RULE. THIS SECRECY REQUIREMENT RECOGNIZES THE FACT THAT GRAND
           JURY PROCEEDINGS ARE ANYTHING BUT FAIR AND BALANCED LEGAL
           PROCEEDINGS. WITNESSES BEFORE A GRAND JURY ARE NOT ENTITLED TO
           LEGAL COUNSEL WHO CAN OBJECT WHEN THE RIGHTS OF THE WITNESS ARE
           BEING VIOLATED. THERE'S NO OPPORTUNITY FOR A PERSON WHO'S HAD A
           TARGET OF A GRAND JURY PROCEEDING TO CROSS-EXAMINE WITNESSES
           AGAINST HIM OR TO PRESENT TESTIMONY THAT HE CONSIDERS FAVORABLE

           TO HIS POSITION. IN THE CASE OF THIS PROSECUTOR AND THIS GRAND
           JURY, THERE WAS NO SECRECY, AT LEAST AS TO EVIDENCE DAMAGING TO
           THE PRESIDENT. THE SUBSTANCE OF EVERY WITNESS'S TESTIMONY WAS
           EAGERLY MADE KNOWN TO THE PRESS AND IN TURN EQUALLY REPORTED.
           AS IF TO ENSURE THAT THE FULL IMPACT OF THE ACCUMULATED,
           DAMAGING TESTIMONY WOULD BE FELT BY THE AMERICAN PUBLIC BEFORE
           ANY CHANCE FOR REBUTTAL TESTIMONY COULD ARISE, THE INDEPENDENT
           COUNSEL THEN RUSHED TO OBTAIN COURT APPROVAL AND TO DELIVER TO

           THE HOUSE OF REPRESENTATIVES THE REPORT AND THE ACCOMPANYING
           DOCUMENTATION WHICH HE ALONE CHOSE TO INCLUDE. THE SPEEDY
           DELIVERY TO THE HOUSE OF THE REPORT AND MATERIALS THE
           INDEPENDENT COUNSEL SELECTED FREED THE GRAND JURY TESTIMONY
           FROM THE LIMITATIONS OF RULE 6(E), GAVE THE PUBLIC THE FULL
           BRUNT OF THE PROSECUTION'S PROSECUTION'S CASE WITHOUT ANY
           OPPORTUNITY FOR THE ACCUSED TO QUESTION THE TESTIMONY ON WHICH
           IT WAS BASED. THE SECOND BASIS FOR CLAIMED UNFAIRNESS, MR.

           PRESIDENT, IS THAT THE INDEPENDENT COUNSEL PRESENTED HIS REPORT
           NOT AS A LEGAL DOCUMENT WHICH SHOULD HAVE SET OUT THE ASSERTED
           GROUNDS FOR IMPEACHMENT AND THEN SUMMARIZE THE EVIDENCE
           SUPPORTING EACH GROUND AS WELL AS THE EVIDENCE ARGUING AGAINST
           IT; INSTEAD, HE CHOSE TO PRESENT HIS REPORT IN THE FORMAT OF A
           NARRATIVE WHERE FACTS ARE PRESENTED IN A MANNER DESIGNED TO
           AROUSE THE GREATEST PUBLIC REVULSION. THE NARRATIVE IS
           ONE-SIDED IN THAT IS SUMMARIZES THE EVIDENCE DAMAGING TO THE

           PRESIDENT AND OMITS ALL OTHERS OTHERS. IT CONTAINS DAMAGING AND
           SALACIOUS TESTIMONY CONCERNING THE PRESIDENT AND OTHERS, EVEN
           WHEN THAT TESTIMONY IS NOT RELEVANT TO ANY ASSERTED GROUND FOR
           IMPEACHMENT. AND THE THIRD BASIS FOR CLAIMED UNFAIRNESS IS THAT
           THE HOUSE, AS OF TODAY, HAS MADE PUBLIC THE INDEPENDENT
           COUNSEL'S REPORT, THE PRESIDENT'S VIDEO TAPED TESTIMONY AND
           2,800 PAGES OF OTHER GRAND JURY TESTIMONY. THIS COMES BEFORE

