Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, on October 15, one week from tomorrow, the Iraqi people will cast their votes on a new, permanent Iraqi constitution, a social compact, which if ratified, will be unique in the history of the Arab Middle East. Since the stunning January 30 elections, Iraqi leaders have worked tirelessly to draft this historic document. Next Saturday, the Iraqi people will have the chance to formally express their support for this historic document. Throughout the summer, we witnessed the complex and painstaking nature of the constitution drafting process. These negotiations included leaders from all of Iraq's ethnic and religious groups. The product is a result of patience, flexibility, and compromise. As the President said yesterday in his televised speech, ``By any standard or precedent of history, Iraq has made incredible political progress--from tyranny, to liberation, to national elections, to the writing of a constitution, in the space of 2\1/2\ years.'' Indeed. And they have made this progress under a hail of constant threats and violence from terrorist enemies within and without their borders. American service men and women have sacrificed greatly to advance America's interests in Iraq, but many more Iraqis have been killed and injured in the pursuit of a free and democratic Iraq. The draft permanent constitution lays a solid foundation for a stable and democratic Iraq in the heart of the Middle East. It establishes a true democratic system. The voice of all Iraqis will be heard. Human rights will be protected. The rule of law will be respected. And women will be full and equal participants. It is critical that Iraqis from all walks of life and all segments of Iraq's diverse population participate in next week's referendum. It is also important for Iraq's Sunni population to support this document and the democratic system of government that it establishes. Sunni leaders have expressed strong reservations about several aspects of the constitution in recent weeks. Many will vote no; that is their right. However, I believe that they also recognize the importance of participating in the referendum. Only through participation and integration into Iraq's new democratic system can Iraq's ethnic and religious groups ensure that their rights are secured and their interests are protected. They learned this hard lesson after avoiding the January vote. They will not make the same mistake again. When several of my Senate colleagues and I met with Interim President Jalal Talabani last month, I was convinced that the Iraqi people recognize the magnitude of this moment. And I am confident that when the time comes next week, they will once again show their courage and determination. The enemy will try to intimidate and threaten them. But the Iraqi people are strong. Eight and one-half million voters defied the killers last January, and Iraqis continue to volunteer for the Iraqi security forces, ready and willing to defend their new democracy. They do so despite the fact that security forces are being targeted. They do so because they believe in the vision of a free and democratic Iraq. I am confident that the Iraqi people will demonstrate this same fortitude in the referendum next Saturday. And for those who vote against the constitution, they will have the chance to express themselves again in December when the Iraqis go to the polls to elect a permanent government. In the meantime, the Iraqis also must undertake another momentous task. On October 19, the Iraqi Special Tribunal will begin the trial of Saddam Hussein and some of his closest associates. The opening portion of the trial will focus on the 1982 killings of 143 Shiites in the village north of Baghdad. Saddam will also face charges of human rights abuses, crimes against humanity, and genocide. In particular, Saddam Hussein will be required to finally answer for his use of chemical weapons against the civilian Kurdish population of Hallabja in 1988, and the violent suppression of mass uprisings following the Gulf War in 1991. It will be a riveting sight to see the justice system in the hands of the Iraqi people. And to watch as they face down the man and his minions responsible for so many hideous and barbaric crimes. I am confident that the Iraqi people will give their former oppressors a fair trial and that the guilty will be brought to justice. Step by step, the Iraqi people are on the path to democracy. And with each step, the terrorists are dealt a devastating blow, and freedom shows once again its power to inspire and prevail. The Senate stands shoulder-to-shoulder with the Iraqi people as they fulfill their democratic destiny. They deserve our deepest and most sincere support. I look forward to watching with hope and admiration as they take to the polling booths once again to secure their future as a free and prosperous nation in the heart of the Middle East.

