Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I now ask for their second reading, and in order to place the bills on the calendar under rule XIV, I object to further proceedings to these bills en bloc.

Mr. FRIST

Mr. FRIST. 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 all after the enacting clause be stricken and the text of S. 882, as amended be inserted; that H.R. 1528, as amended, be read the third time and passed; that the motion to reconsider be laid upon the table; and that S. 882 be returned to the calendar, all without intervening action or debate.

Mr. FRIST

Mr. FRIST. Mr. President, earlier today Senator Daschle and I had a productive meeting with Andy Card, the President's chief of staff. At that meeting, Mr. Card committed that there would be no further circuit and district judicial recess appointments during the remainder of the President's term, and the Democratic leader committed to vote on, by the end of June, 25 judicial nominations now pending on the Executive Calendar. I ask Senator Daschle if I have correctly summarized where we now stand on these nominations.

Mr. FRIST

Mr. FRIST. In order to place the bill on the calendar under the provisions of rule XIV, I object to further proceeding.

Mr. FRIST. Mr. President, I understand there is a bill at the desk that is due for a second reading.

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. I ask for the yeas and nays.

Mr. FRIST

Mr. FRIST. Tomorrow, following morning business, the Senate will resume debate on the Department of Defense authorization bill. We will continue the amendment process tomorrow morning. The chairman and ranking member will be here throughout the day to receive amendments, and I encourage all Members who have amendments to contact them at the earliest possible time. We would like to complete the Defense bill this week. We will need everyone's cooperation to conclude this bill before the recess. Therefore, rollcall votes should be anticipated throughout the day, and Senators will be notified when the first vote is scheduled.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. on Wednesday, May 19. I further ask 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 for their use later in the day, and the Senate then begin a period of morning business for up to 90 minutes, with the Democratic leader or his designee in control of the first 45 minutes, and the majority leader or his designee in control of the final 45 minutes; provided that following morning business, the Senate resume consideration of Calendar No. 503, S. 2400, the Department of Defense authorization bill.

Mr. FRIST

Mr. FRIST. Mr. President, 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 thereto be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Small Business Committee be discharged from further consideration of H.R. 923 and that the Senate proceed to its immediate consideration.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that on Wednesday, May 19, at a time to be determined by the majority leader, in consultation with the minority leader, the Senate proceed to the consideration of Calendar No. 53, S. 15, the bioshield legislation. I further ask consent that the only amendment in order be a Gregg-Kennedy substitute; provided that there be 2 hours of debate equally divided between the chairman and ranking member of the HELP Committee, and upon the use or yielding back of the time, the substitute amendment be agreed to, the committee amendment, as amended, be agreed to, the bill, as amended, be read a third time, and the Senate proceed to a vote on passage, with no intervening action or debate.

