Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I would like to take a few minutes to expand on what I discussed at the outset of this session, now about 3 hours ago. I would like to focus not just on what we must do as individual Senators, but also on what this Senate can do and can achieve together, as a body. With the President and the House as partners, we can deliver meaningful solutions to the real problems that confront our Nation. We can secure freedom and safety and a healthier future for generations of Americans to come. We made much progress toward these goals in the last Congress and we did so in a very narrowly divided Senate. Even with the rough and tumble of election year politics, we found ways to work together for the common good of our country. We can, we must, and I believe we will achieve at least the same and hopefully even greater success in the Senate. No doubt it will be a challenge. The makeup of this Senate is unique. The margins between the majority and the minority may be wider, but the margins at the ends of the ideological spectrum are wider still. We also have our own prerogatives as equals, as individual Senators, as members of our respective caucuses. And we have principles, principles to which I hope each and every one of us will hold tight during the next 2 years and throughout our careers in public service. But we also have an obligation to this body and to the people and to the Nation we serve to conduct that business with civility and with foresight and a sharp focus on those meaningful solutions. The agenda before us is simply too ambitious, too urgent, and too important to the future of our country and the world to do otherwise. Every Member of this body can take pride in the accomplishments of the last Congress, the 108th Congress. We took on big issues. We took on huge challenges. And our actions translated into solutions. Together we proudly moved America forward. For years Congress talked about providing seniors with relief from the skyrocketing cost of prescription drugs through Medicare. Finally, in 2003, Congress took action and passed the first substantial improvement to Medicare since the program was created 40 years ago. Today, more than 6 million seniors have prescription drug discount cards that are saving them 10 percent to 25 percent on their medicines; tens of thousands more are signing up every week; and within 12 months every senior on Medicare will have affordable access to a comprehensive prescription drug benefit. Challenge; action; solutions. Before President Bush took office, our economy was tilting toward recession. Then the Internet bubble burst, corporate scandals rattled investor confidence, and terrorist attacks devastated our economy. We took action. We cut taxes for every American who pays taxes and we reduced taxes on businesses, helping them invest and expand and be more competitive in the global economy. Since August 2003, our businesses have created over 2.4 million jobs, we reduced the unemployment rate from a peak of 6.3 percent last June to 5.4 percent today, and aftertax income is up by more than 10 percent since 2000. Challenge; action; solutions. On September 11, 2001, the United States was ruthlessly and brutally attacked by terrorists. More than 3,000 innocent men, women, and children were murdered. America and indeed the world changed forever. I am proud of the support this body has given to our Commander in Chief and the brave men and women who risk their lives every day to defend our country. We provided $87 billion to help our military buy equipment and support operations in Afghanistan and Iraq. To date, our forces have killed or captured three quarters of al Qaida's leadership. They have toppled two terrorist regimes, and in the process they have liberated 50 million people and put them on the path to self- government. The Senate also adopted the most sweeping overhaul of our intelligence system since the creation of the CIA itself. This will bolster and better organize our intelligence efforts to win the war on terror and face those new security threats of the 21st century. Again: Challenge; action; solutions. These are just several of the achievements of the last Congress. But the pattern that has been set is clear. America faced urgent challenges. We acted with solutions, and with the heart and drive and genius of our people we moved America forward. Earlier today we witnessed 34 Members take that oath of office of a U.S. Senator. It is a wonderful tradition that dates back to that first Congress in 1789. The oath at that time was a simple 14-word phrase: I do solemnly affirm that I will support the Constitution of the United States. Those same 14 words form the vital core of today's oath, the oath that 34 Senators took now 3 hours ago. They bind us and all who have served in this body before us, many of whom joined us today, to a common, a timeless, and a paramount cause. Our first responsibility above all else is to do our constitutional duty. Nothing should come before it. Nothing should stand between it-- not party, not ideology, and certainly not politics. Yet, in the last Congress I believe the Senate failed to