Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Grassley amendment at the desk be agreed to, the committee substitute, as amended, be agreed to; the bill, as amended, 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. As in executive session, I ask unanimous consent that the nomination of Rhonda Keenum of Mississippi to be Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service, received on Tuesday, December 9, 2003, be jointly referred to the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs.

Mr. FRIST

Mr. FRIST. As in executive session, I ask unanimous consent that the injunction of secrecy be removed from the following treaties transmitted to the Senate on December 9, 2003, at 3:18 p.m., by the President of the United States: Additional Protocol to Investment Treaty with Romania (Treaty Document No. 108-113), and Taxation Convention with Japan (Treaty Document No. 108-14). I further ask 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 in order to be printed, and that the President's messages be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I had the opportunity to take my wife Karyn to the Kennedy Center Honors, which is an annual tradition here. It is really a remarkable evening--a 2-day event--where America celebrates cultural icons. Most of them have been recognized before. But in that special gathering and in that beautiful building, the Kennedy Center, it takes on a really special meaning I think for us in this body, in the U.S. Congress, for those of us here in Washington, but indeed for people around the world as they see it replayed just after, I think, December 26. While I was there, I couldn't help but to reflect as I watched one of country music's greats, Loretta Lynn, receive her honor. An issue that affects the State of Tennessee but indeed which affects people throughout the United States of America deals with intellectual property rights. The State of Tennessee is known the world over for its vibrant musical heritage. It is the home of the Grand Ole Opry and the Country Music Hall of Fame. Indeed, Tennessee has produced some of the greatest popular pioneers of all time. Indeed, Tennessee has produced Elvis Presley, Johnny Cash, Loretta Lynn, Dolly Parton, and the list goes on. Those who grew up in Nashville had that opportunity to go by on a regular basis and experience the music at the wonderful Ryman Auditorium, where the Grand Ole Opry was housed for so many years. In the next few weeks, we will have the pleasure of hearing renditions of many of these artists with their Christmas carols played over the airwaves all across this country and even all across this globe, in shopping malls just about everywhere the holidays are celebrated. The music community that creates these opportunities and this joy is being threatened. In these closing minutes, I bring that to the attention of my colleagues. It is being threatened by those who love it so much, who appreciate it so much; that is, the millions of people who are downloading billions of illegal music files. I have had the privilege of meeting diverse groups of leaders from the music community on several occasions, but the focus has been to discuss the effects of piracy on the music industry. It is huge. It is far reaching. It is the artist, it is the record companies, it is the performing rights organizations, it is the publishers. The bottom line is clear: Piracy is greatly impacting the music community. The situation is, indeed, growing worse. Online music piracy is out of control. Currently, every month, 2.6 billion music files are downloaded illegally using peer-to-peer networks. It is not unusual for albums to show up on the Internet before they make it to the record stores. The music industry is losing $4 billion a year to piracy, and that dollar figure is growing every day. Most alarming, there is an entire generation of young Americans who believe that downloading online music is acceptable, it is the norm, it is legal, like being your own personal DJ without ever having to buy a CD. Piracy affects more than just the music industry. It affects that larger element of intellectual property. It includes the movie industry, it includes the software industry. Indeed, the numbers are staggering. According to a report released by the International Intellectual Property Alliance, U.S. copyright industries--and that includes music, movies, books, and software--contributed $535 billion to the U.S. economy in 2001. They collectively employ over 4.7 million workers. They generate almost $900 billion in foreign sales, making intellectual property one of our largest exports. Other countries often do not respect our copyright laws. They allow mass copying of music and other works. For example, it is estimated that an astounding 92 percent of business software used in China is pirated. In my travels to Asia several months ago, I directly stressed the importance of protecting our copyright laws to the leaders of China and Taiwan and Korea, the countries I visited. Copyright pirating is costing our economy billions. As leaders, we must educate the public that illegally downloading music or copyrighted material is stealing, straight and simple. Most people would never steal a CD from Wal-Mart, but they do not think twice before burning a CD from illegally downloaded music. People forget that an artist's song is just like a baker's loaf of bread; it is their creation; it is their livelihood. While the future of the music industry lies with the merging technology, the industry simply cannot survive if Internet piracy steals its value any more than a shop owner can survive having their inventory stolen from under him or her every week or a restaurant owner can afford in some way to serve meals for free. Eventually, unabated piracy will dry up income. It drives away the creative spirit. It drives away artists. It destroys the enterprise of making recorded music. Fewer artists, less music. It is that simple. Less music on our airwaves, on the Internet, in the public square, any place you can think of where recorded music is played and enjoyed, including on your own Walkman when you jog or run. Piracy ends up hurting us all, music lovers and music creators alike. I ask my colleagues to watch this issue closely. We can help educate the public about both the illegality of piracy and its effect on our economy and our creative culture. It is our responsibility to do so. And we can encourage consumers to download music from legitimate online fee services. There are several sites that are up and running, and I encourage the industry to continue to work hard to improve their online products to meet consumer demand. There is no better time to reflect on the impact of American recorded music than during these holidays. When we hear Bing Crosby's ``White Christmas'' or Duke Ellington's ``Jingle Bells'' or Burl Ives's ``Rudolph the Red Nosed Reindeer,'' we are hearing not just another American Christmas classic but a part of America's creative legacy, the recorded music industry, one of our greatest exports to the world.