Mr. FRIST

Mr. FRIST. Mr. President, on leader time, I want to briefly comment on the fact that yesterday was the 50th anniversary of the monumental Brown v. Board of Education Supreme Court decision. I had the wonderful opportunity of joining my colleagues from Kansas, Senators Roberts and Brownback, in Topeka, KS yesterday around noon. As we stood in front of that two-story Monroe Elementary School, which was one of the four segregated schools in Topeka in 1954 which Black children were forced into, you couldn't help but appreciate how far indeed we have come, but also reflect on how far we must continue to go. It was 50 years ago and 1 day, May 17, 1954, that the Supreme Court struck down the separate but equal doctrine that had been established around 60 years before by Plessy v. Ferguson. The Brown v. Board decision is considered by many to be one of the most, if not the most, important Supreme Court decisions of the last 100 years. It energized the civil rights movement and the victories that would follow, including the Civil Rights Act of 1964. It catalyzed a tectonic shift in our Nation's social consciousness. The Brown v. Board story begins a little over 50 years ago in the city of Topeka, KS where we were yesterday. It was a third grader named Linda Brown who was barred from attending the neighborhood school because she was black. At that time she was 7 years old. She had to walk six blocks through a rail yard to meet her bus, and then she would be transported an additional 2 miles across town to the all- Black elementary school. That trip every day took about an hour. It was her dad, Rev. Oliver Leon Brown, for whom the Supreme Court case is named, who decided his child deserved to go to a school closer to home. He joined 13 other families in filing suit to end segregation in America's public schools. Linda Brown recalls that, using her words: When the parents involved tried to enroll us in all white schools and we were denied, my mother explained that it was because of the color of our skin. As a child I did not comprehend what difference that could possibly make. Indeed, as a child Linda knew the truth so many adults refused to recognize, that the color of a person's skin should not make any difference at all. Despite the Supreme Court's ruling, many States were slow to integrate classrooms. When I look back to my State of Tennessee, initial compliance was mixed. While Nashville public schools, for example, began their first day of integration in 1957, the surrounding county didn't begin until 1960. And even 10 years after that in 1970, 40 metro schools in Nashville were still segregated. But since that point in time, Tennessee, as the rest of the Nation, has made great progress. I think of the Chattanooga School for Arts and Sciences, which is hailed in the State as a model for diversity and academic success. Indeed, 99 percent of its students, who come from all racial backgrounds across the country, go on to college. In 2003, the elementary and middle schools scored above the national average in the Tennessee Comprehensive Assessment Program tests. That all leads me to the ultimate hope of the Brown v. Board decision: That not only will Black and White students learn together, but that they will succeed together. In this we have a long way to go. As we look ahead and as we celebrate that wonderful decision of 50 years ago, as we were celebrating yesterday in Topeka, we have a long way to go. Most recently, the President's No Child Left Behind Act is one powerful tool we have in closing the educational gap that exists between White and Black students. It sets rigorous standards for learning and teacher qualifications. It does hold schools accountable for their academic success. No longer will students be passed from grade to grade without mastering those basic learning skills. No longer will schools be able to mask their results in broad averages. They will have to account for every group of students under that schoolhouse roof. Fifty years on, American has undergone a dramatic transformation. No longer is segregation an accepted, let alone celebrated, way of life. We recoil at the pictures of the Little Rock nine being jeered and threatened by angry White protesters. We hail the courage of those who led us forward. We tell their story that we will always aspire to America's true purpose, that true purpose which is so powerfully expressed in our founding, that all men are created equal, and that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, today, we will be in a period of morning business for 1 hour. The first half of that time will be under the control of the majority leader, with the second half under the control of the minority side. Following that period, the Senate will begin consideration of H.R. 3104, the Afghanistan/Iraq campaign medals bill. Under the agreement, there will be 20 minutes for debate prior to a vote on passage of the bill. Senators can, therefore, expect the first vote of the day to occur sometime around 11 or 11:15 this morning. Following that vote, we will resume the Defense authorization bill. We began that bill yesterday and made some progress by disposing of the Hutchison amendment regarding cadets and midshipmen. We will continue on that bill throughout the day with rollcall votes expected. I have mentioned our desire to finish the Defense bill this week, and I hope Members will cooperate with the managers of the bill so we may have an orderly consideration of amendments. Senators who intend to offer amendments should be contacting the chairman and ranking member at this time so they may begin scheduling amendments for this week. Also, we have a cloture vote scheduled for 2:15 p.m. today on the nomination of Marcia Cooke to be U.S. District Judge for the Southern District of Florida. There is still hope we can work out an understanding as to when we will vote on some of the 32 pending judicial nominations and, therefore, there is a chance the cloture vote may be vitiated. We will alert all Members if there is a change with that vote. Also this week we will continue to look for a way to consider and complete the bioshield bill. I hope we can pass that important measure before we conclude our business this week. The highway bill is another one we need to get to conference, and we will find a way to do that if at all humanly possible this week. I am reminded daily of the importance of this bill and the necessity of going to conference. I was talking to our colleague from Missouri, Senator Bond, who again underscores the importance of moving this bill forward as soon as possible. It is going to be a very busy week. As we approach the recess, Senators can expect late nights, if necessary, to complete the legislative and executive items I have mentioned.

