Bill Frist

Mr. FRIST

Mr. FRIST. Let's have regular order. Amendment No. 275

Mr. FRIST

Mr. FRIST. Mr. President, we do have a challenge but we have a challenge to pay appropriate respect for our troops and that is the purpose of having a resolution, which is a joint resolution, for which I pray and hope we have 100-percent support. During debate on that resolution, I want to give everyone the opportunity to express that support, although I will also say whatever happens over the next several days, and it is likely to go on through next week, there will be ample opportunity, I believe--and I will make ample opportunity over the ensuing weeks--for people to express support. We have a challenge now that we will finish the budget resolution this week. So we have the budget resolution and we will have this resolution of support and we will be able to do both. I think the budget is very important--how all taxpayer dollars are spent for military, for defense, for homeland security, for education, for health care. That is our responsibility. We have people listening right now, people are at work, working in convenience stores, they are working in banks, they are showing up for work, and there are reporters outside. The Nation's business must keep going. Our responsibility as Senators is to develop a budget that gives some priorities. We have done a good job to date. To walk away from that responsibility at this point is simply irresponsible. That is why, as majority leader, I say we are going to stay here and we are going to do the Nation's business. That is our responsibility and you will see that fulfilled. We do have the challenge of being able to do both. I look forward to working with the minority leader and the managers of this particular bill to be able to accomplish that. I am confident we will be able to do that. We have been working on the resolution in support of our troops for several days with the minority leader's staff. We have made real progress. It expresses strong support, I believe, and the sense of this body. We will look forward, hopefully this afternoon, to bringing that to the floor and being able to give that opportunity for people to speak.

Mr. FRIST

Mr. FRIST. I will close on leader time. Mr. President, I welcome the strong bipartisan support and the bipartisan spirit in which this debate has been conducted today, the bipartisan support over the last several hours of remarks. American soldiers, American sailors, and airmen are fighting to end the regime of one of the world's worst tyrants. Our men and women in uniform are in harm's way. They are engaged in battle as we speak. Let us pray for their safety and their success. I am confident of their victory, and I am confident that it will occur at the earliest possible moment. In passing this resolution, the Senate says to the men and women who wear our Nation's uniform and to their families: We are grateful for your sacrifice. As they act to free the Iraqi people from Saddam Hussein's oppressive regime, let there be no mistake--they are defending our own liberty as well. Again I ask in this vote we send a clear message to those brave Americans who are risking their lives for us on the battlefield. Our prayers are with you. Godspeed toward victory. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, not knowing what will happen tonight with the President's statement, as the deadline is reached for Saddam Hussein--and I have been working with the Democratic leader--we have a resolution of support and are working through the language that is most appropriate. We will do that over the course of today. Again, I want to be very careful not to anticipate an outcome which is not quite there, but if military action is begun, we would very soon introduce that resolution and give Senators the opportunity to speak. I think we all recognize that if military action is undertaken, although we hope and pray that things will be very shortlived, we do want to make sure Senators have the opportunity to express their support for our troops and for this President, if this engagement begins. So that is underway. We will address that over the course of the day. I do want to make it clear to our colleagues that we will be here this week until we finish the budget.

Mr. FRIST. Mr. President, this morning the Senate will resume consideration of S. Con. Res. 23, the concurrent budget resolution, with 30 hours left for debate on the resolution. Fifteen hours remain under the control of the chairman of the Budget Committee and the ranking member respectively. Pending is the Boxer amendment No. 272 striking the reconciliation instruction to the Energy Committee relating to ANWR. While Senators on both sides of the aisle participated in the debate last night, there are still several Senators wishing to speak on this amendment this morning. The consideration of other amendments is expected during today's session and rollcall votes will occur throughout the day. The Senate will finish the budget resolution this week. Therefore, Members should expect late nights and rollcall votes for the remainder of the week. I do want to stress to my colleagues that we will finish the budget resolution this week. We have 30 hours for debate and then the voting on the amendments, which is not a part of those hours. Therefore, we really have a challenge over the next 3 days but one that we will step up to and meet. There is a lot of indecision in terms of potential military action abroad. As we all know, the clock is ticking for a deadline tonight and we will take that into consideration, but we will be focused on the budget over the course of today. It is the Nation's business. The American people expect us to pass a budget. We have certain statutory deadlines that we will meet in this Congress and therefore will finish the budget resolution this week.

