Tom Daschle

Mr. DASCHLE

Mr. DASCHLE. Mr. President, as the Senate family knows, one of our former Secretaries of the Senate, J. Stanley Kimmitt, passed away suddenly on December 6, 2004. I recently received a note from William F. Hildenbrand, another former Secretary of the Senate, concerning Mr. Kimmitt, and I would like to have its contents printed in the Congressional Record. On a historical note, Mr. Hildenbrand had succeeded Mr. Kimmitt as Secretary. This was occasioned by the Democrats losing the majority of the Senate in the elections of 1980. It is clear that admiration of Mr. Kimmitt extends across the aisle. The material follows: William F. Hildenbrand: It was with great sadness that I learned of the passing of my predecessor, the Honorable J. Stanley Kimmitt. Stan was one of the shining lights in the Senate's illustrious history. He was the twenty-second Secretary of the Senate in its history. We did not know at the time of our meeting that we both had served in the 78th Infantry Division in World War II, and both had crossed the Rhine at Remagan. On the anniversary of that crossing we were honored by the then-mayor of Remagan and invited to attend the ceremonies. Our Senate duties precluded our attendance but Stan managed to have a flag flown over the Capitol and he had it presented to the mayor on behalf of both of us to be flown on the day of the ceremony. Stan was truly a Senate man and the Senate will not see his like again. Vaya con dios, Mr. Secretary.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I suggest the absence of a quorum.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I think the majority leader has described the situation accurately, and I believe it is the best way in which to resolve what has been a very understandable concern on the part of so many Members on both sides of the aisle. I thank the distinguished Senator from North Dakota for first flagging this question and the issue and calling it to our attention, and all of those who have offered ways in which we might resolve the problem tonight. The solution has four parts. First, we will pass the continuing resolution that will accommodate the time that will be required for us to resolve this matter. The second will be that we will pass the conference report and, as the majority leader has noted, we will hold it at the desk. The third is that we will pass a resolution that will allow the correction in the conference report, an enrolling resolution. That will be part of this process. Fourth is that the House will take up the matter on Wednesday. We will hold it at the desk until that matter has been resolved, and then send it to the President once this work has been completed. This is, by far, the safest and easiest and, in some ways, the most confident way in which to address this question. I think, having addressed it in these four parts, we can all be satisfied that we will have accomplished what we set out to do, which is fix the error and pass the legislation. Many on our side may want to express themselves after we vote on it. People have expressed concern about other parts of the bill and, throughout the day, our colleagues have expressed themselves on the conference report in ways outside of this particular problem. But I think, procedurally, this is the right way to approach the matter. I think, ultimately, it accommodates the concerns people have had on both sides of the aisle. I hope we can reach agreement tonight to allow this process to go forward.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, nearly 26 years ago, I arrived in Washington as a newly elected Congressman with an urgent desire to help the people of my State but not nearly as much knowledge as I wanted about exactly how to do that. Having good ideas and getting those ideas enacted into law, as my old friend Paul Wellstone used to say, are often two very different matters. I decided to call on some of my heroes men who were serving in Congress then who had contributed greatly to the life of our Nation and whom I admired. One of those men was Claude Pepper. Another was Mo Udall. Both shared their time and wisdom generously with me and gave me advice that has guided me all these years. In 1988, Mo Udall wrote a wonderful book entitled ``Too Funny to be President.'' I recommend it to anyone, especially those who have the privilege of serving in elected office in our great democracy. The ability to see humor in one's own circumstances and to share a good- natured laugh with others is essential if you are going to last long in public office. Mo Udall dedicated his book ``to the 3,000 members of Congress living and dead with whom I served for nearly three decades.'' As I prepare to end my own nearly three decades in Congress, I, too, am deeply grateful to all of the Members of Congress living and dead with whom I have had the privilege of serving and from whom I have learned so much. The list of such members is long. In addition to my early mentors, Claude Pepper and Mo Udall, it includes members who were gone long before I was born, but whose legacy is still felt today giants like Webster, Clay, and Calhoun. It includes Senators such as Margaret Chase Smith, who had the courage to take on the red-baiting and bullying Senator Joe McCarthy in 1954 in her famous ``Appeal to Conscience'' speech not far from where I stand now. The list includes two Senators who first inspired me to pursue a life in public service John and Robert Kennedy and it includes their brother and my friend, Senator Edward Kennedy, one of the finest, most capable Senators America has ever produced. The list also includes earlier Senate leaders--men such as Lyndon Johnson, the ``master of the Senate;'' Mike Mansfield, one of my personal heroes, who showed that progress and bipartisanship are not mutually exclusive; and Howard Baker, a master of the art of principled compromise. The list of those who have inspired me includes George Mitchell and Bob Dole, the two leaders who taught me the most about this job. It includes my fellow South Dakotan, George McGovern; Mark Hatfield, who offered to resign from the Senate rather than cast a vote he could not square with his own conscience; and Jim Jeffords, who showed the world that one person can change history. It also includes Paul Wellstone, the soul of the Senate; Robert Byrd, as eloquent and determined defender of our Constitution as has ever lived; and many others. Today, I would like to say a few words about eight additional Senators with whom I have served these last historic 6 years, all of whom will be leaving when this Congress ends. Senator Nickels, Senator Campbell, Senator Fitzgerald, and Senator Miller, it has been a privilege to work with each of you. You have each sacrificed much to serve our Nation and I am sure you will continue to serve America well in the years to come. Six Democratic Senators are leaving at the end of this Congress. Among them is our friend, the senior Senator from Louisiana. John Breaux I was joking with another friend recently that the good thing about John Breaux retiring is that maybe now he will finally be able to loosen up a little. John's ability to make us laugh even in tough times is a gift we have all treasured. Another gift of John's is his ability to find workable compromises on even the most difficult issues. He really is a master of the art of the compromise. A couple of years ago, I read a newspaper article in which John talked about what he might do if he ever left the Senate. He pointed out that Huey Long had actually served as Louisiana's Senator and Governor at the same time. I thought when I heard that that maybe John would never leave the Senate; he would just diversify. Regrettably, he is leaving now. I know that serving as Ambassador to France has always been high on John's list of post-Senate dream jobs. I understand that a few years back, John asked President Clinton, ``Do you think I could handle France?'' to which President Clinton replied, ``The question is whether France could handle you.'' Whatever John Breaux decides to do next, I have no doubt that he will continue to find ways to serve the people of Louisiana and America. And I know he will have a heck of a good time in the process. John and Lois are special members of our Senate family, and we wish them all the best in the future. John Edwards We also say goodbye to John Edwards. I think it is probably no coincidence that John Edwards holds Sam Ervin's old seat in the Senate. Like Sam Ervin, John has a brilliant legal mind and a deep love of justice. In 2001, the first bill Democrats brought to the floor after we retook the majority was the Patients' Bill of Rights. I couldn't believe my luck: My first bill as majority leader--the Patients Bill of Rights and I was able to tap as floor leaders Ted Kennedy and John Edwards. It was like looking down the bench and seeing Babe Ruth and Willie Mays. You just knew the Patients' Bill of Rights was finally going to pass the Senate. And it did--in large part because of John Edwards' remarkable skill and deep personal commitment. I think one of the great lines in American literature is the line near the end of ``Death of a Salesman'' where Willie Loman's wife Linda says her husband wasn't famous or powerful, but he was a good man to whom respect must be paid. That same conviction is what has motivated John Edwards' whole life: The belief that there is dignity and worth in every person, including people who work hard every day in mills, and factories, and farms. In his race