Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, the resolution just agreed to is a resolution recognizing the year 2004 as the ``50th Anniversary of Rock 'n' Roll.'' Indeed, it was 50 years ago in a small recording studio in Memphis, TN, that a young Elvis Presley recorded his first record. It was called ``That's All Right.'' And at that point, rock 'n' roll was born. That recording by legendary producer Sam Phillips at the now famous Sun Studio in Memphis paved the way for such subsequent hits which titles we all know: Carl Perkins' ``Blue Suede Shoes'' in 1955, Roy Orbison's ``Ooby Dooby'' in 1956, and Jerry Lee Lewis's ``Whole Lotta Shakin'' in 1957. These early hits catapulted Sun Studio and Memphis to the forefront of that musical revolution. Throughout the 1950s, the unique sound, tremendous vision, and incredible talent coming out of Memphis, TN, with such artists as Elvis Presley, the ``King of Rock 'n' Roll,'' B. B. King, Johnny Cash, Jerry Lee Lewis, and Carl Perkins, just to name a few, became the hallmark of that Sun Studio and later the hallmark of American rock 'n' roll music. Indeed, some of the most meaningful contributions to American music were made at that Sun Studio. It is where our country, in many ways, came together and spoke with a new, a uniquely American voice that was and still is heard around the world. The fact that rock 'n' roll was born in Memphis is no coincidence. That city's location on the banks of the Mississippi River made it a place where the diverse cultures and musical styles of our Nation came together, where they converged, blending the blues with country and with gospel and with jazz. That merging of cultures and styles continues today. The year 2004 provides the opportunity for our Nation to celebrate the birth of rock 'n' roll and those many streams of music that converged in Memphis to create a truly American sound known throughout the world.

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 bill be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now proceed to consideration of S. Res. 285, submitted earlier today.

Mr. FRIST

Mr. FRIST. I will make a stronger statement probably for 30 minutes, and after that we can alternate back and forth.

Mr. FRIST. Mr. President, we can talk during the speeches, but my understanding is we will alternate back and forth.

Mr. FRIST

Mr. FRIST. Madam President, this resolution concerns representation by the Senate legal counsel of twenty-two members and three employees of the Committee on Armed Services and the chairman and ranking member and two employees of the Committee on Foreign Relations, who have been subpoenaed to provide testimony and produce documents in a criminal trial by a defendant charged with disrupting proceedings at a hearing of the Senate Committee on Armed Services in September 2003. These subpoenas, which were issued by the defendant on his own behalf, are not well taken. As the testimony and documents sought by these subpoenas are either irrelevant or cumulative of the testimony and evidence that will be offered at trial from other sources, evidence from these Senators and Senate employees is unnecessary. Moreover, the testimony and documents sought by the subpoenas as privileged under the Speech or Debate Clause of the Constitution. This resolution would authorize the Senate Legal Counsel to represent the Senators and staff who have been subpoenaed by the defendant, as well as any other Members, officers, or employees who may be subpoenaed, in order to quash the subpoenas and protect the privileges of the Senate.

Mr. FRIST

Mr. FRIST. Mr. President, for the information of all Senators, tomorrow the Senate will resume consideration of the conference report to accompany H.R. 2673, the Omnibus Appropriations measure. I was disappointed by the outcome of today's cloture vote, but we will continue to push forward in our efforts to get a vote on final passage for this vital piece of legislation, this funding measure. As a reminder, I entered a motion to reconsider the failed cloture vote. I will alert Senators as to when that vote will occur this week. In the meantime, I will continue to work with my Democratic colleagues in an effort to bring this final appropriations package to a close.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in recess until 8:40 this evening; I further ask that when the Senate adjourns later this evening, it do so under the provisions of S. Res. 284 as a mark of further respect for our former colleague, Senator Bill Roth.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate stand in recess until 8:40 p.m., at which time the Senate will proceed as a body to the House Chamber for the President's State of the Union Address.

