Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, as we bring to a close what has been a very productive week over the last 4 days here in the Senate, we have had ups and downs and a lot of very productive debate. Many sad events have been talked about on the floor, and many happy events have actually been talked about on the floor, with the range from the death of Daniel Patrick Moynihan, an icon who has spoken so many times from this floor to the American people--indeed, to the world--to the many comments made in morning business over the course of this week paying tribute to our men and women, our soldiers overseas; a resolution today commending the coalition of allies who support the United States and our British friends in the efforts that are underway as I speak today; all the way to a budget that is a culmination, in many ways, of weeks and weeks of work as we have defined the priorities of this body in spending the taxpayers' dollars for the foreseeable future--a first step, the culmination of a lot of debate and discussion as we go through our conference with the House over the next several weeks. We had a lot of ups and a lot of downs but a lot of progress, and we are doing the Nation's business at the same time we are paying respect to the incidents that are playing out before us in the international and domestic realm. Last night I had the opportunity of introducing the resolution, along with Senator Daschle, paying respects to Senator Moynihan and, as I mentioned in my opening comments today, once again, the great legacy that he leaves all of us. I would like to pay one final tribute to him, and read just a few paragraphs from the commencement speech he gave at Harvard in 2002, which has previously been printed in the Record. The commencement speech at Harvard, 2002, is entitled ``Civilization Need Not Die'' by Daniel Patrick Moynihan: Last February, some 60 academics of the widest range of political persuasion and religious belief, a number from here at Harvard, including Huntington, published a manifesto: ``What We're Fighting For: A Letter from America.'' It has attracted some attention here; perhaps more abroad, which was our purpose. Our references are wide, Socrates, St. Augustine, Franciscus de Victoria, John Paul II, Martin Luther King, Jr., Alexander Solzhenitsyn, the Universal Declaration of Human Rights. We affirmed ``five fundamental truths that pertain to all people without distinction,'' beginning ``all human beings are born free and equal in dignity and rights.'' We allow for our own shortcomings as a nation, sins, arrogance, failings. But we assert we are no less bound by moral obligation. And finally, . . . reason and careful moral reflection . . . teach us that there are times when the first and most important reply to evil is to stop it. But there is more. Forty-seven years ago, on this occasion, General George C. Marshall summoned our nation to restore the countries whose mad regimes had brought the world such horror. It was an act of statesmanship and vision without equal in history. History summons us once more in different ways, but with even greater urgency. Civilization need not die. At this moment, only the United States can save it. As we fight the war against evil, we must also wage peace, guided by the lesson of the Marshall Plan--vision and generosity can help make the world a safer place. Those are the words of Daniel Patrick Moynihan, again, in 2002. They reflect very much the global thinking, the compassion, the integrity, the foresight of this great icon in this body.

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

Mr. FRIST

Mr. FRIST. Mr. President, last Thursday the Senate paid tribute to the military personnel and civilians of the United States who are currently engaged in Operation Iraqi Freedom. Today, the Senate likewise pays tribute to the member states of the ``Coalition to Disarm Iraq'' that are supporting or serving in operations against Saddam Hussein's regime. S. Con. Res. 30 reflects our understanding that to join with us in this endeavor places a political, military and financial burden on our partners. But shared by many, the burden is lighter. In particular, as we in the United States comfort our own who have suffered injury or the death of a family member in this conflict, our prayers are with those in other countries who likewise have family members separated from their loved ones and, in some cases, who have borne the burden of the ultimate sacrifice. Since the campaign to disarm Iraq began several months ago, literally dozens of nations have provided diplomatic, military, logistical, and strategic support, to accomplish our shared objective, the disarmament of Iraq. We are especially grateful to Australia, Denmark and Poland, whose military forces have joined American and British forces on the battlefield to disarm and liberate Iraq. We have a long friendship with the Australian, Danish and Polish people. Your governments' willingness to stand with us now will long be remembered. Finally, I salute the political courage and vision of leaders such as Prime Minister John Howard of Australia and President Jose Maria Aznar of Spain. In their conduct they give us the very definition of leadership. When the people of Iraq are free from the repressive dictatorship that they have lived under for decades, I have no doubt that they will thank the coalition states, and especially those who risked, and sacrificed, their lives to help them attain the freedom to which they are entitled. I yield the floor.

