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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION Vol. 141 WASHINGTON, WEDNESDAY, JUNE 21, 1995 No. 102 Senate (Legislative day of Monday, June 19, 1995) The Senate met at 9 a.m., on the ex- ter nomination. If cloture is not in- this had been pending on the Senate piration of the recess, and was called to voked the Senate will resume consider- floor for months and months, which is order by the President pro tempore ation of S. 440, the highway bill. not the case. It is barely a little over 2 [Mr. THURMOND]. I just suggest that Members can ex- weeks. pect votes. We hope to complete action f PRAYER on the highway bill today. I understand NOMINATION OF HENRY W. FOS- The Chaplain, Dr. Lloyd John there are only one or two major TER, JR., TO BE MEDICAL DIREC- Ogilvie, offered the following prayer: amendments and many others are in TOR IN THE REGULAR CORPS OF A contemporary rendering of the 23d the process of being worked out, or THE PUBLIC HEALTH SERVICE Psalm provides a prayerful confession may not be offered. of faith as we begin this day: AND TO BE SURGEON GENERAL f The Lord is my strength, I shall not OF THE PUBLIC HEALTH SERV- panic; EXECUTIVE SESSION ICE He helps me relax and rest in quiet The PRESIDING OFFICER. The trust. clerk will report. DEPARTMENT OF HEALTH AND He reminds me that I belong to Him The assistant legislative clerk read HUMAN SERVICES and restores my serenity; as follows: He leads me in my decisions and gives The PRESIDING OFFICER (Mr. The nomination of Henry W. Foster, Jr., of me calmness of mind. INHOFE). Under the previous order, the Tennessee, to be Medical Director in the His presence is peace. Senate will now go into executive ses- Regular Corps of the Public Health Service, Even though I walk through the valley sion to proceed to the consideration of subject to qualifications therefor as provided of the fear of failure, the nomination of Dr. Henry W. Foster, by law and regulations, and to be Surgeon I will not worry, for He will be with Jr., of Tennessee, to be Medical Direc- General of the Public Health Service, for a me. term of 4 years. His truth, grace, and loving kindness tor in the Regular Corps of the Public Health Service, and to be Surgeon Gen- Mrs. KASSEBAUM addressed the will stabilize me. Chair. He prepares release and renewal in the eral of the Public Health Service, on The PRESIDING OFFICER. The Sen- midst of my stress. which there shall be 3 hours of debate. He anoints my mind with wisdom; Mr. DOLE. Mr. President, the time ator from Kansas. My cup overflows with fresh energy. will be under the direction of the chair- PRIVILEGE OF THE FLOOR Surely goodness and mercy will be man of the committee, Senator KASSE- Mrs. KASSEBAUM. Mr. President, communicated through me, BAUM, and the ranking Democrat mem- first I would like to ask unanimous For I shall walk in the strength of my ber, Senator KENNEDY. consent that Dr. Jim Wade, a Robert Lord, and dwell in His presence I just want the RECORD to reflect be- Woods Johnson Fellow of the staff of forever. fore the debate starts that this nomi- the Committee on Labor and Human Amen. nation came on the calendar on May 26. Resources, be allowed the privileges of f That was followed by a recess. It was the floor during the consideration of RECOGNITION OF THE MAJORITY June 5 when we came back. This Sen- the nomination. LEADER ator and Dr. Foster tried to get to- The PRESIDING OFFICER. Without gether in 1 week. He was not available. objection, it is so ordered. The PRESIDENT pro tempore. The The next week I was not available. But Mrs. KASSEBAUM. Mr. President, able majority leader is recognized. the RECORD should reflect that it has the Senate is now considering the nom- f only been really since June 5 to June ination of Dr. Henry W. Foster, Jr., to SCHEDULE 21. be Surgeon General of the United Mr. DOLE. Mr. President, this morn- So there has not been any delay as States. At noon today, the Senate will ing leader time has been reserved. far as bringing the nomination to the vote on the motion to invoke cloture, The Senate will meet in executive floor. There was a lot of research and which would limit debate on this nomi- session to begin 3 hours of debate on investigation done prior to the hearing. nation. the nomination of Dr. Foster. But I listened to some comments last Mr. President, I oppose this nomina- At 12 noon, or right around 12 noon, night on television. I had the impres- tion, for reasons that I will briefly ex- there will be a cloture vote on the Fos- sion that many in the media thought plain, but I will vote for cloture so that ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S8721 . VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8722 CONGRESSIONAL RECORD — SENATE June 21, 1995 the Senate can make a clear-cut deci- ter has a sincere, genuine concern for outstanding nominee, one that has sion on Dr. Foster’s nomination. While young people and is deeply committed demonstrated his qualifications well, I respect the right of any Senator to to helping them. reported out of the committee, and engage in extended debate on any However, the record also is clear that that the Senate in its own way ought issue, I have long believed that nomi- the I Have a Future Program has never to have the opportunity to express nations should be dealt with in a direct shown significant success in reducing itself. fashion. My practice has been to oppose teenage pregnancy. In fact, evaluations Quite frankly, the fact that we are filibusters on nominations and I will produced in 1992 and in 1994 raise seri- going to vote for cloture in order to be oppose one on this nominee, even ous questions about whether this pro- able to get to the nomination I do not though I do not support Dr. Foster’s gram has had unintended consequences think is the way we ought to be consid- confirmation. by increasing sexual activity among its ering the nomination. I do not think it This nomination has been embroiled participants. is fair to Dr. Foster, and it is not fair in controversy from the outset due to If anything, the I Have a Future Pro- to the American people, who want to the fact that, as an obstetrician-gyne- gram demonstrates the extreme dif- have an outstanding doctor as the Sur- cologist, Dr. Foster has performed ficulty, the extraordinary resources, geon General. abortions. That fact has become a bat- and the potential risks involved in ef- It continues to be my position, and I tle cry for those on both sides of the forts to deal with teen pregnancy. Far think for most persons, that this is not abortion issue. from being a model for a national cru- the fair way to treat this nomination. When the Committee on Labor and sade, it is instead a warning sign to us It is not the fair way to treat an indi- Human Resources considered this nom- all to proceed with caution on this vidual who has gone through the proc- ination, I said that Dr. Foster deserved matter. ess with great dignity, great patience, to be judged on his whole record, not In both his testimony to the com- great grace, great strength, and dem- on a single issue. I have weighed the mittee and in response to written fol- onstrated a knowledge and an ability full record and concluded that I cannot lowup questions, Dr. Foster has been and a strong commitment to do the job support Dr. Foster’s nomination. unwilling to come to grips with the dif- of Surgeon General. Given the troubled term of Dr. ficult, fundamental questions raised in I think those who have pointed out Joycelyn Elders, it was clear to me, evaluations of this program. I am trou- there are other forces at work here are and it should have been clear to the ad- bled by this unwillingness. A Surgeon correct. This really is an issue that in- volves, I believe, a woman’s right to ministration, that the next Surgeon General must have not only a good choose, and the issue of privacy, the General needed to be someone who im- heart, which Dr. Foster certainly has, question of the doctor who is going to mediately could reestablish the credi- but the ability to ask hard questions be Surgeon General is going to face a bility and nonpolitical authority of and demand solid answers rooted in litmus test on the issue of abortion be- this office. fact and in science. fore being able to be confirmed. When But political it has become, and Mr. President, are we asking too all is said and done, Mr. President, that many Americans, including me, wonder much of the Surgeon General of the is really the issue that is out there. Dr. why we need a Surgeon General if he or United States? If, indeed, this is a posi- Foster is entitled to a vote.
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