Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and any statements relating to this matter be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 128 which was submitted earlier today by majority leader Frist and minority leader Daschle.

Mr. FRIST

Mr. FRIST. Mr. President, let me say, once again, that we will have a cloture vote on Owen tomorrow. And if cloture fails, we will go to Prado and, once Prado is completed, go to the Cook nomination. That will be the general plan.

Mr. FRIST. Mr. President, for the past 2 days, we have been working on an agreement looking for an orderly, systematic process by which we could consider some of the pending judicial nominations. It had been our hope we could reach an agreement to consider these nominations this week and early next week. Unfortunately, after a lot of discussions-- and we worked on both sides of the aisle in good faith--but after a lot of discussions, it does not appear we will be able to reach the consent agreement. On our side, we have been prepared to consider and vote on all of the circuit court nominations that are on the calendar now. I believe my Democratic colleagues, at this point, are prepared to vote on just one of these judges. Therefore, unless we can reach a consent agreement tomorrow, following the cloture vote in the morning on the pending Owen nomination, it will be my intention to proceed to the Prado nomination. And following disposition of the Prado nomination, it would be my expectation to proceed to the Cook nomination. I hope both of these nominations, which have received, by the way, bipartisan support, will be considered and confirmed this week. I think at this point I will go ahead and put forth the unanimous consent request. And then we will have some comment and discussion about where we are. Mr. President, I ask unanimous consent that on Thursday, at a time determined by the majority leader, after consultation with the Democratic leader, the Senate proceed to executive session and the consideration of calendar No. 105, the nomination of Edward Prado, of Texas, for the Fifth Circuit; further, that there be 3 hours for debate, equally divided between the chairman and ranking member or their designees; I further ask consent that following the use or yielding back of time, the Senate vote, without intervening action, on the confirmation of calendar No. 105; I further ask consent that following the vote, the President be immediately notified of the Senate's action. I further ask unanimous consent that on Monday, May 5, at a time to be determined by the majority leader, after consultation with the Democratic leader, the Senate proceed to executive session for the consideration of calendar No. 34, the nomination of Deborah Cook, of Ohio, to be a U.S. circuit judge for the Sixth Circuit; provided further, that there be 4 hours for debate, equally divided between the chairman and ranking member or their designees; further, I ask consent that following the use or yielding back of that time, the Senate proceed to a vote on the confirmation of the nomination, again, with no intervening action or debate. Finally, I ask unanimous consent that when the Judiciary Committee reports the Roberts nomination, it be in order for the majority leader to proceed to its consideration, and it be considered under a 2-hour time limitation, and that following that time, the Senate proceed to a vote on the confirmation, with no intervening action or debate.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to a period for morning business.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent the Senate now stand in recess until 3 p.m. today.

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 have been made aware of the request. I talked to our caucus and our leadership and really would much prefer to go ahead with the vote as scheduled. A number of people made plans to come back from out of town specifically for this vote recognizing that we had made it clear the vote would be at 12 noon today. Out of consistency, when I set a time for a vote, people alter their plans very specifically to make sure they are here. Some simply can't be back, and I understand that as well. But we will go ahead and have that vote at noon today.

Mr. FRIST. Mr. President, today the Senate will resume consideration of the nomination of Jeffrey Sutton to be a circuit judge for the Sixth Circuit. Under the previous consent agreement reached, a vote will occur on the confirmation of that nomination at 12 noon. The Senate will recess for the weekly party lunches from 12:30 until 2:15 p.m. Following the confirmation of Jeffrey Sutton, it is my intention to resume consideration of the nomination of Priscilla Owen to be a circuit judge for the Fifth Circuit. It will be my hope that we can reach a time agreement for the vote on this judicial nomination. In addition, there are a number of other legislative items that will be scheduled for action during the remainder of this week, including the bioshield bill, the digital and wireless technology legislation, State Department authorization, and other legislative or executive items that can be cleared over the coming days.

Mr. FRIST. Mr. President, let me get back with the leadership on the other side of the aisle. We, of course, would very much like an up-or- down vote on Priscilla Owen. If not and it is necessary for us to file cloture, it will be done either sometime this week or next week. The final decision has not been made. We would like to discuss this with you, and we will let you know once that decision is made.

Mr. FRIST. Mr. President, for today, that is absolutely fine. We will work in good faith. The objective with all of these nominees is to have good discussion as we go forward. We want to make sure that occurs. I expect today that we will not have a vote this afternoon, and we will notify leadership in advance.