Mr. FRIST. Mr. President, I will speak using leader time.

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

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed en bloc to the measures, and I object to further proceeding en bloc.

Mr. FRIST. Mr. President, I understand there are four bills at the desk which are due for a second reading. I ask that it be in order to read the titles of the bills en bloc.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the tributes to Daniel Patrick Moynihan, the late Senator from New York, be printed as a Senate document, and that Members have until 12 noon, Friday, April 11, to submit said tributes.

Mr. FRIST. Mr. President, I ask unanimous consent that immediately following the last rollcall vote today, there be a period of morning business for tributes to the late Senator Daniel Patrick Moynihan with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST. I now ask for the yeas and nays on the nominations.

Mr. FRIST. Mr. President, I now ask unanimous consent that it be in order to ask for the yeas and nays at this time and with one show of hands.

Mr. FRIST. Mr. President, as in executive session, I ask unanimous consent that following any stacked votes today, the Senate proceed to executive session for the consideration of the following nominations: Calendar No. 76, James Selna to be U.S. District Judge of the Central District of California; Calendar No. 79, Philip Simon to be a U.S. District Judge for the Northern District of Indiana. I further ask consent that the Senate then proceed to consecutive votes on the confirmation of the mentioned nominations; further, that following the votes, the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

Mr. FRIST. Mr. President, I ask unanimous consent that at 1 p.m. today, all time be yielded back on H.R. 1307, the amendment be agreed to, the bill be read a third time, and the measure be temporarily set aside; provided further that the Senate then proceed to the consideration of S. Con. Res. 30, expressing gratitude to our allies; that no amendments or motions be in order to the resolution or preamble; further, that there be 1 hour of debate equally divided between the chairman and ranking member of the Foreign Relations Committee; that at the expiration or yielding back of time, the Senate proceed to a vote on adoption of the resolution, without intervening action or debate; further, that immediately following that vote, the preamble be agreed to; provided further that following that action, the Senate then proceed to a vote on passage of H.R. 1307 as under the previous order. I further ask unanimous consent that there be 2 minutes equally divided in the usual form prior to the stacked votes.

Mr. FRIST

Mr. FRIST. Madam President, for the information of all Senators, this morning there will be a period for morning business until 11 a.m. Again, this will allow time for Members to make remarks regarding the men and women of our Armed Forces. At 11 a.m. today, we will consider the military tax fairness bill under a 3-hour time limitation. Chairman Grassley and Senator Baucus will be here to manage time on that legislation over the course of 3 hours. I thank them for their hard work in getting that bill ready for floor consideration today. In addition, we are attempting to reach an agreement for the consideration of S. Con. Res. 30 which would express our gratitude to the nations participating with the United States in the coalition to disarm Iraq. Also, as I mentioned last night, we may also vote on any judicial nominations that may be ready for the Executive Calendar today. Therefore, there will be votes throughout the day. If we are able to finish the work I just mentioned, it would likely be that there would be no rollcall votes on Friday. We would return for business on Monday with a rollcall vote likely to occur at around 5:30 Monday afternoon. I will have more to say about Monday's schedule later today. In addition, over the course of today, I am sure people will want to come to the floor to make tributes to Senator Moynihan. A number of people took advantage of being able to do that last night. But over the course of today, people are welcome to come down to make those tributes. I do remind my colleagues, we will later, in a week, 2 weeks from now, bind all those tributes together in an appropriate volume for the family.

