Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 359, which was submitted earlier today by Senator Coleman.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m., on Thursday, May 13. I further ask that following the prayer and the pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate then begin a period for morning business for up to 60 minutes, with the first half under the control of the Democratic leader or his designee and the second half hour under the control of the majority leader or his designee; provided that following morning business, the Senate resume consideration of S. 1248, the IDEA reauthorization bill, as provided under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the concurrent resolution be agreed to, and the motion to reconsider be laid upon the table, with no intervening action or debate.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H. Con. Res. 389, which is at the desk.

Mr. FRIST

Mr. FRIST. Mr. President, I wish to extend my condolences to the family of Nicholas Berg who, as we all know, was murdered yesterday in Iraq by kidnappers. We grieve for him, and we grieve for his family. At the same time, the actions of his murderers are a reminder to us of what all our soldiers on a daily basis are undergoing. We must endeavor to bring these terrorists to justice as we work to bring democracy, peace, and the rule of law to Iraq. Let us keep in mind all of this in the days and weeks ahead, which will be very challenging times for us all.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements relating to the concurrent resolution be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Con. Res. 108, which was submitted earlier today by Senator Lieberman.

Mr. FRIST

Mr. FRIST. If there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, tomorrow following morning business, the Senate will resume consideration of the Individuals with Disabilities Education Act reauthorization bill. Earlier today, we secured an agreement for finishing the IDEA bill tomorrow. There is one outstanding issue that may require a vote or two, but it is also possible that the language will be worked out. We, therefore, expect a vote on passage of the IDEA reauthorization bill by around 12 to 12:30 tomorrow. Additional votes are anticipated tomorrow as the Senate may consider other Legislative or Executive Calendar items that can be cleared for action. We have a number of Members working on a range of issues, including bioshield and the mental health parity bill. I have repeated our desire to move some of the pending nominations. That is a priority that we must begin to address as well.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the concurrent resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements relating to the concurrent resolution be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Con. Res. 107, which was submitted earlier today by Senator Lieberman.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the concurrent resolution be agreed to, and the motion to reconsider be laid upon the table, with no intervening action or debate.

Mr. FRIST. Mr. President, I ask unanimous consent that the Rules Committee be discharged from further consideration of H. Con. Res 388 and the Senate proceed to its immediate consideration.

Mr. FRIST

Mr. FRIST. Mr. President, I want to also mention that yesterday the Senate Armed Services Committee held a day-long hearing to learn more about the abuse of the Iraqi prisoners at the Abu Ghraib prison. Many of us did not see all of the testimony, but we were able to review it over the course of the day. The committee received detailed testimony from Major General Antonio Taguba, the senior officer who investigated and reported on the Abu Ghraib prison abuses, and from a range of other Defense Department officials. Today, the Intelligence Committee will be holding a closed hearing to explore matters under their jurisdiction related to these incidents. As we know, both committees met last week in a similar fashion. This afternoon, from 2 to approximately 5 o'clock, in S. 407, there will be an opportunity for all Senators to review photographs and evidence related to the prisoner abuse scandal. We will have the opportunity to view them. They will be there from 2 p.m. to 5 p.m. in S-407, after which they will be returned. As I stated yesterday, it is our expectation that the Senate will be apprised of the ongoing investigations being conducted by the Department of Defense and of all the actions being taken to ensure these incidents never occur again. To that end, I simply wish to reflect my perspective that the Defense Department has been very responsive to our requests. Secretary Rumsfeld, General Myers, and their senior aides have updated us as events have unfolded, and they have been attentive to the Senate's requests and to their needs. As the President said the other day, Secretary Rumsfeld--I agree with the President--has done a superb job as Secretary of Defense in very trying and challenging times. I am confident he is taking action to address these deplorable acts in a deliberate manner, in a transparent manner, and is taking all measures to ensure that these acts will never occur again.

Mr. FRIST

Mr. FRIST. Mr. President, I wish to comment, because I did not have the opportunity last night, on the FSC/ETI JOBS bill that was passed last night after a long time on the floor and after a number of amendments, an approximately equal number considered from the Republican and Democratic side. It is a real achievement for this body. It was passed, and it is critical to accelerating jobs and production of jobs in this country. The bill we passed will bring our trade and tax laws into compliance with our trade agreements finally. As many of my colleagues know, the Europeans are already imposing tariffs on our exports. That Euro tax started in March at 5 percent, and until we act--we have acted in the Senate, and now the House must act, but we must act as a Congress-- these will increase 1 percent each month if we do not act. I do want to mention the energy provisions that are part of this bill that were added on the Senate floor--too many for me to refer to now but provisions such as tax credits for the production of electricity from renewable sources, such as wind and solar. It contains tax incentives to promote the production and use of alternative fuels motor vehicles using natural gas. It includes added incentives to promote the use of clean coal and advanced clean coal technology. There are important incentives to increase the supply of natural gas, and the list goes on. The Senate has acted, and I look forward to the House passing its version of this legislation so that the House and Senate can go to conference and we can produce a conference bill without much delay and bring it back to the Senate. There is a lot going on in the Senate both on and off the floor. I appreciate the cooperation of my colleagues as we move America forward.