for the Democratic Presidential nomination and with John Kerry as our party's Vice Presidential nominee, John Edwards brought a sense of hope and optimism to millions and millions of Americans. John and Elizabeth Edwards both won places in our hearts immediately, and our hearts and prayers are with them and their wonderful children today as Elizabeth continues her recovery from breast cancer. We look forward to spending many more happy years with them. We also look forward to the good work we know they will do for our Nation in the years ahead. Bob Graham The best way I found to stay in touch with the people who elected me was to drive through every county in South Dakota every year and just talk to whomever I ran into about whatever was on their mind. Bob Graham found an equally effective way of staying in touch with average Floridians. He calls them workdays. He would spend a day working in another job. This year, he worked his 400th workday. He spent that day the same way he spent his first workday 30 years ago: as a teacher. That is appropriate because, in fact, Bob's entire career has been a living lesson in public service. A while back, I was looking over the list of Bob's workday jobs and I have to tell you, I am amazed! Think about all the things he has done: NASA payload specialist, firefighter, bagel maker, bullet-proof vest maker, pea picker, phosphate miner, Air Force Special Operations gunner, circus worker elf! Clearly, it wasn't lack of other career options that has kept Bob in the Senate for 18 years. What is kept him here is simple. It is his love of Florida, and of this country. It is a sense of responsibility that he inherited from his father and that has animated his whole life. Bob Graham is a moderate with a capital M. And he is one of the nicest people you could ever meet. But when it comes to the people of Florida, when it comes to doing right by America, strengthening America's economy, creating good jobs, investing in children, and standing up for America's veterans and military families, Bob Graham is a fierce fighter. And when it comes to protecting our Nation from terrorism, he is a heavyweight fighter. America is safer today because of his courage and tenacity. I suspect the only people who could possibly be sadder about Bob's retirement than the members of our caucus are the people who make those Florida ties! We wish Bob and Adele the very best of luck in all their future endeavors. Ernest Hollings Another remarkable Senator who is retiring this year is Fritz Hollings. I used to joke with Fritz Hollings that he is the real reason C-SPAN first started its closed-caption broadcasts. Fritz's deep Charleston accent, like the man himself, is an American classic. When you look inside Fritz Hollings' desk on the Senate floor, you see the names of giants: John Calhoun, Huey Long, Russell Long, Wayne Morse--courageous men who never hesitated to speak their minds. Fritz has earned the right to stand with those legends. He was 36 years old when he was elected Governor of South Carolina. As Governor, he wrote the book on governing in the New South. He raised teacher salaries, invested in education and training, and laid the foundation for South Carolina's economic transformation from an agrarian State to a high-tech, high-wage State. One of the amazing things about Fritz Hollings is how often he has been able to see the future before others--not just on matters of race, but on issue after issue. He was the first Deep South Governor to acknowledge the existence of widespread hunger in his State. He was also the first southern Governor to understand that you can't create a modern economy simply by cutting taxes, you have to invest in education and training. He has been a relentless advocate of balanced budgets and fiscal discipline since long before they became political buzzwords. In 1984-- years before Ross Perot uttered the words Fritz Hollings made deficit reduction a central plank in his Presidential bid. He has been fighting for fair trade, and against the export of American jobs, his entire career. He has been calling for a long-term, comprehensive energy plan since before the first OPEC oil crisis in 1973. He wrote America's first fuel-efficiency standards--in 1975. He was in the forefront of the movement to protect America's oceans in the early 1970s. He saw the future of telecommunications before a lot of Americans knew what ``surfing the Internet'' meant. He was pushing for increased port and air security before September 11. If some people have occasionally found Fritz a little difficult to understand, I suspect it was not so much because of his wonderful Charleston accent but because he was so often ahead of his time. Now Fritz and Peatsy are moving home to live full time in their beloved South Carolina, but they will always have a special place in the Senate family. We wish them the very best. I have to be honest, Mr. President, it was not my wish to depart with these fine Senators. But it has been my honor and a joy to serve with them, and one that I will remember all the days of my life.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, like the distinguished Senator from Illinois, I take a couple of minutes this afternoon to come to the floor to express in the most heartfelt way, as he just has, my profound thanks for the opportunity I have had to serve in the Senate. I congratulate him on his successful career and wish him well in all of his endeavors. I would like to begin where he ended--by thanking my family: my wife Linda, my mother, my daughter Kelly, Eric, our son Nathan, and Jill, and our daughter Lindsey. I thank my staff. I actually believe--and I am sure each of our colleagues shares this view--that I have the finest staff the Senate has ever assembled. They have served me, they have served this institution, they have served the people of my State, and they have served this country with remarkable professionalism, dedication, loyalty, patriotism, and commitment in ways that nobody could possibly register. I thank the people of South Dakota, most importantly, for the opportunities they have given me to live my passion for these past 26 years. No Senator has ever been more grateful, more fortunate than I. I thank my colleagues for their friendship and their loyalty, their support, and the remarkable strength they have given me each and every day. I congratulate the man on my left, Harry Reid. No Senate leader has ever had the good fortune I have had to have an assistant like the man from Searchlight. He is a profoundly decent man who loves his State, this institution, and his country. If friends are relatives that you make for yourself, then he is my brother. I thank Dick Durbin and congratulate him and Debbie Stabenow and Byron Dorgan and Hillary Clinton for their willingness to take on the leadership roles in the 109th Congress. I will say that this Senate and the caucus could not be served better. I congratulate especially Chuck Schumer for taking on what may be one of the most challenging of all leadership positions. I know that he will serve us well. I can remember so vividly 10 years ago when I was elected by one vote. I came to the Senate very nervous and filled with trepidation, but I recognized that we had a job to do. I wanted to use the power I had been given wisely, recognizing that it was entrusted to me so we might make the lives of all people better. Shortly after I was elected leader, I was asked to come to dinner with a good friend of mine, a man in his eighties, whose name was Reiners, from Worthing, South Dakota. Dick was a farmer, had been one of my strongest supporters, most loyal and dedicated friends, one of those people we can all identify with. He asked me to come to dinner that night and I went out to his farmhouse. We had dinner. I asked him for advice. He paused and he looked at me and he said, ``There are two things I will hope for you. One is that you never forget where you came from. Come home. Remember us.'' And then he pointed to some pictures on the wall that I recognized very readily. They were pictures of his grandchildren. He said, ``You have held each one of those grandkids, as have I. Give them hope. Every day you walk onto the Senate floor, give them hope.'' We hugged each other and I left. Later on that night, I got a call in the middle of the night that Dick Reiners had passed away. I never, ever, have been given better advice in all the years before or since and I remember it now. We come to this body with great goals, and our challenge is to stay focused on those goals, to never lose sight of them in the daily challenges and the battles we take on as we come to these desks. Two touchstones, in particular, have helped me remember my goals. The first touchstone is this desk, the leader's desk. You pull open this drawer and you see the names of all the leaders carved in it. It is a constant reminder that we are part of a continuum, a continuum that makes us the heirs and the guardians of a miracle. That miracle is democracy--a government founded on the ideal of freedom. We have sworn to protect that ideal. We have a challenge, as we sit at these desks, to do what soldiers have done for 200 years. We either have to fight for this freedom or work at it. In more than 30 wars, 1 million men and women have given their lives for that freedom, and our job is to work at it as if we have given our lives, too--every day. We have to protect and defend that freedom and we must pass it on to future generations undiminished. My second touchstone