           THE HOUSE HAS EVEN MADE A DETERMINATION TO BEGIN AN IMPEACHMENT
           INQUIRY INQUIRY. THE EFFECT OF THIS ACTION AND POSSIBLY ITS
           PURPOSE IS TO UNDERMINE ANY FAIR AND OBJECTIVE ASSESSMENT OF
           THE EVIDENCE AND THE ALLEGATIONS. THE RESULT IS TO TRY AND
           CONVICT THE PRESIDENT IN THE COURT OF PUBLIC OPINION LONG
           BEFORE THERE'S ANY OPPORTUNITY FOR THE PRESIDENT'S COUNSEL TO
           COUNTER THE ACCUMULATED WEIGHT OF THIS EVIDENCE. THE RUSH BY
           THE HOUSE TO DISCLOSE ALL HAS PRESSURED THE MEDIA, HAS

           PRESSURED US POLITICIANS, AND AS PRESSURED THE PUBLIC TO COME
           TO JUDGMENT BEFORE THE DEFENSE CAN PRESENT ITS CASE. OUR SYSTEM
           OF JUSTICE REQUIRES THAT AN ACCUSED PERSON FIRST WILL BE
           CHARGED, SECOND WILL BE TRIED, AND THEN, IF CONVICTED, WILL BE
           SENTENCED FOR THE CRIM. IN THIS CASE, THIS PROCEDURE, THIS DUE
           PROCESS, IS BEING TRAMPLED ON. THE INDEPENDENT COUNSEL HAS
           CHARGED THE PRESIDENT AND EVERY EFFORT IS BEING MADE TO HAVE

           THE PUBLIC CONVICT AND PRONOUNCE SENTENCE ON HIM BEFORE ANY
           TRIAL OCCURS.
           
           ONE FINAL PLEA: WE MUST CONSTANTLY REMEMBER THAT THE PROCEDURES
           FOLLOWED IN THIS CASE ARE NOT JUST PROCEDURES WHICH AFFECT THIS
           PRESIDENT AND THIS IMPEACHMENT INQUIRY. WHAT ACTIONS WE TAKE
           HERE WILL SET A PRESS DID NOT FOR FUTURE PRESIDENTS AND HIGH
           GOVERNMENT OFFICIALS AND FOR FUTURE IMPEACHMENT PROCEEDINGS. IF
           THIS PRESIDENT IS NOT ENTITLED TO BE TREATED FAIRLY, THEN WHY
           SHOULD FUTURE PRESIDENTS EXPECT FAIRNESS?

           MR. PRESIDENT, THERE IS A CERTAIN MOB MENTALITY THAT'S TAKEN
           HOLD OF SOME HERE IN OUR NATION'S CAPITAL AND IN THAT
           ATMOSPHERE, IT MAY BE FOOLHARDY TO THINK THAT A CALL FOR
           FAIRNESS, FOR DUE PROCESS, FOR THE RIGHTS OF THE ACCUSED WILL
           BE GIVEN MUCH HEED. BUT JUST AS THIS PRESIDENT JUSTIFIABLY IS
           GOING TO BE JUDGED BY THE AMERICAN PEOPLE AND BY HISTORY FOR
           HIS ACTIONS ACTIONS, WE IN CONGRESS ARE GOING TO BE JUDGED AS
           WELL. IF WE DENY THE PRESIDENT BASIC FAIRNESS, THAT JUDGMENT ON

           THIS CONGRESS WILL BE HARSH, REGARDLESS OF THE FINAL VERDICT ON
           THIS PRESIDENT. MR. PRESIDENT, I YIELD THE FLOOR. I RESERVE THE
           BALANCE OF THE TIME ON THE DEMOCRATIC SIDE. I GUESS THE TIME
           WILL RUN
           
           BETWEEN NOW AND 2:10 P.M.
           

           THE PRESIDING OFFICER: THE SENATOR IS CORRECT.
           

           MR. BINGAMAN: I SUGGEST THE ABSENCE OF A QUORUM, MR. PRESIDENT.
           

           THE PRESIDING OFFICER: THE CLERK WILL CALL THE ROLL.
           
           
           
           
           QUORUM CALL:
           

           A SENATOR: MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM SOUTH DAKOTA.
           

           MR. JOHNSON: I ASK UNANIMOUS CONSENT TO ADDRESS THE BODY FOR 15
           MINUTES.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION. THE QUORUM CALL IS
           RESUNDZED AND THE SENATOR IS RECOGNIZED.
           

