg­ RECORD, as follows: puddled in Coreen's uterus rather than nancy, and would have little or no THE WOMEN' S MEDICAL CENTER, flowing through the baby. chance of living through the first year. Dayton, July 17, 1995. The baby had not been able to move They were devastated. They were dev­ DEAR CONGRESSWOMAN SCHROEDER: I am a for months. Not move her eyelids, not astated. I do not have a chart to show registered nurse and have worked since July, 1993, in the Dayton office of Dr. Martin Has­ move her tongue, nothing. The baby's you that they were devastated. They kell. In this capacity, I was the nurse that chest cavity was unable to rise and fall wanted this pregnancy, and they were supervised the training of Brenda Pratt dur­ to stretch her 1ungs to prepare them faced with the most agonizing of deci­ ing her brief temporary employment at the for air. Her lungs and chest were left sions. Women's Medical Center of Dayton. As you severely underdeveloped, almost to the After Tammy Watts and her husband know, we initially conducted a search of our point of nonexistence. found out she was pregnant in October employment records under the name " Bren­ The doctors told Coreen and her hus­ 1994, they did everything prospective da Shafer," as this was the name she signed band the baby was not going to survive. parents do-they discussed names, to the letter which was given to us. When They considered all the options, but all provided with the correct last name, we did what kind of baby's room they wanted, in fact find the record of her three-day em­ brought severe risks to the mother. If whether it would be a boy or a girl. Ev­ ployment at our Dayton facility. Coreen waited to go into labor natu­ erything looked fine. The information provided by Ms. Pratt as rally, there was concern lier uterus Then in a routine 7-month to our practices at the Women's Medical would rupture. I am not going to go ultrasound, after a few minutes, the Center of Dayton is largely inaccurate. into all the detail of what that looks doctor said, "There is something I did First, she describes Dr. Haskell performing like. I am not going to show a chart. not expect to see." A mass appeared one 25-week and one 26-week abortion proce­ They considered inducing labor, but outside the fetus' stomach. dure. Dr. Haskell does not perform abortions past 24 weeks of pregnancy. This is a self-im­ were told it would be impossible due to Tammy was sent to several special­ posed limit to which he has scrupulously ad­ the transverse position of the baby, ists for more tests to determine if hered throughout the time I have worked for and the fact that the baby's head was something was indeed wrong with the him. so swollen with fluid, while the baby's fetus, or whether the ultrasound ma­ Second, Dr. Haskell does not use body was stiff. chine was wrong. The doctors and the ultrasound in the performance of second-tri­ Coreen and her husband faced a trag­ genetic counselor gave Tammy the mester procedures. We use ultrasound only edy that most people never even have worst possible news-the fetus, which to determine the pregnancy's gestation. to face, thank God. In the end, they was a girl, had no eyes, six fingers, six Therefore, her entire description of her expe­ rience when viewing a second-trimester made a decision to save the mother's toes, and enlarged kidneys which were abortion, which includes Dr. Haskell's using life, to save Coreen's life. She under­ already failing. The mass on the out­ the ultrasound while doing the procedure, is went a late-term abortion, and because side of the stomach involved her bowel clearly questionable. of this procedure, she is alive today and bladder, and her heart and other Finally, at no point during a dilatation caring for her husband and her remain­ major organs were affected. and extraction or intact D&E is there any ing two children. This condition is known as trisomy- fetal movement or response that would indi­ Michele Brydon was 23 weeks preg­ 13, where on the 13th gene there is an cate awareness, pain or struggle. Ms. Pratt absolutely could not have witnessed fetal nant with her third child when she extra chromosome. The trisomy-13 was movement as she describes. We do not train went for a routine ultrasound to ensure causing the slow death of their daugh­ temporary nurses in second-trimester dilata­ that her baby was doing OK. The result ter in utero. If Tammy's baby had died tion and extraction, since it is a highly tech­ of this ultrasound turned Michele's in utero, it would have begun to break­ nical procedure and would not be performed family life upside down. The doctors down, releasing fatal toxins into the by someone in a temporary capacity. If, in­ informed them that the baby-a girl­ woman's bloodstream. deed, Ms. Pratt entered the operating room was suffering from a diaphragmatic Tammy and her family made the at any point during D&X procedure, she hernia. The diaphragm protects and hardest decision of their lives, but one clearly either is misrepresenting what she saw or remembers it incorrectly. separates the heart and lungs from the that saved Tammy's life. These people If you have any further questions, please stomach and intestines. A diaphrag­ are here to talk to you. Listen to them, feel free to contact our office. matic hernia is a hole in the dia­ look in their eyes, and look at how Sincerely, phragm, which leaves the baby's heart they love their families and their chil­ CHRISTIE GALLIVAN, RN. unprotected and pushes abdominal or­ dren. Mrs. BOXER. Mr. President, I need gans, such as her stomach and intes­ Women in their late-term preg­ just about another 10 minutes to finish tines, into the chest. Because of the in­ nancies do not desire, do not antici­ my response, and I know that my col­ trusion of the abdominal organs, there pate, want, or even think about abor­ leagues here will participate. was no lung growth. Michell°e sought tion. Women in the late term of their We are talking about pain and suffer­ answers from specialists and a pedi­ pregnancies are anticipating the joy of ing. We are talking about tragedy, and atric surgeon, who might try to fix the child birth, the fulfillment of mother­ I am going to read a couple of other hernia. She was told the baby would hood and family. stories of women who have had to face not live; the baby was not compatible Doctors know late-term abortions this. If you notice on the chart, when with life. She chose, in this particular are dangerous and difficult. They are the chart is shown, there is no face of case, to have this procedure. emergency medical procedures done in a woman shown. There is no face of a In October 1992, Claudia Crown Ades the most tragic and painful cir­ woman shown. There is no talk of the was 6 months pregnant with her first cumstances. Yet, this bill would outlaw woman and the peril to her heal th and child. Everything was perfect. At age an emergency medical procedure. It November 7, 1995 CONGRESSIONAL RECORD-SENATE 31553 will put a doctor in jail because he tify that an abortion is necessary to preserve life or health. Tit. 22, § 1598 (West 1992 & tried to save a woman's life. It is going the woman's life or health. §16--12- Hl(c) Supp. 1993). to happen without a hearing in the Ju­ (Michie 1992). This provision is unconstitu­ MARYLAND tional as applied to pre-viability abortions. Abortion may be prohibited after viability diciary Committee, unless the Repub­ A state may not prohibit abortion prior to lican motion to commit, which will be unless necessary to preserve the woman's life viability, a point that varies with each preg­ or health or unless the fetus is affected by offered by Senator SPECTER, passes. We nancy and may not be declared to occur at a were not elected to be doctors, and we genetic defect or serious deformity or abnor­ particular gestational age. Colautti v. Frank­ mality. Health-Gen. §20-209 (Supp. 1993). were not elected to be God. And the lin, 439 U.S. 379, 388--89 (1979). MASSACHUSETTS States control late-term abortions. We IDAHO have the list. No abortion may be performed after viabil­ No abortion may be performed after the I ask unanimous consent to have ity unless necessary to preserve the woman's 24th week of pregnancy unless necessary to printed in the RECORD this list of the life or unless the fetus, if born, would be un­ preserve the woman's life or to prevent a able to survive. §§ 18-608(3), 18--604(6) (1987). substantial risk of grave impairment to her States with the postviability restric­ physical or mental heal th. Ch. 112, § 12M tions. Every single State has restric­ This law unconstitutionally prohibits post­ viability abortions in cases in which an abor­ (West 1983). This provision is unconstitu­ tions. tional as applied to pre-viability abortions. There being no objection, the mate­ tion is necessary to preserve the woman's health. See Roe v. Wade, 410 U.S. 113, 165 A state may not prohibit abortion prior to rial was ordered to be printed in the (1973). viability, a point that varies with each preg­ RECORD, as follows: nancy and may not be declared to occur at a ILLINOIS ST ATES WITH POST-VIABILITY RESTRICTIONS particular gestational age. Colautti v. Frank­ No abortion may be performed after viabil­ lin, ALABAMA 439 U.S. 379, 388--89 (1979). This law also ity unless necessary to preserve the woman's unconstitutionally prohibits some post-via­ No abortion may be performed after viabil­ life or health. A second physician must be in bility abortions that are necessary to pre­ ity at an abortion or reproductive health attendance at a post-viability abortion to serve the woman's health. See Roe v. Wade , center unless immediately necessary to pre­ provide medical attention to the fetus. Ch. 410 U.S. 113, 165 (1973) . serve the woman's life or physical heal th. 720, act 510 §§ 5,6 (Michie 1993). MICHIGAN Admin. Code r. 420-5-1- .03(2)(c) (Supp. 1990). INDIANA ARIZONA Any person who intentionally causes an No abortion may be performed after viabil­ abortion that is not necessary to preserve No abortion may be performed after viabil­ ity unless necessary to prevent a substantial ity unless necessary to preserve the woman's the woman's life is guilty of manslaughter if permanent impairment of the life or physical the abortion occurs after quickening. life or health. A second physician must be in health of the woman. A second physician attendance at a post-viability abortion to §750.323 (West 1991) (enacted 1931). A court must be in attendance at a post-viability has ruled that this law is not unconstitu­ provide medical attention to the fetus. § 36-- abortion to provide medical attention to the 2301.01 (1993). tional as applied to viable fetuses. Larkin v. fetus. §§ 16--34-2-1(3), 16--34-2-3(b) (West Supp. Cahalan, 208 N.W.2d 176 (Mich. 1973). This law ARKANSAS 1993). This law unconstitutionally prohibits is unconstitutional as applied to pre-viabil­ No abortion may be performed after viabil­ some post-viability abortions that are nec­ ity abortions. A state may not prohibit abor­ ity unless necessary to preserve the woman's essary to preserve the woman's health. See tions prior to viability, a point that varies life or heal th or the pregnancy is the result Roe v. Wade, 410 U.S. 113, 164-165 (1973). with each pregnancy and may not be de­ of rape or incest perpetrated on a minor. A IOWA clared to occur at a particular gestational second physician must be in attendance at a No abortion may be performed after the age. See Colautti v . Franklin, 439 U.S. 379, 388-- post-viability abortion to provide medical end of the second trimester unless necessary 89 (1979). This law is also unconstitutional as attention to the fetus. §§20-16--705, -707 to preserve the woman's life or health. §707.7 applied to post-viability abortions necessary (Michie 1991). (West 1979). This provision is unconstitu­ to preserve the woman's health. See Rose v. CALIFORNIA tional as applied to pre-viability abortions. Wade , 410 U.S. 113, 165 (1973). No abortion may be performed after the A state may not prohibit abortion prior to MINNESOTA 20th week of pregnancy. Health & Safety viability, a point which varies with each No abortion may be performed after the §25953 (West 1984). The Attorney General has pregnancy and may not be declared to occur second half of the gestation period (20 weeks) issued an opinion stating that this provision at a particular gestational age. Colautti v. unless necessary to preserve the woman's life is unconstitutional as applied to pre-viabil­ Franklin, 439 U.S. 379, 388--89 (1979). or health. A second physician must be imme­ ity abortions and abortions necessary to pre­ KANSAS diately accessible at a post-viability abor­ serve the woman's life or health. 65 Op. Att'y No abortion may be performed after viabil­ tion to take all reasonable measures to pre­ Gen. 261 (1982). ity unless the attending physician and an­ serve the life and health of the fetus. CONNECTICUT other, financially independent physician de­ §§ 145.412(sub. 3), 145.411(sub. 2), 145.423(sub. 2) No abortion may be performed after viabil­ termine that an abortion is necessary to pre­ (West 1989). A court has ruled that the provi­ ity unless necessary to preserve the woman's serve the woman's life or the fetus is affected sion restricting abortion after 20 weeks is life or health. § 19a-602(b) (West Supp. 1993). by a severe or life-threatening deformity or uncons ti tu tional. DELAWARE abnormality. § 65-6703 (1992 & Supp. 1993). The MISSOURI Attorney General has issued an opinion stat­ No abortion may be performed after the No abortion may be performed after viabil­ 20th week of gestation unless continuation of ing that abortion cannot be prohibited at any time when a woman's health is at risk, ity unless necessary to preserve the woman's the pregnancy is likely to result in the wom­ life or health. A second physician must be in an's death. Tit. 24, §1790 (1987 & Supp. 1992). and has filed a lawsuit requesting a court order stating that this law is unconstitu­ attendance at a post-viability abortion to The Attorney General has issued an opinion provide medical attention to the fetus. stating that this provision is invalid and in­ tional and enjoining its enforcement. Op. Stephan § 188.030 (Vernon 1983). consistent with Roe v. Wade , 410 U.S. 113 Att'y Gen. No. 91-130 (Oct. 15, 1991); (1973). v. Finney, No. 93--CV- 912 (Kan. D. Ct. filed MONTANA Aug. 4, 1993). No abortion may be performed after viabil­ FLORIDA KENTUCKY ity unless necessary to preserve the woman's No abortion may be performed in the last life or health. §50-20-109(1)(c) (1993). trimester of pregnancy unless two physicians No abortion may be performed after viabil­ certify in writing that the abortion is nec­ ity unless necessary to preserve the woman's NEBRASKA essary to preserve the woman's life or life or health. §311.780 (Michie/Bobbs-Merrill No abortion may be performed after viabil­ health. §390.001(2) (West 1993). This provision 1990) . ity unless necessary to preserve the woman's is unconstitutional as applied to pre-viabil­ LOUISIANA life or heal th. § 28--329 (1989). ity abortions. A state may not prohibit abor­ No abortion may be performed after viabil­ NEVADA tion prior to viability, a point which varies ity unless necessary to preserve the woman's No abortion may be performed after the with each pregnancy and may not be de­ life or health. A second physician must be in 24th week of pregnancy unless that is a sub­ clared to occur at a particular gestational attendance at a post-viability abortion to stantial risk that continuance of the preg­ age. Colautti v. Franklin, 439 U.S. 379, 388--89 provide medical attention to the fetus. nancy would endanger the woman's life or (1979). § 40:1299.35.4 (West 1992). gravely impair her physical or mental GEORGIA MAINE health. §442.250 (1991 ). This law is unconstitu­ No abortion may be performed after the No abortion may be performed after viabil­ tional as applied to pre-viability abortions. second trimester unless three physicians cer- ity unless necessary to preserve the woman's A state may not prohibit abortions prior to 31554 CONGRESSIONAL RECORD-SENATE November 7, 1995 viability, a point that varies with each preg­ abortion method most likely to result in or if the fetus has a severe and irreversible nancy and may not be declared to occur at a fetal survival, a second physician must be in abnormality. Art. 4495b, §4.0ll(b), (d) (West particular gestational age. See Colautti v. attendance to provide medical attention to Supp. 1994). This law unconstitutionally pro­ Franklin, 439 U.S. 379, 388-89 (1979). This law the fetus, and the abortion must be per­ hibits some post-viability abortions that are is also unconstitutional as applied to some formed in a health care facility with access necessary to preserve the woman's heal th. post-viability abortions necessary to pre­ to neonatal services for premature infants. See Roe v. Wade, 410 U.S. 113, 165 (1973). serve the woman's health. See Roe v. Wade, This law is scheduled to become effective on UTAH 410 U.S. 113, 165 (1973). November 15, 1995. A lawsuit has been filed No abortion may be performed after 20 NEW HAMPSHIRE challenging the constitutionality of these weeks unless necessary to preserve the wom­ No abortion may be performed after quick­ prov1s10ns. Women's Medical Professional an's life, to prevent grave damage to the ening, unless necessary to preserve the wom­ Corp. v. Voinovich, (S.D. Ohio filed Oct. 27, woman's medical health, or to prevent the an's life. § 585:13 (1986). This provision is un­ 1995). birth of a child that would be born with constitutional as applied to pre-viability OKLAHOMA grave defects. § § 76-7-302(3) (1990 & Supp. abortions. A state may not prohibit abortion No abortion may be performed after viabil­ 1993). A court has ruled that this provision is prior to viability, a point that varies with ity unless necessary to preserve the woman's unconstitutional. Jane L. v . Bangerter, 61 F. each pregnancy and which may not be de­ life or health. A second physician must be in 3d 1493 (10th Cir. 1995). clared to occur at a particular gestational attendance at a post-viability abortion to VIRGINIA age. Colautti v. Franklin, 439 U.S. 379, 388-89 provide medical attention to the fetus. Tit. No abortion may be performed subsequent (1979). This law also unconstitutionally pro­ 63, § 1- 732 (West 1984). to the second trimester unless the attendii;ig hibits post-viability abortions that are nec­ PENNSYLVANIA physician and two other physicians certify essary to preserve the woman's health. See that continuation of the pregnancy is likely No abortion may be performed after the to result in the woman's death or substan­ Roe v. Wade, 410 U.S. 113, 165 (1973). 