Mr. FRIST

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

Mr. FRIST. Mr. President, I want to talk a little bit about the 108th Congress because we are about to draw to a close once we complete some of the final paperwork. I think it is a good time for me to review just a bit of what we have been able to accomplish and what has been really a truly exceptional legislative session. People have worked very hard; they have stayed very focused, and I believe anyone looking back will have to say that over the last 11 months we really have been able to serve the American people well and, in many ways, capped by the historic enactment of the Medicare prescription drug bill just yesterday. For the first time in the 40-year history of the Medicare Program, with which I am very familiar because of my profession before coming to the Senate, Medicare will offer prescription drug coverage, which is the most powerful tool in American medicine today. That will be offered to America's 40 million seniors and individuals with disabilities through the Medicare Program. It is a monumental achievement that I can stand before this body today and say we have accomplished with the signing of that Medicare bill yesterday. America's seniors will also have, for the first time, the option under Medicare of choosing a health care plan, or the type of coverage that can best suit their individual needs. Everybody's individual needs are very different. We have moved Medicare in the direction that allows this sort of flexibility, the individual attention, the responsiveness to individual needs. The seniors and the individuals on disability will now have that choice. These are reforms. This is a modernization, a strengthening and improving of Medicare, but they are indeed reforms. That is why I say this is a monumental piece of legislation. It is the most significant reform since the beginning of that program in 1965. Although there was a lot of what I guess you could call partisanship expressed in the development of the bill, it was healthy debate on both sides; and ultimately the bill was generated by the hard work and dedication of both sides of the aisle. I thank my fellow Senators, my colleagues, for their leadership and praise them for stepping forward and addressing an issue that so directly impacts the 40 million seniors and the almost 80 million baby boomers who will be coming through over the next 30 years. It is that responsiveness, with action and with solutions, that indeed makes me proud as a Senator, and especially as majority leader of the Senate. It is an honor to be able to go back to the American people and say we delivered. It is not perfect. Everybody knows it is not perfect. But we delivered on what affects your lives in terms of your needs and in a way that is reflective of the tremendous talent in this body. Back in January, we set an ambitious agenda. We said we needed to get the economy back on track; we needed to lend the critical support of this body to the war on terror; we needed to promote public health here as well as abroad. Most colleagues have heard me say that our mission under the current leadership is to move America forward and in a way that serves the cause of freedom and the cause of liberty. You can write it on a little card and carry it in your pocket. It is simple and easy to understand. That is what we collectively in this body set out to do--to expand freedom, to expand opportunity, to strengthen Americans' security. Eleven months later, in looking back, we have done just that. We have made great strides on those goals, but it is sort of a halfway point. We set goals and we are moving toward them aggressively. We did so by respecting the longstanding Senate values of civility and trust--again, with healthy debate but civility and trust. By building strong and reliable and dependable relationships, each of us is going to be able to go home and visit with our constituents and with the families, the people who elected us, and be proud of the accomplishments we have achieved over the last 11 months. The year started out with us having to pass 12 of the 13 spending bills left undone by the previous Congress. We passed 11 of those bills in just the first 3 weeks. We also passed a budget to establish a blueprint of creating jobs, of investing in homeland security, of investing in education, of providing a Medicare prescription drug benefit and coverage, offering health insurance as well for America's children. With that unfinished business of the last Congress complete, we turned our attention to the President's jobs and growth agenda. Indeed, working with the President and under the President's leadership and his vision, we passed $350 billion in tax relief this year which is the third largest tax relief package. The third largest tax cut in the history of this country this Congress passed. Everybody--all of my colleagues, people listening now, people who will read the Congressional Record in the next several days--everybody who is paying taxes pays less taxes today than they did 11 months ago. It was across the board. Yes, it was capital gains; it was affecting the marginal rates as well across the board. Mr. President, 136 million hard-working taxpaying Americans had their taxes cut. It did focus on families as well. We increased the child tax credit from $600 per child to $1,000 per child. We accomplished that this year. A lot of people don't realize those rebate checks were sent out immediately and, as a result, this summer 25 million families received checks from the U.S. Treasury of up to $400 per child, going from $600 to $1,000, and an additional check of $400. In total, we returned 13.7 billion tax dollars to families all across the country. That was just the start. Under that Jobs and Growth Act of 2003, a family of 4 making $40,000 will see their taxes reduced by $1,130 this year. Of the overall $350 billion in tax cuts in fiscal relief, the bulk of it was moved forward, and nearly $200 billion, fully 60 percent, is provided this year and next. There have been critics of the tax cut. Some say $1,300 is not a lot of money you are returning; $1,300 is just not a lot; that is not going to make a big difference in somebody's life; and it wouldn't make a big difference if the bureaucrats took it away again. Tell that to the families working hard every day to raise children in this day and time, those families who are working hard to pay those household expenses. They are working hard just to have a little bit of money to take their family on vacation. I can almost guarantee that the U.S. Treasury didn't get a flurry of checks in the mail from families who said: No, I don't need that check you just sent me; no, America's families can use it. And they did use it. Small business owners, as well, got a major boost from the tax package. Mr. President, 23 million small business owners who pay taxes at the individual rates saw their taxes lowered. We quadrupled the expense deduction for small business investment. It had a huge impact. We receive e-mails and letters every week about the impact this single issue, this expense deduction has for small business investment. I think we all know small business owners are the engine of growth; they are the heart of the American marketplace. Workers and consumers depend on that small business sector to generate jobs, products, and services. Small business innovators create as much as 60 percent to as high as 80 percent of new jobs nationwide, and they generate more than 50 percent of the gross domestic product of this country. By cutting taxes and by encouraging investment, we are helping unleash a tremendous economic power in this country: the economic power of individuals working together in their small businesses. Taken together, this year's tax cut and the tax cuts of 2001 are providing an astonishing $1.7 trillion in tax relief over the next decade. We are beginning to see the results. We have already seen those results. We are right now in the midst of a strong economic recovery. Again, compared to 11 years ago, the jobs and growth package, the unleashing of the potential of small business and midsize and large business, of unleashing that individual hard work and spirit, we have an economic recovery. Consumers today have more money in their pockets. Consumers' sentiment rose in November to the highest level since May 2002, and businesses, as well, are optimistic about the direction of the country, and with good cause. Economic growth--again, I am comparing it to 11 months ago--economic growth in the third quarter soared--and that is the best word, ``soared''--at an incredible rate of 8.2 percent. That is the largest third quarter increase since 1984, in just about 20 years. There is more money in one's pockets; disposable income is up 7.2 percent for the third quarter, and consumer spending is up a whopping 6.6 percent, the biggest third quarter growth since 1988. This November, sales of previously owned homes hit their third highest level on record. The National Association of Realtors reports that previously owned home sales rose 3.6 percent to a record annual rate of nearly 7 million units in September. Meanwhile, housing starts are nearing a 17- year high. I should repeat that. Housing starts are nearing a 17-year high. The association credits the phenomenal growth in home sales to ``the powerful fundamentals that are driving housing markets: household growth, low interest rates, and an improving economy.'' This is great news for America's families and, incidentally, for America's businesses. When a family buys a home, their purchase not only benefits a community, it sets off a whole chain of purchases that help fuel the economy. They have to buy that living room furniture. They have to buy those kitchen appliances. They have to buy new beds and new curtains. They buy that washer and dryer. All of this is reflected in these new housing starts. Many related industries benefit from one family's momentous and gratifying decision to do what all of us envision as the American dream, and that is to buy a home. Not only is individual consumption up, but the business sector is showing impressive signs of recovery. Nonresidential recovery is up 10 percent, business investment went up 11.1 percent in the third quarter, and productivity soared by 8.1 percent, its highest level in 20 years. Businesses are rebuilding their inventories, and they are retooling their factories. And all of this economic activity ultimately leads to jobs. Indeed, the labor market appears to be stabilizing, and the economy is finally providing Americans with those much needed jobs. Over the past 3 months, 286,000 new jobs came on line. In October alone, 126,000 jobs were added. Meanwhile, since the initial tax cut, initial claims for unemployment insurance have gone down more than 10 percent, and if we look just at the week ending November 1, unemployment claims hit a 34-month low. Finally, there is good news for individual State treasuries. Their budget gap of nearly $20 billion at the beginning of the last fiscal year has now declined to a budget gap of less than $3 billion--$20 billion down to $3 billion for the beginning of this fiscal year. States are just beginning to see revenue surprises in their estimates. Whether it is consumers or whether it is businesses, all are optimistic about America's economic direction. Inflation is low, interest rates are low, and American taxpayers have more of their hard- earned money to spend and to save as they choose. And they have more and more opportunities to secure the jobs they need. This body will continue to champion fiscal policies that strengthen the economy and create jobs. We will also continue to pursue fair and free trade policies that increase consumer buying power, that stoke that economic furnace. I can list all sorts of examples, such as the free trade agreements we passed this year with Chile and Singapore. These and other policies, indeed, are maximizing freedom, are expanding the opportunity for every American--indeed, are moving America forward in a way that serves the cause of liberty. That leads me to national security. Our mission to expand freedom and opportunity applies not just to our economy but to national security as well. We know that freedom cannot find its fullest expression under a threat of terror. Likewise, terror cannot spread where freedom reigns. This is why this year America took the extraordinary action of toppling Saddam Hussein and his terrorist-sponsoring regime. In 3 short weeks, men and women of the United States military, with the support of 49 nations, swept into Baghdad, ending three decades of ruthless rule and terror. In the months since, our soldiers have worked tirelessly. Our thoughts and prayers are with them as we enter this new holiday season. They have worked and continue to work under dangerous conditions. They are working with that focus of helping the Iraqi people build a democracy. Our soldiers have rebuilt schools. They have rebuilt hospitals. They have rebuilt electrical grids, pipelines, and roads. They are training the Iraqi police forces to patrol the streets and to hunt down terrorists. Every day our troops are helping the people of Iraq and Afghanistan move forward, becoming free and open societies. To support their efforts, this body acted. We passed the President's $87 billion war supplemental this year. We did so because we recognized that investing in the future of Iraq and Afghanistan is an investment in our security. September 11 taught us a really cruel lesson. We learned that we cannot wait in this country while storms gather. As the President said, the Middle East region will either become a place of progress and peace or it will remain a source of violence and terror. I repeat that quotation: The Middle East region will either become a place of progress and peace or it will remain a source of violence and terror. This year, we in the Senate took bold action to support the war on terror because we are determined that progress and peace take root. The Middle East is not the only region where we are working to bring stability. In this session, in this body, we passed the Burmese Freedom Act and the Clean Diamond Act to promote peace and freedom. We also took the historic action of dedicating $15 billion to drive back, to fight, and to eventually eradicate the HIV/AIDS virus. That little virus that I have talked a lot about on this floor did not exist, as far as we