perform an essential constitutional duty. It failed to offer advice and consent to the President by filibustering ten judicial nominees and threatening to filibuster another six. These filibusters were unprecedented. Never in the history of the Senate has a minority filibustered a judicial nominee who had clear majority support. This was an abrupt and an unfortunate break in more than 200 years of Senate tradition, of Senate history. This tradition must be restored, not merely because we honor the traditions of the Senate, but because this tradition reflects the proper role for this body, the Senate, as designed by our Framers in the constitutional arrangement. Next month we will have the opportunity to restore Senate tradition. I will bring one of the President's very capable, qualified, and experienced judicial nominees to the floor. We can debate that nomination. We can vote to support it or to oppose it. And we must offer the President advice and consent by giving this and future judicial nominees who are brought to the floor up-or-down votes. Some, I know, have suggested that the filibusters of the last Congress are reason enough to offer a procedural change today, right here and right now, but at this moment I do not choose that path. Democratic colleagues have new leadership. And in the spirit of bipartisanship, I want to extend my hand across the aisle. I have a sincere hope that we can move forward past difficulties-- beyond the past difficulties we saw in the last Congress--and look forward to a future of cooperation. I seek cooperation, not confrontation. Cooperation does not require support for the nominees. Cooperation simply means voting judicial nominees brought to the floor up or down. So let me say this: If my Democratic colleagues exercise self- restraint and do not filibuster judicial nominees, Senate traditions will be restored. It will then be unnecessary to change Senate procedures. Self-restraint on the use of the filibuster for nominations--the very same self-restraint that Senate minorities exercised for more than two centuries--will alleviate the need for any action. But if my Democratic colleagues continue to filibuster judicial nominees, the Senate will face this choice: Fail to do its constitutional duty or reform itself and restore its traditions, and do what the Framers intended. Right now, we cannot be certain judicial filibusters will cease. So I reserve the right to propose changes to Senate rule XXII, and do not acquiesce to carrying over all the rules from the last Congress. As a public servant who has twice taken an oath to support and defend the Constitution, I cannot stand idly by, nor should any of us, if the Senate fails to do its constitutional duty. We, as Senators, have our constitutional duty to offer the President advice and consent. Although our constitutional duties are paramount, we also have a legislative responsibility to the people we serve and to the Nation. This is our opportunity to take on the challenges that each of us sought public office to pursue. After all, we are here not just to occupy our offices but to lead, to be bold, to take action, and to get things done. First, there is work left undone from the last Congress, and we need to act on it. America is long overdue for an energy policy. We need a plan in place to reduce our dependence on foreign oil and bolster conservation efforts. Last Congress, the Senate passed an energy bill that would have done just that. I am hopeful we will be able to do the same this year and work with House leaders and the President to finish the job. We also need to eliminate frivolous lawsuits by reforming asbestos liability, medical liability, and our class action system. Frivolous lawsuits cost our economy more than $250 billion per year. That is more than 2 percent of our gross domestic product--the equivalent of over $800 on every American. To keep our economy growing and competitive, we need to act now. I will bring class action reform to the floor early next month. I am confident we will pass this bill and take a big first step to restoring sanity and fairness to our legal system. Second, in the last Congress, we led on the most urgent issues facing America. And we still need to keep our focus on issues such as protecting our homeland from biological threats. But we must also lead today on tomorrow's challenges. We need to look to the horizon and ask ourselves: What will be the cost in the future if we fail to act now? The President has put Social Security reform among his top priorities for his second term. He has laid out wise and essential principles: protecting the benefits of today's seniors, not raising payroll taxes, and giving younger Americans the opportunity to save, own, and invest a portion of their own Social Security dollars. But in the end, the details on how to accomplish Social Security reform will fall to Congress. This will require a tremendous amount of work, especially from our skilled committee chairmen. It will also require us to work together across the aisle--both parties in both Houses. If we do so, I believe we will be able to achieve the goal of putting a bill that addresses the