Bill Frist

Mr. FRIST

Mr. FRIST. I announce that the Senator from New Mexico (Mr. Domenici), the Senator from Kentucky (Mr. McConnell), and the Senator from Oregon (Mr. Smith) are necessarily absent.

Mr. FRIST

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 Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Madam President, the treaty we consider today, known officially as the treaty between the United States of America and the Russian Federation on strategic reductions, is truly remarkable in many respects. The treaty is, of course, remarkable because it encompasses the most dramatic reductions in strategic nuclear weapons ever envisioned between two nuclear powers. It is also worth noting that not since 1954 have the two parties held such a low number of strategic nuclear weapons as that which will be enforced by the agreed numerical limits of this treaty. Many have observed the extraordinary ease by which this treaty was negotiated and compare its three short pages--indeed, it is just three short pages--to the many thousands of pages of documents negotiated between the United States and the Soviet Union during the cold war. This last point is, for me, the most significant of all, for as important as the substance of this treaty is, it is the form--the trust between the United States and Russia--that most shines through. Perhaps this treaty should be known by the epitaph: ``Cold War RIP,'' for it is not unreasonable to hope that this treaty represents and indeed reflects the close of a long era of hostility between these two nations. In the past few weeks, I and many of my colleagues have had the opportunity to meet with a variety of Russian Government officials who have become regular and welcome visitors in Washington, DC. I am struck with the degree to which these meetings are about routine matters. We do not agree on everything, but what is most remarkable to me is we do not disagree on everything. The United States and Russia are entering a new era of relations. Our two nations confront many of the same challenges in today's world, and we have found common cause in responding to the immediate threat of international terrorism. Intelligence sharing and joint action between our two governments has made both of our countries much safer. We seek broader cooperation between our institutions of government, and to that end, I am hopeful the Senate will be able to enter into a deep and longstanding relationship with the upper House of the Russian legislature, the Federation Council. This indeed will build on the excellent work that was initiated and done by my distinguished colleague in the Senate, Senator Lott from Mississippi. Finally, we seek to advance the growing economic relationship between our two countries. Toward that end, I will strongly support legislation to permanently remove the Russian Federation from the Jackson-Vanik agreement. I thank Senators Lugar and Biden for their fine efforts to bring this treaty to the Senate floor in a timely manner. When this treaty was submitted to the Senate, the administration set the not unreasonable expectation that the resolution of ratification not exceed the treaty in length. The committee has indeed met that goal in providing the Senate with a well-crafted resolution of ratification that nonetheless addresses several key elements of Senate prerogative. I congratulate Chairman Lugar and Senator Biden for their fine work. Finally, I trust that all Senators have indeed had time to review the committee report on the treaty. It is my hope those who wish to discuss it will do the managers the courtesy of coming forth to speak. Although amendments are in order, I think it would be a worthy tribute to the work of the Foreign Relations Committee to support this resolution in its current form. I look forward to its approval.

Mr. FRIST

Mr. FRIST. If there is no further business to come before the Senate, I ask unanimous consent the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. For the information of all Senators, this vote will occur Thursday morning. We will alert Members to the precise timing of this vote. At this time, I ask unanimous consent the live quorum under rule XXII be waived.