Mr. FRIST

Mr. FRIST. Mr. President, I would like to take a few minutes today to recognize Tim Wineman for his dedicated and invaluable service to the United States Senate as he prepares to go into retirement. Tim has served the Senate with great distinction. During his 35 years here, he has worked in various positions within the Senate disbursing office. Tim began as a payroll clerk in 1970 and because of his hard work won numerous promotions. He works today as a financial clerk, one of the best the Secretary's office has been privileged to have. Tim is one of those individuals who come here to serve in the Secretary's office not to debate policy or make political statements, but out of a respect and love for the institution, serving each and every Member with the utmost professionalism. Our Senate community is privileged to have individuals with the talent and dedication that Tim Wineman has shown. He is the soul of discretion, always available to answer a question and provide wise counsel, and he loves the Senate with all his heart. This is no surprise, since Tim has been familiar with our Nation's capital and the work of the people that goes on here from his earliest days. Tim was born and raised in this area. His father worked for DC Transit and his mother, Carolyn, worked for Sears and Roebuck. Tim attended Bethesda Chevy Chase High School, where he met his life-long partner and friend, his wife, Pat. They just celebrated their 36th anniversary in August. They are blessed with two children, Matthew and Lory. Now that Tim is retiring from the Senate, the inevitable question arises: what will he do with his spare time? I have it on good authority that Tim is planning to get straight down to business. He mentioned that he plans to work on his golf game and spend time traveling with Pat. I have heard that Alaska is one of the top destinations on their list of places to visit. The first 6 months, however, he just wants to spend stress free. In the Senate, we get so involved in the issues of the day, and as Members our days are long and busy. We often forget to pause for a moment and thank those who keep the trains running on time, and for 35 years Tim Wineman has been one of those loyal conductors. We thank Timothy S. Wineman for his service, and we wish Tim and his wife, Pat, a happy and content retirement.

Mr. FRIST

Mr. FRIST. Mr. President, in just a few moments, we will resume negotiations on the Defense appropriations bill. Last night, we worked well into the evening and were able to make relative progress on the bill. The Senate voted overwhelmingly last night to invoke cloture. Therefore, today we will be proceeding with amendments that qualify under rule XXII. I thank Members for their patience last night during our series of stacked votes. I particularly thank those Members--especially Senators Stevens and Inouye--who have worked so aggressively on the bill and who over the course of the day will continue to try to clear amendments on both sides of the aisle. We will have votes over the course of the day on those amendments. We can and should push forward on this bill today and tonight and try to finish the bill. If necessary, we will be here tomorrow to complete our work for the week. There are a number of other issues that are currently being discussed, debated, and talked about, including the homeland security conference report as well as pensions legislation, which I have mentioned regularly. I hope we will be able to proceed with the cooperation of all Senators over the course of the day as we seek final passage of the Defense appropriations bill. The time does expire early in the morning tomorrow. Thus, we should work toward completing that bill this afternoon and this evening.

Mr. FRIST

Mr. FRIST. Mr. President, later this afternoon, several of my colleagues and I have the honor of hosting Hungarian Prime Minister Ferenc Gyurcsany in the U.S. Capitol. The Prime Minister has served for just a little bit over 1 year. His country, as we all know, is a valued friend and ally of the United States. Hungary's transition to a Western-style parliamentary democracy was the first and smoothest of the countries formally under the dominion of the Soviet bloc. In May of 1990, Hungary held its first free parliamentary election. In the intervening years, Hungary has made tremendous strides in strengthening its democratic foundation and becoming more integrated in the Euro-Atlantic institutions. It became a full NATO ally in March of 1999. Last spring, it earned full membership to the European Union, the EU. Today, the United States and Hungary maintain a positive and a productive bilateral relationship. Our two countries work closely together and through international organizations such as the EU and NATO. In particular, Hungary has been a steadfast ally for the United States and NATO missions in Iraq, Afghanistan, and in the Balkans. It is a member of the coalition that liberated Iraq. It also contributed troops to Operation Enduring Freedom in Afghanistan and has played an important role in the training and equipping of the Afghan National Army. Recently, Hungary offered to lead one of the provincial reconstruction teams to help stabilize Afghanistan. Hungary is a brave nation. Hungary is a proud nation. On behalf of the American people, I express my most sincere gratitude and respect for the invaluable contributions it has made to the war effort. Hungary is also playing another invaluable role in the spread of democracy. As a nation only recently emerged from decades of tyranny, Hungary is sharing its unique lessons with today's emerging democracies. It has established an International Center for Democratic Transition to reach out and nurture the world's newest democracies. The center will act as a resource for countries in transition. There, they can gain insights into the obstacles and opportunities before them. I have no doubt that this new center will help democracy take root, to grow, and to flourish, and will help the world's newly emerging democracies succeed. During our talks this afternoon, I look forward to discussing these and many other issues of mutual interest with the Prime Minister. The United States and Hungary have worked hard to build a close, cooperative relationship. I am confident that through continued exchanges and dialog, we can deepen and solidify our bond as champions and defenders of freedom.

Mr. FRIST

Mr. FRIST. I suggest the absence of a quorum.

Mr. FRIST

Mr. FRIST. Mr. President, I move to reconsider the vote.