knew, until the early 1980s, which is not that long ago. Since that period in time, that little virus has killed a million people, killed 5 million people, killed 10 million people, killed 15 million people, killed 23 million people over the last 20 years. As a physician, as one who participates in medical mission trips to Africa--indeed, around the world, but predominantly to Africa--on a regular basis, I am especially gratified by this body demonstrating its compassion on this issue. Millions of lives have been cut short by this scourge, and we responded. It is a new problem around the world and it is a problem that we, following the leadership of the President of the United States, are addressing with the full might and power and boldness of this body. Countries have lost whole midsections and swaths of their population. In my trip to parts of Africa, we took a Senate delegation into August and September of this year and we saw this whole midsection of a population where, yes, there are young people running around but they have lost their parents and there are older people who are typically grandparents but the whole midsection of a population has literally been wiped out. I have said it many times, and I will continue to say it because we need to make Americans aware, that to my mind HIV/AIDS is the greatest moral, humanitarian, and public health challenge of the last 100 years. The good news is that this body has responded. By passing the global HIV/AIDS bill, we are helping to prevent 7 million new infections, provide antiretroviral drugs for 2 million HIV-infected people, care for 10 million HIV-infected people and AIDS orphans, and bring hope to millions of people around the world. Our leadership serves as an example for every government in the world today. It is not just in Africa. Actually, the fastest growing rates are not in Africa. We see it in elements of the Caribbean and we see it in Russia. Just a few minutes ago, I had the opportunity to meet with the Premier of China, and we were talking about HIV/AIDS. It is really unprecedented. I cannot help but think that the President of the United States, with the leadership in this body and the House of Representatives, has contributed to that global understanding, that global leadership, which will allow us eventually to reverse the tide of destruction of this virus. Our work in passing this critical legislation does demonstrate that the United States of America places a high value on life. We have responded. We have a lot more to do in this regard, but we have responded with that boldness. History will judge how we responded, and in this Congress we have responded in that bold fashion. We have taken the necessary actions. We have also addressed other sorts of life-related issues in this Congress. We have made the right choice to end that morally reprehensible practice of partial-birth abortion. This body and the House and various administrations have talked about outlawing this objectionable--I would say abominable--procedure, but we delivered. This body delivered and no longer, as I stand here, is that practice of partial-birth abortion legal. Eleven months ago, it was legal; it was performed and unnecessary lives were taken. Today, it is against the law. We did it, I should say, with an overwhelming majority in this body. We voted to end this immoral and medically unnecessary procedure and say yes to life. This Senate can be proud of many strides taken in the 108th Congress to protect those most vulnerable among us. Again, I add that partial- birth abortion really demonstrates that. In addition, there was other legislation, such as Amber Alert. In January, we passed legislation to establish the National Amber Alert. Law enforcement now--and they did not have it at the beginning of this year--has another tool to work with the public. Governments and law enforcement can now work together to be able to find missing children. Another example: In June of this year, we passed legislation to protect the victims of child abuse. We also voted to extend welfare reform to help lift families out of poverty. There was Medicare reform, jobs and growth tax cuts, the Iraqi war supplemental, the global HIV/ AIDS bill. In January, we set our sights high, and I would argue that we exceeded expectation. We are moving America forward, and we will continue to do so in the coming months because there is a lot more to do. I go through this sort of partial discussion of what we have accomplished in terms of jobs and growth, health care, the value of life issues, and global HIV/AIDS in part to reflect. It is important for our colleagues because we have been working pretty hard, we have been going pretty much nonstop, especially over the last couple of months, and I do want to encourage our colleagues to look back and say that, yes, we are making progress, but there is much to be done. I do want to really just project out a little bit about where I think we will be going in the next Congress as we come back in January. We will build on the success of this year's appropriations process and we will tackle all 13 appropriations bills so that Government can perform its basic function to serve the people. Beyond appropriations, we still must pass a comprehensive energy plan. We have been debating national energy and national energy policy for 3 years. During the last Congress, we spent a total of 7 weeks debating energy on the Senate floor. In this Congress we spent more time debating energy than any other bill. More time than any other bill we debated energy on this floor. Yet despite all this time devoted to debate, there still remains a small contingent, a minority in this body I should add, that continues to obstruct progress. While this small group insists on yet more debate, national gas prices keep rising to even higher levels. U.S. chemical companies are closing plants. They are laying off workers. They are looking to expand production abroad because of high energy prices. The United States is expected to import approximately $9 billion more in chemicals than it exports this year. American consumers are getting hit with higher electric bills and small businesses are struggling to contain costs, all because of rising energy prices. So we have to pass an energy plan, and we will pass an energy plan when we return. Not only will the energy plan lower prices, it will save jobs and it will create thousands more. It is estimated the energy package will create half a million jobs. The Alaskan pipeline alone will create at least 400,000. The hundreds of millions of dollars that will be invested in research and development of new technologies will not only benefit the environment but will create new jobs in engineering, math, chemistry, physics, and science. We simply cannot allow the obstruction of a few in the Senate to continue to harm the interests of millions of Americans. I do use that word ``obstruction,'' and indeed I use it purposely because we saw it used to an alarming degree in this Congress, no more so than, as we demonstrated on this floor to the American people, now several weeks ago, in the consideration of the President's judicial nominees. Here obstruction has become a tool to undermine the democratic process itself. It, too, is a new problem. For the last 200 years we have never seen the filibuster used to stop and to obstruct and to deny Senators an up-or-down vote on Presidential nominees. A minority of Senators in this body today, this year, unlike in previous Congresses, is denying all 100 of us their constitutional duty--it is spelled out in the Constitution--to give advice and consent. We took that opportunity, now, several weeks ago, to make it plain to the American people. Yes, we worked around the clock. We had the 40- hour debate. We held it in October on three of the President's judicial nominees, and after 40 hours of debate to fully consider the eminently qualified candidates for the bench, the minority refused to allow us that very simple request--not approval of them all but simply an up-or- down vote. Yes, this is obstruction. It really can't be described as anything but obstruction, and I would argue plain partisan obstruction. It is something we will continue to fight and we will not give up until we can break that partisan obstruction which is new to this wonderful institution, and it is something we must take back to what has been both the tradition and the culture of the last 200 years. When we return in January we will continue to press for the fair consideration of the President's judicial nominees. Again, the fair consideration--advice and consent, a simple vote. People can vote against or they can vote for, but just allow us to vote. As we pointed out several weeks ago, the democratic process itself, as enshrined in the United States Constitution, is at stake. We will also continue, as we look forward, to press for policies that expand and strengthen our economy. This session we did pass, as I outlined, smart, progrowth fiscal policy, and we are already beginning to see those results. But there is still a lot more to do. We have to address, and we will address in the next year, the frivolous lawsuits that we all know are clogging our State courts. They are unnecessarily wasting our taxpayer dollars, and that gets reflected in inhibiting, almost straitjacketing businesses, especially small businesses. It straightjackets that entrepreneurial spirit that we know bubbles underneath here in the United States of America. It is that entrepreneurial spirit; it is that innovation and creativity that creates jobs. Yet we have a tort system, mainly reflected in these frivolous lawsuits, which keeps it contained, keeps it trapped. In my own area of medicine, for the first time in a long period of time this past summer we addressed the medical liability issues with a freestanding bill. It is going to come back and it is going to keep coming back until we solve this unnecessary problem which affects access to care, to quality care, as we see trauma centers closing, as we see obstetricians no longer delivering babies. Again, it is a problem that can be reversed, and in this body we have a responsibility to reverse it. And we will. America is a country that values its citizens and we will return fairness to the litigation process. We will also work to return fairness to the tax system. We will press for reforms to simplify the Tax Code. We will work to extend the tax credits passed in the Jobs and Growth Act. The work opportunity tax credit, for example, offers tax incentives to hire unemployed workers and welfare recipients. Not only is this smart, progrowth fiscal policy, it also is compassionate social action. Fairness and compassion also demand that we permanently repeal the Federal death tax, the estate tax. Americans who work hard their whole lives, who save and who invest, who start those small businesses which become that engine of economic growth, those individuals who contribute to America's economic vibrancy, simply should not be punished for their success. That is what the death tax does. No son, no daughter should have to sell that family home to pay the death tax collector. It makes no sense, it is unfair, and it discourages productive economic activity. We will address it and ultimately we will win. Compassion also demands that we turn our attention to fine-tuning the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Since it was enacted 7 years ago, welfare reform has helped to lift millions and millions of families out of poverty. There are over 3.5 million fewer people living in poverty now than in 1995, a year before welfare reform was passed. Welfare caseloads have declined to one-half. When we return next year, we will look for ways to build on this success so that more families can have a fair chance at the American dream. We will also address that important issue, and an issue, again, I talk a lot about, and that is the problem of the uninsured. The increasing number--again, you will see this body is beginning to address those areas, those problems where the problem is getting worse over time, and the uninsured is just that area. It is an increasing number of uninsured, people without health insurance. Clearly, this problem represents one of the most daunting policy challenges facing our Nation. As a physician, I saw firsthand how the lack of insurance, the lack of coverage, puts forth the significant barriers to quality health care, including such things as basic as preventive services. The lack of affordable health coverage is also one of the key factors contributing to health care disparities among minorities among other medically underserved populations. I asked my colleague the Senator from New Hampshire, Mr. Judd Gregg, to lead the Senate Republican task force on this pressing issue, the uninsured. He will report back with a series of recommendations for modification, for strengthening, for reform next year. Next year we will also continue our efforts to improve America's public educational system. We are committed to improving Head Start to make sure that Head Start children enter school with the same tools and the same skills as their economically advantaged peers. We are also committed to expanding access to college education for every American student who seeks it, and for special education students we will work to pass comprehensive legislation that protects their educational rights as well. Education, as we all know, is the heart and soul of America's success. Our abundance, civic life, and democracy demand and depend directly on a thriving and educated citizenry. Education, the uninsured, tax policy, welfare reform, litigation reform, judicial nominees, energy, and appropriations are just some of the challenging issues we will be addressing next year. I am confident that next year, just as this year, we will be able to meet ambitious goals. In closing, each day that I have the opportunity to walk into this great institution, I am humbled. Indeed, I am inspired. I am humbled mostly by the great men and women who have come before and inspired by their example. In his 1862 address to Congress, President Lincoln told the assembled legislators that ``America is the world's last best hope.'' Those words have never ever been truer than they are today. I am confident that we will face the challenges ahead with honor and with courage for the simple reason that we are Americans. I yield the floor. I suggest the absence of a quorum.

