Bill Frist

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, this morning the Senate will conduct a period of morning business until 10:30 a.m., with the first half of the time under the control of Senator Daschle or his designee, and the second half under the control of the majority leader or his designee. Following morning business, the Senate will resume consideration of S. 1637, the JOBS bill. At 11:30 a.m., the Senate will vote on the motion to invoke cloture on the motion to recommit. It is my hope that cloture will be invoked and we can finish the bill this week. I encourage my colleagues on the other side of the aisle to vote for cloture so we can expedite consideration of this bill. I reiterate that we are prepared to consider amendments relating to the underlying legislation. Given the time-sensitive nature of this bill, I ask my colleagues to rethink their desire to hold up the bill with unrelated issues. It is time to pass this bill, and I hope the Senate will act accordingly. The first rollcall vote will therefore occur at 11:30 a.m., and that vote will be on the motion to invoke cloture on the motion to recommit the bill.

Mr. FRIST

Mr. FRIST. Mr. President, for some time now, the U.S. Congress has expressed its frustration over the European Union's intransigence on international trade issues that are vitally important to the U.S. economy. From overreaching attempts to regulate e-commerce, to trade barriers against American beef and other agricultural products, the EU has relentlessly pursued protectionist policies that disproportionately harm American businesses and workers. I now fear that the United States and EU are heading toward a new trade war--and that the Commission's ruling against Microsoft is the first shot. For the most part, economic growth across the European Union has been meager during this decade. No doubt this is a by-product of the global economic slow down that began in the last year of the Clinton Presidency. But as the U.S. economy achieves record-setting levels of economic growth, Europe remains stagnant. Why? Because European economies are buried by public sector debt; European economies are drained of their vitality by excessive taxation; and European economies are strangled by excessive regulation from bureaucrats sitting in Brussels. Now, as if destroying Europe's economy were not enough, the European Commission has taken aim at Microsoft, a company whose products and technology have been engines of global economic growth. The Commission's ruling imposes the largest fine ever levied by the Commission against a company--over $610 million. This fine was imposed despite the Commission's tacit admission that European law in this area is unclear, and even though Microsoft is already subject to legal obligations, under the U.S. settlement, for essentially the same conduct that was at issue in the EU proceedings. As a result, money that rightfully belongs to Microsoft shareholders will instead be filling the coffers administered by Commission bureaucrats. The Commission's ruling also requires Microsoft to sell a version of Windows without multimedia functionality--i.e., one that cannot play audio or video. Thus, the ruling forces Microsoft to spend its energies not on developing new, innovative products, but on designing a degraded version of Windows--in short, a product that no one wants or needs. This preposterous demand, by a foreign government, will hurt one of America's most successful companies and harm the hundreds of American IT companies that rely on the multimedia functionality in Windows to offer their own innovative products and services--companies that are responsible for thousands of high-paying American jobs. As the New York Times noted in an editorial last Saturday (March 20), the Commission's demands ``would threaten Microsoft's business model and, more important, harm consumers. The very definition of a computer operating system would essentially be frozen where it is today.'' In imposing this anti-consumer, anti-innovation penalty, the Commission has blatantly undercut the settlement that was so carefully and painstakingly crafted with Microsoft by the U.S. Department of Justice and several State antitrust authorities. There can be no question that the U.S. Government was entitled to take the lead in this matter--Microsoft is a U.S. company, many if not all of the complaining companies in the EU case are American, and all of the relevant design decisions took place here. Had the Commission been cognizant of America's legitimate interests in this matter, it would have acted in a manner that complemented the U.S. settlement. Needless to say, the Commission instead selected a path that places its resolution of this case in direct conflict with ours--and threatens the vitality of America's IT industry in the process. The Commission's complete indifference to the negative impact of its ruling on American jobs, American consumers, and the U.S. economy--and its total disregard of the Department of Justice--are intolerable. The European Commission has, of course, on many occasions paid lip service to the importance of international coordination in the area of competition, and on the need for other countries to be sensitive to extraterritorial effects of their antitrust rulings. But actions speak louder than words, and with the Microsoft ruling the Commission appears intent on saying that it considers the Department of Justice, the U.S. courts, and principles of open and fair international trade largely irrelevant. It is critical that the Departments of State and Justice stand up not only for an important American company, but also for U.S. industry, U.S. shareholders, and American workers. If the U.S. Government does not make a clear and strong statement objecting to the EU actions, we will lose influence and credibility for years to come to the detriment of the U.S. economy and U.S. consumers.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now proceed to a period 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 the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 323, which was submitted earlier today.