Mr. FRIST

Mr. FRIST. Mr. President, I rise with sadness on the word we heard this evening with regard to the death of one of our most notable former Members this afternoon. Daniel Patrick Moynihan served in the Senate over a period from 1977 to 2001. But he served our country in so many different roles over the past half century, as we have heard through other tributes tonight. Rising from the depths of Hell's Kitchen in New York, he became one of America's true leading intellectuals whose foresight and whose ability brought to public attention a mass of critical issues long before others even realized these issues existed. From identifying the stresses and challenges of urban America to spearheading the reformation of Pennsylvania Avenue, from President Nixon's welfare reform plan to Y2K, from Soviet spying to bringing our national security state into the sunshine, Pat Moynihan was at the center of most of our public policy challenges in the last half of the 20th century. Pat Moynihan, a confidant and essential aide to Presidents of both parties, came to Washington's attention in the early 1960s as a steward of President Kennedy's effort to bring Pennsylvania Avenue back to life. His ability brought him to President Nixon's Cabinet as head of the Domestic Policy Council, and he later became Ambassador to India and Gerald Ford's Ambassador to the United Nations, where he served so well defending the West against totalitarian regimes. Elected to the Senate in a notable class, he quickly became a leading voice on an extensive range of public policy. While the Senate recognized his ability as chairman of both the Finance Committee and the Environment and Public Works Committee, his contributions to our work were broad and deep. For example, at a time when Social Security was reeling and near insolvency, Pat Moynihan stepped forward and, with Senator Dole, Alan Greenspan, and President Reagan, rescued the system for the benefit of millions of Americans. In that role, he bridged partisan differences and rose above petty politics to forge a successful solution that brought stability and security to that system. He did that conscious of the need to be responsible not only to the current recipients but to the future beneficiaries who at the time were not even born. This spirit animated his observations and animated his work, not just on Social Security but other great domestic programs, such as Medicaid, Medicare, and welfare. Daniel Patrick Moynihan served not only as a Senator from New York, he was one of our leading lights and innovative thinkers. He never hesitated to offer a timely observation, a useful insight, or a historical analogy that not only demonstrated his vast knowledge but was truly useful in analyzing the challenges ahead. His contributions to public policy and his influence in this Chamber will echo for decades to come. Indeed, our condolences go out to his family and to loved ones, as well as to his many friends and former staff members. We are a better institution, and we are all better public servants for having known Pat Moynihan.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 99 submitted earlier today.

Mr. FRIST

Mr. FRIST. For the information of all Senators, this morning there will be a period for morning business until 11:30 a.m. A number of Members have requested time to make remarks regarding our courageous men and women of the Armed Forces, and this morning will be an opportunity for them to do that. At 11:30, we will resume consideration of the budget resolution. We made substantial progress yesterday. Of the 22 amendments remaining on the list, far fewer will be offered and require votes. We will resume voting on the offered amendments at 11:30 a.m. and will continue voting over the course of the afternoon until we reach passage of the resolution. Under the consent agreement reached last week, we will vote on adoption of the budget resolution at 4 p.m. today. It may be possible to complete action on the resolution earlier than that, but we will have to wait and see how many amendments will actually necessitate votes over the course of the late morning and early afternoon. To this point, we have had 45 rollcall votes on this budget resolution. I take this opportunity to congratulate the chairman and ranking member for their orderly consideration of this very important measure. I will have more to say about their good work as we approach passage over the course of the afternoon.

Mr. FRIST. I thank the assistant minority leader for his comments. Indeed, I believe that by 4 p.m. today the product we end up with will reflect the will of the Senate after adequate time for debate, discussion, and time for people to express both their feelings and their convictions. We will have a product of which we will all be proud, where neither side will agree with it in its entirety. We have a lot of work to do. I appreciate the comments and look forward to a productive day.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of the following calendar items en bloc: No. 45, S. Res. 48; No. 46, S. Res. 52; No. 47, S. Res. 58.

Mr. FRIST. Mr. President, I ask unanimous consent that the amendments to the resolutions, where applicable, be agreed to, the resolutions, as amended, if amended, be agreed to, the preambles be agreed to, the motions to reconsider be laid upon the table en bloc, and that any statements relating to these matters be printed in the Record.

Mr. FRIST

Mr. FRIST. Madam President, we adopted an amendment yesterday, offered by the distinguished chairman of the Foreign Relations Committee, Senator Lugar, to restore spending to international affairs programs next year by over $1.1 billion, from the committee's level. The bipartisan Lugar-Biden level would fund the President's proposal next year for global AIDS prevention. The resolution now accommodates $15 billion in spending over the next 5 years for those countries hardest hit by the HIV/AIDS epidemic. This is the largest commitment made by any country in the world to address this specific problem. This administration is taking a very bold step, which we support, to combat HIV/AIDS. I therefore rise in opposition to the Kerry amendment which would increase by nearly 80 percent the amount of money provided by this function of the budget. It would also increase taxes by nearly $1.6 billion, further undermining the growth package now assumed in the resolution. I have been working with Senator Lugar and others on this important issue and will devote my full resources to the effort to combat the scourge of HIV/AIDS.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that on Thursday, March 27, at 11 a.m., the Senate proceed to the consideration of H.R. 1307, the military tax bill, that there be 3 hours of debate equally divided between the chairman and ranking member of the Finance Committee; further, that the only amendment in order be a Grassley substitute which is the text of calendar item No. 11, S. 351; that at the expiration or yielding back of time, the amendment be adopted, the bill, as amended, be read a third time, and the Senate proceed to a vote, with no intervening action or debate.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the vote on adoption of S. Con. Res. 23 be vitiated. I further ask that the resolution be returned to the calendar.