is a practice I acquired many years ago, making it a habit to get into my car and drive without a schedule to all the counties of South Dakota. There are 66 of them. I do it to be energized, to refresh, to touch the land, to watch the sunsets and the sunrises, the majestic beauty of my State. But more than anything else I do it to be inspired, and to remember how what we do here touches the lives of those I represent. It is an amazing feeling to drive from one county to the other and to see the results of our work in this body. I am honored and very grateful that there is not one county in the State of South Dakota that has not been touched by our work and our efforts these years I have been here, touched in ways large and small. We now are an energy-producing State, which means a lot to me. People said that would never be possible. We have little oil, very little natural gas, no coal--but we now produce 400,000 gallons of fuel a year that otherwise might be imported. We passed farm legislation that is truly giving our farmers and ranchers hope for a better future. My State suffers from poorly distributed water. Our challenge has always been to find a way to take the good water and get it to those locations where they have none. One of the most emotional experiences I have ever had was to watch a family turn on a tap for the first time and cry and embrace each other and pass around a glass and look at it and say ``thank you.'' I am honored to have been a part of creating a new future for Indian students who had long ago given up any hope of graduating in a traditional way, but who now can walk through the doors of tribal colleges with a true sense of fulfillment and optimism that they only dreamed of just a few years ago. The joy of walking into a town and talking to people and being embraced by total strangers who tell you that saved their lives because of something your staff did, recognizing that if it had not been for you, perhaps there would be no life to save. What an honor. What a sense of gratitude. As leader, I have been privileged to meet some of the greatest leaders of our time. I believe that Nelson Mandela would probably rank in a class by himself. Vaclav Havel, Lech Walesa, Mother Teresa, Rosa Parks, Presidents and kings: I have been inspired by them--but not as inspired as I have been by people who are not well known: Carolyn Downs, who runs the Banquet in Sioux Falls, SD, touching lives every day and giving them hope. Louie and Melvina Winters on the Pine Ridge Reservation, who had absolutely nothing to their name and took a burned out trailer house, rebuilt it, and have literally saved the lives of hundreds, if not thousands, of children who had no other place to go, whom they found on their doorstep when the word got out that somehow they were the ones to whom children could turn. Chick Big Crow, who witnessed the death of her daughter, only to make the lives of young people on Pine Ridge richer with her steadfast determination to build a Boys and Girls Club. And there are those like Elaine, who gets up at 4:30 in the morning to go to work. She's 77 years old, with $900 a month in Social Security and $900 a month in drug bills. She works at McDonald's to be able to pay for the rest of her living expenses, and says she is proud to do so. And Mary Ann, who works three jobs, has a blood disease and no health insurance. She says: ``I want you to know something, Senator Daschle. I'm going to make it. I'm going to make it, but I would like a little help along the way, if you can find a way to remember me.'' They are the heart and soul of America, and they need us now maybe more than ever before. We are each given a number when we come to the Senate. I think it is a wonderful tradition. And I have always been so proud of my number. My number is 1776, the year of our Revolution. I think of that number not just because of its unique nature, but it reminds me every day that we are still part of an American revolution. As a nation, we are making monumental decisions about what kind of country this will be. Will we use our powerful might as a force just for vengeance and protection against those who would destroy us, or will we use it for progress the world around? Will we recognize that power is not just our arms, but our wisdom, our compassion, our tolerance, our willingness to cooperate not just with ourselves but with the whole world? Will we honor the uniquely American ideal that we are responsible for passing onto our children a future that is better, or will we forfeit the promise of the future for the reward of the moment? These are questions that we will continue to face. Several months ago, I came to the floor and gave a speech at this desk expressing the hope that regardless of how the election turned out, we could continue mightily to search for the politics of common ground. I am proud of those times in this body when we showed our very best. I am proud of that moment on the Capitol steps when we joined hands and sang. I am proud of the effort we made after 9/11 to come together to pass legislation that our country so desperately needed, not just for what it said, but for the message it sent. I am proud of that moment, on October 15, when we were the target of the greatest biological attack in our Nation's history and again we came together. I am proud of those moments when we found common ground on campaign finance reform and the farm bill and Patients' Bill of Rights, highways, measures that in some cases have not yet become law but demonstrated that here, collectively, with common will, there is common good. I know we can continue to find common ground because we have found it in the past, as those instances have demonstrated. If I could leave this body with one wish, it would be that we never give up that search for common ground. The politics of common ground will not be found on the far right or on the far left. That is not where most Americans live. We will only find it in the firm middle ground of common sense and shared values. Ten years ago, my wise friend pointed to his grandchildren and asked me to give them hope. Linda and I now have two beautiful grandchildren. I implore my colleagues to give my grandchildren, Henry and Ava, hope; give all the children and grandchildren of this Nation hope. Let us treasure and protect the great freedoms that we have inherited, and let us always promise and commit that we will pass them on undiminished. I said a moment ago that one of my touchstones is my unscheduled driving. I make notes constantly on these trips. A couple of days ago I was telling my colleagues about how I had been looking through the notes of a trip I made a few years back. I noted I had met with some tribal leaders, and met with a businessman who was trying to find a way to provide childcare for his family as well as his employees. I met a couple who wanted to tour the White House. At the end of all my notes, I made the comment: ``Everything was worth doing.'' The same could be said for my service here. It has had its challenges, its triumphs, its disappointments, but everything was worth doing. And I am grateful for every moment. I love history, and there is wonderful history about the relationship between John Adams and Thomas Jefferson. They were rivals, but they respected each other. And that respect grew as they left office and began correspondence that today is some of our most treasured writing. In one letter to John Adams, Thomas Jefferson wrote, ``I like the dream of the future better than I like the history of the past.'' So it is with me. I have loved these years in the Senate, but I like the dream of the future. It is with heartfelt gratitude to the people of South Dakota, with great respect and admiration for my colleagues, and with love for this institution and the power it has to make this Nation even greater that I say farewell and look to the future with great optimism, with hope and anticipation. I yield the floor.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I share the views just expressed by the majority leader that we are at a point where we may be able to collapse the time that has been originally requested on the debt limit. I know there are a number of Senators who have expressed a great deal of interest in addressing the issue. The distinguished ranking member of the Budget Committee is here and prepared to speak. But it would be my hope, and I would share it with all my colleagues, especially on this side of aisle, we could complete the debate today rather than tomorrow and have a vote sometime prior to the time we leave for the evening. That, I think, is now doable, and I hope that with both sides of the aisle cognizant of our expectation we could complete our work this evening rather than tomorrow, people might take that into account as they consider the amount of time they may want to request. I understand we are taking up the tax bill, and I am very pleased we have reached an agreement on that. I compliment particularly the distinguished Senator from Oregon for his work in that regard. I share the cautious optimism just expressed by the majority leader with regard to appropriations. I think we are still making substantial progress, and it would be our hope that prior to the end of the week we will have an opportunity to address the conference report on that as well, in addition to other matters. It is shaping up to be a reasonably productive week and I look forward to completing our work sometime before the end of this week. I yield the floor.

