Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I now ask for a second reading en bloc and, in order to place the bills on the calendar under the provisions of rule XIV, I object to my own request.

Mr. FRIST. Mr. President, I understand that H.R. 4227 and H.R. 2771 are at the desk, and I ask for their first reading en bloc.

Mr. FRIST

Mr. FRIST. Mr. President, in response, through the Chair, our intention is that as soon as we finish the 5 hours 30 minutes, we go back to the FSC/ETI JOBS bill. We have made tremendous progress on the bill. I congratulate the managers for their leadership over the course of the week. They have done a commendable job in getting the number of amendments both down and dealt with. Some have been adopted. Some have had votes on them over the course of the week. Our intention is, as soon as we finish the Negroponte nomination debate and vote, to go back to FSC/ETI. I hope all 5 hours 30 minutes might not be required on the Negroponte nomination.

Mr. FRIST. I am pleased we are making progress. The fact that we are going to the debate on the future Ambassador of Iraq, Mr. Negroponte, demonstrates that we are making some progress. We have a whole series of judges who must be addressed, a whole series of nominees who were just mentioned who must be addressed, and a whole series of ambassadors on whom it sounds as though we are making some progress with the Negroponte nomination, as well as what we will see take place later during the day. I further ask consent that there then be 5 hours 30 minutes equally divided between the chairman and ranking member of the Foreign Relations Committee; provided further that the minority time be divided among the list that is at the desk. I also ask unanimous consent that following the use or yielding back of time, the Senate proceed to a vote on the confirmation of the nomination with no intervening action or debate. Finally, I ask unanimous consent that following the vote, the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 497, S. Con. Res. 99.

Mr. FRIST. Mr. President, that completes leader time. That should not take away from morning business.

Mr. FRIST. Mr. President, I do want to draw attention to this terrible tragedy unfolding in the Darfur region of Sudan. I have had the opportunity to travel to the Sudan a number of times, many times over the last several years, and care greatly for the people there, as do all of our colleagues who are in this Chamber today. I thank Senator Brownback for his tremendous leadership on this issue. He will come to the floor later today to comment on this important resolution. He has shown steadfast commitment throughout for the people of southern Sudan. I also thank Senator Feingold. He and I have had the opportunity to work together for many years on the Africa Subcommittee and have worked together to draw attention to the terrible civil war in Sudan, which has displaced millions of people. A million people have died over the last 20, 22 years. I also thank my colleague from Tennessee, Senator Alexander, who now chairs the African Subcommittee, as well as Chairman Lugar and Senator Biden, and all the colleagues who have worked on this issue. The international community estimates that 1 million--1 million-- Sudanese in the Darfur region have been displaced by the ongoing attacks by government-backed militias. At least 110,000 Darfur Sudanese have sought refuge in Chad. But even there the militias have been able to cross the border and attack the refugee camps. It is an ongoing tragedy. The outgoing United Nations humanitarian coordinator in Khartoum says the continuing atrocities are nothing short of genocide. Since the violence began in February of last year, up to 30,000 Darfur natives have been killed. The U.N. coordinator warns that the raping, looting, and mass destruction being perpetuated is ``more than just a conflict.'' He warns that, ``It is an organized attempt to do away with a group of people.'' On Monday, a U.N. mission returned from a 6-day inspection of Darfur. The team concludes that many of the violations they investigated may constitute war crimes and/or crimes against humanity. Their report, due to be completed by the end of this week, is expected to confirm many of the accounts of mass murder, multiple rapes, aerial bombings, and ground attacks. The crisis only threatens to worsen. Later this month, the rainy season will begin. Aid experts tell us the massive yearly flooding may seriously hinder their efforts to distribute desperately needed aid and medical supplies. Amnesty International warns that the impending rains are a ticking timebomb in the countdown to disaster. The situation in Darfur is dire. I take a special interest in the plight of the Darfur people because of my own contact with the Sudanese. I have traveled extensively throughout southern Sudan. I have had the opportunity to perform medical mission work in that part of the world in a hospital in a little village called Lui. I have visited the Nuba Mountains in central Sudan, the Blue Nile region north of there, as well as Pabong, which is one of the oil regions in which there has been a lot of displacement. Recently, in August, I was in southern Sudan, where I had the opportunity again to operate and perform surgery and serve the community there in this hospital in Lui, the only medical facility in about a 150-mile radius of that small village. Through these travels, I have had the opportunity to take care of patients who have come in with war-torn injuries, and who are suffering from the plight of this civil war, a brutal war--the innocent people there who are being shattered day in, day out, by civil war. I wanted to share with my colleagues the suffering of the people of southern Sudan and thus wholly endorse this resolution. We have all worked together--Senators Brownback, Feingold, Biden, Lugar, Helms, and many others--to enact a Sudan Peace Act in the past. That bill, indeed, provided a framework for peace negotiations in Sudan. This past September, shortly after we were in southern Sudan, I was heartened by the cease-fire by the Khartoum government and the Sudanese rebels. Peace, it seemed, at that point in time might finally come. But now my hopes are wearing thin. The government of Khartoum absolutely must take responsibility for its complicity in the systematic murders and atrocities being committed in Darfur by the Janjaweed. On Tuesday the U.S. Agency for International Development delivered the first of four aid airlifts planned for the week. The Agency is providing thousands of blankets and temporary shelter and medical supplies and food. But even with the best, the most hopeful, the most optimistic projections that the Darfur crisis can be controlled, the most optimistic say it will continue for another 18 months, even if Khartoum right now starts cracking down on the Janjaweed militias. Hence, there is not time to waste. Literally millions of lives are in the balance. We must draw the worlds's attention to the crisis in Sudan. This week's elections of Sudan to a third term on the United Nations Human Rights Commission is a travesty. It undermines the credibility of the Commission but, more importantly, it signals to the Sudanese people that the highest human rights body in the world has abandoned them and ignored their plight. I stand alongside the administration in its unqualified disapproval of Sudan's inclusion in the U.N. Human Rights Commission. By approving S. Con. Res. 99, however, this body rightly condemns the actions of Khartoum and Darfur. We put Khartoum on notice that the Senate will continue to scrutinize and hold accountable acts of commission or omission by the Khartoum government that violate their citizens' human rights. Mr. President, I yield the floor.