Mr. FRIST

Mr. FRIST. Mr. President, I take this opportunity, before we enter into the final vote on the resolution, to congratulate the chairman of the Budget Committee, Senator Nickles, first, on bringing before this Chamber a budget resolution, and for the last 7 days of his very diligent work. My thanks to him and his staff for the long hours of hard work and their dedication. I also thank the ranking member, Senator Kent Conrad, for his cooperation here on the floor, as well as that of the Democratic assistant minority leader and the minority leader. We have not agreed on many issues over the last several days, but it has, nonetheless, been a respectful debate. And I think the will of the Senate will have spoken in a sound way when we adopt this resolution today. I will have more to say about the resolution after adoption, but I did want to take just a few moments to pay tribute to the former chairman and former ranking member of the Senate Budget Committee, Senator Pete Domenici. For many in this Chamber who have been through the budget wars over the last nearly three decades, it has been a little strange over the last 7 days not to see the senior Senator from New Mexico right here and down in the well managing this resolution. But I also know he trained his successor--and all of us--well, and we have all benefited from his counsel and guidance. With the start of this Congress, Senator Domenici stepped down as the longest serving chairman of the Senate Budget Committee. I should note, under our conference rules, he could have served as chairman of the Budget Committee but chose, rather, to pursue another of his passions, energy policy. He gave up the chairmanship of Budget to take on another with the Energy Committee. I know he will devote his extensive talents and energies to help the country craft a sensible and reliable energy policy, as much as he devoted them to the process over the last 28 years in the field of the budget. Both remain major challenges. Senator Domenici has been a member of the Budget Committee since 1975--1 year after it was created with the enactment of the Congressional Budget and Impoundment Control Act. History will also show that shortly after his first coming to this Chamber in 1972, he and a group of other Senators, including the very distinguished Senator Bob Byrd of West Virginia, saw a need to put some order into what was then an even more chaotic budget and appropriations process. Indeed, it was through this freshman Senator Pete Domenici's efforts and prodding that the Budget Act became a reality. Until Senator Nickles took over the reins in January, Senator Domenici had been the only Republican chairman in the committee's history, holding that position for 12\1/2\ years, and the ranking member position for 9 years. Over 21 years--three-quarters of the committee's history--Senator Domenici has been at the forefront of setting and guiding fiscal policy in this country. I am proud to say, in my first 8 years in this body, I had the honor to call Senator Domenici my chairman, as I served on that committee, learning the complexities of the Federal budget. Senator Domenici has always been known for his tireless devotion to the budget process, his ability to patch together coalitions, and even a moodiness on fiscal policy that led another majority leader from Tennessee, Howard Baker, to dub his good friend Senator Domenici as the ``Hamlet of the Senate'' in the 1980s. What has been accomplished under his leadership? Over the period, Senator Domenici has participated in the adoption of 26 concurrent budget resolutions, 27 Senate-passed budget resolutions, 26 committee- reported budget resolutions, and 17 major budget reconciliation bills. Conservatively, we estimate that he has taken over 1,000 votes on the Senate floor during the budget debates, and countless additional votes on motions to waive the Budget Act when enforcing the budgets he helped to craft. He has been at the center of all debates and legislation to modify the Budget Act over the years, with the Balanced Budget and Emergency Deficit Control Act of 1985, better known as the Gramm-Rudman-Hollings Act. When differences between the Senate, House, and President seemed to doom the budget process, he took the Senate lead in putting it back on track with its major budget summits in 1987, 1990, and, of course, the 1997 historic bipartisan balanced budget agreement. Many of these agreements were not always popular, even with some of his fellow Republicans. But he has always--always--stood on principle and what he thought was best for the country at the time. Those principles and convictions to sound public policy have been evident in this debate on this resolution, specifically related to ANWR and the Federal energy policy in this country. Despite the impressive record on the budget, the one statistic no one will ever challenge in the Senate's entire history, and the one statistic he is probably most proud of, is the fact that in 1986, while serving as a Senator, Senator Domenici had seven children in college and graduate school at one time. This son of an Italian immigrant grocer has always been devoted to his family through the good and the tough times. His wife Nancy has been loving support and inspiration to her husband throughout their 45 years of marriage. But I also know that Nancy, in her own right, has been a dedicated public servant, working to improve health care throughout the country, and particularly in New Mexico. So, Mr. President, I did not want this occasion to pass, as we are about to complete another budget resolution, without paying tribute to the former chairman and ranking member of the Budget Committee for his years of service and devotion to this process, to his family, to his State, and to his country. Thank you, Senator Domenici. (Applause, Senators rising.)