Mr. FRIST. Mr. President, I rise to speak on leader time. I thank Senator McCain for his efforts on this very important issue that we have been debating, talking about, and focusing upon for a long period of time. It is an important matter that affects both our American reputation abroad and the conduct of our military personnel in this global war on terrorism. It is important to state that the performance of American servicemembers in Iraq, Afghanistan, and elsewhere around the globe has been outstanding, has been inspiring, and truly representative of the best our Nation has to offer. This amendment strives to establish uniform standards for the interrogation of prisoners and detainees as a means for helping ensure our service men and women are well trained, well briefed, knowledgeable of their legal, professional, and moral duties and obligations. Therefore, I fully support the purpose and intent of this amendment, and although I understand it may require some fine-tuning to prevent any unintended consequences, I do intend to vote for it with that in mind.

Mr. FRIST. I ask unanimous consent, notwithstanding rule XXII, the vote on the motion to invoke cloture occur following the last scheduled vote in this sequence, with the mandatory live quorum waived.

Mr. FRIST. For the information of our colleagues, what this means is we will vote on the Stabenow amendment next. Immediately following that, we will go to the cloture vote. Following that, there will be no more rollcall votes tonight. Throughout tomorrow we will have plenty of opportunity for discussion, for debate. We will be voting throughout tomorrow, as well. There will be no more rollcall votes after the Stabenow vote and cloture vote tonight which will immediately follow the Stabenow vote.

Mr. FRIST. Mr. President, I ask to speak on leader time. We will in a very few minutes be coming to a vote on the question of germaneness on the Warner amendment. I want to take a few minutes to comment on two issues. One is what we have been talking about over the last 30 or 45 minutes; that is, the Defense authorization bill. And secondly, I want to make a quick comment on the germaneness issue. We heard the distinguished Senator from West Virginia argue very strongly to have a freestanding Defense authorization bill come to the floor, and that is the most appropriate way to handle that bill. I agree to that. In fact, we have tried to do that in the past. We spent about 4 days on the floor, and at that time, because we had well over 100 amendments, took it off the floor to be addressed at some point in the future. We heard from the Senator from Michigan saying the only way that we believe we can deal with this is by offering it as an amendment, which has been done to the appropriations bill. I want to make it very clear I disagree with that. First, Defense appropriations: I think the appropriate way of dealing with this very important bill is to have it as a freestanding piece of legislation. As I mentioned, we have attempted to do that in the past, and I have been trying very hard to do that over the last couple of weeks. We had an offer on the floor that both the Democratic leader and the chairman and ranking member are well aware of, as most Members in our caucus are; that is, we would bring the Defense authorization bill to the floor as a freestanding bill, with 12 amendments to either side with second-degree amendments allowed under a time agreement. Those amendments we have asked to be related or within the jurisdiction of that particular committee. That is what we have been working with. We have been waiting and working all day. We have for the last about 8 or 9 days been waiting for a response from the other side of the aisle. I understand the other side of the aisle cannot agree with that unanimous consent request. I do propound it, in large part, to let all of our colleagues know we have been working on it, and we feel strongly there is a way to bring this Defense authorization bill up freestanding with appropriate amendments. With that, I will, at this point in time, propound that unanimous consent to make this clear. I ask consent, when the Senate resumes consideration of S. 1042, the Defense authorization bill, it be considered under the following limitations. All of the pending amendments be withdrawn and the bill be considered as follows: The only first-degree amendments in order be up to 12 amendments to be offered by the two leaders or their designees; provided further that the amendments be within the jurisdiction of the Committee on Armed Services and that these amendments be subject to second degrees, which are to be relevant to the amendment to which they have offered; provided further that the first-degree amendments be limited to 1 hour of debate equally divided in the usual form, with any second degrees limited to 30 minutes of debate equally divided. I further ask that there then be 2 hours of general debate on the bill divided between the two managers; provided further that the amendments be offered on a rotating basis, and if an amendment is not available at the conclusion of the previous amendment, then the amendment no longer be in order. Finally, I ask consent, at the expiration of that time and the disposition of the above amendments, the bill be read the third time and the Senate proceed to a vote on the passage of the bill as amended, if amended, with no intervening action or debate.

Mr. FRIST. Mr. President, the objection we heard was to a unanimous consent.

Mr. FRIST. I object.

