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

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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. He is enti- she is going to be caught up in point- tion of importance to us in this coun- tled to a vote up and down, and the less rhetorical controversies that do try, I think not. We need the strongest American people are entitled to a Sur- nothing to address the critical health possible leadership for our Nation’s geon General who understands and re- issues facing our Nation. public health concerns. And I do not spects the right of privacy, the con- The Surgeon General’s main role is believe Dr. Foster is that nominee. stitutional right of a woman’s right to to speak to the entire Nation on health Therefore, I will vote against his con- choose. issues in ways that both enlighten and firmation. Now, I listened carefully during the challenge us. I believe that Dr. Foster I yield the floor, Mr. President. course of the hearings. There are those cannot effectively perform that role, Mr. KENNEDY. Mr. President, I yield who have talked about this, and we largely because his own credibility and myself 7 minutes. will have a chance during the course of authority was undermined at the very Mr. KENNEDY. Mr. President, I wel- this debate this morning to hear many start of the nomination process. come the opportunity for the Senate to of our colleagues who want to speak on Despite his many strengths, I believe have a chance to express itself on the it, as we should hear from them. But Dr. Foster is the wrong person to step nomination of Dr. Foster. nonetheless, when the bottom line is into this badly damaged office at this There was some comment earlier drawn, that is the underlying issue. We time. about the fact that Dr. Foster has been will hear about the Tuskegee study. We On top of this overarching concern, I on the calendar for a very limited pe- will hear about sterilization. We will have serious reservations about this riod of time and a question why there talk about the number of abortions. We nomination when it is weighted solely should have been so much concern will talk about the I Have a Future on Dr. Foster’s own merits, particu- about the consideration of Dr. Foster. Program, but you cannot get away larly his willingness to provide strong The principal reason for that is be- from the fact that this extraordinary leadership on difficult issues. cause leaders in the Senate indicated individual for 38 years has devoted My concern about Dr. Foster’s lead- they were going to use their power, himself to the well-being of needy peo- ership goes to the heart of this nomina- such as that of the majority leader, to ple in our society. tion—his supervision and direction of not even consider the nomination that How many other doctors would leave the I Have a Future Program, which had been reported out of the Labor and the hallowed halls of great institutions the administration and Dr. Foster him- Human Resources Committee, and and go down and serve in the most un- self have made the centerpiece of his there are others who indicated that derserved part of America, the poorest nomination. they were going to use the rules of the area of America. This is a baby doctor, In his opening statement to the com- committee in order to raise a higher delivering 10,000 babies over the course mittee, Dr. Foster talked about the barrier, higher hurdle, for the nominee of time. I do not even recognize the success of this program and his desire to go over in order to be approved for nominee from the descriptions that to lead a national crusade to deal with the position of Surgeon General. many of our colleagues who are op- the critical problem of teenage preg- So there has been a great deal of con- posed to Dr. Foster would use. nancy in this country. cern, and I think that the over- How many would spend their time The I Have a Future Program is not whelming majority of the American not only delivering babies in some of without merit and undoubtedly has people, certainly those who watched the most difficult circumstances and changed the lives of some young people the consideration in the hearings for then devote their lives to training for the better. Dr. Foster should be the time that Dr. Foster testified, had young people? commended for his efforts in working to feel that the issue of fairness was in We will hear what was the effect of to create a worthwhile program. There play here; that Dr. Foster had been the I Have a Future Program. It was is no question in my mind that Dr. Fos- nominated by this President, really an good enough for President George Bush

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8723 to give it an award—good enough for The PRESIDING OFFICER. The Sen- tell you, as a member of something that. Where were those voices then who ator’s time has expired. called the National Medical Society— are complaining about this program Mr. KENNEDY. I yield to the Senator because the AMA would not let Afri- now? They were silent. Why? Because from Maryland 5 minutes. can-American doctors in—his own President Bush identified this as a pro- Ms. MIKULSKI. Good morning, Mr. peers, if they knew that he knew about gram trying to make a difference. President. the Tuskegee study, he would have We will hear that program flyspecked The PRESIDING OFFICER. The Sen- been shunned and ostracized in his own on the floor of the Senate, but what ator from Maryland. community. They would not have made you will not hear are those young Ms. MIKULSKI. Mr. President, I rise him the dean of the medical school at voices. You will not see the eyes of this morning to lend my voice and my one of the most distinguished, histori- those young people on the floor of the vote to the nomination of Dr. Henry cally black colleges in the United Senate. You will not be able to shake Foster to be Surgeon General of the States of America. their hands, as many of us have done, United States of America. Then they will talk about the fact and hear them say, ‘‘Dr. Foster made a This morning I will be pleased to that in a study that he did—not major difference in my life. He has vote for Dr. Henry Foster to be the hysterectomies that he performed— given me real hope. I am staying in Surgeon General of the United States. mentally retarded girls were involved. school. I am going on in school. I am Why? When I look at Dr. Foster, I see There will be the issue of parental con- abstaining.’’ a man who meets my criteria for the We will hear, ‘‘Well, did the informa- sent. Dr. Foster will tell you there was Surgeon General of the United States. parental involvement. Now, are we tion really emphasize abstinence? He has competence. He has character. When was it printed?’’ going to dispute that? Well, his peers He has commitment. He brings bedrock in Nashville did not dispute it. You are missing the point. How many values and the right professional cre- Then the medical society, when they other doctors have really attempted to dentials to the office of the Surgeon finally admitted African-Americans lead the country to try to do some- General. thing about the problems of teenage He is truly a leader, a man who leads after all those years, they made him pregnancy? How many others have by example. He leads by example in the the head of the bioethical committee. tried to keep our young people in way he has lived his life, both person- So who should judge who Dr. Foster school, as Dr. Foster has done? And ally and professionally. Dr. Foster has is? Is it the U.S. Senate, who has only how many have been a source of inspi- dedicated his life to improving people’s gotten to know him or the people who ration, as he has? health, particularly the health of have known him for 38 years in his own I daresay, Mr. President, when you women and children, and most often medical profession? look at his commitment, when you the health of those who are without I say, let us go back home and talk look at his dedication, he could have health care, those who have been left to the people who knew Henry Foster, taken that medical diploma and been out, those who have been pushed aside, and they will tell you how he stands. on easy street today. He did not have those who have been down and out. to go through this process. He could Now, Dr. Foster’s character. Dr. Fos- When Dr. Foster returned from the have a good, solid income and be living ter served as a captain in the U.S. Air U.S. military, he could have gone to a in the best areas and communities of Force. He brought character and com- lucrative practice somewhere in the any city in this country. But he dedi- petence, as I said, to that job. When he North and would have gone on to make cated himself to the people who are left served willingly in the military, his behind in our society, those without. a great medical contribution and, I am character and competence were never And he was recognized by the Institute sure, would have made a lot more fi- questioned. So why should we question of Medicine as a leader of his field. nancial profit for his family. But he it now? He willingly served in the U.S. Does anybody understand how you get chose to go to the South. And to the military. America wanted him then. selected by the Institute of Medicine, South he went. And he reached out his And I say America wants him now. one of the most prestigious and impor- very able hand to those in a segregated They want him to be the Surgeon Gen- tant academic achievements? Because health care system that needed a doc- eral. of his record, because of his commit- tor and needed a medical helping hand. The Surgeon General’s office is orga- ment. He has served on ethical panels That is who Dr. Foster is. He is a nized on a military model—‘‘Surgeon in his own State. He has assumed every qualified professional bringing com- General.’’ And I believe that he will kind of position of leadership and dis- petence as a clinician, a medical ad- lead a campaign, a campaign against tinction because of extraordinary serv- ministrator, and a scholar in residence teenage pregnancy, a campaign against ice. And he has been recognized by now. For 38 years, he has been a re- infectious disease. The Surgeon Gen- some of the most important charitable spected member of his own medical eral will show that the triad for health organizations because of that leader- community. He has been a medical pro- care in the United States is prevention, ship. fessor and then even a dean of a med- primary care, and personal responsi- The Carnegie Foundation, that does ical school. He will bring great knowl- bility. And that is the kind of cam- so much work in terms of poor chil- edge and expertise to the Surgeon Gen- paign Dr. Foster will lead. dren, recognized his program. They re- eral post. I believe he will serve with But while he is a great clinician, he viewed it. He asked for help and assist- distinction. brings old-fashioned values. As a com- In the debate, we will hear things ance, technical help and assistance. munity leader in Nashville he did vol- about the Tuskegee study, the famous And when he asked for technical help untary work in his own community, study done on the issue of syphilis in and assistance, those who are opposed serving on boards, including the March which African-American men did not to him say, ‘‘Take that letter. Look, he of Dimes, to lead the fight against know that they were being experi- really didn’t know what he was doing birth defects. We have all heard a lot mented on in his own country. You will because he asked for technical help and about how he has been a driving force also hear about how Dr. Foster partici- assistance.’’ It is the most convoluted behind the teenage pregnancy program, pated in a study on hysterectomies and rationale for opposition to this nomi- I Have a Future. He won a point of how some of the people involved were nee. light for that. I hope he will be more mentally retarded. Mr. President, this nominee by train- than a point of light for the United ing, tradition, concern and conviction But let me tell you about that. There States of America. I Have a Future is a man who can serve this country, is is much going to be said, what did Dr. stresses to the teens the importance of a man who has been dedicated to Foster know and what did Dr. Foster abstinence. youth, is a man who has been an out- do? standing researcher in sickle-cell ane- In that area of the Tuskegee study, Mr. President, I ask for 2 additional mia and infant mortality and perinatal Dr. Foster told the committee that he minutes. kinds of diseases. He is a man who can knew nothing about that Tuskegee Mr. KENNEDY. Two minutes. serve as Surgeon General with distinc- study until years later. Now, that will Ms. MIKULSKI. I ask unanimous tion, and I hope he will be approved. be disputed here this morning. I will consent for 2 additional minutes.

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8724 CONGRESSIONAL RECORD — SENATE June 21, 1995 The PRESIDING OFFICER. Without Judge Thomas, when he was up for The PRESIDING OFFICER. The Sen- objection, so ordered. confirmation for the Supreme Court of ator’s time has expired. Ms. MIKULSKI. I Have a Future the United States—now Justice Thom- Mr. KENNEDY. Mr. President, what stresses to teens the importance of ab- as—would have been foreclosed from is the time that is remaining? stinence and self-esteem and teaches confirmation had the same procedure, The PRESIDING OFFICER. The time teens to say ‘‘no’’ to teenage preg- the same tactic been employed in re- remaining on your side is 71 minutes nancy, and ‘‘yes’’ to abstinence, per- verse. Judge Thomas was confirmed to and 84 minutes 31 seconds on the other sonal education and jobs. We see under be Justice Thomas by a vote of 52 to 48. side. that program fewer teens getting preg- Had there been an ideological battle, Mr. KENNEDY. I yield 5 minutes to nant and more young people going to Justice Thomas would not have re- the Senator from Rhode Island. college. ceived 60 votes, and he would not have The PRESIDING OFFICER. The Sen- Dr. Foster has dedicated his life to been confirmed. I suggest that this is a ator from Rhode Island is recognized giving people chances, giving women very, very bad precedent, if we are for 5 minutes. the chances to have healthy babies, going to start fighting ideology on the Mr. PELL. Mr. President, I thank my giving babies the chance to have floor of the U.S. Senate when it comes friend and colleague from Massachu- healthy childhoods, and giving the to the confirmation of someone who is setts and rise in strong support of the teens a chance to have a successful fu- before this body. nomination of Dr. Henry Foster to be ture. Now, Mr. President, we know that in Surgeon General. While I am delighted I say let us give Henry Foster a last November’s election, there was a that the day of debate has finally ar- chance. Let us give him a chance. He is sea change by the American people. rived, I must say how unfortunate I both a man of the mind and a man of And we now have a new look in the find it that Dr. Foster’s nomination the heart. He is a man of the medical Congress of the United States. But I may be resolved—not by the will of the community and is involved in his own think it is important for Senators on majority—but by the minority rule community and the kind of leader and both sides of the aisle to focus on the permitted under the Senate’s cloture distinguished public servant our coun- fact that there was nothing in the Con- rule, which was invoked here even be- try needs. I look forward to his tenure tract With America on a woman’s right fore there was any debate. as the next Surgeon General. I hope we to choose. There was nothing in the I have long believed that every Presi- will not deny him his day in the U.S. Contract With America on the subject dent deserves great deference in the Senate by hiding behind a parliamen- of abortion. There was nothing in the choice of nominees, provided that the tary maneuver. Contract With America that is legiti- individual is qualified for the position Mr. President, I yield such time as I mately raised here in the consideration for which he or she has been nomi- might have left. of the nomination of Dr. Henry Foster. nated. And because of that belief, I Mr. KENNEDY. Mr. President? have—over the years—cast votes for I yield 5 minutes to the Senator from And I suggest, Mr. President, that if nominees for whom I had little enthu- Pennsylvania. this body is going to become embroiled The PRESIDING OFFICER. The Sen- on this constitutional issue, a woman’s siasm. This is not the case today. ator from Pennsylvania. right to choose, a medical procedure Today I can enthusiastically cast my Mr. SPECTER. I thank the Senator sanctioned by the Supreme Court of vote for Dr. Foster, after having met from Massachusetts. Mr. President, in the United States, we are not going to him, talked with him, and listened to my view, as a matter of basic fairness, be able to attend to our core respon- him carefully during 2 full days of tes- Dr. Henry Foster is entitled to his day sibilities. timony before the Senate Labor and in court. He is entitled to a vote on the What the 104th Congress was elected Human Resources Committee. merits without having a filibuster fore- to do is to reduce the size of Govern- I believe that Dr. Foster is a man of close an up or down vote. ment, to cut spending, to balance the substance, who has worked very hard The real challenge in this matter is budget, to lower taxes, to have effec- all his life to achieve an unselfish kind whether Dr. Foster is disqualified from tive crime control, and have strong na- of success. Dr. Foster was raised in the being Surgeon General of the United tional defense. It is true that this issue rural South at a time of intense seg- States because he has performed abor- has come to the floor under a limited regation, enduring those indignities tions, a medical procedure lawful under time agreement. But when this body with the kind of dignity, intelligence, the Constitution of the United States. takes up the question of abortions on and vision that enabled him both to see This should not be a matter which is military bases, we will be discussing that he could achieve something im- debated on the floor of the U.S. Senate that for days, weeks, or perhaps portant in his life—and to do it. He with respect to Dr. Foster’s confirma- months. This is not the kind of issue speaks eloquently of his father’s teach- tion. But that happens to be the fact of that ought to embroil the Congress of ings of the value of education and hard the matter. All of the other issues are the United States, the Senate of the work, and he has clearly incorporated red herrings. Dr. Foster acquitted him- United States. The constitutional law those values into everything he has self brilliantly in his testimony before has been established in the building done throughout his life. the committee. I met with Dr. Foster across the green by the Supreme Court Dr. Foster’s credentials alone render extensively, examined his record, and of the United States and the opinion him a qualified candidate for Surgeon there is no question but on the merits written by three Justices appointed by General. A practicing obstetrician-gyn- he is well qualified to be Surgeon Gen- Republican Presidents. We ought not ecologist for 38 years, he is also a med- eral of the United States. allow this ideological issue to obscure ical educator who has devoted much of But the sole issue which confronts the underlying question as to whether his professional life to reducing infant his confirmation today is that he has Henry Foster is qualified to be Surgeon mortality and preventing teen preg- performed abortions, a medical proce- General of the United States. nancy. He has served as both dean of dure lawful under the Constitution of If we become embroiled in these mat- the school of medicine and acting the United States. We have to remem- ters, we will not be doing the job that president of Meharry Medical College, ber, Mr. President, that it is not Roe we were sent to do in the 104th Con- and has been the recipient of many versus Wade, the Justice Blackmun gress. I urge my colleagues to set aside awards and honors—too numerous to opinion of 1973, which governs here ideology, to recognize the constitu- mention here—ranging from induction today but it is the decision of the Su- tional right of a woman to choose and into the Institute of Medicine to re- preme Court of the United States in not to disqualify this nominee because ceiving a Thousand Points of Light Casey versus Planned Parenthood, he is carrying out a medical procedure Award from President Bush for his I written by three Justices appointed by which is authorized under the Con- Have a Future Program that promotes Republican Presidents. And the matter stitution. Cloture ought to be invoked, self-esteem and positive choices among ought not to be a partisan issue here. I and this man ought to have his day in at-risk teens. suggest, Mr. President, that it is a very court, ought to have his day in the But it is true that qualifications bad precedent if there is to be a fili- Senate on the merits, and if that is alone may not be sufficient for a per- buster based on ideology. done, I believe he will be confirmed. son to hold a position of leadership and

