Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, each year, nearly 1 of every 10 Americans is injured and requires medical attention. Injuries are the fifth leading cause of death in the United States. Trauma kills more people between the ages of one and 44 than any other disease or illness. While injury prevention programs have greatly reduced death and disability, severe injuries will continue. Given the mass trauma events of September 11, 2001 and our Nation's renewed focus on enhancing disaster preparedness, it is critical that the Federal Government increase its commitment to strengthening programs governing trauma care system planning and development. The direct and indirect cost of injury is estimated to be about $224 billion a year, according to the Centers for Disease Control and Prevention. The death rate from unintentional injury is more than 50 percent higher in rural areas than in urban areas. Only one fourth of the U.S. population lives in an area served by a trauma care system. Studies of conventional trauma care show that as many as 35 percent of trauma patient deaths could have been prevented if optimal acute care had been available. It is essential that all Americans have access to a trauma system that provides needed care as quickly as possible. Since 1990, Congress has sought to improve care through the Trauma Care Systems Planning and Development Act. This Act provides grants for planning, implementing, and developing statewide trauma care systems. This critical program must be reauthorized. Therefore, I am introducing bipartisan legislation today, along with Senators Kennedy, Roberts, Jeffords, Talent, Clinton, and Murray to reauthorize this program. Despite our past investments, one half of the States in the country are still without a statewide trauma care system. Clearly we can do better. We must respond to the goals put forth by the Institute of Medicine in 1999--that Congress ``support a greater national commitment to, and support of, trauma care systems at the federal, state, and local levels.'' The ``Trauma Care Systems Planning and Development Act of 2005'', reauthorizes this program with several improvements: first, it improves the collection and analysis of trauma patient data with the goal of improving the overall system of care for these patients; second, the bill reduces the amount of matching funds that states will have to provide to participate in the program so that we can extend quality trauma care systems across the nation; third, the legislation provides a self-evaluation mechanism to assist states in assessing and improving their trauma care systems; fourth, it authorizes the Institute of Medicine to study the state of trauma care and trauma research; and finally, it doubles the funding available for this program to allow additional states to participate. I appreciate the support of my co-sponsors. I look forward to working with them, and with Senator Enzi, the Chairman of the Senate Health, Education, Labor, and Pensions Committee, to see this bill passed this year. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, this morning at 9:30, we will resume consideration of the nomination of Alberto Gonzales to be Attorney General of the United States. Yesterday, we were able to lock in an agreement on the nomination. We will debate the nomination throughout the course of the morning and the afternoon. As we all know, at 9 p.m. tonight, the President will deliver the State of the Union Address. Therefore, we will recess at approximately 4:30 this afternoon to accommodate arrangements for that address. I do want to remind our colleagues that we will assemble in the Chamber at 8:30 so we can proceed at 8:40 sharp to the Hall of the House of Representatives. Tomorrow, we will continue debate on the Gonzales nomination as the order provides, with the vote occurring Thursday afternoon or evening.

Mr. FRIST

Mr. FRIST. Mr. President, a couple of comments before we return to the Gonzales nomination. Yesterday, it was reported that Pope John Paul has been hospitalized or had been hospitalized. He had fallen ill with the flu apparently on Sunday. I, along with the American people, wish him a swift and full recovery.