24th week of pregnancy unless the attending NEW YORK tially and irremediably impair the woman's physician and another physician who has ex­ physical or mental health. § 18.2-74 (Michie No abortion may be performed after the amined the woman concur that the proce­ 1988). This provision is unconstitutional as 24th week of pregnancy unless necessary to dure is necessary to preserve the woman's applied to pre-viability abortions. A state preserve the woman's life. When an abortion life or to prevent a substantial and irrevers­ may not prohibit abortion prior to viability, is performe·d after the 20th week of preg­ ible impairment of a major bodily function. a point that varies with each pregn~, ncy and nancy, a second physician must be in attend­ A second physician must be in attendance at may not be declared to occur at a particular ance to provide medical attention to the a post-viability abortion to provide medical gestational age. Colautti v. Franklin, 439 U.S. fetus. Penal Law § 125.05(3) (McKinney 1987); attention to the fetus. Tit. 18, §3211 (Supp. 379, 388-89 (1979). This law also unconsti­ Pub. Health §4164 (McKinney 1985). These 1994). This law is unconstitutional as applied tutionally prohibits some post-viability provisions are unconstitutional to the extent to pre-viability abortions. A state may not abortions that are necessary to preserve the that they prohibit pre-viability abortions. A prohibit abortion prior to viability, a point pregnant woman's health. See Roe v. Wade, state may not prohibit abortion prior to via­ that varies with each pregnancy and may 410 U.S. 113, 165 (1973). bility, a point that varies with each preg­ not be declared to occur at a particular ges­ WASHINGTON nancy and which may not be declared to tational age. Colautti v. Franklin, 439 U.S. 379, occur at a particular gestational age. 388-89 (1979). This law also unconstitution­ No abortion may be performed after viabil­ Colautti v. Franklin, 439 U.S. 379, 388-89 (1979). ally prohibits some post-viability abortions ity unless necessary to protect the woman's This law also unconstitutionally prohibits that are necessary to preserve the woman's life or health. §§9.02.110, 9.02.120 (Supp. 1994). post-viability abortions that are necessary health. See Roe v. Wade, 410 U.S. 113, 165 WISCONSIN to preserve the woman's health. See Roe v. (1973). No abortion may be performed after viabil­ Wade, 410 U.S. 113, 165 (1973). RHODE ISLAND ity unless necessary to preserve the woman's life or health. §940.15 (West Supp. 1993). NORTH CAROLINA No abortion may be performed after viabil­ No abortion may be performed after 20 ity unless necessary to preserve the woman's WYOMING weeks of pregnancy unless there is a sub­ life. § 11-23-5 (1981). This law unconstitution­ No abortion may be performed after viabil­ stantial risk that continuance of the preg­ ally prohibits post-viability abortions that ity unless necessary to protect the woman nancy would threaten the woman's life or are necessary to preserve the woman's from imminent peril that substantially en­ gravely impair her health. § 14-45.l(b) (1986). health. See Roe v. Wade, 410 U.S. 113, 165 dangers her life or health. §35-6-102 (1988). These provisions are unconstitutional as ap­ (1973). This law unconstitutionally prohibits some post-viability abortions that are necessary plied to pre-viability abortions. A state may SOUTH CAROLINA not prohibit abortion prior to viability, a to preserve the woman's health. See Roe v. point that varies with each pregnancy and No abortion may be performed after the Wade, 410 U.S. 113,165 (1973). 24th week unless the attending physician and Mrs. BOXER. So this is about poli­ may not be declared to occur at a particular another independent physician certify that gestational age. Colautti v. Franklin, 439 the abortion is necessary to preserve the tics. I can only conclude that it is U.S.C. 379, 388-89 (1979). This law also uncon­ woman's life or health. §§44-41-20(c), -lO(k), about a zeal to outlaw all abortion. We stitutionally prohibits some post-viability (1) (Law. Co-op. 1985 & Supp. 1990). A court had that. I lived through that. Others abortions that are necessary to preserve a has ruled that this provision is unconstitu­ lived through that. Women died be­ woman's health. See Roe v. Wade, 410 U.S. 113, 165 (1973). tional as applied to pre-viability abortions. cause they could not get access. That Floyd v. Anders, 440 F. Supp. 535 (D.S.C. 1977), is what this is about. NORTH DAKOTA vacated without opinion on other grounds, 440 I can only conclude that it is about a No abortion may be performed after viabil­ U.S. 445 (1979). commitment to the extreme right, who ity unless the attending physician and two SOUTH DAKOTA has made this a litmus test issue. I can other licensed physicians who have examined the woman concur that the procedure is nec­ No abortion may be performed after the only conclude that their commitment essary to preserve the woman's life or con­ 24th week of pregnancy unless necessary to to State rights which, by the way, tinuation of the pregnancy would impose on preserve the woman's life or health. §34-23A- when they repealed nursing home her a substantial risk of grave impairment 5 (1986). This provision is unconstitutional as standards, they said let the States set to her physical or mental health. A second applied to pre-viability abortions. A state may not prohibit abortion prior to viability, those standards. We said, wait a physician must be in attendance at a post-vi­ minute, we need to have Federal nurs­ ability abortion to provide medical attention a point that varies with each pregnancy and may not be declared to occur at a particular ing home standards because our seniors to the fetus. §§ 14-02.1-04, 14-02.1-05 (1991). will go back to the days when they This law unconstitutionally prohibits some gestational age. Colautti v. Franklin, 439 U.S. post-viability abortions that are necessary 379, 388-89 (1979). were scalded in the bathtubs, sexually to preserve the woman's health. See Roe v. TENNESSEE abused, and worse. They said, no, no, Wade, 410 U.S. 113,165 (1973). No abortion may be performed after viabil­ no, we believe in States rights. Well, OHIO ity unless necessary to preserve the woman's here they are overstepping the States. No abortion may be performed after viabil­ life or health. §39-15-201(c)(3) (1991). The States control this in the late ity unless two physicians certify in writing TEXAS term of a pregnancy. that it is necessary to preserve a woman's No abortion may be performed after viabil­ It is their desire to take the most life or to prevent a serious risk or substan­ ity unless necessary to prevent the death or painful and difficult and tragic cir­ tial and irreversible impairment of a major a substantial risk of serious impairment to cumstances and turn them into a polit­ bodily function. The physician must use the the physical or mental health of the woman ical win. Without any hesitation, I can November 7, 1995 CONGRESSIONAL RECORD-SENATE 31555 state that if it passes-and I know the Ms. MIKULSKI. Why do we not stick I have seen it quoted in the paper President will not sign it because he al­ to the tradition of alternating. If I that there are those who argue that ready said he will not because it makes might respond to the Senator from this particular piece of legislation will no exception to preserving the life and California, I think the most important rollback Roe versus Wade. I do not health of the mother-but if something thing in a debate like this is for us to think that is true. In fact, I know it is happened that and President was not maintain civility and the traditions of not true. there and it was another President and the Senate. I will be happy to wait my It is perfectly possible, Mr. Presi­ that President signed the bill, women turn. I thank the Senator for her con­ dent, and intellectually coherent and will die, and they will be our babies cern. intellectually consistent, to endorse that we raised. Those are the babies Mrs. BOXER. I say to my friends, I this legislation and at the same time that will die. really appreciate the spirit with which support the decision in Roe versus What kind of country do we want to we entered this debate. I hope it will be Wade. I do not happen to support Roe be? I say to my friend, we have to look the spirit that we have throughout this versus Wade, but I do believe that by at that. Is this going to be a country debate. It surely is difficult. narrowly focusing on this piece of leg­ which outlaws a medical procedure I think I have made the case for why islation-what it will do, what it will that is used to save a woman's life? Are I think it is important to send this bill prevent-a person would come to the we going to put women to their death? to the committee. I think I have made conclusion that it is not inconsistent What is next, the Government deciding the point that when we talk about ba­ with Roe versus Wade. bies we have to talk about all of the when people should die? Maybe we will This bill, Mr. President, is not a ban withhold life procedures that Senators life involved in this: My daughter and do not think are nice, and they will your daughter, your baby, the fetus in on abortions. It is not even a restric­ have charts and say withhold that pro­ a late term which is so desperately tion on when an abortion may be per­ cedure from your grandmother. Well, wanted by the family, and why this is formed. Let me repeat that. It is not a not on my watch, not on my watch. such a tragic decision for families. restriction on when an abortion may be I want to close by asking every male And why for the first time in history, performed. Senator to picture this: Your 32-year­ for Congress to ban a medical proce­ Restrictions of that kind were actu­ old daughter or your 28-year-old daugh­ dure that sometimes is the only way to ally envisioned by Roe versus Wade. If ter comes home to you-or, more like­ save the woman's life is getting us you carefully read Roe versus Wade, it ly, you get a call from the emergency down a slippery slope, and why it is is clear that was envisioned by the room at the hospital, and the doctor very important to have a closer look at Court. Roe versus Wade did make the says, "I do not know how to tell you this, to be the greatest deliberative distinction between the different tri­ this, but if I am going to save your body in the world. mesters. child's life, your baby's life, I have to I thank my colleagues. I yield the Even though Roe versus Wade al­ act now because she is in danger and in floor. lowed for that kind of restriction, this jeopardy"-! beg my colleagues to put Mr. DEWINE. Let me thank my col­ bill does not restrict the timeframe for themselves in that position and be hon­ league from Maryland for her gracious­ a woman contemplating an abortion. est about this issue because you know ness in regard to alternating back and All this bill does is abolish one particu­ what you would say. You would ask forth on the two sides of the aisle re­ lar procedure. All this bill does is abol­ questions; you would find out if there garding this bill. ish one particular procedure. is any way to save this pregnancy, if I rise today in strong support for the My friend and colleague from New there is any way to save her life or the partial-birth abortion bill. I think ev­ Hampshire has described this procedure baby's. But if it came down to that, eryone knows, in this Chamber at in great detail. It was unpleasant to after you checked and double checked least, that I am pro-life. But the com­ listen. At one point I literally walked and found out that this one emergency ments I make today are not really di­ off the floor. But I compliment him for procedure, and only that, could save rected directly at those in the Chamber having the courage to come to this her life, you would say, "Doctor, with who are pro-life, but at those who floor and to talk about the facts and to the help of God, do what you were would consider themselves to be pro­ lay out before this Senate and before trained to do and save my baby's life." choice. the American people what, exactly, we I think if Senators are really honest, I will address some of the concerns are talking about. they will vote to send this bill to the that might be raised in regard to this bill by people who do consider them­ Stripping away the pleasant rhetoric Judiciary Committee, where it will be that is usually used in describing in in front of the committee that is sharp­ selves pro-choice. As my colleague has so eloquently great detail exactly what this single ly divided on the issue of abortion, procedure and what this bill is about, where doctors can come forward, where pointed out, when the House of Rep­ resentatives took this bill up and ulti­ and what it actually does. I think we nurses can come forward, where women all can agree that this procedure is es­ can come forward, where they can be mately voted on it, there were a num­ ber of people who I am sure still today pecially cruel, unusual and inhumane. questioned, where a nurse who said she Prof. Robert White is the director of saw this can be questioned, where a describe themselves as pro-choice, who voted for this bill: Representative the Division of Neurosurgery and Brain doctor who performs this can be ques­ Research Laboratory at Case Western tioned, so that we can have all the in­ BONIOR, Representative GEPHARDT, Representative SUSAN MOLINARI, Rep­ Reserve University. He testified before formation that we need. the House Judiciary Subcommittee on I ask my colleague from Maryland if resentative PATRICK KENNEDY. So I she would like me to yield to her be­ think it is clear that people who con­ the Constitution. cause I know she has been waiting here sider themselves pro-choice can, in Let me just stop at this point in re­ for hours. fact, vote for this piece of legislation. sponse to my colleague from Califor­ Ms. MIKULSKI. I appreciate that, I think it is important as we debate nia, her comment that this bill should but I also note there is another Sen­ today, Mr. President, that we narrow be sent back, sent back to the Judici­ ator here. I have a very short state­ the focus of the debate to the specific ary Committee of the Senate for hear­ ment. But I know the Senator has been bill in front of us, to the language con­ ings. There were significant hearings waiting for some time, as well. tained in that bill. I believe that, if held in the Judiciary Committee in the Mr. DEWINE. Either way. It does not Members of this Chamber will do that, House of Representatives that covered matter. they will find that the legislation does both sides of this particular issue. Ms. MIKULSKI. Is the Senator's deserve the support, not just of those I think in this case, at least, any ad­ statement long? of us who consider ourselves pro-life, ditional hearings would be redundant. Mr. DEWINE. Mine