Mr. FRIST

Mr. FRIST. Yes.

Mr. FRIST. Madam President, I have a couple of objectives. First and foremost will be an appropriate response to military action if our women and men are engaged in combat. There will be an appropriate response in terms of support for our Commander in Chief, as well as the military personnel, which will be discussed on the floor. There will be an opportunity to do that. At this juncture, we do not know when that will occur, if it will occur. In all likelihood, it will occur at some juncture. I think the fact we are hearing from both sides of the aisle that it is important to do--yet the time is uncertain--means I need to go back to the first point the chairman and ranking member made, and that is we have a lot of work to do; that the clock is ticking. The clock is ticking in terms of the budget process itself, in terms of the number of hours on both sides of the aisle. It is critically important that Members of this body come to the floor to offer amendments, to come up with specific language, to debate it and discuss it. That is the reason we are going to be here for the next 6 hours to give that opportunity to Members. We will start in the morning at an early hour in order to fulfill our responsibilities in terms of the budget. That is the plan. We will finish the budget this week. It may be tomorrow or tomorrow night. It may be Friday morning, it may be Friday afternoon, it may be Friday night, but we will finish this budget this week.

Mr. FRIST. As we talked about this morning, a resolution of support for President Bush, and the men and women, our troops, who will be in the field, is being developed in concert with the minority leader, myself, and others. We are working on that language, as the Senator well knows, as we speak. If and when military action occurs, that will be brought to the floor in short order, with an opportunity to express that very important support.

Mr. FRIST

Mr. FRIST. Mr. President, this morning the Senate will resume consideration of the budget resolution. There are now 42 hours remaining under the statutory limit. In order to process amendments, it will be necessary to have lengthy sessions throughout this week in order to complete action on the budget resolution. Members who intend to offer amendments are encouraged to notify the managers of the bill so there can be an orderly consideration of those amendments. As a reminder, there will be a cloture vote, beginning at 12 noon today, on the nomination of Miguel Estrada. In addition, the Senate may recess for the weekly party caucuses to meet during today's session.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now recess until 2:15 p.m. for the weekly party meetings, provided that recess time be charged as under the previous order.

Mr. FRIST

Mr. FRIST. Madam President, we will also encourage our Members to speak on ANWR tonight. I do know there is at least one Member who wants to speak on ANWR tomorrow--at least two people. The other statements were correct. Pay-go will be laid down tomorrow, another amendment will be laid down in the morning, and we will likely have stacked votes some time tomorrow afternoon, the time to be determined based on people's schedules.

Mr. FRIST. I take a second to update Members as to the schedule for this evening and the remainder of the week. There are approximately 35 hours remaining for the consideration of the budget resolution. The two managers were here late into the evening yesterday and have been here all day today. Both are ready for business. Thus, we will continue to around 11 o'clock tonight. Members who will be offering amendments should notify the chairman or ranking member so there can be some sense of order to the process, both tonight and over the next several days, as well. We will finish the budget resolution this week. To that effort, the Senate will need to remain in session late into the evening tonight, tomorrow night, and likely the next night. With that, we will consume the statutory limit of time. Members should be aware of these lengthy sessions this week and adjust their schedules accordingly. With respect to tonight, there will be one other amendment laid down shortly. That amendment will relate to ANWR. A number of Senators will want to speak on that issue tonight. I do not anticipate any further rollcall votes tonight. Again, I will alert Members that we will remain in session late.