Mr. DASCHLE

Mr. DASCHLE. I thank the majority leader. I only reiterate what I said this morning. Obviously, our ability to expedite consideration of the omnibus bill, which is very critical, will be directly related to the degree to which extraneous matters are incorporated in the bill. I hope very earnestly that people who have an inclination to want to add extraneous issues can refrain from doing so in order to complete our work and to avoid what might be an extended delay. I know both sides are working with that in mind. I appreciate the effort made to bring this matter to a close. This is probably one of the most important remaining pieces of unfinished business. I appreciate very much the leader's report tonight. I yield the floor.

Mr. DASCHLE. Mr. President, I ask if the majority leader can give us any understanding as to progress that may have been made today on the appropriations and the omnibus bill. It is my understanding it is unlikely the bill will come up before Friday, but might he share with us what he knows about the progress the negotiators made today?

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I want to acknowledge the work the majority leader has clearly laid out as an agenda that I think both sides wish and hope we can accomplish this week. There is a lot to be done but a lot has been done. The distinguished chairman of the Appropriations Committee has worked diligently these past weeks to reach a point where we have agreement, as I understand it, on all but one of the bills. That will allow us to expedite consideration of the appropriations process this week. A lot of work has been done on the 9/11 Commission. Even though we still have not resolved some of the remaining questions, I hope Senators--and House Members especially-- would refrain from extraneous issues because that only complicates our ability to complete our work. There is a lot of effort that has been made now on the nominations package that has been the subject of a great deal of discussion and negotiation for many weeks. As the distinguished majority leader has noted, there is a possibility that we could also do IDEA. I think that would be a great culmination of the effort that has been made throughout the last several weeks as we have looked to completing that work before the end of the year. So much remains. Much has been done. We hope to work very closely with our Republican friends to make this as productive a week as we can. We are also appreciative of the majority leader's willingness to accommodate the schedule for many of us to allow for the travel to Little Rock to attend the dedication ceremonies for the new Presidential library, the Clinton Library. It will be an exciting week, a very busy week, and one that I hope, at the end of the day, will be a very productive one as well. I look forward to working with the majority leader in that regard and will have more to say on many of these bills as the week unfolds.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, as we set to adjourn, I think back to what I said earlier this year about the need to set aside bitter partisanship and move towards a new politics of common ground. During campaigns, candidates and parties should be clear about where we stand on the issues and how we differ with our opponents so that voters can make a choice. That is an essential part of democracy. But we also have a responsibility to work together constructively, where we can, to find common ground. It is not simple, but it is the essential ingredient to making Congress work for the American people. By this measure, the record of the 108th Congress is mixed. At times, we have been able to work across party lines and, as a result, we have been able to make meaningful progress on some of the issues and challenges that matter most to Americans. There is no better example than the National Intelligence Reform Act. Senators from both parties worked together with the members of the 9/11 Commission and the families of the victims of 9/11 to pass real intelligence reform that will make our Government better able to deal with the new threats we face, and make Americans safer in the process. This legislation passed 96-2. It demonstrated how much common cause we can find--and how much we can do--when we put the needs of Americans first. There have been other examples through the course of the 108th Congress. We passed commonsense tax relief for middle-class families, ending the marriage penalty and extending the child tax credits. Under this new law, the 70,000 families in South Dakota will benefit from a $1,000 per child tax credit We passed legislation protecting the pensions of 35 million Americans. Notwithstanding the majority's claims, the Senate confirmed 201 of the President's 211 judicial nominations--95 percent--and the judicial vacancy rate now stands at an historic low. I am particularly pleased that Senator Johnson and I have been able to work with our colleagues to advance measures deeply important to the citizens of South Dakota. We honored the service of our National Guard members and Reservists by extending their access to the military's TRICARE health care system. We approved key incentives for the ethanol industry that will mean thousands of jobs for South Dakota and millions of dollars in revenue for South Dakota farmers. And we have offered significant help to farmers and ranchers struggling to deal with the effects of the 5-year drought. Each of these accomplishments was the product of bipartisan leadership. They testify to the fact that the Senate can make progress for the American people when we put aside partisanship and focus on the real challenges facing Americans. We all agree, however, that those moments were far too rare. On a number of occasions, the Republican leadership pursued an all- or-nothing strategy that can be poisonous to the legislative process. One of the most regrettable instances was the Transportation bill. In February, we passed legislation to modernize our transportation infrastructure and create 2 million jobs by an overwhelming, bipartisan margin. But despite that, the White House and House blocked the Senate bill from becoming law. The same process was at work with the Energy bill. The Senate passed a bipartisan bill that had few controversial provisions. But once the Republican leadership insisted on attaching poison pill provisions, this bill became impossible to pass. The same all-or-nothing approach kept us from passing a bipartisan gun liability bill. It doomed a bipartisan effort to bring down the cost of prescription drugs for America's seniors by enabling them to shop for better prices across the border. It prevented us from raising the minimum wage at a time when millions of Americans work full time yet still live and raise their families in poverty. And it kept the Senate from passing a mental health parity bill that has 77 cosponsors in the Senate and 249 in the House. There is a long list of bipartisan legislation that has been left undone. That list exists solely because