Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, we do want to assure everyone that while mistakes, failures, and missed opportunities occurred in the past, as their report chronicles, the United States still has a very good system to protect the country. There are thousands of dedicated Americans in the military, the intelligence community, law enforcement, and so on who endeavor every day to keep us safe. They deserve our appreciation and support. But we can and must do better. We have to get it right 100 percent of the time.

Mr. FRIST. Mr. President, the threat of terrorism will be with us for a long time. We need to fix the problems and correct the shortcomings cited by the Commission so that we can make America safer. That is why Senator Daschle and I intend to ask the Government Affairs Committee, in close consultation with other committees with a stake in these changes, to carefully evaluate the Commission's proposals regarding reorganization of the executive branch and determine how best to implement them. It is our hope that the Government Affairs Committee shall begin conducting hearings on these issues as soon as possible. It is also our expectation that the other committees with an interest in this legislation will conduct their own hearings. It is also our hope that the Government Affairs Committee, working closely with the other interested committees, will carefully evaluate each of the Commission's proposals and factor in their views before coming forward with a legislative package. No committee shall lose its rights to review parts of the legislation under its jurisdiction. It is our hope this package will be assembled and presented to the Senate no later than October 1.

Mr. FRIST. Mr. President, in closing, the Democratic leader and I agree that the Commission has come forward with important recommendations that deserve urgent consideration by this body. We are hopeful that the process we outlined above will give them the bipartisan attention they deserve and the American people expect. Mr. President, I suggest the absence of a quorum.

Mr. FRIST

Mr. FRIST. Mr. President last week, Kurdish security forces captured 15 militants in Kirkuk. Among them is a man purported to be second in command of Ansar al-Islam, an Iraq-based terrorist group linked with Al Qaeda. Meanwhile, Iraqi security forces swept through a downtown Baghdad neighborhood and arrested over 500 suspected criminals. The operation, which was conducted without the assistance of U.S. soldiers, was the largest operation of the interior ministry since the fall of Saddam Hussein. The developments in Kirkuk and Baghdad are positive signs of Iraq's progress. The interim government is taking on the tough responsibility of defending its citizens and confronting terrorists. We know that it will be a long and difficult process. The governor of the Nineveh province was gunned down last week by terrorists. Jordanian militant Abu Musab al-Zarqawi claims credit for the vicious murder. And on Tuesday this week, the interim governor of Basra was assassinated as he was heading to work. The ongoing violence is frustrating and painful. Still, the Iraqi people remain optimistic. As my colleagues, Senators Lieberman and Kyl, pointed out in their excellent editorial in the Washington Post this week, a BBC/Oxford Research International poll finds released this month finds that a majority of Iraqis believe their lives today are quite good or very good, and a majority believes that their lives will be better next year. Meanwhile, Saddam will soon face his crimes. And Iraq is working to become a free and peaceful country in the heart of the Middle East that doesn't threaten its neighbours or terrorize its citizens. Which brings me to pre-war Iraq, and the Senate Intelligence Committee report on what we knew and what we did not know. The Senate Intelligence Committee has issued a detailed report on the intelligence community's estimate of Iraq's WMD. I commend my colleagues for their hard work and commitment. They launched a thorough investigation and produced a unanimous judgment. Indeed, their 12-month inquiry is, and I quote Senator Pat Roberts, ``without precedent in the history of the Senate Intelligence Committee.'' Acting together with clear purpose, the committee has produced a report that genuinely addresses an issue of critical importance to our Nation's security. Their efforts are an example of the best of the Senate working in a bipartisan manner to advance the interests of the American people. The report is tough and detailed. It reveals disturbing lapses in our intelligence gathering and processing methods, and it points to the clear need for major reforms not media driven or politically expedient measures, but deep and serious changes to how we gather intelligence-- the critical information we need to protect ourselves from stealthy, vicious, and determined enemies. One of the most troubling aspects of the Senate report is that following 1998, our Government had no human intelligence sources inside Iraq collecting against the WMD target. That is unacceptable. Meanwhile, what information we did collect was not properly shared among intelligence agencies. Again, unacceptable. It must be acknowledged, however, that from the United Nations to intelligence agencies all around the world, informed people believed that Saddam had WMD and the means to produce and deliver them. Following Saddam's defeat in Desert Storm in 1991, inspectors found stockpiles of chemical weapons and biological agents. They also found a nuclear program that was believed to be less than 2 years from completion. Then, for the next decade, Saddam refused to provide a clear accounting of his weapons programs. He defied 16 Security Council resolutions, ultimately defying Resolution 1441 passed in 2002. So we know that Saddam used chemical weapons in the past, that he obtained dual-use materials, that he had nuclear scientists on his payroll, and that he had billions of dollars of oil money with which to pursue his goals. In addition, we know that he invaded two neighboring countries, lobbed missiles at a third, and declared America to be a mortal enemy. A new British report further amplifies these facts. Led by Lord Butler, the British investigative team determined that the claim that Saddam attempted to buy uranium from Africa was ``well founded.'' And I quote: We conclude that, on the basis of the intelligence assessments at the time, covering both Niger and the Democratic Republic of Congo, the statements on Iraqi attempts to buy uranium from Africa in the Government's dossier, and by the Prime Minister in the House of Commons, were well-founded. By extension, we conclude also that the statement in President Bush's State of the Union Address of 28 January 2003 that: `The British Government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa' was well-founded. The report also rebuts many of the widely circulated claims made by Ambassador Joe Wilson about his role in the mission to Niger; the report he made to Washington upon his return; and later his claims that the administration manipulated intelligence. This report reveals that Ambassador Wilson's repeated attacks on the President's credibility were misleading, at best, and without merit. Furthermore, both reports find that no political pressure was applied to influence intelligence estimates. President Bush and Prime Minister Blair were, in fact, scrupulous in their presentation of the evidence as it was known. Saddam Hussein intended to resume his illegal weapons programs, and was taking steps to do so. The Butler report corroborates that, prior to the war, Iraq was ``carrying out illicit research and development, and procurement activities to seek to sustain its indigenous capabilities.'' In other words, Saddam was a threat to our peace, security, and interests. He never abandoned his ultimate goal to acquire WMD. Saddam may have been biding his time, but as the President told the nation, in this case, time was a ticking bomb. I applaud the efforts of both our Intelligence Committee and our British allies. Their examinations of the intelligence problems and misjudgments prior to the war are crucial to making the reforms necessary to winning the war on terrorism. This war, more than any other, depends on information. I look forward to the discussion of how we can strengthen our intelligence gathering and analysis. Brave men and women are out in the field, right now, risking their lives to defend America's freedom. They need an intelligence system that backs them up. America needs an intelligence system that works, and works well.