Mr. FRIST

Mr. FRIST. Mr. President, I will take a couple of minutes to lay out the schedule for today. This morning, the Senate will have a period of morning business for up to 60 minutes. Last night's orders provided that the first 30 minutes will be controlled by the majority and the final 30 minutes will be controlled by the minority. Following morning business, the Senate will begin consideration of IDEA, the Individuals with Disabilities Education reauthorization bill, S. 1248. We will consider that bill under a previously agreed to order, which provides for a limited number of amendments per side. Chairman Gregg will be here to manage the bill on this side. I expect there will be votes throughout the course of the day in relation to those amendments. We should be able to complete our work on this bill either late today or early tomorrow. This morning, I wanted to again comment on the Executive Calendar and the mounting number of nominations. It is an important issue and important to our Nation and to the way we are viewed around the world. So I want to review the process again. I mentioned yesterday morning some of the specific pending ambassadorial nominations awaiting our action, in addition to the 32 judicial nominations. I know the distinguished assistant Democratic leader mentioned these ambassador nominations later in the day yesterday. Again, I want to restate what I mentioned yesterday morning. There are eight nominations for ambassadorships that are pending on the calendar. These nominations have been presented, have gone through committee, and are simply awaiting action on the floor of the Senate. It is not one, two, three, four, or five--it is eight. That includes ambassadorships to Sweden, Brazil, Finland, Romania, South Africa, Nepal, Poland, and Northern Ireland. I know of a concern at this time by a Member on our side of the aisle with respect to one of these eight nominees; however, I don't believe there are concerns on either side of the aisle with respect to the remaining seven nominations. So we are prepared to confirm these other nominations and allow them to begin their important work for the United States of America, the work that awaits them at their posts in the countries I mentioned. Each one of these is important and significant. We are ready to move with them. I do want to restate the intention of bringing it to the Senate floor yesterday, and that was that we need to work together on the nominations. It is really as simple as that. Eight nominations have gone through the entire vetting process up to this point, and they are simply awaiting action here on the floor of the Senate. We are prepared to confirm seven of those eight today. I will also mention that this is true with respect to a number of judges. We have 32 pending judicial nominations as well. Ultimately, once we figure out some way to allow these nominations to be considered, I am confident that most, or many, are going to receive unanimous votes if this body is just given the opportunity to vote. I guess my point is, as I look at the 8 nominations and the 32 nominations, I urge my colleagues not to take this sort of blanket or scorched earth policy of not letting anybody through at all. We need to be reasonable and we need to work together on these nominations. If there is a concern, and if there are certain nominations that are not being considered, there are a lot of different ways we can get attention to those individuals. But this sort of blanket holding things back is something we need to address. I hope the nominations, many of which are probably cleared on both sides, are not held hostage by a few. On this side of the aisle, we are prepared to consider the ambassadors, we are prepared to consider the judges, and we are prepared to vote on the chairmen of a whole range of committees, such as the Consumer Products Safety Commission, HUD nominations, and the list goes on. It is time for good faith and it is time to do our constitutional duty. These nominations are sent to us to be voted upon.

Mr. FRIST

Mr. FRIST. According to Mr. Domm, current tax law permits taxation of this unearned trust income in excess of $1,600 at the child's tax rate upon the child's 14th birthday. Up until the age of 14, the income was taxed at the parent's rate of taxation. This year, Mr. Domm's daughter will turn 14 and will no longer be subject to a tax rate higher than her income level. Unfortunately, however, a proposed change in S. 1637 would call for taxing any unearned income in excess of $1,600 at the parent's income tax rate until the age of 18 instead of 14. I ask my colleague from Iowa, is that accurate?

Mr. FRIST. In February of this year, a constituent wrote me to express his concerns about the negative impact expansion of the ``kiddie tax'' would have upon his family, and more specifically his quadriplegic daughter. His daughter's assets are in a trust administered by an independent third party trust department of an investment firm. The assets were awarded to his daughter by a court by law pursuant to a settlement agreement after she suffered from injuries at birth. The assets in his daughter's trust are to be used to provide her income after she should have been able to move into the work force. The funds will help pay for medical care and personal caregiver services. The situation is described in more detail in a letter to me from my constituent, Mr. Gary Domm. At this time, I ask unanimous consent this letter be printed in the Record.