           MR. JOHNSON: MR. PRESIDENT, I RISE TO ADDRESS TWO ISSUES TODAY
           BRIEFLY. ONE IS TO GIVE MY FULL SUPPORT TO THE CHILD NUTRITION
           RE REAUTHORIZATION ACT, THIS IMPORTANT LEGISLATION WHICH
           AUTHORIZES AND ALLOWS FOR THE CONTINUED FUNDING OF IMPORTANT
           CHILD NUTRITION PROGRAMS FOR THE NEXT FIVE YEARS UNTIL THE YEAR
           2003. AND I WANT TO COMMEND AGRICULTURE COMMITTEE CHAIRMAN
           LUGAR AND OUR RANK MEMBER, HARKIN, SENATOR HARKIN, AND MY
           COLLEAGUES ON THE SENATE AGRICULTURE COMMITTEE FOR WORKING

           COOPERATIVELY IN WHAT I BELIEVE WAS A VERY EXCELLENT BIPARTISAN
           SPIRIT TO UNANIMOUSLY PASS THIS BILL OUT OF COMMITTEE. I ALSO
           WANT TO THANK MY SENATE COLLEAGUES FOR PASSING THIS VITAL
           LEGISLATION UNANIMOUSLY ON THIS FLOOR THIS PAST WEEK. CLEARLY
           THIS LEGISLATION DEMONSTRATES OUR COMMITMENT TO FEEDING OUR
           NATION'S CHILDREN IN AN EFFECTIVE AND COST-EFFICIENT MANNER.
           THE CHILD NUTRITION REAUTHORIZATION LEGISLATION PROVIDES
           FUNDING FOR THE NATIONAL SCHOOL LUNCH AND BREAKFAST PROGRAMS,

           FOR THE CHILD AND ADULT CARE FOOD PROGRAM, FOR SUMMER FOOD
           SERVICE PROGRAMS FOR THE WOMEN, INFANT, AND CHILDREN -- OR,
           W.I.C. -- PROGRAM, ALONG WITH MANY OTHER NUTRITION FOOD
           PROGRAMS TO FEED OUR NATION'S YOUNG PEOPLE. ONE OF THE
           PROVISIONS IN THIS LEGISLATION THAT I WORKED IN PARTICULARLY --
           WITH A PARTICULARLY FOCUSED EFFORT ON DURING THIS DEBATE WAS A
           PROVISION THAT PROVIDES FOR A DETAILED RESEARCH AND PILOT

           PROJECT ON HOW SCHOOL BREAKFAST PROGRAMS IMPACT A CHILD'S
           ACADEMIC SUCCESS AND BEHAVIORAL ATTITUDES. THIS RESEARCH
           PROVISION IS A MODIFIED VERSION OF S. 1396, THE
           MEALS-FOR-ACHIEVEMENT ACT, WHICH I INTRODUCED THIS LAST
           NOVEMBER. THE RESEARCH PROVISION PROVIDES FOR THE MANDATORY
           FUNDING FOR A SCHOOL BREAKFAST RESEARCH PROJECT TO FURTHER TEST
           THE IMPACTS OSCHOOL BREAKFAST ON CHILDREN'S ACADEMIC AND
           BEHAVIORAL PATTERNS. THIS PROVISION WILL REQUIRE THE SECRETARY

           OF AGRICULTURE TO CONDUCT A FIVE-YEAR SCHOOL BREAKFAST STUDY IN
           SIX DIFFERENT SCHOOL DISTRICTS THROUGHOUT THE UNITED STATES
           INVOLVING APPROXIMATELY 15,000 SCHOOLCHILDREN. AS I HAVE STATED
           BEFORE, THE RESEARCH ON THE IMPACTS OF CHILDREN EATING SCHOOL
           BREAKFAST SO FAR POINTS OVERWHELMINGLY TO A POSITIVE RESULT.
           NOT ONLY DO OUR RESEARCH STUDIES SO FAR INDICATE THAT ACADEMIC
           SCORES IN READING, WRITING AND MATH IMPROVE, BUT LEVELS OF