Mr. FRIST

Mr. FRIST. Mr. President, in a few minutes we will begin some of the wrap-up. We will be in for a little bit longer. We have a lot of business to do and in a few minutes we will start at least the beginning of that. I suggest the absence of a quorum.

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

Mr. FRIST

Mr. FRIST. Mr. President, over the past few months, my colleagues on the other side of the aisle have come to the Senate floor in a vain effort to convince America that we are worse off than we were 4 years ago. They offer a pessimistic litany of distorted statistics to discredit the measurable progress America has made in the last 4 years. Just last Friday, the minority leader came to the Senate floor to cast a negative light on America's astonishing rebound from the triple shock of terrorist attacks, corporate scandals, and a recession inherited from the Clinton administration. It is critical that the American people know the truth. Far from the other side's woeful depiction, America is moving forward and gaining strength. We have been tested, and we have proven ourselves to be a tough, resilient and resourceful nation. America remains the economic engine of the world. While our European friends struggle with double digit unemployment, America's unemployment rate is at historic lows and dropping. Are we better off? Four years ago, President Bush inherited an economy that measured $9.8 trillion. Today, the economy has grown almost $1 trillion more. Are we better off? Four years ago, President Bush inherited an economy that was the equivalent to roughly $25,000 for every person. Today, that number has grown to nearly $30,000. Are we better off? Four years ago, President Bush inherited an economy that employed 136.9 million people. Today, the number of people working has grown by nearly 2 million and is on track to create 1.2 million jobs this year. Contrary to claims made by critics, the quality of jobs being created is excellent. Three quarters of the new jobs created in May were in industries that, on average, pay a higher hourly rate than the overall average. Are we better off? Manufacturing jobs have grown this year for the first time since the mid-90's; 64,000 jobs have been added in the manufacturing sector since January, alone, and there are more jobs to come. More manufacturers have been reporting increased activity and new orders than at any time in the last 20 years. The ISM Manufacturing employment index in April hit its highest level in 15 years. Are we better off? Four years ago, President Bush inherited an economy that was constructing only 1.5 million new houses per year. Today, homeownership is at an all time high, including minority homeownership. Americans are investing in themselves and their futures. Are we better off? Productivity is its highest in 50 years. Unemployment is lower now than it was in the 70s, 80s and 90s--lower, in fact, than during the Clinton years. Are we better off? The answer is, clearly, a resoundings yes. Because of President Bush's tax cuts of 2001 and 2003, Americans now have more money to invest, save, or spend as they choose. Business owners have more opportunities to realize their entrepreneurial potential. America is moving forward because President Bush and the Republican- led Congress believe in the ingenuity, creativity, and common sense of the American people. When it comes to fighting crime, American law enforcement has the bad guys on the run. The statistics are remarkable. Fire-arm related violent crime is down. Burglary, robbery and theft are all down. Simple and aggravated assault is down. Violent crimes, including rape, sexual assaults and robberies, are now at their lowest levels since the government began collecting crime data in 1973. Violent crime is falling in all regions of the country, whether measured by race, ethnicity, age or income. Property crimes continued a more than 20-year decline. Gun-related crimes have continued to fall. The fall in the crime rates has coincided with more aggressive prosecutions of criminals. Average sentences for violent criminals are increasing, and violent felons comprise a growing share of the prison population. Real, positive change is taking place in America's neighborhoods. American's are safer and more secure at home. When it comes to improving major social programs, a Republican-led Congress has delivered on major new reforms. Seniors now have, for the first time, prescription drug coverage under Medicare. The other side of the aisle had eight years to enact Medicare reform. They didn't. Instead, they played politics with seniors' health. And now that we have made historic improvements, opponents to reform are trying to scare seniors from enjoying their new benefits. The truth is, under Republican leadership, America's seniors are getting vastly improved Medicare services. Under the bipartisan Medicare Modernization Act signed by President