is probably about but also of those who consider them­ The facts are basically here in front of 10 minutes. selves pro-choice. us. 31556 CONGRESSIONAL RECORD-SENATE November 7, 1995 Let me go back to the quote from the type of situation where affirmative I ask, again, that my colleagues lis­ Professor White when he testified be­ defenses are historically used. In the ten to the narrow focus of the debate. fore the House Judiciary Subcommi t­ Federal Code, 30 or 35 times affirmative Look at the language in the bill. Recall tee on the discussion. He said that defenses are mentioned and are, in fact, the basic facts that we have in front of fetuses that are subjected to this pro­ built into the statute. us in regard to what this medical­ cedure are "fully capable of experienc­ The legal test, guilt beyond a reason­ medical procedure-actually entails. ing pain;" "fully capable of experienc­ able doubt, never changes. Every ele­ I think, after Members do this, there ing pain.'' ment has to be proven. It has to be is only one logical conclusion that they Mr. President, they endure that ter­ proven beyond a reasonable doubt. The can come to, and that is, whether pro­ rible procedure that we have heard de­ question of the affirmative defense life or pro-choice, they have to vote to scribed, and they are fully capable dur­ comes in as raised by the defendant ban this horrible, brutal operation. ing that time of experiencing this pain. and there, when it is raised by the de­ I thank my colleague from Maryland, We should, Mr. President, take some fendant, the legal standard is a very, and I yield the floor. comfort in the fact that the procedure very low standard; that standard is pre­ The PRESIDING OFFICER. The Sen­ is not performed very frequently. It is ponderance of the evidence, evidence ator from Maryland. rare. The fact is it should not be per­ which is of greater weight, more con­ Ms. MIKULSKI. Mr. President, I rise formed at all. It is an unnecessary pro­ vincing than the evidence which is of­ in opposition to the pending business cedure. Even from the perspective of fered in opposition to it. It is a bal­ before the U.S. Senate. Let me say at the pro-choice community. ancing test. That is all the defendant the outset, I believe that good people Mr. President, some Senators have has to do. can differ on the matter of abortion. I expressed concern about whether the To summarize, to those who are espe­ believe this is an issue so profound that mother will be adequately protected cially concerned about the life of the it requires the utmost thoughtfulness without the availability of this proce­ mother in this regard, as we all should and the utmost dignity, even as we de­ dure. If you talk to the medical com­ be, this bill does contain an affirmative bate this. munity about this they will tell you defense for doctors who act with a rea­ I would also like to state what pro­ that if a mother's life is in danger they sonable belief that this procedure is choice means. We often use the phrase certainly have more humane ways of necessary to save the mother's life. As pro-choice or pro-life. We pro-choice terminating the pregnancy to save her. a former prosecutor, I can state it is people happen to think we, too, are Let me turn, if I could, Mr. Presi­ relatively common in criminal law, pro-life. We are not anti-life. For us, dent, to a matter that has been raised both at the Federal level and State the question is not what is decided; the already on this floor and that I know level, to provide this exception, to pro­ question is who decides. For the pro­ will be raised again. That is, the excep­ vide exceptions to general rules. choice community, we believe that de­ tion for the life of the mother. In this Among the most common examples are cisions related to abortion should not bill, there is such an exception. It is self-defense and the insanity defense. be made on the floor of the U.S. Con­ called an affirmative defense. There are more than 30 of these affirm­ gress but should be left in the doctor's Let me read from the statute of the ative defenses in the current Federal consultation room. proposed bill. law. So our position, when we say pro­ It is an affirmative defense to a prosecu­ For example, to a charge of witness choice, is that we believe it is a deci­ tion or a civil action under this section, tampering, there is an affirmative de­ sion not to be made by Congress, not to which must be proved by a preponderance of fense that the intent of the defendant be made by a conference committee, the evidence, that the partial-birth abortion was to encourage truthful testimony. not to be determined through a Presi­ was before a physician who reasonably be­ In cases of failure to appear, there is an lieved, one, the partial-birth abortion was dential veto, but should be determined affirmative defense of uncontrollable between a physician and the patient. necessary to save the life of the mother and, circumstances. In cases of knowing two, no other procedure would suffice for That is why we say we are pro-choice. that purposP. endangerment, there is an affirmative There are any number of cir­ defense that the endangered person This is the only way, I submit, that cumstances why an abortion is either consented to a professionally approved medically necessary or medically ap­ as a practical matter such an exception medical treatment. can be included in this type of legisla­ These protections for defendants are propriate. There is no way the U.S. tion. relatively common, and the Federal Congress can look at these issues or Affirmative defenses are not new. Af­ courts know how to deal with them. even anticipate what a variety of these firmative defenses, as the occupant of The affirmative defense in this bill is a medical circumstances are. Within this the chair, the Presiding Officer knows sensible and rational provision to pro­ great institution, there is only one very well, go back throughout history. tect doctors and patients. physician, and I know there are no They include things that we all know We should not lose sight of the real nurses. Some have strong scientific about: insanity, for example, or self-de­ health issue involved here. According background, but we are not capable of fense. In fact, they are contained in the to Dr. Pamela Smith of the department that. These are decisions that need to Federal Code in 30 or 31 different stat­ of ob-gyn at Mount Sinai Hospital in be made on a case-by-case basis, based utes. Chicago, the procedure of partial abor­ on the medical circumstances and the For those who have prosecuted at the tion itself poses risks to the health of religious convictions of the individual State level, we all know about affirma­ the mother. She cites several exam­ families that are involved, not the col­ tive defenses, as well. Affirmative de­ ples, and then she concludes: lective wisdom or lack of it by the U.S. fenses are usually written in to the There are absolutely no obstetrical situa­ Congress. statute when the knowledge about the tions encountered in this country which re­ This is why, when we say we are pro­ fact is uniquely in the hands or control quire a partially delivered human fetus to be choice, I say we are not anti-life. We of the defendant. destroyed to preserve the health of the are for appropriate decisions to be I submit that is true in this particu­ mother. made based on what is medically ap­ lar case. To not have it included as an This is a pretty clear medical conclu­ propriate and what is the individual affirmative defense, but rather to write sion. Frankly, as I examine the facts, I family circumstances and their own re­ it directly into the statute, would pose see no reason why this Senate-those ligious convictions. So that is a gen­ a situation that would be virtually im­ who consider themselves pro-life and eral statement. But on this bill, I possible to deal with in court, as the those who consider themselves pro­ would like to say, too, that this bill re­ prosecutor would have to basically choice-should not approve overwhelm­ quires very careful study. It is far prove a negative in every single case ingly this bill. This debate will con­ reaching. It strikes, too, at that very and then would, in fact, have to get in­ tinue, I am sure, into the night tonight core of the doctor-patient relationship side the mind of the defendant. This is and into tomorrow. that I have just commented upon. November 7, 1995 CONGRESSIONAL RECORD-SENATE 31557 I bring to everyone's attention, there peatedly affirmed the right of the phy­ to the floor for debate without due con­ have been no hearings on this bill in sician to make that decision, along sideration through the committee the U.S. Senate. Yes, there was a hear­ with the woman, as to what is in the process. Regardless of any Senator's ing in the House. But this is the U.S. best interest. The Court has rejected views on abortion, I believe that every Senate. If a House hearing counted, we laws that would require the physician Senator should support the motion would not hold hearings on anything. to put the health of the fetus before that will be offered by the Senator We would have not held hearings on the health of the woman. In decision from Pennsylvania to send the bill to the tax bill, we would not hold hear­ after decision, the Court has affirmed the committee. This is not an undue ings on the budget, we would not hold that the woman's health must remain delay. It is a responsible thing to do. hearings on welfare reform. We, the the doctor's paramount concern. This The Senate is known as the world's U.S. Senate, must act as our own body, bill would overturn that premise. greatest deliberative body. On some­ and I believe it is up to the Senate to So this bill is carefully crafted to di­ thing so sensitive, and so complex, I do conduct its own hearing on this most rectly attack the underpinnings of Roe believe that we should hear from the sensitive, most difficult issue. versus Wade, and the bill's sponsors, American medical community who can The ban that is being proposed would particularly in the House, have already give us guiding advice on this, and also have an effect far beyond the issue of served notice that their intention is to for those women who face this issue, abortion. For the first time, the Con­ completely outlaw abortion, one proce­ many of whom will tell us their story, gress would be directly regulating what dure at a time. and others who have faced this issue medical procedures a doctor can and Mr. President, I believe this bill is and chose another path. cannot provide. It is a tremendous in­ radical and far reaching. This bill has I believe the Senate should be open­ trusion into medical practices. not been the subject of a single day of minded, listen to advice, and then in a I know tomorrow morning, the Sen­ hearings in the Senate. We have not rational and deliberative way which is ator from Pennsylvania, Senator SPEC­ heard from one witness, especially the characteristic of both this body and I TER, will be offering a motion to send medical community. No committee has believe those in the House who even the bill back to the committee for a deliberated on the language of the bill differ on the abortion-that our deci­ hearing, with a time certain for report­ and understands the full consequences sions be based on a rational set of in­ ing it back. I will support the motion, of this. This is simply unacceptable. formation going through the tradi­ and I want everyone to understand that The abortion issue is a sensitive and tional committee process in which the motion to recommit for a hearing controversial one. Emotions run high there can be the questioning back and is not dodge ball, where we, by refer­ whenever we debate this issue. That is forth of the witnesses. ring it back, we avoid the vote. It is to why it is so crucial that, before we vote So, Mr. President, I urge my col­ be sure that when we do vote, we will on this bill, it should be subject to the leagues to support the motion that will have heard from all who have an inter­ careful study that committee hearings be offered by the Senator from Penn­ est in this legislation. and deliberation would provide. I would sylvania tomorrow and urge, if that Under this legislation, I want to support a limit on the time being re­ does not pass, the defeat of this amend­ bring out that Congress could make f erred to the committee, a 30- to 40-day ment. criminals out of doctors who perform a limit. We could vote before this Con­ Mr. President, I thank you for your procedure which, in their expert opin­ gress adjourns for the holiday recess. attention. I yield the floor. For myself, I would like to hear the Mr. SMITH addressed the Chair. ion, is medically necessary to save a testimony from the proponents of the woman's life or to prevent serious ad­ The PRESIDING OFFICER (Mr. bill about why they believe Members of ABRAHAM). The Senator from New verse risk to her heal th. Supporters of Congress are better able than physi­ the legislation like to point out that Hampshire. cians to decide what medical proce­ Mr. SMITH. Mr. President, I believe the bill contains a so-called affirmative dures are appropriate for women facing defense which allows for procedures Senator ASHCROFT will speak momen­ the tragedy of a late-term abortion. I tarily, and I will be happy to yield to performed to save a woman's life. But think the Senate should hear from what does that mean? If you read the the Senator when he gets here. women who face the painful decision of Mrs. BOXER. Will the Senator yield? bill carefully, you see that this is not a terminating a wanted pregnancy, and Mr. SMITH. Certainly. life exception. It means that after a whose doctors have selected this meth­ Mrs. BOXER. I understand Senator doctor has suffered the humiliation of od. KENNEDY will be here momentarily. arrest, being handcuffed, forced to hire I think the Senate should hear from Mr. SMITH. If Senator KENNEDY gets an attorney, and posted bond and a the physicians who perform this proce­ down, or Senator ASHCROFT, I would be trial is underway, the doctor can tes­ dure so that we can understand why it happy to yield. tify that he or she believed the proce­ is sometimes necessary, and what I yield the floor. dure was the only method that would would happen to these women if this Mr. KENNEDY addressed the Chair. have saved the woman's life. This com­ procedure were banned. I want to hear The PRESIDING OFFICER. The Sen- pletely shifts the burden of proof to the from the American College of ob-gyn's. ator from Massachusetts. doctor after an arrest has been made. They are the experts in this field. The Mr. KENNEDY. Mr. President, I We criminalize this. The doctor has to Senate should hear their testimony strongly support the motion that will prove that the procedure was the only about what they think about this bill. be offered by several of our Republican procedure that could have saved the I have been informed that they think it colleagues to refer this bill to the Judi­ woman's life. is misguided. Let them present the tes­ ciary Committee. What is more, there is no such af­ timony. Let us have a discussion with Many of us oppose this legislation firmative defense for cases where the that. and believe it should not pass in any woman and her doctor have decided the There are 13,000 physicians of the form. This measure is the latest attack procedure is necessary to preserve the American Medical Woman's Associa­ by some of our colleagues in their con­ woman's health and future fertility. tion who oppose this bill. We should tinuing all-out assault against a wom­ The bill before us is a tremendous as­ hear why. Is it the procedure, or is it an's constitutional right to choose sault on Roe versus Wade. Under Roe, the Federal intrusion? We hear so whether to continue her pregnancy. the Supreme Court has consistently much about the Federal intrusion into The proponents of this misguided legis­ upheld the constitutional right of people's lives. This is the most pro­ lation make no secret that their goal is women to seek an abortion, and has re­ found of Federal intrusions. But again, to ban all abortions. jected as unconstitutional those laws let us hear from the doctors. Let us The procedure involved in this case is that do not allow for late-term abor­ hear from the doctors about this issue. extremely rare. It involves tragic and tions necessary to preserve the life or This issue is too complex, and its im­ traumatic circumstances late in preg­ health of the mother. The Court has re- plications too profound to let it come nancy in cases where the mother's life 31558 CONGRESSIONAL RECORD-SENATE November 7, 1995 or health is in danger. These cases sitive and as deserving of privacy as Wade, and once under the