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8725 trust in our Government. Especially who has served his country, his com- it is. Here is a doctor in Tennessee with a position attracting as much at- munity with great distinction over who, on his own initiative, went out tention as Surgeon General, it is im- four decades. It saddens me deeply that and said, ‘‘I think I will roll up my portant that the person appointed be we are going to be engaged in a proce- sleeves and try and do something about an example of the best that our coun- dural approach to deny this individual it.’’ And so he tries, and he has great try has to offer. a straight up-or-down vote on his nom- success, I point out. An overwhelming Mr. President, from what I have ination, that you have to produce now majority of these kids have completed learned about Dr. Foster, I believe that 60 votes in order to be confirmed as high school, many have gone on to col- he is such a person. In addition to ex- Surgeon General of the United States, lege, trying to get their lives straight- cellent academic and leadership quali- for an individual who, as everyone now ened out setting an example of how you fications, Dr. Foster has traveled an knows, has been recognized by his Gov- can achieve success, deferring the admirable path, in the early years for- ernor, by a former President of the gratification that too many youngsters feiting a life of wealth in a more com- United States of the majority party for in this country do not understand or fortable setting to return to his roots— his contribution. appreciate the benefits of avoiding. this time to poor, rural Alabama—to As I said, we should be celebrating So this individual does that, is in- help an underserved population that his life and his contribution, rather volved in a variety of community ac- needed his care. Since then, Dr. Foster than making him the subject of ridi- tivities over the years, and receives has helped train the minds and influ- cule. I am just deeply saddened that it one of President Bush’s points of light. ence the careers of hundreds of has come to this, that we are engaged Lamar Alexander asks him to head up Meharry Medical College students, in procedural maneuverings. an infant mortality program in the many of whom have followed in his Let me put it bluntly, this is not State. And then an American President footsteps. about Dr. Foster. We are engaged in says, ‘‘Would you serve as a Surgeon While Dr. Foster’s life and career Presidential politics. That is what this General and come up here and see if we have not been without their controver- is about. This is not a question of cannot come up with a national pro- sial moments, there are few, if any, in- whether or not Dr. Foster deserves to gram to deal with this issue?’’ Here is dividuals of prominence and principle be confirmed as the Surgeon General of a man who was the first African-Amer- in this country who have not experi- the United States. This is a game of ican to be in medical school in Arkan- enced such moments in life. I have re- one-upmanship, in my view, and that is sas years ago, who struggled against viewed carefully the information avail- what it comes down to. Frankly, he is all of the problems associated with able to me about those times in Dr. being used as a pawn in this process to being an African-American through the Foster’s life and have asked him about advance the particular political agenda 1940’s and 1950’s and 1960’s, who served others. I am satisfied that Dr. Foster of candidates for an office that will not his country in uniform. He comes has told the truth about the discrep- be decided for 18 months in this coun- through this process and all of a sud- ancies that arose shortly after his try. Anyone who suggests otherwise, I den he goes through this wringing, nomination was announced, and I be- think, has not been around here in the wrenching process because he happens lieve that his actions can be explained last number of weeks. to be an obstetrician-gynecologist, one in the context of the times and the na- This is a highly qualified individual, of 35,000 of them in the country, who ture of his work. Mr. President. No one denies the fact has performed abortions, a legal proce- I have been most impressed by the the White House did not handle this dure. terribly well, but it is not the White strong support Dr. Foster has received Obviously, there are those who dis- House that is up for confirmation this from the medical community, from agree with abortion. Are we saying morning. It is Dr. Henry Foster. Be public health and social service advo- here this morning that anybody out angry at the White House if you want, cates, and from individuals in my State there who is an obstetrician-gyne- suggest they might handle the process and around the country—including sev- cologist better never come forward and in a more efficient manner, but do not eral Rhode Islanders who have con- try to seek a position in the Federal make Dr. Foster the victim of that tacted me to say that they personally Government, particularly a confirm- criticism, however legitimate it may know and admire Dr. Foster. I hope able position; do not even think about be. that the U.S. Senate will look fairly at it? the man himself and consider carefully This is an individual, as I mentioned, I heard the other day from people his story, his dreams, his vision for the who gave four decades of his life to when I asked them whether or not they country, and his qualifications. I feel helping others and could have easily would be willing to step forward and confident that it we do that, we will just retired, enjoyed the comforts that seek a position. I talked to young peo- confirm the nomination of a person of his profession might offer him through ple and said, ‘‘Would you ever think compassion, humor, and dedication, whatever financial remuneration he about serving your Government if whom I believe deserves the chance to might receive, rather than stepping asked to serve?’’ They laughed. There serve his Nation as the next Surgeon forward and to accept the position of was uproarious laughter when I sug- General. Surgeon General of the United States. Mr. KENNEDY. Mr. President, I yield The President has identified a very gested it. Two got up and said, ‘‘What 5 minutes to the Senator from Con- critical and important issue, and that did Dr. Foster go through? Do you necticut. is teen pregnancy. Dr. Foster has run a think I would ever be willing to go The PRESIDING OFFICER. The Sen- program in Tennessee called I Have a through that process?’’ ator from Connecticut is recognized for Future. That program has its difficul- We better think twice about what we 5 minutes. ties. Our distinguished chairperson of are doing when we drag people like this Mr. DODD. Mr. President, I thank my the Labor Committee has identified through the mud and deny them an op- colleague and the chairman of the com- some areas where she thinks the suc- portunity to serve. No sound-thinking mittee. Let me say briefly, Mr. Presi- cess of the program has not been as person having witnessed what this man dent, that first of all, I strongly sup- strong as it could be. That may very has gone through would step forward. port this nomination. I believe Dr. well be the case. I am not even going to We are doing great damage by engaging Henry Foster is not only deserving of a argue about that. The point is, and I in a cloture motion here. Let us vote Senate vote but also deserving of an af- say it with all due respect, at least he this man up or down. If you do not like firmative vote, confirming him as Sur- is trying, he is trying to do something him, vote against him, but do not deny geon General of the United States. And about it. him the opportunity to receive, I it should be done so with a note of cele- Programs have been tried and failed think, the majority of votes he would bration. across this country, but people step up receive in this body, and let him do his It is, I think, a low moment for the and try to do something about a plague job as Surgeon General. We do not do U.S. Senate that we are going to be en- in our Nation—and that is kids having ourselves proud by going through a gaged in a couple of cloture votes on kids. Every American citizen in this process like this. this nomination. This is an individual country knows what a serious problem Mr. President, I yield the floor.

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8726 CONGRESSIONAL RECORD — SENATE June 21, 1995 Mr. KENNEDY. Mr. President, I yield dramatically. And that has a great deal they either knew or should have known myself 20 seconds. We have the mem- to do with abortion. There are a lot of that his Presidency was going to mean bers of the committee that were here things we do not know, but we do know a bigger Government. It was going to this morning prepared to debate these that girls, as well as boys, who com- mean more spending. It was going to issues that have been raised. We have plete high school are much less likely mean more taxes. It was going to mean read about them in the newspapers, we to become pregnant and become teen- more decisions made in Washington have heard about them on radio, and age parents. and fewer decisions made around the we have watched them on television. There are 1 million teenage preg- kitchen table. It was going to mean, on We believe they have been answered. nancies in this country, 400,000 of political appointments, that liberals We are prepared to debate. which end up in abortions. He could were going to be nominated. I hope we are not going to be in the have ducked that. He could have been Let me say, Mr. President, we have situation where we are using up our home watching television. He could considered hundreds of Clinton nomi- time in the last hour and we do not have gone to the country club and nees. I am not aware of one who rep- have an opportunity because we have played golf instead of working with resented my philosophy or my values. those who want to speak and advocate teenagers. And he cared. We have an Yet, with the exception of a small for Dr. Foster. We have had now close opportunity to nominate someone and handful of those nominees, I have ei- to 45 minutes, and I have other Sen- to approve someone who cares. ther voted for them or I have allowed ators eager to address the Senate in Dr. Foster, if you are listening and them to pass without a vote. Why? Be- support of this. We are trying to deal viewing this somewhere, let me tell cause I think philosophy alone is not with these issues. We are here and we you that this is not a judgment on you grounds for voting against confirma- want to debate this. This is enor- that is being made in the U.S. Senate. tion of any nominee, including Dr. Fos- mously important. You can be proud of your record; your ter. So I hope that we can at least engage family can be proud of your record; What I have tried to do is to set out and respond. I think the American peo- your profession can be proud of your three criteria for considering a nomi- ple want that. This is a very, very im- record; your country can be proud of nee: No. 1, is the nominee competent portant matter. There have been a lot your record. What we are doing is mak- for the position? No. 2, is the nominee of charges made. We are prepared to re- ing a judgment about the U.S. Senate, credible? Can you believe what the spond to them. But we do not want to about whether we have the courage to nominee says? Is the nominee trust- be unfair to Dr. Foster by denying the do what is right. I am sure the chair- worthy in his or her career? No. 3, are opportunity for our colleagues here woman would agree with me on this. the nominee’s views—in the case of Bill that are interested in this in the Sen- There was not a single member of the Clinton—mainstream Democrat Party ate, and certainly the American people, committee who listened to his testi- views of the type that the American who are paying attention to this de- mony that did not come away very people could have believed, could have bate, to be able to make the case for much impressed by Dr. Foster. If peo- known, or could have been expected to have known would be reflected in the him. ple had not taken positions prior to his people that Bill Clinton—as they would Mrs. KASSEBAUM. Mr. President, if testimony, he would be overwhelm- have known him and perceived him in I may respond to the ranking member, ingly approved here. We are judging the Senator from Massachusetts, there the 1992 election—would nominate? ourselves. It is on the basis of these three cri- are many Members on our side, of Senator SPECTER mentioned Justice teria that I oppose the Foster nomina- course, members of the committee, as Thomas when he was up. Senator KEN- tion and will resist the nomination well as others, who do wish to respond. NEDY and I were on the Judiciary Com- with my colleagues. It is on the basis Many could not be here until between mittee and strongly opposed him. TED of that opposition, on these three cri- now and 10 o’clock. So it, unfortu- KENNEDY did not get up here and try to teria, that we are going to have two nately, appears that your side is using have a filibuster. PAUL SIMON did not votes on cloture. I hope and believe more time than ours. I will do the best try to have a filibuster. We let the that those cloture motions will be de- that I can to encourage Members to process work. That is what we ought to feated, and that the Foster nomination come to the floor because time is going do. That is what we ought to do in fair- will not go forward. by. Many have wanted to give, and will ness to Dr. Foster, but it is also what Let me start with competence. Dr. give, some very strong statements. we ought to do in fairness to the proc- Foster has held two important posi- I yield the floor. ess, in fairness to the U.S. Senate. tions in his career that have been Mr. KENNEDY. I yield 5 minutes to I hope we do the right thing, and the pointed out as his qualifications for the Senator from Illinois. right thing is to let us make a judg- this office. No. 1, Dr. Foster was the Mr. SIMON. Mr. President, I thank ment whether or not he should serve as head of Meharry Medical College’s ob- my colleague, Senator KENNEDY, for Surgeon General of the United States. stetrics-gynecology residency program. the time and also for his leadership I yield the floor. During his tenure as head of that de- here. Mr. DODD. Is there some event going partment, that program lost its accred- Strangely, the issue of abortion is on that the other side does not want to itation. dominating our consideration. Here is show up this morning on this? I do not believe that is a strong rec- an obstetrician/gynecologist who has Mr. KENNEDY. I yield myself a cou- ommendation. I do not believe Dr. Fos- delivered over 10,000 babies and was in- ple of minutes. I thought we were sup- ter’s record of having allowed the de- volved in 39 abortions, some of which posed to meet at 9 o’clock, in any partment, under his leadership, to lose he was just the supervising physician, event, to go over the job training—— its accreditation, is a qualification to where his name is on record. If he is Mr. DODD. Hark, hark, I hear the hold a position which, in essence, is a confirmed, there will not be one addi- roar of an angel here. The magic words position as America’s physician. In tional abortion in this country because and the doors open. We may now get that position he would oversee the he is a Surgeon General of the United some time on the other side. presentation of reports and would actu- States—maybe less, but not more. I say Mrs. KASSEBAUM. I yield 15 min- ally make substantive decisions that ‘‘maybe less’’ because I concur com- utes to the Senator from Texas. would be binding on other members of pletely with what Senator DODD had to Mr. GRAMM. Mr. President, I thank the Government. say about the I Have a Future Founda- the distinguished chairman for yield- Mr. KENNEDY. Will the Senator tion. ing. I rise in opposition to the Foster yield? Here is a distinguished physician who nomination. Mr. GRAMM. I will not yield. I would took an interest in teenagers in a pub- Elections have consequences. I think be happy to yield when I finish. If you lic housing project, and the statistics democracy is based on the principle want to yield on your time, Senator are squishy because they move in and that when the American people go to KENNEDY, I would be happy to yield on out. But there is one statistic no one the polls and vote, that vote has an im- your time, but I only have 15 minutes. questions, which is that the dropout pact on government. I think when the No. 2, Dr. Foster served as director of rate for these young people changed American people voted for Bill Clinton, the I Have a Future Program. In the

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8727 stated mission is, to ‘‘address the bur- suit involving quotas and set-asides on fications, and based on how her views geoning problem of adolescent preg- the side of quotas and set-asides, after compared to the views of candidate Bill nancy.’’ That is the stated goal of the a series of appointments of people who Clinton in 1992, I strongly opposed her program. hold radical views, today, no one is sur- nomination. But this was early in the We have heard repeatedly Dr. Fos- prised. process. We did not know what she ter’s leadership in this program stated Let me read four brief statements would be like as a Surgeon General, as a qualification for being Surgeon that in 1992, as candidate for President, and so no one prevented the vote. General. Now, on two occasions, and Bill Clinton said. No. 1, ‘‘I want the We now have seen a disastrous tenure only two occasions that I am aware of, American people to know that a Clin- by Joycelyn Elders. We have seen a there were evaluations of this program. ton administration will put their val- tenure that has divided the country. In both evaluations, the 1992 evalua- ues into our social policy at home;’’ And I do not believe that we should tion and the 1994 evaluation, evidence, No. 2, ‘‘I want an America where fam- confirm a candidate for Surgeon Gen- that was in no way challenged by the ily values live in our actions, not just eral whose views are identical to people who were running this program, in our speeches;’’ No. 3, ‘‘The thing Joycelyn Elders’ in nearly every way. was clearly presented that showed the that makes me angriest about what’s We made a mistake on Joycelyn El- program had failed to produce any gone wrong in the last 12 years is that ders by not denying a vote on her nom- change in adolescent pregnancy among our Government has lost touch with ination. That was a mistake I, for one, the people who were involved in the our values while our politicians con- was determined not to make again. program as compared to the people who tinue to shout about them;’’ and fi- Now, I believe that this is a nominee were not involved. nally, ‘‘We offer our people a new who is wrong for this job. If there is In both evaluations, any difference in choice based on old values.’’ one position in Government that ought pregnancy rates that existed—appar- Now, some people have said this is a to be easy to fill, it ought to be Sur- ently a slightly higher level in the first debate about abortion. To some extent, geon General. The duty of Surgeon study, a slightly lower level in the sec- it is a debate about abortion. But it is General is to use moral suasion on pub- ond study—were considered statis- a debate about radical views on abor- lic health issues. The duty of the Sur- tically insignificant. In neither case tion that were held by Joycelyn Elders geon General is to unite the Nation in did these two evaluations find any sta- and that are held totally and com- promoting good public health. And tistically significant difference in teen pletely by Dr. Foster. that ought to be an easy thing to do be- pregnancy rates among people in this The view that, No. 1, we should not cause nobody is opposed to good public program. have parental notification for minors, health. On the two major positions that Dr. a view that the vast majority of Amer- Surely, there must be one physician Foster has held—the head of a depart- ican people do not share. A view that in America who voted for Bill Clinton, ment of a medical school which lost its abortion on demand should everywhere who supports him, who shares his views accreditation under his leadership, and be the rule and the guiding principle, as stated in the campaign, who could a program funded by charitable con- even in late abortions, even in those do that job. Unfortunately, Dr. Foster tributions which did not, in either cases where States, today, are trying is not such a nominee. I oppose his study reporting on its achievements, to exercise their legitimate rights nomination. I have determined, along achieve its goal—I do not believe that under the Webster decision. I do not be- with my colleagues, to vigorously op- any private personnel firm in America lieve those views represent traditional pose it, to require that there be a vote would have recommended Henry Foster American values. I do not believe they on ending debate. For the sake of sav- for a position in the private sector of represent the will of the American peo- ing the time of the Senate, we have the economy, based on these two fac- ple. And, finally, let me read one little agreed to a procedure to vote on it not tors, or would have ever come forward quote which tells the whole story, from once but twice so certainly no one can with his name as someone qualified to the ‘‘I Have A Future, Family Life say they did not get the opportunity to be Surgeon General. Module Staff Manual’’ from September end this debate. But I oppose this nom- I am not going to get into the credi- 1994, which was sent by the White ination. This is the wrong person with bility issue because it will be discussed House to the committee as a summa- the wrong views for the wrong job. I at length by my colleagues. On vir- tion of the work of Dr. Foster on this think we can serve the public interest tually every issue, from the number of program. Let me read one quote. by saying ‘‘no.’’ I think ‘‘no’’ is the abortions he performed, to whether or Values are neither good nor bad. They are right answer. I am confident we are not it was standard practice to have in- the way you feel. going to say it. voluntary sterilization of mentally in- Values are neither good nor bad. They are I thank my colleague for yielding me competent people, to the very nature of the way you feel. the time and I yield back my time. the I Have a Future Program, or from That in no way represents in any de- The PRESIDING OFFICER. The Sen- the simple question of whether Dr. Fos- gree the statements that Bill Clinton ator from Massachusetts. ter had ever had a malpractice suit or made throughout his 1992 campaign. Mr. KENNEDY. Mr. President, I been the subject of litigation, on al- The Foster nomination is a nomination would like to yield myself just a most every subject which was raised in of a person who does not represent the minute. Does the Senator from Texas the hearing, in almost everything traditional values of the American peo- understand why the accreditation was which has been debated, in almost ple and a person whose views are rad- lost during that period of time? Does every issue that has come from the ical as compared to theirs and outside the Senator understand? Has he had an White House or come from Dr. Foster, the mainstream that could have been opportunity to review the record and there has been a consistent credibility expected of Bill Clinton when he was a see the excellent exchange between Dr. problem. candidate in 1992. FRIST and Dr. Foster on the issue of ac- Now, I want to get to the real reason Final point: Why filibuster? Why not creditation that responds to that point that I am opposed to this nomination. bring this up for just a simple vote and that the Senator has made? We have two good reasons that any- let the majority rule? The Founders, in Mr. GRAMM. I have had an oppor- body could be opposed to it. I oppose it setting the rules of the Senate, felt tunity to look at that. But I think the for those reasons. But the real reason I that if a determined minority had fact remains, whatever you are going oppose it is, the American people would strong views that in order to shut off to say about an individual and about have had no reason to believe that the debate, it would require a super- his efforts, when you are talking about Bill Clinton running for office in 1992 majority. That provision has been used promoting a person to be the Nation’s who became President would have ap- on numerous occasions by both parties chief physician, it is not a qualifica- pointed such a person. They would and, by and large, it has served the in- tion under any circumstance to say have every reason to believe it today. terests of the public well. When that under his stewardship his depart- In 1995, after Joycelyn Elders, after Joycelyn Elders was nominated by the ment at his medical school lost its ac- gays in the military, after the Clinton President, based on her record, based creditation. No matter how or why or Justice Department has entered every on her credibility, based on her quali- what the circumstances, I do not think