Bush in December, for the first time, all seniors will have access to $400 billion in expanded drug benefits. Low-income seniors and those with high drug costs will get the most help. Millions of seniors will get comprehensive prescription drug coverage with no gaps in coverage, no premium, and no more than a $5 copay. Even now, only 6 months after the Medicare legislation became law, the Bush administration is providing immediate relief from the high cost of drugs through its prescription drug discount program. Millions of seniors are getting $1,200, just like cash, on top of 10-25 percent off of the cost of their drugs. Seniors will have expanded access to an array of preventive benefits--including an annual physical examination--that simply were not part of the program before. Moreover, all Americans will pay less for prescription drugs because we took steps to speed the delivery of lower cost generic drugs to consumers. We have also given all Americans more affordable coverage through tax-free health savings accounts so they could take more control over their health care needs and hard-earned dollars. When it comes to education, again, Republican leadership is delivering major reform. Because of the No Child Left Behind Act, passed by a Republican-led Congress and signed into law by President Bush, millions of disadvantaged children are now getting the focus and attention they need and deserve. Reading and math scores in America's large urban schools have improved. Parents of children in struggling schools have powerful new options, and they are using them. If their school is struggling to teach their children the basics, such as math and reading, parent now can send their kids to a better public school or get their children special tutoring. Under No Child Left Behind, States and local school districts are now being held accountable for ensuring every child learns--regardless of race, parents' income, disability, geography, or English proficiency. As President Bush has said time and again, every child can learn, and every child should be given a fair chance. The No Child Left Behind Act is helping to make sure the promise is becoming a reality. As a result of the No Child Left Behind Act, the Federal Government today is spending more money on K-12 education than at any other time in the history of the United States. Federal K-12 education funding to states and local schools has increased by a historic $6.9 billion since the hallmark education reform legislation was signed into law. Title I aid for disadvantaged students, the cornerstone of the No Child Left Behind Act, has increased by over 40 percent since 2001. In fact, aid for disadvantaged students received a larger combined increase during the first 2 years of President Bush's administration than it received in the previous 7 years combined under President Clinton. Our economy is stronger, crime is down, education is improving. Americans have good reason to be optimistic about the future. And when it comes to environment, we are also seeing major progress. Emissions are down and water quality is improving. All signs are encouraging. More, however, can be done, starting with strengthening America's energy independence. President Bush has offered a long-range plan to diversify our energy supply and encourage the use of renewable energy sources. Senate Democrats, however, are committed to a strategy of obstruction. They come to the Senate floor to lament America's energy problems. Meanwhile, they block the very reforms that would lessen America's dependence on foreign oil supplies. Likewise, the other side of the aisle bemoans rising health premiums while continuing to block medical malpractice reforms that would lower medical costs. Which brings me to the larger point. This year, the other side has been engaged in an unprecedented campaign of obstructionism. Their obstructionism is costing billions of dollars that could be growing the economy and hundreds of thousands of jobs that could be employing America's workers. The campaign to poor-mouth America's progress may be an election year strategy to immobilize the process, but it is also unfairly discredits the efforts of every American working hard, paying taxes, and leading this country back to economic health. The distorted statistics and misleading charts are meant to sow doubt and confusion. They are meant to make Americans question their own success. It will not work, and it must not work. We are a strong, robust, and prosperous nation. Optimism is the essence of our success. It drives our creativity and emboldens our entrepreneurial spirit. It is what makes us invest in the future and accomplish our highest aims. I am confident the American people will look at the gains we are making everyday as a nation and as individuals, and that we will recognize our success, take heart, and keep moving forward. It is the American spirit, and it is the American way.