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. 132, 199, 200, 316, 410, 417, 419, 421, 434, 435, 451, 452, 453, 454, 456, 458, 459, 460, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475, 476, 477, 479, 483, 485, 486, 487, 489, 491, 492, 493, 494, 510, 526, 527, 529, 532, and 474. Nominations Discharged I further ask unanimous consent that the following nominations be discharged from the Foreign Relations Committee and the Senate proceed to the nominations en bloc: David Mulford, PN 1110; James Oberwetter, PN 1113; further, that the following nominations be discharged from the Banking Committee and the Senate proceed to their consideration: April Foley, PN 1155; Joseph Max Cleland, PN 1154. I further ask unanimous consent that the nominations be confirmed en bloc, the motions to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. FRIST

Mr. FRIST. Mr. President, I wish to comment very briefly on the nominations. We have made real progress as we were able to clear the degree of nominations that we did. There are several district judges I would like to have cleared, but the understanding is that when we come back we will be able to address those very early on. That is the understanding we reached this afternoon. These judges are very important for us to address. We will be addressing those as soon as we come back.

Mr. FRIST

Mr. FRIST. Mr. President, as in executive session, I ask unanimous consent that during the upcoming adjournment of the Senate, all nominations remain status quo, with the following exceptions which I send to the desk: Colonel Quelly, PN 273-108; Colonel Rubino, PN 299- 108; Brigadier General Meyer, PN 750-108; Colonel Baldwin, PN 1035-108; Claude Allen, PN 92 and PN 534; Jeane Kirkpatrick, PN 788; Louise Oliver, PN 943; Peter Eide, PN 617 and PN 104; Neil McPhie, PN 103; Calendar Nos. 219, 233, 234, 235, 236, 480, and 484.