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8728 CONGRESSIONAL RECORD — SENATE June 21, 1995 anybody would say that is a qualifica- what his real position is or how many one funding the I Have a Future Pro- tion. Nor do I believe that his I Have A abortions he performed because there gram. This is what they say: Future Program, when the only two has been such a variance in what he By 1994, a significant proportion of the evaluations that were ever done, to the has reported and what he has said. I young people who received ‘‘I Have a Future best of my knowledge, showed it had can remember when his name first Services’’ showed improvement on several absolutely no statistically significant came up and there was an article writ- measures of success, compared to a control group. The Corporation has worked with effect on the objective it sought, ten in the Washington Post quoting Meharry Medical College in developing the should be considered a qualification. him, quoting the White House, saying program, and Meharry has been responsive Mr. KENNEDY. Mr. President, I yield he had performed one abortion in his to recommendations for ways to improve the time to myself. I wish the Senator had career. research design and the curriculum. The a chance to review the record, because Then, on February 3, 1995, the De- Meharry team has courageously and the issue of accreditation was ad- partment of Health and Human Serv- thoughtfully tackled an important and dif- dressed very credibly by Senator FRIST, ices released a statement by Dr. Foster ficult problem. ‘‘I Have a Future’’ should talking about exactly what happened, which stated, ‘‘I believe that I have have useful lessons to impart to others at- tempting to enhance the life options of the loss of patients and the change of performed fewer than a dozen preg- young people caught in adverse cir- demography there and the leadership nancy terminations.’’ This was a state- cumstances. that was provided by Dr. Foster. ment by Dr. Foster. There being no objection, the mate- These are the kinds of issues that Then, back on November 10, way rial was ordered to be printed in the have been reviewed and re-reviewed back in 1978, Dr. Foster, as a member RECORD, as follows: and re-reviewed. I think having his of the Department of Health, Edu- comments about that and putting that cation and Welfare Ethics Advisory [From the Carnegie Corporation of New York, May 3, 1995] in perspective has certainly responded Board, is recorded in an official Gov- to this kind of a charge. ernment transcript saying, ‘‘I have I HAVE A FUTURE I think we have gone through the done a lot of therapeutic abortions, Carnegie Corporation of New York funded the ‘‘I Have a Future’’ program from its in- issue—I will yield myself 30 more sec- probably near 700.’’ ception in 1986. ‘‘I Have a Future’’ is a life onds—about I Have A Future. At least The documentation of that is HEW options program addressing the multiple Dr. Foster tried and he was given an Ethics Advisory Board Meeting, Fri- risks that many young people face in adverse award by the President of the United day, November 10, 1978, Seattle, WA, circumstances—the risk of school failure States, George Bush. I did not hear the page 180. The White House first claimed leading toward dropping out, the risks of complaints about that program at the that the transcript was not genuine but early pregnancy, the risks of drug abuse, and time when President Bush was identi- later admitted its authenticity. the risk of delinquency. The program takes a comprehensive, prob- fying it. There is a solid record that Dr. Foster initially claimed the tran- lem-solving approach to the underlying fac- they reduced the dropouts, continued script was inaccurate, that he did not tors involved in high-risk behaviors. It education, and went on to successful make the statement nor did he do what works to enhance young people’s self-esteem, careers. the statement said, but later he said he positive feelings toward family members, I do not know whether the Senator did not remember making the state- and a sense of responsibility toward their had a chance to meet with many of ment. community. It urges them to pursue their those who came through the program At about the same time, in November education through high school and beyond 1980, OB/GYN News published a story and tries to give them a real sense of future of I Have A Future, because they came possibilities. here and spoke to Members of the Sen- regarding a study conducted on behalf The program combines many of the ele- ate who were prepared to meet with of Upjohn Pharmaceuticals by Dr. Fos- ments that researchers and practitioners them, to talk about exactly the kind of ter at Meharry Medical College in agree are found in successful intervention difference that Dr. Foster had made in Nashville to develop an abortion pill programs for high-risk youth. These include their lives. based on the chemical prostaglandin. individualized attention, collaboration with The PRESIDING OFFICER (Mr. Dr. Foster has admitted that he was other community agencies, staff with spe- the research director of a clinical study cialized training, social skills training that KYL). The Senator from Missouri. helps adolescents both resist negative peer Mr. ASHCROFT. Mr. President, I in which 55 chemical abortions and 4 influences and adopt health enhancing be- yield the junior Senator from Okla- surgical abortions were performed on haviors, peer support, the involvement of homa 5 minutes. women participating in the study. Ap- parents, career/life planning, and opportuni- The PRESIDING OFFICER. The Sen- pearing on ABC’s ‘‘Nightline’’ Program ties for community service. ator from Oklahoma is recognized. on February 8, 1995, Dr. Foster stated By 1994, a significant proportion of the Mr. INHOFE. I thank my colleague he was the physician of record in 39 young people who received ‘‘I Have a Future for yielding a few minutes here. abortions since 1973, since Roe versus Services’’ showed improvement on several Mr. President, I was not planning to measures of success, compared to a control Wade. He stated that the number of 39 group. The Corporation has worked with speak on this nomination today but did not include any of the 59 performed Meharry Medical College in developing the while presiding for an hour and listen- as a part of the study noted above since program, and Meharry has been responsive ing to some of the debate that has while he supervised the trial he did not to recommendations for ways to improve the taken place, I felt compelled to do so personally perform these abortions. research design and the curriculum. The because I think there is a misunder- So, Mr. President, to me regardless of Meharry team has courageously and standing as to why some of us are whether your feelings are about abor- thoughtfully tackled an important and dif- going to be opposing the nomination of tions—again, I am pro-life—the fact is ficult problem. ‘‘I Have a Future’’ should Henry Foster. have useful lessons to impart to others at- that either his memory is very bad or tempting to enhance the life options of I disagree with my friend, the Sen- he has a habit of saying things that are young people caught in adverse cir- ator from Pennsylvania, Senator SPEC- not true. The inconsistencies are in- cumstances. TER, when he said that abortion is the controvertible. I agree with my friend This is the Carnegie Corp. They are sole issue. Abortion is not the sole from Texas. But I think it is one more the ones who have done the evaluation. issue in this nomination. I happen to very significant reason to vote against This is their bottom line. be pro-life. It would be an issue with the nomination of Henry Foster; and, I withhold the rest of our time. me if it were the sole issue, but it is that is, he says things that are not Mr. President, I yield to the Senator not. The issue here in my opinion is true. from Louisiana 2 minutes. credibility. I want to make it abun- So, Mr. President, I wanted to clarify The PRESIDING OFFICER. The Sen- dantly clear, when I vote against the why I will be opposing the nomination ator from Louisiana is recognized for 2 nomination of Henry Foster to be Sur- of Henry Foster. minutes. geon General, it is not because of his I yield the floor. Mr. BREAUX. Mr. President, I thank pro-abortion stand, or the abortion Mr. KENNEDY. Mr. President, I ask the Senator for yielding. issue. It is his credibility. unanimous consent to put in the Mr. President, my colleagues, in con- I suggest that we recall—I do not RECORD the report of the Carnegie Cor- sidering the confirmation of a Presi- think anyone in this Chamber knows poration of May 3, 1995. They are the dential nominee I think that we as

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8729 Members of the Senate have an obliga- considerable extent of some who are So I hope that the Senate will have tion to vote on the merits of the nomi- providing leadership. I think crucifying the courage to rise above the obvious nee’s qualifications. I intend to vote someone to enhance someone else’s attempt to crucify Dr. Foster for the for cloture so that we can vote on the Presidential ambitions is a sorry sight, sake of partisan Presidential politics. merits of this nomination later. indeed, to see happening on the floor of It is wrong. It should not be a part of I have differed with some of the the supposedly deliberative body that this process. And I hope the Senate will President’s nominees. In fact, I voted makes up the U.S. Senate. rise to the occasion and enough Mem- against President Clinton’s previous I guess the feelings about abortion of bers on that side of the aisle will recog- nominee for Surgeon General. I feel this Senator are somewhat legendary nize that despite some reservations very strongly that the Senate should in this body. I suspect that Dr. Foster they might have, and in some cases le- not hide behind procedural votes that and I do not see eye to eye on the mat- gitimately so, the right way to proceed present the question of the nominee’s ter of abortion. But despite the many on this is to stop the filibuster, invoke qualifications from even coming up. We pronouncements to the contrary, I be- cloture, and then let the Senate adopt should have the courage to bring the lieve any reasoned, seasoned interest of by majority vote its will. For the Sen- nomination up, debate his qualifica- the U.S. Senate would recognize and ate to adopt a majority vote under its tions, and then vote ‘‘yes’’ or ‘‘no’’ on realize that in all too many cases votes will will require some help from the the merits. I realize that there are dif- will be cast one way or other on this Republican side of the aisle. We do not ferences of opinion among our col- nomination driven by one’s feelings or have enough votes on this side. pressure groups on abortion. leagues on this nominee, and indeed, on Mr. President, I thank my friend what the proper role of the Office of Having said that, I probably do not agree directly with Dr. Foster on abor- from Massachusetts, and I yield the the Surgeon General should be. This I floor. would suggest should be debated and tion, but I still say that all of the abor- decided by a vote of the Senate on the tions that he has been involved in, as Mr. ASHCROFT addressed the Chair. merits. near as I can tell, are fully legal. He The PRESIDING OFFICER. The Sen- I have met with Dr. Foster in my of- has broken no law of the United States ator from Missouri. fice and discussed his views and also of America. He has broken no laws of the professional organizations to wish Mr. ASHCROFT. Mr. President, his past practices. He has family con- thank you very much. nections to my State of Louisiana, and he is a very prestigious member. I sat down with Dr. Foster in a one- I found him to be a very sincere person. Today we face a set of questions. on-one meeting not long ago. I came I think, Mr. President, that the Senate They are serious questions. They are away from that meeting convinced owes the President and this nominee a questions of procedure, of principle, that here is a family physician that I vote on his qualifications and not just questions of candor and questions of would like to have being the family a vote on whether to even bring it up. credibility, for today we begin a debate physician of my family. not only about the qualifications of an Mr. President, I yield the floor. How then could I not vote to support Mr. KENNEDY. I yield 5 minutes to individual to serve as Surgeon General his nomination even though we might but about the terms under which that the Senator from Nebraska. not agree on all issues? He is a very de- The PRESIDING OFFICER. The Sen- debate will take place. It is a debate cent human being. He is an under- ator from Nebraska is recognized. neither easily resolved nor easily lim- standing human being. He has the bed- Mr. EXON. Mr. President, I thank my ited. Neither is it a debate to be taken side manners, if you will, of what most friend and colleague from Massachu- lightly. of us would think of as a family physi- setts, and I thank the Chair. cian. There are those who have said that Mr. President, this Senator has been He is very much concerned about the the Surgeon General’s office is an of- serving the Senate now for 17 years falling morality in this country. No fice of just a handful of people, that representing my people of the great one has spoken out more effectively, in takes up less than $5 million of the tax- State of Nebraska and in speaking for my view, than Dr. Foster with regard payers’ money and therefore does not them I have tried to support the wishes to out-of-wedlock births and what we deserve the scrutiny that it has been of the Presidents of the United States are going to do about it. Certainly given. from all different parties whomever there has been some confusion with re- I disagree. The office of Surgeon Gen- they wish to place in their key posi- gard to some originating statements tions. I have not always done so, be- eral speaks with enormous influence that came out of the White House early and persuasion. Power of the position cause I think everyone should be in the nomination process. But there looked at on an individual basis. lies not in its legislative authority but are few among us who have never made in its ability to influence both the tone Like the Senator from Louisiana who some mistakes, made some errors. I do just spoke, this Senator voted against and the content of our national con- not think any of those mistakes or er- versation concerning some of the most the last nomination by President Clin- rors on the part of Dr. Foster were in- ton for the position that is now being profound challenges that we face. And tentional or plotted or designed to mis- today the office of Surgeon General is debated with regard to Dr. Foster. I lead. I think he made some mistakes. never as long as I have been here have in serious need of repair. It is an office Who of us has not made some mis- that has been discredited by the reck- taken part in a filibuster to try to takes? thwart the will of the majority of this less agenda and the damaging state- It seems to me, Mr. President, that ments of its last occupant. body and the elected President of the we in the Senate have an obligation to United States, whether that President have a majority vote, if you will, on What we really need now, what we be a Democrat or a Republican, to go nominees for important high office need today, is a Surgeon General of im- the filibuster route and thwart the will sent to us for confirmation by the peccable credentials and unquestion- of the majority of this body. President of the United States. So I able credibility. We need a national Mr. President, it seems to this Sen- will vote for cloture. doctor who commands the confidence ator that the debate on the Foster I think it is somewhat discouraging of the people and who can unite us in nomination has simply deteriorated that by and large Dr. Foster is being tackling our most pressing pathologies. into a series of pronouncements by his crucified on the altar of Presidential When you need a doctor, you need opponents as to how they have come to politics; that we are even having a fili- someone that you can trust; you need principled reasons for voting against buster and a cloture vote. But I do not someone of reliability; you need some- him. object to the right of my colleagues, one of consistency. You do not want to I may be wrong. But it is the opinion mostly on the other side of the aisle, go back with the same symptoms and of this Senator that Dr. Foster is being who choose this route. That is within get a different diagnosis in each visit. crucified on the altar of Presidential their right. I think it is not playing You do not want to have a different politics, pure, and simple. That is not fair with Dr. Foster or a qualified prescription. You need the confidence what all of the opponents of Dr. Foster nominee sent us for confirmation by of knowing that what is said is what is are thinking in my mind. But it is to a the President. believed and what will be followed.

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8730 CONGRESSIONAL RECORD — SENATE June 21, 1995 We have pressing challenges. We have Dr. Foster’s leadership. In fact, the credibility of this nomination, a credi- pressing pathologies. They are press- only brochures that could be located bility which was not sustainable and ing. Whether it is the continuing regarding abstinence were brochures believable as it related to the number scourge of cancer, the crisis of drugs, written, published, and printed after of abortions conducted, was not sus- or the tragedy of illegitimacy, the Dr. Foster’s nomination and after the tainable or believable about the qual- problems are apparent and yet the so- controversy over Dr. Foster’s so-called ity and nature of the studies, was not lutions are not so apparent. abstinence program began. sustainable or believable about the im- There are those in this administra- Dr. Foster was introduced to the pact on young people. tion who look at these problems and American people as a man behind the As we consider a vote to decide say that the only solution is to accom- program touted as preventing teen whether or not we are going to have a modate people in their problems. To pregnancies. President Clinton called complete, open and full debate on this teens in the back seat of a car they it an unqualified success. nominee or whether or not we are would say, ‘‘Better use a condom’’ Well, it turns out, according to its going to cut off debate rather quickly, when they should be saying ‘‘Stop. Get own data, participants were more like- these revelations point toward more out; change your way of living.’’ To ad- ly to have had sex than nonpartici- debate, more scrutiny, more exposure, dicts on the street, they would say, pants, and that contraceptive use was not less. For it seems the more we ‘‘Better use a clean needle,’’ when they not increased among those who were probe, the more we discover, and never should be saying, ‘‘Stop. Get help; participants as compared to those who in this nomination have we found that change your way of living.’’ We do not were nonparticipants. the initial representations were sup- need those who would say, ‘‘How can Maybe President Clinton was half ported by the evidence or the facts. It we help you in a lifestyle which is right in calling the program an un- is always that the additional revela- threatening your health and the health qualified success. It certainly was not a tions somehow contradicted what the of the American people?’’ What we do success, but it was unqualified in terms marketing by this administration had need are people and leaders who will of helping these young people, for more been. appeal to us at our best, who will ap- of the young people had been involved Dr. Foster is a decent man who peal to the better angels of our nature, in sexual activity who participated in should be commended for his dedica- not seek to accommodate the basest of the program than those who never even tion and service to a desperately needy human desires. We need leaders who participated in the program. And ac- population. I do not think anyone will agree with the great English writ- cording to the reports promulgated or would contradict that. But his nomina- er and thinker G.K. Chesterton who published by the program itself, the tion is more than a matter of person- wrote, ‘‘What is wrong is that we do words of the report say that there was ality, it is about standards of credi- not ask what is right.’’ no statistically significant difference bility and integrity, and it is about the We should be seeking to ask every in- in pregnancy rates between those par- belief in what things will remediate dividual, especially those faced by seri- ticipating in the program and those the pressing pathologies of our society. ous health challenges, how can we not participating in the program. It is about an exceptional situation avoid these health challenges? How can And as Dr. David Murray of the non- where an office has been discredited by we provide a healthy Nation by having partisan research group STATS, stat- an individual, our last Surgeon Gen- the kind of consistent approach to be- ed: eral, who discredited not only the of- havior that will improve substantially The program’s statistical results do not fice but the administration that she where we are? support the notion that pregnancy preven- served. It is about this nomination, and Frankly, there is not a lot that is tion or even lowering the risk of pregnancy this consideration is a debate about right with this nomination. Initial ap- follows from program participation. substantial and gross inconsistencies pearances and claims were deceiving. If Dr. Foster was introduced to the and contradictions that will continue we were to just take what was origi- American people as the doctor behind a to swirl around the nominee. nally given us, if we were to truncate program extolled as reaching mul- I believe that we need a nominee who or shorten the investigation, if we were titudes of children. It turns out that inspires unquestioned confidence. We to limit the debate, over and over more individuals drop out of the pro- need someone that we have the kind of again in this nomination we would find gram than persist in the program for faith in that we expect in our family ourselves acting on the basis of inac- complete participation. doctor. This nominee does not pass curate and false data, acting on the Just a week after the Labor Com- that test. The process has not provided basis of alleged conclusions unsup- mittee nomination hearings, I received a basis for that kind of belief. ported by the facts. a letter from Dr. Foster stating that he The questions remaining are serious In a rush to market this nominee, had inadvertently misrepresented his enough that I voted against this nomi- the Clinton administration has dis- position to me when I asked about ad- nation in committee, and I believe that played a reckless indifference to the ditional statistics or studies on the I they are serious enough that we should evidence and a casual disregard for sub- Have a Future Program. During the all vote against any measure that stantiating documentation. The fre- hearing, it became apparent from the would limit the debate over this nomi- quent contradictions and serious mis- studies that were available that the nation today. representations about both the back- program’s marks were not high, that it I inquire as to what time remains. ground and record of Dr. Henry Foster was not achieving its intended result. The PRESIDING OFFICER. The Sen- and about the performance of the I So I asked if there were other stud- ator from Missouri has 52 minutes 45 have a future program have in my ies, if there had been other data accu- seconds. The Senator from Massachu- mind seriously undermined the credi- mulated, if there were evaluations, and setts has 43 minutes remaining. bility of this nominee. They have led to he clearly answered no. But his letter Mr. KENNEDY. Mr. President, I yield confusion and to controversy sur- which he sent to me says that what he 11⁄2 minutes to the Senator from Con- rounding the nomination. They have should have said was, ‘‘Yes, there are necticut to clarify some points. made any notion of a brief debate other statistics.’’ As a matter of fact, The PRESIDING OFFICER. The Sen- about this nominee impossible. there was not only an additional study ator from Connecticut is recognized. Let me just recap for a moment. Dr. but an independent analysis of that ad- Mr. DODD. I thank my colleague Foster was introduced to the American ditional study. And this additional ma- from Massachusetts. I just wanted to people as the architect of a program terial reinforced the conclusions ear- respond quickly to the Senator from touted as an abstinence-based program. lier made about the failure of the pro- Missouri on part of his statement. I The fact. It turns out that the program gram; as a matter of fact, material sent a letter on June 13 to the majority is based on weekly contraceptive dis- which suggested a counterproductivity leader in which I pointed out, again, tributions. A program which alleges a of the effort altogether. the overwhelming evidence that this focus on abstinence has been unable to But the additional material, that program, I Have a Future, has long produce any abstinence brochures de- kind of a contradiction, just served to supported abstinence—not just on some veloped, produced, or updated under underscore and undermine further the rhetorical statements, but rather based