Mr. FRIST

Mr. FRIST. Mr. President, we will be having a cloture vote today at 3 o'clock and thus I would like to use my leadership time over the next 10 or 12 minutes, rather than to state the goals and planning for this session, which I will try to do at some point tomorrow, to address the issue before us and that is to finish up the unfinished work of the first session. The question before us, as I mentioned, is the Consolidated Appropriations Act of 2004. It is important legislation, and I think how we handle that legislation will in large part set the tone for the remainder of this Congress. I just want to spend a few minutes on that. First, I thank the distinguished chairman, who is occupying the Chair, and the ranking member of the Senate Appropriations Committee, and their staff, for the tremendous work, hard work, dedicated work last year. We asked a great deal of that Appropriations Committee. They produced. They delivered. Today it is my hope we will be able to bring an end to that work with the passage of the seven remaining appropriations bills. As you look back over the last 12 months, you see the committee completed action on 27 regular appropriations bills, completed action on 3 major supplemental bills, completed action on 4 continuing resolutions, and now finally the 7 remaining regular appropriations bills for 2004. One thing is certain, that people have had sufficient time to review what is in this Omnibus appropriations bill, to review the legislation. It has been available now for 57 days. It was filed on November 25, 2003. It is obvious that the legislation is not such that everybody is pleased; some people want more projects; some people want more spending; some people want less spending. There are many provisions in there that I personally would have liked to see turn out differently. But it is a product of months of work last fall and last winter, and it is the nature of all legislation, as we in this body know, that compromises are in order--compromises with the House of Representatives, compromises with the administration. But now, today, at 3 o'clock, is the time to move ahead and complete action on this legislation and thereby start that critical funding. I am sure as we discuss this over the next several hours it will become apparent that every single Senator in this body has a stake in passage of this legislation. I did write to each of the Senators last week that no Senator should be under any illusion as to what will happen if we were to fail to pass this legislation. It is a clear, it is a stark alternative to a continuing resolution of the seven outstanding appropriations bills. Failure to pass this Omnibus appropriations bill, to approve this legislation, would really shortchange--it would curtail our efforts in fighting terrorism. It would weaken our food security system. It would create hardships for millions of veterans. It would put at risk millions of lives of those who suffer HIV and AIDS overseas. It would shortchange the needs of our schools and of our States and needy Americans. I do also want to add, in addition to stating the importance of passing this Omnibus bill, that the legislation itself adheres to the agreement, the general agreement between Congress and the executive branch in terms of spending limits. I have set aside the emergency spending for the Iraq war supplemental. As I mentioned, some would wish there was more spending and some would wish that there was less spending. Whatever the arguments that people put forth, what it is important for people to understand, I believe, is that the spending under these appropriations bills is consistent with the budget blueprint that we adopted last April for this fiscal year. It is a fact that, excluding the expenditures of the major supplementals for the operations in Iraq--one last April and most recently in October--appropriations funding authority between 2003 and 2004 is held to slightly less than a 3-percent increase. Second, while remaining within this agreed-to spending restraint, the legislation funds important bipartisan priorities. A number of examples will be talked about on the floor, but let me cite just a few. Education funding for title I programs would be funded at $12.4 billion, and special education--or IDEA--would be funded at $10.1 billion. These two programs combined would increase funding by $2 billion for education over last year. Both increases are necessary to truly see that we leave no child behind. If we had to resort to a full year of a continuing resolution, these education programs would lose $2 billion. In education, we have a wonderful program--the Pell Grant Program-- for needy college students. Under this bill, they would receive $12.1 billion. If we had to take that stark alternative of a continuing resolution, funding would be reduced for these Pell grant recipients by $700 million. That is clearly unacceptable. Head Start spending in this bill would increase to $6.8 billion--a $150 million increase that would be forgone if we resorted to that stark alternative of a continuing resolution. In the field of health, if you look at the area of research, NIH would receive $28 billion--an increase in this bill, once it is passed, of over $1 billion. Under a full year of a continuing resolution, this increase would be zero. Veterans' medical care spending would receive $28.6 billion--an increase of over $3 billion over last year--if, and only if, we pass this bill. The list continues in terms of highway funding, the Millennium Challenge Account, and election reform. Global HIV/AIDS funding--with a strong bipartisan policy in this body--would reach $2.4 billion. But failure to pass this legislation would clearly jeopardize that 5-year commitment of $15 billion in funding to which Congress and the President have agreed. The Small Business Administration, through the Guaranteed Loan Program, would receive $9.5 billion. These are critical loans to small businesses that create jobs out of this increasingly strong economy. FBI funding would increase by $423 million once we pass this bill. If we don't pass the bill, the new FBI agents, who we know are needed, would not be funded; AmeriCorps, USDA's Animal Plant and Health Inspection Service--the list goes on. I address only a few of the critical funding items. People will talk about the others. There are other provisions in the bill such as providing a 4.1- percent Federal pay increase that is important to all of our Federal workers listening to me now. There is over $200 million in assistance to Southern California for last winter's disastrous forest fires that will not occur without this bill. I am sure the chairman of the committee can list many other important funding items in this legislation needed for the basic functioning of government. But the time has come to pass this legislation and to move forward into next year's budget--the fiscal year 2005 budget, which I remind all of my colleagues will arrive in less than 2 weeks. It is time for us to move ahead in 2004 rather than remain stuck in 2003. I ask my colleagues to weigh their votes on this legislation very carefully this afternoon. Again, I thank Chairman Stevens and Senator Byrd for their tremendous work this past year, and particularly their staff for their dedication and long hours expended. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, first of all, I should welcome everybody back because this is the formal convening of the second session of the 108th Congress. As everyone knows, we have a fairly short legislative session this year. I know in our leadership meeting this morning, and I am sure in the Democrats' leadership meeting this morning, we both began to outline the agenda for the year. When you look at the calendar and you look at the amount that we will be addressing, it is going to be challenging. We all recognize the challenge that is before us. Everybody is returning rested and ready to go, and I am delighted to have everybody back once again. Under the order entered into on December 9, the Senate will resume consideration of the conference report to accompany H.R. 2673, the Omnibus appropriations measure. A cloture vote will occur today on that conference report at 3 p.m., and that will be the first rollcall vote of this session. The consent agreement allows for equally divided debate until that vote on invoking cloture. As a reminder, the Senate will be in recess from the hours of 12:30 today to 2:15 for the weekly party conferences to meet. I also want to remind my colleagues that this evening at 9 p.m. the President will deliver the State of the Union Address and therefore Senators should assemble in the Senate Chamber at 8:35 so that the Senate may proceed at approximately 8:45 this evening to the Hall of the House of Representatives for that address. I do thank all Members for their attention and I look forward to a productive second session.