Mr. FRIST

Mr. FRIST. Mr. President, last night the President addressed the Nation on the approaching consequences of 12 years of deceit and brutality by the regime of Saddam Hussein. The stark choice presented to Saddam's regime is fully justified: leave or be removed. Saddam has failed to disarm. He has violated 17 U.N. resolutions, attacked his neighbors, threatened regional stability and sought and used weapons of mass destruction. He has assaulted his own people and ruled them by terror. This 12-year saga of deceit and denial now enters its final chapter. For those who suffer daily terror under the oppression of Saddam's regime, for those who have survived torture and imprisonment, for those who watched as family members suffered and died in the agony of chemical weapons attacks, their moment of liberation is near. For those who will defend this dying regime, the moment of reckoning is imminent. The President has shown great patience and given diplomacy every chance to work, but as he stated last night the time to act has arrived. In recent days we have heard intemperate and ill-chosen words of criticism directed at the President from some elected to serve in this great body. Such statements are, simply put, disappointing. We have reached this moment of possible conflict with Iraq, not by our choosing but by Saddam Hussein's. We do not prepare for war because we want to. We do so because we must. The failure of diplomacy to deter Saddam Hussein does not date back to the past 4\1/2\ months or to the beginning of this President's term. The failure of diplomacy traces back through 12 years of defiance by Saddam Hussein, 12 years of deceit by his regime, 12 years of slowly eroding international resolve even among our allies while all the time the threat to this country has grown closer and closer and closer. Since that dark day in September of 2001, many in this great Nation have lived with the fear of the grave and growing threat of terrorism. Instinctively, the American people understand that we cannot permit a ruthless dictator, aggressor and supporter of terror such as Saddam Hussein to pursue and possess the world's most deadly weapons. This is a threat that must be addressed, now. Last night, in committing to meet this threat, the President stated what we have all come to expect and to respect, in him. He said: That duty falls to me as commander in chief by the oath I have sworn, by the oath I will keep. The President has committed the Nation to action. We will not wait while the threat gathers with a destructive force that is incomprehensible. We will live in freedom of fear. I thank the Lord that at this moment of testing, this great Nation is led by this great leader. It has been suggested by some here on the Senate floor that the President acts without justification, without a legal basis, and without the consent of Congress. This is flat out wrong. Mr. President, each and every Senator is entitled to their own opinion, but they are not entitled to their own facts. On August 2, 1990, Iraq--without provocation--invaded and occupied the territory of Kuwait. Through 5\1/2\ months of diplomacy, Iraq ignored demands that it withdraw from Kuwait. And on January 16, 1991, a U.S.-led coalition of nations launched Operation Desert Storm. After the liberation of Kuwait, former President George Bush announced a cease-fire, unilaterally halting offensive military operations on February 28, 1991. On March 3, 1991, General Norman Schwarzkopf and the commander of Iraqi forces concluded a cease-fire agreement, temporarily suspending gulf war hostilities. The cease-fire agreement obligated Iraq to accept unconditionally the voluntary destruction, removal, and rendering harmless--under international supervision--of all nuclear, chemical, and biological weapons, and all stocks of agents, and all related subsystems and components, and all research, development, support, and manufacturing facilities. The cease-fire agreement was ratified and approved on April 3, 1991, by the U.N. Security Council in Resolution 687. That resolution, which is still in force, reaffirms all 13 of the Security Council's earlier resolutions on Iraq's invasion of Kuwait. In a letter delivered to the Security Council on April 6, 1991, Saddam Hussein's regime formally accepted the terms of the cease-fire without conditions. Nevertheless, Saddam Hussein has consistently and repeatedly refused to abide by his obligations to disarm under international supervision as required in the 1991 gulf war cease-fire and succeeding United Nations resolutions, and has attacked U.S. and British aircraft lawfully enforcing these obligations almost continuously since 1991. On November 8, 2002, the United Nations Security Council unanimously adopted Resolution 1441. This resolution gave Saddam Hussein's regime ``a final opportunity to comply with its disarmament obligations,'' which preserved and cited the authorities to act contained in Resolution 687, and placed the burden of proving compliance squarely on the Iraqi dictator. In the intervening 12 years, Saddam Hussein has blatantly and cynically persisted in his illegal refusal to comply with his obligations under the 1991 cease-fire agreement that suspended hostilities in the gulf war, and with Resolution 1441. Mr. President, international obligations such as those which Saddam Hussein has ignored for more than a decade are meaningless unless they are backed by an unflinching resolve and international commitment to enforce them. Given Saddam Hussein's weapons of mass destruction programs, his demonstrated willingness to use these weapons, and possible intersections between his regime, al-Qaida, and other international terrorist organizations, the absence of such resolve could have devastating consequences for world peace in general and to the United States in particular. If it is necessary to act, if Saddam fails to heed the ultimatum, any subsequent military action against Saddam Hussein's regime will be lawful and fully authorized, pursuant to a series of resolutions passed by the Congress, pursuant to the President's Commander in Chief authority under the Constitution, pursuant to the venerable international legal principle confirming the inherent right of a state to defend itself, pursuant to Article 51 of the United Nations Charter, and pursuant to a long series of United Nations Security Council resolutions. In the event of hostilities, the U.S. service men and women on the front lines will have this Congress' full support and the backing of the American people. We will do what it takes to give them the resources they need to complete their mission. Our thoughts and our prayers are with them, and with their families and loved ones here at home. Mr. President, I yield the floor. Mr. WARNER addressed the Chair.