the leadership put the needs of American families behind those of insurance companies, drug companies, HMOs, and other special interests. Rather than listening to the voices of the American people, they have worked to advance rigid ideological theories. Nowhere has that dogmatic stance been more damaging than to the budget and appropriations process. The minimum requirement of any Congress, our most basic responsibility, is to pass the appropriations bills that enable our Government to continue working for the American people. At the beginning of the 108th Congress in 2003, we were told that the White House and Republican leadership would ensure the budget and appropriations process ran more smoothly than ever before. But each of the last 2 years, the process has broken down. Last year, the Republican leadership was forced to resort to an omnibus spending bill that combined seven different appropriations bills. This year, we might return after the November elections to vote on a massive omnibus spending bill that sews together nine different appropriations bills. This is not merely a difference of procedure. We all know that omnibus spending bills are fundamentally undemocratic, because they deny the American people the right to have their representatives the chance to vote on the details of how the Government is spending their money. Omnibus bills are invitations to abuse. Last year, for instance, the Republican leadership used conference negotiations to attach to the omnibus a series of provisions that could never have passed the House or Senate on their own. We don't know what provisions will be attached to the omnibus this time, and we won't until the spending bill comes out of conference in November. One thing is clear. This is not the way the Framers intended us to legislate or fund our Government. And it is not what the American people sent us here to do. They deserve better. They deserve leadership that put their needs first. Throughout this Congress, we should have applied a simple test to our work. With each piece of legislation that came before us, we should have asked: Does it do right by America? Does it do right by our troops fighting for our security overseas? Does it do right by the seniors who need help buying prescription drugs? Does it do right by middle-class families struggling to make ends meet? Does it do right by our children whose future is in our hands? Doing right by America demands a politics of common ground. We were able to achieve this common ground for the people of South Dakota. And as the Intelligence Reform Act proved, Congress is able to put aside partisan politics for the sake of all America, as well. We are capable of doing right by America. We have made progress, but clearly there is much work left to be done. I look forward to taking up this work again next year, tackling the challenges of the American people, creating a true politics of common ground, and doing right by America.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, today is a day that has taken too long to come. But it is a day of victory for hard-pressed farmers and ranchers who have been devastated by various natural disasters around the Nation. Today, we have approved $2.9 billion in emergency relief for family farmers and ranchers across America. From Florida to Washington State, all along the eastern seaboard and into the Midwest and upper Midwest, farmers and ranchers have faced circumstances beyond their control. In my State of South Dakota, we have seen 5 years of drought. Farmers have gone out of business and ranchers have sold entire herds. This is not just an issue for farmers and ranch families alone, it is an issue for the rural communities in which they live as well. In a State like mine, whose primary industry is agriculture, weather- related disasters are truly economic disasters for the entire State's population. That is why many of us have been fighting for adequate disaster assistance for so long. When we passed the farm bill in 2002, a bill that I am very proud to have been a part of, we added a new program, the Counter-Cyclical Program. It only provides assistance to producers when prices are low. In fact, this program has now saved $15 billion just in the last 2 years. We said at the time we would not need any economic disaster assistance, and we have not. But we will need weather-related disaster assistance. That is something that the administration has failed to acknowledge. In fact, in 2002, in the middle of the worst drought since the Dust Bowl year of 1936, the President came to our State and told farmers and ranchers to tighten their belts, that they were not going to get any disaster assistance. That statement stunned many of us who had witnessed firsthand the devastation that the drought had caused for farm and ranch families and the communities in which they live. As the drought persisted in 2003, we still had no opportunity for help. Finally, in difficult negotiations over the last several weeks and with bipartisan support in both the House and the Senate, we have managed to craft disaster assistance that will go to the President for his signature. So today the Congress is now approving the $2.9 billion in agriculture disaster assistance. That is the good news. It is a win for farmers and ranchers, and it will allow many of them to stay on the land and continue their businesses and continue a rural way of life. This bill will provide payment for farmers who have lost over 35 percent of their historic yields and livestock producers who have lost over 40 percent of their available grazing land. I thank Congressman Charlie Stenholm. We would not have any disaster aid without his leadership in the House. I thank my colleagues in the Senate, especially Senator Baucus, who led a bipartisan group of Senators, all of whom supported disaster aid and worked to pass this important legislation. I also thank Senator Harkin for his passionate support for the recognition that this aid ought to be declared an emergency like all other forms of assistance that we have passed for other parts of the country. America's family farmers and ranchers do not just produce commodities, they produce communities. They are an important part of our national identity. They reflect our national values. For too long, they have been suffering, not because they made bad decisions but because of bad weather. We cannot do anything about the weather, but we can take steps to help family farmers and ranchers weather this crisis. So I am proud of what we have been able to do today, and I hope the USDA will immediately begin the process of distributing this much needed assistance to farmers and ranchers across the Nation. I yield the floor.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I thank the distinguished Senator from Massachusetts. I share his view about the importance of these matters and about the urgency with which we must work to ensure the completion of our work on the same bipartisan basis that we demonstrated to pass the bill here on the floor.