Mr. FRIST. Mr. President, we are now coming to an end in our debate on this year's budget resolution. I congratulate the chairman of the Senate Budget Committee, Senator Nickles for producing this resolution and reporting it from his committee in an expedited manner. We are doing the Nation's business on time. I know that this resolution has put extraordinary pressure on the committee and floor staff, and I want them to all know my appreciation for their long hours of work. We are not done, but we will take a major step forward with the passage of this resolution today. I also want to thank the ranking member, Senator Conrad, who, while certainly not supporting this resolution, did cooperate in the scheduling of this resolution both in the committee and here on the floor. Having been a member of the Budget Committee my first 8 years here in the Senate, I know how difficult it is to craft a budget resolution. These are challenging times for our great country--certainly challenging on the international front and equally as challenging in setting a fiscal path for the future. Clearly how the war unfolds with Iraq can impact our economic outlook. But as we move forward on this budget resolution, we are also confronted with longer-term challenges of slow economic growth and the increasing demands of an aging population. In the near term we will provide whatever resources are necessary to our troops in Iraq to bring that conflict to a quick, expeditious, and victorious end. I also believe that the completion of that conflict and the liberation of the Iraqi people from its dictator will not only provide freedom and economic growth for that country but also lift this cloud of uncertainty that has hung over our economy and depressed investment, growth, and job creation here at home. For the long term, economic growth remains the key to an expanding economy. Real economic growth will provide the resources necessary to address the demographic changes that confront us both in the Social Security and Medicare programs. We should never forget that for these two programs, it is not the size of their trust fund that matters, it is the size of the economy that matters. It is for this reason that the President's economic growth and job creation proposal is critical to setting a path toward future economic growth. I will continue to press for the largest growth package possible that will allow us to fully consider the growth legislation later this spring. But for now this is just the beginning, not the end of the process. S. Con. Res. 23, as amended, and before us today is a blueprint. It is the start of the process. Once adopted later today in the Senate and conferenced with the House, this budget blueprint will guide the fiscal policy for the remainder of this first session of the 108th Congress. Unfolding events over the next many months may require modifications to the resolution. I believe emergency provisions built into this resolution will allow it to be flexible and adjust to changing events. The failure of the last Congress to even consider here in the Senate chamber a budget resolution undermined the budget process and created significant problems. The failure to even consider a budget left the process in shambles and resulted in the failure to complete action on 11 of 13 annual must-do appropriations bills. We all know the result. Less than 6 weeks ago, with one-quarter of this fiscal year already over, we finally passed an omnibus spending bill for FY 2003. We must not repeat that mistake of the last Congress. We must pass a budget resolution and then get on with the business of enacting legislation that follows the budget's outline. Beyond making it possible for considering an economic growth package later this spring, this resolution will provide resources requested by the President to win the war on terrorism, to protect the homeland, to modernize the Medicare program with a prescription drug benefit, increase funding for both IDEA and Title 1 education programs, increase veterans health funding, and provide over $450 million next year for global AIDS programs. Equally as important this resolution reinstates the tools we need here in the Senate to provide fiscal discipline. It establishes discretionary spending caps for this year and the next two. It puts a limit on the budgetary gimmick of advance funding. It extends the discipline of pay-go beyond its expiration date of April 15, and it reestablishes the supermajority points of order against spending that is not truly emergency spending. Once again I congratulate the Chairman and the members of the Budget Committee on all their work that has brought us to this point. We will pass a budget and the legislative, budget and appropriation process will go forth as it should. local health emergency reimbursement act of 2003