Mr. FRIST. Mr. President, this resolution concerns representation by the Senate legal counsel of five Members and four of their employees who have been subpoenaed to provide testimony and documents in a criminal trial by a defendant charged with disrupting proceedings at a hearing of the Senate Committee on the Judiciary in May 2003. These subpoenas are not well taken. As the testimony and documents sought by these subpoenas are either irrelevant or cumulative of the testimony and evidence that will be offered at trial from other sources, evidence from these Senators and Senate employees is unnecessary. Moreover, under controlling precedent, the testimony and documents sought by the subpoenas are privileged under the Speech or Debate Clause of the Constitution. This resolution would authorize the Senate legal counsel to represent the Senators and staff who have been subpoenaed by the defendant, as well as any other Members, officers, or employees who may be subpoenaed, in order to quash the subpoenas and protect the privileges of the Senate. 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, tomorrow, following morning business, the Senate will resume consideration of the JOBS bill. That is S. 1637. At 11:30 in the morning, the Senate will vote on the motion to invoke cloture on the motion to recommit. This is the second week of floor consideration of the JOBS bill. It is my hope that cloture would be invoked and we could finish the bill this week. We have been prepared to consider amendments relating to the underlying bill, but, unfortunately, extraneous amendments have been offered. Chairman Grassley has been prepared to work through the amendments that Members have mentioned and that are relevant to the issue. Rollcall votes will occur during tomorrow's session. The first rollcall vote will occur at 11:30 a.m., and that vote will be on the motion to invoke cloture on the motion to recommit the bill.

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 adjourn until 9:30 a.m., on Wednesday, March 24. 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 of morning business until 10:30 a.m., with the Democratic leader or his designee in control of the first half of the time and the majority leader or his designee in control of the remaining time; provided that at 10:30 a.m., the Senate resume consideration of S. 1637, the JOBS bill, and the time until 11:30 a.m. be equally divided between the two leaders or their designees; provided further that at 11:30 a.m. the Senate proceed to the cloture vote on the motion to recommit the bill.

Mr. FRIST

Mr. FRIST. Mr. President, today the Senate will be in a period of morning business to allow the Senators to make statements and to introduce legislation. As I announced last night, or early this morning, there will be no rollcall votes over the course of today. I do not anticipate a long session today. If Senators do wish to introduce legislation or make statements, I encourage them to do so this morning. We were able to complete the budget resolution about 9 hours ago, at 1 in the morning, or shortly after that. I thank all of my colleagues for their willingness to stay very late last night and into the early hours of the morning in order to complete our business. Truthfully, it was a very busy week, but the fact we were able to pass this budget resolution with reconciliation, the fact we were able to do a couple judges early this morning and finish business on a number of nominations, I think should bring us all a great deal of satisfaction. It is very important for us in these busy times to continue to govern, and govern well. I think yesterday represented just that. As I look over yesterday, we completed 19 rollcall votes throughout the day and evening. We had very few breaks. Chairman Nickles and Ranking Member Conrad did a tremendous job in processing the amendments and bringing the resolution to completion. I thank them for their efforts. As a reminder, the next rollcall vote will occur on Tuesday, March 23. I will have more to say on the upcoming schedule at the close of business today. Mr. President, I have several unanimous consent requests. Would the Democratic leader like to comment?

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 12 noon on Monday, March 22. I further ask that following the prayer and the 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 morning business until 2 p.m. with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. If there is no further business to come before the Senate, I ask that the Senate stand in adjournment under the provisions of S. Con. Res. 98, following the remarks of Senator Nelson for up to 10 minutes.

