Bill Frist

Mr. FRIST

Mr. FRIST. I thank Senator Kyl for his question. He is correct in his understanding that the E-3 visa would not be limited to employment that is directly related to international trade and investment. To qualify for an E-3 visa, an Australian national must be seeking employment in a ``specialty occupation,'' as that term is defined in the Immigration and Nationality Act, and the U.S. employer must have obtained a certified labor attestation from the Department of Labor. In other respects, such as visa application procedures, periods of admission, dependent admissions, and spousal work authorizations, the rules applicable to the new E-3 visa will be the same as for other E visa holders currently. Also, Australian nationals will continue to have access to all existing categories of visas to which they are currently entitled.

Mr. FRIST. Mr. President, we yield back the time on our side.

Mr. FRIST

Mr. FRIST. Mr. President, 4 years ago today President Bush nominated Miguel Estrada to the District of Columbia Circuit Court of Appeals. His nomination should have gone smoothly. The American Bar Association pronounced him highly qualified, a rating my colleagues on the other side of the aisle once called the gold standard. He clerked for a Supreme Court Justice and worked in both the Bush and Clinton administrations. The Honduran immigrant then won top honors at Columbia University and Harvard Law School. Miguel Estrada epitomized the American dream. But Miguel Estrada's nomination never received an up-or-down vote. A minority of Senators used the filibuster to stop the Senate from exercising its constitutional duty to advise and consent. Senators supporting his nomination made seven attempts to bring his nomination to a vote. Each time the effort failed. Finally, after enduring 2 years of obstruction, Miguel Estrada withdrew his name from consideration. Unfortunately, today marks the fourth anniversary of another candidate whose nomination is, likewise, being blocked. Priscilla Owen, who has served on the Texas Supreme Court for 10 years, has earned the praise of both Republicans and Democrats. Judge Owen won reelection to the Texas bench with 84 percent of the vote and the endorsement of every major newspaper in the State. Former justice Raul Gonzalez, a Democrat, says: I found her to be apolitical, extremely bright, diligent in her work, and of the highest integrity. I recommend her for confirmation without reservation. Still, a minority of Senators is using the filibuster to stop this Senate from exercising its constitutional duty to advise and consent, to vote up or down, to vote yes or no, to vote, confirm or reject. This campaign of obstruction is unprecedented. Before Miguel Estrada, the Senate had never denied a judicial nominee with majority support an up-or-down vote. In the last Congress, the President submitted 34 appeals court nominees to the Senate. Ten of those nominees continue to be blocked. Each has been rated ``qualified'' or ``well-qualified'' by the American Bar Association, each has the majority support of the Senate, and each would be confirmed if brought to the Senate floor to a vote. Meanwhile, the other side threatens to shut down the Senate and obstruct government itself if it does not get its way. Instead of thoughtful deliberation and debate, a small minority is attempting to change 225 years of constitutional history. Former Senate majority leader Bob Dole is correct when he says: By creating a new threshold for the confirmation of judicial nominees, the Democratic minority has abandoned the tradition of mutual self-restraint that has long allowed the Senate to function. Precedent has been replaced with partisanship, and respect for the separation of powers tossed aside. Now, 12 of the 16 court of appeals vacancies have been officially declared judicial emergencies. The Department of Justice tells us that the delay caused by these vacancies is complicating their ability to prosecute criminals. The Department also reports that due to the delay in deciding immigration appeals, it cannot quickly deport illegal aliens who are convicted murderers, rapists, and child molesters. Additionally, there are notoriously long delays in deciding habeas petitions, meaning that both victims' families and prisoners often wait years before getting final resolution on murder convictions. All of this obstruction must stop. It is hurting the nominees. It is hurting the Senate. It is hurting the American people. For most of the 20th century the same party controlled the White House and the Senate. Yet until the last Congress, no minority ever denied a judicial nominee with majority support an up-or-down vote. They treated judicial nominees fairly. They respected the Senate's role in the appointments process designed by the Framers. Before the recess, I came to the Senate to offer a compromise. That proposal was simple: Appeals court judicial nominees should get a fair, open, and exhaustive debate, and then they should get an up-or-down vote. Whether on the floor or in committee, it is time for judicial obstruction to end no matter which party controls the White House or the Senate. Senate tradition is comprised of shared values based on civility and respect for the Constitution. I sincerely hope that Senate tradition can be restored. It is a matter of fairness. It is a matter of honor. It is our constitutional duty to give these nominees a vote. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, today we will shortly resume consideration of the highway bill. There are a couple of Members desiring to speak on other subjects prior to going back to the highway legislation, and we will accommodate those statements. I will have a brief statement. The Democrat leader has a statement, as well. Chairman Inhofe will be managing the highway bill today. As we announced prior to the recess, we expect a vote this evening at approximately 5:30 p.m. That vote will be in relation to an amendment on the highway bill. Several Senators have indicated they would be available today to offer amendments. We hope to schedule one of those for a vote this evening. We are now beginning our second week of work on the highway bill. The managers have patiently waited for Members to come to the Senate to offer their amendments. I am concerned about the pace of the bill. We need to finish the bill this week. I put our colleagues on notice that we will use cloture if necessary to bring this bill to conclusion. Having said that, be prepared for full sessions to consider and dispose of highway amendments over the next few days. As I think about it, I want to make it clear to our Members, we will be voting throughout this week, including Friday. With respect to the emergency supplemental appropriations bill, that should now be at the desk. Our expectation is to begin debate on that conference report this evening. I hope any Member who wants to speak will stay this evening for debate in order to schedule a vote on the emergency supplemental appropriations conference report sometime tomorrow, hopefully early tomorrow. I will be consulting further with the Democrat leader on the exact timing but, again, we want to vote as early as possible on Tuesday so we can get back to the highway bill. I thank our colleagues in advance for their help on these two important measures.