Mr. FRIST

Mr. FRIST. Mr. President, I rise today to say a few words in support of my good friend, Major General David Petraeus. On May 4, the President nominated General Petraeus for appointment to the grade of lieutenant general and assignment as chief of the Office of Security Transition--Iraq. As head of the Office of Security Transition, General Petraeus will be charged with demobilizing militias and organizing and training the Iraqi military, civil defense force, police, and protective services. His mission is a vital part of helping Iraqis come together as a nation. General Petraeus embodies all the values of a true soldier serving his country. Leadership, bravery, duty, honor. Indeed, he is one of our most talented soldiers. I first met General Petraeus in 1991, while I was serving as a heart surgeon at the Vanderbilt University Medical Center in Nashville. I got an afternoon call from the emergency room that a person with a gunshot wound was being rushed to the hospital. I knew the person had been shot in the chest and at close range with an M-16. When General Petraeus arrived, he was bleeding faster than the blood could be replenished so I put in a chest tube and we headed to the operating room. On the way to the operating room, I remember explaining to him the risk of infection from the bullet. I didn't get more than halfway through my explanation before he responded with, ``Doctor, let's go get this over with; you need to tell me nothing more.'' Very few people would have been out of bed within 12 hours of surgery. But General Petraeus is a strong and determined man. Anyone who has ever seen him with his soldiers can see his dedication and commitment to those he leads. The record of the 101st Airborne and the leadership of General Petraeus speaks for itself. Over a year ago, General Petraeus and the 101st Airborne Assault Division, along with the 160th SOAR and Fifth Special Operations Group, departed Fort Campbell for action in Iraq and to engage hostile forces in the War on Terror in Afghanistan. This past year the Screaming Eagles lived up to the division's motto of ``rendezvous with destiny.'' They endured untold hardships, confronted incredible obstacles, and completed their mission with astounding results. They began with a grueling and dangerous trek north from Kuwait in which they liberated countless Iraqis. Arriving in Northern Iraq on April 22, 2003, the division conducted the longest air assault in history, and quickly assumed responsibility for the ancient city of Mosul and the security of its citizens. Within 2 weeks of arriving in Mosul, the division rebuilt Khazir Bridge and facilitated the first free election in Iraq since the rise of the oppressive Baathists, allowing local leaders to elect the city's new mayor and regional governor. In late July, acting on the word of a number of Iraqi citizens, the 101st was successful in locating Uday and Qusay Hussein. These two brutal thugs, along with their father, were symbols of an oppressive, evil regime that millions of Iraqis were forced to endure for decades. Having successfully contained much of the remaining threat, the Screaming Eagles wasted no time in distinguishing themselves not only as liberators, but as partners in Iraq's reinvention. General Petraeus acted as a civil administrator by overseeing projects restoring electricity and water services, replenishing the area's supply of cooking oil, digging new wells, refurbishing over 500 schools, and building new health clinics. All of these projects were major successes. I commend General Petraeus for his service and devotion to our Nation. I greatly respect his leadership. I applaud the good work that the 101st has been able to accomplish for the Iraqi people and in the war on terrorism. I can think of no better individual to take on this important and difficult duty. I urge my colleagues to approve General Petraeus' promotion to the rank of lieutenant general.

Mr. FRIST

Mr. FRIST. Mr. President, tomorrow the Senate will be in a period for the transaction of morning business throughout the day. There will be no rollcall votes tomorrow. As I mentioned, we will begin consideration of the Department of Defense authorization bill next week. Members should expect the next rollcall vote on Monday at approximately 5:30 p.m. The chairman and ranking member will be here Monday to work through amendments, and they have indicated they will be prepared for a vote on an amendment at 5:30 p.m. We are also working on an agreement for consideration of the bioshield bill. We hope we will be able to lock in an agreement for that bill's consideration on Monday, and I will provide an update on that effort during tomorrow's session. We would debate that bill on Monday and have the vote on passage on Tuesday. Also, as a reminder, we reached an agreement on the bill related to campaign medals for Operation Enduring Freedom and Operation Iraqi Freedom. That bill will be completed during Tuesday's session. We are also expecting to begin consideration of some of the available judicial nominations that are on the Executive Calendar. Discussions are still underway as to how best to proceed to those nominations, and we will have more to say on this tomorrow. I also congratulate Senator Judd Gregg and the ranking member for passage of the IDEA reauthorization 95 to 3. It is a very important bill. We were able to deal with that bill in a very short period of time and in a very orderly way. I appreciate them bringing that to conclusion today.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. on Friday, May 14. 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 for their use later in the day, and the Senate then begin a period for the transaction of morning business, with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that on Tuesday, May 18, at a time to be determined by the majority leader, in consultation with the Democratic leader, the Senate proceed to the consideration of calendar No. 507, H.R. 3104; provided that there be 20 minutes of debate equally divided between the chairman and ranking member of the Armed Services Committee or their designees, with no amendments in order. I further ask consent that following the use or yielding back of the time the bill be read the third time and the Senate proceed to a vote on passage, with no intervening action or debate.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that on Monday, May 17, at 2:30 p.m., the Senate proceed to the consideration of calendar No. 503, S. 2400, the Department of Defense authorization bill.