Mr. FRIST. Mr. President, the unanimous consent I propounded that was objected to by the other side is exactly what we have been working on the last couple of weeks. It did say we would have a freestanding bill to bring a very important bill to the floor. We have spent several days, I believe 4 days, on that bill in the past. I had 24 amendments, 12 to either side, plus second-degree amendments, of which there is no limit for. But it was objected to. We will continue to work in that regard because I believe at some point we will be able to address that bill. What we will vote on, in hopefully a couple of minutes, is the germaneness of the Warner amendment, the authorization bill. The real challenge is if this bill is ruled germane, it will bog down what we are trying to do. There can be an endless number of amendments that are attached if it is germane; 130 have been filed. There would be unlimited second-degree amendments that could be applied toward the Warner amendment if that is found to be germane. The appropriate way to deal with the Warner amendment is as a freestanding authorization bill. I agree with Senator Warner. We need to do that, and we will work toward that in the future. I am disappointed the other side will not allow us to do it as a freestanding bill. Institutionally, if we start taking the huge authorization bills and start dumping them into the appropriations bill, the appropriations process, which is already difficult enough, is going do come to a grinding halt. Therefore, I ask my colleagues to vote that the Warner amendment be not germane, joining the chairman and the ranking Member of the bill as well as Senator Byrd, that this is not germane, and if it is not germane, it will allow us to continue on with the Defense appropriations bill in a disciplined way to complete, hopefully, by the end of Friday.

Mr. FRIST

Mr. FRIST. Mr. President, I am a bit offended when the Democratic leader knows last week we had defense, we had Generals Myers, Abizaid, and Casey brief Members extensively in a bipartisan way in a tradition we have set up that is working very well. We have the Secretary of State, which he knows, coming on October 19 to have a very similar briefing, addressing issues in Iraq, in Afghanistan. And Negroponte is coming, as I said, the following week. So we will work together. I do want to make it clear their invitation was initiated in a partisan way, with a letter I was not a part of, not asked to be a part of, in the letter itself, the initial letter. I think we need to continue to work together to continue these briefings, which are very important, as we go forward.

Mr. FRIST. Mr. President, with regard to a briefing which was initiated on a partisan basis by the other side of the aisle in spite of their knowledge that we do have an all-Senate briefing that is bipartisan in the tradition--we have had over 20 different briefings, including one very useful one last week, one the week prior to that. On a partisan basis, an all-Senate briefing was scheduled; a counteroffer was made. We already have a meeting scheduled with the Ambassador here in 2 to 3 weeks. I will continue to work with the Democratic leader coming back and forth. These all-Senator briefings we have, which are on a classified basis, have proven to be a very useful vehicle for all Senators to participate, to be able to ask questions of various representatives, and is a very good model. I will continue to work with the Democratic leader. As he knows, Ambassador Negroponte is coming in about 2\1/2\ or 3 weeks--I don't know exactly what that date is for that particular all-Senate briefing initiated on a bipartisan basis and not on a partisan basis, which this last meeting was.

Mr. FRIST

Mr. FRIST. Mr. President, I would like to comment on the Jewish holiday at this juncture, if I might. I would like to take a moment to recognize the Jewish holiday of Rosh Hashanah and to reflect on the importance of Israel to the Jewish people and the United States. Rosh Hashanah, also called the Jewish New Year, began Monday evening. Jews all across the globe flocked to their synagogues, prepared ceremonial meals, and set aside special time with family to mark the occasion. Rosh Hashanah celebrates the anniversary of the creation of the world. It is a time for contemplation and prayer, a day to look forward to the year ahead, to reflect on past deeds, and to ask for God's forgiveness. Rosh Hashanah is followed by Yom Kippur, the most solemn occasion on the Jewish calendar. Beginning on the 10th day of Tishri--the evening of October 12--the Jewish people will observe a day of fasting, of prayer, and reflection. And as with every year, they will end the annual rite with the words: ``Next Year in Jerusalem.'' Israel, and the city of Jerusalem, a city that both major parties recognize as its capital, is the birthplace to three of the world's great religions. It is rich in tradition, history, and culture, all of which truly touches the soul. From the mountains of the Golan to the port of Eilat, Israel's natural beauty is as diverse as the religions that share its golden city of Jerusalem. A land of economic and scientific innovation, the mysticism of the past unites with technology of the future. Perhaps most significantly, Israel is a symbol of the survival of the Jewish people. It shines as a beacon of hope to Jews all over the world, even as it stands surrounded by a sea of tyrannies. And to the United States, this small and besieged country is a vital partner in the war on terror. The struggle it fights every day against terrorist forces, within and without its borders, is part of the same struggle our troops fight every day in Iraq and Afghanistan--the same struggle that rocked the island of Bali on Saturday. Reasonable people can and should debate Israel's policies. Serious, thoughtful debate is crucial to devising effective and correct solutions. It is the cornerstone of democracy. But we must always distinguish between those who raise legitimate questions about the specific policies of a democratic state and those who use criticism of Israel as a disguise for attacks on the Jewish people. I urge all of my colleagues to reflect on the longstanding relationship, friendship, between the United States and Israel; to wish our ally peace and prosperity in the year ahead; and to work to strengthen, deepen, and improve our bond as defenders of freedom. Mr. President, I yield the floor.