Mr. FRIST. Mr. President, in response, I recognize that. We are making slow but consistent and steady progress. We have the vote today. We have made reasonable progress up until today. I think as judges are put forward, we will continue to consider them in an orderly way in the Senate. That being said, I am very hopeful that we can ultimately have an up-or-down vote on Miguel Estrada, someone whom we believe is the embodiment of the American dream. We will work in that regard. I hope we will be able to have an up-or-down vote on Priscilla Owen as well.

Mr. FRIST

Mr. FRIST. A brief announcement now for the benefit of our colleagues. The supplemental is currently being discussed, debated, amended, worked on very hard as it has been over the last several days, and will likely go into tonight. We expect to pass that supplemental by unanimous consent later tonight, and thus the vote we just took will be the last vote prior to the recess. The next vote will be on Tuesday, April 29. I will notify Members of the exact time on Tuesday, the 29th. Again, there will be no further rollcall votes between now and the recess.

Mr. FRIST. Mr. President, let me first congratulate Senator Nickles. This is the chairman's first budget resolution, and I particularly thank him and his staff for all their hard work these last nearly 7 weeks to bring us to this point today. It has not been easy, but the committee has met its schedule and completed the budget resolution ahead of the statutory deadline of April 15. I understand this is the second fastest budget resolution conference agreement ever considered. Senators might be reminded that the last time we adopted a budget resolution in the Senate was almost 2 years ago on May 8, 2001, under the chairmanship of Senator Pete Domenici, at a time when the Senate was 50-50. The Senate, for the first time in the 27 years of the Budget Act, did not adopt a budget resolution last year, did not even consider one here on the Senate floor. And I truly believe that our failure to complete 11 appropriations bills for fiscal year 2003 until just 8 weeks ago, was a direct result of not adopting a budget last year. So having a budget resolution that we can vote on today, is not only important for how it will allow the legislative calendar to move forward in a more orderly manner, it is also important to the institution. The congressional budget process now is back in operation and that is important not only for today but for the future of how business is conducted particularly in this chamber. Without a budget, chaos would rein in the legislative calendar. Without a budget, there would be no fiscal discipline on our return from the upcoming recess. Without a budget, we would have no enforcement provisions to control mandatory or discretionary spending. It would be open season on spending increases. Without a budget, interestingly to my colleagues who are opposed to even the modest tax cuts assumed in this resolution, there would be no restrictions on any tax cuts, just as there would be no limit on any spending increases without a budget in place. But more importantly, the fiscal blueprint before today, is the correct blueprint to provide for economic growth and job creation. It is going to be absolutely critical that once we return from the upcoming recess that we focus quickly on adopting a tax reconciliation bill that will stimulate investment, increase demand, and begin to create needed jobs. Equally as important this budget will provide for increased spending where it is needed to provide for homeland security and national defense. And nondomestic spending will not decline but actually increase over 3.6 percent next year. A rate of growth consistent with the average American family's pay check growth. Government spending should grow no faster than families' income growth. Mr. President, this is not, as the minority leader suggested, a difficult day. This is a good day to adopt a budget, the first one in over 2 years.

Mr. FRIST

Mr. FRIST. Madam President, I rise today to welcome and introduce to my colleague, J. Keith Kennedy, as our new Deputy Sergeant at Arms. Keith is a true professional in every sense of the word, and a great choice to serve as Deputy Sergeant at Arms. Keith first came to the Senate in 1972 as a legislative assistant to Senator Mark Hatfield. In 1977, Keith was tapped by Senator Hatfield to serve as a professional staff member on the Senate Select Committee on Indian Affairs. In 1979, he joined the staff of the Senate Committee on Appropriations, quickly rising to become staff director, and served with the committee for a remarkable tenure of 16 years. In accepting the position of Deputy Sergeant at Arms, Keith has fulfilled his desire to return to public service, and we all will benefit greatly from his talent and commitment to this institution. He joins an already outstanding team in the Office of the Sergeant at Arms. In this first week alone, Keith has hit the ground running, and I know he will continue to accomplish great things. To Keith and his fine family, please accept my heartfelt congratulations, and I look forward to working with you in the weeks and months to come. Thank you for your dedication to the Senate.