Mr. FRIST

Mr. FRIST. Mr. President, I further ask unanimous consent that upon conclusion of the joint session, the Senate adjourn until 10 a.m., Wednesday, January 21. I further ask that following the prayer and the pledge, the morning hour be deemed to have expired, the Journal of the proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate then resume consideration of the conference report to accompany H.R. 2673, the Omnibus Appropriations measure, for debate only, with the time until 6 p.m. equally divided between the chairman and ranking member of the Appropriations Committee or their designees. I further ask that Senator Byrd be recognized at noon for up to 2 hours, that Senator McCain be recognized at 2 p.m. for up to 1 hour, and his remarks be charged against the chairman's time.

Mr. FRIST

Mr. FRIST. Mr. President, on leader time, I would like to make some closing statements on the importance of this bill, especially in light of the fact that although we have had 57 days for people to study the particular bill and what is in this bill, I want to put in a larger perspective why it is important to vote for cloture today and for us to bring to closure the unfinished business from several months ago so we can move ahead with the Nation's business this year. I think first and foremost, every Senator has a real stake in passage of this legislation. Indeed, not just every Senator but the country has a stake in passage of this legislation. If we don't invoke cloture and subsequently pass this legislation, we will be shortchanging our diligent efforts and dedicated efforts in the fight against terrorism. We will be weakening funding for our food security and for our food safety system. We will be directly impacting in this vote millions of veterans. Those people who suffer from HIV/AIDS all over the world--our vote both today and subsequently for or against this appropriations package will affect them, whether it is in the prevention phase or in the treatment phase of HIV/AIDS. If we don't vote for cloture, if we don't vote for passage of this Omnibus bill--this collection of seven bills that addresses so many of the needs--we will be shortchanging the needs of schools in terms of Pell grants and in terms of Head Start. We will be shortchanging the lives of millions of Americans. Many people have argued for a lot more spending in these bills, and many people have argued for a lot less spending. Whatever the merits of these arguments, again the whole process is a part of negotiations and, yes, compromise with the Senate, within the Senate, the House of Representatives, and the administration. But this is the product before us. Whatever the merits of those arguments for spending more or spending less, it is important that everyone understand the bill does abide by those spending limits that were agreed on between Congress and the executive branch, once you include the two emergency supplemental bills enacted last year, the ones enacted for the conflict in Iraq. The appropriations spending authority will increase slightly--barely over 3 percent from 2003-2004--once this bill is enacted. I spelled out briefly this morning the alternative to the bill. It is important for people to understand the alternative to passing this Omnibus appropriations bill. No Senator should be under any illusion, especially with regard to the fact that we are already one-quarter of the way through the fiscal year. One-quarter of it has already been completed. The alternative to a defeat of this appropriations package-- this Omnibus package--is a full year of continuing resolution for the seven remaining appropriations bills. I have to remind Senators because it has been a while since we have come back on the floor, and we haven't spent all day today going through all of the programs and what is in this bill in terms of education, title I, and special education programs, if we don't pass this package, will be cut by $2 billion. The National Institutes of Health, if we don't pass this bill, would be cut by $1 billion. Veterans health care--the health care for our veterans--would be reduced by $3.1 billion if we don't pass this bill; highway funding by $2.2 billion. I mentioned global HIV/AIDS funding--people right now who are looking to America for that leadership--which would be reduced by nearly $1 billion. States would not receive the $1.5 billion for the Help America Vote Act so we can increase funding for our election system. The FBI's domestic terrorism fight would be curtailed by over $400 million. AmeriCorps would not be fully funded at the $313 million level in this bill. Agencies within the Department of Agriculture charged with animal health and food security would be reduced by $80 million. I just close by showing this chart. I know it can't be read clearly by my colleagues. Here you see scores and scores of organizations that have let us know over the last 48 hours of their strong support for this Omnibus bill. Again, I will not go through the list, but in the list you will find everything from the Public Lands Council, to the Veterans of Foreign Wars of the United States, to the Disabled American Veterans, who say let's pass this bill, and let's pass this bill now. You see the Alzheimers Foundation, the American Foundation for AIDS Research, and you see the National Association for Biomedical Research. You see the International Association of Bridge, Structural, Incremental and Reinforcing Iron Works--again, scores of organizations that say pass this bill now. What we all know is there is no perfect bill on this floor. All bills come as a product of compromise. That is a requirement of the legislative process. It is now time to invoke cloture, to pass this bill, and to move on. I urge Senators to vote for cloture now--to vote for this bill and give children, veterans, schools, States, and needy Americans what they deserve. Cloture Motion