Mr. FRIST

Mr. FRIST. Mr. President, I ask, unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to hold a hearing during the session of the Senate on Thursday, April 28, 2005 at 10 a.m. in SD-430.

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on April 28, 2005, at 9:30 a.m., in open and closed session to receive testimony on defense intelligence in review of the defense authorization request for fiscal year 2006.

Mr. FRIST. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on April 28, 2005, at 2:30 p.m., to hold a hearing.

Mr. FRIST

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

Mr. FRIST. Mr. President, I ask unanimous consent the Senate proceed to the immediate consideration of H. Con. Res. 41, which we received from the House.

Mr. FRIST

Mr. FRIST. I thank the Senator from New Hampshire.

Mr. FRIST. Mr. President, I ask unanimous consent that following the vote on the budget conference report, the cloture vote, with respect to the Portman nomination, be vitiated; provided further, that the Senate resume executive session for the consideration of the nomination and that there be 1 hour for Senator Lincoln and 10 minutes equally divided for the chairman and ranking member; provided further, that following that time, the Senate vote on the confirmation of the nomination, with no intervening action or debate; provided further, that following that vote, the Senate proceed to the cloture vote with respect to the Johnson nomination, notwithstanding the provisions of rule XXII, with Senator Carper to speak for 5 minutes and Senator Voinovich for 5 minutes before the vote; provided further, that upon the granting of this request, the Bayh amendment No. 568 to the highway bill be withdrawn. Before the Chair rules, I will state further it is the understanding of Chairman Grassley that with this agreement, Senator Bayh has agreed to not reoffer his amendment or ask for a vote on the standalone measure prior to a review by the Senate Finance Committee at the July hearing.

Mr. FRIST. Mr. President, I ask for the yeas and nays.

Mr. FRIST. Mr. President, I rise today with my colleague from New Hampshire, Senator Gregg, Chairman of the Senate Budget Committee, to discuss the creation of a Medicaid commission to assist Congress and the administration in their task of modernizing Medicaid. As my colleague knows, the Medicaid program under Title XIX of the Social Security Act provides essential health care and long-term care coverage to low-income children, pregnant women and families, individuals with disabilities, and senior citizens. The program, in fact, provides health and long-term care coverage to approximately one in six Americans. Yet, I think we can all agree that Medicaid now faces financial challenges at both the State and Federal level that, over time, will worsen and threaten the viability of the program. This commission will help us address this challenge. The members of this independent Medicaid commission will be appointed by the Secretary of Health and Human Services and will represent a broad range of ideas and points of view. It will, for example, include representatives of both the State and Federal governments, individuals who are covered by the program, and those who provide care and coverage under the program. The commission will be a fair and balanced forum to discuss the needs and challenges of the Medicaid system and to make recommendations that can assist policymakers in improving the program. I ask my colleague, Chairman Gregg, if he would describe the goals and the timeline of the commission.

Mr. FRIST

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

Mr. FRIST. I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be discharged from further consideration of S. Res. 107 and the Senate now proceed to its immediate consideration.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the Foreign Relations Committee be discharged from further consideration and the Senate now proceed to S. Res. 82.