Mr. FRIST. Mr. President, I wish to make a brief comment. First, I ask unanimous consent that the committee-reported amendment be agreed to, the concurrent resolution, as amended, be agreed to, the amendment to the preamble be agreed to, the preamble, as amended, be agreed to, the motions to reconsider be laid upon the table en bloc, and that any statements relating thereto be printed in the Record, with no intervening action.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the Senate proceed to consider the following treaties on today's Executive Calendar: Nos. 17, 18, 19, 20, 21, 22, 23, and 24. I further ask unanimous consent that the treaties be treated as having passed through their various parliamentary stages, up to and including the presentation of the resolutions of ratification; further, that any committee provisos, declarations, and understandings be agreed to, that any statements be printed in the Record, and that the Senate take one vote on the resolutions of ratification to be considered as separate votes; further, that when the resolutions of ratification are voted on, the motion to reconsider be laid upon the table, the President be notified of the Senate's action, and following the disposition of the treaties, the Senate return to legislative session.

Mr. FRIST. I ask for a division vote on the resolutions of ratification.

Mr. FRIST

Mr. FRIST. Mr. President, I rise to comment on the critical importance of moving ahead on many of the pending nominations for the ambassadorial and foreign affairs post, and to speak to John Negroponte, who has become a good friend, someone whom I admire tremendously. I do commend the Senator from Arizona for his statement on the Sudan. I opened this morning earlier today with the resolution at the time it was approved. The Sudan is a country I am in every year, and throughout the southern Sudan. I have had the opportunity to be there at least once a year for the last 6 years. Again, the atrocities that are going on in Sudan must be condemned, and the Senate is speaking loudly, through the voice of Senator McCain and so many others over the course of today. I commend the leaders, both of the sponsors of the bill, and the bipartisan support for that resolution. I mentioned the ambassadorial and foreign affairs posts because we need to pay attention not just to the future of Ambassador Negroponte, but also the many others today because we do have a whole range of qualified individuals who are going to be in very important posts-- except there is one little block, and the block ends up being a huge one, right here in the Senate. They are ready. They have been fully vetted and approved, with strong support of the Foreign Relations Committee. There have been bipartisan votes. There have been unanimous votes. It is now time to act on a whole range of these ambassadorial posts. Chairman Lugar, on the Senate floor just a few hours ago, eloquently noted that foreign governments take notice when the American Embassy post remains vacant. They basically look at the post and they see back in America that nominees have been put forward, but the fact the Senate has not said yes, which we ultimately will do, sends a strong signal to those countries as if the United States doesn't put the emphasis or care quite as much about that country. It might be interpreted as a feeling of declining interest in that country. We should not allow it to happen. Really, we must not allow that to happen. It takes action here in the Senate. I am very hopeful we can open up this whole gate that is blocking so many of these nominees. We absolutely must have strong diplomatic representation and support for our policies in order to fight global terror, to defeat global terror, to further our economic interests around the world, to advance our interests and bring freedom and democracy to the millions of people who yearn for it. Like our military, our diplomatic corps is a part of a national security team. I know most of my colleagues, indeed, all of my colleagues would not deny our military the leadership they need in the time of war. I ask my colleagues to remember the similar and very important role that our ambassadors play. That important role is advancing our national security and foreign policy interests. Our embassy teams serve on the front line of the United States of America. Our Foreign Service officers and embassy personnel literally put their lives at risk each and every day. It was just in 1998, in Tanzania, in Kenya, that a number of our embassy staff were killed in the al-Qaida attack. They paid the ultimate price for freedom. The Constitution gives us responsibility, it gives us a critical role in the appointment of ambassadors. But the advise