94 



Mr. Waxman. I think if you will give him a chance to answer, 

 you will find out what they are. Dr. Kessler? 



While he is looking it up, if the gentleman would yield to me. 



Mr. Hastert. Sure. I would be happy to yield to the chairman. 



Mr. Waxman. You seem agitated about it. 



Mr. Hastert. I am sitting here, sir 



Mr. Kessler. Congressman, let me read a letter dated June 20, 

 1994: "Dear Mr. Chairman, this letter is in response to your re- 

 quest that I appear before the Health and Environment Sub- 

 committee to testify regarding the Food and Drug Administration's 

 ongoing investigation of nicotine-containing cigarettes. I am 

 pleased to have the opportunity to appear again before the sub- 

 committee on this subject. 



"Since my testimony will relate to an ongoing investigation, I feel 

 it necessary to apprise the subcommittee of the limits that I must 

 impose on the scope of my testimony. As I am sure you can under- 

 stand, I am not in a position to disclose the names of confidential 

 sources or any information in my judgment that could lead to the 

 identification of those sources. I believe that this limitation is es- 

 sential to protect the integrity of the agency's processes and its 

 ability to effectively investigate important public health issues. 



"Moreover, this is consistent with past agency practice when we 

 have been called upon to discuss matters under investigation in a 

 public forum. 



"I appreciate your sensitivity to the importance of preserving the 

 Agency's responsibilities regarding investigations. We stand pre- 

 pared to continue to work with you in your deliberations on this 

 issue." 



Mr. Hastert. Thank you. Thank you for reading it. Those are 

 your standards and procedures; is that correct? 



Mr. Kessler. That is the letter dated that date. 



Mr. Hastert. These are the standard procedures that you are re- 

 ferring to? That is complete? 



Mr. Kessler. No. There are a lot of established procedures and 

 I would be happy to have other people 



Mr. Hastert. But you agree that all Members of Congress, if 

 they have to make votes on this, ought to know what the informa- 

 tion is. Not just the information that you are willing to give us, but 

 all of the information. How do we make intelligent votes if we don't 

 have hearings and get information? 



Mr. Kessler. Congressman, I have no problem with a process 

 that determines the veracity of the quotes that I am saying. I think 

 you have every right — I would like to assure that what I am saying 

 is that those quotes, that I am quoting accurately. 



I cannot — please understand. I don't want to get in a back-and- 

 forth with you. I respect your need to know and have information, 

 but please understand, when you go into the front door and you are 

 told one thing, and in the end — again, I don't want to characterize 

 that statement, but when you go into the front door, and you are 

 led to believe certain things, you rely on certain investigative tools 

 and there is a balance, sir. 



Mr. Hastert. Let me tell you what my balance is and the reason 

 why I guess I was a little bit upset. When a person who works for 

 the taxpayers, such as you do, and who has some responsibility to 