Mr. FRIST. Mr. President, I enter a motion to reconsider the vote by which cloture was not invoked.

Mr. FRIST

Mr. FRIST. Mr. President, for the information of Senators, it is my intent to close the Senate at about 4:30 today to allow for us to prepare for the events surrounding tonight's State of the Union Address. I will be talking to the Democratic leader about tomorrow's schedule. I will return in about 40 minutes to announce tomorrow's agenda.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that there be a period for morning business until the hour of 4:30 today, with the time equally divided between both sides, and that Senators be limited to 5 minutes each.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the concurrent resolution be agreed to, the motion to reconsider be laid upon the table, 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 H. Con. Res. 349, which is at the desk.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Mr. President, this bill we just passed does exactly as stated. It establishes grants to address health services for nutrition, for increased physical activity, and for obesity prevention. It is late in the day, and a little bit later we will bring this session to a close. I am delighted personally, as a physician and as a Senator, that this body came forward to pass this important piece of legislation. I draw the attention of my colleagues to last week's edition of Newsweek magazine. It features a special section on the top 10 health stories of 2003. Weighing in as No. 1 in the Newsweek story in the judgment of its editor is the obesity epidemic in America. That comes before depression, it comes before cancer, and it comes before even the SARS virus. The magazine reports that more than 65 percent of Americans are overweight or obese and rates of obesity-related illnesses are skyrocketing. Fifteen percent of America's children are seriously overweight, triple the number in 1970. It is an epidemic that is getting worse day by day, week by week, month by month, and year by year. As a physician and as a Senator, this particular issue is one about which I care passionately. I have spoken to this issue frequently in the Senate and I return tonight to do so for a few moments. I applaud the media outlets because they have done a very good job in highlighting and spotlighting this new epidemic. They are taking this obesity threat seriously and helping to communicate that around the United States of America. The message is simple, that obesity, which is growing day by day, is debilitating. It is effectively debilitating millions of Americans. Indeed, it has reached epidemic proportions in all ages but in particular in children. Historically, obesity was considered just another lifestyle choice. It was a tolerable consequence of eating food, eating good food, and eating lots of food. It was a consequence of driving instead of walking. But now we know obesity literally causes heart disease. Heart disease is the No. 1 killer in Americans. Now we know that obesity causes diabetes, causes cancer, contributes to stroke. Indeed, a whopping 300,000 deaths a year can be linked directly to fat. And it is spreading. It is spreading in children. The percentage of kids age 6 to 19 who are overweight has not just doubled, not just tripled but almost quadrupled since the 1960s. Nationwide, type 2 diabetes, which is the kind associated with being overweight, being obese, has skyrocketed. The Centers for Disease Control and Prevention estimates that one in three Americans born today--they studied the year 2000--will develop diabetes in their lifetime. It is the type of diabetes that can be prevented and it can be treated. With African-American children and you look at Hispanic children, that number jumps to nearly half; one out of two African American and Hispanic babies born this year or last year will develop diabetes. As adults, we know it is hard to battle being overweight. But imagine, for a 10-year-old child, the challenge to both prevent and to treat this epidemic. Diabetes leads to a whole host of chronic illnesses. It is the leading cause of amputations in our society today. It is the leading cause of blindness in our society today. It is the leading cause of heart disease and kidney disease in our society today. With regard to children, teachers can tell the story. Teachers have the opportunity to see children in classrooms on a regular basis. They say they see kids out of breath simply walking up the stairs in school. They tell us about kids who, when they get outside of the school and go to the schoolyard, are out of breath or, they come back exhausted from a simple field trip. Activities that we associate with exercise such as kick ball, jumping rope, climbing trees, for many kids today these are grueling exercises, grueling activities that are to be avoided at all cost because of their feeling of overexertion and being out of breath. Twenty-five percent of our Nation's children say they do not participate in any vigorous activity. That is one in four. Obesity is robbing them not only of enjoying the normal traditional childhood pastimes but it also is literally robbing them of their childhood years. By that I mean that obesity is associated with the early onset of puberty among girls. According to a study from the University of North Carolina, 48 percent of African-American girls begin puberty by age 8, over a quarter by age 7. Indeed, this is a national health crisis. It is harming our children in ways we can readily observe. It is also harming our children in ways we do not so readily observe that will not become apparent until later in life. Yes, you observe the obesity but you do not see the side effects of the obesity until much later. Those side effects, as I mentioned before, are heart disease, amputation, blindness, a debilitating disease that condemns them to more illness, condemns them to a shorter life. Again, this is a new phenomena. If we look at the history of medicine in this country, back a few hundred years, we are going along like this and in the 1960s or 1970s we have hit epidemic proportions. The reason I talk about it in the Senate and the reason why the bill just passed, the IMPACT Act, is so important is because this trend can be reversed. If we reverse it, we also reverse heart disease, lung disease, stroke, various types of cancer. That is what this body should be about. That is what this body is about and we demonstrated it by passing this so- called IMPACT Act that looks at nutrition, looks at physical activity, that focuses on young people. We are taking action; we are offering solutions. We cannot solve it all with this particular bill, but we show we are addressing identified problems; we are reversing problems that are apparent in our society. In this session, the Committee on Health, Education, Labor, and Pensions unanimously approved the IMPACT Act, which we just passed in the Senate, the Improved Nutrition and Physical Activity Act. It was introduced earlier this year by myself with Senators Bingaman, Dodd, and others. This IMPACT Act uses a multifaceted approach that emphasizes youth education to jump-start healthy habits early. It funds demonstration projects to find innovative ways, creative ways, to improve eating and exercise. In addition--and this is critically important--it includes rigorous evaluation so we can learn what is best. We see many different proposals. We cannot turn on television without seeing the latest fad, the latest diet or the latest cure. It is a huge industry. What we in the Government can do and should be doing is evaluating what works best in terms of what we implement through this program. This bill does not attempt to control what Americans eat or what Americans do not eat. This bill does not outlaw bad foods. It does not attempt to replicate in any way that $1 billion diet and fitness industry. It does have a modest pricetag and that reflects the appropriate role of the Federal Government. Working with the chairman of the HELP Committee, Senator Judd Gregg, and Senator Dodd, Senator Bingaman, and others, I am delighted--I am delighted--that we have, as authors, as sponsors, just seen this bill pass by unanimous consent. I do hope the House of Representatives will join us early next year in sending this legislation to the President of the United States for his signature. Again, this is not ``the'' solution. There is no single solution to this growing epidemic of obesity, but there are solutions. This epidemic can be reversed, and the start is awareness and then action. That is why, indeed, I am speaking at this fairly late hour on this particular issue, because we have just demonstrated, through action, that this body will work toward solutions, and to also state the importance of the awareness, especially awareness among children. And that is where this IMPACT bill will have a direct impact. We know the consequences of obesity. We can and we should keep our kids safe by helping to keep them fit. Tonight, in this body, we demonstrated the start. Mr. President, I yield the floor and suggest the absence of a quorum.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that notwithstanding the recess or adjournment of the Senate, the President of the Senate, the President of the Senate pro tempore, and the majority and minority leaders be authorized to make appointments to commissions, committees, boards, conferences, or interparliamentary conferences authorized by law, by concurrent action of the two Houses, or by order of the Senate.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that during the adjournment of the Senate, the majority leader be authorized to sign duly enrolled bills or joint resolutions.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 2000, introduced earlier today by Senators Feinstein and Hutchison.

Mr. FRIST. Mr. President, I ask unanimous consent that the bill be read three times and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.