and consent power is not only a right of this body but it is a responsibility of this body. As I have said many times before, I take that responsibility very seriously. In this time of war, America needs to have full diplomatic representation abroad. We are at war. We need to be represented fully abroad. The nomination of John Negroponte is pending today, and hopefully shortly, we will be voting on his nomination. I have had the opportunity to visit with him recently and to grow to know him over the last several years. I think there is no individual more qualified to take on that difficult task--and we all know it is going to be difficult--as Ambassador to Iraq. Ambassador Negroponte has served this country for over three decades. He is one of the most qualified diplomats to ever serve this Nation. He has been confirmed by this body seven times before. On June 30, as we all know, the Coalition Provisional Authority turns over Iraqi sovereignty to the Iraqi people. We have seen it play out in the last several days, the last several weeks. It is a difficult time in Iraq. It is perhaps the most critical moment in the fight to bring freedom to that war-torn nation. As we all know, Ambassador Negroponte will be charged with implementing those policies in Iraq. He will be responsible for leading and protecting a team of over 1,700 embassy personnel. It is a critical time of conflict in Iraq and indeed throughout the Middle East. It is in this critical time that we need Ambassador Negroponte at his post as soon as possible. The future of Iraq depends on our ability to make good decisions right now. As Chairman Lugar pointed out, we have a number of other nominations, 30 nominations pending on other important posts, right now pending throughout Europe, throughout the Middle East, in Africa and throughout the world. I hope with the final confirmation today of Ambassador Negroponte we can open up what would be a floodgate to these other 30 nominations. It is not the time to make political statements on either side of the aisle as an excuse for holding up these nominations. The risks are too great at this moment in history. I strongly urge my colleagues to approve Ambassador Negroponte shortly, and all of the other pending nominations as soon as possible. I yield the floor. I suggest the absence of a quorum.

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 7. I further ask that following the prayer and the pledge, the morning hour be deemed to have expired, the Journal of the 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, with Senators permitted to speak therein for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. Mr. President, we have had a number of discussions as to how we might go about finishing the FSC/ETI JOBS bill. Unfortunately, we have been unable to reach an agreement this afternoon and tonight. It appears it will be necessary to file cloture tomorrow. We will continue to discuss our options on Friday and early next week, but I do believe that it is now time for us to finish this bill. I am disappointed in the number of amendments that Members have indicated they intend to offer, many of which have nothing to do with the underlying bill. At this point, I announce that no rollcall votes will occur on Friday, and all Members should be aware that the next rollcall vote can be expected Monday evening. I will say more on Monday's schedule tomorrow.

Mr. FRIST. Mr. President, very briefly, in response, we have had a very productive week. As I set out really 2 weeks ago, and again last Friday and Monday, I agreed that we would work hard every day this week and we would consider relevant amendments, and we would consider amendments that may not be considered relevant on both sides of the aisle, and we have indeed considered germane amendments that really pertain to and are germane to the bill, and nongermane amendments. It is a matter of definition. We have done just that on Monday, Tuesday, Wednesday, and Thursday. We have reached the end of the week, having cast votes on a number of amendments and accepted others, working together. I, too, congratulate the managers for working together and moving this bill forward. At this juncture, we plan on filing cloture tomorrow, and that means we will still, once cloture is obtained--I hope it is obtained--we still will be considering germane amendments to the underlying bill. We have had a productive week and considered a lot of amendments. Although there is some disagreement about the best approach, I want to bring this to a close. We will have amendments in the early part of next week and they will be germane amendments.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 355 which was submitted earlier today.