short-term and long-term gaps in Social Security on the President's desk. As we consider Social Security reform, we cannot turn a blind eye to other entitlements. Gathering on the horizon is a Medicare perfect storm: skyrocketing health care costs that are affecting every family and an increasing number of seniors--a doubling in the number of seniors--over the next 30 years, and fewer and fewer workers paying into the program. Keeping the promise of Medicare to seniors will place an untenable burden on younger Americans and their children and their grandchildren. In fact, the total unfunded liability in the Medicare Program far exceeds Social Security's unfunded liability. We have a moral responsibility to begin to have a conversation about the long-term challenges facing Medicare. In the short term, we can work to reduce health care costs in general. The fact is, our health care system--it is not even really a system. Our health care sector is fantastically inefficient. We can make it much more productive. Just think about it for a minute. We can access our bank accounts from nearly anywhere in the world with our ATM cards, but we can't transfer our CAT scan results digitally from one hospital to another hospital across the street for a second opinion. We can pay bills on line, we can order groceries on line, and we can even apply for a mortgage on line--all in a matter of minutes. But if we happen to be in a car accident, if we are knocked unconscious with our lives at stake, paramedics and emergency room doctors cannot quickly check for blood type or allergies to our medicines. It doesn't make sense. We can fix it by encouraging the use of information technology. By reforming our broken medical liability system, by expanding portable tax-free accounts, among other things, we can begin to hold that line on health care costs and improve our system. I am pleased the President is firmly committed to working with Congress to make health care more affordable and accessible. He is also committed, as I am, to protecting the values that serve as the foundation of a healthy society: Marriage, family, and a culture of life that protects human dignity at every stage of development. Finally, we need to elevate global issues of moral consequence. This is becoming increasingly apparent in the past week. During the last 9 days, we have all been deeply saddened by the unfolding tragedy in Southern Asia. Estimates now put the death toll at more than 150,000, more than a third of which are children. And the statistics don't capture the sorrow, the sadness, that sense of loss, the psychological impact that will leave longstanding scars. When we resume our business later this month and the President requests our assistance, we will set aside what we are working on to provide funding quickly and cleanly. Later tonight I will be leaving with several of our colleagues to travel to the devastated areas. We will report back about what America can do to aid relief and recovery efforts. America is the most generous Nation in the world. We will step up with all the resources, all the compassion, all the hope that we can muster in these next few weeks and beyond. We have done so as a nation. We have done so as a people many times before. Last Congress we stepped up in the fight against global HIV/AIDS. We stepped up with an unprecedented $15 billion commitment. We will keep that commitment strong. We need to work hard to bring peace, stability, and humanitarian support to war-torn nations such as Sudan. Americans are a compassionate people. We, as Senators, can help capture that and channel it for the good of the world. It is our responsibility. We will do just that. In his most recent news conference, President Bush said this about his second-term agenda: All of these goals require the energy and dedication of members of both political parties. Working in a spirit of bipartisanship, we will build the foundation of a stronger, more prosperous country. The President is exactly right. The challenges before this Congress are so vital to the future of our country. We must work together to address them. Through our history, America has been served best by leaders who treat each other and their offices with respect and civility and decency. I think of George Washington who, at the age of just 16, copied out by hand a list of 110 Rules of Civility and Decent Behavior in Company and Conversation. This act shaped the early character of Washington and in turn the indelible character of our Nation. In recent history, Ronald Reagan and Tip O'Neill come to mind. Although they stood on opposite sides of the ideological spectrum, they enjoyed a wonderful relationship, a fruitful friendship. On the Speaker's 70th birthday, President Reagan invited him to the White House for a celebratory lunch. At the end of the meal, the President raised a glass of champagne and toasted the Speaker: Tip, if I had a ticket to heaven and you didn't have one, too, I'd sell mine and go to hell with you. Many have enjoyed friendships just like that in the Senate. I know I do, and so do many of our spouses. The Senate, as I have often said and referred to in my remarks earlier