Mr. FRIST

Mr. FRIST. Mr. President, I would like to report briefly on where things stand on the asbestos negotiations Senator Daschle and I have been conducting for the last couple of months. There is wide agreement that the current asbestos litigation system is disastrous for victims, for jobs, and for the economy. More than 700,000 individuals have filed claims; approximately 300,000 claims are still pending; more than $70 billion has already been spent trying to resolve these claims; and more than 70 companies have filed for bankruptcy as a result. And yet we have very little to show for it. We have a system where the sickest victims of asbestos exposure have to wait in line with thousands of unimpaired claimants. There are many things that we in Congress cannot agree upon. But everyone can agree that this system is a mess and must be fixed. Senators Hatch and Leahy ironed out a unique solution to the problem. They created a no-fault trust fund for claimants funded by business and insurance that would pay truly sick claimants fair claims values in a prompt manner. S. 1125 embodied this idea and was reported out of the Judiciary Committee in July of 2003. That bill provided $108 billion in mandatory funding for claimants. On April 7, 2004, Senator Hatch and I, along with Senators Miller, DeWine, Voinovich, Chambliss, Hagel, and Domenici, introduced a substitute bill, S. 2290. S. 2290 increased the funding for claimants to $114 billion. Unfortunately, on April 22, that bill only received 50 votes on the floor of the Senate. Why? The opponents' primary complaint was that the funding was insufficient. I did not want to give up on finding a solution to this crisis. Fortunately, neither did the Democrat leader. So we met and decided to ask Judge Becker, a respected Third Circuit Court of Appeals judge who had been working on asbestos issues with Senator Specter, to try to mediate the parties' differences. He did so over a 2-week period in May and was able to get Organized Labor to move from $153 billion to $149 billion. The business and insurance side of the equation moved from the $114 billion into the mid-$120 billion range. But no deal was reached. In June, the minority leader and I met again and agreed to try to negotiate this matter between us, along with the help of the interested parties. Soon after those negotiations began, the business side made yet another move, this time offering to fund a $131 billion trust fund. They were told that was still insufficient. So, at my request, Senator Daschle put together a proposal. He proposed a $141 billion trust fund. He also indicated how his side believed the start up of the fund and pending claims should be handled, among other issues. In response, I encouraged the business and insurance communities to make their best and final proposal on the size of the fund. I told them that the end-game was near and that it was time for them to do the best they could in terms of a proposal. As a result, they made a huge move and agreed to fund a $140 billion trust fund, with roughly $40 billion funded in the first 5 years. Now here is the rub. Time is running out. It is now the end of July, and we are set to begin a long recess. We only have 21 days left in this session of Congress to get a bill completed. So I sat down with Senator Daschle earlier this week to try to push negotiations forward. To get a bill, we must begin to tackle the tough issues. Those tough issues concern funding and pending claims. Because we have reached the bottom line for business and insurance when it comes to funding, it is time to intensify negotiations on the so-called ``start-up'' and ``pendings'' issues. Business and insurance will not agree to a $140 billion trust fund and, simultaneously, continue to pay massive sums for ongoing litigation. Either a trust fund is the solution to our problems or it is not. I have asked Senator Daschle to let me know whether he believes his side can move in our direction and not permit leakage in the tort system. If so, substantial progress can be made. Today, I received a letter from Senator Daschle and 12 other Democrats expressing their commitment to ``work over the August recess to narrow our differences and secure a compromise that provides necessary relief to victims and businesses.'' I deeply appreciate their steadfast commitment to this issue and look forward to hearing from them about how we can solve the asbestos litigation crisis.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the Senate proceed to consideration of H.R. 4916, which is at the desk.