Mr. FRIST

Mr. FRIST. Mr. President, today's third cloture vote on Miguel Estrada's confirmation breaks through a new barrier--not the barrier that some may have hoped for with this exceptional nominee. It is unprecedented that a circuit court nominee be subjected to a third cloture vote. A no vote today remains unfair to this nominee who has been pending over 700 days, it is unfair to the bipartisan majority that wants to end this debate and have a vote, and it is unfair to the President, who deserves better from this Senate. Eighteen times the majority has requested unanimous consent to vote on the Estrada confirmation. Eighteen requests have been denied, even though Senators have debated this confirmation for over 100 hours. Twice before today, a bipartisan majority has likewise requested to end debate by voting for cloture. Others, too, have expressed their desire that we end this debate. Over 113 editorials in 31 States have called for an end to this filibuster and expressed their support for this nominee. Only 11 have expressed the opposite. The filibuster to this nomination continues despite the unprecedented accommodations that have been offered: Repeatedly, the White House has offered the nominee up to answer more written questions; only one Senator took them up on it. Repeatedly, the White House has offered the nominee up to meet privately to answer more questions; only one Senator took them up on it. I have offered the nominee up for a second hearing. The offer was rejected. Now that the minority has stopped saying that Mr. Estrada is unresponsive they now focus on their unlimited request for confidential and privileged memoranda. They do this even though all living past Solicitors General, including four Democrats, have opined that this request is improper. We will not give up. This nominee will be confirmed and we will keep on voting if necessary. The minority's position on this is unreasonable. I hope they will be as accommodating as we have been.

Mr. FRIST. Mr. President, the Senator from Massachusetts earlier made comments as to the Solicitor General memoranda requested for Miguel Estrada that are not well informed and have been refuted by a letter from the Department of Justice, sent to me, dated today, March 18, 2003. I ask unanimous consent that this letter be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I now ask unanimous consent that the Senate resume legislative session.

Mr. FRIST

Mr. FRIST. No.

Mr. FRIST

Mr. FRIST. Madam President, that is correct. There has been an outpouring of feeling for our Chaplain on this very special day, 8 years after he first gave a prayer in this Chamber. With that outpouring of respect, people will be given the opportunity to provide their written statements. Of course, they are welcome to come and make statements, but we are encouraging people to make their written statements part of a permanent book that we will be giving him. We will have morning business and people can come to the Chamber. There will be other morning business conducted as well, but most of the tributes will be going into written form, and we encourage people to do just that.