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8731 on evidence, pamphlets, videos, so able to maintain his sense of humor. I yield the floor. forth, that have been available going And more importantly, the committee Mr. COATS. Mr. President, I yield 10 back to 1986. To suggest somehow that and the American people came to see a minutes to the Senator from Okla- these were manufactured documents compassionate, humane, caring homa. theme—Dr. Henry Foster, the same Dr. that came up after Dr. Foster’s nomi- The PRESIDING OFFICER. The Sen- Henry Foster known to his friends, to nation is just not borne out by the ator from Oklahoma is recognized. facts. his family, and to his community and, Mr. President, the following are more importantly, to his patients. Mr. NICKLES. First, I wish to com- among materials that have been pro- Sometimes we do not know what we pliment my friend and colleague, Sen- vided to the committee—by the way, I do not want to know. We went through ator COATS, for his work on this nomi- am not holding these, they have been the debate on the I Have a Future Pro- nation. I also would like to clarify a part of the record. For example, the gram over and over and over again in couple of statements that have been 1989 edition of the family life module committee. The Senator from Massa- made by some of the proponents of the staff manual specifically calls for the chusetts mentioned the Carnegie Foun- nomination. handing out of a pamphlet entitled dation report. There is not one Senator I heard some of the proponents say ‘‘Many Teens Are Saying ‘No.’’’ A copy here that should ever argue anything this nomination is about Presidential of that pamphlet was provided to the other than the question of why chil- politics. I disagree. I have seen politics committee. A 1986 pamphlet from the dren have children is complicated and play a part in previous nominations for American College of Obstetricians and none of us really knows the answers, different things. But I will tell you as Gynecologists to which Dr. Foster al- though we are all struggling to find a person who has been involved in some luded in his hearings called ‘‘A Par- those answers. of the battles on the office of Surgeon But Dr. Foster at least tried. During ent’s Guide to the Facts: To Help General in the past, I do not think this the hearing, every time I heard a criti- is about Presidential politics. I remem- Mothers and Fathers Talk to Their cism of this program, I asked my col- Teenagers About Sexual Responsi- ber Dr. C. Everett Koop, who eventu- leagues, ‘‘Could you point to another ally was confirmed for Surgeon Gen- bility.’’ That was the title. It includes program that had more success? Could a similar abstinence message. The eral, but he was held up for months, al- you point to a more worthy attempt? If most a year. pamphlets are only part of this pro- we want to talk about values and how gram. The same abstinence message is you live your life, can you point to a I remember Dr. Elders. I was involved delivered through videos, training ma- doctor who has been more there with in slowing down that nomination. I terials, group discussions, games, a va- young people, who has cared more tried to defeat it. I tried to use par- riety of other materials, all of which about this problem of teenage preg- liamentary procedures, and I slowed it are a part of the record. nancy, who has cared more about the down for several months, because I The PRESIDING OFFICER. The Sen- problem of substance abuse, who has thought she was the wrong person to be ator’s time has expired. cared more about the problem of vio- Surgeon General. That was not about Mr. DODD. Mr. President, I ask for 30 lence in the lives of all too many young Presidential politics, although people additional seconds. people in America, who has cared more said that on the floor. Dr. Elders al- Mr. KENNEDY. I yield 30 seconds. about the problem of HIV infection and luded to it being about race. And that Mr. DODD. Mr. President, all of that AIDS?’’ was wrong. She was the wrong nominee material has been made available to Mr. President, I must tell you that and she was the wrong Surgeon Gen- the committee. To say that these were during the committee hearing—and I eral. She made a lot of statements, manufactured documents that came up suspect on the floor of the Senate as both prior to her confirmation and after the nomination is ludicrous. It is well—there will be no answer to the after her confirmation, that proved she all there, it is all available to the com- question I just raised. The silence will was the wrong person to be Surgeon mittee. It is a longstanding record of be deafening. General. supporting abstinence as part of that Mr. President, Dr. Henry Foster does And, Mr. President, I state that Dr. program. To suggest otherwise is un- appeal to the better angels of our na- Foster is the wrong person to be Sur- fair to the nominee. It is not an accu- ture. I heard one of my colleagues ear- geon General. He should not be con- rate reflection of the hearing record. lier talk about the standards being firmed. It does not have anything to do Mr. WELLSTONE addressed the competency, credibility and main- with Presidential politics. He should Chair. stream values. Competency? This is an not be confirmed. The PRESIDING OFFICER. Who Africa-American man who has a whole Why? I do not think we can trust yields time? life of accomplishments. This is an Af- him. I think time and time again he Mr. KENNEDY. Mr. President, I yield rican American man who has contrib- has made statements that have proven 5 minutes to the Senator from Min- uted enormously to communities and not to be truthful. I do not think he nesota. to our country. And mainstream val- has been honest. I do not think he lev- The PRESIDING OFFICER. The Sen- ues? What is more consistent with eled with the Congress or with the ator from Minnesota is recognized. mainstream values than to take your American people. I do not think some- Mr. WELLSTONE. Thank you, Mr. professional ability and to use that body should be confirmed if they can- President. I thank the Senator from ability in such a way that you give to not tell the truth. That does not mean Massachusetts. the most vulnerable citizens in our he is not a nice guy, or that he has not Mr. President, I have listened to the country, you take your professional debate for about the last 40 minutes or ability as a doctor and give it to com- done some good things. But if a person so. I have decided to not speak in the munities and you serve people? does not tell the truth, then they language of statistics or charge/ Mr. President, the key to a successful should not be confirmed to a high-level countercharge. I sit on the Labor and and effective Surgeon General is, will office. As a matter of fact, I terminate Human Resources Committee and had that Surgeon General have rapport the employment of people if they do an opportunity to hear Dr. Foster and with the people of our country? There not tell the truth. I think that telling go through this hearing with him. is no question in my mind that Dr. Fos- the truth is a basic requirement. I have heard some language from my ter will. Dr. Foster, if you are watching You might say, well, where are you colleagues, mainly on the other side, this debate—and for all the people in getting these facts, and where are about appealing to the better angels of the country that are watching the de- these things coming from, and is this our nature, about values, about main- bate—Dr. Foster, be proud. This per- not just based on opinions not fact? stream, and about competency. So let sonal attack is all about politics in the Well, a lot of it comes from Dr. Foster me try to, within my own way, within worst sense. Be proud of your life. Be himself. A lot of the statements he has a very short timeframe, set the record proud of what you have done. I believe, made on very sensitive, important straight. as a Senator from Minnesota, Dr. issues have been misleading, at best. A Dr. Foster, during the committee Henry Foster will serve our country lot of people have said this issue is hearing, was articulate, thoughtful and very well. about abortion because a lot of people

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8732 CONGRESSIONAL RECORD — SENATE June 21, 1995 do not want to have somebody who has Then I am when I read what Dr. Fos- Tuskegee Institute Campus. At this meeting performed abortions be Surgeon Gen- ter stated on February 27, 1995—that he were apprised, myself and everyone there in- eral. is fighting mad at ‘‘white right-wing cluded, of an on-going syphilis study that I agree. I do not want to have an extremists that are using my nomina- began in 1932 and was to run over a forty- abortionist as Surgeon General. But I year period. This study consisted of a double tion to achieve their radical goals.’’ blind study of treated and untreated male also will say that with the numbers in That reminds me of some of the syphilis patients. This was the first that any the Senate, that probably would not statements that Dr. Elders made. Who physicians in the County Medical Society necessarily disqualify somebody or is he talking about? I am opposed to knew anything about this study. Dr. Brown mean they could not get the votes to his nomination for a lot of reasons, but made his presentation requesting that we en- be confirmed. But what about when I have never put myself in that cat- dorse the continuation of the study. It was you have statements like, maybe I egory. I do not know that people would my feeling and belief that the study was end- have performed one abortion—that put the New York Times in that cat- ing within three years bringing it to its came out of the White House. Then we forty-year period that was designed in the egory. Generally, it is a fairly liberal study. A list of the remaining patients in the had a statement issued by the White paper—editorially, at least. House and by Dr. Foster, and I will study was given to each physician and I On February 10, the New York Times noted four or five of my patients that were read this statement. They have a print- says, talking about Dr. Foster: on the list whom I had treated for latent ed statement on February 3, 1995 that Although Dr. Foster is a highly respected syphilis not knowing that they were in- says: obstetrician, his lack of candor about his volved in the study. In that period of almost three decades as a abortion record disqualifies him from serious Members attending the meeting to the best private practicing physician, I believe that I consideration. Misleading statements by of my knowledge were myself, Dr. Brown, a performed fewer than a dozen pregnancy ter- candidates for high positions simply cannot colleague of his, Dr. John Hume, Dr. Thomas minations. be condoned. Calhoun, Dr. Howard Settler and Dr. Henry Fewer than a dozen. This is a release They go on: Foster. to try to stop the discussion of how Of course, the chief blame for this debacle I sat at the end of the table and Dr. Foster many abortions Dr. Foster had per- lies with the White House, which once again sat some two chairs down from me on the formed, because they had a problem put forth a nominee without adequately vet- left. The presentation was one conducted with their nomination. And then I find ting the person’s background or knowing the over a thirty to forty-five minute period of out in a Department of Health-HHS answers to potentially explosive questions. time and it became our consensus that we would endorse the continuation of the study. hearing, Ethics Advisory Board, on No- As a result, the administration put out false vember 10, 1978, Dr. Foster talks about information on the number of abortions per- What is striking to me about the fact that those members present as named were un- doing about 700 or so abortions. So to formed by Dr. Foster. They summarize and say, ‘‘It is time aware of the study, however no future con- quote, it says, ‘‘I have done a lot of versations were held at either meetings or amniocentesis and therapeutic abor- to withdraw the nomination.’’ with me. When the news broke in 1972 about tions, probably near 700.’’ I think they were correct. However, the Tuskegee Syphilis Study and Dr. Fos- That was Dr. Foster. What was the the White House did not withdraw the ter’s name came up in that he was greatly response? First the White House said, nomination. They have been fighting helpful in working out the logistics of seeing ‘‘He was not there.’’ ‘‘It was not Dr. for this nomination. They think this is that patients were located and treated and I Foster.’’ Then, ‘‘He is misstated or important. They have tried to turn this felt that from my knowledge to the news misquoted and did not remember mak- into all kinds of different philosophical media that Dr. Foster was doing a great battles. They are wrong. service and I still feel that way to this day. ing the comments.’’ But it is in this What concerned me was that he was at the record. The White House was saying it Some of my other colleagues have meeting and voiced no objection to the con- is not true. It turns out, I think, that raised issues concerning credibility. I tinuation of the study and yet became out- it is. In Dr. Foster’s statements on think there is a real credibility prob- raged in 1972 when approached by members abortion, he is misleading Congress and lem. Concerning the syphilis study, Dr. of the press and other interested parties con- the American people. On ‘‘Nightline’’ Foster stated, ‘‘I didn’t know about cerning the Tuskegee Syphilis Study. he said, ‘‘I have done fewer than 39 that until 1972 when it became public.’’ The minutes of the meeting have not been abortions.’’ Well, he was not counting Yet, I do not think that is the truth. located and through talking to some other those 700 or so he referred to in his tes- Dr. McRae, who was president of the reporters it was determined that Dr. Howard timony before the Ethics Advisory medical society at the time of the Settler, of course, was Secretary-Treasurer Board nor was he counting the abor- study, stated in a letter on February of the County Medical Society in 1969 and he stated that most recently, that his secretary tions that occurred during a study he 28, 1995, ‘‘I sat at the end of the table, had died and he had no idea where the min- headed at Meharry, where over 50 abor- and Dr. Foster sat some two chairs utes were. tions were caused by use of a supposi- down from me on the left.’’ If I can be of any further service to you, tory. I ask unanimous consent that the please advise. And then also in Dr Foster’s state- letter be printed in the RECORD. Sincerely yours, ments, he says, ‘‘Well, I am not about There being no objection, the mate- LUTHER C. MCRAE, JR., M.D. abortion. I abhor abortion. I am rial was ordered to be printed in the Mr. NICKLES. Dr. Foster was vice against it.’’ And then I look at some of RECORD, as follows: chair of the medical society where they the statements he made about the sup- L.C. MCRAE, JR., M.D., were being briefed on the syphilis pository, talking about, how this sup- Mount Vernon, GA, February 28, 1995. study in 1969, yet Dr. Foster emphati- pository can induce abortion in 1 to 7 Mr. JERRY HORN, cally says, ‘‘I was not there.’’ He was hours and could be available for pre- Celebrate Life Magazine. not there. He performed a delivery that scription in 36 months. We are going to DEAR MR. HORN: With reference to your in- day. It turns out that the time of deliv- have suppositories where everybody quiry concerning the Tuskegee Syphilis ery that day did not coincide with the can get abortions; they can be quick, Study, I will express my knowledge of the study as I know it to be. birth record of that child. There are so easy, and cheap. Some weeks before the County Medical So- He made that statement. So I am many inconsistencies, so many down- ciety Meeting of May 19, 1969, I received cor- right misstatements of fact. It leads thinking, wait a minute, how is this respondence from Dr. Bill Brown at Emory consistent with ‘‘I abhor abortion,’’ but me to conclude that Dr. Foster should University, U.S. Public Health Service. He not be confirmed. he is doing a study to see if we can was requesting a meeting with the County have a suppository to make it available Medical Society to discuss an on-going Maybe one that troubles me, maybe to everybody. Then I go back to a ‘‘study’’. Prior to this letter I had received it troubles me more than others, deals statement the White House released an endorsement from Dr. Ira Myers who was with the sterilization of the mentally that said, ‘‘I have done fewer than a the Alabama State Health Director calling retarded. This is sterilizing mentally dozen.’’ On ‘‘Nightline,’’ he said, ‘‘I did my attention to the fact that I would be retarded women without their consent. hearing from Dr. Brown. Dr. Foster admits doing this. 39.’’ And then we read a transcript say- The meeting was organized and held at the ing he did 700. Then he is doing a study then Torch Cafe some four miles outside As a matter of fact, in the summer of on a suppository where it could be Tuskegee. Prior to that time we held, our 1974 he read a paper to a medical asso- cheap, free, and available to everyone. meetings at John Andrews Hospital on ciation that said, ‘‘Recently, I have

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8733 begun to use hysterectomy in patients ators who do not even know this man; up a nominee, that people compare him with severe mental retardation.’’ Since by Senators who are not even physi- to the person who held the office be- then, both Dr. Foster and the White cians; by Senators who think they fore. What does it mean? Think about House said, well, that was medically know more than professional organiza- it. More than one person on this floor accepted, that procedure was in the tions who have honored this man, than has said it. The only thing I can think medical mainstream. That is false. patients of this man who have come of is that they are both African-Amer- That is outright false. forward to testify to his decency, his ican. As a matter of fact, in Alabama, that qualifications, his integrity; by Sen- I ask you to search your soul in this summer the law on sterilization shifted ators who think they know more than debate and stop the personal attacks dramatically and practices that were President George Bush, who gave his on a decent human being. If you want formerly perhaps part of the medical program the 1,000 Points of Light to vote against him, vote against him. mainstream were no longer. Award; by Senators who think they He deserves his day. I have a whole list, including the case know more than their own colleague, I ask for 30 additional seconds. in June 1973, where Mary Alice Relf, Dr. BILL FRIST, a Senator here, who Mr. KENNEDY. I yield the Senator 30 age 12, and Minnie Relf, age 14, were said very clearly that he supports Dr. seconds. surgically sterilized in a hospital in Foster. Mrs. BOXER. He deserves his day. Montgomery, AL. To make the story I quote to my fellow Senator on the And filibustering this nomination is short, this case went to court. This was other side of the aisle, their own col- keeping him from his day. in June 1973. HEW regulations were league, Senator FRIST: ‘‘When people If you do not think a woman deserves sought to protect the rights of all per- ask me why I support Hank Foster’s a right to choose, fight against it. Con- sons, including the mentally retarded, nomination, I will tell them simply, vince the American people, because with respect to sterilizations paid for because he’s qualified to carry out the they do not agree with you. They want with Federal funds. duties of Surgeon General, and I am Government kept out of that decision. However, those regulations did not confident he will perform that job Do not take it out on a man who take effect because the Federal district well.’’ brought thousands of babies into this court in Washington, DC, in March I am disheartened that people would world. 1974, found HEW had no authority to come on this floor and attack a decent Oh, he forgot exactly the number of fund any nonconsensual sterilization man the way they are doing here abortions. We have heard that. Maybe whatever. today. I take offense at it. I apologize he forgot the exact number of babies he Mr. COATS. Mr. President, I yield to Dr. Foster for it and to his family brought into the world. Would that the Senator from Oklahoma 1 minute, and his friends. change your mind? additionally. This is about politics. Politics of the Let us be fair. Let us stop the per- Mr. NICKLES. Mr. President, if we worst sort. This is about pressure. sonal attack. Let us stop Presidential look at the inconsistencies, they said Pressure of the worst sort. This is politics. Let us vote for cloture. Then sterilization for the mentally retarded about sacrificing a decent man on the let each and every Senator vote his or was in the medical mainstream. It was altar of right-wing politics in America. her conscience. not. I hope that if we do not win this vote Mr. President, I yield the floor. There were court cases saying, ‘‘No, today on cloture that the American The PRESIDING OFFICER. Who do not do it.’’ HEW said, ‘‘We will not people will rise up, that they will yields time? do it or fund it.’’ Dr. Foster was mak- phone their Senators, because there is Mr. COATS. Mr. President, I yield 2 ing speeches to medical associations a chance to reconsider if we do not win minutes, or more if he needs it, to the saying, ‘‘We are doing it.’’ There were today. Senator from Tennessee. cases, and there was an outcry against I am appalled at what I have heard The PRESIDING OFFICER. The Sen- this activity. here. I am appalled that people who ator from Tennessee is recognized. If we look at this, if we look at the claim to stand for family values and Mr. THOMPSON. Mr. President, inconsistencies of his statements on for a decent society, would attack a de- today we are debating much more than what happened on the number of abor- cent man in such a personal way. the qualifications of Dr. Henry Foster. tions, if we look at the syphilis study I share the views of my friend from Few could argue he is not technically where he said, ‘‘I don’t know anything Connecticut when he says, ‘‘Who in qualified. Furthermore, few, if any, about it,’’ and Dr. McRae and others their right mind will put themselves would contest the fact that Henry Fos- say, ‘‘Yes, he was informed about it,’’ I through this and get caught up in Pres- ter is a decent man who has worked think there are so many inconsist- idential politics like this?’’ hard and done much good in his life- encies we really have serious questions Dr. Foster is an ob/gyn—an obstetri- time. about his honesty to Congress and to cian-gynecologist—and delivered thou- I might also say, for my part I am the American people. sands of babies. Mr. President, only a not too caught up in these issues of Therefore, I happen to agree with the very small percentage of his practice credibility with regard to things that New York Times in their editorial that involved abortion. And this is how he may or may not have happened a dec- I read from, and their editorial today gets treated. ade or more ago. I do not agree with which states that Dr. Foster should not This is a man who, as my friend from my colleagues who say that you cannot be confirmed by the Senate. Maryland said, could have been a trust this man. I hope the Members of Mr. COATS. Mr. President, could I wealthy doctor in the Northeast some- this body are never judged by stand- inquire how much time remains on where playing golf at country clubs on ards of consistency in other matters by each side? the weekend, but chose to go into the which we judge some of these nomi- The PRESIDING OFFICER. The Sen- South where women had to travel 150 nees. ator from Indiana has 40 minutes and miles to get decent health care. However, Dr. Foster is caught up in 40 seconds; the Senator from Massachu- I have letters I will put into the something much bigger than himself setts has 351⁄2 minutes. RECORD from doctors who served with and, therefore, so are the rest of us in Mr. KENNEDY. Mr. President, I yield Henry Foster, who saw that compas- this debate. Because of the way the five 5 minutes to the Senator from sion. And people in this Chamber with President has used the office of Sur- California. a cushy lifestyle get on this floor and geon General and the appointments to Mrs. BOXER. Thank you very much, attack him personally for giving up his it, we are now engaged in a heated na- Mr. President. I thank my colleague life, so he could serve people in need, so tional debate, one that I think is divi- from Massachusetts. he could turn around the infant mor- sive and unnecessary. At a time when I am very disheartened and, frankly, tality rate in the Deep South. all of us, and especially the President, disgusted with what is starting to They say ‘‘He will be like Joycelyn should be looking for ways to bring emerge here on the Senate floor. Elders.’’ What does that mean? What people together in this country, the A defamation of a man’s character. A does that mean? I have never heard President, by means of this appoint- defamation of a man’s career by Sen- that before on this floor. When we take ment, has chosen instead to give a