Mr. FRIST

Mr. FRIST. Mr. President, on a final issue, I want to comment on an issue that is dear to my heart. It stems from the fact that if you have health insurance in this country today you do better than if you don't. This week is a week that addresses the issues of the uninsured, both in this body, in the Congress, in the executive branch--indeed, all over the country. Last October I appointed a task force on health care costs and the uninsured, and earlier this week the task force, led by our distinguished colleague, Senator Judd Gregg, unveiled its recommendations. I thank Senator Gregg for his tremendous work and each of the team members for the work they put in, both studying this issue and then fashioning a plan and proposal in a document which helps all of us in this body understand but also gives us a direction to address this huge problem. Helping the uninsured gain more access to affordable, quality health care is one of the most critical and the most complex and most fundamental challenges in domestic policy that face us today. Under Senator Gregg's leadership, the task force has developed a detailed, pragmatic, and systematic way of addressing this issue. They cast a wide net to gather input from a broad range of resources. Their recommendations offer a serious and substantial framework to tackle what to many people seems to be an intractable problem of uninsurance in America. The first thing is so obvious when you look at what the task force presented. The uninsured is not just a single sector. It is not just a piece of pie on a pie chart. It is a very complex group. It is a diverse mix. They include the chronically uninsured poor, the working uninsured, college students, and other young, healthy adults who simply choose not to get health care insurance. That complexity explains why it is impossible to have a one-size-that-fits-all approach, and, thus, the task force has drafted distinct recommendations for each of these different cohorts. America offers the best health care in the world. We have the very best trained physicians, the very best trained nurses, top researchers, top medical research, and topnotch medical research facilities in the country doing the very best research with vast numbers of new and improved medical technology and prescription drugs. But in spite of the very best of health care, we have these chasms, these huge gaps, with the uninsured. We have worked hard to find definitive solutions in the past. But still the number of uninsured in this country continues to climb. Forty-three million people are uninsured. Of those, 21 million people are without insurance for a year or more. We have this coupled or working in parallel with the spiraling upward health care costs. For the second straight year, health care spending grew significantly faster than the rate of growth of the gross domestic product by a whopping $1.6 trillion. The cost is caused by a whole range of factors. We have improvements in technology, which we understand. We have frivolous lawsuits. Many doctors are having to conduct and practice defensive medicine where they overprescribe in terms of diagnostic tests, really just to protect themselves in the event there is an overly aggressive lawyer who is going to be going after them. The liability insurance rates continue to rise. With these increased premiums, doctors pay as much as $400,000 for liability insurance such as a neurosurgeon, even if he has never been sued before in the past. It ultimately simply has to get passed on to the system itself, and that drives up everybody's health care costs. We have medical information gaps that cause costly insufficiencies today. A lot of times doctors don't have access to up-to-date information on patients who come into the emergency room because the record for that patient may be at another hospital or in another town or in the basement of that hospital. We can address that by improving our information technology and investing appropriately in electronic medical records. Individuals don't have the same tax advantages if they are out working by themselves than they do if they are working with a large company. That inequity of the individual market has consequences that affect the uninsured in a way that is detrimental. Health care is expensive for small companies today. There are initiatives we can take in this body to address the fact that small companies' access is really disproportionate in providing health care, in part, because of the types of packages that are available to them and, in part, because of the tax treatment. We have to find a way to address this escalating cost at the same time we are addressing the issue of the uninsured. The task force materials will be shared with our caucus, and hopefully a number of these issues will be addressed and debated and brought to the floor in the appropriate form so we can really accomplish reducing the number of uninsured in this country. I close by once again thanking Senator Gregg and the members of the task force. Their recommendations are enlightening and they are promising. They give us a great template from which to operate as we go forward. I am optimistic that by working together in this body we can produce good ideas, we can significantly increase the number of Americans covered, and we can keep health care in America moving forward.