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

Mr. FRIST

Mr. FRIST. Mr. President, Benjamin Franklin once said: He that would fish must venture his bait. In America, we have millions of creative women and men and even teens who cast their reels every day in the hopes of catching the American dream. And fortunately we have the most vibrant economy in the world and the Small Business Administration to help them. This week the Small Business Administration is hosting its annual celebration of America's entrepreneurs at the Washington Hilton. President Bush spoke to the group several days ago in recognition of their tremendous contributions. One of the topics that had been discussed over the course of the week is just how important are small business owners. These innovators create 60 to 80 percent of new jobs nationwide. They generate more than 50 percent of the gross domestic product. Small business owners are the heart of the American marketplace, and their contributions to jobs and productivity are its lifeblood. In my home State of Tennessee, over 97 percent of all businesses are small businesses. Women-owned businesses generate billions of dollars in revenue and employ tens of thousands of workers. Minority-owned firms, the fastest growing small business sector in America, account for nearly 33,000 small businesses in Tennessee. Elisa Comer, CEO of Eagle's Landing Transcription Service over in Johnson City, TN, has been chosen this year as one of the Small Business Administration's 50 small business people of the year. Elisa's company offers cutting edge electronic technology that improves medical recordkeeping. This happens to be an issue that in my capacity as a Senator I have worked on very closely. Companies that provide up-to-the-minute medical records technology are crucial to improving patient care, to improving patient safety, and improving efficiency in the medical field. Workers and consumers depend on entrepreneurs such as Elisa to generate jobs and to provide higher quality products and services. And with the help of the Small Business Administration, America's entrepreneurs can get their ideas off the ground and into the neighborhood near you. Take, for example, the restaurant chain Outback Steakhouse. It may come as a surprise to some, but Outback Steakhouse is not headquartered in Australia. It is headquartered right here in America, down in Tampa, FL. In a little over a decade, Outback Steakhouse has grown from a small restaurant operation into a nationwide phenomenon. In February of 1990, the 2\1/2\-year-old company employed approximately 300 people and had a net worth of less than $2 million. That year it received a boost from the Small Business Administration. Ten years later, the restaurant chain employs more than 38,000 people and in 1999 posted revenues of a dizzying $1.6 billion. Outback has restaurants in 48 States and 13 countries as far away as Seoul and Rio de Janeiro. Another dazzling example of the Small Business Administration's catalytic effect is Staples. It started as a single office supply store in Brighton, MA, in 1986. The office supply store is now the country's largest operator of office superstores. Staples employs 58,000 people and has annual gross sales of $11.6 billion. It even offers products and services to up-and-coming small businesses to help them cut costs. The Small Business Administration has helped more than 22 million Americans start, grow, and expand their businesses. It has become the Government's most effective instrument for economic development. With its help, small companies have grown from a handful of employees into thousands. The SBA is just one part of our efforts to support job-creating policies. In 2003, the Jobs and Growth Tax Relief Act we passed provided more than 25 million small business owners with tax relief totaling $75 billion. In fact, small businesses received 80 percent of the benefits of the reduction of the top marginal tax rate. The tax relief package quadrupled the amount small businesses can expense for new capital investments, which will lead, and has led, to new investment in technology and machinery and other equipment. It phases out the Federal death tax, ensuring that family business owners are able to leave their businesses to their families or key employees. These policies are helping to create new jobs and increase productivity and make every consumer's dollar go farther. Remington's electric shaver magnate Victor Kiam once observed: Entrepreneurs are simply those who understand there is little difference between obstacle and opportunity and are able to turn both to their advantage. I commend my fellow citizens who possess this talent to turn obstacles into opportunity, not only to their advantage, but also to the advantage of us all. Their risk-taking and creativity help keep America moving forward.

Mr. FRIST

Mr. FRIST. Today we will begin our session with a 1-hour period of morning business, and following morning business, the Senate will begin debate on the highway bill. Senator Inhofe has been on the floor over the course of the last 3 days and has encouraged Members to offer their amendments. I encourage them to do so at this time. I ask Senators to contact the chairman and ranking member if they do intend to offer an amendment so they can plan accordingly. We will make further progress on the bill today and tomorrow. Senators should not wait until the last minute to offer their amendments. Please come forward today and tomorrow with those amendments. Also, I remind everyone that last night we filed two cloture motions on two Cabinet-rank nominations: Rob Portman to be USTR, and Stephen Johnson to be Administrator of EPA. Those votes will occur on Friday unless we reach an agreement for a confirmation vote on those two important nominations. We will also consider the budget and supplemental conference reports when they are available. Members continued to work well into the evening last evening on both of these conference reports. The budget conference report, as my colleagues know, can be debated for up to a 10-hour statutory limit. Having said that, Senators should be informed we have quite a bit of work to accomplish prior to our adjournment, and we are going to need to stay until we finish our business. Senators should expect rollcall votes each day.

Mr. FRIST

Mr. FRIST. Mr. President, I yield the floor.

Mr. FRIST. Mr. President, I ask unanimous consent that the Rules Committee be discharged from further consideration of H.J. Res. 19 and H.J. Res. 20 and the Senate proceed to their immediate consideration en bloc.

Mr. FRIST. I ask unanimous consent that the joint resolutions be read a third time and passed, the motions to reconsider by laid upon the table en bloc, and any statements be printed in the Record.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be discharged and the Senate proceed to S. Res. 108.

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

Mr. FRIST

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