Mr. FRIST. Mr. President, the Committee on Commerce, Science, and Transportation has been conducting an oversight inquiry triggered by press reports and court records suggesting that United States Olympic sport athletes may have used banned performance-enhancing drugs without detection. As part of its inquiry, the committee obtained by subpoena documents from a federal criminal investigation regarding the alleged sale and distribution of such drugs to U.S. Olympic sport athletes. After conducting a confidential review of the subpoenaed records, the committee held a closed hearing on May 5, 2004, to explore whether current U.S. Olympic sport athlete drug-testing policies, resources, and authority are sufficient to deter such athletes from using banned performance-enhancing drugs. The committee specifically considered the implications of the potential participation in this summer's Olympic Games of U.S. Olympic sport athletes who may have used banned performance-enhancing drugs. Representatives of the United States Olympic Committee and of the United States Anti-Doping Agency testified at the committee's hearing. Both organizations have requested that the committee share the confidential records it received in the course of its inquiry with the U.S. Anti-Doping Agency, which is the independent agency that enforces anti-doping rules for the U.S. Olympic Committee and the Olympic sport federations. Both organizations have advised the committee that they view it as critical to the credibility and reputation of American sport that the U.S. Anti-Doping Agency obtain timely access to these records to enable it to use them as evidence, if justified, in disciplinary proceedings prior to the selection of the U.S. Olympic team that will compete in the 2004 Summer Olympic Games in Athens, Greece. This resolution would authorize the chairman and ranking member of the Commerce Committee, acting jointly, to provide documents from the committee's inquiry to the U.S. Anti-Doping Agency in response to these requests.

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. Mr. President, this morning, the Senate will conduct a period of morning business for up to 90 minutes, with the first 45 minutes under the control of the majority leader or his designee and the second 45 minutes under the control of the Democratic leader or his designee. Following morning business, the Senate will resume consideration of the FSC/ETI JOBS bill. We made significant progress on the bill thus far this week. I hope that will continue through today. Chairman Grassley and Senator Baucus will be here to continue working through relevant amendments. In addition, we expect to consider the Negroponte nomination during today's session. This is one of many important ambassadorial nominations on the Executive Calendar. I expect a vote on this nomination today. Therefore, rollcall votes will occur during today's session.

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: Calendar Nos. 659, 660, 661, 662, 664, 665, 667, 669, 672, 673, 674, 677, 678, 679, 680, 681, 682, 683, and 686. I further ask unanimous consent that the nominations be confirmed en bloc, the motion to reconsider be laid upon the table, and the President be immediately notified of the Senate's action.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. on Thursday, May 6th. I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and following the time of the two leaders, the Senate then begin a period of morning business for up to 90 minutes, with the first half of the time under the control of the majority leader or his designee, and the second half under the control of the Democratic leader or his designee; provided that following morning business, the Senate resume consideration of Calendar 381, S. 1637, the FSC/ETI JOBS bill.

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, following the remarks of Senator Dayton for up to 10 minutes and Senator Murray for up to 60 minutes.

Mr. FRIST

Mr. FRIST. Mr. President, tomorrow, following morning business, the Senate will resume consideration of the FSC/ETI JOBS bill. We made excellent progress on the bill today, disposing of four amendments. I hope we can continue that process and that progress tomorrow with respect to relevant amendments to the bill. Senators should expect rollcall votes on amendments throughout the afternoon. The Senate may also act on executive nominations during tomorrow's session; therefore, additional votes are possible. In particular, I look forward and hope we would be able to act on one very important nominee, John D. Negroponte of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Iraq. Many members have had the opportunity to get to know this particular nominee, to discuss his plans for the future, and it is critical we act as soon as we possibly can on this nominee who will be our ambassador to Iraq. It is critical we do that as soon as possible. It is my hope and expectation to do that tomorrow.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent the Judiciary Committee be discharged from further consideration of S.J. Res. 34 and the Senate proceed to its immediate consideration.

Mr. FRIST. I further ask that the joint resolution be read three times and passed, the preamble be agreed to, the motion to reconsider be laid upon the table, and any statements related to this matter be printed in the Record at the appropriate place.

Mr. FRIST

Mr. FRIST. Mr. President, on the fifth of May, 1862, in Puebla, Mexico, a fighting force of 2,000 peasants confronted 6,000 well- equipped and expertly trained French troops, The French troops had come to conquer the small town. Instead, the peasant army prevailed, and their historic victory is celebrated each year as Cinco de Mayo. Today, millions across the Americas will celebrate the spirit of Cinco de Mayo. They will cheer the shared goals of independence, liberation, and freedom. Today, the people of North America are united in good will. Indeed, the relationship between the United States and Mexico is closer than it has ever been. We are neighbors and we are friends. Mr. President, 33 million Latinos live in the United States. The large majority, 66 percent, are of Mexican origin. In my home state of Tennessee, the Hispanic population has grown by nearly 1 million people since 1990. Hispanics are strongly represented in our Armed Forces and can claim more Congressional Medals of Honor for valor than any other group. The U.S. and Mexico are partners in NAFTA. Mexico is our second largest trading partner. The United States accounts for 60 percent of all foreign direct investment in Mexico. Mexicans living in the United States send about $9 billion a year home to their families. And more than 500,000 American citizens live in Mexico. So, today, I rise to recognize this historic day and join others in celebrating this day in this spirit. It teaches us a profound lesson: that freedom is a universal drive, and ultimately, freedom will out.