today, is a family. The sense of family does not come across on the television screen and certainly doesn't come across in the newspapers. What the American people too often see and what I don't believe they like is an extreme partisanship, a partisan bickering and a lack of cooperation. Some of that is just the nature of the news. Conflict, as we all know, sells advertising and catches people's attention, but it is also the nature of Washington today with all of the competing special interests. There is still something else at work. Somehow, we have become more defined by the forces that divide us than the common cause that unites us. The civility that once was the hallmark of this body has eroded over time. I recognize, we all recognize, it will take time to regain it. But we must begin. We must begin now and we will begin. I applaud the orientation for new Members that Senators Carper and Alexander and others helped organize just this November. Our nine newly elected Senators worked with veterans of this body to learn, as my colleague from Tennessee said, what it takes for the Senate to function as an institution and fulfill its constitutional role. We need more efforts just like this, such as in Senate policy forums, bipartisan leadership meetings, all of which would be a good start. These are issues I have discussed with the Democratic leader. I ask our colleagues to come to Senator Reid and me with other suggestions they may have over the next several weeks. Leaders on both sides of the aisle need to set an example, but the whole body needs to share in this effort. We all need to commit to restoring civility in the Senate. If we do, with time, I believe, the Senate again can become what it was in the so-called golden age, what the great statesman and Senator, Daniel Webster, called in his last major address: . . . A body not yet moved from its propriety, not lost to a just sense of its own dignity and own responsibilities, and a body to which the country looks, with confidence, for wise, moderate, patriotic and healing counsels. I close by expressing a concept that is by no means new but is essential to our deliberations and, in the end, to the future for America. It is the concept that this body, the Senate, act as one. During my decade of service in this body, I have seen extraordinary acts of courage. I have seen men and women endure overwhelming currents of political pressure. Sometimes they have done this standing alone and independent; sometimes they have crossed the aisle and cast a deciding vote with the opposing party. Every time, however, it has been for one simple reason: to do what their hearts told them was right for the people they represent and for the Nation. Where leaders perform such acts of courage, they subjugate their own political interests to the higher purpose of the whole. Although they may pay a political price, they are rewarded with honor and with pride and with respect. In the end, those rewards are priceless. Those rewards last--not only in the hearts of public servants but in the hearts of the people they represent. The Senate's longest serving majority leader, the late Mike Mansfield, said of this body: In the end, it is not the Senators as individuals who are a fundamental importance. In the end, it is the institution of this Senate. It is the Senate itself as one of the foundations of the Constitution. It is the Senate as one of the rocks of the Republic. Let us do the duty of U.S. Senators, our constitutional duty and our duty to our people and our Nation. Let us do so with respect and civility and decency for this body and for each other. As we do, let us secure for every American a freer, safer, and healthier future. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, on Thursday morning the Senate will be in morning business, and at 12:50 p.m. the Senate will proceed as a body to the House of Representatives for a joint session for the counting of electoral votes. Members should gather in the Senate Chamber at 12:40 so that we may leave promptly at 12:50. During Thursday's session, we expect to act on the committee resolution. Members are wondering about rollcall votes for the week. At this point, it is unclear, but we will notify all Members if a rollcall vote is possible before we finish our business this week. Following close of business on Thursday, the Senate will adjourn until January 20. I inform my colleagues that when the Senate reconvenes January 20, we will immediately begin work on the President's nominations. I will simply close by saying that we have had a remarkable day today. Six hours ago we began the swearing in of 34 Senators. It is always a moving time to have family, friends, spouses, and constituents from so many different States coming to Washington, DC, to share in an occasion that we all remember--indelibly printed on our minds--when we put our right hand in the air and took that oath to this body and to that Constitution. It has been a remarkable day for people. It has been a great pleasure for us in leadership to be able to participate really on the periphery as we celebrate with each and every one of them for their great public service.