Mr. FRIST

Mr. FRIST. Mr. President, in the weeks leading up to the Thanksgiving holiday, and in the time since then, we have been trying to reach an agreement with respect to pension funding rules. As many of my colleagues are aware, the temporary pension discount rate relief we enacted in 2001 expires at the end of this year. There is virtually unanimous agreement that we need to replace the outdated 30 year treasury bill rate with a long-term corporate bond rate. However, absent some action by the House and the Senate, the statutory rate that pension plans must use to calculate their assets and liabilities will snap-back to the old 30-year rate. This will result in companies with pension plans having to assume that they will be making large contributions to their plans in the year to come. Equally important, in my view, has been an effort to provide relief from the deficit reduction contribution, DRC, requirements that certain plans are now facing. Under the current pension funding rules, companies that offer defined benefit pension plans are required to make additional contributions to those plans when they are less than 90 percent funded. A pension plan's funding level is determined by comparing the plan's current assets to its promised benefits and then calculating whether the two will match up by the time the benefits promised are due. The recent drop in the stock market, low interest rates, and generous pension benefits agreed to in better times have caused many defined benefit pension plans to fall well beneath this 90 percent threshold. As a result, many companies are being required to make substantial additional contributions at the time they can least afford them. The Finance Committee-reported bill, which I support, included 3 years of DRC relief. Despite our best efforts, it is clear that we will not be able to reach an agreement before the end of the year. We have, however, entered into a unanimous consent agreement that gives us a plan for addressing this issue when we return early next year. It is my belief that this issue can be wrapped up with one or two days of debate and that a conference agreement should follow shortly thereafter. Replacing the current 30-year Treasury rate with a long-term corporate bond rate is a critically important issue, not only to the companies themselves but their employees as well. Equally important, however, is the broader pension bill upon which Senator Grassley and Senator Baucus have worked so hard. Resolution of this more immediate issue is but a precursor to consideration of the larger pension reform bill. And even this is but a prelude to an effort to take a broader look at our nation's pension funding rules with an eye toward making more systematic reforms. I look forward to a spirited debate next year as we take the first step in this broader undertaking.

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. 3108, the House- passed pensions bill, and that it be considered under the following limitations: That the only amendments in order be relating to the following topics: pension discount rate, deficit reduction contribution relief, multi-employer plan relief. I further ask that the following amendments be the only first-degree amendments in order and that any second-degree amendments be relevant to the first-degree amendment to which they are offered: No. 1, Frist-Daschle managers' amendment; three amendments by the majority leader or his designee; and three amendments by the minority leader or his designee.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that notwithstanding the Senate's adjournment, committees be authorized to report legislative and executive matters on Friday, January 9, 2004, from 10 a.m. to 12 noon.

Mr. FRIST

Mr. FRIST. My friend is correct. The challenges and questions our nation faces today are different than those faced by our founders. But they are, in many ways, just as profound. The great principles of democracy are what unify us as a people and bind us together as a nation. They are what gives us the strength to face the challenges of a complex world as one people. And, as my friend noted, they are what has made it possible for us to preserve the miracle of Philadelphia and keep our republic for more than two centuries. I look forward to working with the distinguished democratic leader and with our colleagues in the House leadership to prepare for next year's conference. I also look forward to working with my fellow Tennesseans to see that our State produces an outstanding State action plan before that conference.