Mr. FRIST

Mr. FRIST. Madam President, I rise today in strong support of the Smallpox Compensation Act of 2003. I applaud the leadership of Senator Judd Gregg, the distinguished Chairman of the Health, Education, Labor, and Pensions Committee. He has done a tremendous benefit for the Nation through this critical legislation when there is such great need to improve our public health preparedness. I commend Senator Edward Kennedy for his efforts to achieve bipartisan consensus on the smallpox legislation we are considering today. I also thank all of the members of the Senate Health, Education, Labor, and Pensions Committee, and for the work of Representatives Billy Tauzin and John Dingell for their efforts to develop and pass this legislation. Finally, the President of the United States deserves great credit for working to ensure that America is prepared against the threat of bioterrorism, and that the Nation's healthcare workers, first responders, and their families are protected from adverse affects that may result from smallpox vaccinations. Without President Bush's commitment, we could not have reached this critical agreement. We know the grave danger that a smallpox attack poses. Smallpox is one of the deadliest diseases known to man. Health experts, the Federal Government, and State and local health entities continue to address the smallpox threat, including the development of a long-term immunization plan. The administration has taken great steps to meet this threat by setting forth an immunization plan for our Nation's healthcare workers and first responders. However, too many healthcare workers have been deterred from receiving the smallpox vaccine--in part because of uncertainties about what would happen, and how they would provide for themselves, if they suffered a serious adverse reaction to the vaccine. This legislation helps to respond to that fear. It makes clear that adequate compensation will be available if an individual becomes ill or dies as a result of receiving the smallpox vaccine. Passing this legislation will help strengthen President Bush's plan to vaccinate healthcare workers, public health officials and first responders--a vaccination strategy that is vital to our national security. This legislation is part of a long-term strategy. We must continue to work to ensure appropriate liability and compensation measures for future countermeasures, as well as strong communications, surveillance, capacity-building and research efforts to strengthen our overall public health infrastructure to respond to emerging public health threats. Indeed, this is not purely a public health issue; it is also an issue of national security. We must ensure that an adequate number of healthcare workers and first responders are vaccinated in order to protect the American people should smallpox be used as an offensive weapon. Dr. Anthony Fauci of the National Institutes of Health, NIH, has noted, in fact, that we would have perhaps only 2-3 days to vaccinate exposed individuals and prevent death in the event of an outbreak. This task would be nearly impossible without having an adequate number of individuals vaccinated prior to an outbreak. While the risk of a smallpox attack is not necessarily high, the risk is real. And the results could be devastating. They would surely be even more devastating without having enough people vaccinated before an outbreak. So we need to act here, and we need to act quickly. In addition, we also must act in the coming weeks to pass the President's Project Bioshield Act of 2003 and legislation to improve our overall vaccine liability system. These are also critical longer term steps in rebuilding our defenses against infectious disease outbreaks, whether naturally-occurring or as a result of the use of offensive use of weapons of mass destruction. Again, I commend the President, Chairman Gregg, Senator Kennedy, and all of my colleagues, who have worked to craft this bipartisan legislation. I am very pleased to support this legislation.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet for a hearing on Putting the Teaching of American History and Civics Back in the Classroom during the session of the Senate on Thursday, April 10, 2003 at 9 a.m. in SD-430.

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, April 10, 2003 to hold a Business Meeting (to pass out nominations) after the first rollcall vote.

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday April 10, 2003, at 10 a.m., on FAA Reauthorization.

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Thursday, April 10, 2003, for a markup on the nominations of Bruce E. Kasold to be Judge, U.S. Court of Appeals for Veterans Claims, and John W. Nicholson to be Under Secretary for Memorial Affairs, Department of Veterans Affairs. The meeting will take place in the Senate Reception Room in the Capitol after the first rollcall vote after noon on April 10, 2003.

Mr. FRIST. Mr. President, I ask unanimous consent that the Joint Economic Committee be authorized to conduct a hearing in Room 562 of the Dirksen Senate Office Building, Thursday, April 10, 2003, from 10:30 a.m. to 1 p.m. Thank you.

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on April 10, 2003, at 10 a.m., to conduct a hearing on ``Recent Developments in Hedge Funds.''

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Governmental Affairs be authorized to meet on Thursday, April 10, 2003 at 9:30 a.m. to consider the nomination of Peter Eide to be General Counsel for the Federal Labor Relations Authority.