Mr. FRIST

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

Mr. FRIST. Mr. President, I ask unanimous consent that I be allowed to speak for as much time as I consume.

Mr. FRIST

Mr. FRIST. Mr. President, let me welcome everyone here and everyone watching at home to the Chamber of the U.S. Senate and to this historic first day of the 109th Congress. When the Senate family gathers, it is always a special occasion. But this is a day when the entire Senate family comes together and celebrates this unique institution that indeed binds us as one. So, for being here, I thank the distinguished Members of the Senate-- past, present, and near future--Senate friends and our beloved families, and our loyal and hardworking Senate staff. My colleagues, our roots as representatives of the people are not recent. They are ancient. They reach beyond the founding of our Republic, to our earliest days as colonies. The first legislative assembly in the New World gathered during the scorching summer months of 1619 on Jamestown Island, Virginia. Twenty-two burgesses, a governor and his council, a clerk, and a sergeant of arms met to propose and pass ``just laws for the happy guiding and governing of the people . . .'' If you visit Jamestown today, you can still see the stone foundation of the church where that first assembly conducted its business. It is on those rocks that this House in which we stand today was built. Over the course of nearly four centuries, the seeds of American democracy have swept across oceans and over mountains and through jungles and deserts, taking root in land barren of the supposed ``prerequisites'' for self- government. These seeds have grown into what President Reagan boldly called at the height of our war against Soviet totalitarianism ``a not-at-all-fragile flower.'' As U.S. Senators, we, with our colleagues in the House and our respected President, are the stewards of this ancient and yet still living and thriving tradition. And this, my friends, is no small burden to bear. The American people--and indeed the people of the world--look upon this Capitol and those of us who serve here for inspiration and leadership and unwavering devotion to our common cause. So what is expected of us over the course of the next 2 years? What is our duty as the 100 Members of the world's greatest deliberative body, the U.S. Senate? We all take the same oath to support and defend the same sacred document. So, first and foremost, we are obligated--as individuals, as equals and, above all, as a body--to discharge our Constitutional duties. We also have, as Senator Mike Mansfield once said, ``a primary responsibility to the people whom [we] represent to face the legislative issues of the nation.'' And I would add not just the issues of today, but the issues of tomorrow. This Senate must lead today on tomorrow's challenges. Lastly, we have what our longest serving Member, Robert C. Byrd, calls ``the duty beyond our duties.'' It is, as he so eloquently and accurately once stated: ``The duty to endeavor to inspire others and to demonstrate, through personal example, that public service of all types ought to be an honorable calling.'' Senator Byrd, I too believe public service is an honorable calling. And, my fellow Senators, you are all honorable men and women. It is a privilege both to serve with you and to serve you as majority leader. God bless you, our proceedings, the country we love, and the people we all aspire to faithfully represent.

Mr. FRIST

Mr. FRIST. Mr. President, these last 9 days have brought upon each of us, our fellow Americans, and, indeed, the entirety of the civilized world profound sadness and sympathy. We both as individuals and as a body will speak later today about the epic tragedy in Southern Asia that has taken upwards of 150,000 lives. But for now, I would like to begin our session by taking a moment of silence to show respect for those who lost their lives and our sincere hope that the loved ones left behind may heal.

Mr. FRIST

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

Mr. FRIST

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

Mr. FRIST

Mr. FRIST. Mr. President, I send a resolution to the desk.

Mr. FRIST

Mr. FRIST. If there is no further business to come before the Senate, I ask unanimous consent that the Senate adjourn sine die, under the provisions of H. Con. Res. 531.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that when the Senate completes its business today, it adjourn sine die under the provisions of H. Con. Res. 531.