Mr. FRIST

Mr. FRIST. Mr. President, as the 108th Congress draws to a close, I would like to take a few moments to reflect on the tremendous progress this Senate has made in moving America forward. Leading the Senate is an honor and a pleasure, made all the more so by working with such talented people. I thank my fellow Senators for their dedication. It has been an exceptional legislative year. Back in January, we set an ambitious agenda. We resolved to put the economy back on track; lend critical support to the war on terror; and promote public health here at home and abroad. Our mission was to expand freedom and opportunity, and strengthen America's security. In 11 short months we have made major strides towards those goals. And we did so by respecting the longstanding Senate values of civility and trust, by building strong and reliable relationships, and by committing ourselves to action. Each of us can go home this holiday season proud of our accomplishments. We first set to work passing spending bills left undone by the previous Congress. We passed 11 of those bills in just 3 weeks. We also passed a budget to establish a blueprint for creating jobs, investing in homeland security and education, providing Medicare prescription drug coverage and offering health insurance for our most vulnerable citizens, America's children. With that unfinished business of the last Congress complete, we turned our attention to the President's jobs and growth agenda. Under the President's leadership, we passed $350 billion in tax relief, the third largest tax cut in history. We cut taxes, across the board, for 136 million hard-working, tax-paying Americans. For America's families, we increased the child tax credit from $600 per child to $1000 per child, and made sure that money was sent out right away. As a result, this summer, 25 million families received checks from the United States Treasury of up to $400 per child. In total, we returned $13.7 billion to families across the country. But that was just the start. Under the Jobs and Growth Act of 2003, a family of four making $40,000 will see their taxes reduced by $1,133 this year. Of the $350 billion in tax cuts and fiscal relief, nearly $200 billion, fully 60 percent, is provided this year and next. Some critics of the tax cut say $1,300 is not a lot of money, that it would not make much difference if the bureaucrats took it away again. Tell that to the family working hard to raise their children, keep up with household expenses, and have a something left over for a family vacation. I am fairly certain the United States Treasury did not get a flurry of child tax credit checks in the mail from families who said they didn't need it. Small business owners, too, got a major boost from the tax package. Twenty-three million small business owners who pay taxes at the individual rate saw their taxes lowered. And we quadrupled the expense deduction for small business investment. Small business owners are the heart of the American marketplace. Workers and consumers depend on the small business sector to generate jobs, products, and services. These innovators create 60 to 80 percent of new jobs nationwide, and they generate more than 50 percent of the gross domestic product. By cutting their taxes and encouraging investment, we have helped unleash their tremendous economic power. Taken together, this year's tax cut and the tax cuts of 2001 are providing an astonishing $1.7 trillion in tax relief over the next decade. And we are already beginning to see the results. We are now in the midst of a strong economic recovery. Consumers have more money in their pockets. And businesses are, once again, optimistic about the direction of the economy. Economic growth in the third quarter soared at an incredible 8.2 percent annual rate. This is the largest third quarter increase since 1984. Real disposable income is up 7.2 percent for the third quarter, and consumer spending is up a whopping 6.6 percent, the biggest third quarter growth since 1988. Last month, sales of previously owned homes hit their third-highest level on record. The National Association of Realtors reports that previously owned home sales rose 3.6 percent to a record annual rate of nearly 7 million units in September. Meanwhile, housing starts are nearing a 17 year high. The association credits this phenomenal growth to ``the powerful fundamentals that are driving the housing market, household growth, low interest rates and an improving economy.'' This is great news for America's families and for America's businesses. When a family buys a home, that not only benefits the community, it sets off a chain of purchases that fuel the economy: living room furniture, kitchen appliances, washer and dryer, and on and on. In short, many other industries benefit from the one family's momentous and gratifying decision to buy a home. Not only is individual consumption up, the business sector is showing impressive signs of recovery, as well. Non-residential investment is up more than 10 percent. Business investment went up 11.1 percent in the third quarter, and productivity soared by 8.1 percent, its highest level in two decades. Businesses are rebuilding their inventories and retooling their factories. And all of this economic activity is ultimately leading to more jobs. Indeed, the labor market appears to be stabilizing and the economy is finally creating much needed jobs. Over the past 3 months, 286,000 new jobs have come on line. In October alone, 126,000 jobs were added. Meanwhile, since the tax cut, initial claims for unemployment insurance have gone down more than 10 percent. For the seek ending November 1, unemployment claims hit a 34-month low. There is more progress to be made on this front, but we are on our way towards putting Americans back to work. And, finally, there is good news for individual State treasuries. Their budget gap of nearly $20 billion at the beginning of last fiscal year has now declined to a budget gap of less than $3 billion for the beginning of this fiscal year. States are beginning to see ``revenue surprises'' in their estimates. Consumers and businesses, alike, are optimistic about the America's economic direction. Inflation and interest rates are low. American taxpayers have more of their hard earned money to spend and save as they choose. We will continue to champion policies that strengthen the economy and create jobs. We will continue to pursue fair and free trade policies that increase consumer buying power and stoke the economic furnace. This session we passed the free trade agreements with Chile and Singapore. Simultaneously, export grew 9.3 percent in the third quarter, another marker of our renewed economy. We will continue to fulfill our mission to maximize freedom and expand opportunity. Which leads me to national security. Our mission to expand freedom and opportunity applies not just to our economy, but to our national security, as well. Freedom cannot find its fullest expression under the threat of terror. But, likewise, terror can not spread where freedom reigns. That is why, this year, America took the extraordinary action of toppling Saddam Hussein and his terrorist-sponsoring regime. In 3 short weeks, the men and women of the United States military, with the support of 49 nations, swept to Baghdad, ending three decades of ruthless Ba'ath Party rule and support for terror. In the months since, our soldiers have worked tirelessly, under dangerous conditions, to help the Iraqi people build a democracy. Our soldiers have rebuilt schools, hospitals, electrical grids, pipelines, and roads. They are training Iraqi police forces to patrol the streets and hunt down terrorists. Everyday, our troops are helping the people of Iraq and Afghanistan move toward becoming free and open societies. To support their efforts, we passed the President's $87 billion war supplemental. We did so because we recognize that investing in the future of Iraq and Afghanistan is an investment in our security. September 11 taught us a cruel lesson. We learned that we cannot wait while storms gather. As the President has said, ``the Middle East region will either become a place of progress and peace, or it will remain a source of violence and terror.'' This Senate took bold action to support the war on terror because we are determined that progress and peace take root. The Middle East is not the only region where we are working to bring stability. This session, we passed the Burmese Freedom Act and the Clean Diamond Act. And we also took the historic action of dedicating $15 billion to drive back the HIV/AIDS virus. As a Senator, as a doctor, and as a medical missionary, I am especially gratified by the Senate's demonstration of compassion on this issue. Millions of lives around the world have been cut short by the scourge of one tiny virus. Countries have seen entire swaths of their populations wiped out and children orphaned, because of the HIV virus that causes AIDS. By passing the Global HIV/AIDS bill, we help to prevent 7 million new infections; provide antiretroviral drugs for 2 million HIV-infected people; care for 10 million HIV-infected individuals and AIDS orphans; and bring hope to millions of people around the world who are living in the shadow of this devastating disease. Our work in passing this critical legislation demonstrates that we are a country that places a high value on life. History will judge how we chose to respond. We can proudly say that we made the right choice and took the necessary actions to put an end to one of the worst plagues in recorded history. We also made the right choice to end partial birth abortion. Partial birth abortion is a fringe procedure. It is not taught in medical schools. And now, it never will be. With an overwhelming majority, we voted to end an immoral procedure, and said ``yes'' to life. Indeed, this Senate can be proud of our efforts to protect the most vulnerable among us. In January, we passed legislation to establish a national AMBER Alert. Law enforcement will now have another tool to work with the public to find missing children. In June, we passed legislation to protect victims of child abuse. We also voted to extend welfare reform to help lift families out of poverty. But perhaps the most historic and far reaching legislative accomplishment of the 108th Senate happened this morning, when an overwhelming, bipartisan majority voted to enact prescription drug coverage for our nation's 40 million seniors and individuals with disabilities. For the first time in its 40-year history, Medicare will offer true, comprehensive health care coverage. This worthy program will finally be able to keep pace with modern medicine. I am deeply thankful for the cooperation, hard work and dedication of my colleagues to overcome years of partisan gridlock and finally offer America's seniors the security they need and the choices they deserve. Medicare reform, the Jobs and Growth tax cuts, the Iraqi war supplemental, the global HIV bill--we set our sights high and we more than exceeded expectations. We are moving America forward, and we will continue to do so in the coming months. There is much yet to be done. Critically, we must pass the energy bill. We have been debating national energy for three years. During the last Congress, we spent a total of 7 weeks debating energy on the Senate floor. In this Congress, we spent more time debating energy than any other bill. And yet, despite all of this, a few in the Senate continue to obstruct progress. And while they insist on more debate, natural gas prices continue to rise. U.S. chemical companies are closing plants, laying off workers, and looking to expand production abroad. The U.S. is expected to import approximately $9 billion more in chemicals than it exports this year. American consumers are getting hit with higher electric bills, and small businesses are struggling to contain costs. All because of rising energy prices. We must pass the energy plan. Not only will it lower prices, it will save jobs and create thousands more. It is estimated that this energy package will create at least half of a million jobs. The Alaskan pipeline alone will create at least 400,000. The hundreds of millions of dollars that will be invested in research and development of new technologies will not only benefit the environment, but will create new jobs in engineering, math, chemistry, physics, and science. We cannot allow the obstruction of a few in the Senate continue to harm the interests of millions of Americans. And I use the word ``obstruction,'' because we have seen it used to an alarming degree in this Congress, nowhere more so than in the consideration of the President's judicial nominees. Only 2 weeks ago, we had an historic, around the clock, 40 hour debate. And after 40 full hours of debate, the minority continued to block an up or down vote. This is partisan obstruction pure and simple. A minority of Senators is denying all 100 our Constitutional duty to advise and consent. When we return in January, we will continue to press this issue. Nothing less than the United States Constitution is at stake. We will also continue to press for policies that expand and strengthen our economy. This session, we passed smart, pro-growth fiscal policy. We are already beginning to see the results. But there is still much to do. Frivolous lawsuits are clogging the State courts, wasting taxpayer dollars, and inhibiting the innovation and entrepreneurship so critical to creating jobs. When it comes to medical malpractice, frivolous lawsuits are destroying access to quality health care and, literally, imperiling lives. America is country that values fairness, and we will return fairness to the litigation process. We will also work to return fairness to the tax system. We will continue to press for reforms that simplify the tax code. Tax payers shouldn't have to hire a consultant to file a tax return. We will also begin the exciting work of constructing the long awaited National Museum for African American History and Culture. America will finally have a museum worthy of America's sons and daughters who sacrificed so much and have given so profoundly. There is much more to do in the year ahead, and I will speak to that when we resume in January. Each day I walk into this great institution, I am humbled and inspired, humbled by the great men and women who have come before, and inspired by their example. In his 1862 address to Congress, President Lincoln told the assembled legislators that America is the world's last, best hope. Those words have never been more true than they are today. I am confident that we will face the challenges ahead with honor and courage, for the simple reason that we are Americans.