Mr. FRIST

Mr. FRIST. Mr. President, the Senate will next convene on Monday, March 22. No rollcall votes will occur that day. However, the Senate will resume consideration of the Jumpstart JOBS bill, also known as FSC/ETI. We have made some progress on the bill. We interrupted the bill when we took up the budget bill this week. Given the March 1 deadline on the FSC/ETI bill, which we have passed, and the implementation of sanctions, because that deadline has passed, I am concerned about our ability to pass this bill in a timely way. We must address this and it will be the first order of business when we return. It is clear that extraneous amendments may be offered and that will further complicate our ability to finish this bill in a timely and orderly way. We have already spent several days on the bill. I encourage my colleagues to stay focused. Let's address the bill in an appropriate way to complete action. Chairman Grassley and Ranking Member Baucus are still hoping to pursue an agreement to finish the bill, although I must put everyone on notice that it may be necessary to file cloture to bring this important legislation to a close. I should comment on the bill itself because people say, why the focus? Why the urgency? I mentioned the March 1 deadline--we are past the March 1 deadline--the renewed sanctions that are impacting trade right now. The bill brings our trade laws and our trade into compliance with our trade agreements. Right now they are out of compliance. People agree they are out of compliance. In addition, the bill provides badly needed reforms to further stimulate manufacturing growth. It is a manufacturing bill. On this floor every day we are talking jobs, manufacturing jobs and loss of jobs, and this bill hits directly at the heart of improving the environment for manufacturing in this country. We all know the recession hit the manufacturing sector hard, probably the hardest of any other sector. Manufacturing costs in the U.S. have been going up. They are getting higher and higher, where they have not gone up elsewhere in the world. We compete in a global economy. In my home State of Tennessee, exports have risen 26 percent since 1997, and exports support 232,000 jobs in Tennessee, and that is about 10 percent of our overall workforce in Tennessee. Some people have suggested we close our borders to trade. To me, and I think to most people, that is a declaration of defeat. We are the most creative society in the world. We are the most innovative society in the world today. Workers in the United States lead productivity when compared to all other workers in the world. If we are allowed to compete on a level playing field, U.S. manufacturers can and will compete anywhere in the world, but U.S. manufacturers currently have this additional burden of unnecessary cost. The WTO also approved the European Union sanctions against the United States. As I mentioned, that began on March 1. That is a 5-percent tariff, a 5-percent tax, a 5-percent sanction on a whole variety of U.S. goods. Again, that makes us less competitive. Thus, we need to act and we need to act now. We do not need a lot of nongermane, extraneous amendments applied to this bill. Let's stay focused on this bill itself. It has gone up 5 percent. These tariffs will increase by 1 percent a month to a high of 17 percent next year if we do not act and repeal these export subsidies. That, again, is another cost to U.S. manufacturing. There are pending amendments, and others may be offered that day, and therefore Members are expected to come to the floor for debate throughout the day. The next vote will occur on Tuesday. As always, we will notify Members when we lock in a time certain for that rollcall vote. I do thank everyone one last time for their hard work and their long hours this week. I thank the pages. They have done a tremendous job for us, from early in the morning until late at night; to the police, to all the clerks, again from hours before we start until well after we complete our business on the floor; and to all those who are behind the scenes and keep this wonderful building and institution functioning. We do not have the opportunity to thank them very much, and I hope in telling that story of the importance of thank-yous, I do say thank-you to all the people who provide the infrastructure that allows us to carry out real democracy at its best.

Mr. FRIST

Mr. FRIST. Mr. President, as in executive session, I ask unanimous consent that the injunction of secrecy be removed from the following treaties, which I will send to the desk, and that were transmitted to the Senate on March 12, 2004, by the President of the United States. I further ask unanimous consent that the treaties be considered as having been read the first time; that they be referred with accompanying papers to the Committee on Foreign Relations and ordered to be printed; and that the President's messages be printed in the Record. I now send that list to the desk. The list is as follows: Investment Protocol with Estonia (Treaty Doc. 108-17); Additional Investment Protocol with the Czech Republic (Treaty Doc. 108-18); Additional Investment Protocol with the Slovak Republic (Treaty Doc. 108-19); Additional Investment Protocol with the Latvia (Treaty Doc. 108-20); Additional Investment Protocol with Lithuania (Treaty Doc. 108-21); and Additional Protocol Concerning Business and Economic Relations with Poland (Treaty Doc. 108-22).

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 any statements relating to the bill be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 2022.

Mr. FRIST

Mr. FRIST. Mr. President, I understand that Senator Edwards has an amendment at the desk. I ask unanimous consent that it be considered agreed to, the resolution, as amended, be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating thereto be printed in the Record as if read, without intervening action or debate.

Mr. FRIST. Mr. President, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of S. Res. 307, and the Senate proceed to its immediate consideration.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 2043.

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 any statements relating to the bill be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 1904.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that, at a time to be determined by the majority leader, in consultation with the minority leader, the Senate proceed to consideration of H.R. 1997, a bill to protect unborn victims of violence, and that the bill be considered under the following limitations: that the following amendments be the only first-degree amendments in order, with the specified time limitations: Feinstein, Motherhood Protection Act, which is at the desk, 4 hours equally divided; Murray, domestic violence prevention, which is at the desk, 2 hours equally divided; and that there be an additional 30 minutes of debate equally divided on the underlying bill. I further ask consent that no second-degree amendments be in order to the Feinstein and Murray amendments; and that upon disposition of all amendments, the bill, as amended, if amended, be read a third time, and the Senate proceed to a vote on passage, without any intervening action or debate.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the Senate concur in the House amendment, the motion to reconsider be laid upon the table, and any statements relating to the bill be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Chair lay before the Senate a message from the House of Representatives on (S. 1881) to amend the Federal Food, Drug, and Cosmetic Act to make technical corrections relating to the amendments by the Medical Device User Fee and Modernization Act of 2002, and for other purposes. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 1881) entitled ``An Act to amend the Federal Food, Drug, and Cosmetic Act to make technical corrections relating to the amendments made by the Medical Device User Fee and Modernization Act of 2002, and for other purposes'', do pass with the following amendment: Strike out all after the enacting clause and insert: