Bill Frist

Mr. FRIST

Mr. FRIST. Let me say, first, I appreciate the assistant Democratic leader outlining that. It is very important that we hear from people who have very important things to say. It is really a matter of time management at this juncture, so I very much appreciate it. If we could just have a gentleman's agreement for those times without locking it in, and then allowing the chairman and ranking member to determine the specifics of those times, but it sounds agreeable to me.

Mr. FRIST. Again, it is not our side of the aisle I think at this point that will do the majority of talking. We have a number of Members who want to speak as well. But our goal is to have an up-or-down vote on this important nomination after sufficient time as judged by the other side of the aisle and our side of the aisle. I encourage, once again, the Senator to continue scheduling just as he has done, which I appreciate, but to go as long today as he is comfortable doing because we want to make sure he has that opportunity. But it is my intention to bring this matter to a vote as soon as practical as we go forward.

Mr. FRIST

Mr. FRIST. For the information of Senators, on Monday, the Senate will resume debate on the nomination of Miguel Estrada. We have had a number of Senators speak on the nomination over the past 2 days. The debate has been productive. I will continue to try to reach agreement with my colleagues on the other side of the aisle to set a time certain for a vote on the confirmation of this very important nomination. In addition, I understand three additional district court judges were reported by the Judiciary Committee today. We are also attempting to clear several important pieces of legislation that may require a small amount of debate and a rollcall vote. If we are still unable to vote on the Estrada nomination on Monday, it would be my hope and expectation to vote on a district judge or one of the bills we are working towards clearing. Therefore, Members should be on notice that the next rollcall vote can be expected approximately at 5:15 on Monday. We will alert Members to the precise timing, but it won't be any earlier than 5:15 on Monday.

Mr. FRIST

Mr. FRIST. Mr. President, if the Democratic leader will hold it for just one second, we will allow plenty of opportunity. Be thinking of the time that you need.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now return to legislative session and proceed to a period for morning business.

Mr. FRIST

Mr. FRIST. Approximately 5 o'clock.

Mr. FRIST. The military tax bill has been reported out. We have the Moscow treaty, which is very important, that we passed through the Foreign Relations Committee. We would like to address that as soon as possible. There are other pieces of legislation that are being looked at now. So we do have a number of items we can go to.

Mr. FRIST. We will have other judges we will go to, and there are a number of bills that are being considered. There is a children's bill that is related to pornography we will be taking up at some point. There are other bills that have come through. There is an antitheft bill that is being considered right now we might be able to take up on Monday.

Mr. FRIST. Yes. We will have votes on Monday.

Mr. FRIST. Mr. President, I ask unanimous consent that on Monday there be an additional 6 hours for debate on the Estrada nomination; provided further that the time be equally divided between the chairman and ranking member or their designees, and that following the conclusion of that time, the Senate proceed to a vote on the confirmation of the nomination, with no intervening action or debate.

Mr. FRIST. Given the objection, Mr. President, I ask my colleagues on the other side of the aisle if they need additional time, which I assume they do? And if so, would they be willing for me to modify the request to 8 hours or 10 hours or 12 hours?

Mr. FRIST. Yes.

Mr. FRIST. Mr. President, I very much appreciate the comments made by the assistant Democratic leader and the Democratic leader on the importance of this nomination and the importance of having adequate time for debate and discussion, in part because this is the first judge to come through in this Congress, and it is important that it be handled well and it be handled fairly and it be handled in a cooperative spirit, which has been demonstrated over the last 2 days. The reason for extending the unanimous consent request for Monday, which was objected to--I do want to state very clearly we need to have people on the floor talking and debating and discussing as much as possible for the times that are made available. I will shortly announce we will come back Monday. I would hope we could go through Monday and Monday evening, if necessary, and use that time effectively so we do have adequate discussion and debate. This is an important nomination. There has been good debate to date. I encourage all of our colleagues to take advantage of the opportunity we are making available. We will extend the hours, starting earlier and going later, in order to make sure people do have that ample opportunity. In terms of the allegations of a filibuster--and certainly even the use of the term yet--individual Senators can express themselves, but I think it does show the desire to have good debate, useful debate, to have the points made on both sides of the aisle, and then to allow an up-or-down vote on this nominee. I think we are on course for that. I would appreciate, in the early part of next week--after checking with your side of the aisle; and I will do likewise--for us to try to get some sort of time certain so we can further plan the business of the Senate.

Mr. FRIST. I am happy to yield, Mr. President.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business, I ask unanimous consent that the Senate resume executive session, and that following the remarks of the assistant Democratic leader for 15 minutes and the Senator from Delaware for up to 15 minutes, the Senate then stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 11 a.m., Monday, February 10. I further ask unanimous consent that on Monday, following the prayer and 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 return to executive session to resume consideration of the nomination of Miguel Estrada to be a circuit judge for the DC Circuit.

Mr. FRIST

Mr. FRIST. Mr. President, this morning we will be in a period of morning business to allow Senators to make statements. Yesterday, along with Members from both sides of the aisle, we had the honor to lead a Senate delegation to Houston for the memorial service for the Columbia astronauts. It was a touching and fitting tribute to those proud pioneers, to those proud heroes, and today we continue to grieve along with their families and their friends--many of them we had the opportunity, as a delegation, to visit with yesterday. Later today, the Senate will adopt a resolution that will express the Senate's gratitude and appreciation for these heroes. A rollcall vote is expected on that resolution at approximately 12:15 or 12:30 today. Today, by previous consent, the Senate will begin debate on the nomination of Miguel Estrada to be a circuit judge for the DC court. Debate will begin at 2:15. I know a number of Senators are prepared to come to the floor to debate and discuss this nomination. I hope that we can, after a full debate, reach an agreement as to when the Senate can vote on that particular nomination. I will be working with the Democratic leader in an effort to find a time for that vote to occur. As a reminder, the Senate will be in recess from 12:30 to 2:15 today for the weekly party caucuses to meet. Finally, this week, the Senate will need to act on another continuing resolution. I anticipate that we will receive a continuing resolution tonight or tomorrow morning from the House. I am unaware of any requests for a rollcall vote, and we may be able to clear that continuing resolution by consent when it arrives. I thank all Members.

Mr. FRIST. Mr. President, I believe at this point we plan a rollcall vote between 12:15 and 12:30.

Mr. FRIST. No. In response to the question, we will be in session tomorrow. There are a number of memorial services that have been conducted over the last 3 days and will continue through the week. Out of respect, we did close down yesterday so that a number of people could go to Houston. Tomorrow the Senate will be in session. We expect no rollcall votes, but we will be in session. We can talk about what time to come in tomorrow morning, but I think we will be in until about 12 noon tomorrow, and we will not be in for the remainder of Thursday or Friday.

Mr. FRIST. Mr. President, I think that would be very much something we will agree to and appreciate. We have a lot to do in morning business over the course of today and tomorrow. To be able to use that time efficiently, alternating back and forth is certainly fine.

Mr. FRIST

Mr. FRIST. I announce that the Senator from Kentucky (Mr. McConnell) is necessarily absent.

Mr. FRIST

Mr. FRIST. Madam President, we will now be proceeding to the Estrada nomination. To my colleagues, I simply report that a little bit later in the day we will be announcing whether or not there will be further votes today. Later today, in our wrap-up, we will talk about the plans for tomorrow and on Monday, but I would suspect we will be in session tomorrow morning until approximately noon and that we will be in session on Monday. It is important that we have the debate and discussion that will begin shortly on this particular nomination which is very important to this body and to the country. We anticipate a very good discussion as we go forward. It will be active and we want to give plenty of opportunity for both sides to be heard as we proceed to debate.

Mr. FRIST

Mr. FRIST. Madam President, in response to the resolution, I ask unanimous consent that we have a moment of silence, here and in the Galleries as well, out of respect for the astronauts, their families, and the much larger NASA community who are mourning as we speak. A moment of silence, please.

Mr. FRIST. Thank you.

Mr. FRIST

Mr. FRIST. Mr. President, I am pleased to join Senator Bond in reintroducing the Birth Defects and Developmental Disabilities Prevention Act of 2003. This bill reauthorizes the National Center on Birth Defects and Developmental Disabilities, NCBDD, at the Centers for Disease Control and Prevention to promote optimal fetal, infant, and child development and prevent birth defects and childhood developmental disabilities. Birth defects are the leading cause of infant mortality in the United States, accounting for more than 20 percent of all infant deaths. Of the 150,000 babies born with a birth defect in the United States each year, 8,000 will die during their first year of life. In addition, birth defects are the fifth-leading cause of years of potential life lost and contribute substantially to childhood morbidity and long-term disability. Congress passed the Birth Defects Prevention Act in 1998, a bill to assist States in developing, implementing, or expanding community-based birth defects tracking systems, programs to prevent birth defects, and activities to improve access to health services for children with birth defects. The authorization for this important legislation expires at the end of this year, and the legislation we are introducing today will strengthen those important programs. In order to educate health professionals and the general public, this legislation requires NCBDD to provide information on the incidence and prevalence of individuals living with birth defects and disabilities, any health disparities, experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals. The Clearinghouse will also contain a summary of recommendations from all birth defects research conferences sponsored by the agency including conferences related to spina bifida. This legislation also clarifies advisory committees, already in existence, that have expertise in birth defects, developmental disabilities, and disabilities and health will be transferred to the National Center on Birth Defects. This piece of legislation also supports a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect. I ask that this piece of important legislation be reauthorized. I want to thank my colleagues, Senator Bond and others, for the introduction of this initial piece of legislation in 1998 and for their continued initiatives on birth defects and developmental disabilities.