Mr. FRIST. Thank you for confirming that, Mr. Chairman. I believe that it would be good policy to provide some type of exemption to this so called ``kiddie tax'' for Mr. Domm's daughter and others like her. That way, we encourage independence and self-sufficiency and do not penalize individuals who have already had to overcome tremendous obstacles. Based on that assumption, Mr. Chairman, would you be willing to work with me and my staff to create an exemption from this tax for Mr. Domm's daughter and others similarly situated?

Mr. FRIST. I thank the Chairman for that commitment both personally and on behalf of my constituent. Brownfield Revitalization

Mr. FRIST

Mr. FRIST. Mr. President, this morning the Senate will be in a period of morning business for up to 1 hour. The first half of that time will be under the control of the minority leader or his designee, and the second half of the time will be under the control of the majority side of the aisle. Following this period of morning business, the Senate will resume consideration of S. 1637, the FSC/ETI JOBS bill. Under the agreement reached last night, today the debate until noon will be equally divided between both sides. At noon, the Senate will conduct a rollcall vote on the motion to invoke cloture on the FSC/ETI JOBS legislation. If cloture is invoked, we will go immediately to a vote in relation to the pending Cantwell amendment regarding unemployment insurance. Senators can, therefore, expect up to two votes beginning at 12 noon today. Following those votes, the Senate will stand in recess until 2:15 for the weekly policy luncheons to occur. I ask unanimous consent that if cloture is invoked, the time during the recess count under the provisions of rule XXII.

Mr. FRIST. Mr. President, I thank all Members who have allowed us to proceed in this fashion. We have worked on both sides to organize today so we can bring the FSC/ETI bill to closure. I believe we will invoke cloture and we will be able to bring the bill to conclusion, hopefully, later this afternoon or early this evening. As I stated yesterday, there will be germane amendments, and we will debate them and vote on those; thus, we anticipate additional rollcall votes over the course of the day. I mentioned several weeks ago, and again yesterday, that we plan to begin the IDEA legislation following the completion of the FSC/ETI JOBS bill and, thus, we have a lot of work to do. I want to encourage people to consider that as we bring the FSC/ETI bill to closure. I also want to mention a concern that I have with the Executive Calendar. Last week, we were able to confirm some of the pending ambassadorial nominations on the calendar. But still, as you look at the calendar, there are 89 additional nominations that are available for Senate consideration. As we all know, some of these are controversial and, therefore, delay is not unexpected. But the vast majority of these nominations, including many of the judicial nominations, should be cleared unanimously. I want to take this opportunity to remind my Senate colleagues of our responsibility--the Senate's responsibility--to consider these nominations and to allow them to begin their very important work for the United States of America. In addition to the 33 judicial nominations, there are 8 additional ambassadorships to countries such as Sweden, Brazil, South Africa, Northern Ireland, and others. So, again, I want to take this moment to bring all of this to the Senate's attention. My colleagues may come to me and ask why we are not moving. It is time to move in that direction. I have heard the comments of the Democratic leadership regarding their concern with the nominations, and I know there are underway a number of consultations and discussions regarding this process. As we move forward, I urge my colleagues to allow us to consider some of the many noncontroversial nominations that are available so that we can fill these positions. Mr. President, I also want to comment on last night's action by thanking my colleagues for their unanimous support for S. 356. This Senate resolution, which passed last night, condemns the abuse of Iraqi prisoners at the Abu Ghraib prison and urges a full and complete investigation to make sure that justice is served, and served in a fully transparent way. The resolution also expresses the Senate's support for all Americans who are serving so nobly in Iraq to bring freedom, democracy, and the rule of law to that country. The resolution expressed the sentiment and views of the Senate in a clear, firm, and bipartisan manner. In particular, it made clear our expectation that the Senate be kept apprised of the ongoing investigations being conducted in the Department of Defense and of the actions being taken to ensure that these incidents never occur again. The resolution also made clear that the appropriate committees of the Senate will be exercising their oversight responsibilities to ensure these ends. This is not just the right thing to do; this is the Senate's duty and our obligation to the American people--indeed, to the victims, to the families, and to the Iraqi people. The Senate has already acted quickly and deliberately to address the heinous actions perpetrated by a few at the Abu Ghraib prison. Last week, the Senate Select Committee on Intelligence held a closed-door session to hear from representatives of the intelligence community regarding the CIA's role. The Senate Armed Services Committee held a full hearing last Friday on this matter with the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and several other senior Defense Department officials appeared. Indeed, today, the Armed Services Committee is meeting again to receive testimony from Major General Taguba, who investigated and reported on the Abu Ghraib prison abuses. We are also working in a bipartisan manner to address the issue of appropriate access to further evidence of the atrocities at Abu Ghraib. And at the leadership level on both sides of the aisle, we are working with the ranking member and chairman of the Armed Services Committee to establish a process whereby materials can be viewed. As well, it is likely that we will afford the Secretary of Defense another opportunity to answer questions from Senators in the near future. I have also consulted with various committee chairmen about items that might be in their committee's jurisdiction as this investigation unfolds, so that the appropriate Senate tools are applied judicially to buttress the work of the executive branch in getting to the bottom of this scandal, no matter where it leads. In closing, I ensure my colleagues and the American people that the Senate will continue to hold hearings and briefings and take other steps, as necessary, to ensure that justice is served, that preventive action is taken, that those responsible are held accountable, and that all of this is done in a very fair, deliberate, and open manner. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, I rise today to pay tribute to Richard C. Crawford who retires June 1 following a career devoted to public power, in the Tennessee Valley, that spans four decades. Mr. Crawford's retirement as president and chief executive officer of the Tennessee Valley Public Power Association, and before that as a vice president for the Tennessee Valley Authority, brings to a close a distinguished career of advocacy for public power. Dick Crawford's contributions to public power are recognized not only in Tennessee and in the Tennessee Valley region, but across the entire country. While at TVA he was responsible for technological improvements to the utility's transmission system that resulted in enhanced electric reliability. He was also a leader in the development TVA's highly acclaimed energy conservation and efficiency programs, which were modeled by other electric utilities around the Nation. He worked with distributors of TVA power to overhaul the power contracts and helped introduce innovative pricing and economic development products, including one of the first and largest real-time pricing programs, and incentive rates to help attract industry to the Tennessee Valley. Mr. Crawford's contributions to public power continued when he joined the staff of TVPPA in 1994. Initially, he served as director of power supply services before becoming acting executive director, and later president and chief executive officer. The knowledge he gained at TVA about the Valley's unique power supply needs and the distributors who deliver the power to the Valley's 8.3 million consumers made him a perfect choice to head TVPPA during a critical time in its history. With a strong belief in public power, Mr. Crawford worked tirelessly to re-establish critical relationships and re-open communication doors. Under his leadership, TVPPA embarked on aggressive programs in governmental relations, communication, and education and training. In addition, he has spearheaded efforts to secure additional power supply options for distributors. Working with his board of directors, he successfully revamped TVPPA's dues structure and established additional levels of membership that expand the reach of public power. Throughout his career, he has received the support of his family, including wife, Lane, daughter, Angela, and grandson, Blake. Honoring Dick Crawford in this way serves as a lasting tribute, just as his engineering and technical skills are a lasting gift to power consumers in the Tennessee Valley. I thank him for his service, and I wish him all the best in his retirement.