void-for­ should not be dealt with by the crimi­ the relationship between patients and vagueness doctrine. nal law, and our colleagues are wrong their physician. Yet this bill puts the When this bill was debated in the to try to criminalize them. Federal Government directly into the House, its proponents actually boasted Who in this Chamber would second­ doctor's office in the most intrusive that it was the first step in an effort to guess the medical judgment of a physi­ way, by attempting to substitute Con­ reverse Roe versus Wade and deny cian if such a case arose affecting a gress' political judgment for a doctor's women the constitutional right to member of a Senator's own family? medical judgment. choose whether or not to bear a child. Who in this Chamber would sacrifice Despite the importance and complex­ I believe that a solid bipartisan ma­ a wife or daughter by rejecting the ity of these issues, this bill has re­ jority of the Senate supports Roe ver­ medical procedure needed to save her ceived no consideration whatever by sus Wade and a woman's right to life? any Senate committee. The bill was choose, and that this legislation will Surely, the debate by the Senate on passed by the House of Representatives ultimately be defeated. the serious issues raised by this bill last week. It had only 1 day of hearings But that is not the issue here. The should take place after, not before, the in the House, and that day could hardly motion to send this bill to the Judici­ Senate Judiciary Committee has had a be called fair or balanced or objective. ary Committee protects all sides in reasonable opportunity to consider it A Senate bill similar to the House this controversy. It directs the Judici­ fairly and hear testimony on both bill was introduced earlier this year by ary Committee to hold hearings on the sides. Sena tor SMITH. bill and report it back to the full Sen­ It is sad to see the leadership of the But it was placed directly on the ate with amendments, if any, in 45 Senate so bent on meeting the right­ Senate Calendar-in an obvious effort days. wing's antiabortion litmus tests that to avoid the kind of committee consid­ Surely, legislation so far-reaching they are willing to trample the integ­ eration it clearly needs. and unprecedented deserves at least rity of the Senate legislative process. This bill is not a resolution to estab­ that degree of responsible consider­ Clearly, this legislation is not ready lish National Ice Cream Week, or to ation. What are its proponents trying for final action by the full Senate at honor a sports championship team. to hide? this time. It is a travesty of respon­ This is a bill that would criminalize a I urge the Senate to refer the bill to sible deliberation for some Senators to particular medical procedure and send the Judiciary Committee. pretend that it is. It is irresponsible for doctors who use it to prison. Mr. SHELBY. Mr. President, I rise in supporters of this measure to insist on The bill purports to ban a procedure strong support H.R. 1833, the Partial­ such action without benefit of regular that the bill's proponents refer to as Birth Abortion Ban Act. When the committee consideration. "partial-birth abortion." The term was Founding Fathers drafted the Constitu­ Extremely important issues are at invented by politicians, not doctors. It tion of the United States, they made it stake, and the Senate should not be appears in no medical textbook and has abundantly clear that one of the most stampeded by the shock tactics of the no well-understood meaning in the crucial roles of government is to "se­ shock troops of the extremists who op­ medical or scientific community. cure the Blessings of Liberty to our­ pose all abortions at any stage of preg­ Medical experts should have an op­ selves and our Posterity.'' nancy. portunity to testify about any bill that Yet, over the past few decades, the The Senate has a duty to act respon­ presumes to rewrite medical proce­ value of life in America has been sub­ sibly, and to hear from both sides in dures and ban them, especially when stantially cheapened, and the oppor­ this controversy, especially the views Congress is defining and naming a med­ tunity for liberty diminished. The rise of the medical profession. Let us reject ical procedure that the medical profes­ in drive-by shootings, gang warfare, this Alice in Wonderland approach to sion does not recognize. If Congress and abandoned babies, all point to the serious legislation-sentence first, ver­ wants to play doctor, it should hear fact that life in America is not consid­ dict afterward. from doctors first. ered as precious as it used to be. Clearly, in light of the far-reaching The Judiciary Committee should also One of the most gruesome indicators questions raised by the purpose of this hear from constitutional scholars of the decline in the value of life is the bill and the confusing details of its pro­ about the constitutionality of this bill practice of partial-birth abortions. A visions, it would be premature for the under Roe versus Wade and subsequent partial-birth abortion is an abortion in Senate to act. Supreme Court decisions. which the person performing the abor­ Enactment of this legislation would In addition, the committee should tion partially delivers a living baby be­ represent the first time in American hear from constitutional scholars fore killing the baby and completing history that Congress has outlawed a about its constitutionality under the the deli very. specific medical procedure. void-for-vagueness doctrine. As recent H.R. 1833 will bring an end to this It would represent the first time in press reports make clear, this bill's ter­ grisly procedure. Opponents of this bill American history that Congress has minology is so vague that doctors will try to disguise partial-birth abortions threatened doctors with prison terms not know what it means or which med­ as reproductive health services, but a for practicing their profession. ical procedures are actually being close examination of the procedure It would threaten the life or health of criminalized. shows it is no such thing. When per­ hundreds of American women each Obviously, the proponents of this leg­ forming a partial-birth abortion, the year. islation are making a political state­ individual first grabs the live baby's It would undermine the Supreme ment with this bill. leg with forceps and pulls the baby's Court's landmark 1973 decision in Roe One purpose of their vague language legs into the birth canal. He then deliv­ versus Wade, which guarantees a wom­ is to intimidate as many physicians as ers the baby's entire body, except for an's right to choose whether or not to possible by threatening them with pos­ the head; jams scissors into the baby's continue a pregnancy. In fact, the leg­ sible prosecution if they perform medi­ skull and opens them to enlarge the islation is so poorly drafted that it is cal procedures that could be covered by hole. Finally, the scissors are removed likely to be ruled unconstitutional by the vague nonmedical language of this and a suction catheter is inserted to the Supreme Court under Roe and sub­ bill in its present form. Those who suck the baby's brains out. This causes sequent decisions. want to ban all abortions do not mind the skull to collapse, at which point This issue raises fundamental ques­ this kind of vagueness in a criminal the dead baby is delivered and dis­ tions about the Federal Government's statute-but the Constitution does. carded. proper role, if any, in the doctor-pa­ The Supreme Court is likely, there­ Mr. President, this procedure is cruel tient relationship. Few aspects of the fore, to rule that this bill is unconsti­ and indefensible, and it is an assault to lives of ordinary citizens are as sen- tutional twice-once under Roe versus the common values of the American November 7, 1995 CONGRESSIONAL RECORD-SENATE 31559 people. Listen to what nurse Brenda bate only during the remainder of to­ weekend in Israel. Each of these cases Pratt Shafer, who witnessed one of day's consideration of H.R. 1833, and at has been surrounded by voices of con­ these abortions, had to say in her let­ 9:30 a.m. tomorrow Senator SPECTER be cern for the harsh rhetoric many feel ter to Congressman TONY HALL: recognized to make a motion to com­ provoked the atrocities. While I do not The baby's body was moving. His little fin­ mit the bill to the Judiciary Commit­ know how thoroughly I agree with that gers were clasping together. He was kicking tee, and that a vote occur on the mo­ analysis, it does point out the need for his feet. All the while his little head was still tion at a time to be determined by the our national debate on even the most stuck inside. Dr. Haskell took a pair of scis­ majority leader after consultation with divisive issues to be civil, to be rea­ sors and inserted them in to the back of the baby's head. Then he opened the scissors up. the Democratic leader, with no amend­ soned-to win, arguments must not Then he stuck the high-powered suction tube ments in order during the pendency of merely move the heart, they must per­ into the hole and sucked the baby's brains the motion to commit; and further, suade the mind. out. I almost threw up as I watched him do that the time between 9:30 and 12:30 to­ And so today, that is what I want to these things. morrow morning be equally divided be­ accomplish-to speak with civility and Mr. President, several medical ex­ tween Senator SMITH and Senator reason about the horror of partial-birth perts have recently stated that this is SPECTER. abortions which literally rip a child not a medically necessary procedure. The PRESIDING OFFICER. Is there from its mother's womb. The American Medical Association's objection? As I mentioned earlier, abortion is Council on Legislation-which unani­ Mrs. BOXER. Reserving the right to the divisive moral issue of our day. It mously supports banning this proce­ object, and I shall not object-as a hits at our deepest notions of liberty dure-also stated that partial-birth matter of fact, I think this is an excel­ and questions our most fundamental abortions are "not a recognized medi­ lent request-I just want to clarify assumptions about life. cal technique" and concurred that the with my friend that we are looking at For more than 20 years now, abor­ "procedure is basically repulsive." a vote around the 12:30 hour. In other tion-on-demand has been the law of the I agree this procedure is repulsive; it words, it is our intention certainly by land. I think it a poor law and I think is the grotesque killing of a new-born 1:30 to have disposed of the motion. Is it an immoral one. But for now it is the baby. Its feet are out, its hands are out, that his understanding of it? law and it must be observed. its legs are kicking, its arms are reach­ Mr. SMITH. That is correct. We an­ The bitter fruits of this law have ing. It is a new-born baby. Think of ticipate a vote sometime in the vicin­ been the death of over 30 million what kind of society we live in when ity of 12:30, not before 12:30. It could be human begins who will never know we fine and arrest people for affecting 12:45 or 1:30. But there is no intention what it means to learn and live and the habitat of an endangered kangaroo to delay matters beyond that. It is our laugh among us. The inhumanity of rat but explicitly allow the abhorrent intention to have any speakers who this loss can never be gauged, never be practice of sucking out the brains of a may wish to speak this evening or to­ measured, never fully be felt. We saw new-born baby. morrow morning on the bill on either yesterday humanity's grief at the fu­ Moreover, most partial-birth abor­ side, and we would divide that time neral of Yitzhak Rabin. A great man tions are performed for purely elective equally. was mourned by a grateful world. How reasons. Martin Haskell, who is one of Mrs. BOXER. Clearly, I say to my much greater the grief of 30 million the chief advocates of this procedure, friend, if we do decide to go over an­ lives that will never know peace, never stated to AMA News in a July 1993 other 45 minutes, we could equally di­ know love, never know the warmth of a interview that, "I'll be quite frank: vide it in the same fashion. I know that father's embrace or the strength of a most of my abortions are elective in is not in the request, but I am sure mother's love? that 20-24 week range. In my particular that is the way we would work to­ Mr. SMITH. Mr. President, I want to case, probably 20 percent are performed gether. thank the Senator from Missouri for for genetic reasons. And the other 80 Mr. SMITH. I have no objection to his comments on the bill and on the percent are purely elective. * * *" that. procedure and for his comments with Despite the consensus in the medical Mrs. BOXER. I have no objection. regard to my involvement in this issue. community that these procedures are The PRESIDING OFFICER. Without I appreciate it. No one in the Senate is not used to save the life of the mother, objection, it is so ordered. more committed to this issue and a H.R. 1833 contains a safeguard for any Mr. SMITH. Mr. President, in light of more honorable man. I appreciate very practitioner who reasonably believes this agreement, on behalf of the major­ much his friendship and support on this procedure is necessary to save the ity leader, I will announce that there this bill. life of the mother. This legislation is will be no more votes during the re­ Mr. President, I would like to make a balanced and well-reasoned, and it mainder of today's session. couple of comments on this motion to merits our support. refer back to the Judiciary Committee. Mr. President, we need to return to Mr. President, I suggest the absence of a quorum. As a recap here, bear in mind that the the premise that life in America is pre­ House Judiciary Committee held a cious and sacred. Our Nation's children The PRESIDING OFFICER. The clerk will call the roll. number of hearings. The Judiciary are our hope and our future, and gov­ Committee held a hearing. They had a ernment at all levels has an incumbent The assistant legislative clerk pro­ ceeded to call the roll. subcommittee markup, a committee responsibility to protect these children markup, they had a committee report. who cannot protect themselves. I sup­ Mr. ASHCROFT. Mr. President, I ask port this legislation and urge my col­ unanimous consent that the order for The House had a full debate. It passed leagues to support it as well. the quorum call rescinded. after that full debate by a vote of 288- Mr. SMITH. Mr. President, I suggest The PRESIDING OFFICER. Without 139. And so to say that somehow we the absence of a quorum. objection, it is so ordered. need to refer this bill back to commit­ The PRESIDING OFFICER. The Mr. ASHCROFT. Mr. President, I tee, back to the Judiciary Committee, clerk will call the roll. want to begin by thanking the senior is nothing more than a dilatory proc­ The bill clerk proceeded to call the Sena tor from New Hampshire for his ess. And really the reason for it is roll. work on this legislation. Few have quite simple. It is an effort not to have Mr. SMITH. Mr. President, I ask done more for the unborn than has to make this vote. It is a reason to unanimous consent that the order for Senator SMITH, I am pleased to join avoid the tough question. It is a reason the quorum call be rescinded. him as an original cosponsor of the bill for those who basically want abortion The PRESIDING OFFICER. Without before us today. on demand to not have an opportunity objection, it is so ordered. In just the past several months our to vote on this procedure, which we Mr. SMITH. Mr. President, I ask work has been witness to acts of terror have all heard is the most outrageous unanimous consent that there be de- in Oklahoma City and again over the procedure. 