Mr. DASCHLE. I thank the majority leader and I am happy to yield.

Mr. DASCHLE. I thank the majority leader for his comments and assurances. For the Senate to work effectively we need to be able to rely on each other's word. We accept your word that the Senate conferees will stay together, and you have my word that we will continue to work in good faith and do everything possible to complete action on this bill as soon as possible. As we act quickly we ought to make sure that we minimize logistical problems for the conferees. I think we can avoid scheduling difficulties if there is at least 48 hours notice prior to meetings, and that there be an understanding that there will be ample time to meet and deliberate before decisions are made on significant matters. I hope that's acceptable to the majority leader.

Mr. DASCHLE. I thank the majority leader for his kind words and for his exemplary work on this bill. Both the process and substance of the Senate bill reflect upon the best traditions of the Senate, and the Leader deserves enormous credit for that. Our side wants to appoint conferees and send a bill to President Bush as quickly as possible. But many on our side have concerns about what will happen when we meet with the House. The Senate bill passed by a 96-2 margin. It was, as you said, a model of bipartisan cooperation from start to finish. And every Republican Senator voted for S. 2845. The House followed a different approach. Virtually every House Republican just voted against the bill that every Republican Senator voted for. So this could be a difficult conference. In addition, many on our side are concerned over the pattern that's emerged in conferences with the House. Almost a year ago Republican and Democratic Senators reached a consensus on an omnibus appropriations bill. But when we went to conference, that consensus gave way to the House demand that their position prevail. So Senate position on overtime, country-of-origin labeling, and other issues were dismissed. Earlier this year the Senate overwhelmingly passed legislation dealing with our Nation's pension system; the House passed a bill that had no bipartisan consensus. In that conference there was one outstanding issue regarding multi- employer pensions. And despite the bipartisan consensus in the Senate, the House again demanded that the Senate position be dropped. And it was. Just last week, we had a conference on the FSC bill. This bill passed the Senate almost unanimously. But on critical issues dealing with FDA regulation and overtime provisions, the House conferees succeeded in demanding that the House position again prevail. So there is considerable apprehension on our side what will happen in this conference if the House again demands that its position be accepted. All of those previous bills were important, but I think we all would agree that nothing is more important than making our country safe from attack. We have to get this bill right and the Senate bill does that.

Mr. DASCHLE

Mr. DASCHLE. Madam President, I would concur it is our understanding that these matters will be handled by voice except for the FSC conference report. While we do not have it before the Senate at the moment, we will also be asking that Senator Boxer be recognized for 30 minutes and that a resolution having to do with a provision she has been very involved with be taken up as well. But that would be momentarily. Again, I appreciate her cooperation, along with that of many others.

Mr. DASCHLE. Madam President, I want to express my gratitude to a number of our colleagues who have worked with us to accomplish the multifaceted agreement that has now been put into place. I know this has been a very difficult and trying time for the entire Senate, and I know that my colleagues who have been to the floor and have expressed themselves over the last several days did so with the very best intent. I think this is the best resolution to accommodate the very understandable concerns they have, but also to allow the Senate to complete its work. We have much more that needs to be done when we come back, and obviously we are going to be working on that. But this does allow us to move forward on what I think has been a very consequential week. The FSC bill, the military construction bill, the Homeland Security bill, the 9/11 conference report, the legislative reorganization, we have been able to do a good deal of work in a very short period of time. This will culminate our effort to complete the work and to move forward. I appreciate very much their cooperation and their willingness to allow us to enter into this resolution. I ask unanimous consent that Senator Kennedy be recognized tomorrow to speak for up to 30 minutes.

Mr. DASCHLE

Mr. DASCHLE. I yield the distinguished Senator from Louisiana an additional 15 minutes.