Mr. FRIST

Mr. FRIST. Mr. President, today the Senate will conduct a period for morning business, with Senators to speak for up to 10 minutes each. Shortly, we expect to lock in an agreement for a vote at 5:30 this evening on the adoption of a Senate resolution relating to Iraqi prisoners. That will be the first rollcall vote of the day. The Senate may also resume consideration of the FSC/ETI JOBS legislation. I filed cloture on that bill on Friday, and that cloture vote will occur Tuesday morning. We are still hoping to work out an agreement to allow for a vote on the pending Cantwell amendment prior to that cloture vote. I will continue to talk with Members this afternoon about that agreement, and I will update Senators as to what to expect in the timing of those votes later in the day. In any event, it is time that we bring the FSC/ETI JOBS bill to a close. We have been on that bill 12 days. We have considered and disposed of 20 different amendments on the floor of the Senate--9 rollcall votes and 11 voice votes. Again, I remind my colleagues, if cloture is invoked, germane amendments will be offered. As we mentioned at the end of last week, those amendments would be discussed and debated for up to 30 hours postcloture. For the remainder of the week, following the completion of the FSC/ ETI bill, we will proceed to S. 1248, the IDEA, Individuals with Disabilities Education Act, legislation. We have an agreement as to how we will proceed on the IDEA bill. Therefore, we will be able to finish that bill this week. Finally, I remind Senators that we have 2 weeks remaining before the next recess, and we have a number of items we must address prior to that recess, including the Defense authorization bill, the budget conference report, if available, bioshield, sending the highway bill, a very important bill, to conference, as well as nominations. Senators should be prepared for full weeks and busy sessions in order to finish our work before the Memorial Day recess.