Mr. FRIST

Mr. FRIST. Mr. President, I will close by making a few very brief remarks on Judge Alberto Gonzales. The opportunity is being provided for all Senators to express themselves on this very important nomination. I am confident that the nomination will be confirmed tomorrow afternoon or tomorrow evening. The debate is important, and I encourage all of our colleagues to keep it civil and nonpartisan, as much as practically possible, over the next 48 hours. I will talk very briefly about a topic the President will speak to tonight, I am quite certain, and that is restoring commonsense balance to our legal system and to our tort system. I mention that because as the Democratic leader and I have agreed, we will be coming to an important aspect of class action reform next week. I think of Dr. Chet Gentry of the Cumberland Family Care Clinic in Sparta, TN, who does not deliver babies anymore, does not practice obstetrics anymore. When one asks him why, without any hesitation, crystal clear, it is because his insurance premiums grew too high. Simply, he could not afford to deliver babies, and by dropping obstetrics he cut the insurance premiums he has to pay for this privilege of practicing medicine by two-thirds, down from $38,000 a year to $14,000 a year. So by not delivering babies, he cuts his insurance premiums down that dramatically. There is an incentive to not take care of moms when they are going through this wonderful process of giving birth. In a rural community as small as Sparta--and it has a relatively small population, only 5,000 people--losing Dr. Gentry's services for families is a huge blow. Eighteen months ago, that town had five family physicians. Today, there are three doing obstetrics, delivering babies, and only two of them will perform C-sections. Dr. Gentry--again, I use him as an example--warns: In this small community of Sparta, which serves several surrounding rural counties, the cost of malpractice insurance is affecting access to care. It's already difficult to recruit physicians to rural areas, and the malpractice crisis threatens to make it worse. The issue is not just cost, it is not just money, it is access to care, whether it is trauma care or finding an obstetrician who will take care of you through the 9 months of pregnancy and deliver your baby. It is an access issue. This out-of-control litigation is reaching a crisis point in Tennessee. In 29 other States it has already reached a crisis point. Seventy percent of doctors who have practiced in Tennessee for more than 10 years have had a claim filed against them. Does that mean that 7 out of 10 doctors in one State are conducting malpractice, bad health care? No, of course not. If one looks at the studies of obstetrics, OB/GYN, 92 percent have had a claim against them. That is 9 out of every 10 doctors who have been delivering babies for more than 10 years. For cardiac surgeons, heart surgeons, not a higher risk but in some ways a higher risk field, one of the more common operations done across the country today is cardiac surgery--92 percent out of the physicians, 9 out of 10 physicians who have practiced more than 10 years, have had a suit filed against them. Average malpractice insurance premiums have increased, so it is a problem, but it is a problem that is getting worse. Look over the last 5 years; these premiums have increased by 84 percent. The premiums go up because when the frivolous lawsuits increase, it creates a heavier burden and that is passed on, of course, to physicians. In Tennessee, OB/GYNs can expect to pay $60,000 a year in insurance premiums; heart surgeons, about $55,000; and general surgeons, $40,000. All of that is high. That is just to pay for the insurance. Remember, Tennessee is not yet a crisis State. If a doctor is in Pennsylvania, Ohio, or down in Florida, they are paying two to three times that. Some neurosurgeons, trauma surgeons, are having to pay insurance of $300,000, some even $400,000, a year for the privilege of taking care of people in the event there is an accident. Dr. Martin Olsen, chair of OB/GYN division at East Tennessee State University, reports that their clinic in the rural town of Mountain City, TN, had to shut down because of unaffordable insurance costs. Cocke County meanwhile has lost 7 of its 12 doctors who deliver babies. The problem is not limited to Tennessee. It is not even limited to the practice of medicine. I use that as an example because the impact these litigations costs and frivolous lawsuits have on medicine and health care is so dramatic to me as a physician, as I look at my physician colleagues. Across the country, American businesses, doctors, plaintiffs, court systems, and taxpayers, are all being victimized by frivolous litigation, by out-of-control litigation. Now is the time to change that. That opportunity is before us. In 2003, the tort system cost about $250 billion overall. Much of that, maybe half of that--I do not even know what the figure is--is obviously well spent. What we want to do is squeeze the waste, the frivolous lawsuits, out of the system. That figure of $250 billion means of an unnecessary tax of about $850 for every man, woman, and child. So it is bad now. At the current rate of increase, which outpaces the growth of our GDP, gross domestic product, it is estimated that per capita cost will go above $1,000 by 2006. That means for a family of 4, there is a tort tax of about $4,000. The tort system accounts for about 2.23 percent of our GDP. That is equal to the entire economy of the State of Washington or more than that of the State of Tennessee, my own State. Where does all that money go? Unfortunately, less than half of it gets to the victims, the people who have been victimized and hurt. They need to be fully compensated. We all agree with that. The problem is, less than half of the money goes to the victims, which is the purpose of the tort system, and the other half of it goes to administrative costs and, of course, to the trial lawyers, the personal injury lawyers. There are lots of different examples. Take the case of the Coca-Cola apple juice dispute. It is really on the apple juice end of this, that the plaintiffs' lawyers charged that the drink company was improperly adding sweeteners to its apple juice. So as compensation, the attorneys managed to secure a 50-cent coupon for each of the apple juice victims while at the same time the lawyers walked away with $1.5 million for themselves. The system is out of balance. We will bring it back into balance. Small businesses get dragged into this irrational tort system. There is example after example that we all have. The system clearly needs to be reformed. Cherry-picking favorable counties to land billion-dollar settlements undermines the core principles of our legal system. Those principles are fairness and equity. These are the sorts of issues that the Judiciary Committee will be addressing tomorrow in committee and that we will be addressing on the floor of the Senate next week. As our distinguished colleague from New York, Senator Schumer, has explained on the Senate floor, too many lawsuits are filed in local courts that have no connection to the plaintiff, the defendant, or the conduct at issue. If the case affects the Nation as a whole, it should be heard in a Federal court. We have other areas of litigation that need to be addressed and hopefully will be addressed in the near future. Asbestos litigation has bankrupted 70 companies; 18 companies have been bankrupted in the last 24 months. It means job losses--60,000 jobs have been lost, with billions of dollars taken out of our economy without the patients or individuals with cancer being adequately compensated in a timely way. So squeeze the waste and abuse and in some cases the fraud out of the system--that is our goal--and return these systems back into systems of integrity. I am very excited about where we are going in terms of addressing the tort issues in a balanced, bipartisan way. We will justly compensate those who have been injured by careless or reckless actions, and we want to hold those who commit these actions to account. Since our country's founding, the tort system often has been a force of justice and positive change, but today that justice is being junked by trial attorneys looking for these multimillion-dollar windfalls, and that is what we need to address. We will take action to end the abuse in these lawsuits on the floor of the Senate. It will be done for the sake of true victims who deserve fair compensation, for the prosperity and health of our people, and for the integrity of our Government. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, as we celebrate the extraordinary elections in Iraq, let us also recognize the historic progress being made by the Palestinian people toward democracy. On January 9, for the first time in 9 years, Palestinians living in the West Bank, the Gaza Strip, and Jerusalem voted in free and fair elections. They elected former Prime Minister Dr. Mahmoud Abbas, also known as Abu Mazen, to be their President. For the first time in 30 years, they cast their ballots for new leadership. It was a great moment for the Palestinian people. It was, as President Bush remarked, ``a key step toward building a democratic future.'' The election was also a powerful example to all who strive for freedom. It proved that free and fair elections are not only possible in the Middle East, but the hope and right of all people. During his inaugural speech, President Abbas declared that: The people have voted for the rule of law, order, pluralism, the peaceful transfer of authority, and equality for all. I commend President Abbas for these important and inspiring words. This election represents a genuine opportunity for peace. A democratic Palestinian Authority that rejects violence and embraces the rule of law is one of the most important building blocks for a viable, free, and stable Palestinian state. Israel also deserves praise for its support of the Palestinian election. Israel provided important cooperation with the Palestinian Authority to minimize delays at checkpoints. Israeli security forces were also deployed away from Palestinian population centers. The U.S. Government stands ready to work with the new Palestinian leadership to build the bridge to that hopeful future. With wise and principled leadership, Palestinians and Israelis can live side by side in peace. The road ahead will be difficult. Yesterday, Hamas fighters shelled a Jewish settlement in a purported retaliatory strike. I remain hopeful, however, that Palestinian and Israeli leadership will continue to work together to bring the peace. There is a roadmap. There is a will. With the support of the international community, including the Arab world, both sides will find the way.

Mr. FRIST

Mr. FRIST. Just reserving the right to object, I don't believe we will be using all our time in morning business. I would like to get to Judge Gonzales formally--we said at 10:45, at which time the chairman and ranking member are going to come. I think we will be yielding back some of our morning business time. If we can still shoot for 10:45, I think that will give your side an adequate 30 minutes in morning business.

Mr. FRIST. Madam President, we had not originally said 30 minutes either side, but if you need 30 minutes this morning in morning business, that will be fine. We would like to start at 10:45, if possible, if that will give you adequate time.

Mr. FRIST

Mr. FRIST. Madam President, the Democratic leader is exactly right. That was our first comment. What is even more embarrassing is when you are side by side with either Lloyd Ogilvie or Chaplain Black and you have to sing, because their voices are so powerful, which does mean so much to us in terms of expressing feelings, emotion, and values. When it is applied to the beautiful voice of singing, it is especially embarrassing to me as they are next to me because the contrast is so dramatic. It is a great pleasure for all of us to welcome Lloyd Ogilvie back with us this morning to open today with a prayer that struck at what we have seen the last couple of days, but also the real responsibility and obligations we have as Members of the Senate. We have been blessed with chaplains such as Chaplain Black and Chaplain Ogilvie to serve us and the American people so selflessly and unselfishly during our tenure.

Mr. FRIST

Mr. FRIST. Madam President, today the debate and discussion throughout will be on the nomination of Judge Alberto Gonzales to be Attorney General, and I am proud to be the first of many today to speak on this nomination and the strong support I have for this nominee. Judge Gonzales is a man of keen intellect, a man of high standing and achievement, and unwavering respect for the law. As our first Hispanic- American Attorney General, Judge Gonzales will stand as an inspiration to all Americans. He captures it in his life story. He is an outstanding choice to become our Nation's top law enforcement officer. He has lived the American dream. We talk so much about the American dream. We point to people, parts of whose lives manifest the American dream. He lived it growing up in the town of Humble, TX, in a two- bedroom house shared by seven siblings and his mother and father. His parents, Pablo and Maria, were Mexican-American immigrants. They have little formal education. His dad completed second grade and that was it. Inspired by his parents--as he tells it, their hard work--and spurred on by their encouragement, Judge Gonzales set his aspirations high and he was on the way. He has fulfilled them at every level. He played football and baseball in high school. On graduation, he joined the Air Force, from there enrolled in the Air Force Academy, and later transferred to Rice University. He became the first person in his family to go to college. He didn't stop there. He was accepted at Harvard Law School, and with his Harvard law degree in hand he returned to Texas to join one of Houston's most respected law firms, and he was their first minority partner. At the firm, Judge Gonzales committed himself to the education of minority kids. He even helped create minority scholarships which to this day are awarded to those in need. It didn't take long for people to recognize the tremendous talents of Judge Gonzales. He answered the call to public service. Newly elected Governor George Bush tapped Alberto Gonzales to join his administration as general counsel. He went on to become Texas's 100th secretary of state and then later a justice of the Texas Supreme Court. Every step of the way he has worked hard. He has won the respect of his peers. His integrity and talent have allowed him to receive numerous awards. Those sterling qualities have also garnered the trust and loyalty of the President of the United States. As counsel to the President for the last 4 years, he has been one of the President's closest advisers. President Bush credits Judge Gonzales for his candor and for his ability to remain steady in times of crisis--qualities that are essential in an Attorney General. As we all know, it has been noted that when President John F. Kennedy nominated his brother Robert to lead the Justice Department, the relationship worked so well because the President could count on his unflinching candor in times of crisis. The biography of Judge Gonzales speaks for itself. I do think it is important to, up front, address some of the criticisms that have been leveled against him. More than a few facts have been lost in the debate. These issues will be talked about, I know, over the course of the morning. First, President Bush does not have nor has his administration ever had an official Government policy condoning or authorizing torture or prisoner abuse. Let me restate for the record what the policy has been and continues to be from a Presidential memo dated February 7, 2002: Our values as a Nation, values that we share with many nations in the world, call for us to treat detainees humanely, including those who are not legally entitled to such treatment. . . . As a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions [governing the laws of war.] Second, neither Judge Gonzales nor the President have condoned nor advocated nor authorized the torture of prisoners. In fact, on numerous occasions both have explicitly condemned torture as an abhorrent interrogation technique. Third, Judge Gonzales was not the author but he was the recipient of memos focusing on methods of interrogation of captured terrorists. The research memos that have been the focus of so much attention and criticism were written, not by the judge, but by the Office of Legal Counsel of the Department of Justice to Judge Gonzales as White House counsel. Those memos explored the legal interpretation of Federal law. They did not set administration policy. Indeed, the Department of Justice has since categorically withdrawn this legal analysis that has been interpreted by some as authorizing torture of terrorist detainees, stating unequivocally: Torture is abhorrent both to American law and to international norms. Unfortunately, these facts have not gotten in the way of a barrage of attacks on Judge Gonzales. I am disappointed but not discouraged. I am confident Judge Gonzales will be confirmed with bipartisan support. I am confident that as Attorney General, Judge Gonzales will continue to build on the successes of the last 4 years that we have seen in reducing crime and fighting corporate fraud and upholding our civil rights laws. The judge has worked hard over the past 4 years to help America defend herself from terrorist attack while respecting our constitutional principles. In these uncertain times, we are fortunate to have a man with such high regard for the law serving our country and protecting our interests. In closing, former Clinton Cabinet member Henry Cisneros just this month praised Judge Gonzales as ``better qualified than many recent Attorneys General,'' and one who can rely on memories of humble beginnings, using his words, ``to understand the realities many Americans still confront in their lives.'' Mr. Cisneros's sentiments are widely shared. Judge Gonzales is highly qualified to be America's next Attorney General. He will make America safer, more secure. He will lead the pursuit of justice. I urge my colleagues to offer their full support to the first Hispanic-American Attorney General, Alberto Gonzales, the man from Humble. I yield the floor.