Mr. FRIST. I can add very little to what has just been said. But as America has watched and as our colleagues have participated over the last, really, 6 hours, you have seen--not on the floor, but we have all worked together over the course of the day to bring to resolution another major bill before we close out this session. We came to a lameduck, now, several weeks ago. Lameduck sessions are notoriously not very productive. Both the Democratic leader, our leadership, their leadership on the other side of the aisle, again and again said these lameducks never produce very much, if you look at history. A lot of time is spent, although we clearly end up producing something. I think if you look at this lameduck session and the intervening time before coming back in this week, we can all be very proud of what has been accomplished in the series of bills, the bill we just discussed and the series of bills we passed over the course of the day, and the major intelligence reform bill that was passed. So we have had a very productive session of which we can all be proud. As the Democratic leader said, I very much look forward to working with him and having this leadership team meet with their leadership team as we move forward in accomplishing what America expects from us. When the 109th Congress convenes on January 4, we will immediately proceed to the presentation of certificates of election. Following the swearing in ceremonies and the live quorum, the Senate will consider the normal routine housekeeping matters of the 109th Congress beginning. Once again, I thank everyone who has contributed to our efforts during the past Congress. We always want to mention the pages who are here tonight at a little before 11. They have been here all day. We thank them for their dedication, for their hard work in making the cogs in this body function as well as they possibly could; the law enforcement, the police who, again, are standing right outside the doors with us, from early in the morning until late at night; the cloakroom staff; the clerks who are here before us; the many others who work to keep the institution running. We appreciate their service to this body. We are going to have a fresh start in January. People are quite tired, producing all of this legislation. It is going to be a fresh start. We all look forward to that. I do wish everybody a happy holiday season.

Mr. FRIST. I further ask consent that when the Senate returns on Tuesday, January 4, at 12 noon, following the presentation of the certificates of election and the swearing in of elected Members, and the required live quorum, the morning hour then be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and that there then be a period for morning business with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. I thank the Senator for that clarification and commend his leadership on this very important legislation.

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

Mr. FRIST. Mr. President, I wish to engage the Senator from Montana in a brief colloquy for a point of clarification on the bill, First, I wish to congratulate the Senator and others who worked tirelessly on this bill. This bill provides critical assistance to State and local governments to help them reach the goals and standards set by Congress and the FCC for bringing lifesaving E-911 service to all Americans. I especially commend the bill's authors for providing much needed financial assistance in the form of grants for training, equipment and other needs in providing and advancing E-911 service. I am very proud of my home State's E-911 leaders. They, along with the wireless industry, have helped make Tennessee one of the Nation's leaders in wireless E-911 implementation. I am informed that to date all but one of our 95 counties are Phase II E-911 ready, with the goal of reaching 100 percent by the end of this year. Since 1998, our State has committed itself to bringing E-911 service to all its citizens, rural and urban, from Memphis to Mountain City. However, much work remains to be done. Our State is re-writing its requirements for 911 dispatchers and their training. We currently have no formal training program or academy. In spite of all of Tennessee's accomplishments, financial challenges continue to grow. I am concerned that the Federal agency administering the bill's grant program will not give equal funding and eligibility consideration to States and localities that have achieved E-911 service, thus penalizing States such as Tennessee and others for their accomplishments. Would such an outcome be the intent of the bill's authors?

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the Senate now proceed to the consideration of H. Con. Res. 531, the adjournment resolution; provided that the concurrent resolution be agreed to, and the motion to reconsider be laid upon the table.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Roberts amendment be agreed to, the bill, as amended, be read a third time and passed, the motion to reconsider be laid upon the table, and any statement relating to the bill be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Foreign Relations Committee be discharged from further consideration of H.R. 2121, and the Senate proceed to its immediate consideration.

Mr. FRIST

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

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that there now be a period for morning business with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the Senate now proceed to consideration of H.R. 5419, which is at the desk.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Judiciary Committee be discharged and the Senate proceed to the immediate consideration of S. 2227 and H.R. 3632, en bloc.

Mr. FRIST. I ask unanimous consent that the bills be read a third time and passed and the motions to reconsider be laid upon the table, en bloc.

Mr. FRIST

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