Mr. FRIST

Mr. FRIST. Mr. President, this morning there will be 1 hour of debate prior to the vote on adoption of the conference report to accompany H.R. 1, the Medicare Prescription Drug Modernization Act. That vote will occur at 9:15 this morning. I will have more to say about the bill on this important occasion just prior to the vote. I thank all Members for their cooperation and participation throughout this debate. I also announce that we are continuing our efforts to act on the remaining appropriations bill. This morning, I will continue my discussions with the Democratic leadership as to the possible consideration of that bill. I will have more to say about this and the final schedule after the vote on final passage. Having said that, we are prepared for the final closing remarks on this landmark legislation.

Mr. FRIST

Mr. FRIST. Mr. President, I ask for the yeas and nays.

Mr. FRIST. Mr. President, today is an extraordinary day for 40 million seniors. For too long, our medical and health care advances have raced ahead, especially in the last 10 to 15 years, but Medicare, as a health security program for seniors, has stood still. But today that will change. And it will change today with overwhelming support. On this chart are 358 organizations who support this change, such as the Seniors Coalition, the AARP, the American Medical Association, the American Hospital Association, the Family Physicians, the American College of Cardiology, the National Alliance for the Mentally Ill, the Rural Hospital Association, the Sickle Cell Foundation, the Society of Thoracic Surgeons--and the list goes on and on. It has been a long time coming, but it is finally here. With a bipartisan majority, the U.S. Senate will enact prescription drug coverage for the first time under Medicare. Forty million seniors and individuals with disabilities will finally have the prescription drug coverage they need and the Medicare choices they deserve. They will finally be able to take full advantage of the tremendous medical advances that have been made in the almost 40 years since Medicare was enacted. I do not think it can be overstated that today marks a truly historic advance for America. As a physician, I have written hundreds of prescriptions that I knew would go unfilled because patients simply would not be able to afford them. With this bill, that will change. As a U.S. Senator, I have watched a decades-old Medicare program operate without flexibility, without comprehensive care, without coordinated care, without preventive care, without disease management and catastrophic protection against out-of-pocket medical costs. By expanding opportunities for private sector innovation, this Medicare bill offers the possibility of genuine reform that can dramatically improve and strengthen quality of care for our seniors and for those baby boomers who will be seniors in the not too distant future. At the same time, it preserves traditional Medicare. It strengthens and improves traditional Medicare, and it preserves traditional Medicare for those who wish to choose it. It combines the best of the public and the private sectors. It improves Medicare for today's seniors and helps, most importantly, lay the foundation for a strong and modern program for seniors today, but also tomorrow's seniors. The legislation provides all seniors with access to more affordable prescription drugs and targets more substantial assistance to lower income seniors and those with high catastrophic drug costs. It also dramatically expands health coverage choices for seniors, and improves coordinated care, improves disease management, adds prevention to Medicare, and adds catastrophic coverage both under the traditional Medicare fee-for-service program and under Medicare private health plans. While it does expand those choices and those opportunities to choose, choices that seniors simply do not have today, it also ensures that those seniors can keep exactly what they have. They do not have to choose that new drug plan. They do not have to choose that new type of health care plan that we might have in the U.S. Senate or that Federal employees have. They don't have that option today, but they can choose that or they can keep exactly what they have today. All of the options in this legislation, including prescription drug coverage, are voluntary. Beyond increasing competition, we will also take steps to control health care costs both within the Medicare Program and within the broader health care system. For the first time, we will ask those seniors who can afford to do so to pay a higher portion of their Medicare costs. We will increase and index the Medicare Part B deductible for the first time in over a decade. We will make health savings accounts available to all Americans so that they have greater control over their own health care choices and so they can plan and save, tax free, for future health care needs. We will make other responsible changes such as speeding generic drugs to the marketplace so that seniors will have access to these lower cost prescription drugs. Indeed, today is an extraordinary day. Today is a fateful day. Today is a red letter day for seniors. In conclusion, today's historic action is only possible because of the hard work of many dedicated Members of the Senate and the House of Representatives, and the administration. I would like to take a moment to thank those whose commitment was critical to this effort. First and foremost, President Bush deserves credit for his bold leadership and commitment to improving the health of America's seniors and individuals with disabilities. Tommy Thompson, the Secretary of Health and Human Services, and Tom Scully, the Administrator of the Centers for Medicare and Medicaid Services, spent hundreds of hours working on this legislation. In the Senate, Finance Committee Chairman Charles Grassley and Ranking Member Max Baucus put partisanship aside and worked tirelessly from beginning to end to deliver on our promise to America's seniors. Senator John Breaux also deserves credit. He and I have worked together for the better part of 6 years on legislation to improve Medicare. Today, we have finally reached that goal. All members of the conference committee showed a degree of dedication and resolve seldom seen in either Chamber, especially Senators Orrin Hatch, Don Nickles and Jon Kyl. We would not have reached this point without building on the strong foundation laid by Members who worked so hard on this issue during the past several years, especially Senators Snowe, Jeffords, Gregg, Hagel, Ensign and Wyden. Senators Bunning, Thomas, Smith, Lott, and Santorum also made major contributions to this legislation through their work on the Senate Finance Committee. Members of this body who voted against final passage, but nonetheless worked to improve this legislation at every step of the way and help pave the way to final passage also deserve great respect and appreciation. The House Leadership, especially Speaker Dennis Hastert and Leader Tom Delay, also deserves special recognition, as does the Chairman of the Conference, Chairman Bill Thomas, and the Chairman of the House Energy and Commerce Committee, Chairman Billy Tauzin. We would not be here without them. Finally, I want to thank my hard working and dedicated staff: Dean Rosen, Elizabeth Scanlon, Rohit Kumar, and Craig Burton. They have put in thousands of hours and poured over thousands of details. To everyone who has worked so hard and given so much to this effort, I thank you. America thanks you. And, most of all, America's seniors thank you. I ask unanimous consent that a long list of staff who made major contributions to this legislation be printed in the Record.

Mr. FRIST. Mr. President, I move to reconsider the vote.

Mr. FRIST. Mr. President, this is an extraordinary day for seniors and indeed all Americans. The legislation that we just passed is consequential. It is far reaching for every American. It touches all of us in material ways, in meaningful ways. It is epical in the sense that it modernizes Medicare to provide 21st century care for our seniors, with preventive care, with disease management, and especially with prescription drugs. This bill is notable in its 54-to-44 vote in being a bipartisan bill. For the information of our colleagues, we will have no more rollcall votes. We currently remain in discussion on the appropriations bills. The bill will not be filed until later today in the House of Representatives. I will be in discussion with the Democratic leadership as to what appropriate time we will be addressing those appropriations bills. There will be no more rollcall votes today. I wish everybody a very happy, enjoyable, and especially safe Thanksgiving.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that there now be a period for morning business with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. I appreciate the remarks of the Senator from Massachusetts. As the Senator knows, the question of health care disparities is a keenly important issue to me. He and I have successfully worked in this area in the past, and I hope will be able to similarly collaborate in the future. Much work in the area of minorities and organ donation is happening today. These issues were strong recommendations of the Secretary's Advisory Committee on Transplantation, and COT in fact went further and requested a study from NIH to define the reasons for African Americans to have diminished graft survival. And just earlier this fall, HRSA announced 8 grants that it was funding to test social and behavioral interventions to increase organ and tissue donation--five of these, totaling more than $1.6 million, focused on minority and underserved populations. And we have a bill today that has been developed through a bipartisan, bicameral process intended to allow us to make quick action on the bill. I appreciate the Senator's willingness to support this bill, and look forward to working with him in this area next year.