31560 CONGRESSIONAL RECORD-SENATE November 7, 1995 In addition, the AMA Legislative is one more child. We are not talking if this House bill passes the Senate as Council voted twice to endorse it. They about the debate. I happen to believe it is, this would be the first time, that did not need further study. They are that, after conception, it is a living anyone around here can verify, that a the experts. We are having a full debate child. That is not what we are talking medical procedure has been banned by here on the Senate floor. about. We have been through this be­ the Congress of the United States of I just want to point out to my col­ fore. I will not repeat it all. But we are America-a medical procedure that is leagues, if you do not approve of this talking about a child in the birth used in the most tragic, most difficult process, this motion to refer is a hos­ canal, and one a day is killed. circumstances, where a life is at stake, tile motion to that issue. If you refer So I just say to my colleagues, is a life of the mother, with serious this matter to the Judiciary Commit­ there really anything that you are health implications for the mother. tee, you are saying that you want this going to hear or see in the Judiciary As one of my constituents who called process to continue. That is really Committee hearings that is going to during the debate said, there is more what you are saying. Some will say change your mind? You either support than one baby involved here, because that is not true, we want to study it this procedure or you do not. If you do the mother was somebody's baby at more and have more hearings. How not support it, do not delay it by send­ one time. much more study do you have to have ing the thing back to the Judiciary As I said, I ask Senators not to dodge than what we have already had with Committee. this at all, but before they vote, close the process that we see? Why do we So I encourage my colleagues, if you their eyes and think it was their have to study something as obvious as have something to say on this, to be daughter-their daughter- who they this is? We have all the medical ex­ here tomorrow and be prepared to ex­ adore, where there was an emergency perts, we have all the testimony from press yourself. Please bear in mind call and the doctor they respected and people who worked in abortion clinics, that delaying this accomplishes noth­ admired who had brought other chil­ who have observed Dr. Haskell and oth­ ing except delay. That is what the dren into the world said, "Your daugh­ ers. We have the nurse's testimony. We American people get so upset with us ter is facing a tragic situation. If I do have the testimony of the abortion about-that we do not make decisions. not perform a particular medical pro­ doctors. We have the testimony of We just debate and talk. cedure, she could be dead. I cannot other medical doctors. It is an effort to Let me tell you, if debate and words guarantee that she would live if I use make sure that the full Senate does could solve the world's problems and any other procedure." not have to face this matter. America's problems, we would sure do You would say, I believe-believe me, This is one of the things about poli­ it here on the floor of the Senate be­ I am not putting words in your mouth, tics and politicians that just turns the cause we are all good at debating. But this is what I think you would have American people off. Whatever your that does not get the job done. Do you said-"Have you double checked? Have position is, if you feel that taking the support this process of taking the life you triple checked? Have you tried an­ life of a child with only its head in the of an unborn child-partially-born other idea? Have you tried another ap­ womb is right, then vote that way. Go child-or do you not? If you do not, proach? How do you know? Have you ahead and vote that way. That is your then do not vote to delay further the done all the tests?" right. You have the right. That is your vote to stop it. That is the issue, pure If the doctor answered those ques­ vote and I respect that. and simple. tions to your satisfaction, you would But to delay it further and send it The American people, I think, are up say, "With the help of God, save my back to the Judiciary Committee-the to here, Mr. President, with everybody child.'' chairman of the Judiciary Committee dodging issues. I really think they are I think that is what we are coming does not want the bill sent back. Yet, up to here with it. Why do we not just down to here-not somebody's con­ apparently, Senator SPECTER is going face up to it? I would respect that. Let tract, not somebody's ideology, but to try to send it back there against the us face up to it and just say that we are with a human decision that must be wishes of the chairman. I hope that we going to have an up-or-down vote, we made, tragically, by too many Amer­ will respect the wishes of the chairman are not going to have these phony is­ ican families. of the Judiciary Committee, not some sues of sending it to the Judiciary So we have never before banned a member of the committee, who simply Committee or maintaining that there medical procedure as far as we can ver­ supports this process, who wants this is not a life of the mother exception ify. This is one where it is used in these bill to be delayed. This is the reason when there is one, or that there is de­ tragic circumstances-and I went for it. It is not to have hearings. We formity, or that somehow it is right to through some of those circumstances can have hearings until hell freezes take a child that is deformed from the -we have people here willing and over. It is not going to change any­ womb. Let us deal with the issue at ready to talk to colleagues, people who thing. How many more hearings do you hand, which is this process, this proce­ have gone through this procedure, who have to have? How many more people dure. Let us have an honest up-or-down have gone through this tragic choice, do you have to have testifying saying vote on it, tomorrow hopefully, and get who are happy to talk about it. that we are killing babies this way? it to the President's desk. That is what They are not political. I do not know How many more times do you have to the issue is about. what party they are in. I can just tell hear it? How many more times do you Mr. President, at this time, I yield you they are human beings, they suf­ have to see these charts? How many the floor. fered, they struggled, and they want to more times? Mrs. BOXER addressed the Chair. spare other people, frankly, not only So I want my colleagues to under­ The PRESIDING OFFICER. The Sen­ the pain, but the loss of life that will stand when you come in here tomorrow ator from California. ensue if a lifesaving procedure is, in and we deal with this issue between the Mrs. BOXER. Mr. President, I think fact, outlawed by this Congress. hours of 9:30 and 12:30, that there will we are winding down debate this It is not about ducking issues; it is be an effort here to send this bill back evening and we will have an oppor­ about making informed choices here to Judiciary Committee-not to have tunity tomorrow to cast a very impor­ for us. hearings. That is just a facade. It is to tant vote on a motion by Senator How can we make an informed delay the bill and eventually kill it so SPECTER, a Republican Member of the choice, I say to my friends and col­ that we do not have to vote on it. Senate, cosponsored by six other Re­ leagues, if the committee that writes You are killing more than a bill if publican Members of the Senate, to the laws about criminalization does you do this, you are killing hundreds of take an issue that is precedent-setting, not even have a look at this, and this children. On average, remember, there precedent-breaking, and refer it to a would criminalize a procedure that is is at least one partial-birth abortion committee that needs to look at it. used by a doctor in tragic and terrible per day. So every day we delay it, there Why do I say that? I say that because circumstances. We are going to put November 7, 1995 CONGRESSIONAL RECORD-SENATE 31561 that doctor in jail. This greatest delib­ Well, my friends, under Roe versus ers in Nevada, the Newmont Mining erative body in the world is not even Wade the States control abortion after Co., as a foreign corporation. I wanted going to hold a hearing. the first trimester. That is clear. I to make sure that I was right. I on a I am very pleased to see seven Repub­ have printed in the RECORD a list of number of occasions questioned my lican colleagues put this motion for­ every State and all the restrictions in friend from Arkansas. ward. It is common sense. It is highly those States. This would wipe out all I think it is important that we un­ appropriate. those restrictions. derstand the motives for raising this I happen to believe if we did this I find it amazing that some of my Re­ issue are clear-the desire of some to willy-nilly and President Clinton was publican friends, and certainly not arouse fear that somehow the minerals not there and there was another Presi­ all-some-would argue States rights industry has been taken over by people dent who did not believe that it is im­ in repealing Federal standards for from outside the United States. The portant to save the life of the mother nursing homes, but then come right fact of the matter is that the vast, vast or protect her health and another around and say, "We do not trust the majority of investors in the mineral in­ President signed this, women would States when it comes to late-term dustry are American citizens. die. abortion.'' Mr. President, Newmont Mining Co., Why do I say that? Not to be sensa­ This is about a whole other agenda. as I have indicated in recent weeks, in tionalist. I do not have charts. I do not That is why I hope we can rise above a recent years, recent months, has been have pictures. But we know this is used political agenda-this is a political the target of some very negative state­ in tragic circumstances. I think we agenda-and do what is right for the ments and rhetoric by the Secretary of should come together as a Senate, re­ American people. the Interior, Bruce Babbitt, and the gardless of our view on this issue, and Let me say this. We do not put people senior Senator from Arkansas. send this to the Judiciary Committee. in jail for political crimes in this coun­ The latest tirade that was offered There is a time certain. It is 45 days. try. This is what is so great and unique against this company was the fact that It could be sooner. It could be sooner. in America. We do not put people in they had been issued a patent by the That is an outside date. jail for political crimes. Interior Department of some 118 acres I just hope colleagues will consider in the State of Nevada. this, recognize the precedent-setting But I honest to God believe this, that Now, in the State of Nevada, keep in nature of this Hou.se bill, and vote to if we outlaw a procedure which might mind, we are a State of approximately send it to the Judiciary Committee, be the only procedure to save a wom­ 72 million acres, and this was a patent which is a very, very fair committee to an's life, and a doctor uses it and the of a little over 100 acres. send it to in terms of its membership. doctor does wind up in jail because Both the Secretary and my friend We get a fair hearing. Hear from the there is no exception for the life of the from Arkansas continue, as I have indi­ doctors. mother in this radical legislation, he cated, to refer to Newmont as a foreign Do not have Senators come on the would be serving time for a political company taking title to U.S. land and floor who never spent a day in medical crime. He would be in there for a politi­ resources. First of all, understand, school describe a procedure, tell you cal reason-somebody's agenda. I just Newmont Mining Co., was formed in how it feels when a baby comes down hope that we can come together. the United States, in the State of Dela­ the birth canal. I know how that feels. I yield the floor. I suggest the ab­ ware, in 1921. The name Newmont I can talk about that. But I am not a sence of a quorum. comes from the two areas where the doctor. We are not doctors. We are cer­ The PRESIDING OFFICER. The company at that time was operating­ tainly not God. clerk will call the roll. New York and Montana. Therefore, the I believe that we need to do the pru­ The assistant legislative clerk pro­ name Newmont. dent thing here: Send this to the Judi­ ceeded to call the roll. Putting aside, Mr. President, the ciary Committee. They will look at Mr. REID. Mr. President, I ask unan­ larger debate that foreign ownership some amendments. Yes, there is an af­ imous consent that the order for the should not, I believe should not even be firmative defense for a physician. If he quorum call be rescinded. an issue, when you understand that uses this procedure because he thinks The PRESIDING OFFICER (Mr. JEF­ Newmont Mining Co. has invested over under the Hippocratic oath, this is the FORDS). Without objection, it is so or­ $1.5 billion, now approaching $2 billion only way he can save the life of this dered. in its Nevada operations, and has paid mother, he has committed a criminal about $700 million in wages and about act-he or she, as the case may be. THE MINERALS ISSUE $600 million in payroll, property, sales That physician-in the bill-yes, can and net proceeds taxes, including Fed­ go to the court and defend himself or Mr. REID. Mr. President, I have been eral income taxes since they have been herself and explain why he did this. here many times discussing a very im­ there-not bad-Newmont Mining Co. What kind of society is this where we portant issue for the State of Nevada, is not now and never has been a foreign will haul a doctor into a courtroom for and that is mining. This statement company. saving a woman's life? That is not a so­ today is a follow up of the conference Newmont Mining Co. stock has been ciety that is a good society. That is not which was completed with the House in publicly traded on the New York Stock a society that looks after its people. recent days. It was during that con­ Exchange since 1925. If anyone in this We are not doctors here. We are not ference that I was reminded of the old room decided they wanted to go buy God. We have to do the best we can to "Dragnet" program where Jack Webb, some Newmont stock, they could walk make wise and sound decisions. who was Joe Friday on the program, into any stock dealer in the United It always strikes me as being very when interviewing the witnesses, would States and purchase shares of strange when we hear States' rights ad­ say, "Just the facts ma'am," or "Just Newmont stock. No one is asked for vocated on this floor of the Senate day the facts, sir." Many times we need proof of U.S. citizenship or should they in and day out. We even voted in this this as we debate mining. be, when purchasing stock in U.S. com­ Senate, the Republicans did, with a As the Chair knows, the debate on panies. couple of exceptions-not many-to this issue has centered in recent years At the present time, records show completely abolish nursing home between the Senator from Nevada and that about 95 percent of Newmont's standards, and when we won a vote to my good friend, the senior Senator stockholders are U.S. citizens or insti­ restore them, that was overturned by from the State of Arkansas. And dur­ tutions or U.S. residents. The largest the Roth amendment, which says there ing the course of that debate, and the single stockholder in Newmont Mining is a waiver in the process so States conversations and the discussion we Co., owning some 13 percent of the could have no Federal standards for had during the conference, my friend stock, is a man by the name of Mr. nursing homes. Why? They said, "Oh, from Arkansas on a number of occa­ George Soros, who has a very interest­ we trust the States." sions referred to one of the big employ- ing background-a man who escaped 31562 CONGRESSIONAL RECORD-SENATE November 7, 1995 from Communist Hungary in 1956, came EXECUTIVE MESSAGES REFERRED agement Service, Department of the Inte­ to America, settled in New York where rior, transmitting, pursuant to law, notice of As in executive session the Presiding the intention to make refunds of offshore he made a fortune. Officer laid before the Senate messages 13 lease revenues where a refund or recoupment Mr. Soros owns not only percent of from the President of the United is appropriate; to the Committee on Energy Newmont Mining Co. but various pieces States submitting sundry nominations and Natural Resources. and sometimes the whole of various which were referred to the Committee EC-1583. A communication from the Chair­ U.S. companies. No shareholder owns on Armed Services. man of the Advisory Council on Historic more than 13 percent of the stock that (The nominations received today are Preservation, transmitting, pursuant to law, Mr. Soros owns in Newmont Mining Co. printed at the end of the Senate pro­ the report for fiscal years 1994-1995; to the The next largest shareholders are Committee on Energy and Natural Re­ ceedings.) sources. very important institutions in the EC-1584. A communication from the Chair­ United States: the Ohio Public Em­ man of the Advisory Council on Historic ployees Retirement System; the State MESSAGES FROM THE HOUSE Preservation, transmitting, pursuant to law, of Wisconsin Investment Board, which ENROLLED BILLS SIGNED the report for fiscal years 1994 and 1995; to manages pensions for Wisconsin State At 2:36 p.m., a message from the the Committee on Energy and Natural Re­ sources. government retirees, is a large holder House of Representatives, delivered by of Newmont stock; the State of New EC-1585. A communication from the Sec­ Ms. Goetz, one of its reading clerks, an­ retary of the Interior, transmitting, pursu­ York Employees Retirement Fund nounced that the Speaker has signed ant to law, the annual report on reasonably holds a very large block of Newmont the following enrolled bills: identifiable Federal and State expenditures stock; Fidelity Investment Manage­ S. 457. An act to authorize the Secretary of for endangered species in fiscal year 1993; to ment of Boston, the largest mutual the Army to provide technical assistance to the Committee on the Environment and Pub­ fund organization in the United States, local interests for planning the establish­ lic Works. owns a large block of Newmont stock; ment of a regional water authority in north­ EC-1586. A communication from the Lieu­ Ark Assessment Management, a New eastern Ohio. tenant General of the Defense Security As­ York City pension management firm, R.R. 1715. An act respecting the relation­ sistance Agency, transmitting, pursuant to law, a notice concerning delivery of defense owns a large block of Newmont stock. ship between workers' compensation benefits and the benefits available under the Migrant articles to Ecuador relative to Presidential Mr. President, this information is Determination 93-27; to the Committee on readily available to be obtained either and Seasonal Agricultural Worker Protec­ tion Act. Foreign Relations. by the Secretary of Interior or my good R.R. 1905. An act making appropriations EC-1587. A communication from the Sec­ friend from the State of Arkansas. I for energy and water development for the fis­ retary of Transportation, transmitting, pur­ think the time has come that we cal year ending September 30, 1996, and for suant to law, the report on oil pollution pre­ should stop attempting to degrade, in other purposes. vention training; to the Committee on the Environment and Public Works. any way belittle this fine mining com­ The enrolled bills were subsequently EC-1588. A communication from the Chief pany that has invested almost $2 bil­ signed by the President pro tempo re Financial Officer of the National Aero­ lion in the State of Nevada. (Mr. THURMOND). nautics and Space Administration (NASA), I think it is time, as I stated at the transmitting, pursuant to law, the report on start of this discussion, we deal just mixed waste activities; to the Committee on with the facts. Let us deal just with EXECUTIVE AND OTHER the Environment and Public Works. the facts. As Jack Webb, I repeat, the COMMUNICATIONS EC-1589. A communication from the Chair­ person of the Department of the Navy Re­ Joe Friday of the "Dragnet" series, The following communications were tirement Trust, transmitting, pursuant to said, we need to deal with the facts, laid before the Senate, together with law, reports relative to the 1993 annual pen­ have this discussion on the facts, not accompanying papers, reports, and doc­ sion report; to the Committee on Govern­ rhetoric that has no bearing on the is­ uments, which were referred as indi­ mental Affairs. sues. cated: EC-1590. A communication from the Chair­ man of the Council of the District of Colum­ Mr. President, I suggest the absence EC-1577. A communication from the Under of a quorum. bia, transmitting, pursuant to law, copies of Secretary of Defense, transmitting, pursuant D.C. Act 11-114 adopted by the Council on Oc­ The PRESIDING OFFICER. The to law, the report of a violation of the tober 10, 1995; to the Committee on Govern­ clerk will call the roll. Antideficiency Act, case number 95--03; to the mental Affairs. The legislative clerk proceeded to Committee on Appropriations. EC-1591. A communication from the Dis­ call the roll. EC-1578. A communication from the Under trict of Columbia Auditor, transmitting, pur­ Mr. CRAIG. Mr. President, I ask Secretary of Defense, transmitting, pursuant suant to law, a revised report entitled to law, the report of a violation of the " Audit of the District of Columbia's Recy­ unanimous consent that the order for Antideficiency Act, case number 92-17; to the the quorum call be rescinded. cling Program"; to the Committee on Gov­ Committee on Appropriations. ernmental Affairs. The PRESIDING OFFICER. Without EC- 1579. A communication from the Dep­ EC-1592. A communication from the Spe­ objection, it is so ordered. uty and Acting Chief Executive Officer of the cial Counsel of the United States, transmit­ Resolution Trust Corporation and the Execu­ ting, pursuant to law, a report relative to tive Director of the Thrift Depositor Protec­ the fiscal year 1995 audit and investigative tion Oversight Board, transmitting jointly, activities of the Office of Special Counsel; to MORNING BUSINESS pursuant to law, the report of unaudited fi­ the Committee on Governmental Affairs. Mr. CRAIG. Mr. President, I unani­ nancial statements for the six-month period EC-1593. A communication from the Direc­ mous consent that there now be a pe­ ending September 30, 1995; to the Committee tor of the U.S. Trade and Development Agen­ riod for the transaction of routine on Banking, Housing, and Urban Affairs. cy, transmitting, pursuant to law, the report EC-1580. A communication from the Sec­ of the annual audit for fiscal year 1995; to morning business with Sena tors per­ retary of Transportation, transmitting, pur­ the Committee on Governmental Affairs. mitted to speak therein for up to 5 suant to law, the annual report on transpor­ EC-1594. A communication from the Execu­ minutes each. tation security; to the Committee on Com­ tive Director of the Marine Mammal Com­ The PRESIDING OFFICER. Without merce, Science, and Transportation. mission, transmitting, pursuant to law, the objection, it is so ordered. EC-1581. A communication from the Ad­ annual report on audits and investigations ministrator of the Energy Information Ad­ during fiscal year 1995; to the Committee on ministration, the Department of Energy, Governmental Affairs. transmitting, pursuant to law, the report en­ EC-1595. A communication from the Execu­ MESSAGES FROM THE PRESIDENT titled, " Emissions of Greenhouse Gases in tive Director of the Committee For Purchase the United States, 1987-1994"; to the Com­ From People Who Are Blind or Severely Dis­ Messages from the President of the mittee on Energy and Natural Resources. abled, transmitting, pursuant to law, the re­ United States were communicated to EC-1582. A communication from the Dep­ port on the internal controls and financial the Senate by Mr. Thomas, one of his uty Associate Director for Compliance, Roy­ systems in effect during fiscal year 1995; to secretaries. alty Management Program, Minerals Man- the Committee on Governmental Affairs. November 7, 1995 CONGRESSIONAL RECORD-SENATE 31563 EC-1596. A communication from the Presi­ Housing and Urban Development [HUD] States and localities should establish dent and Chief Executive Officer of the Unit­ from enforcing a complaint of discrimi­ occupancy standards, not a Federal bu­ ed States Enrichment Corporation, transmit­ nation on the basis of a housing provid­ reaucracy. Several States have an oc­ ting, pursuant to law, the report on the in­ er's occupancy standard, and thereby cupancy standard including my own ternal controls and financial systems in ef­ fect during fiscal year 1995; to the Commit­ transferring from HUD to the States home State, Arizona. And it has tee on Governmental Affairs. and localities the authority to set oc­ worked well. It is time we begin re­ cupancy standards. turning a certain amount of authority Mr. President, an occupancy stand­ back to the States. Public housing laws REPORTS OF COMMITTEES ard specifies the number of people who are a good place to start. That is why The following reports of committees may live in a residential rental unit. In I introduce this bill which blocks were submitted: July of this year, HUD general counsel HUD's attempt to set a national occu­ Nelson Diaz issued a memorandum pancy standard, and transfers that au­ By Mr. CHAFEE, from the Committee on which, in effect, supplants the tradi­ Environment and Public Works, with amend­ thority to the States and cities. I urge ments: tional two-per-bedroom occupancy my colleagues to cosponsor this bill. I S. 1316. A bill to reauthorize and amend standard, and may force housing own­ ask unanimous consent that the full title XIV of the Public Health Service Act ers to accept six, seven, eight, or even text of the bill be printed in the (commonly known as the " Safe Drinking nine people in a two-bedroom apart­ RECORD. Water Act"), and for other purposes (Rept. ment. HUD should not be establishing There being no objection, the mate­ No. 104--169). national occupancy standards. rial was ordered to be printed in the HUD was created in 1965 with the RECORD, as follows: best of intentions: to build and fund S. 1397 INTRODUCTION OF BILLS AND housing for the poor. But the agency's Be it enacted by the Senate and House of JOINT RESOLUTIONS regulations have gone far beyond the Representatives of the United States of America The following bills and joint resolu­ scope of that intent. Housing is first in Congress assembled, tions were introduced, read the first and foremost a local issue. The Federal SECTION I. RECOGNITION OF STATE FAIR HOUS­ and second time by unanimous con­ Government should play a limited role ING LAWS. (a) AMENDMENT OF FAIR HOUSING ACT.­ sent, and referred as indicated: in it. State officials are closer to the Section 807(b)(l) of the Fair Housing Act (42 By Mr. KYL (for himself and Mr. situation and can tailor standards to U.S.C. 3607(b)(l)) is amended- FAIRCLOTH) : meet the needs of their communities. (1) by striking " (b)(l) Nothing" and insert­ S. 1397. A bill to provide for State control HUD has accepted a two-per-bedroom ing "(b)(l)(A) Nothing" ; and over fair housing matters, and for other pur­ standard as reasonable in enforcing fair (2) by adding at the end the following: poses; to the Committee on Banking, Hous­ housing discrimination laws under the "(B) A State law regarding the number of ing, and Urban Affairs. Fair Housing Act. Most public housing occupants permitted to occupy a dwelling- By Mr. BREAUX (for himself and Mr. "(i) shall be presumptively reasonable for units subscribe to that standard. That the purposes of determining familial status BROWN): is, until Henry Cisneros became Sec­ S. 1398. A bill to increase the penalty for discrimination in residential rental housing; trafficking in powdered cocaine to the same retary of HUD. Secretary Cisneros and and level as the penalty for trafficking in crack his then Deputy, Roberta Achtenberg, "(ii) shall not form the basis of any action cocaine, and for other purposes; to the Com­ disagreed with the traditional occu­ by the Secretary to withdraw equivalency pancy standard, arguing that it dis­ status from any State, locality, or agency. mittee on the Judiciary. "(C) The Secretary shall not establish a de By Mr. DORGAN (for himself, Mr. criminates against larger families. jure or de facto national occupancy code. EXON , Mr. ROCKEFELLER, Mr. KERREY , The new HUD standard is without "(D) Each State, locality, or agency with and Mr. CONRAD): factual foundation. Mr. Diaz has used HUD equivalency status shall have complete S. 1399. A bill to amend title 49 , United the Building Officials and Code Admin­ and final control over fair housing cases in­ States Code, to ensure funding for essential istrators [BOCA] Property Mainte­ volving occupancy standards within its juris­ air service program and rural air safety pro­ diction without the intervention of the Sec­ grams, and for other purposes; to the Com­ nance Code as a foundation for his oc­ cupancy standard. The BOCA code, retary.". mittee on Commerce, Science, and Transpor­ (b) ENFORCEMENT.- Notwithstanding any tation. however, is a heal th and safely code other provision of this Act, no funds shall be By Mrs. KASSEBAUM (for herself, Mr. specifically drafted by engineers and available to the Department of Housing and DODD , and Mr. JEFFORDS): architects to provide guidance to mu­ Urban Development under this Act to carry S. 1400. A bill to require the Secretary of nicipalities on the maximum number out the Fair Housing Act unless the Depart­ Labor to issue guidance as to the application of individuals who may safety occupy ment complies with the amendment made by of the Employee Retirement Income Secu­ any building. It was never in tended to subsection (a). rity Act of 1974 to insurance company gen­ alter the minimum number of family SEC. 2. EFFECTIVE DATE. eral accounts; to the Committee on Labor This Act and the amendments made by and Human Resources. members HUD could require owners to accept under fair housing law. this Act shall apply to cases filed on or after The code was adopted without any December 31 , 1995. STATEMENTS ON INTRODUCED consultation, public hearings, or analy­ ARIZONA STATE LEGISLATURE , BILLS AND JOINT RESOLUTIONS sis of its impact on the Nation's rental Phoenix, AZ, October 16, 1995. housing industries. That is wrong. Sec­ Hon. JOHN KYL, By Mr. KYL (for himself and Mr. retary Cisneros, through HUD's general U.S. Senate, FAIRCLOTH): counsel, has circumvented the Federal Russell Building, Wa shington, DC. S. 1397. A bill to provide for State Government's rulemaking process by DEAR SENATOR KYL: Thank you for your control over fair housing matters, and imposing this standard through an ad­ prompt and decisive action regarding the for other purposes; to the Committee visory without public hearings. issue of federal intervention in the area of on Banking, Housing, and Urban Af­ Mr. President, the Manufactured occupancy standards as outlined in our joint fairs. letter of August 15, 1995. As you know, the Housing Institute, Arizona Association issue has been a very divisive one in Arizona, THE KYL-FAIRCLOTH STATE FAIR HOUSING LAWS of Homes and Housing for the Aging, and has now spread to other states nation­ RECOGNITION ACT OF 1995 and the Arizona Multihousing Associa­ wide. Mr. KYL. Mr. President, I rise to in­ tion endorse the bill. Arizona Gov. Fife We believe that your proposed legislation troduce the Kyl-Faircloth State Fair Symington, speaker of the Arizona will r esolve the issue by reaffirming the Housing Laws Recognition Act of 1995. House of Representatives Mark Killian, right of each state to set standards that it I thank Senator FAIRCLOTH for his co­ deems most appropriate. We especially ap­ and president of the Arizona Senate plaud your r equirem ent that HUD shall not sponsorship of this bill, and his leader­ John Greene have sent me a letter in establish a na tional occupancy standard, but ship in States rights issues. I am support of this bill. I ask unanimous defer to author ized state agencies in the ad­ pleased to introduce this amendment consent that their letter be printed in ministra tion of cases involving occupancy which will prohibit the Department of the RECORD. standards. 