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 any statements be printed in the Record.

Mr. FRIST. Many hours, many hours.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate immediately proceed to executive session to consider the following nominations on today's Executive Calendar: 695, 796, 803, 804, 810, 811, and 812, and all nominations on the Secretary's desk. I further ask consent that the nomination of John Miller, PN 1763, be discharged from the Foreign Relations Committee, and the Senate proceed to its consideration. I further ask unanimous consent that the nominations be confirmed en bloc, the motion to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. FRIST

Mr. FRIST. As in executive session, I ask unanimous consent that during the upcoming adjournment of the Senate, all nominations remain status quo with the exception of Deborah P. Majoras to be a Federal Trade Commissioner, (PN 1613) and Jon D. Leibowitz, (PN 1496).

Mr. FRIST. I thank everyone for their cooperation in getting these agreements for the judges, as well as confirming some important timely nominations, such as the Assistant Secretary of Homeland Security, Mr. Stone. There are a number of other nominations that remain on the calendar, including a number of diplomatic positions which include the Ambassador to Qatar, the Ambassador to Estonia, several representatives to the United Nations. I was prepared to ask consent for these, although I will withhold that request, but I would ask my colleagues on the other side to look at these nominations and see if there is a way to allow us to proceed to these ambassadorships. I will not belabor the point this evening, but there are so many additional nominations we have that are pending and that we should have acted upon. I hope they will give those every consideration. Today, more have been reported out, several Commerce Department nominations, Albert Frink, Brett Palmer, Benjamin Wu. These will be added to the growing list of nominations now available. These people deserve action from the Senate.

Mr. FRIST

Mr. FRIST. As in executive session, I ask unanimous consent that at 5 p.m. on Tuesday, September 7, the Senate proceed to executive session for the consideration en bloc of Calendar Nos. 791 and 792; provided further that the time until 5:30 be equally divided between the chairman and the ranking member or their designees. I further ask consent at 5:30 the Senate proceed to a vote on the confirmation of No. 791, the nomination of Virginia Maria Hernandez Covington, to be followed immediately by a vote on the confirmation of No. 792, the nomination of Michael Schneider, Sr. I further ask immediately following the vote, the President immediately be notified of the Senate's action and proceed to Calendar No. 787, the nomination of Michael Watson.

Mr. FRIST. Mr. President, in consultation with the Democratic leader, what we did with that unanimous consent would allow two judges to be voted on at 5:30, with the expectation that the third, which is Mr. Michael Watson, be confirmed by voice vote after that.

Mr. FRIST

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

Mr. FRIST

Mr. FRIST. I understand there are two bills at the desk which are due for a second reading.

Mr. FRIST. I object to further proceedings on the measures en bloc at this time.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Foreign Relations Committee be discharged from further consideration of S. Con. Res. 126 and that the Senate proceed to its immediate consideration.

Mr. FRIST. Mr. President, I ask unanimous consent that the concurrent resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, all with no intervening action or debate, and that any statements relating to this matter be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Foreign Relations Committee be discharged from further consideration of S. Con. Res. 106 and that the Senate proceed to its immediate consideration.

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