Mr. FRIST

Mr. FRIST. Mr. President, I want to comment briefly on two other issues. One has to do with the event yesterday, which was very tough for many of us, and that was the opportunity to review the photos related to the prisoner abuse scandal. I thank the Department of Defense for their responsiveness so as to give everyone in this body the opportunity to view those pictures. As has been said by so many, the photos are appalling and offensive to America's sense of humanity. Many of the images we saw were consistent with those that have already appeared in the press. They are pictures and images of abusive behavior. There were a lot of photos. Others do not show prisoner abuse but do expose the character of those under investigation. The new material supports my belief that we must act swiftly and we must fully investigate the incidents of this prisoner abuse at Abu Ghraib prison to assure that justice is served. It is the mark of America, and that mark will be demonstrated by this swift justice. We must find out who is responsible for the abuses that occurred and hold them accountable. And indeed we will. At the same time, we must all remember to separate this incident from the outstanding, remarkable work so many thousands and thousands and thousands of our brothers and sisters and men and women and children are carrying out in uniform right now in Iraq and indeed in Afghanistan and around the world. It is tremendous work, fighting for the liberty and the democracy we all cherish. It is truly disheartening to see that the actions of a few--a few--have really tarnished the reputations and professionalism of our Nation's Armed Forces. So let's never ever forget the tremendous work the men and women in uniform are doing for us right now, each and every day, and today. I am pleased to learn Secretary of Defense Rumsfeld and General Myers have traveled to Baghdad to get a better sense of what is happening on the ground in Iraq and to ensure corrective actions are being taken to prevent such prisoner abuse from ever happening again. I think it is important that they are there to boost the morale of the thousands of American troops who are serving so nobly and courageously in Iraq. This is the right and proper thing for our Nation's senior defense civilian and senior military leader to be doing. I do again want to assure our colleagues that the American people expect, and the Senate will deliver by having its committees of jurisdiction continue their inquiries into this matter and work diligently with the executive branch to ensure that justice prevails and that such acts never ever occur again.

Mr. FRIST

Mr. FRIST. Through the Chair, we are aware of Senator Kennedy's plans and we will do everything we can to accommodate all Senators. We have a number of people who have engagements this morning and this afternoon, and we will do our best. I think that is consistent, having this vote in the hour we so designated.

Mr. FRIST

Mr. FRIST. Mr. President, today following my remarks and any remarks from the Democratic leader, we will have a period of morning business for up to 60 minutes. The order provides for the first 30 minutes to be controlled by the minority and the second 30 minutes to be controlled by the majority. Following the 60-minute period, we will resume consideration of S. 1248, the IDEA--Individuals with Disabilities Education Act-- reauthorization bill. Yesterday we made very good progress on the bill and we now have an agreement to finish the bill early this afternoon. We do have one final outstanding issue on paper reduction, and we should then vote on final passage of the bill. I anticipate passage will occur somewhere between 11:30 and 12:30 today. I do want to congratulate both managers on their hard work on this very important piece of legislation. I thank them for allowing us to proceed through the legislation under a unanimous consent agreement. Later today I will also be discussing Executive Calendar nominations with the Democratic leader. I hope to begin scheduling consideration of those nominations, including the judicial nominees. We will have more to say on the nomination schedule later today. Finally, I want to remind everyone that next week we will be considering the Department of Defense authorization bill. Senators can expect busy sessions throughout the week, including votes on Monday. That will be late Monday afternoon.

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.