Mr. FRIST

Mr. FRIST. Mr. President, on November 1, 2003, the most recent Internet tax moratorium expired. In the weeks prior to and following this expiration date, I have been trying to broker a compromise between those who, like me, support making the moratorium permanent and those who oppose a permanent extension. Unfortunately, we have been unable to reach resolution on legislative language that would allow us to make the moratorium on Internet access technology neutral and permanent. However, I remain committed to passing a revised moratorium next year which ensures that all Americans can receive Internet access tax free, regardless of technology. I respect the arguments of those Senators who are concerned that the language in S. 150, the Internet Tax Nondiscrimination Act, will infringe on the ability of States to tax traditional telecommunication services. Because of their concerns, I allowed the bill to be fully debated on the floor of the Senate for several days. In the end, after spirited discussions, the relevant parties could not reach agreement on appropriate language and the current moratorium had expired. After that process failed to achieve a resolution, I sought to broker a compromise by laying out a menu of options from which the parties could choose. None of these options were perfect, and none went as far to protect the Internet from taxation as I would have liked. But in the spirit of compromise, I believed that taking some action was better than doing nothing at all. Unfortunately, the various relevant parties disagreed. Every option I suggested was rejected by both sides and both indicated that no deal was better than any of the options I had set forth. As an aside, this was the first, last and only moment when the various parties were able to reach agreement with respect to anything having to do with taxing the Internet. At this point it became clear to me that no agreement was in the making with respect to a permanent or even multiyear extension of the Internet tax moratorium. I therefore suggested that we pass, as a part of the omnibus appropriations bill, a so-called ``Internet-tax CR''-- basically an extension of the expired statute to cover the gap between November 1 and the second session of the 108th Congress when the Senate would be able to return to this issue. My concern was that if we did not extend the moratorium, the Internet would be open to multiple and discriminatory taxes for the fist time in 5 years. And while a simple extension would not have addressed the troubling efforts in several States to begin taxing DSL access, I still believed that doing something was better than doing nothing. Further, I was prepared to make it clear that the spirit of the original moratorium was intended to make all Internet access tax free, and that extending the current moratorium should not be an invitation for any State to continue or begin anew taxing DSL. Much to my disappointment, even a simple extension of the original moratorium failed to gain consensus support. And even when we agreed to consider modifying the original language to prevent states from taxing DSL for the duration of this Internet-tax CR, the House of Representatives was unwilling to agree. As the strong bipartisan support of the Internet moratorium indicates, there is a growing consensus that the Internet should never be singled out for multiple or discriminatory taxation and that all forms of Internet access should be tax free. Rather than finding new ways to tax the Internet, the unprecedented benefits it offers to our society and economy should be encouraged by policymakers at the Federal, State and local levels. We must not allow differences over details of the moratorium to result in tax policies which damage this critical economic engine of the future. The Internet is too important. I specifically thank Senator McCain, Senator Sununu, and Senator Allen for their excellent leadership and dedication to this issue. Their efforts have ensured that this important technology issue receives the attention it deserves from Congress. As majority leader, it is my intention to work hard to get the strongest, longest ban on Internet taxes as possible. As such, I will make passing a meaningful, revised Internet tax moratorium a priority for next year.

Mr. FRIST

Mr. FRIST. Madam President, I, just very briefly, want to thank people for a lot of hard work over the last several months. Earlier today, we did pass a historic bill that is notable for the fact that it does help so many people in a very direct way. I think it is gratifying to all of us as U.S. Senators. But that outcome is made possible by a lot of hard work. I will be very brief, but I do want to thank the appropriate people. Again, I leave out so many people. But, first, I thank the President of the United States. President Bush does deserve credit for making this vision of being able to reach out and help people as soon as possible in a direct way with prescription drug coverage possible. That vision really did set the template for all of us. We pulled together and passed this bipartisan bill. Secretary Tommy Thompson, the Secretary of Health and Human Services, and Tom Scully, the Administrator of the Centers for Medicare & Medicaid Services, spent literally hundreds of hours working on this legislation. I participated on the conference committee and had the wonderful opportunity of working side by side with them, consulting with them, seeking counsel, receiving their input. In the Senate, Finance Committee chairman, Chuck Grassley, and ranking member, Max Baucus, really did put partisanship aside from day 1, when we first started this Senate bill, and worked tirelessly from beginning to end to deliver on the promise that we all have to the American people. In large part it was accomplished because of their work and their partnership in many ways. Senator John Breaux deserves huge credit. I have worked with Senator Breaux over the last 7 years. There was a Breaux-Frist bill that came out of the Bipartisan Commission. He has demonstrated real leadership and, in my mind, has been at it in terms of the final product longer than anybody in the Senate, working together on the model we ended up with. All members of the conference committee showed a degree of dedication and resolve that is seldom seen in either Chamber. There were Senators Orrin Hatch and Don Nickles and John Kyl. We simply would not have reached this point if we had not worked together with strong leadership on the part of the conferees. In addition, there were people such as Senators Jeffords, Gregg, Hagel, Ensign, Wyden, and Snowe, who have focused on a tripartisan, bipartisan approach to health care reform, which has been instrumental in many ways. Senators Bunning, Thomas, Smith, Lott, and Santorum all made huge contributions working through the Finance Committee. Members of this body who voted against final passage also contributed in remarkable ways to this product. I do also want to mention, just in passing, the House leadership because the House leadership, especially Speaker Dennis Hastert and Leader Tom DeLay, deserve very special recognition. I worked very closely, and our leadership worked very closely with them, especially in the final 2 weeks of that conference. I had the opportunity to call yesterday Chairman Bill Thomas. He is really the mind behind what we accomplished. He was able to assimilate very complex policy and put it into a portrait that ultimately became the substrate for this bill. He demonstrated real leadership, real patience. Also, chairman of the House Energy and Commerce Committee, Chairman Billy Tauzin, we simply would not be here without his active participation as well. My dedicated staff--Dean Rosen, Elizabeth Scanlon, Rohit Kumar, and Craig Burton--put in hundreds of hours and poured over thousands of details. Lee Rawls, Eric Ueland, David Schiappa and his wonderful staff here really made it possible. So in closing, to everyone who worked so hard and have given so much of themselves, working hard on this effort, I thank them. I thank you, the Senate thanks you, America thanks you, and, most of all, America's seniors thank you. Madam President, I appreciate the Senator from New Jersey giving me the floor for those few minutes. I look forward to listening to what he has to say on a very important issue.

Mr. FRIST

Mr. FRIST. Madam President, if I could just take 3 or 4 minutes, and then I know the distinguished Senator from New Jersey has his comments to make.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that there now be a period of morning business with Senators permitted to speak for up to 10 minutes each.