31564 CONGRESSIONAL RECORD-SENATE November 7, 1995 We fully support your legislation and by S. 1399. A bill to amend title 49, Unit­ be given more secure financing. Look­ this letter have notified other Members of ed States Code, to ensure funding for ing at the trend over the past few year, the Arizona delegation of our support. We essential air service program and rural it is unrealistic for anyone to expect appreciate your leadership on this issue and the EAS Program to last very long un­ compliment your excellent staff for their air safety programs, and for other pur­ work on the bill. If we may assist you in any poses; to the Committee on Commerce, less we develop a new financing mecha­ way to promote the passage of this legisla­ Science, and Transportation. nism to sustain the program. tion, please let us know. THE RURAL AIR SERVICE SURVIVAL ACT Under this legislation, a 10-cent fee Sincerely, • Mr. DORGAN. Mr. President, today I would be imposed on every FIFE SYMINGTON, am introducing legislation that will enplanement. The revenue raised would Governor, State of Ari­ help preserve air service in rural areas fund the EAS Program. The legislation zona. and save the Essential Air Service would ensure that any administrative JOHN GREENE, cost to carriers in collecting this small President, Arizona [EASJ Program for the future. I am pleased that my colleagues Senator fee would be reimbursed. Any unobli­ Senate. gated funds would be used to enhance MARK W. KILLIAN, EXON and Sena tor ROCKEFELLER are Speaker, Arizona joining me as original cosponsors of the airport improvement program, di­ House of Represent­ the Rural Air Service Survival Act. recting that any excess funds be made atives. Last week, the Senate passed the available for small community airports conference report for the Transpor­ for maintenance projects. By Mr. BREAUX (for himself and tation appropriations bill which cut This legislation would assure pas­ Mr. BROWN): the EAS Program by one-third, reduc­ sengers and the industry that this fi­ S. 1398. A bill to increase the penalty ing appropriations from $33 million in nancing mechanism will only be used for trafficking in powdered cocaine to fiscal year 1995 to $22 million in fiscal for its intended purpose. The price of a the same level as the penalty for traf­ year 1996. Under these reductions, doz­ dime will ensure that all areas of our ficking in crack cocaine, and for other ens of communities will experience re­ country are accessible by air travel. It purposes; to the Committee on the Ju­ seems to me that we need to work to diciary. ductions in air service. As my col­ leagues understand, the EAS Program restructure the EAS Program and save FEDERAL CRIME PENALTIES LEGISLATION provides support to maintain air serv­ air service in rural areas and this ap­ • Mr. BREAUX. Mr. President, I was ice in remote rural communities that proach would provide a solution pro­ honestly shocked to learn of the huge would have no air service at all. EAS is tected from annual Washington budget difference that exists between the Fed­ a critical program that plays an essen­ battles. eral penalties for trafficking powder I realize that given the present budg­ tial role in the economic viability for et situation, those of us who really cocaine and for trafficking the exact many rural communities. It is also an same amount of crack cocaine. care about programs like EAS have to Right now, selling 5 grams of crack indispensable component to our na­ think of new solutions. We cannot con­ cocaine results in the same 5-year man­ tional transportation system, connect­ tinue to put new wine into old datory minimum prison term as selling ing remote rural areas with hub air­ wineskins. We need to develop new fi­ 500 grams of powder cocaine. Selling 50 ports. If the EAS Program is termi­ nancing mechanisms and make the grams of crack cocaine gets you a 10- nated-as some in the Congress and in most of limited Federal funding. year minimum sentence, while you'd the administration have proposed­ Our transportation system in this have to sell 5,000 grams of powder co­ then dozens of rural communi ties will country is vital to our economic heal th caine to get the same 10 years in pris­ lose the only air service available to and national security. It is of critical on. them. In the grand scheme of things, importance that, despite tight budgets, While these penalties are vastly dif­ the EAS Program does not amount to a we finds ways to maintain a truly na­ ferent-100 times greater if you sell lot of money, but to the over 60 rural tional transportation system that crack cocaine-the damage caused by communities dependent upon EAS, it links every region and State in the these criminal acts are the same. Lives determines the very survival of air union. That is why we need to save the are lost, families are destroyed, careers service. EAS Program and establish its own fi­ are ruined, and our Nation itself is se­ When the airline industry was de­ nancing mechanism. riously threatened. regulated, the EAS Program was estab­ It seems to me that we need to make Tough penal ties are necessary to lished as a means to ensure rural areas some changes in aviation policy in this send a clear signal that the United continue to have air service. In several country and stop ignoring the fact that States will not tolerate selling illegal rural communities in North Dakota, rural regions are suffering a serious de­ drugs. The answer to the problem pre­ EAS support is the only means to cline in air service. The airline indus­ sented by this wide difference in pen­ maintaining some kind of air service. try has undergone many changes since alties is not to lower penalties for sell­ These communities are at least 100 deregulation in the early 1980's. The in­ ing crack cocaine but to increase the miles from the nearest airport which visible hand of competition replaced penalties for selling powder cocaine. offers jet service. the assuring hand of Government in Therefore, my legislation is very Over the past few years, the only the aviation marketplace. As a result, simple and very clear. Trafficking­ constant in the EAS Program has been some areas of the country have seen that is the manufacture, distribution funding cuts. Each year, the adminis­ lower prices and more choices in serv­ or sale-of 50 grams of powder cocaine tration proposes to eliminate EAS and ice. In other parts of the country, will result in a 10-year minimum sen­ those of us who understand the critical namely in rural areas, we have seen tence-the same as dealing in crack co­ importance of this program are forced dramatic losses in air service and high­ caine. to fight for funding. The dramatic cuts er prices. Manufacture, distribution or sale of 5 for fiscal year 1996 should be a sign It is my view that our Nation's small grams of powder cocaine will result in that the current budget process is not communi ties, especially in rural areas, a 5-year minimum sentence-the same working for EAS and without the es­ have not fared well under deregulation: as dealing in crack cocaine. tablishment of a permanent financing One hundred sixty-seven nonhub com­ I'm pleased that Senator HANK mechanism, the future is too uncertain munities have lost all air service since BROWN of Colorado has joined me as a for the rural communities that rely 1978 while only 26 have gained new principal cosponsor of this important upon EAS support. services. Several hundred more have legislation.• This legislation that would provide a had jet service replaced by high-cost permanent financing mechanism for turboprop or piston aircraft. The result By Mr. DORGAN (for himself, Mr. the EAS Program. It seems to me that for small communities has been a dete­ EXON, Mr. ROCKEFELLER, Mr. the EAS Program ought to be removed rioration of the quality of service and KERREY, and Mr. CONRAD): from annual appropriations battles and increase in prices. November 7, 1995 CONGRESSIONAL RECORD-SENATE 31565 The legislation will secure a reliable under subchapter I of chapter 471 of this title dressed legislatively or administra­ source of financing for the EAS Pro­ and shall be used exclusively for projects at tively. gram. The EAS Program is essential to rural airports under subchapter II of chapter The Department of Labor is working 417 of this title. our Nation's national transportation " (C) COMPENSATION OF AIR CARRIERS FOR closely with all parties to develop system and this legislation will ensure ACTING AS COLLECTION AGENTS.-The Sec­ rules, consistent with Harris Trust, for that this program continues. The legis­ retary shall prescribe regulations under dealing with prospective insurance lation has been endorsed by Commu­ which any air carrier or its agent required to company activities. However, without nicating for Agriculture. collect fees imposed under this section is additional legislative authority, the I urge my colleagues to support this permitted to retain, out of the amounts col­ Department of Labor may be unable to legislation and I ask unanimous con­ lected, an amount equal to the necessary and grant protection for retroactive activi­ sent that the full text of the bill be reasonable expenses (reduced by any interest ties which might expose insurance earned on the deposit of such amounts dur­ printed in the RECORD. ing the period between collection and remit­ companies to significant liability and There being no objection, the bill was tance) incurred in collecting and handling threaten the security of pension assets. ordered to be printed in the RECORD, as the fees.". Mr. President, in the nearly 20 years follows: SEC. 4. SECRETARY MAY REQUIRE MATCHING before the Supreme Court's decision in S. 1399 LOCAL FUNDS. Harris Trust-and in the 2 years since Section 41737 of title 49, United States Be it enacted by the Senate and House of Rep­ that decision-there has been little evi­ Code, is amended by adding at the end there­ dence that plan participants have been resentatives of the United States of America in of the following: Congress assembled, harmed by the insurance industry's " (f) MATCHING FUNDS.- No earlier than 2 SECTION 1. SHORT TITLE. years after the date of enactment of the long-standing practice of managing This Act may be cited as the " Rural Air Rural Air Service Survival Act, the Sec­ benefits, or that the insurance industry Service Survival Act". retary may require an eligible agency, as de­ is especially prone to the problems of SEC. 2. FINDINGS. fined in section 40117(a)(2) of this title, to asset mismanagement that gave rise to The Congress finds that- provide matching funds of up to 10 percent ERISA. In fact, there were no enforce­ (1) air service in rural areas is essential to for any payments it receives under this sub­ ment proceedings initiated by the De­ a national transportation network; chapter." . partment of Labor against insurers re­ (2) the rural air service infrastructure sup­ SEC. 5. EFFECTIVE DATE. sulting from the mismanagement of ports the safe operation of all air travel; The amendments made by this section pension assets prior to the Harris Trust (3) rural air service creates economic bene­ shall take effect on the first day of October fits for all air carriers by making the na­ next occurring after the date of enactment of decision. tional aviation system available to pas­ this Act.• I believe, however, that our failure to sengers from rural areas; address this issue could threaten the (4) rural air service has suffered since de­ By Mrs. KASS EBA UM (for her­ safety and security of pension assets by regulation; self, Mr. DODD, and Mr. JEF­ exposing the insurance industry to mil­ (5) the essential air service program under FORDS): lions of dollars of retroactive liability. the Department of Transportation- S. 1400. A bill to require the Sec­ Therefore, I believe we should consider, (A) provides essential airline access to retary of Labor to issue guidance as to and enact, this important legislation rural and isolated rural communities throughout the Nation; the application of the Employee Re­ as quickly as possible. I look forward (B) is necessary for the economic growth tirement Income Security Act of 1974 to working with my cosponsors, and and development of rural communities; to insurance company general ac­ with other Members of this body, to do (C) is a critical component of the national counts; to the Committee on Labor and so.• transportation system of the United States; Human Resources. and THE ERISA CLARIFICATION ACT OF 1995 ADDITIONAL COSPONSORS (E) has endured serious funding cuts in re­ •Mrs. KASSEBAUM. Mr. President, I cent years; and rise today along with Senator DODD s. 881 (6) a reliable source of funding must be es­ At the request of Mr. PRYOR, the tablished to maintain air service in rural and Senator JEFFORDS, to introduce the ERISA Clarification Act of 1995. name of the Senator from Georgia [Mr. areas and the essential air service program. NUNN] was added as a cosponsor of S. SEC. 3. FUNDING FOR SMALL COMMUNITY AIR This legislation is designed to pro­ SERVICE. tect pension plan participants and 881, a bill to amend the Internal Reve­ Section 40117 of title 49, United States beneficiaries by removing the threat of nue Code of 1986 to clarify provisions Code, is amended by adding at the end there­ retroactive liability based on the way relating to church pension benefit of the following: life insurance companies have histori­ plans, to modify certain provisions re­ " (j) ADDITIONAL FEE.- cally organized and managed pension lating to participants in such plans, ·to " (l) IMPOSITION OF FEE.-Each eligible assets. Importantly, the legislation reduce the complexity of and to bring agency that may impose a passenger facility would not affect any ongoing civil ac­ workable consistency to the applicable fee under this section shall impose a 10-cent rules, to promote retirement savings fee under this subsection for each tion. enplanement to provide funds to support a For nearly 20 years, the insurance in­ and benefits, and for other purposes. national aviation system, rural airspace dustry relied on an interpretive bul­ s. 949 safety, and rural air service. letin issued by the Department of At the request of Mr. GRAHAM, the " (2) FEE TO BE SEPARATELY ACCOUNTED Labor, as well as an Internal Revenue name of the Senator from Texas [Mrs. FOR.-The proceeds of fees imposed under Service ruling, which stated that as­ HUTCHISON] was added as a cosponsor of this subsection shall be accounted for sepa­ sets held in an insurance company's S. 949, a bill to require the Secretary of rately from the proceeds of any fee imposed general account were not considered the Treasury to mint coins in com­ under subsection (b). memoration of the 200th anniversary of " (3) FEES TO BE USED FOR SMALL COMMUNITY plan assets under the Employee Retire­ AIR SERVICE.- ment Income Security Act [ERISA]. In the death of George Washington. " (A) IN GENERAL .-Fees collected under December 1993, however, the Supreme s. 1028 this subsection shall be immediately made Court ruled in John Hancock versus At the request of Mrs. KASSEBAUM, available to the Secretary for use in carrying Harris Trust that this long-standing the names of the Senator from Florida out the essential air service program under practice of including pension assets as [Mr. GRAHAM] and the Senator from subchapter II of chapter 417 of this title. part of a general account could violate Ohio [Mr. DEWINE] were added as co­ " (B) DISPOSITION OF EXCESS FUNDS.- Any certain provisions of ERISA. The Court sponsors of S. 1028, a bill to provide in­ funds that are not obligated or expended at the end of the fund's fiscal year for the pur­ recognized that its decision created the creased access to heal th care benefits, pose of funding the essential air service pro­ possibility of serious disruptions in the to provide increased portability of gram under such subchapter shall be made way pension assets were managed. As health care benefits, to provide in­ available to the Federal Aviation Adminis­ such, it commented that problems aris­ creased security of heal th care bene­ tration for use in improving rural air safety ing from the decision should be ad- fits, to increase the purchasing power 31566 CONGRESSIONAL RECORD-SENATE November 7, 1995 of individuals and small employers, duct a hearing Tuesday, November 7, at 1995, for purposes of conducting a sub­ and for other purposes. 2:30 p.m., hearing room (SD-406), to re­ committee hearing which is scheduled s. 1181 ceive testimony from Dr. Phillip A. to begin at 9:30 a.m. The purpose of At the request of Mr. STEVENS, the Singerman, nominated by the Presi­ this hearing is to consider S. 1371 , the name of the Senator from Nebraska dent to be Assistant Secretary of Com­ Snowbasin land exchange bill, to ex­ [Mr. EXON] was added as a cosponsor of merce for Economic Development, De­ change certain lands in Utah; S. 590, a S. 1181, a bill to provide cost savings in partment of Commerce; and Rear Adm. land exchange for the relief of Matt the medicare program through cost-ef­ John C. Albright, National Oceanic and Clawson; S. 985, to exchange certain fective coverage of positron emission Atmospheric Administration, nomi­ lands in Gilpin County, CO; and S. 1196, tomography (PET). nated by the President to be a member to transfer certain National Forest s. 1233 of the Mississippi River Commission. System lands adjacent to the townsite At the request of Ms. MIKULSKI, the The PRESIDING OFFICER. Without of Cuprum, ID. name of the Senator from Illinois [Mr. objection, it is so ordered. The PRESIDING OFFICER. Without SIMON] was added as a cosponsor of S. COMMITTEE ON INDIAN AFFAIRS objection, it is so ordered. 