Mr. FRIST

Mr. FRIST. Madam President, this morning we have a period for morning business until 10:45. At 10:45, we will proceed to executive session for the consideration of the nomination of Alberto Gonzales to be Attorney General. Chairman Specter will begin that debate. On this side, we are prepared to allow for a reasonable time for debate and then set a time certain for the vote. I hope that at an early hour today we will be able to lock in an agreement so that Members will be able to prepare accordingly. We do want all Senators to have the opportunity to come to the floor and express themselves and debate appropriately. Over the course of the morning, we will hopefully have more certainty in terms of when we will complete debate. I do want to encourage Senators in the meantime to contact the chairman or the ranking member in order to facilitate an orderly schedule for speakers. I welcome the debate on Mr. Gonzales and look forward to the Senate acting on this important nomination. Once again, I mentioned yesterday but I want to remind our colleagues today, we have a State of the Union Message tomorrow, a joint meeting of Congress at 9 p.m. We have asked Senators to gather in the Chamber beginning at 8:30 to proceed at 8:40 to the Hall of the House of Representatives tomorrow night. I have a statement to make, but I would like to turn to the minority leader.

Mr. FRIST

Mr. FRIST. Madam President, I will comment on Judge Alberto Gonzales and his confirmation. Over the period for morning business, others will be coming by and speaking on the confirmation, although we do not officially begin until 10:45. Before doing that, I want to mention that tomorrow I will have the opportunity to testify before the Senate Commerce Committee. I was invited by Chairman Stevens to speak on the long-term public health needs of the victims following the December 26 tsunami. Early in January, Senator Mary Landrieu and I had the opportunity fairly early on in the recovery period to go to Sri Lanka where the observations were stark in many ways but in many ways inspiring, as we flew over the coastline in Sri Lanka and witnessed the unending devastation. We also saw on the ground the great outpouring of support, caring, and compassion, the best of humanity internationally but very specifically by Americans on the ground. We all know from the tsunami we have the 5 million people who lost their homes and 150,000 people who lost their lives. The scars will be there for a long period of time. Senator Stevens will have a hearing tomorrow to look at some appropriate initial responses in terms of prevention of that sort of catastrophe in the future. Tomorrow, I will be talking about a broad picture looking at public health issues such as cleaning of water and sanitation, and the role curing disease and public health can play as an expression of compassion and caring but also as a wonderful currency of peace in its manifestation. I will also be introducing legislation shortly addressing this whole challenge of water and the global issues surrounding water, the fact that 1.2 billion people in the world today do not have a clean glass of water. Unfortunately, these waterborne illnesses are the No. 1 killer of children in the world today because 1.2 billion people do not have access to that water. We will be introducing legislation to address the global water supply, quality and quantity, that will address some of the basic issues, humanitarian in part but public health in large part as well. We can do a lot through our foreign assistance, where we have misdirected our foreign assistance or we have not even focused on water, which I believe it deserves. I will also mention the importance of having a global health corps that can respond to disaster in a way that we saw so many wonderful volunteers coming from around the world to respond to this tsunami. In the aftermath of a terrible tragedy such as this, medicine heals not only the body but also the hearts and minds. As the tsunami tragedy underscores so powerfully, medicine can act as a currency of peace.

Mr. FRIST

Mr. FRIST. Mr. President, today we are in a period for morning business with Senators permitted to speak and introduce legislation. We are hoping to confirm the nomination of Samuel Bodman to be Secretary of Energy. We expect that nomination to require little or no debate and a rollcall vote is not anticipated. Therefore, we do not expect any rollcall votes today. In addition to the Bodman nomination, this week we expect to consider the nomination of Alberto Gonzales to be Attorney General of the United States. I have been discussing with the Democratic leader the prospects for an agreement for debate and a vote on the Gonzales nomination. I understand Members wish to talk on that nomination, but at some point I hope we can reach an agreement as to a reasonable period for debate and a time certain to vote. I will continue to discuss this matter with the Democratic leader, and I hope to lock in a consent agreement at the earliest time. We have talked about it this morning and we will be talking about it over the course of the day and tomorrow. The Homeland Security Secretary designate, Mr. Chertoff, is also expected to be reported by committee later this week. Following that, as soon as possible we would like to consider this nomination as well. As a reminder to our colleagues, the President will deliver the State of the Union Address on Wednesday evening. Senators are asked to begin gathering in the Senate Chamber at 8:30 on Wednesday so we can proceed promptly at 8:40 to the Hall of the House of Representatives for the 9 p.m. address. I do want to thank everyone for their attention and will have further updates on the schedule at the close today.

