Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on ``Examining the Proposal to Restructure the Ninth Circuit'' on Wednesday, September 20, 2006 at 2 p.m. in Dirksen Senate Office Building Room 226. Witness List Panel I: Members Panel (TBD). Panel II: Rachel L. Brand, Assistant Attorney General, Office of Legal Policy, Department of Justice, Washington, DC. Panel III: The Honorable Mary Schroeder, Chief Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Phoenix, AZ; The Honorable Richard Tallman, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Seattle, WA; The Honorable Sidney R. Thomas, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Billings, MT; The Honorable Diarmuid O'Scannlain, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Portland, OR; and The Honorable John M. Roll, Chief District Judge, U.S. District Court for the District of Arizona, Tucson, AZ. Panel IV: The Honorable Pete Wilson, Former United States Senator-CA and Former Governor of California, Bingham McCutchen, Of Counsel, Bingham Consulting Group, Principal, Los Angeles, CA; Dr. John C. Eastman, Chapman University School of Law, Anaheim, CA; and William H. Neukom, Esq., Preston Gates & Ellis, LLP, Seattle, WA.

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Wednesday, September 20, 2006, to hear the legislative presentation of The American Legion. The hearing will take place in room 106 of the Dirksen Senate Office Building at 10 a.m.

Mr. FRIST. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on September 20, 2006 at 3:30 p.m. to hold a closed briefing.

Mr. FRIST. Mr. President, I ask unanimous consent that the Subcommittee on Trade, Tourism, and Economic Development be authorized to meet on Wednesday, September 20, 2006 at 10 a.m. on Internet Governance: The Future of ICANN. The PRESIDING OFFICER: Without objection, it is so ordered.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 573, submitted earlier today.

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.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Agriculture be discharged from further consideration of S. 2463 and the Senate proceed to its immediate consideration.

Mr. FRIST. Mr. President, I ask unanimous consent that the Leahy amendment be agreed to, the bill, as amended, be read a third time and passed, the title amendment be agreed to, 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. Today, following the opening remarks of the two leaders, we will have a 30-minute period of morning business. Following that time, we will return to the United States-Oman Free Trade Agreement for closing remarks. The agreement provides for a vote on passage at 12 noon today, and that will be the first vote of the day. The Senate will then recess from 12:30 to 2:15 to allow the weekly policy meetings to occur. When the Senate resumes business at 2:15, we will proceed to executive session for the consideration of the Alice Fisher nomination. We have an order for 5\1/2\ hours of debate on the Fisher nomination prior to the vote on confirmation. We expect some of that time to be yielded back, and we will vote on that nomination this evening before adjourning. Last night, I filed a cloture motion on the motion to proceed to H.R. 6061, the Secure Fence Act of 2006. That cloture vote will occur on Wednesday morning, and we hope we can invoke cloture and dispose of this bill quickly.