Mr. DASCHLE. Mr. President, I had not intended to come to the Senate to respond to the distinguished majority leader, but I feel compelled to do so. He had mentioned the disagreements that are currently pending with regard to completion of our work on Homeland Security and the Military Construction bill, the so-called FSC bill, and I think my response to his lament, publicly, is to say that really is the metaphor for the whole Congress. Our situation today involving these particular bills is no different than the situation we faced on so many other pieces of incomplete action. In those instances when we have been able to work together, legislation has passed. That is the essence of good legislative achievement, coming together, finding common ground, resolving the differences, and enacting the law. But on so many pieces of legislation, in spite of the fact we would move in a bipartisan way, with overwhelming votes in the Senate, we get to conference, and for various reasons--in large measure because of the Republican leadership in the House--those bills that passed with overwhelming bipartisan consensus in the Senate were made impossible to pass once they got through conference. That is true of the highway bill. It is true of the energy bill. It has been true of countless legislative experiences over the last 2 years. That is in essence why we find ourselves here today. I am confident, in fact, we are very close, perhaps, to reaching an agreement that will break the impasse on the pending bills. I understand completely the anger, the frustration expressed by both my colleagues, Senator Landrieu and Senator Harkin, when the conferees took the actions they have to make it as unfair to segments of our society that they believe very strongly ought to be defended. In Senator Harkin's case, it is the double standard we are forcing farmers and ranchers to endure as a result of a decision made by the conferees to make farmers take the very assistance they are going to get for disaster out of their other pocket. Many have talked about this already, and I don't think it needs elaboration, but that double standard, that unfairness, simply cannot go without an objection. In the case of the distinguished Senator from Louisiana, her concern, rightly so, has been fair tax treatment for members of the National Guard. If we can find ways with which to address the marriage penalties--and we should and did--find ways to address the childcare tax credit--we should and we did--her view is that those brave fighting men and women in Iraq today ought to have the same consideration, the same appreciation for a recognition of their sacrifice. It is not enough to simply say ``thank you.'' We ought to find a way to say ``thank you'' with more meaning. That is all she is suggesting. On those two issues, even though I am increasingly optimistic we may be able to break this impasse, it could have been avoided if simple fairness would have been reflected as we face our responsibilities in the conference committee. As to other issues involving our Senate experience over these last 2 years, the distinguished majority leader again went back to the frequent criticism, unfair criticism, of the way judges have been handled in this Congress. I have to say, for the life of me, I cannot understand how anyone could not be satisfied with a 95-percent success rate. Mr. President, 201 judges have been confirmed. That is more than in the Bush 1 administration in the early 1990s; more than in the Reagan administration in their first term in the 1980s; it is more, by far, than the Clinton administration in the second term when the Republicans controlled the Senate. Ninety-five percent. In baseball, in almost any other walk of life, 95 percent is an A. Yet we hear the constant criticisms and totally erroneous assertions that this has never been done before. It has been done on many occasions before. Most troubling is it was done during the Clinton administration prior to the time their nominees even came to the floor. We had over 65 judges who never even got a vote in the committee. Every single one of these judges got a vote. In some cases, it was a cloture vote. In some cases it was up or down, but it was a vote in the Senate. That is a lot more judges than the previous experience in the Clinton administration. The majority leader mentioned the liability reform matter, and we can debate that over and over. I have said from the beginning and continue to believe that federalization of our tort system does not make sense, but there are ways with which to address improvements and changes in the way the system works. We all oppose frivolous lawsuits, and we ought to get rid of them and find ways in which to address that. Instead of working with us, instead of finding common ground, their insistence was, ``our way or the highway.'' They lay a bill down, fill up the tree, and say: You either vote for it or against it, but you will have no choice. Regarding the majority leader's assertion that this is somehow going to control costs in health care, virtually every single objective analysis has said the limits they are proposing would mean less than one-half of 1 percent reduction in health costs overall. We all recognize there are serious issues involving malpractice insurance premiums we have to address. We want to do that. We have ways with which to do that, including reinsurance, including tax credits and tax relief for those who are paying those premiums, including dealing with medical reviews and finding ways to bring down the costs. But, again, our colleagues on the other side simply refused to work with us to make that happen. There are also many illustrations of their lack of ability to accomplish a legislative agenda in large measure because of huge disagreements on their side. Their lack of ability to address the budget was a disagreement on their side having to do with taxes and appropriations. Their inability to pass appropriations was because of disagreement on their side because of that budget problem. Their inability to deal with energy and transportation and reimportation, in large measure, was as a result of disagreements on their side. The Energy bill is another classic example, as I said a moment ago, of putting the Senate in a position where failure was the only option because of their insistence--their insistence--on special interest provisions that the Republicans opposed. So there is a lot to be said about the ongoing debate about achievements and about obstruction, about the lack of ability to find common ground. But, again, I go back to examples where it has happened. As the majority leader noted, he and I reached an agreement in July on how to deal with the reaction and legislative response to the 9/11 Commission recommendations. We delegated the Governmental Affairs Committee with the responsibility, and it worked. We established a task force to ensure we have a legislative reorganizational response, and it worked, thanks in part to the effort of our distinguished assistant Republican and Democratic leaders. So we can work together. We have demonstrated that. My only disappointment is that on so many occasions, when we could have found common ground, the majority chose to take the political course. It is for that reason, and only for that reason, we have not been a more accomplished Congress in the 108th. There is still time to address a number of issues: asbestos, energy, mental health parity--again, a commitment made by the Republican leader, by others, that we would take up this legislation and pass it. That has not happened, in large part, almost exclusively, because of disagreements, again, on the Republican side. So there is still hope we can reach some common ground. I hope that will be the case. I yield additional time to the Senator from Louisiana.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I ask the Senator from West Virginia have 5 minutes prior to the next vote.

Mr. DASCHLE

Mr. DASCHLE. I thank my dear friend from South Dakota for his question and for his kind words. I simply say there is no logical conclusion one can draw from this except that there are those in the administration and apparently here in Congress who believe farmers and ranchers ought to be subject to a double standard; that they aren't as poor as other victims and the other people who have experienced disasters of other kinds. For some reason, this administration has minimized the losses in agriculture almost from the beginning. As the Senator so well knows, because he was right in the middle of the fight 2 years ago, we tried to persuade the administration to help farmers and ranchers with $6 billion disaster assistance. That was actually passed here on the Senate floor. They sat on it. They stalled it. They did everything they could to prevent it. Ultimately, all we got before the end of the year was about $1 billion--$5 billion less. It is no surprise. This isn't something new for this administration or some of our colleagues in the Congress. This is yet another illustration and pattern of demonstration of how minimally they are prepared to support agriculture and our farmers and ranchers. It is a double standard. It is a shell game. They are telling farmers and ranchers we are going to take money out of your right-hand pocket and put it in your left-hand pocket, and we want you to feel good about it. There is no net additional revenue to be provided to agriculture as a result of this disaster relief. We are simply taking it out of their right pocket and putting it in their left pocket. I can't imagine--and Senator Conrad and others have noted how a rancher or a farmer could be anything but offended--that somebody would insist farmers and ranchers pay for their own grass and drought assistance, disaster assistance and flood assistance, when at the very same time, simultaneously, we are providing meaningful new assistance to the victims of hurricanes, which we all support. The double standard, the shell game, the extraordinary intransigence on the part of those who are opposing the Johnson amendment and opposing our efforts to make farmers and ranchers whole is inexplicable. There is no logic. I appreciate very much his words. I yield the floor.