Mr. FRIST. Madam President, I wish to announce to my colleagues that a truly impressive milestone was just reached with this last vote. Senator Lugar, on this vote just announced a few moments ago, cast his 10,000th vote as a U.S. Senator. That is a feat accomplished by just 21 other Senators in the history of this institution, the Senate. Senator Lugar's vote places him in the company of a distinguished list of Members which includes eight current Senators: Senators Biden, Byrd, Domenici, Hollings, Inouye, Kennedy, Leahy, and Stevens. Most importantly, Senator Lugar's achievement is a testament of his tremendous service, not only to his home State of Indiana but to the United States of America. I ask all of my colleagues to join me in congratulating Senator Lugar for his important milestone. (Applause.)

Mr. FRIST

Mr. FRIST. I announce that the Senator from Colorado (Mr. Campbell), the Senator from Texas (Ms. Hutchison), the Senator from Arizona (Mr. Kyl), and the Senator from Kentucky (Mr. McConnell) are necessarily absent.

Mr. FRIST

Mr. FRIST. Mr. President, while reflecting on Dr. Ogilvie's tenure as Senate Chaplain, I came across a letter of his dated March 31, 1995. He was just 3 weeks on the job. You could already see his devotion not only to his official duties as Senate Chaplain, but his unofficial duties as the spiritual leader of the entire Senate family. In that letter, he writes about the importance of interceding ``personally'' for Senators--for praying for Members, for our families, and for our staff. He says that he is just as close as a phone call and provides not only his work phone number, but his home phone number, as well. He asks that we keep him up-to-date about the needs of others in the Senate family. And he talks about building a ``caring network of people who support each other.'' Yes, this is a man who knew early on the Senate needs more than one prayer at the start of each day. We needed a lot of support from him, from God, and from each other. And that is exactly the kind of spiritual climate Lloyd Ogilvie fostered for 8 years as Senate Chaplain. He conducted Bible studies--which Karyn and I and many in this Chamber regularly attended. He hosted weekly prayer breakfasts and small faith groups. He researched theological questions and advised us on the great moral issues of our times. And when he took time to offer his own private thoughts to God, he always forwarded our petitions with his. He even filled in at the last minute when my office needed a third baseman on our Senate softball team. Now that is going above and beyond the call of duty. Dr. Ogilvie consoled us during our darkest hours--September 11th, the October anthrax attacks, the loss of two Capitol Police officers and three Senate colleagues come to mind. But he was also there for us every day. To help us cope with the stress of our jobs. To help us overcome struggles in our personal lives. And, most of all, to help us keep things in perspective by reminding us we serve the United States in our offices, but we serve God in our lives. So I simply want to say thank you to Dr. Ogilvie, for his many prayers on our behalf, for the many hours he dedicated to his position, and for being there--as the spiritual leader of the Senate family-- every day in the Chamber and every day in our lives. And, lastly, I want to thank him for being such a wonderful and supportive friend. I wish him the best in California with Mary Jane. And though Karyn and I will miss them both dearly, we are certain we will hear from them because they will always be family. And there is nothing more precious to the Ogilvies--as they have demonstrated time and again--than family.

Mr. FRIST

Mr. FRIST. Mr. President, for the information of all Senators, there will be no further votes during today's session. We have had a productive, full week. I thank the managers on both sides of the aisle for today's work and the previous days' work. Earlier today, by a vote of 64 to 33, the Senate passed S. 3, the partial-birth abortion ban bill. I thank all Members on both sides of the aisle for their debate and their courtesies throughout the consideration of that bill. In addition, this week, we have been able to confirm five district judges and one circuit judge. Unfortunately, we were unable to reach a conclusion with respect to the Estrada nomination and, therefore, we will have the cloture vote, once again, on Tuesday. Next week, the Senate will proceed to the budget resolution. The Budget Act provides for 50 hours of consideration and, therefore, all Members should expect late sessions next week. Although we will begin the budget resolution on Monday, no votes will occur that day. Therefore, the next vote, on cloture, will occur Tuesday morning.

Mr. FRIST

Mr. FRIST. I ask unanimous consent the resolution be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table.

Mr. FRIST. I send a resolution to the desk and I ask for its immediate consideration.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that at 2 p.m., on Monday, March 17, the Senate proceed to the consideration of the first concurrent budget resolution, if it has been properly reported by that time.