Mr. FRIST. Mr. President, I want to turn to a final matter of business for me, and it concerns the subject of the Estrada nomination. I want to take a couple of minutes to comment on where we are today. This nomination, as my colleagues know, has been pending on the floor since February 5. It has been just about a month ago that the distinguished chairman of the Judiciary Committee brought forth this nomination. Over that period of time, we have had ample opportunity to have a very good debate. We have had a thorough discussion, and we have had thoughtful discussion, and we have had reasonable discussion. Both sides of the aisle, indeed, have been patient, recognizing the importance of this nomination. We have listened very carefully to the arguments of the other side of the aisle to see if there is any way possible we could get an up-or- down vote, a vote to confirm or not to confirm, but to have the vote. The response to that has been a filibuster, which has been ongoing now, for an exceptional nominee. Again, after a lot of time, a lot of focus, a lot of patience, a lot of thorough discussions, I feel it is time to give more definition to where we are in this nomination. Over this last month we have had 12 session days dedicated to the nomination. We have had active debate and discussion for over 85 hours. We have put forth 17 separate unanimous consent requests which have been denied. We have seen mounds of editorial support accumulate from across the country. The latest count, from 29 States and the District of Columbia, 72 editorials calling for the end of the filibuster and/or support of Miguel Estrada; only ten supporting the other side. We have had the McConnell-Miller letter which was signed by 52 Senators, indicating strong support for Miguel Estrada. We have had offers by the White House to make Miguel Estrada available to Senators who might want to visit with him one on one. I outline that to demonstrate we are doing everything possible to achieve a very simple goal. That goal, consistent with the Constitution, consistent with the advice and consent, is to have an up- or-down vote on this nominee, allowing each Senator to express their will, either yes or no. As I said, the time has come, after being patient, to give increased definition to the debate for people to actually stand up and be counted. I have been denied the only other means I have to reach a vote, and that is through unanimous consent. Thus I have to rely on my only alternative now. That is to generate a vote so that people in this body and indeed the American people can know where each Member stands. That vote will be filing cloture. I do want to point out that filing of cloture is intended to identify where individuals stand and in no way means any walking away from this nomination. In fact, it is just the opposite. If cloture fails, it is the real beginning, I believe, of this important debate that has been underway now for almost 30 days, but which we permitted to continue in order to have that up-or-down vote. If cloture is successful, which I hope, we will be able to go immediately to the vote and we will be able to have this nominee confirmed. If Democrats go on record through this vote as supporting an active filibuster, we and their constituents will be able to address each one of them and ask for an explanation. Filing of cloture represents, in my mind, an active campaign to ensure this fine nominee ultimately is voted upon and thus will win because we know we have the majority votes for him to be confirmed. Thus, this is our first step. By filing this cloture motion we will be, if unsuccessful, racheting up the attention level for this well-qualified nominee. Members will have that opportunity to decide whether this man deserves that up-or-down vote I referred to. Members will get a chance to say whether the President of the United States deserves to have his nominee, the President's nominee, acted upon, voted upon, in this Senate--again, an opportunity for the President's nominee to have an up-or-down vote. Cloture Motion With that said, I now send a cloture motion with 51 signatures to the desk.

Mr. FRIST. Mr. President, I ask unanimous consent that at 12 tomorrow the Senate proceed to Executive Session to consider Calendar No. 1, the Moscow Treaty; provided further it be considered under the following limitation: The treaty be considered advanced through its various parliamentary stages, up to and including the presentation of the resolution of ratification; all recommended committee conditions and declarations be considered agreed to and provided further that all amendments to the resolution of ratification be relevant; further, that following the disposition of the relevant amendments and the conclusion of the debate on the resolution, the Senate then immediately proceed to a vote on the adoption of the resolution of ratification, as amended, with no further intervening action or debate, and that following the vote the President then be notified of the Senate's action.

Mr. FRIST. Mr. President, I also want to add my appreciation to Al Lenhardt, our current Sergeant at Arms. I have had the opportunity to work with Al closely in that he came right before the time when anthrax first struck Washington, DC. I have had the chance to work with him on an intimate basis through that challenge and also over the last year and a half as he brought a current state-of-the-art discipline to that position to give the protection we depend on each and every day. I had the opportunity to share my gratitude directly with the Democratic leader yesterday in his office as we met with Al and Bill Pickle. Unanimous Consent Agreement--The Moscow Treaty, Document No. 107-8

Mr. FRIST. Mr. President, I welcome and introduce to my colleagues, which the Democratic leader and I have had the opportunity to do to our respective caucuses today, Bill Pickle, to be our new Sergeant at Arms, effective March 17. Currently, Bill is the Federal director at the Denver International Airport. He was the first director appointed when the Transportation Security Administration was created last year. Prior to that point, he served briefly as the Deputy Inspector General at the Department of Labor. His real experience and career is with the Secret Service, which he served for a period of 26 years. He served in a number of senior manager positions, the most recent ones being Deputy Director for Training and Human Resources, Special Agent in charge of the Vice Presidential Division, and head of the Secret Service Congressional Affairs Office. Bill is a highly decorated Vietnam veteran. He served with the first Air Cavalry Division from 1968 to 1969 as an infantry sergeant and medevac helicopter doorgunner. Mr. Pickle attended American University, as well as Metro State College in Denver, and holds a degree in political science. He is married and has two children. Again, I welcome him to this body.

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

Mr. FRIST. Mr. President, as in legislative session, I send to the desk a resolution and ask for its immediate consideration.

Mr. FRIST. Mr. President, that would be the final vote of the day, and that would be at 4:30.

Mr. FRIST. Mr. President, as in legislative session, I ask unanimous consent that at 4:20 p.m. today, the Senate proceed to the consideration of S. Res. 71 regarding the recent decision relating to the Pledge of Allegiance; provided further that no amendments be in order to the resolution or preamble, and that there then be 10 minutes for debate equally divided between the two leaders or their designees; that upon the use or yielding back of that time, the Senate proceed to a vote on adoption of the resolution without any intervening action or debate. I further ask unanimous consent that if the resolution is adopted, the preamble be agreed to and the motion to reconsider be laid upon the table.