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8734 CONGRESSIONAL RECORD — SENATE June 21, 1995 symbolic victory to one side in the blame Dr. Foster for White House in- The nominee has tried to dismiss those abortion debate. competence. concerns, but he has not in my opinion The President has taken the office of My concerns in this process have specifically answered them. Surgeon General, a rather obscure of- been specific and they have been fac- I am concerned with more than num- fice with no real authority whose pur- tual. I have attempted to raise some bers in this matter. I am a pro-life Sen- poses have traditionally been to simply basic questions, questions that for me ator. I would prefer a Surgeon General promote mental and physical health, are determinative in my decision in who extends his compassion to the and raised it to the position of spokes- terms of whether I would support or weakest members of the human family. person with regard to sensitive moral not support Dr. Foster. Has the nomi- For me, as a matter of moral principle, and social issues. Then he has pro- nee been candid? Has the nominee, dur- a commitment to speak for those who ceeded to appoint Dr. Elders to that po- ing his career, displayed the ethical cannot speak for themselves. sition, one of the worst and most con- judgment and leadership necessary for Having said that, the numbers are troversial appointments in recent the position of U.S. Surgeon General? not relevant as the New York Times years. Would this nominee unify our Nation has indicated. It would seem unlikely With that legacy, naturally the posi- on important health concerns, or would to me that someone who admits to per- tion has become one of great sensi- he fragment it through divisive moral forming 39 abortions would confuse tivity to many of the American people. debates? that figure with performing just one or It is time for an appointment that will I think it is interesting that today in even 12, that someone who testified symbolize a return to matters of basic the New York Times, an editorial ap- that he abhors abortion, and it is one health care. It is time for an appointee pears addressing the question of can- of the most difficult things that he has who will command the attention and dor. It is not, I believe, either incon- ever had to do, would be confused over respect of the Nation with regard to sistent nor does it indicate some kind his involvement in abortion or would these issues. of a right-wing conspiracy that Mem- not remember what his involvement Instead, the President has made an bers who have opposed Dr. Foster have was, and only when pressed on the ‘‘in-your-face’’ appointment that was raised the questions of his credibility record would say, ‘‘Well, yes, I guess totally insensitive to the religious and and his candor with the Senate and the number is different than what I ini- moral beliefs of a large segment of the with the public. I am quoting from the tially indicated.’’ It is clear that Dr. American people. One must assume the New York Times, which says: Foster oversaw, in addition to the 39 President knew the firestorm of divi- We continue to believe that Dr. Foster has that he admitted on the ‘‘Nightline’’ siveness that this appointment would forfeited any claim to the job by his initial show, 55 additional chemical abortions, cause and that he simply assumed he lack of candor about his abortion record. He and 4 additional surgical abortions as would be the political winner in this had a constitutional right, indeed duty, part of a scientific study of which he national debate that would ensue, re- According to the New York Times— was involved with. gardless of whether or not Dr. Henry to perform abortions for his patients. The We also know now from an official Foster was confirmed. number he performed...is in fact rather HEW transcript that Dr. Foster himself That is not the proper use of the of- modest for a busy gynecologist serving a claimed to have done 700 amniocentesis fice of the Surgeon General and that is needy population. and therapeutic abortions. We were not the proper use of this nomination. But numbers are not at issue here. The sad never able to clarify just exactly what Therefore, I choose not to endorse the fact is that, from the day his name was an- the breakdown was in terms of those nounced, Dr. Foster seemed determined to President’s actions and I will not vote minimize his abortion record and kept being abortions; where they came from. That to confirm this nomination. forced to revise the numbers upwards. His is the clouded part of the record. I yield the remainder of my time. misleading statements led us in February to I cannot avoid the conclusion that The PRESIDING OFFICER. Who oppose his candidacy. Nothing that has Dr. Foster’s frequently changing num- yields time? emerged in the later hearings or comments bers and varying accounts of his per- Mr. COATS. Mr. President, I yield has justified those misstatements. sonal involvement with abortions are myself such time as I may consume. . . . Dr. Foster’s candidacy fails the candor profoundly troubling and difficult to But I ask the Chair to inform the Sen- test. He deserves . . . to be rejected. explain as a mere lapse of memory. ator when he has used 10 minutes of Those are not words from this Sen- Second, I am concerned that Dr. Fos- time. ator. Those are not words from other ter may have been informed about the Mr. President, I say to my colleagues Senators. Those are not words from the Tuskegee syphilis study before 1972, that confirmations are probably one of right wing. Those are words from the when it became widely known. That if not the most difficult tasks required editors of the New York Times on the concern was not in my opinion satis- of us here in the Senate because we are issue of his candor. So I think it is a le- factorily answered despite my lengthy not dealing with abstract statistics. We gitimate issue. It is a legitimate issue and thorough questioning of Dr. Foster are not dealing with generalizations. to raise. It is a legitimate issue to on this subject in the confirmation We are not dealing with issues per se. evaluate. It is a legitimate issue by hearing. But we are dealing with fellow human which to form a judgment as to wheth- Dr. Foster declared in the Labor beings, their character, their lives, er this particular individual is the indi- Committee hearing that neither he nor their experience—who they are. vidual that is best suited for the posi- anyone in the county knew anything When we make a judgment on a tion of U.S. Surgeon General. about the study. But we know that a nominee, I believe it is a task that It is not our job in a nomination de- number of medical personnel in the needs to be taken with some humility. bate to deal in general impressions. county helped conduct the study and None of us can claim a past without Our task is to investigate specific con- knew that treatment was being denied mistakes or without failings. Neverthe- cerns. to those black men who had syphilis in less, we are required to weigh the The questions that I have raised I be- the name of continuing the study. We record against the criteria for service lieve can be answered from the public know that Dr. Foster was chief of ob- and come to an informed decision. record. In my opinion, none of these stetrics at the Tuskegee Institute, Let me begin today by saying what is questions were answered satisfactorily which provided services in connection not at issue in this nomination. Dr. during the hearing process; none in with the study. Foster’s commitment to the poor is not favor of Dr. Foster’s nomination. We know that Dr. Foster was vice at issue in this nomination. He has There are at least four concerns that president and later President of the proven that commitment over many I would like to raise before the Senate Macon County Medical Society when years of service. Dr. Foster’s engaging for consideration. that society was consulted regarding good humor is not at issue. He has First, at the beginning of this proc- the study, and when that society shown it in our Senate hearings and at ess, I was concerned that Dr. Foster agreed to cooperate with the public other times. And the administration’s gave varying accounts of his record on health service. initial handling of the nomination abortion—numbers that could not be I have considerable additional mate- should not be at issue. You can hardly explained by a faulty memory alone. rial that if time would allow I would be

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8735 happy to share with the Senate. I have tion and were ordered only a month qualifications were already well- forwarded a letter to each Member of after his nomination. known; after the hearing, the nominee the Senate for their consideration de- I have a future is a story of good in- was well known. This is the way the tailing this information. If time per- tentions and poor results. Two evalua- process should work. We should now mits, I hope to be able to examine some tions by the program’s own staff show have the opportunity for an up or down of that material. it may actually have been harmful to vote, based on what we know. The Washington Post editorialized teen participants. Although they start- What we know of Dr. Foster is that that this was a critical factor in Sen- ed the program more abstinent than he has 38 years of experience as an edu- ators’ decisions of knowing what Dr. the control group, they ended up more cator, professional physician, and pub- Foster knew and when he knew it re- sexually active, and no less pregnant at lic servant. He was the founder of a garding the Tuskegee study. That edi- the end of the program. program that addressed the issue of torial claimed that, if he had knowl- Mr. President, I cannot avoid the teenage pregnancy called I Have a Fu- edge of that study before 1972, he was conclusion that I have a future is a ture, developed in 1987. The program not qualified for this office. I presented program operating on a failed theory, stressed abstinence as a first method of to the Senate a lengthy detailed record the theory that contraception can be reduction. It was chosen by former of information that I believe leads to an acceptable substitute for restraint. President Bush for his Points of Light the conclusion that Dr. Foster did In considering this nomination, I al- Program. know about the study and did not re- ways come back to the unique nature Dr. Foster served 2 years of Active spond as he indicated. of this office, an office with little staff, duty and 2 years of Active Reserve We know that Dr. Foster, as then little funding, but exceptional influ- duty in the U.S. Air Force. He was in- president of the medical society re- ence. That influence is based on per- strumental in the consolidation of calls, may have attended a meeting at suasion and respect alone. It is based Meharry Medical College and Metro- which the medical society was notified on the ability to build consensus and politan General Hospital in Nashville, of the study, and documents from the provide moral leadership. saving both from possible closure. He is Public Health Service specifically state Dr. Foster has many good qualities, a member of the prestigious Institute that each member of the society, which but they are not the qualities for this of Medicine and is a member of many is a small society, 10 Members I be- office, particularly at this time, in the distinguished medical advisory and re- lieve, was provided with a list of sur- aftermath of Dr. Elders. The reputa- view boards. He served as chief of ob- viving participants in the syphilis tion of this position must be rebuilt, or stetrics and gynecology at the John A. study. its entire future is in doubt. That job Andrew Memorial Hospital in The PRESIDING OFFICER. The Sen- of rebuilding will require credibility, Tuskegee, AL, where he still has the ator should be informed that he has ethical judgment, and candor, and it full support of the local citizens. consumed 10 minutes, and that he has will require in my opinion, a different This nomination has been side- 27 minutes and 10 seconds remaining. nominee. tracked by disputes about how many Mr. COATS. I thank the Chair. For all these reasons, I cannot sup- abortions Dr. Foster performed, wheth- Let me state, third, that I was con- port this nomination, and I urge my er he knew about a controversial 40- cerned that Dr. Foster performed steri- colleagues to defeat the motion to in- year syphilis experiment on black men lizations on the mentally handicapped, voke cloture. conducted in Tuskegee, and what role without proper consent. That concern Mr. President, I yield the floor. he played in hysterectomies performed was not fully answered. Mr. KENNEDY. Mr. President, I yield to sterilize mentally retarded patients Dr. Foster confirmed that this proce- 31⁄2 minutes to the Senator from Ala- during the 1970’s. dure was done, without the assent of bama. I am personally opposed to abortion. patients and without a judicial deci- Mr. HEFLIN. Mr. President, I rise in My position is well known, since the sion. He and the White House defended support of the nomination of Dr. Henry national media once carried my state- this practice as mainstream medicine Foster and I think his background and ment: ‘‘As a former fetus, I am opposed at the time, but we found that this pro- training and education makes him to abortion.’’ But the fact is that it is cedure was not mainstream, even at uniquely qualified. a legal medical procedure that is gen- the time. It was contradicted by Ala- I rise today in support of the nomina- erally carried out by obstetrician-gyne- bama case law, Federal regulations and tion of Dr. Henry Foster to be Surgeon cologists such as Dr. Foster. Reason- professional standards. General of the United States. Like able people can debate what the law of I cannot avoid the conclusion that many of my colleagues, I do have some the land should or should not be with Dr. Foster, on this issue, displayed lit- reservations concerning the nomina- regard to abortion. tle ethical sensitivity, and dem- tion. But in my judgment, there is Regardless of how many abortions he onstrated no ethical leadership. nothing about his background that— may have performed, the number is ir- Finally, I became concerned with under current law—should disqualify relevant because it is a legal medical both the inflated claims and the direc- him from serving as the Nation’s chief procedure taught in many medical tion of Dr. Foster’s I have a future pro- spokesman on health care issues. Based schools. As to the question of his can- gram. This concern was not answered. on his testimony before the Senate dor in recalling the specific numbers, I In fact, it was decisively confirmed. Labor and Human Resources Com- suppose it would be fair to say he made Dr. Foster and the White House mittee—which many hailed as an old errors in his recollection. I practiced claimed that abstinence was the bed- fashioned tour de force—early last law for 25 years in a small country rock of I have a future, and that the month and the accolades he has re- town, and once I was asked how many program itself was a tremendous suc- ceived from friends and associates murder cases I had tried. I gave an an- cess. Objective evidence undermines since his nomination, he should be con- swer, and then upon reflection I real- both of these contentions. Abstinence firmed without further delay. ized the number I had given was incor- is not mentioned in two promotional I think his background, training, and rect. Then I got to thinking about it. brochures for the program, but contra- education make him uniquely qualified Well, let us see. I did not think about ception is prominently featured. In the for this position, and I believe his testi- this case, and I did not think about program curriculum, abstinence gets a mony before the committee helped to that case, and I soon realized that each weak second billing to an aggressive dispel some of the fears of his oppo- time I thought about it I had really contraception focus. nents. I think we should be encouraged made a mistake. On this issue, the pattern of careless- by this process. The May 2 hearing Unless recollections are supported ness with the truth was repeated. When served the purpose for which confirma- and refreshed by documentation, they abstinence brochures were presented to tion hearings are designed—the nomi- are inherently hazy, especially in rela- the committee to show the nominee’s nee was able to make his case in his tionship to a long career. In hindsight, commitment to this principle, the pub- own way and in his own words, outside it would be clear that he should have lisher confirmed the procedures were the realm of political caricature and not given out a precise number at the written just before Dr. Foster’s selec- interest group misrepresentation. His time. He may have made a mistake in

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8736 CONGRESSIONAL RECORD — SENATE June 21, 1995 trying to neutralize a politically divi- ability to bring people together and Date: 4/28/95. sive issue. I do not think he inten- serve as a soothing force in our Nation. Mr. KENNEDY. I yield 4 minutes to tionally misled the public, the admin- As a national official, his constituency the Senator from Washington. istration, or the Labor Committee for and responsibilities will be vastly dif- The PRESIDING OFFICER. The Sen- his own personal gain. ferent and more comprehensive than as ator from Washington is recognized. The issue of when Dr. Foster knew of a private physician. There will be com- Mrs. MURRAY. I thank the Chair. the syphilis experiments was addressed peting interests and views that he will Mr. President, today we should be de- at the committee hearing. It has been have to take into account and often bating the nomination of Dr. Henry alleged that he learned of these experi- balance if he is to be successful. Like Foster to be U.S. Surgeon General. ments during a May 19, 1969, briefing most nominees to high office, I expect After all, it has been 6 months since on the study. However, based on my Dr. Foster to grow and adapt to his this Nation has had a leading public reading of the record, Dr. Foster did new role in ways that will serve the health spokesperson, and the clock is not learn of the study until it became country well. still ticking. public in 1972. Dr. Foster has the type of friendly, I will remind my colleagues that I have a copy of an affidavit signed down-to-earth bedside manner that every 59 seconds a baby is born to a by Minnie Capleton Jamison, of each of us look for in our own physi- teen mother. Every 17 minutes in this Tuskegee, AL, whose son Dr. Foster de- cians. He has professional expertise and country AIDS takes another American livered by Caesarean section on the a keen realization of the health prob- life. And this year, 46,000 women will evening of May 19, 1969. Ms. Jamison lems which confront our Nation that die of breast cancer. specifically recalls that part of the pro- will guide him well in the office of Sur- We should be debating the nomina- cedure occurred at 7 p.m., with the offi- geon General. In deference to basic tion of Dr. Henry Foster but we are cial medical record indicating that her fairness, cloture should be invoked, and not. We are debating whether or not to baby was delivered at 9:17 p.m. The we should proceed to confirm this allow a vote on Dr. Foster in this briefing on the syphilis study is said to nominee. Chamber. This is very unfortunate, have begun at 7 p.m. on May 19 at a EXHIBIT 1 particularly in light of the many medical society meeting. I ask unani- STATEMENT OF MINNIE CAPLETON JAMISON health care crises in this country. mous consent that a copy of this affi- My name is Minnie Capleton Jamison, and When I first met Dr. Foster, I was davit be printed in the RECORD fol- I am a resident of Tuskegee, Macon County, very impressed for one very important lowing my remarks. Alabama. I reside at 1307 Gregory Street in reason. He is an ob-gyn. I have fought The PRESIDING OFFICER. Without Tuskegee. long and hard, as this body knows, for objection, it is so ordered. On the evening of May 19, 1969, I gave birth women’s health issues. Every wife, (See exhibit 1.) to my son, Steven Darryl Jamison. Dr. every mother, every sister, every Mr. HEFLIN. His critics charge that Henry W. Foster was my obstetrician and daughter understands that women’s even if he was not at the May 19, 1969, guided me along the entire course of my pregnancy and delivered the baby. It had health issues have been at the bottom briefing, he could have found out about been a difficult pregnancy. I was confined to of the barrel for too long in this coun- the study through specialty journals bed for seven of the nine months, and during try. I thought finally with an ob-gyn as unlikely to have been read by Dr. Fos- the fourth month it was necessary for Dr. Surgeon General, our health concerns ter. To read all medical articles and all Foster to perform a surgical procedure to would be brought to the top of the Na- journals, few doctors would have time prevent a miscarriage. I had had two mis- tion’s agenda. to treat patients. This standard clearly carriages before this. Let me make this very clear. I see a violates the bounds of reason and logic. I went into labor on May 18, 1969. I was ad- no vote today as a vote to deny women, Finally, some charge that Dr. Foster mitted to John A. Andrew Memorial Hos- pital in Tuskegee that evening, and I was for the first time and probably for a should not be confirmed because he given medicine to slow labor. My baby was long time, a voice from the top on performed hysterectomies on four men- delivered by Dr. Foster on the next evening, women’s health issues. tally retarded patients for hygiene or May 19, 1969. The delivery was by Caesarean I was also impressed by Dr. Henry life-saving purposes. During his testi- section. Foster’s devotion to teens in our coun- mony, he responded that these were I remember the evening well, but I do not try. As all of you know, I have two not ‘‘forced’’ or ‘‘involuntary’’ steri- remember all of the specific details. I know teenagers at home. I listen to them in lizations under the guidelines in place that Dr. Foster looked in on me from time to my living room, and I hear the same at that time. Informed consent was time, but I do not recall exactly what time he looked in or exactly how often he checked message: No one cares about them. given consistent with the medical eth- on me. I remember that the delivery took Adults go in their houses; they shut ics in the 1960’s and early 1970’s, the place at night, and that I was in surgery for the doors; they close the blinds and no time period during which these four approximately two hours. I recall specifi- one pays attention. procedures were performed. cally that part of the procedure was at 7:00. Dr. Foster paid attention. He was Senator FRIST’s support is one of the I recall that I was very nervous and I was willing to dedicate his personal time most compelling arguments in his hyperventilating. I was doing breathing exer- and his life to give children a message favor. As the Senate’s only physician, cises and I tried to focus on a clock at 7:00 of hope, of opportunity and chance. he is in a unique position to judge the p.m. I remember that the anesthesiologist That is what his point of light pro- was trying to calm me at the time, and that Surgeon General’s qualifications and Dr. Foster joined and helped to calm me. I gram, I Have a Future, is all about. ability to serve. Just as we look to the recall that all of this was before Dr. Foster This Senate should not go on record legal community to make rec- started to operate, but I do not recall more dashing that message of hope for our ommendations about Supreme Court specifically at what point this was in the children today. A no vote on cloture and other judicial nominees, we should procedure. I understand that the medical does just that. look to members of the medical com- record indicates that the delivery took place Let us not forget the bigger picture munity for their assessments of nomi- at 9:17 p.m., and I do not dispute that record. and message in today’s vote. For 5 nees that are relevant to their field. I also remember well what fine care Dr. months, Dr. Foster has gone through a Foster gave to me and my son. I remember Senator FRIST—a physician and Repub- that throughout a difficult time for me Dr. very intense process: An FBI check, a lican—strongly supports Dr. Foster. Foster was warm and attentive. I had been search of his entire medical records; Virtually every medical group has told by another obstetrician that I could every word he has uttered has been come out in favor of his nomination. never have a child. Dr. Foster told me that magnified, expanded, looked at, and Their recommendations should carry a he would work with me and do everything questioned, and he went through the great deal of weight as we cast our humanly possible to make sure I could have entire committee process. He passed votes. a child, and he did. He was a very busy man with flying colors. Some worry that like his prede- with many patients, but he always took time I heard some of my colleagues on the and was always there to help. He was always cessor, Dr. Foster will be a divisive fig- very human and very professional. He is a Senate floor say that Dr. Foster was ure when who we need is a unifier. But fine man and will make a fine Surgeon Gen- confused, that he was not forthright. anyone who saw the way he conducted eral. Anyone who looks at the record, any- himself at the hearing cannot doubt his Signed: Minnie Capleton Jamison. one who watched Dr. Foster before that