           HYPER ACTIVITY AND TARDINESS ARE GREATLY REDUCED. THE PURPOSE
           OF THE STAUD DID I CONTAINED IN THIS LEGISLATION IS TO FURTHER
           ANALYZE THE EXISTING DATA TO PROVIDE THE ADDITIONAL RESEARCH
           AND DATA AT A NATIONAL LEVEL AND TO PROVIDE THE POSITIVE
           IMPACTS TO SHOW WHAT THE POSITIVE IMPACTS ARE OR THE IMPACTS
           ARE IN GENERAL OF EATING A SCHOOL BREAKFAST. IT'S IMPORTANT TO
           NOTE THAT THE FUNDING FOR THE RESEARCH PROVISION WILL REQUIRE
           NO NEW ADDITIONAL EXPENSES AND MAIN TANS OUR BALANCED-BUDGET
           DISCIPLINE. IT IS NOT MY INTENTION THAT THIS RESEARCH PROJECT

           CREATE ANY NEW FEDERAL BUREAUCRACY. BUT, HOWEVER, THE -- ONCE
           THE RESEARCHERS HAVE COMPLETED THE FIVE-YEAR STUDY AND FIND, AS
           I FEEL THAT THEY WILL, THAT BREAKFAST DOES INDEED IMPROVE A
           KHILESEDE ACADEMIC SUCCESS, WE AS FELLED LAWMAKERS CAN THEN
           WORK WITH LOCAL AND STATE SCHOOL OFFICIALS TO CREATE GUIDELINES
           OF HOW SCHOOL BREAKFASTS CAN IMPROVE SUCCESS IN ALL OF THE
           SCHOOLS THROUGHOUT OUR NATION. THE RATIONALE FOR THIS
           
           PROVISION IS VERY SIMPLE: IN ORDER FOR THE UNITED STATES TO

           COMPETE EFFECTIVELY IN THE WORLD, WE SURPLUS AN EDUCATED AND
           PRODUCTIVE WORK FORCE. WE HAVE FAR TOO MANY CHILDREN WHO SIMPLY
           ARE NOT PREPARED AT THE BEGINNING OF EACH SCHOOL DAY TO SUCCEED
           WITH THEIR SCHOOLWORK. IN 1994, THE MINNESOTA LEGISLATURE
           DIRECTED THE MINNESOTA DEPARTMENT OF CHILDREN, FAMILIES, AND
           LEARNING TO IMPLEMENT A UNIVERSAL PILOT PROGRAM TO INGRATE A
           BREAKFAST SCHEDULED FOR ALL STUDENTS. THE EVALUATION OF THE
           BREAKFAST PROGRAM AT THE UNIVERSITY OF MINNESOTA SHOWED THAT

           WHEN ALL STUDENTS ARE INVOLVED IN SCHOOL BREAKFAST THERE IS A
           GENERAL INCREASE IN LEARNING AND ACHIEVEMENT. THEN AGAIN,
           RESEARCHERS AT HARVARD AND MASSACHUSETTS GENERAL HOSPITAL
           RECENTLY COMPLETED A STUDY ON THE RESULTS OF A UNIVERSAL FREE
           BREAKFAST AT ONE PUBLIC SCHOOL IN PHILADELPHIA AND TWO IN
           BALTIMORE. THAT STUDY PUBLISHED IN WEEK IN THE ARCHIVES OF
           "ADOLESCENTS AND PEDIATRIC MEDICINE," FOUND THAT STUDENT WHOSE
           ATE THE BREAKFAST SHOWED GREAT IMPROVEMENT IN MATH GRADES IN

           PARTICULAR BUT ALSO IN ATTENDANCE AND PUNCTUALITY. THE
           RESEARCHERS ALSO OBSERVED THAT THEY SHOWED FEWER SIGNS OF
           DEPRESSION, ANXIETY, OF HYPERACTIVITY AND OTHER BEHAVIORAL
           PROBLEMS. THIS STUDY IS REFLECTED IN AN ARTICLE IN THIS WEEK'S
           "ECONOMIST" MAGAZINE, MR. PRESIDENT. AND I'D ASK UNANIMOUS
           CONSENT THAT THIS ONE-PAGE ARTICLE BE INCORPORATED INTO MY
           REMARKS.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. JOHNSON: "THE ECONOMIST" NOTES THAT RESEARCHERS FOUND THAT
           "KID WHOSE STARTED EATING SIGNIFICANTLY MORE BREAKFAST WERE
           DOING BETTER AT SCHOOL PARTICULARLY IN MATHEMATICS. THIS RESULT
           CONFIRMS EARLIER SDUD DIS ON THE BENEFITS OF BREAKFASTING ON
           ACADEMIC PERFORMANCE. DR. MUR FAINDZ HIS COLLEAGUES ALSO FOUND
           THAT THOSE CHILDREN WERE SLIG LESS LIKELY TO FEEL ANXIOUS OR BE
           DEPRESSED OR BE DESCRIBED AS HYPERACTIVE OR DISRUPTIVE, LESS
           LIKELY TO PLAY TRUANT OR BE LATE FOR SCHOOL. BREAKFAST," THE