1233, a bill to assure equitable coverage Mr. SMITH. Mr. President, I ask and treatment of emergency services unanimous consent that the Commit­ ADDITIONAL STATEMENTS under heal th plans. tee on Indian Affairs be authorized to s. 1340 meet during the session of the Senate At the request of Mr. DASCHLE, the on Tuesday, November 7, 1995, at 10 CASINO GAMBLING SURGES IN names of the Senator from Wyoming a.m., in room 485 of the Russell Senate THE UNITED STATES, TEMPTING [Mr. THOMAS] and the Senator from Building to mark up S. 1341, the MORE TEENAGERS Utah [Mr: HATCH] were added as co­ Saddleback Mountain-Arizona Settle­ ment Act of 1995, a bill to transfer cer­ • Mr. LUGAR. Mr. President, I ask sponsors of S. 1340, a bill to require the that the attached article be printed in President to appoint a Commission on tain lands to the Salt River Pima-Mar­ icopa Indian Community and the city the RECORD. Concentration in the Livestock Indus­ The article follows: try. of Scottsdale, AZ, and immediately fol­ lowing the mark up to conduct a hear­ [From the Christian Science Monitor, Feb. s. 1370 ing on S. 1159, a bill to authorize a Na­ 17, 1994] At the request of Mr. CRAIG, the tional American Indian Policy Infor­ CASINO GAMBLING SURGES IN UNITED STATES, name of the Senator from Kentucky mation Center. TEMPTING MORE TEENAGERS [Mr. MCCONNELL] was added as a co­ The PRESIDING OFFICER. Without (By David Holmstrom) sponsor of S. 1370, a bill to amend title objection, it is so ordered. A new gambling industry survey indicates 10, United States Code, to prohibit the that casino gambling has grown explosively COMMITTEE ON THE JUDICIARY in the United States. imposition of any requirement for a Mr. SMITH. Mr. President, I ask member of the Armed Forces of the Four years ago, only two states---New Jer­ United States to wear indicia or insig­ unanimous consent that the Commit­ sey and Nevada-offered casino-style gam­ nia of the United Nations as part of the tee on the Judiciary be authorized to bling. Now, 23 states offer the roll of dice and meet during the session of the Senate spinning roulette wheels. Another dozen military uniform of the member. on Tuesday, November 7, 1995, at 10 states are considering legislation approving a.m. to hold a hearing on contingency casinos. NOTICE OF HEARING fee abuses. According to the survey by Harrah's Casi­ The PRESIDING OFFICER. Without nos and the polling firm Yankelovich Part­ COMMITTEE ON ENERGY AND NATURAL ners, the number of " household" visits to ca­ RESOURCES objection, it is so ordered. sinos has almost doubled since 1990. In 1993, Mr. MURKOWSKI. Mr. President, I SELECT COMMITTEE ON INTELLIGENCE the number of visits was 92 million, up from would like to announce for the infor­ Mr. SMITH. Mr. President, I ask 46 million visits in 1990. (A "household" ma tion of the Senate and the public unanimous consent that the Select visit, as defined in the survey, averages out Committee on Intelligence be author­ to Ph persons from the same family.) that a hearing has been scheduled be­ Spokesmen in the industry now define fore the Energy and Natural Resources ized to meet during the session of the gambling as " entertainment" and refer to it Committee to review the decisionmak­ Senate on Tuesday, November 7, 1995, as the " new American pastime" because the ing process of the Department of the at 2:30 p.m. to hold a closed briefing on number of people visiting casinos last year Interior in preparing and releasing the intelligence matters. outnumbered total attendance at major U.S. Geological Survey [USGS] 1995 es­ The PRESIDING OFFICER. Without league baseball games. "The experience we timates for the 1002 areas of the Arctic objection, it is so ordered. want guests to have at a casino is enjoyment in an atmosphere that is not intimidating National Wildlife Refuge [ANWR]. SPECIAL COMMITTEE TO INVESTIGATE but memorable," says Bala Subramanian, The hearing will take place on Tues­ WHITEWATER DEVELOPMENT AND RELATED MATTERS corporate director for marketing informa­ day, November 14 at 9:30 a.m. in room tion and planning for the Memphis-based SD-366 of the Dirksen Senate Office Mr. SMITH. Mr. President, I ask Promus Company, the parent company of Building in Washington, DC. unanimous consent that the Special Harrah's. Those wishing to testify or submit Committee to Investigate Whitewater Casino gambling, for years legal only in written statements should write to the Development and Related Matters be Nevada, has grown rapidly as states, cities, Committee on Energy and Natural Re­ authorized to meet during the session and Indian tribes have turned to gambling to sources, U.S. Senate, Washington, DC of the Senate on Tuesday, November 7, try to generate economic development and 1995, to conduct a hearing pursuant to jobs. Dozens of tribal reservations across the 20510. For further information, please US now offer casino gambling, and riverboat call Kelly Johnson or Joe Meuse at Senate Resolution 120. casino gambling is legal in six states along (202) 224-6730. The PRESIDING OFFICER. Without the Mississippi. objection, it is so ordered. Estimated casino revenue for 1993 is $12.9 SUBCOMMITTEE ON FORESTS AND PUBLIC LAND billion, up from $8.3 billion in 1990. The AUTHORITY FOR COMMITTEES TO MANAGEMENT Harrah's survey compiled results from a MEET Mr. SMITH. Mr. President, I ask questionnaire developed by Home Testing In­ COMMITTEE ON ENVIRONMENT AND PUBLIC unanimous consent that the Sub­ stitute on Long Island, N.Y. , and mailed to WORKS 100,000 households. From that mailing, 18,600 committee on Forests and Public Land casino players were identified. Their re­ Mr. SMITH. Mr. President, I ask Management of the Committee on En­ sponses were then combined with responses unanimous consent that the full Com­ ergy and Natural Resources be granted from 2,500 adults in an annual national sur­ mittee on Environment and Public permission to meet during the session vey of American values and attitudes by Works be granted permission to con- of the Senate on Tuesday, November 7, Yankelovich Partners. November 7, 1995 CONGRESSIONAL RECORD-SENATE 31567 Even though 51 percent of the adults in the country which has a reputation for its neighbors in the Middle East and survey said casino gambling is " acceptable toughness. To anyone who encountered has been the enduring foundation of for anyone," the acceptance percentage de­ him, it was immediately evident that the long, traditional friendship be­ clined by 4 percentage points from Harrah's his overriding concern was for the se­ tween Israel and the United States. 1992 survey. The 1993 survey attributes this decline to casino referendums in southern curity of his fellow countrymen. As one of the founders and defenders states that caused heated public debate He was born into the small commu­ of the independent State of Israel, as about gambling. nity of Jews in Palestine, which later its Prime Minister, and most of all as Critics of gambling say its rapid growth in formed the core of the nascent State of a devotee of democracy, Yi tzhak Rabin the US has a dark side, particularly among Israel. He went on to play a key role in personified the process that made pos­ youngsters and teenagers. "Kids today have the war of independence; commanded sible the progress toward peace in the grown up in an atmosphere where gambling the army that unified the city of his Middle East. He also understood how is promoted by the state, churches, and syn­ birth; served in key Government posts; violence could threaten both the proc­ agogues, and the availability of it is every­ where," says Tom Cummings, director of the and, in perhaps his finest hour, he drew ess and the peace-just moments before Massachusetts Council on Compulsive Gam­ upon the lessons of half a century of he was shot he spoke against violence, bling. defending his people to pursue the pa th which he said had recently taken, in "We are getting more and more calls from of peace which promises to secure the his words, "* * * A shape which dam­ desperate high schools asking us to put on future of the nation he helped create. ages the framework of fundamental programs to help kids deal with gambling." Yitzhak Rabin's ability to distill the values of Israeli democracy.'' A council study of the effects of illegal gam­ fundamental choices facing his nation It was that framework of democratic bling on 3,000 students found that 32 percent was a quality born of his unique experi­ values the assassin was out to de­ of students who do not gamble said they felt ence as a soldier and a statesman. He their refusal to partake in it was not normal. stroy-and it is designs of just such ''There was tremendous peer pressure on articulated in stark terms the reasons antidemocratic violence which Israel them to gamble," Mr. Cummings says. why Israel's long-term security hinged and the friends of Israel must deny in In 1992, some 280,000 teenagers were denied on the success of the peace process. He memory of Yi tzhak Rabin. entrance to Atlantic City casinos, and an­ viewed the status quo as unacceptable, I believe that we have already begun other 29 ,000 were led out of the casinos. because it meant continued violence to erect that memorial. I believe that Harrah's Casinos has implemented " Project into the indefinite future and possibly this assassination, as deeply as it has 21 " to keep underage gamblers out of casinos the eventual loss of Israel's Jewish shaken us personally, will serve to re­ by stopping them at the doors or ejecting character. He saw that possibility them once inside. inforce the bonds of friendship between A second program, " Operation Bet Smart," clearly and he believed Israel had to re­ Israel and the United States. I believe includes posters around casino floors saying: ject it in favor of a path of enlightened that we will summon the resolve to "Know when to stop before you start." self-interest-pursuing an agreement successfully complete the unfinished Harrah's president, Phil Satre, told the Na­ on the basis of land for peace, preserv­ journey on the path of peace embarked tional Press Club in Washington recently: ing Israel's Jewish character, achieving upon by Yitzhak Rabin. I believe that " Just like car manufacturers build safety de­ normalcy with long-hostile neighbors, his last and greatest gift to his people, vices into new automobiles, responsible ca­ and securing Israel's long-term surviv­ to all the peoples of the Middle East, sino operators must take action on the issue ability. of problem gambling. * * * We are not in and to the entire world will come to business to capitalize on compulsive behav­ Mr. President, many are now sug­ pass, and he will not have died in vain. ior. We are in the business to entertain our gesting that this terrible assassination And I will remember him as a friend, customers." was the isolated act of a madman. I as a great soldier and statesman-and The problem is that gamblers lose money, wish it were true. But I think that all not as a man who lost his life to vio­ Cummings says, " and that is millions and of us know better. lence, but as a man of peace who re­ millions of dollars diverted out of the main­ This act was not perpetrated in a newed the life of his Nation.• stream economy. Somebody has to lose all vacuum. It occurred against a back­ that money."• drop in which a culture of hate and vio­ (At the request of Mr. DASCHLE, the lence was being promoted actively by following statement was ordered to be people who should have known better AMENDING THE PERISHABLE AG­ printed in the RECORD.) and behaved more responsibly. The ex­ RICULTURAL COMMODITIES ACT treme rhetoric was not confined to Is­ Mr. CRAIG. Mr. President, I ask rael. Unfortunately, some in this coun­ unanimous consent that the Agri­ THE ASSASSINATION OF YITZHAK try added their voices to the alarmist culture Committee be discharged from RABIN cries. further consideration of H.R. 1103 and • Mr. BIDEN. Mr. President, I rise There is a lesson in this for all of us. the Senate proceed to its immediate today to express my deep sorrow, my For while words alone do not kill, they consideration. shock, and my anger over the cowardly can encourage others to do so. Those The PRESIDING OFFICER. Without assassination of Prime Minister who employed hyperbolic rhetoric for objection, it is so ordered. Yitzhak Rabin. the sake of political gain must bear The clerk will report. Yitzhak Rabin will be remembered as some measure of responsibility for cre­ The bill clerk read as follows: a man of extraordinary courage and ating a climate in which a cold-blooded A bill (H.R. 1103) to amend the Perishable unusual vision who lived in a time assassination could be contemplated as Agricultural Commodities Act, 1930, to mod­ when both of these traits were scarce. a patriotic and pious act. ernize, streamline, and strengthen the oper­ I first met Yitzhak Rabin when I I hope that those who irresponsibly ation of the Act. called on Prime Minister Golda Meir stoke the fires of hatred will use this The Senate proceeded to consider the during my first visit to Israel in 1973. slaying of a great man to look deeply bill. As two individuals who shared a com­ within themselves and change their Mr. CRAIG. Mr. President, I ask mitment to Israel's well-being, our ways. unanimous consent the bill be deemed paths crossed on numerous occasions Mr. President, this is in many ways read a third time and passed, the mo­ over the course of the next 23 years. I Israel's most difficult and emotionally tion to reconsider be laid upon the saw him for the last time in October wrenching hour since her creation 47 table, and that any statements relating when he came to Washington to com­ years ago, because the assassin's bullet to the bill be printed at the appropriate memorate the 3,000th anniversary of was aimed not only at Yitzhak Rabin place in the RECORD . King David's entry into Jerusalem. but also directly at the very heart of The PRESIDING OFFICER. Without Yitzhak Rabin was a man who did the democratic process in Israel. It is a objection, it is so ordered. not mince words-a quality which commitment to democracy that has The bill (H.R. 1103) was deemed read earned him the respect and trust of a distinguished the Israeli nation from three times and passed. 31568 CONGRESSIONAL RECORD—SENATE November 7, 1995

ORDERS FOR WEDNESDAY, ADJOURNMENT UNTIL 9:30 A.M. DAVIDR. FINK,xxx-xx-x... GARRYT .HICKS,xxx-xx-x... NOVEMBER 8, 1995 TOMORROW RICHARD D. KING, xxx-xx-x... PAUL J. MADSON, xxx-xx-x... Mr. CRAIG. Mr. President, I ask Mr. CRAIG. Mr. President, if there is DELILAH R. MORGAN, xxx-xx-x... unanimous consent that when the Sen- no further business to come before the PAUL T. PEROVICH,xxx-xx-x... DENNIS S.SARKISIAN,xxx-xx-x... ate completes its business today, it Senate, I ask unanimous consent the KARL E. SCHRICKER, xxx-xx-x... stand in adjournment until the hour of Senate stand adjourned under the pre- GEOGE R. SKUODAS, xxx-xx-x... TIMOTHY B. WOJESKI, 9:30 a.m. on Wednesday, November 8; vious order. xxx-xx-x... that following the prayer, the Journal There being no objection, the Senate, MEDICAL SERVICE CORPS of proceedings be deemed approved to at 6:52 p.m., adjourned until Wednes- To be lieutenant colonel date, no resolutions come over under day, November 8, 1995, at 9:30 a.m. SANDRA L. DARULA, xxx-xx-x... the rule, that the call of the calendar BIOMEDICAL SCIENCE CORPS be dispensed with, the morning hour be To be lieutenant colonel deemed to have expired, the time for NOMINATIONS DAVID B. MORRISON, the two leaders be reserved for their Executive nominations received by xxx-xx-x... use later in the day, and the Senate the Senate November 7, 1995: MEDICAL CORPS then immediately resume consider- PANAMA CANAL COMMISSION To be lieutenant colonel ation of H.R. 1833, with Senator SPEC- ANTHONY B. BASILE, MARKOS K. MARINAKIS, OF NEW YORK, TO BE A MEM- xxx-xx-x... MARSA L. MITCHELL, TER to be recognized as under the pre- BER OF THE BOARD OF THE PANAMA CANAL COMMIS- xxx-xx-x... JOSEPH M. PASCUZZO, vious order. SION, VICE JOHN J. DANILOVICH. xxx-xx-x... The PRESIDING OFFICER. Without IN THE ARMY NURSE CORPS objection, it is so ordered. THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER To be lieutenant colonel FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE SALLY A. JONES, GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS xxx-xx-x... PHILLIP W. UNDERWOOD, 3385, 3392, AND 12203(A): xxx-xx-x... To be major general DENTAL CORPS PROGRAM BRIG. GEN. STANHOPE S. SPEARS, xxx-xx-x... To be lieutenant colonel Mr. CRAIG. Mr. President, under a IN THE AIR FORCE NORA E. TOWNSEND, xxx-xx-x... previous consent agreement, at 9:30 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED IN THE NAVY a.m. tomorrow, Senator SPECTER will STATES OFFICERS FOR PROMOTION IN THE RESERVE OF make a motion to commit the bill, THE AIR FORCE UNDER THE PROVISIONS OF SECTIONS THE FOLLOWING NAMED U.S. NAVAL RESERVE OFFI- 12203 AND 8379, TITLE 10 OF THE UNITED STATES CODE. CERS, TO BE APPOINTED PERMANENT LIEUTENANT IN THE LINE OF THE U.S. NAVY, PURSUANT TO TITLE 10, H.R. 1833, an act to ban partial-birth PROMOTIONS MADE UNDER SECTION 8379 AND CON- UNITED STATES CODE, SECTION 531: abortions. The majority leader has an- FIRMED BY THE SENATE UNDER SECTION 12203 SHALL BEAR AN EFFECTIVE DATE ESTABLISHED IN ACCORD- To be lieutenant, line, USN, permanent nounced that the vote on the motion to ANCE WITH SECTION 8374, TITLE 10 OF THE UNITED commit will not occur prior to 12:30 to- STATES CODE. BRIAN G. BUCK, xxx-xx-x... JOHN M. COONEY, LINE xxx-xx-x... morrow. Senators can therefore expect GREGORY S. KASHOUTY, xxx-xx-x... rollcall votes during Wednesday's ses- To be lieutenant colonel KENDALL 0. SMITH, xxx-xx-x... PRESTON H. SPAHR III, xxx-xx-x... sion. MONKIA K. BOTSSCHNER, xxx-xx-x... ERIC M. VAN METER, xxx-xx-x...