Mr. FRIST

Mr. FRIST. Mr. President, very briefly I will comment on what has been a very historic occasion in Iraq, something that has been symbolized on television and by pictures so vividly by the image of that blue ink-stained index finger which is being held up in triumph. Two days ago, people did not even think of that image and today it symbolizes freedom and liberty, those basic elements of democracy that we all cherish. Yesterday, the Iraqi people, 8 million strong, went to the polls to participate in the first free Iraqi election in decades. We were in Iraq 3 weeks ago, and before we went to Iraq even at that time people were saying there is no way these elections are going to be successful, nobody is going to show up for these elections, and to jump 3 weeks ahead to today and yesterday and to see those ink-stained fingers in the air and the fact that approximately 8 million voted is truly spectacular. I think all of us should feel real pride for the courageous men and women who risked their lives for freedom. Those pictures on the news really captured it. The people who voted came by foot, bus, van. They were old and they were young. They were men and women. It was all in defiance of the intimidation by terrorists, thugs, and assassins. In spite of the critics and the doubters, millions of Iraqis stood in line and cast their vote. As they came out, we saw those pictures of those ink-stained index fingers, the symbol of the power that is captured in that vote of freedom and democracy. The Iraqi people yesterday showed their bravery, their boldness, their courage, and their heart. They showed the world that Iraqis, like all people, do yearn to be free. Baghdad's mayor was so overcome with emotion that he told one news agency: I cannot describe what I am seeing. It is incredible. This is a vote for the future, for the children, for the rule of law, for humanity, for love. This morning, and over the course of yesterday, I received numerous e-mails, letters, and written communication. The following letter from an Iraqi voter describing his elation at participating in this historic moment for his country really captures the essence of what the elections were all about. He writes: Allow me on this historical opportunity to tell you how happy I am, and all those who I know. It is a great victory for Iraq, the United States and all freedom-loving people in the world. This is the event that children of future generations will read about in history books with great pride and appreciation to all who made it happen. Today a new Iraq was born. This is the first seed of true democracy and freedom in our country and indeed the whole Arab world. Thanks to all who participated in, contributed to, protected and supported this historical event. I also will want to applaud President Bush and the American people for their steadfast commitment, support, and encouragement of freedom in Iraq. Peace has not come and is not coming easily. We have suffered tough days and we all know there will be tough days ahead. We know the terrorists are committed to their violent campaign, but they will not succeed. As we saw yesterday, Iraq is moving forward with the heartfelt support of free peoples all around the world. One of the people who will be instrumental in helping Iraq secure its freedom is our new Secretary of State, Dr. Condoleezza Rice. Last week, this Senate voted overwhelmingly to support her confirmation, and that was a proud and, indeed, historic moment. We are all fortunate to have a leader of her talent and intellect helping Iraq take each momentous step toward democracy. It was a meaningful and productive week, as I look over the last several days. The Senate also confirmed former RNC Chairman Jim Nicholson to lead the Department of Veterans Affairs, and Michael Leavitt to lead Health and Human Services. Both are talented, gifted, and highly qualified men, and I know we all look forward to working with them. Great tasks indeed are before us. We have much to accomplish, including, as I mentioned earlier, the confirmation of Judge Alberto Gonzales. As we think about the week ahead on this Monday, it is appropriate to pause and take note of yesterday's historic achievement for the Iraqi people and for the cause of democracy. As the President said in his inaugural address: The survival of liberty in our land increasingly depends on the success of liberty in other lands. The best hope for peace in our world is the expansion of freedom in all the world. Yesterday, we did come one step closer to realizing this great vision. Yesterday in Iraq we saw that liberty can light even the darkest corners and inspire great acts of bravery. We saw the proof of our deepest held principle: That all people do aspire to be free.

Mr. FRIST

Mr. FRIST. I thank the Chair.

Mr. FRIST. Mr. President, we have just had a historic vote in the Senate. By an overwhelming bipartisan majority, 85 to 13, the Senate has voted to confirm Dr. Condoleezza Rice, the first African-American woman to become Secretary of State. It is a proud moment for the Senate and for the American people. For the information of our colleagues, under our previous agreement we will proceed with Secretary-designate Nicholson. We have a short time agreement. Then we will have a voice vote, followed by Secretary- designate Leavitt. Then, shortly after that, I am hopeful we can proceed with Secretary-designate Bodman. There have been no requests for rollcall votes on any of those three. If that is the case, we would not expect to have rollcall votes later today.

Mr. FRIST. Mr. President, in 2 or 3 minutes, we will have a historic vote in the Senate Chamber. We are about to confirm Dr. Condoleezza Rice, the first African-American woman to become Secretary of State. It is a proud moment for this Senate and indeed for the American people. Dr. Rice has served her country with distinction and she has served her country with honor. She has been a steady and a trusted confidant to two Presidents, and as Secretary of State she will apply her long experience and extraordinary skill to meet the greatest challenges of our time--fighting the war on terror and advancing democracy around the globe. Dr. Rice possesses this rare combination of management and administrative experience, policy expertise, academic scholarship and, not least important, personal integrity and character. Yes, I am disappointed that Dr. Rice's nomination was caught up in partisan politics. While I recognize my colleagues' right to debate the President's nominees, Dr. Rice's obvious qualifications have never, ever been in doubt. Nor was it ever in doubt that a large bipartisan majority would vote to confirm her, which we will see in a few moments. Partisanship has its time and place, but we are at this point in time a nation at war. We need the strength of all of our resources to fight and win. I am disappointed that others on the other side of the aisle have taken this moment to wage a partisan campaign. But it is time for all of us to move on, and we indeed will move forward with this vote. I look forward to working with Dr. Rice to meet those challenges ahead and I congratulate her on a historic achievement. Mr. President, I ask for the yeas and nays.