Mr. FRIST

Mr. FRIST. Mr. President, I wish to take a few moments to comment on the bill we will be voting on later this morning, the Oman Free Trade Agreement. On June 29, the Senate passed the Oman Free Trade Agreement by a vote of 60 to 34. Today, we will bring the Oman Free Trade Agreement to the floor again for final passage of the House bill. We have a long history with Oman. Our relationship has extended for nearly 200 years. It dates back to 1833, when a treaty of friendship and navigation was signed with Muscat. Oman was the first Arab country to send an ambassador to the United States. Over the years, Oman has offered us valuable support. When we needed a local airbase for an attempt to rescue U.S. Embassy hostages in Iran during the Carter administration, Oman volunteered. When we needed a safe ground for our troops during Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom, Oman volunteered. Today, Oman cooperates closely with us and other allies on counterterrorism and has publicly supported the democratic transition in Iraq. Although not a formal member of the coalition, Oman has been a committed, dependent ally in the global war on terror. In Oman, we have found a solid partner on terrorist finance issues. Oman partners with its neighbors on transborder terror threats, and Oman's Government and religious leaders consistently and courageously denounce acts of terror and religious intolerance. It is clear that through nearly 200 years of formal relations, we have enjoyed a close and cooperative partnership that continues to expand. The free-trade agreement before us builds on the progress already made. It strengthens our relationship with a key friend and ally in the region, and it is a model for free trade in the entire Persian Gulf region. It is not our first bilateral agreement in the region. We struck similar deals with Jordan in 2000, with Morocco in 2004, and with Bahrain in 2005. Like these earlier deals, the Oman agreement will open and expand opportunities for exports of many American products. America's workers, manufacturers, consumers, farmers, ranchers, and service providers will all benefit. As soon as the agreement takes effect, Oman and the United States will provide each other immediate duty- free access on virtually all products in our tariff schedules. This includes all consumer and industrial products. We will phase out tariffs on the remaining products within 10 years. Former Trade Representative Rob Portman called it ``a high-quality, comprehensive free trade agreement that will contribute to economic growth and trade.'' Unfortunately, some have sought to undermine the agreement. They have propagated myths that don't stand up to scrutiny. For example, despite claims to the contrary, Oman does not implement any aspect of the Arab boycott of Israel. Oman publicly affirms and has reaffirmed its position in a letter from its Commerce Minister in September 2005. Moreover, Oman neither tolerates nor allows the use of slave labor. Oman has made substantial commitments to the United States on labor reform, and it has promised to enact key reforms by October 31, 2006. Rejecting the trade agreement would send a strong negative signal to our friends in the Middle East. Oman is a forward-looking Arab country on a range of social and economic issues. We must demonstrate our support to Oman, just as Oman has supported us. As the 9/11 Commission advised, expanding trade with the Middle East will ``encourage development, more open societies, and opportunities for people to improve the lives of their families.'' Passing the agreement before us will promote economic reform and development in the Persian Gulf, and it will advance our goal of a freer and more open Middle East. Quite simply, it will move our allies forward, and it will move America forward. I urge my colleagues to demonstrate their commitment to these goals by voting to pass the Oman Free Trade Agreement later this morning. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, I ask that the Chair lay before the Senate a message from the House on H.R. 2864. The PRESIDING OFFICER laid before the Senate a message from the House of Representatives disagreeing to the amendment of the Senate to the bill (H.R. 2864) entitled ``an act to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes,'' and asks a conference with the Senate on the disagreeing votes of the two Houses thereon.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate insist on its amendment, agree to conference with the House, and the Chair be authorized to appoint conferees at a ratio of 7 to 5.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that with respect to the bill, H.R. 4954, the Senate insist on its amendment, request a conference with the House, and the Chair be authorized to appoint conferees on the part of the Senate with a ratio of 9 to 7.

Mr. FRIST

Mr. FRIST. Mr. President, today we passed the Oman Free Trade bill by a vote of 63 to 31. I am pleased that we were finally able to proceed to a vote on the confirmation of a very important nomination, and that is the nomination of Alice Fisher to be an Assistant Attorney General. Tomorrow we will have a cloture vote on the motion to proceed to the Secure Fence Act, a bill on border security. That vote will occur at approximately 11 a.m., and this will be the first vote of the day. I hope that cloture will be invoked, and if it is invoked, I would hope that we could begin the bill as quickly as possible.

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.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 9:30 a.m. on Wednesday, September 20. I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and the Senate proceed to a period of morning business for up to 30 minutes with the first 15 minutes under the control of the Republican leader or his designee and the final 15 minutes under the control of the Democratic leader or his designee; further, that following morning business, the Senate resume consideration of the motion to proceed to H.R. 6061, the Secure Fence Act, with 1 hour of debate equally divided between the two leaders or their designees, followed by a vote on the motion to invoke cloture.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate's action on H.R. 503 be vitiated and the Senate agree to the request of the House to return the papers.

Mr. FRIST

Mr. FRIST. Mr. President, yesterday, September 17, marked the 219th anniversary of one of the most significant events in U.S. history. On September 17, 1787, 219 years ago, 39 brave men signed the U.S. Constitution. We are all familiar with the Preamble of the Constitution: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Today across the nation, children in each and every classroom are celebrating the birthday of our Constitution. Very likely, they are reciting this very same Preamble. Many are, no doubt, struggling through this seemingly archaic syntax to come to distill its purpose. These children are asking themselves the same questions we in the Senate face each day on the Senate floor: What does it mean to establish justice? What does it mean to ensure domestic tranquility; to provide for the common defense; to promote the general welfare; to secure the blessings of liberty to ourselves and our posterity? In the midst of debate, it is temptingly easy to mire ourselves in the intricacies of legislation, and we spend hours in committees negotiating a phrase or a single word. But let's not forget the purpose behind our debates. Mr. President, 219 years ago, 39 men fulfilled the promise, fulfilled the vision of the Declaration of Independence by signing the Constitution. Today, the legacy depends on us. As citizens and as Senators, it is our duty to ensure that the values and purposes embodied by the Constitution continue to be the values that define our daily life. Over the past few months, we have had many opportunities to do just that: the PATRIOT Act, Defense appropriations, border security, the Voting Rights Act, the Gulf of Mexico Energy Security Act, pension reform, and just last week, port security. But too often my colleagues on the other side of the aisle have inhibited the fulfillment of our duty. They have relied on obstruction and thrown up roadblocks at every opportunity. They have let politics get in the way of sound policy and purpose. That is unacceptable. We have only a few days left in this session. This week, we will vote on the nomination of Alice Fisher to be an Assistant Attorney General for the Criminal Division at the Department of Justice. But it has taken months and months to get to this point--months and months of obstruction. We have other key national security nominees who need to be confirmed. These are positions vital to our continued safety and security, but at every turn we find obstruction instead of confirmation. As we move forward, I urge my colleagues to review our Constitution's Preamble, to consider anew our purpose here in the Senate, and to let that purpose guide our debate and action here on the Senate floor. I yield the floor.