Mr. FRIST

Mr. FRIST. Reserving the right to object.

Mr. FRIST. Mr. President, I will object shortly. As the distinguished Senator from Louisiana knows, the issue we are talking about is one that is very close to me, one on which she and I have had many conversations because it goes right to the heart of health care for hundreds of thousands of people. It is an issue we have to address. I personally have spent about an hour and a half today on this issue with the chairman and many others. We are not there yet. I pledge to keep working on this issue. I understand the time urgency of it. As the distinguished Senator from Louisiana knows, there are several objections on our side, and on behalf of those colleagues, I object.

Mr. FRIST. Mr. President, the issue of health care and health care delivery among peoples who have lost their homes, who have lost shelters, security, family members, is something we need to address quickly, expeditiously, and we are going to continue to work on it. At the same time, I wish to say to the American people who are listening to me--and the Senator from Louisiana and I have had the opportunity to travel together over the region she is about to discuss, and I observed firsthand. Those people now are getting health care, and health care is not being denied anybody. It cannot be denied, and it will not be denied. The real issue is to make sure that compensation for that health care does flow and does flow in a timely fashion to where the patient is displaced or to the State of Louisiana or it might be Alabama or Mississippi. How that is done most appropriately and fairly where the funds can follow the individual and follow the patient, the family, is what is being addressed. The issue is not as to whether or not health care is being provided. Health care is being provided. It is available to those people who need it. Mr. President, I would like to proceed with a couple of items of business, and then I know that the Senator from Louisiana has the floor and has a number of very important things to address. I should also say that Senator Landrieu and I have been in discussion over the course of today on a number of issues that she provided in a letter to me which addresses health care issues, small business issues, education issues, and community disaster loans. I continue to aggressively address all four of those issues with my colleagues as well.

Mr. FRIST

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

Mr. FRIST

Mr. FRIST. Mr. President, shortly we will resume debate on the Defense appropriations bill. We began consideration on that bill last Thursday. Since that time, Members have had Thursday night, Friday, and all day Monday. We were here all day Monday, all day yesterday, Tuesday, to offer amendments. We will continue with the amendment process through today. As I have announced previously, we will stack votes beginning at sometime around 7:30 this evening to accommodate observance of the Jewish holiday. As I have said from the outset, our intentions are we will finish the Department of Defense appropriations bill this week prior to going out on our week-long recess. It is a critically important bill, something we will finish this week. Last night, I did file cloture on the bill. I filed in order to ensure we finish the bill this week in an orderly way. Everyone has had the opportunity for the last 3 or 4 days to come forward and offer amendments. We will vote on those amendments tonight, and then we would have the cloture vote tomorrow morning. Again, I encourage, as I have every day for the last several days, Members to come to the Senate and offer those amendments so we can vote on them. We have had more than 100 amendments filed. It is imperative that the Senators who are serious about their amendments and want them considered come forward and work with the managers over the course of this morning and not wait until tonight. We will finish the bill this week. As a reminder, we will recess from 12:30 until 2:15 for the weekly party luncheons. Let me turn to the Democratic leader on anything on the schedule before I make a very brief statement.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of S. Res. 267, which was submitted earlier today.

Mr. FRIST. Mr. President, this resolution concerns a request for testimony, documents, and representation in related criminal trespass actions in Concord District Court in the State of New Hampshire. In these actions, 6 defendants have been charged with criminally trespassing on the premises of Senator Judd Gregg's Concord, NH, office on June 2, 2005, for refusing repeated requests to leave Senator Gregg's office at the end of the business day in order to allow the office to close. Trials on the charge of trespass are scheduled to commence or about October 18, 2005. The State has subpoenaed a member of the Senator's staff who witnessed the defendants' conduct. The enclosed resolution would authorize that staff member, and any other employees of Senator Gregg's office from whom evidence may be required, to testify and produce documents in connection with these actions.

Mr. FRIST. I ask unanimous consent that the resolution be agreed to, the preamble be agreed to and the motion to reconsider be laid upon the table.

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, October 6. I further ask that 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, and the Senate then resume consideration of H.R. 2683, the Defense appropriations bill. I further ask unanimous consent that notwithstanding the adjournment of the Senate, all time overnight be counted against the 30 hours postcloture.