Mr. FRIST

Mr. FRIST. Mr. President, I have a few remarks to make on the Iraq elections. I will proceed in sharing a few experiences that I had recently, but really focus on what will occur on Sunday, January 30, and that is that millions of Iraqis will, for the first time in decades, vote in free elections. I truthfully believe we will see the power of elections speak loudly this Sunday. It is going to be with a lot of courage and a lot of determination that those who vote will travel to over 5,000 polling stations across the country. They will be casting their ballot for 275 national assembly positions that will, in turn, draft a new constitution. It is a historic event for the people of Iraq. It is, in the words of historian Fouad Ajami, ``a breakthrough in the terrible history of this tormented land.'' Doomsayers and pessimists point to the terrorist attacks on the Iraqi citizenry as proof that Iraqis are not ready for self-governance. They say: Postpone the elections. They say: Iraqis have no history of liberty. In other words, withhold freedom from the innocent and hand victory to the guilty. Blame the victim, reward the criminal. It is a cruel logic and one that, thankfully, the Iraqis have flat out rejected. Indeed, numerous candidates all over the country have entered the elections despite the insurgents' and the terrorists' threats and attempts at intimidation. Iraqi voter turnout on Sunday will be higher than in many Western democracies. Listen to the words of Iraqis themselves. Baghdad resident Ali Danif tells an American paper: Going to the polling stations is a victory for the Iraqi people. Says his friend Kadhim Hassan: Without elections, there will be tyranny. It's time for us to come into the light. On January 30, Iraqis will take those first momentous steps. No one presumes the elections will be perfect, including the Iraqi people themselves. The terrorists will continue their attempts to derail the process between now and then. Unfortunately, the attacks, I believe, are likely to increase during this period and quite possibly for some time afterward. But the American people will stand with the Iraqi people for democracy and for freedom. I was in Iraq 2 weeks ago with a Senate delegation, and based on our experiences in talking with the Iraqi people, in talking with the leadership, and attending a town meeting, I can say with confidence that despite the insurgents' bombs and threats, democracy is on the way. During our time in Iraq, my Senate colleagues and I were in a meeting with Prime Minister Allawi. In the middle of that meeting, he asked if we would be willing to go around the block or a few hundred yards away at a townhall meeting that he was conducting. We said yes. It was spontaneous, and we did not know what to expect. We went with him in the middle of our meeting, and it was a meeting he had been holding over the course of the day. We walked into a room about the size of this Chamber, and it was packed. It was packed with more than 150 Sunni sheiks who were from the Sunni triangle area, the area where most of the terrorist activity has been occurring. We walked into the room, and it was embroiled in activity. It was embroiled in debate. People were scrambling. Sheiks were scrambling for the microphone so they could express themselves. There was controversy, disagreement. It was orderly in the sense that one person talked at a time. This was really democracy at its best. It was spontaneous, not planned by us. The Prime Minister, in meeting with the sheiks, spent most of the day listening very patiently. The presentations were passionate, and for me it captured the real contrast on that day when we saw free speech and full expression. Some were saying postpone the elections; others we saying, no, don't postpone the elections. This is the first step toward democracy. Others said America has done things perfectly, knowing we were in the room, and others said we should have done this or done that. The point is, everybody was expressing themselves, and the Prime Minister was sitting before them listening patiently, taking the opportunity to comment. It was a striking contrast to the decades under Saddam where disagreement could lead, and frequently did lead, to torture and, in many cases, as we know, ultimately death. So progress is being made. The will of the Iraqi people is, for the first time in decades, being heard. These elections will give an element of legitimacy of expression of the Iraqi people that heretofore has not been there to the degree that it should be and that it will be in the future. It is through the ballot box, the power of that ballot box that the Iraqis will begin this journey. I need to comment again very briefly on a Tennessee angle to these elections because the Tennessee population of Iraqis is quite high and, therefore, Nashville, TN, has been chosen as one of the polling sites so that Iraqis, mainly a Kurdish community that has come to the United States, can express themselves in this election. It was in 1977 that a professor named Franklin Jones agreed to sponsor the first Kurdish family in Nashville, almost 30 years ago. Now Nashville boasts the largest Kurdish community in the United States of America. Referred to by some as ``Little Kurdistan,'' there are 5,000 to 8,000 Kurdish families living in Nashville, and on Sunday, 3,700 Iraqi Americans living in the Nashville region will go out to our Tennessee State fairgrounds where they will cast their vote. It is an out-of-country voting site that has been established. They will be participating in creating this new and free Iraqi government. The story of Nashville's Kurdish community is a special one. After that first Kurdish family arrived in 1977, more and more Kurds came to Nashville. A number of our community and church organizations focused on the Kurds' plight and helped refugees adjust, settle in, and be assimilated into our wonderful city, Nashville. During the 1980s, a small Kurdish community began to develop. You ask why. A lot of it is serendipity, but one of the answers you get is the climate in Nashville reminded them of the climate back home. In 1991, during Desert Storm, a large contingent of Kurds fled to the United States, and many of them joined their brethren in Tennessee. Job opportunities were high, cost of living was low, and Nashville's unparalleled hospitality welcomed them and made them feel safe. On Sunday, when millions of Iraqis go to the polls to vote for the first time in Iraq, they will be joined by their compatriots in Nashville. And among them, as an aside, will be Samir, the Iraqi- American translator who found Saddam Hussein down in his spider hole. I am proud that early on the people of Tennessee welcomed Iraqis into their homes, into their communities, and gave them shelter and hope. I am honored the city of Nashville and the State of Tennessee will provide Iraqis across the region with the opportunity to express themselves on January 30. It is a historic day for them and a historic day for the coalition that has invested so much in the Iraqi people, and a historic day for democracy. We will see young men and women going to the polls expressing themselves. People have been waiting a long time for this day. In closing, we were all abuzz last week with the activities surrounding the 55th inaugural. It was a wonderful event for those of us who participated here in the Capitol and for those who watched it across America--the glowing lights, the banners. To have that peaceful transfer of the election process be realized is clearly remarkable for us all. But at its core, the inauguration was not for a party and not for a particular person. It was a celebration of the blessing of democracy and the freedoms we enjoy, freedoms I am confident one day will be ever much as common in Iraq as it is in the United States. Mr. President, I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, this morning, following our leader remarks, we will have an abbreviated period for morning business until 10:30 a.m. At 10:30, we will begin the final hour of debate on the nomination of Condoleezza Rice to be Secretary of State. Therefore, the vote on that nomination will occur at 11:30 this morning. Following that vote, the Senate will consider the nomination of Jim Nicholson to be Secretary of Veterans Affairs. That will take 30 minutes or less, as provided by the order, and we do not anticipate a rollcall vote on that nomination. Following that nomination, the Senate will consider the nomination of Michael Leavitt to be Secretary of Health and Human Services. The order from last night allows for up to 2 hours of debate. Again, I am not sure, but I do not think all of that debate time will be necessary. In any event, we do not have a request for a rollcall vote in relation to the Leavitt nomination as well. Other nominations are expected to be reported today, including the Bodman nomination to be Secretary of Energy. We will try, of course, to expedite the consideration of this Cabinet-level appointment for today as well. Again, as a reminder, the first rollcall vote will occur at 11:30 a.m. today.