Mr. DASCHLE. I would be happy to yield for a question from the Senator from South Dakota.

Mr. DASCHLE. Madam President, I thank the distinguished Senator from North Dakota for his very kind words. There are a number of people who deserve great credit, beginning, of course, with our distinguished ranking member on the Senate Agriculture Committee. He has been the most forceful, the most passionate, the most articulate voice for agriculture and I am proud to call him my leader. He and I were in the room when we wrote this a couple of years ago. I remember so vividly. It was in the room across the hall. This legislation wouldn't even exist were it not for what Senator Harkin did in the room across the hall as we negotiated these issues and got the commitment from this administration and from our Republican friends that this conservation program would be fully funded. We got a commitment. Almost before the ink was dry, that commitment withered away. It disappeared. I can understand the frustration of the distinguished Senator, the anger and the disappointment that after being given the commitment over and over again it was virtually the last thing we decided. Only because he held out as aggressively as he did, we finally said yes. OK. If this means getting the farm bill, we will agree to this and we will commit to funding. I was there in the room. I heard it myself, and here we are. This isn't the first time. This is now the second time he has had to come to the floor. I know a lot of Senators are inconvenienced, but I must say nobody is more inconvenienced by the doubletalk and the lack of commitment and the willingness to keep their word than our ranchers and farmers who are so desperate for the help Senator Conrad and Senator Harkin have so eloquently described. Senator Johnson and I have the same situation in South Dakota. I talked to a rancher in the southwest near Edgemont. He broke down in tears, telling me that he is now going to be forced to sell his herd--a herd he has had all of his life. He said, I have never seen anything like this. His lips curled and he choked up. I felt so sorry for him. He said, But I am not alone. I am at the end of my career. I worry about those young farmers and ranchers who are just getting started. What are they going to do? This assistance is critical. But the double standard is so outrageous that I can understand why Member after Member representing farmer and rancher after farmer and rancher is coming to the floor to express their outrage and indignation. You talk about heroes. I thank my colleague from South Dakota for making the effort he did so gallantly. Senator Johnson offered an amendment to say let's treat this disaster assistance the way we are treating all other disaster assistance. I understand it is about $11 billion. Let us treat it exactly the same. He made a passionate defense of that argument and lost on a 6-to-5 vote, as I understand it. It was a party-line vote.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I also concur with the majority leader. I think today is going to be a very important day, because we will now have completed the first phase of the Senate's work in response to the 9/11 Commission recommendations. I have said this now on several occasions, but I think it bears repeating--it would not have happened were it not for the great effort made by the Senator from Kentucky and the Senator from Nevada, our two assistant leaders. I congratulate them and I appreciate their excellent work. The majority leader also noted an interest and absolute necessity of finishing work on the foreign sales credit bill. I will be supporting cloture as well. I know there are all kinds of conflicting views about how many votes, what kind of votes, and what time the vote should be on Sunday. I know it is an inconvenience to a lot of Senators and we will try to accommodate those concerns as best we can. I think a Sunday vote--at least one--is unavoidable. I apologize to those who are inconvenienced. I don't think we have any choice given our circumstances. I also hope we can finish homeland security. As the majority leader has said on several occasions, it is important that we finish the homeland security bill. We cannot leave, as he has noted several times, without finishing that. It sends a terrible message to the country if we are not in a position to complete our work. I know the conferees are almost finished. So I hope we can complete our work over the course of the next several days. We will work with the majority in making sure these unfinished items are completed, even though we cannot say at this point how much more time it is going to take to do so. I appreciate the majority leader's determination to finish our work before we leave. We will work with him to do that.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I would like to take a moment to congratulate the Corral Drive Elementary School in Rapid City for being recognized by the U.S. Department of Education as a ``Blue Ribbon School.'' The Federal Blue Ribbon Schools program recognizes schools that make significant progress in closing the achievement gap or whose students achieve at very high levels. Corral Drive Elementary School clearly meets those high standards. Last year, 90 percent of its students were proficient or advanced in reading, and 84 percent were proficient or advanced in math. South Dakota also has one other Blue Ribbon School this year: The Challenge Center School in Sioux Falls. If you visit Corral Drive Elementary School--as I had the pleasure of doing last spring--it's clear why the school is so successful. It is a lively place where each child's spark of curiosity is nurtured and valued. The walls are covered with students' work and teachers and parents are eager to talk about the children's progress. Overseeing it all is a thoughtful and energetic principal, Mrs. Nancy Whitcher. Like communities across America, Rapid City has had to cut a number of programs for students, in order to meet budget constraints as well as the new mandates in the No Child Left Behind Act. The fact that Corral Drive Elementary School has achieved such success in the face of such significant challenges makes the Blue Ribbon School designation all the more impressive. Parents, teachers, administrators and everyone in the Corral Drive community can be very proud of Blue Ribbon School designation and, more importantly, of everything they are doing to make sure that their children have the opportunity to develop their God- given skills and abilities. Education is something South Dakotans take very seriously, and we are proud of how well our schools are doing. About three-quarters of our children demonstrated proficient on the latest No Child Left Behind exams, and our state ranks among the top 10 in the country on the National Assessment of Educational Progress. Good, strong public schools like Corral Drive are pillars of hope. They are also the cornerstone of American democracy. They are what has helped America create the most innovative, powerful economy the world has ever known. It's important to let our educators and parents know that we value their efforts and celebrate their successes. So today, I am pleased to send my congratulations to the educators and families of the Corral Drive school. Keep up the great work!