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8737 committee, feels as I do, that he is a posed to look at, there is again in my nation deserves a vote, America de- man of dignity, of honor. He is honest mind no question that Dr. Foster has serves a vote, and I hope to have the and he is forthright. the highest integrity. No person, Mr. support of my colleagues for this mo- Are we giving him a vote today on President, who worked with Dr. Foster tion to invoke cloture. Thank you. his nomination? No. We are arguing in his 38 years of practice says other- The PRESIDING OFFICER. Who whether or not he gets a vote in this wise. His colleagues, his patients, the yields time? Chamber. community, those people who have Mr. KENNEDY. I yield 3 minutes to What does that say to Americans in known him for 38 years in professional the Senator from Kentucky and 1 this country who may at some point be life all have good things to say about minute to the Senator from North Da- asked to serve their country? If you him and laud him for his efforts in be- kota. cast a no vote on cloture today, it says half of women’s health. The PRESIDING OFFICER. The Sen- loud and clear: Think twice; think And so the question becomes, as has ator from Kentucky has 3 minutes. about your entire life being scrutinized been suggested by my colleagues, will Mr. FORD. I thank the Senator, and by this Senate body, think about giv- the subjective bar, the subjective anal- I thank the Chair. Mr. President, I, like Senator DOLE, ing up months of your personal life, ysis be raised so that anyone who oppose Dr. Foster’s nomination to be your job, and your security only to hit stands for an office such as this risks Surgeon General. However, I refuse to the end of the line and not even get a character assassination as a function become a pawn in Senator GRAMM’s vote on your nomination. A no vote of their willingness to serve our coun- Presidential politics. This cloture vote today on cloture sends a loud, strong try? I do not think that that is appro- message for future votes on Presi- has Presidential one-upmanship writ- priate. ten all over it, and it is a disservice to dential nominations, and I think the Mr. President, the fact is that the op- Members of the Senate should think the American public. position here is not as much about Dr. I agree with my colleague who said long and hard before they cast their Foster as it is about culture wars. votes today. this vote represents the first Repub- Abortion is not the issue here. Abor- lican primary. This is about Presi- This vote today will be a vote on fair- tion, if anything, is the hook. It is the ness. Can this body be fair to a person? dential politics, pure and simple. If we hook. I will ask the question to any- had played by these rules in the past, And can we be fair to ourselves and the body, what obstetrician-gynecologist Senate process? I agree with my col- James Watt would not have become could say with certainty that they Secretary of the Interior, Ed Meese league from Illinois, Senator SIMON, have never performed an abortion. It is that this is not a vote on Dr. Foster; it would not have become Attorney Gen- a function of ob-gyn. Similarly, a is a vote on us. And meanwhile, I will eral, Samuel Pierce would not have syphilis study is not an issue. Again, he remind my colleagues the clock is tick- been HUD Secretary, Clarence Thomas was a women’s health specialist. The ing. would not be on the Supreme Court, purpose for the opposition to use an I yield back my time. and Robert Bork would not have had an Mr. COATS. Mr. President, could you emotional issue such as abortion is to up-or-down vote. just inform us of the remaining time divide America again. They are using Mr. President, I will vote against Dr. on each side? this as the hook to raise the issue of Foster, but I think he is entitled to a The PRESIDING OFFICER. The Sen- culture war, to divide us one from the vote. I agree with those who say we ator from Indiana has 231⁄2 minutes; the other. should vote to invoke cloture so then I submit to this body that, if any- Senator from Massachusetts has 201⁄2 we can vote for the nominee. I yield minutes. thing, Dr. Foster does not want to be a the floor. Mr. KENNEDY. I yield 4 minutes to divisive force in our community’s dia- The PRESIDING OFFICER. The Sen- the Senator from Illinois. log. If anything, he wants to bring us ator from North Dakota has 1 minute. The PRESIDING OFFICER. The Sen- together. Mr. DORGAN. Mr. President, sadly, ator from Illinois. He has worked hard to raise the we put people on trial too much in poli- Ms. MOSELEY-BRAUN. I thank the issues about what a Surgeon General tics in our country today. That is what Chair. ought to do. He has worked hard to ar- has been done to Dr. Henry Foster by Mr. President, I rise in strong sup- ticulate the kind of values that he re- his opponents, both in the Senate and port of the cloture motion on the Fos- spects. He has actually stood for the in the press. He has been put on trial, ter nomination. The only issue that we last 139 days going through all kinds of accused with reckless charges and care- should have to address is whether or changes and difficulties, 139 days in less words designed to tarnish the rep- not the President’s nominee to be Sur- order to make the message that we utation of a good man. geon General is qualified for that of- have to come together as a community, For instance, I heard at one point in fice. If the answer is yes, he should be as a nation in order to reclaim our this debate that Dr. Foster had per- confirmed. If the answer is no, then youth, in order to restore and rekindle formed hundreds of abortions. I asked that individual should vote against Dr. hope, in order to make the Surgeon the opponent who charged that how he Foster’s nomination. General’s office a force for healing. had arrived at that number. He showed But, Mr. President, under no cir- That is the mission that Dr. Foster me a number that included abortion cumstance is it appropriate or fair for has attempted to undertake. He is, ob- and amniocentesis. I asked, ‘‘Do you us to filibuster, to erect extraordinary viously, committed to this. He has think amniocentesis is an abortion?’’ hurdles to a vote on confirmation, to been through what can be called noth- because that is what was included in use procedural tricks to avoid having ing less than trial by excoriation. And that number. That is an example of the to take up the question of whether or yet he has survived all of the attacks reckless charges designed to discredit not the President’s nominee is quali- with his integrity intact and with his the reputation of a good man. fied to serve in this office. ideals unimpeached. I do not know Dr. Foster very well, In the first instance, Mr. President, I So the only question, again, I think but I do know from testimony by his join my colleagues in saying to the we have to face right now is what kind friends and colleagues that he is a world that Dr. Foster is eminently of ideals will be represented by the ac- good, decent, honest man who has dedi- qualified to be Surgeon General of the tion of this U.S. Senate. Will it be the cated his life to helping others. United States of America. He is a phy- crass politics of obstruction and divi- Sadly, he has been put through a po- sician with a specialty in women’s sion, or will it be a message of fairness? litical meat grinder, as happens all too health. He has been through fire. Every Will we allow this nomination to come often these days. The treatment of this aspect of his credentials, his actual ob- to a vote, or will we erect additional nominee has been fashioned to serve jective qualifications to serve have procedural hurdles against that? the political interests of some in the been examined and found to be worthy. The PRESIDING OFFICER (Mr. Senate, in my opinion. But we can cor- He is eminently qualified to serve as CAMPBELL). The Senator’s time has ex- rect that today. We can do justice to Surgeon General. pired. Dr. Foster by voting to invoke cloture With regard to his character, which Ms. MOSELEY-BRAUN. In conclu- and then by confirming his nomination is the second part of what we are sup- sion, I just say that Dr. Foster’s nomi- to be Surgeon General.

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8738 CONGRESSIONAL RECORD — SENATE June 21, 1995 The PRESIDING OFFICER. Who is one reason why Dr. Foster, given title XX program. Indeed, Dr. Foster yields time? some of the things in his background, held a high profile in that organization Mr. COATS. Mr. President, I yield 10 was a mistaken selection by the Presi- at the very time it was fighting in the minutes to the Senator from Mis- dent of the United States. courts against a Tennessee parental sissippi. My next point is extremely impor- notification law regarding abortion. The PRESIDING OFFICER. The Sen- tant: No, we should not blame Dr. Fos- We also found what appears to be the ator from Mississippi [Mr. LOTT] is rec- ter for the mistakes of the administra- very belated printing of brochures ognized for 10 minutes. tion in handling his nomination, but stressing abstinence for his I Have a Mr. LOTT. Mr. President, I thank the we should expect to get candid, direct, Future program. These documents distinguished Senator from Indiana for and accurate information on presi- seem to have been ordered from yielding me this time. I commend him dential nominees. There is no question Meharry Medical College, where Doctor for his efforts with regard to this nomi- that some inaccurate information was Foster is dean, on March 8, 1995, weeks nation. I know he has been diligent in given to Senators, whether by the after his program had come under fire trying to find the truth, and in this in- White House or by Doctor Foster him- for its emphasis upon teen contracep- stance, it has not been easy. self. The Senator from Kansas, NANCY tion instead of restraint. This had all I want to begin my remarks by KASSEBAUM, certainly was given some the earmarks of an organization doc- frankly questioning the current sce- inaccurate or incomplete or misleading toring its records to sway a Senate nario of the office of Surgeon General. information. Senator KASSEBAUM is not committee. The shipping invoice for Over the past few years, instead of given to overreacting, but she was one the pamphlets was dated March 23, being a position that brought us to- of the first to raise concerns about the 1995. They were passed out to the Labor gether in advocacy of good health poli- way the Foster nomination was han- and Human Resources Committee at cies, it has become a position that di- dled. Dr. Foster’s hearing in early May. vides us. It has made us fight over var- Then we went through the process of So, once again, it seems that truth is ious issues. the administration’s changing informa- an evolving matter where Dr. Foster is I have come to question whether we tion it had previously provided con- concerned. It has been shaded this way really need this position. Why should cerning Doctor Foster’s record. Clear- and that as we have gone through the the Federal Government have a paid ly, it was not handled well by the ad- process. Another example—and some- advocate in this office? There is a cost ministration. That alone is not enough thing about which I have a great deal involved—about $1 million. There are a to reject the nomination, but it cer- of concern—is the issue of involuntary number of staff people involved, along tainly is a problem. sterilizations. At a time when the in- with a travel budget. I have reached What bothers me more than anything voluntary sterilization of retarded girls the conclusion that the Surgeon Gener- else about this nomination is that lack and mental patients had provoked na- alship is a position we probably do not of total truthfulness, that changing of tional outrage, Dr. Foster reported his need anymore. What is done within important information. Maybe it was own expertise in that regard in an arti- that office should be done by other because Dr. Foster was not familiar cle in the Southern Medical Journal. agencies within the Department of with the fast ways of Washington. The article appeared in 1976, 3 years Health and Human Services or else- Maybe he sometimes talked without after an especially shocking case—the where in Government and the private checking his facts. But the Relf case—occurred in Alabama, where sector. misstatements happened several times. Dr. Foster was a prominent ob-gyn. The second point I want to make There also were slips of the tongue The Federal courts, the Congress, the needs a longer explanation. The Foster when he questioned the motives and Department of HEW were all involved. nomination came to the Senate in the the background of the people who op- But the furor seems to have been lost aftermath of the situation involving posed his nomination. on Dr. Foster. the former Surgeon General, Dr. He subsequently said that was a mis- Equally troublesome is the cloud of Joycelyn Elders. There were many take. But there is a pattern here, a pat- uncertainty that now obscures Dr. Fos- problems associated with her tenure in tern of inadequate, insufficient or in- ter’s role in the notorious Tuskegee ex- office, with what she had to say and correct information from the adminis- periments, conducted over decades in how she said it. tration, a pattern of changing informa- his home county of Macon, AL. It Many of us raised concerns about her tion from the nominee, and a pattern stretches credibility to be told that a conduct as Surgeon General, and even- of talking before thinking. That is physician of Dr. Foster’s prominence— tually, of course, the President had to what got Dr. Elders in trouble. Why indeed, the vice president of the Coun- call for her resignation, because she does anyone want to repeat that expe- ty Medical Society—did not know was advocating things that most peo- rience? ple in America certainly were not com- Dr. Foster got off to a bad start by about all that. fortable with. I do not believe Dr. Fos- repeatedly revising his information How could he not have known that ter would do the job in the same way. about the number of abortions he had his fellow doctors had agreed to with- I think his approach would be gentler. performed in his career as an obstetri- hold antibiotics from men being tor- I am certain he would not say some of cian-gynecologist. That was only the tured and killed by syphilis? I find it the things that Dr. Elders said when first of many confusions which have, hard to believe that this information she was Surgeon General. But he has collectively, eroded his credibility. escaped him until it was nationally held some offices and has otherwise For instance, we were told that his I publicized—and he denounced it—years been associated with organizations Have a Future Program has had mar- later. which advocate the very things Dr. velous results. I think the concept of The Foster nomination has presented Joycelyn Elders advocated. I believe that program is good. I would like to a persistent pattern of misinformation, that is the wrong approach to the of- see it work. I like the idea of absti- not just the instances I have men- fice of Surgeon General. nence education for teens, helping tioned here, but others, like his leader- More than ever before, if we are them live up to their responsibility to ship of a research project at Meharry going to have that office, we need a avoid sexual activity. But then we in conjunction with a pharmaceutical doctor who will advocate health meas- found out that that was not quite the company. We still need a clearer ac- ures which are in the overall best in- case with Dr. Foster’s program. count of that episode, why it was un- terest of our country and with which We found, moreover, that Dr. Foster dertaken and why it was eventually most Americans can agree. Maybe it is was associated with organizations abandoned. good to have some leading-edge com- which, in fact, took quite a different All these things considered, I think it ments every now and then, but we need approach to teen pregnancy. He has would be a mistake to confirm this not have those issues flaunted in our had a long and close relationship with nominee. We do need more informa- faces, as they have been for the past Planned Parenthood, which has for tion, and more accurate information, couple of years and, frankly, as they years opposed abstinence-based pro- before accepting Dr. Foster as Surgeon were over a longer period of time. That grams like those funded under HHS’ General.