Mr. FRIST

Mr. FRIST. Mr. President, over the course of today, we will be considering the nomination of Condoleezza Rice to be Secretary of State. I want to be the first on this floor and on this day to honor Condoleezza Rice with our expression of strong support. She is an outstanding choice, and the American people are fortunate to have a public servant of her talent and her intellect. During her tenure as National Security Adviser, Dr. Rice has been a steady and trusted adviser, a confidante of the President of the United States. In a role of crafting policy and helping guide decisionmaking, she has demonstrated extraordinary skill. But this should come as no surprise. Dr. Rice is a woman of remarkable accomplishments. Throughout her life, she has applied her razor-sharp mind and her steely determination to reach the highest peaks of achievement. And it started early. Dr. Rice was born in Birmingham in 1954. By the age of 3, she was already a piano prodigy, playing hymnals for her family. By age 5, she was playing right alongside her mother on the church organ bench. At 19, Condoleezza Rice earned her bachelor degree in political science cum laude, Phi Beta Kappa from the University of Denver, and just a year later her master's from Notre Dame. At the young age of 26, having earned her Ph.D., Dr. Rice became an assistant professor at Stanford University. A decade later, Dr. Rice was elevated to the post of provost, which at Stanford and most universities is the equivalent of the chief operating officer of the university. From 1989 to 1991, Dr. Rice served the first Bush administration as Director and then as Senior Director of Soviet and East European Affairs at the National Security Council. During this time, Dr. Rice brought her considerable expertise in Eastern European affairs to the administration's handling of the collapse of the Berlin Wall, Germany's reunification, and the transition of the Soviet Union to the Russian Federation. This, combined with her years of foreign policy experience, particularly in the post-9/11 context, makes her distinctly qualified to lead the Department of State. We are a nation at war. As Secretary of State, Dr. Rice will be a key player in winning this war. She will have the responsibility of advancing democracy and freedom across the globe, not only to protect us from attack but to fulfill America's unique moral purpose. Outlaw regimes must be confronted. Dangerous weapons of proliferation must be stopped. Terrorist organizations must be destroyed. Dr. Rice has both the ability and the experience, from fighting the Cold War through fighting this war on terror, to meet these daunting challenges. Dr. Rice possesses a rare combination of management and administrative experience, of public policy expertise, of high academic achievement and, not least importantly, a graciousness that will serve America's interests well in these difficult and challenging times. America needs a leader of her caliber. Dr. Rice has said that while growing up, her dad John and her mother Angelena taught her that in a country where racial segregation and Jim Crow were an ugly fact of life, she had to be twice as good to get ahead. I think it is fair to say she has surpassed this high charge. Dr. Rice is an author, a classically trained pianist, an ice skater, and tennis player. She speaks Russian fluently and is an avid fan of football. In fact, we are grateful she has set aside at least for the moment her ambition to become commissioner of the National Football League. A woman of deep faith in God, liberty, and freedom, Condoleezza Rice will protect and serve our national interests. I should also note Dr. Rice would be the first African-American woman to serve as Secretary of State. I urge the Senate to give Dr. Rice their strong support. I hope and expect to see her confirmed swiftly so she can begin addressing the urgent threats and challenges that face our Nation. I yield the floor.