Mr. FRIST

Mr. FRIST. Madam President, I ask unanimous consent when the Senate completes its business today, it stand in adjournment until 9:30 a.m., Wednesday, March 5. I further ask unanimous consent that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and that there then be a period of morning business until the hour of 11 a.m., with the time equally divided between the two leaders or their designees; provided further that at 11 a.m. the Senate then resume executive session and the consideration of the Estrada nomination; that the time until 12 noon be equally divided between the chairman and ranking member or their designees.

Mr. FRIST. My understanding is you would have the first half and we would have the second half.

Mr. FRIST

Mr. FRIST. Mr. President, first of all, I thank the new Senators who are here. I heard my distinguished colleague from Nevada talk a little bit about what we are about to embark upon. It is a rich tradition of this body. In the last few years, we have gotten away from having what we call a ``maiden speech.'' It is not the first time we have heard from our freshmen Senators on both sides of the aisle, but it does give Members an opportunity to focus, as we just heard, on issues that are important to individual Senators but also are important to the American people in the broadest sense. In this body, because we are always on a particular piece of legislation or in Executive Session, this gives us an opportunity to pause for a moment and shine that spotlight and that focus on an initial speech or discussion. I am delighted we are reaching to the past--not the distant past--to something we have gotten away from in the last several Congresses, and as an initiative by our new Senators are embarking upon what I know will be a great and very meaningful and powerful experience for all of us.

Mr. FRIST

Mr. FRIST. Mr. President, I congratulate my colleague, through the Chair, for his words of inspiration. This concept of unity, this concept of patriotism, this concept of the essence of what being an American is all about, has been a real focus for all of us throughout our lives. September 11, as my distinguished colleague mentioned, gave us a time to rethink. I think what he has done today by introducing this bill is give us a real focus in this body, to allow us to shine the light on what we feel but which we do not articulate and spell out and communicate to the American people very well because we debate small issues, big issues, discreet issues, and a lot of rhetoric flies back and forth. So I appreciate the Senator taking the time to put together this piece of legislation, as well as spelling it out in his maiden speech. I especially appreciate, in his comments, mentioning the importance of teachers and setting up, in a structured fashion, a forum with which he has direct experience, by which we can give some discipline to and cultivate and encourage and show the national importance of its support. He mentioned the Pledge of Allegiance. It was not that long ago in this body that we made a decision to revive having the Pledge of Allegiance recited at the opening of each session. That was really just several years ago. It shows, by somebody taking an initiative, such as my colleague from Tennessee has done, that by giving it definition, you, indeed, can advance down the field and make progress. In this legislation we have an opportunity to continue with and to, indeed, capture what we know this great Nation is all about, and perpetuate it in a more organized, systematic way. Mr. President, I ask unanimous consent that I, too, be added as a cosponsor of this legislation.

Mr. FRIST

Mr. FRIST. For the information of all Senators, tomorrow there will be a period of morning business to allow Senators to introduce legislation and also to make statements. At 11 a.m. we will once again resume the Estrada nomination. As a reminder to our colleagues, the cloture motion was filed on the Estrada nomination earlier this afternoon. That cloture vote will occur on Thursday morning and Members will be notified as soon as a specific time is locked in for the vote. Under a previous unanimous consent agreement, the Senate will begin consideration of the Moscow Treaty at noon tomorrow. Relevant amendments are in order to the resolution of ratification, and therefore Senators should expect rollcall votes during tomorrow's session. While I regret that such action had to be taken, in terms of the filing of cloture, I believe it is in the best interests of the Senate to move this process forward.

Mr. FRIST

Mr. FRIST. I ask unanimous consent the resolution and preamble be agreed to en bloc, the motion to reconsider be laid on the table, and any statements relating to this measure be printed in the Record, without any intervening action or debate.

Mr. FRIST. Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 73, submitted earlier today by Senators Cantwell and Murray.

Mr. FRIST

Mr. FRIST. I further ask unanimous consent that where applicable the committee amendment be agreed to, the bills as amended be amended, the bills be read a third time and passed, the motions to reconsider be laid on the table, any statements relating to the bills be printed in the Record, with the above occurring en bloc.

Mr. FRIST. I ask unanimous consent the Senate proceed en bloc to the immediate consideration of the following bills: Calendar No. 12, S. 111; Calendar No. 13, S. 117; Calendar No. 14, S. 144; Calendar No. 15, S. 210; Calendar No. 16, S. 214; Calendar No. 17, S. 233; and Calendar No. 18, S. 254.

Mr. FRIST

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

Mr. FRIST

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

Mr. FRIST

Mr. FRIST. I announce that the Senator from New Mexico (Mr. Domenici), and the Senator from Kentucky (Mr. McConnell) are necessarily absent.