Mr. FRIST

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

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that notwithstanding passage of H.R. 4954, the Menendez amendment No. 4997 be modified with the changes at the desk.

Mr. FRIST

Mr. FRIST. Mr. President, we are back this afternoon to return to the consideration of the United States-Oman trade agreement. Last week, we reached an agreement for debate on this past Friday and today, with the vote occurring tomorrow. On Tuesday, there will be 30 minutes for closing remarks prior to vote on passage. We expect the vote to occur prior to the Tuesday policy meetings. Also on Tuesday, following the policy luncheons, the Senate will proceed to executive session for the consideration of the nomination of Alice Fisher to be an Assistant Attorney General. There will be 5\1/2\ hours set aside for the debate on this nomination, although we don't anticipate that all of that time will be necessary. There are other legislative and executive items we will schedule this week in addition to those I just mentioned. We are consulting with a number of colleagues as we schedule these matters, and I will have more to say after those conversations are concluded.

Mr. FRIST

Mr. FRIST. Mr. President, we will be closing down shortly, but I have a few items of business, and I have had a chance to talk to the Democratic leader about this next item. Mr. President, I now proceed to Calendar No. 615, H.R. 6061. I send a cloture motion to the desk.

Mr. FRIST. Mr. President, I ask that the mandatory quorum be waived.

Mr. FRIST. Mr. President, last week we passed the Port Security Improvement Act. Indeed, that means we are one step closer to plugging the hole in our port security. We are one step closer to securing America's more than 300 maritime ports of entry. That is progress. This port security bill that we passed was about vigilance. We are in the midst of a war with radical ideologues, militant extremists who will stop at nothing to destroy our Nation. They search for our weak spots and they seek ways to exploit them. On 9/11 we learned just how creative our enemy can be. Just last month we saw it again with the plot in Great Britain among terrorists to carry out what has become known as Gatorade bombing; that is, the destruction of aircraft and human life by using liquids. We share a 1,951-mile border with Mexico. It doesn't take much creativity to imagine how terrorists might seek to exploit that border. It is time to secure that border with Mexico. That is why just a few moments ago I filed cloture on the motion to proceed to the Secure Fence Act of 2006. The overwhelming majority of people who violate our borders do so in search of jobs--but not all of them. Some cross to deal drugs and commit crimes. Intelligence reports show that even al-Qaida considers our borders a key vulnerability. Without effective border control, we can't tell those looking for honest work from those bent on mayhem. Under the Secure Fence Act, Customs and Border Protection will take responsibility for securing every inch of our border with Mexico. Engineers and construction workers will erect two-layer reinforced fencing along the entire border. Hundreds of new cameras and sensors will be installed. Unmanned aircraft will supplement existing air and ground patrols. The resulting finished network will give us complete operational control over our entire border, and it will go a long way toward stopping illegal immigration altogether. But border barriers alone won't solve our problems. Congress still needs to address the illegal immigrants already in the country and provide a viable means to meet our Nation's labor needs. While I would have preferred coming to an agreement on a comprehensive solution this year, I have always said we need an enforcement-first approach to immigration reform--not enforcement only but enforcement first. This bill is that next step in strengthening our national security and the next step in making America safer and more secure.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 9:45 a.m. on Tuesday, September 19. I further ask unanimous consent that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and the Senate proceed to a period of morning business for up to 30 minutes, with the first 15 minutes under the control of the Democratic leader or his designee and the final 15 minutes under the control of the majority leader or his designee; further, that following morning business, the Senate resume consideration of H.R. 5684, the Oman free-trade bill, for 30 minutes under the previous order, with a vote on passage to occur at 12 noon; further, that any additional time until the vote be counted on the bill, with the time equally divided between the two leaders or their designees. Further, I ask unanimous consent that the Senate stand in recess from 12:30 until 2:15 to accommodate the weekly policy luncheons.