Mr. FRIST

Mr. FRIST. Mr. President, on April 29, 2003, Judge Mary Beatty Muse of Boston will receive the Lifetime Achievement Award from Boston College Law School which she attended 50 years ago. Judge Muse's professional and personal achievements are extraordinary, and Boston College Law School does well to honor this admirable woman whose life stands as a reminder of honor, courage, commitment, duty to profession, and love of family. It has been my good fortune to know Mary Muse over the past several years, as three of her grandsons and my own boys have become close friends and our families have shared many times together. Let me provide a brief summary of Judge Muse's considerable achievements and note several of the commendations she has received because of her professional and personal integrity. Mary Beatty Muse was born on July 12, 1920, in Boston, the daughter of Irish immigrants. In 1937, she graduated from the Boston Latin School for Girls and then attended Emmanuel College, graduating in 1941. Soon after Pearl Harbor, she enlisted in the Navy and joined the first class of the newly formed WAVES. She served in the Navy for 3 years as an intelligence and communications officer. Lieutenant Muse was cited for numerous achievements during World War II, as she and this newly formed group of woman sailors served valiantly during that conflict. Following the war, she attended Boston College Law School on the GI bill, graduating as one of three women in a class of approximately 160 students. That law school, like so many other of our institutions, has seen much progress over the past several decades. In noting this progress, it is imperative we recall and honor the people who were in the vanguard of this movement of women into our professions. The circumstances back in 1950 were dramatically different for women. It took unusual courage, perseverance, and fortitude to achieve as Mary Muse did. From the early days in her professional career, Judge Muse served as a role model to a generation of younger women, particularly in the Boston area. In her law practice and on the bench, she inspired countless women by her words and actions. Over time, the disparity that was so palpable and obvious when she started her career in law has been erased. Only now because of women like Judge Muse can it be said that our educational institutions are open to all, regardless of gender. This past year, Boston College Law School had a graduating class of 267 students, 123, or 46 percent, of whom were women, a vastly different setting from the early fifties when Mary Muse and her two female classmates accounted for less than 2 percent of their class. In 1983, Mary B. Muse was appointed a justice of the Massachusetts Trial Court. On the bench, she was known for her firm but kindly manner, as she treated all participants--attorneys, court personnel, and parties--with the respect and courtesy that should be the hallmarks of our justice system. She remained on the bench until her mandated retirement at the age of 70. To say that she ``retired'' though is to misspeak. Judge Muse is now almost 84 and has not begun to slow down in her daily chores or professional activities. Since she left the court, she has been active in numerous and varied undertakings. With an unswerving sense of commitment and an untiring energy, she has served as a member of the Supreme Judicial Court Rules Committee; a member of the board of governors for the Massachusetts Academy of Trial Lawyers; an officer of the Massachusetts Association of Woman Lawyers; vice president of the Massachusetts Judges Conference; a member of the board of directors of the Massachusetts Catholic Lawyers Guild; an elected official in Brookline, MA; a member of the board of trustees of Emmanuel College; and as an officer and member of various other groups and organizations that serve the community . She has also been appointed by the Governor of Massachusetts to be a Master for the Review of Treatment Plans for the Mentally Ill and has been a member of the Governor's Advisory Board to the Department of Mental Retardation. Her involvement in the Catholic Church reflects the same level of commitment that she brings to her professional endeavors. She has been a Eucharistic lay minister and an active member of her church. But more importantly, behind the scenes, she has been a source of constant and unremitting charity to scores of those in need. She understands and lives by the notion of quiet charity, helping others both by spiritual and material assistance. Judge Muse has been honored numerous times by colleges, bar associations, and other organizations. She is the recipient of an honorary degree from Emmanuel College. She has received the Irish American Charitable Award and has been acknowledged with the Distinguished Jurist Award from the Massachusetts Association of Woman Lawyers. In 1991, she was the recipient of Emmanuel College's Alumna of the Year Award. In 1998, Boston College gave her its Alumni Award for Excellence. I provide this background to give a small sample of the full and vital life of this still very active woman. But it has one critical omission. Along the way, Judge Muse also raised her 11 children, 8 sons and 3 daughters. Each of them was not only a college graduate, but also has a graduate degree from a professional school. They are lawyers, doctors, teachers, builders--and one son is a judge like his mom. If you asked Judge Muse her greatest achievement in life, it would be a quick answer: her family. Throughout her career, she has placed a primacy on what she deems most important in life: her loved ones. As she pursued and reached the pinnacle of her professional career, she raised a family that was deeply nurtured in great love and values. Judge Muse stands heroically in the eyes of her 11 children, all of whom will come from different spots in the country and abroad to be with her on April 29 when she receives this special acknowledgment of her remarkable life. Finally, my statement would not be complete if I didn't make some mention of the other great force in her life. Her husband, Bob Muse, himself a great trial lawyer and a much decorated Marine Corps fighter pilot, has been her partner for 60 years. No one will stand prouder on April 29. He has been her source of strength and love--as she has been for him. Judge Muse has served as an exemplar for others, men and women alike, who seek to achieve in this world while holding on to the values of family, friends, and community. She is a gentle and unassuming person whose modesty and Irish wit forbid her from reflecting on, or talking about, the great influence she has had on so many. But it is appropriate and right that others do so--and Boston College Law School does well to honor one of its most distinguished graduates.

Mr. FRIST

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