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8739 Dr. Foster’s advocates are right in they score points, unfortunately, while did not come out until the 1970’s, and one regard. The real vote to confirm or Americans die. Every day, 2,000 Ameri- all hell broke loose, and everyone said reject his nomination will occur today cans die from heart disease. Every day, what a shocking thing. at noon. That is the vote on invoking close to 1,200 men and women die from Whether Dr. Foster was there—the cloture. That is the vote that counts. tobacco-related illness, people die from evidence was clear he was not—but I believe this nominee should not be breast cancer, and every day 110 men even if he had been there, he would not confirmed. I urge our colleagues to and women and children die from have learned anything. consider the many serious reasons why AIDS. These figures are tragic, but All of the information that has I and other Senators have taken that what is more tragic is these deaths re- clouded that, strike it out of your position. It is not just the abortion sult from preventable diseases. mind, and remember that nobody at issue, but the many questions about I hear people castigating this very that time other than CDC knew the ex- the veracity of the nominee concerning well-qualified physician, this compas- periment was being conducted. Wheth- programs he was involved with, organi- sionate human being, who lifted him- er he was there or not is irrelevant. zations he was associated with, and self up by his bootstraps, and criticize Second, another issue where there is medical controversies in which he him for what he did and for what he confusion, as the previous speaker from played a part. thought was right. I am not much for my side of the aisle got into, there I urge a vote against the cloture mo- biblical quotations, but John said, ‘‘He were two situations with respect to a tion. that is without sin among you, let him sterilization situation which occurred I yield the floor. first cast a stone.’’ in this country at a time when the de- The PRESIDING OFFICER. Who I hear mistakes being made all over cision was, and it was sort of ethical yields time? the place here. We have an Ethics Com- and considered wise in many respects, Mr. KENNEDY. Mr. President, I yield mittee that hears breaches of conduct to sterilize seriously mentally defi- 2 minutes to the Senator from New by the Senators. And, yes, this man is cient people. That had nothing to do Jersey. condemned because he did what his with Tuskegee. The previous speaker The PRESIDING OFFICER. The Sen- conscience and the law allowed him to got that confused. Make a judgment, ator from New Jersey is recognized. do. I think we ought to get an up-or- but it was not unethical or improper at Mr. LAUTENBERG. Mr. President, I down vote on this. I hope my col- that time. Later on it was discarded as thank the Senator from Massachusetts. leagues will vote for cloture and we can a methodology. Just in very brief form, because time is confirm Dr. Foster’s appointment. Third, the abortion issue. Yes, there so limited, I sat here in amazement and Mr. KENNEDY. I yield 6 minutes to I listened to what was being said very was changing information, confusing the Senator from Vermont. information, things hard to follow. carefully. I just heard that Planned Mr. JEFFORDS. Mr. President, I rise Parenthood is opposed to abstinence That was not the doctor’s fault. He was in support of a vote for cloture. I be- very clear. He searched his records and for teenagers. I have never seen that lieve this would probably be the first mailing or that program. It is absurd. found out, over 30 years, performed 39 time in history if cloture is not grant- abortions, or was responsible for them. What we are talking about is a man ed for a nominee that has come out and his professional qualifications to Thirty years—that is not a doctor who from a committee with a positive rec- is working in abortion clinics. He is an fill this job. He did not run for office. ommendation to be denied an up-or- That was not his credentials. He was ob-gyn. Obviously, he is going to have down vote. a number of abortions during that pe- not looking at how this might be one I also recognize from listening to riod of time, to save the life of the day when he was considered for a nomi- those who have opposed granting clo- mother or whatever. nation to a high post. He did what his ture, that it is critical that we have de- The abortion issue is one that has conscience and the Hippocratic oath bate on Dr. Foster, because there is so been made to be a key issue, when it had him do. He has been endorsed—I much information out here which is in- should not be here at all. heard this morning on the radio, that correct. Dr. McAfee, the president of the Amer- I sat through the hearings, and I have I would ask Members to try and re- ican Medical Association, heartily en- gone through thousands of pages of move from your minds all the discus- dorses Dr. Foster and his qualifica- documentation, and I came to the con- sion we have had, and ask the simple tions. Further, he has been endorsed by clusion that a President has the right question: Is this person deserving of the Association of American Medical to have people around him who he the right to have a vote of up or down? Colleges, by the Association of Aca- wants to have, and he has that right That is the crux of it. demic Health Centers, the American here. We are having this cloture vote, be- Academy of Pediatrics, the Tennessee There is nothing that should stand in cause there are at least 51 votes that Medical Association, and the American the way. First of all, there is no evi- will support Dr. Foster to be the next College of Physicians. They all know dence whatsoever that this man is not Surgeon General of the United States. he is qualified. competent to handle the job. This is an attempt to use the cloture— The problem here is not Dr. Foster’s Second, there is no credible evidence and some of these issues which the in- qualifications. The problem here is pol- that there is any flaw in character or formation is, at best, misunderstood— itics at the expense of the health of the any reason why this person should be to try and prevent or even avoid having American people. The problem is that denied the job. that opportunity to vote. we are playing Presidential politics To deny Dr. Foster the ability to I urge my colleagues to seriously rec- right here in this room. It is pitiful. have his nomination debated is inde- ognize and understand, first, the facts Talking about the fairness of the sys- fensible, in my mind. I am not going to are very clear that the doctor ought to tem and how it is equitable for a mi- go into all the issues, but there are a be recommended. The committee rec- nority to restrict the majority view, couple I would like to straighten out. ommended him. More importantly, why can we not have a straight up-or- First of all, the Tuskegee situation. that he ought to be entitled to an up- down vote on this without threats of All of the argument has been about or-down vote on the issue. We will dis- filibuster? When it was Robert Bork or who knew what when. When did it cuss it and spend a day or so discussing John Tower or Clarence Thomas, even occur? Was he there? Was he not? What these things so we can clear this up in though there was strong opposition, we do not know is whether at that everyone’s mind. many Senators opposed them. The fact meeting which the CDC held in I spent days on this, and I am con- is that the votes were held here, up or Tuskegee in the late 1960’s, with the fident there is no reason this doctor down. doctors of Macon County that they should not be confirmed. He certainly So when I sit here and I listen to were told anything about the fact that should be allowed to have a vote up or what the debate is about, the debate is there was a group of black men being down on whether or not he should be not about Dr. Foster and it is not denied treatment in order to see the confirmed to be the next Surgeon Gen- about fairness to the American people; difference between treating people with eral of the United States. it is about who can score points. And syphilis versus not treating them. That I yield the floor.

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8740 CONGRESSIONAL RECORD — SENATE June 21, 1995 Mr. COATS. Mr. President, I yield 2 have been here on the floor this morn- We all know what is happening here. minutes to the Senator from South Da- ing working very hard to bring this The normal confirmation process has kota. nomination to a vote. been sidetracked by Republican Presi- Mr. PRESSLER. I thank my col- I remind everyone that the clock is dential politics. Dr. Foster deserves a league. ticking on the health of all Americans. vote. I hope the Senate will vote clo- Mr. President, I rise in strong opposi- Our Nation has been without a Surgeon ture on this so that he can be judged tion to the nomination of Dr. Foster. General for 6 months. fairly and honestly and candidly. He does not represent the family values I see this vote very clearly today: We Mr. SIMPSON. Mr. President, I rise that my State seeks. are not voting on the nomination of today to speak in support of Dr. Henry Also, I am very concerned about in- Dr. Henry Foster today. We are voting Foster’s nomination to be Surgeon consistent statements. As has been on the opportunity for Members to General. stated on this floor, not to paraphrase vote on that nomination. A ‘‘no’’ vote Since February 2, when President from others, but the real issue should will send a very clear message to Clinton first announced his nominee not be whether or not young people women across this country. It denies for Surgeon General, a wide range of will lose a clean needle when they use women the opportunity to have a Sur- criticisms and attacks have been lev- drugs. The Surgeon General of the geon General who specializes in wom- eled against Dr. Foster. I believed and United States should encourage them en’s health care. said from the very beginning Dr. Fos- to say ‘‘No’’ to drugs. A ‘‘no’’ vote denies teenagers across ter deserved the same chance as every We really need to take a look at this the Nation a spokesperson who can other nominee to address these con- position of Surgeon General and see give them hope and opportunity and cerns in a committee hearing. That in- whether it even needs to exist in the who believes in them. deed is the reason for the hearing proc- future. The Secretary of Health and A ‘‘no’’ vote sends a message to all ess. Human Services is supposed to do this Americans that public service is not I further stated that, although I had function. something they should get involved in. not yet found any valid reason to op- If we are going to have a Surgeon A ‘‘no’’ vote denies this country the pose Dr. Foster’s nomination, I would General he should be a role model for service of not one man, but many fu- withhold my final decision until after family values, for what our country be- ture leaders. the committee hearings were held. Now lieves in. He should be a strong oppo- A ‘‘yes’’ vote says this body is fair that the hearings are concluded, I have nent of the use of drugs and of teenage and will allow the vote of Dr. Foster to decided that I will vote in support of pregnancies, stating his opposition to come before this body. Dr. Foster’s nomination. I believe any it. Not stating other side issues such as Mr. KENNEDY. Mr. President, 1 questions as to whether or not Dr. Fos- using clean needles, et cetera, et minute to the Senator from Maryland. ter is fit or qualified for this position cetera. Ms. MIKULSKI. Mr. President, this were dispelled during the hearings. I I am strongly opposed to the nomina- debate of Dr. Foster has often charac- think it is fair to say that this was tion and shall vote against cloture. I terized him in a way that I think is never the chief concern about the nom- yield the floor. misleading. Dr. Foster has been charac- Mr. KENNEDY. How much time re- terized as someone who is not the man ination. mains? that I met in my office. I realize that there are some people The PRESIDING OFFICER. The Sen- Dr. Foster came and met with me, who oppose his nomination because he, ator from Massachusetts has 4 minutes both in my office and met in the com- like many obstetrician-gynecologists, and 30 seconds. mittee, and showed the kind of person performed abortions in the practice of Mr. KENNEDY. I yield 1 minute to we want to be the Surgeon General of his profession. However, I do not be- the Senator from California. the United States. lieve Dr. Foster should be disqualified Mrs. BOXER. Mr. President, many of First of all, he showed backbone and from serving as Surgeon General solely my colleagues have quoted from news- he showed guts. Anyone of a lesser per- because he performed abortions. We papers—Senator COATS quoted from the sonality would have flinched under this face the possibility of such a history New York Times. But he failed to say new toxic atmosphere in which we find whenever we consider an obstetrician- something important: The New York Presidential nominees going forward. gynecologist for this position. Times says Foster deserves a vote. So But he was willing to speak to both Much has been said about Dr. Fos- do not just give half the story. They friend and to foe, to speak with candor, ter’s ‘‘credibility’’ due to some initial are calling for a vote. We should vote grace, dignity, quiet good humor, the confusion about how many abortions ‘‘yes’’ on cloture. willingness to set the record straight. he performed in the course of prac- The Boston Globe said it well. ‘‘It is That is why we can see why he was so ticing his profession for more than 20 time for the opponents of Foster to well-regarded by his patients and by years. Dr. Foster addressed these con- choose: Either let Foster be confirmed his own community with the bedside cerns honestly and forthrightly in his without a fuss, or seek protection manner. opening statement before the Labor under the political equivalent of chap- Mr. KENNEDY. Mr. President, I yield and Human Resources Committee. ter 11, because all their arguments are myself the remaining minute. In that statement, he asserts that: bankrupt.’’ They are bankrupt. The issue before the Senate comes I regret the initial confusion on this issue. Then the Republican San Diego down to a simple question of funda- But there was never any intent to deceive. I Union Tribune, quite a Republican edi- mental fairness. I believe that a major- had no reason to do so * * *. I have worked torial board, said: ‘‘The more we learn ity and probability an overwhelming very hard to establish a record of credibility about Foster, the more convinced we majority of our Republican Senate col- and ethical conduct. It is open to anyone are he would be an effective Surgeon leagues know in their hearts that Dr. who chooses to scrutinize it. General.’’ The Chicago Tribune says Henry Foster deserves to be confirmed I think that those of us in public life Foster’s prospects for approval by the as the next Surgeon General of the should be able to eternally empathize committee appear to be good, and of United States. with him about the difficulty of ‘‘get- course they were right. The Republican Dr. Foster is a highly principled phy- ting it exactly right’’ when speaking to committee sent him to this floor posi- sician whose honesty, integrity, and a reporter. tively, but then they add, ‘‘A foul situ- outstanding character shine through. Not only did Dr. Foster address the ation is developing in the Senate.’’ His extraordinary record of achieve- ‘‘credibility issue’’ in his statement, My friends, a foul situation has de- ment shows, beyond any reasonable but he also outlined what kind of Sur- veloped in this Senate. This Republican doubt, the lives he saved, the doctors geon General he says he will be and Senate is trying to deny this man a he has trained, and his pioneering lead- how he intends to focus on the ‘‘full vote. ership against teenage pregnancy. range of health challenges’’ facing our Mr. KENNEDY. I yield 1 minute to President George Bush sought to Nation, including cancer, AIDS, heart the Senator from Washington. highlight his I Have a Future Program disease, maternal and child health, Mrs. MURRAY. Thank you, Mr. in Nashville, TN. He honored it as one aging, substance abuse, violence, and President. I thank my colleagues who of his 1,000 points of light. teen pregnancy.

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8741 Another issue raised during the hear- many have strongly held views about geon General. We do not need another ings was the question of whether or not abortion. But, do not make this man for the remaining year and a half. The Dr. Foster had personal knowledge the victim of those controversies. next surgeon general should heal prior to 1972 of the ‘‘Tuskegee study’’ There are other places to voice dis- wounds, not deepen them. in which black men were denied treat- pleasure about these matters. A nomi- Despite my opposition to Dr. Foster’s ment for syphilis in order that doctors nee, who comes before this body, seek- confirmation, however, I will vote for could observe how the disease pro- ing only to serve his country, deserves cloture. If a majority of the Senate is gressed. This experiment was abruptly far better. willing to confirm the nominee, then terminated in 1972 when it was publicly Dr. Foster has strong bipartisan sup- he should be confirmed. All sides have disclosed that then-available treat- port both inside the Senate as well as had ample time to air their views; no ments were being withheld from these around the country. I look forward to useful purpose is served by further men. When questioned at the hearings, seeing him make a positive contribu- delay. Dr. Foster stated emphatically that he tion to the Nation’s public health. But the most important reason not had no knowledge of the study before Mr. LEAHY. Mr. President, I support to filibuster Dr. Foster’s nomination is 1972. In fact, Dr. Foster never approved the nomination of Dr. Henry Foster to that a filibuster will set a terribly of or in any way cooperated with this be the Surgeon General of the United damaging precedent. Had this tactic study. In 1972, when he was fully in- States. been used 4 years ago, Clarence Thom- formed of it, he immediately called for Over the past 4 months, Dr. Foster’s as would not be on the U.S. Supreme the study to be stopped and for the sur- entire career has been under great Court today. Dr. Foster deserves a viving men to be treated. scrutiny. Opponents of his pro-choice straight up-or-down vote. Whether one The real issue about this nomination, stance have looked for every shred of agrees with him or not, he is entitled for me, is not ‘‘the bad things’’ Dr. Fos- information that could cast a shadow to the same consideration given almost ter did not do, but the many noble, al- on the character and integrity of Dr. every other nominee. truistic things he has done. I have had Foster. I believe that his opponents In 2 years, a Republican President several opportunities to visit person- have failed in this effort. will be submitting nominees for far ally with Dr. Foster and to question I followed the nomination hearing more important offices. That President him on various issues. He described to with great interest. During the hear- will appoint Cabinet members and Su- me his work with disadvantaged ing, Dr. Foster conveyed a sincere vi- preme Court Justices who undoubtedly youths and the role he played in cre- sion of what he would do as Surgeon will be opposed by Democrats and the ating the ‘‘I Have a Future’’ Program General. His top priority would be to national media. I do not want to make that encourages teens in some of Nash- continue his work on reducing teenage it easy for them to stall nominations of ville’s toughest housing projects to be pregnancy. This is an important vision. future conservatives by giving their op- ponents the moral precedent to use the sexually abstinent and to avoid drugs. I am astounded by the personal at- filibuster as a means of defeating I am impressed by the fact that Dr. tacks that have been made against Dr. them. I also do not want to further Foster has spent his lifetime preaching Foster on the floor of the Senate cloud the nomination process by essen- abstinence. It is not just a slogan or a today. I believe we should be focusing tially ensuring that the only nominees high-minded phrase for him. He has on the thousands of babies that Dr. who can gather the necessary 60 votes been right down in the trenches help- Foster has delivered and the thousands for confirmation are those with no ing some of the poorest people in soci- of teenagers he has counseled. Instead, track record, no history of making bold ety. Many lives, including hundreds of the focus has been on a medical proce- statements, and no strong views that young people, have been touched by Dr. dure that is legal in all 50 States. make them attractive to large seg- I believe Dr. Foster is a man of integ- Foster’s work in his community. He is ments of our Nation. a good and generous man. rity who will excel as Surgeon General. Nominations to the Supreme Court When President Bush nominated Dr. Foster’s philosophy emphasizes are the most important a President can Clarence Thomas to the U.S. Supreme delaying sexual activity, providing make, nominations that affect the fu- Court, I was the first member of the education and job training, and ensur- ture of the country long after the ing access to comprehensive health Senate to declare my opposition to his President who made them is gone. To services. Not only has he been success- nomination. I did not believe that Clar- put at risk future nominations to the ful in reducing teen pregnancy, but he ence Thomas was qualified to serve on Supreme Court just so we can hand has also helped to instill the values of the Court. Even with strong reserva- President Clinton a setback today personal responsibility, belief in God, tions, I felt that Judge Thomas de- makes little sense. and self-esteem in many young people served an up-or-down vote. I agree that Dr. Foster should not be who live in absolute poverty and are I hope the opponents of Dr. Foster put in a position where he will have a most ‘‘at risk.’’ Many of those youth will let his nomination come to a vote. forum to speak about the important traveled to Washington this past win- He deserves no less. issues of the day. He has already prov- ter to express their admiration and re- Mr. GORTON. Mr. President, on May en that when he is given that oppor- spect for Dr. Foster. All anyone had to 25, the Senate Labor and Human Re- tunity, he will make comments that di- do was listen to their personal stories sources Committee voted to approve vide our Nation and lead to the kind of to understand how Dr. Foster has made President Clinton’s nomination of Dr. debate we see here on the Senate floor. a profound impact on their lives. Henry Foster as Surgeon General, over Dr. Foster is not a builder; to the con- Dr. Foster is one of the leading ex- my opposition. I voted against Dr. Fos- trary, he uses political rhetoric to di- perts on, and advocates for, maternal ter because he has shown extreme in- vide people, a tactic that makes for and child health, and has developed and tolerance of those with whom he dis- captivating headlines in the news- directed teen pregnancy and drug abuse agrees, and is therefore not the kind of papers and provocative television sto- prevention programs that bolster self- Surgeon General who can or will exer- ries, but does little to make our Nation esteem, and encourage personal respon- cise broad moral leadership. I intend to stronger. sibility. He has had a distinguished ca- vote against his nomination here in the So let me be clear—no matter how reer as a physician and community Senate if that nomination comes to a strongly I feel that the nomination of leader, and I believe he is a very quali- vote. Dr. Foster should be defeated, I am not fied nominee who will make an out- Dr. Foster’s indulgence in name-call- willing to put the long-term future of standing Surgeon General. ing—decrying those who disagreed with our Nation at risk by allowing a prece- Finally, I would implore my col- him as ‘‘white, right-wing extrem- dent to be set that could lead to the fil- leagues to at the very least bring this ists’’—came after his nomination, when ibuster of the next Republican nomina- man’s nomination to a vote. I know he was already a public figure. His be- tion to the Supreme Court. that many in my party are displeased havior shows his lack of capacity to In short, my Republican colleagues by the way the administration failed to build consensus. For the first 2 years of should not now set a precedent they display all relevant information about the Clinton administration, this Na- will soon come to regret. To prevent this nomination. And, I know that tion suffered a needlessly divisive Sur- this vote from coming to the floor is to