Mr. FRIST

Mr. FRIST. I expect that tomorrow morning we would begin that final debate on the Rice nomination immediately upon convening. I will be talking with the Democratic leadership, but I would like to convene and go straight to that debate. I would also add that the Nicholson nomination for Secretary of Veterans Affairs was reported yesterday. We will be asking for a short time agreement on that nomination. As I mentioned yesterday, as the nominations do come from committee, we do want to consider them as soon as possible on the floor of the Senate. Lastly, I remind my colleagues there will be additional nominations this week, and although this week will be a shorter week--we will be in session today and tomorrow--we will be seeking agreements over the course of this afternoon and tomorrow to proceed on these other nominations. Mr. President I have a brief opening statement, but I would like to turn to the assistant Democratic leader.

Mr. FRIST. Mr. President, this morning we will have a 60-minute period for morning business to allow Senators to make statements. Following that 1-hour period, the Senate will proceed to executive session for the consideration of the nomination of Condoleezza Rice to be Secretary of State. Chairman Lugar will be here to manage the debate time on our side of the aisle. The order does provide for up to 9 hours of debate during today's session. I am not sure if all of that debate time will be necessary, but we do want to give every Senator the opportunity to speak if they so wish. We will remain in session until that debate is used or yielded back over the course of the afternoon or into the evening. Tomorrow morning, for the information of our colleagues, the consent agreement allows for 40 minutes of closing remarks, and I now ask unanimous consent that the time, 60 minutes, be equally divided prior to the vote on the nomination. Mr. President, I now ask unanimous consent for that 60 minutes at this juncture.

Mr. FRIST

Mr. FRIST. Mr. President, when Soviet troops reached Auschwitz in January 1945, they found only a few thousand thin, frail, emaciated survivors. SS soldiers, determined to carry out the final solution, had forced most of the surviving prisoners on a long death march into the heart of the Reich. As they retreated, the German forces destroyed most of the warehouses and many of the documents at Auschwitz. But what they left stunned even the battle-hardened Soviet troops. One soldier describes the camp's inmates as ``skin and bones [who] could hardly stand on their feet.'' Soviet troops discovered hundreds of men's suits, more than 800,000 women's outfits, and more than 14,000 pounds of human hair. One survivor recalls: What was Auschwitz? It was hell. Hell. A death factory. If you weren't gassed, you were exhausted to death. If you weren't exhausted to death, you starved. If you didn't starve, you died of disease. It was at Auschwitz that Joseph Mengele performed his horrific experiments, injecting the hearts of live children with chloroform and performing all sorts of bizarre and vile surgeries on twins and pregnant women. It was at Auschwitz that the Nazi killing machine first discovered and perfected the use of Zyklon-B to gas their innocent captives by the hundreds every day. It was at Auschwitz that doomed prisoners, trapped inside the gas chambers with only a few choking minutes left to live, found the strength to scratch into the walls the words: Never forget. This week, on January 27, the world will commemorate the 60th anniversary of the liberation of Auschwitz and the 1.5 million victims, most of them Jewish, who perished in the death machine's fires. Vice President Dick Cheney is leading an American delegation to stand alongside the 2,000 survivors, as well as surviving Red Army soldiers. He will be joined by Lynne, his wife, numerous world leaders, and by the Nobel Peace Prize Laureate Elie Wiesel. It will be a time for reflection, a time for remembrance but also for determination--determination that mankind will never again stand by as innocents perish in the monstrous designs of tyrants and despots. It will be a time to recommit ourselves to the battle against intolerance, against fanaticism and hatred, all of which can so easily poison the hearts of the most seemingly civilized men and women. As Kofi Annan declared yesterday during the United Nations General Assembly first ever recognition of the Holocaust: The evil that destroyed 6 million Jews and others in those camps is one that still threatens all of us today. Indeed, if you think of areas around the world, you think of the Darfur region today in western Sudan. To the innocents who perished, to those who survived and to the victims of genocide who now cry out, America's leaders hear your plea. We will never forget, and we will not stand by. Auschwitz taught us that the war against tyranny is more than a war of territory, more than a war of geographic boundaries. It is a war against evil itself. As Justice Robert Jackson solemnly inveighed to the world at the start of the Nuremberg trials: The wrongs which we seek to condemn and punish have been so calculated, so malignant, so devastating that civilization cannot tolerate their being ignored, because it cannot survive their being repeated.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:45 a.m. on Tuesday, January 25. 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 there then be a period of morning business for up to 60 minutes with the first half of the time under the control of the majority leader or his designee and the remaining time under the control of the Democratic leader or his designee; provided that following morning business, the Senate proceed to executive session as provided under the previous order. I further ask consent that the Senate recess tomorrow from 12:30 p.m. until 2:15 for the weekly party lunches.

Mr. FRIST

Mr. FRIST. Tomorrow, following morning business, the Senate will begin debate on the nomination of Condoleeza Rice to be Secretary of State. Under the order, there will be up to 9 hours of debate on the nomination during tomorrow's session with a short period of additional debate on Wednesday, prior to a vote on confirmation. In addition, the nomination of Jim Nicholson to be Secretary of Veterans Affairs was reported today. The Senate may act on that nomination and any other nomination that is available during the remainder of this week. We are working across the aisle together, at the committee level and the floor level, to consider these nominations just as soon as they are made available.

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 adjournment under the previous order, as a further mark of respect for Howard S. Liebengood.