           "ECONOMIST" NOTES, "MAY BE AN EFFECTIVE WAY TO HELP CHILDREN
           WHO NEED HELP THE MOST." SO THE PROVISION OF THE JOHNSON SCHOOL
           BREAKFAST AMENDMENT IN OUR OVERALL NUTRITION AUTHORIZATION WILL
           BUILD ON ALREADY-EXISTING RESEARCH IN INDIVIDUAL SCHOOL
           DISTRICTS AROUND THE COUNTRY TO APPROACH A MORE COMPREHENSIVE
           -- TO COMPREET A MORE COMPREHENSIVE RESEARCH -- TO COMPLETE A
           MORE COMPREHENSIVE RESEARCH STRATEGY STRATEGY. BUT I BELIEVE
           THAT MUCH OF THE FACTS THAT WILL BE FOUND ARE ALREADY APPARENT

           US TO IN THE SMALLER RESEARCH STUDIES THAT ALREADY HAVE BEEN
           CONDUCTED. IT IS MY HOPE THAT WE WILL BE ABLE TO BUILD ON THIS
           FURTHER INFORMATION AND ON THIS BROADER RESEARCH FROM THIS
           LARGER PILOT PROGRAM CONTAINED IN THIS LEGISLATION TO WHAT
           ULTIMATELY WILL BE A UNIVERSAL FREE BREAKFAST PROGRAM FOR ALL
           SCHOOLCHILDREN THROUGHOUT THE NATION. I THINK THAT THE RESEARCH
           ALREADY IS VERY APPARENT THAT THIS COULD BE A VERY
           COST-EFFECTIVE, EFFICIENT WAY OF ENHANCING ACADEMIC PERFORMANCE

           AND MINIMIZING BEHAVIORAL DIFFICULTIES THROUGHOUT ALL THE
           SCHOOLS THROUGHOUT THE UNITED STATES. OBVIOUSLY, THIS PROGRAM
           WOULD BE CONDUCTED, AS I ENVIRGINIA, ON A VOLUNTARY BASIS,
           SCHOOL DISTRICT TO SCHOOL DISTRICT. SO THERE'S NO
           FEDERALIZATION. THERE'S NO MANDATE. BUT YET THERE'S AN
           OPPORTUNITY FOR A CONSTRUCTIVE, POSITIVE PARTNERSHIP TO EXIST
           BETWEEN THE FEDERAL GOVERNMENT AND ITS NUTRITION PROGRAMS AND
           OUR INDIVIDUAL SCHOOL DISTRICTS. MR. PRESIDENT, I ALSO WANT TO
           TOUCH THIS MORNING ON THE STATUS OF AGRICULTURAL DISASTER

           LEGISLATION THAT IS PENDING IN BOTH THE SENATE AND IN THE OTHER
           BODY. AS MANY KNOW, FOR THE LAST SEVERAL MONTHS, THE NORTHERN
           PLAINS IN PARTICULAR INCLUDING MY HOME STATE OF SOUTH DAKOTA
           HAVE SUFFERED THROUGH AN EXTRAORDINARILY DIFFICULT TIME IN THE
           AGRICULTURAL SECTOR. WE FACE EXTREMELY LOW PRICES IN BOTH THE
           GRAIN AND THE LIVESTOCK SIDE OF AGRICULTURE. MANY PARTS OF THE
           NORTHERN PLAINS AS WELL HAVE SUFFERED FROM GRAIN DISEASE AS
           WELL AS FLOODING AND OTHER NATURAL CALAMITIES THAT HAVE FURTHER
{END: 1998/09/21 TIME: 13-30 , Mon.  105TH SENATE, SECOND SESSION}