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8742 CONGRESSIONAL RECORD — SENATE June 21, 1995 thwart the democratic process and to high integrity and ethics; and second prevention. In 1988, in a Tennessee tamper with appropriate executive has demonstrated a lifetime record of housing project, Dr. Foster began his I privilege. I remain as opposed as ever professional accomplishment, commit- Have a Future project which encour- to the confirmation of Dr. Foster, but ment, and scholarship to the field of ages young people to practice absti- I am unwilling to put the long-term fu- medicine, and in particular, gyne- nence and was named by former Presi- ture of our Nation at risk by allowing cology and obstetrics. dent George Bush as one of his Thou- such a mischievous precedent to be set. Throughout the years I have applied sand Points of Light. Mr. THOMAS. Mr. President, I rise these two criteria consistently and And Dr. Foster’s record of service today to express my opposition to the even-handedly, even when a nominee’s continues to this very day. nomination of Dr. Henry Foster, Jr., as own personal ideology has at times dif- Mr. President, at the very least, Dr. Surgeon General. The issue is not one fered from my own. I do so again today. Foster deserves a vote by this body on of abortion. I believe the President of Dr. Foster is a classic obstetrician- the merits of his nomination. We owe the United States has the authority to gynecologist of the highest order. He is him that much. So I urge my col- nominate whomever he pleases to rep- not an abortion doctor. In fact, leagues to support today’s vote to resent his position. However, the posi- throughout his medical practice and envoke cloture on the nomination of tion of Surgeon General is unique in career, Dr. Foster has promoted absti- Dr. Henry Foster as Surgeon General of that it requires pulling Americans to- nence as the best way to prevent un- the United States. With that I thank the chair and I gether as this nation’s doctor. wanted pregnancy. His practice has fo- yield the floor. Unfortunately, Dr. Foster’s credi- cused on delivering healthy babies and The PRESIDING OFFICER. Who bility to represent the public health educating young people about proper yields time? concerns of this country was severely family planning so that unwanted preg- Does the Senator from Indiana have damaged during the nomination proc- nancies and abortions can be avoided. any further speakers? ess. I am deeply concerned about Dr. Dr. Foster has demonstrated particular Mr. DASCHLE addressed the Chair. Foster’s conflicting statements with commitment and compassion to both The PRESIDING OFFICER. The Sen- the findings by the Senate Committee rural and inner-city America and the ator from South Dakota is recognized. on Labor and Human Resources and unique health care-related problems Mr. DASCHLE. Mr. President, I will with the White House. Our Nation’s these two areas face. use my leader time, since I know we ‘‘family doctor’’ needs to be consistent I respect the concerns of those who are virtually out of time at this point. and must speak with credibility so all oppose Dr. Foster. Yet I also believe it I will allocate whatever leader time will listen. is fair and appropriate to give this may be required to make my state- This time of exploration into the nominee the benefit of the doubt. Years ment. background of Dr. Foster has caused ago, there was another Surgeon Gen- Mr. President, several facts need to me to evaluate the role of the Office eral nominee that attracted more than be emphasized before we take this vote. itself. It seems to me when this coun- his fair share of criticism, although First, Dr. Foster may be one of the try is making priorities in the budget, most of that criticism came from the most qualified nominations ever to be it does not appear that the Office of left. That was, of course, Dr. C. Everett made for Surgeon General of the Surgeon General is particularly inte- Koop. United States. No one denies the fact gral to the overall mission the Federal Dr. Koop went on to prove his detrac- that he has had an extraordinarily dis- Government faces. The Secretary of tors wrong. He went on to serve the tinguished career—as a dedicated pub- Health and Human Services has a budg- Reagan administration with great class lic servant, as an accomplished educa- et of $726.5 billion. Surely, the Sec- and distinction. And I would urge Dr. tor, as an exemplary community lead- retary can take over the role of the Foster to look toward Dr. Koop as a er. Surgeon General and save the tax- role model. If he does that, I am con- Dr. Foster has touched and positively payers substantial money. vinced he will be a great Surgeon Gen- influenced more people’s lives than The Office was created back in 1870 in eral. most can hope to in a lifetime. More order to direct the Marine Hospital In sum, over the last four decades Dr. than 10,000 children who owe their lives Service. The primary purpose was to Foster has proven to be a respected and health to Dr. Foster can attest to that. provide health care services to sailors. scholar, an accomplished researcher, a Second, the fact is we need a Surgeon It is clear to me that the Office has practicing physician, and an esteemed General now. We need a leader in outlived its intended service. medical school dean. I believe that a health, just as we need a leader in eco- Mr. President, many issues that Sur- person of Dr. Foster’s professional nomics, in law, or in foreign policy. geon Generals in the past have background should be confirmed. Some would argue we need a Surgeon trumpeted, like the risk of smoking Mr. ROBB. Mr. President, I rise in General even more than in these other and fetal alcohol syndrome, are crucial support of the nomination of Dr. Henry areas. to health of our country. No one wants W. Foster, Jr., to be Surgeon General Many of the most serious health to silence that discussion. Those public of the United States. problems plaguing our country are health concerns can and should con- While I recognize the concerns that those money and health insurance can- tinue to be a priority, but as part of have been expressed about this nomina- not solve. They are problems of public the role of our Secretary for the De- tion, after reviewing his Senate Labor health: smoking, teenage pregnancy, partment of Health and Human Serv- and Human Resources Committee con- breast cancer, AIDS, and violence. ices, or even in certain circumstances firmation hearings, I am confident that Every 59 seconds, a baby is born to a the President himself. Dr. Foster answered all questions hon- teen mother. Every 30 seconds, a child Mr. BAUCUS. Mr. President, I wish estly and openly and is well qualified in our Nation smokes for the first to express my support for the nomina- for the position of Surgeon General. time. Every day, 2,000 Americans die of tion of Dr. Henry Foster, Jr. to be Sur- Accordingly, I will vote for cloture and heart disease. This year, 46,000 women geon General of the United States. I do in support of his nomination if cloture will die of breast cancer. These figures so because Dr. Foster fulfills the two is envoked. are all the more tragic because, in conditions I consistently apply when Any examination of Dr. Foster’s large measure, they are preventable. deciding whether to support a par- record, Mr. President, shows that Dr. But how do we prevent these prob- ticular nominee’s confirmation: First, Foster has dedicated his life to the lems without leadership? The answer is this nominee ethical with a profes- health and well-being of others—a is, we cannot. The two most powerful sional record of integrity; and second, qualification uniquely suited to a Sur- tools of prevention are public edu- does this nominee possess the proper geon General nominee. cation and moral suasion, both func- professional qualifications and back- Dr. Foster has worked at Meharry tions of leadership. No one is better ground for his or her particular posi- Medical College in Nashville, TN, suited than the Surgeon General to use tion? where he has received numerous honors each of these tools. My conclusion is that Dr. Foster ful- for his work in obstetrics, treatment of The third fact, and it is a fact, is that fills both criteria. He is first a man of sickle cell anemia, and teen pregnancy a majority of Senators recognize both

VerDate Aug 31 2005 05:39 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21JN5.REC S21JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 21, 1995 CONGRESSIONAL RECORD — SENATE S8743 the need for a Surgeon General and the ess of Senate confirmation became When this nomination was made, qualifications of Dr. Foster. Democrats more contentious and more political that was Presidential politics, to try to and Republicans supported Dr. Foster’s than ever before. Some of the nomina- drive a wedge between Republicans on nomination in committee. Democrats tions that became political footballs the issue of abortion. That is what it is and Republicans support his nomina- are well known—Robert Bork, John all about. President Clinton made a tion now. It is clear that a majority of Tower, and Clarence Thomas, to name calculated political move—politics. this body supports this nomination a few. But most of us here have prob- Politics, not qualification. today. They know how badly we need a ably forgotten about the others. While Nobody, including Dr. Foster, can Surgeon General. They know how im- we may have forgotten, I am certain question the fairness of the hearings portant it is, how important these their families have not forgotten and chaired by Senator KASSEBAUM who, if issues of public health are. They know they probably have not forgotten, ei- cloture is invoked, will vote against how eminently qualified Dr. Foster is. ther. Dr. Foster. At no time did the hearings They know what a skilled Surgeon This is not my information; it is in- become a media circus. We went General he will be. formation provided by the Congres- through media circuses this year, and But they also know there is a catch. sional Research Service. During the 6 when the Democrats had control, we The catch is there is a minority of Sen- years Democrats controlled the Senate had nominees who were being pilloried ators who, for the most unfortunate under Presidents Reagan and Bush, 11 day by day and ridiculed by the media, reasons, want to deny Dr. Foster even nominees were reported out of the com- by the liberal media. the opportunity for a vote. They know mittee but did not receive a vote on Dr. Foster was asked tough ques- that Dr. Foster may be the first victim the floor of the Senate. In other words, tions. He gave his answers and the of Republican Presidential politics; they came out here and that was the committee voted him out 9 to 7. that this vote may be hostage to a nar- end of it. They did not get any vote; I heard on the morning news that row constituency in the Republican not on cloture, not anything. They just this has been delayed and delayed. I am Party who hold a different philo- sat here and they went away at the end going to give the facts again, as I did sophical view than Dr. Foster. That is of the session. when this debate started. really what this is all about. It is about Eighteen nominees were allowed a This nomination was put on the cal- whether or not the far right has enough committee hearing but not a com- endar the 26th of May, the day we went influence to stop a qualified public mittee vote. Is that fairness? We had out for the Memorial Day recess. We servant from serving his country. It is all this talk about fairness. Where is came back on the 5th of June. As I cal- about whether some who seek the Re- the fairness in that, when you have a culate, today is the 21st. I said that I publican Presidential nomination can hearing and no vote? wanted to meet with Dr. Foster. He make this the first vote of the Repub- And a staggering 166 nominees were could not meet the first weekend be- lican primaries. not even given the courtesy of a com- cause he had commitments. I do not Mr. President, this matter is too im- mittee hearing. fault him for that. I could not meet the portant to be trivialized by politics. Let us get everything straight out next weekend. We met on Monday. This nomination, more than virtually here. I have listened to all the croco- Today, we have the debate on the any other, will affect the lives of mil- dile tears this morning about this nom- floor—on Wednesday. ination, but I have not heard anybody lions of children and other Americans So I want to set the record straight go back and review what has happened who need the leadership that Dr. Fos- for those who are saying somehow this in the past. These are facts. These are ter can give. It is a matter of fairness, has all been held up. It has not been facts. These are not BOB DOLE’s facts. not only to Dr. Foster, but to all those held up at all on the Senate floor. In These are facts. who now wait—who wait for solutions fact, I think it is a very expeditious I was just one of the many Senators, to breast cancer, who wait for help for handling of the nomination. Democrat and Republican alike, who teenage pregnancy, who wait for strat- Yes, supporters of the nominee must egies in coping more ably with vio- said during those years that if the Sen- ate continued to turn confirmations obtain 60 votes. That is the way it lence, with AIDS, with heart disease. works. I have had the Congressional In the cause of fairness, in the cause into inquisitions, then good men and Research Service do a little work in of doing what is right, let us stand women would be no longer interested that area. I have heard people say, united as Democrats and Republicans in serving in our Government. ‘‘Oh, this never happened before.’’ It in giving this man and our country When President Clinton took office, has happened a lot. I voted. Let me just what he and it deserves—a vote for clo- my philosophy remained the same: Ab- give you a little information here. ture and a vote for the confirmation of sent unusual circumstances, a Presi- Sometimes facts may not be impor- the next Surgeon General for the dent’s nominee should generally be tant, but they are nice to have in the United States. confirmed. And Republicans cooperated record. I yield the floor. to confirm President Clinton’s Cabinet Mr. DOLE addressed the Chair. in record time. I think even the Presi- Cloture was first sought on a nomi- The PRESIDING OFFICER. The ma- dent said so when he called me. nation in 1968, when a motion to pro- 1 ceed to the consideration of the Abe jority leader. In fact, during his 2 ⁄2 years in the The Chair might inform the majority White House, President Clinton has Fortas nomination—Chief Justice of leader there are 11 minutes and 27 sec- submitted 248 names to the Senate for the Supreme Court—was defeated 45 to onds remaining on the side opposing confirmation to civilian positions. Sev- 43. When cloture was not invoked, the nomination, and of course the lead- eral have been controversial, but not President Johnson withdrew the nomi- er has time. one has been defeated in committee or nation. Since 1968, 24 nominations have Mr. DOLE. Thank you, Mr. President. here on the floor—not one. Not one. been subjected to cloture votes. I thank my colleagues on both sides of My point is this: When we were in the So there have been plenty of prece- the aisle. minority, Republicans did not abuse dents for cloture proceedings on nomi- I think most everything has been the nomination process. And we will nations. said, but I just want to repeat a few not abuse it now that we are in the ma- In 1980, as the Senator from Massa- things and sort of set the record jority. And we have not abused it with chusetts will recall, the nomination of straight about some other things. To this nomination. Stephen Breyer to the Circuit Court of begin with, maybe just a little history I assume, when people refer to Presi- Appeals was subject to a cloture vote here might help some of my colleagues dential politics, they may have me in because of Republican concerns. Clo- who may not have been here at that that category. Everything around here ture was invoked, and the nomination time. is Presidential politics up here, but not was confirmed. I voted aye on cloture, From 1987 to 1992, I served as Senate downtown. Oh, it is all statesmanship and I voted aye on the nomination. minority leader under Presidents in the White House. It would never In 1986, a very, very important nomi- Reagan and Bush. There can be little occur to them to have any Presidential nation, the nomination of William doubt that during that time, the proc- politics. Rehnquist to be Chief Justice of the

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I voted yes on final 24 nominations that have been sub- then this nomination certainly does passage. jected to cloture votes since 1968. And not further those goals. Without con- Prior to the 103d Congress, the fol- one of those votes occurred on the sulting with Senator KASSEBAUM, my lowing nonjudicial nominations have nomination of William Rehnquist to be colleague, or any other Senator, Presi- been subjected to the cloture proce- Chief Justice of the United States, the dent Clinton selected a nominee who dure: William Lubbers, nominated to head of the third branch of our Govern- was all but guaranteed to cause a polit- be general counsel of the National ment, and we had to have a cloture ical controversy, a nominee who was Labor Relations Board, 1980; Don Zim- vote. all but guaranteed to divide the Sen- merman, nominated to be a member of So it seems to me that we understand ate, and all America, as well. And that the National Labor Relations Board, the options. I told Dr. Foster we would is just what this nomination has done. 1980; Melissa Wells, nominated to the not let him hang there in limbo. He Sadly, this divisive nomination was rank of Ambassador, 1987; and William told me his sabbatical ends the first of made in the wake of the forced resigna- Verity, nominated to be Secretary of the month. He has been on a year of tion of a Surgeon General whose tenure Commerce, 1987. On each of these nomi- sabbatical, and he would like to have led many to believe that the time had nations, cloture was invoked and the some determination. I think he is enti- come to abolish the office before it be- nominations were confirmed. And that tled to it. That is why we are here came even more politicized than it is only part of the story. today. was. I remember meeting a few years ago So I must say, we said let us do it. So again, I will conclude by saying with a fellow named Bill Lucas, an out- The Democrats said, ‘‘Oh, we would that while I admire Dr. Foster’s mili- standing black American who was sher- like to wait a week’’—so they can work tary service and his obvious passion for iff in Wayne County, MI; an out- over Republican Senators and try to his work—and he has done a lot of good standing man, a Republican. The Black get the liberal media to follow the work—that somewhere out there Caucus did not show up for that event. steps that they normally do and spread among America’s hundreds of thou- But he was an outstanding American. their spin across America. sands of physicians, there is a man or a The vote in the committee was 7 to 7, So I say again, about Presidential woman whose past actions and state- a tie. That was the end of it. We never politics, certainly everything is not ments would not divide the American had a vote. We never had anything on Presidential politics here. If I wanted people and this Chamber. They can be the Senate floor because the Judiciary to have one-upmanship, I would not pro-choice. They could be pro-life. Committee said, ‘‘No; we are not even have brought the nomination up. They could be whatever. There are going to report it out, not even unfa- Maybe others have ideas about Presi- thousands and thousands of qualified vorably.’’ That is fairness? I do not dential politics. But again, let me sug- people out there. The Surgeon General think so. It was not fairness for Bill gest that certainly it was not over- should be ‘‘America’s doctor’’—Amer- Lucas. It was not fairness to his fam- looked at the White House. ica’s doctor. ily. He did not have any hearing on the I think another major point is can- I have listened to these statements, Senate floor. dor. I think even Dr. Foster’s sup- one just by the Democratic leader, So I just suggest that we are all talk- porters have to say on a number of oc- about cancer, heart disease, the Sur- ing about all this being fair. I have a casions, this nominee’s candor has geon General is going to take care of memory for fairness. I have been here a come into question. All of these were all these things. If we just confirm Dr. while, and I have tried to be fair. I had not Dr. Foster’s fault. This particular Foster, all these things are going to go a number of options—not bring it up at nomination was flawed from the outset away. We know that is not the case. all. But I did not believe that was ap- because of the way it was handled at They should not be the Democrat’s propriate. I thought about it. It was an the White House, the way they did not doctor or the Republican’s doctor. option. But that would have been one bring out all of the information right They should not be the liberal’s doctor person making a decision for 100 Sen- up front. I know that was not Dr. Fos- or the conservative’s doctor. Ideally, ators, and I did not do it although it ter’s fault. their qualifications and experience has been done in the past by majority In his committee hearing, in his pub- should be so apparent that they would leaders on the other side when they lic statements, and in his meeting with be confirmed by an overwhelming vote. had a majority, not to bring it up at me, Dr. Foster had an explanation for And this is most assuredly not the case all. But I chose not to do that. I do not every misstatement concerning the here. The bottom line is, will Dr. Fos- believe we give up our rights when we number of abortions he performed and ter unite the American people? Will his bring it up. We are not giving up our for every controversial action, includ- public pronouncements and speeches be rights. And I can understand where ing his alleged knowledge of the infa- regarded as medical and scientific fact people would have different views. mous Tuskegee syphilis study and his rather than political rhetoric? Would I would say, as I have said, I had a role in sterilizing several mentally re- he be regarded as America’s doctor? good visit with Dr. Foster. I think he is tarded women during the early 1970’s. That is the question we need to answer. a very nice person. We are not voting Some explanations made sense, and As I said, he may be a fine person, on that. There were contradictions in some did not. Some questions were an- but in my view he is the wrong person his statements. I asked him 20 to 25 swered and some were not. for this job. questions, and I tried to make a record And somewhere along the line, I I ask for the yeas and nays. so I would understand, myself, on much think a line was crossed where no mat- The PRESIDING OFFICER. Is there a of the debate. I read the information ter how Dr. Foster tries, there will al- sufficient second? which Senator COATS sent to each of ways be questions in the minds of There is a sufficient second. us, which was very helpful. many Americans about this nominee’s The yeas and nays were ordered. I was troubled by the Tuskegee infor- candor and credibility. f mation. I was troubled by sterilization This is not just the opinion, as has of some mentally retarded women. I been noted here—I have watched every CLOTURE MOTION was troubled by a lot of these things debate on C–SPAN—it is not just the The PRESIDING OFFICER. Under that Dr. Foster had no recollection of. opinion of a few conservative Senators. the previous order, pursuant to rule I could not understand it. But again, It is also the opinion from an editorial XXII, the Chair lays before the Senate let some say, ‘‘OK, maybe you can dis- in today’s New York Times. the pending cloture motion, which the miss that.’’ So I just suggest that there But it seems to me, Mr. President, clerk will state. may be a lot of things—I am proud of that we have President Clinton de- The legislative clerk read as follows:

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