E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, APRIL 1, 2003 No. 52 Senate The Senate met at 9 a.m., and was RECOGNITION OF THE MAJORITY HONORING OUR ARMED FORCES called to order by the PRESIDENT pro LEADER Mr. FRIST. Madam President, we are tempore (Mr. STEVENS). The PRESIDING OFFICER (Ms. MUR- now 12 days into Operation Iraqi Free- The PRESIDENT pro tempore. To- KOWSKI). The majority leader is recog- dom. As I mentioned yesterday, I had day’s prayer will be offered by our nized. the opportunity to visit the post of the guest Chaplain, Monsignor Robert f 101st Airborne Division this weekend. Fuhrman, the Church of St. Gabriel, in It was a remarkable opportunity for Saddle River, NJ. SCHEDULE me, and I wish to share with you a cou- Mr. FRIST. Madam President, this PRAYER ple of my thoughts on that visit. morning the Senate will be in a period Our troops over the last 12 days have The guest Chaplain offered the fol- for morning business until 10 a.m. advanced 220 miles and now are sitting lowing prayer: Members who wish to make statements about 50 miles outside of Baghdad. We Let us pray: in support of our troops are encouraged are all exposed, on the television and Almighty Father, terror and tyranny to do so over the next hour. through our briefings, to the repetitive are our enemies. Disunity is our enemy At 10 a.m., the Senate will proceed to pounding of military targets day and too. But United States are States that executive session to consider the nomi- night throughout Iraq. The key point, I endure! At this time of international nation of Timothy Tymkovich, to be believe, is that we do keep building our stress we stand before You and wonder: Circuit Judge for the Tenth Circuit. momentum both in Iraq and in Amer- Could there one day be worldwide tran- Under the previous order, there will be ica. quility? May we know peace? Will all up to 6 hours for debate on the nomina- We have achieved many key objec- Your people ever recognize their re- tion. It is hoped that the nomination tives, and we will—there is no ques- sponsibilities to each other as the one will not require all of the 6 hours and tion—we will achieve our ultimate ob- human family? that we will be able to yield back time jective, and that is to disarm Saddam Loving God, our countless personal and have a vote a little bit earlier. Hussein and to liberate the Iraqi people freedoms distinguish us and allow us to The Senate will recess at 12:30 p.m. from his oppressive rule. fulfill our potential and Your plan. for the weekly party luncheons. I am confident about that for so Help all Americans to count our bless- We are also attempting to reach many reasons, but a lot of it has be- ings so that we will remain unified, es- agreements on several other pieces of come real to me in a very personal pecially so the war may end quickly, legislation, including the CARE Act, sense after my visit to the 101st Air- with evil suffering a singular defeat. the FISA bill, and other bills relating borne Division. For example, SP John Lord, the Congress leads by serving, to our Armed Forces personnel. We will G. Young is assigned to the A Com- by representing and expressing the will also continue to process nominations, pany, 8th Battalion, 101st Airborne Di- of the people who are privileged to be including judges, as they become avail- vision. He left Fort Campbell on March Americans. Guide the Senate in the able. 1 of this year for Kuwait. He is crew light of Truth. Give these men and As a reminder, a fourth cloture vote chief on a CH–47 somewhere in the women the support and the challenge will occur on the Estrada nomination Iraqi desert. He is newly married. He is of a united people who never let patri- during tomorrow’s session. expecting a child in a few months and otism wane. A house divided against Finally, I expect the Senate to begin is doing an extraordinary job in Oper- itself will fall. May this House never the supplemental appropriations bill on ation Iraqi Freedom. We thank him, we fall. We make all our prayers with con- Wednesday, if that bill becomes ready thank his mother, and we thank his fidence in You who live and reign for- for floor action. I hope we can expedite wife for their courage. At the 101st Airborne Division, ever and ever. Amen. the consideration of that bill this week so that we are able to continue the Karyn, my wife, and Jonathan, my son, f flow of resources to our troops in the and I attended church services with the PLEDGE OF ALLEGIANCE field. spouses and children of the Fort Camp- The Honorable CONRAD BURNS, a Sen- Therefore, all Senators should expect bell 101st Airborne Division. There are ator from the State of Montana, led a very busy week with rollcall votes 50 chaplains as part of the 101st Air- the Pledge of Allegiance, as follows: each day. borne Division and 46 of those chap- I pledge allegiance to the Flag of the Madam President, I yield the floor. I lains are overseas in Iraq and Kuwait. United States of America, and to the Repub- wish to make a brief statement about Seeing these families and the faces of lic for which it stands, one nation under God, our troops, but I will be happy to yield. these very young children as the pastor indivisible, with liberty and justice for all. Mr. REID. I do not have anything. gathered them around the pulpit and

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.000 S01PT1 S4594 CONGRESSIONAL RECORD — SENATE April 1, 2003 came down and sat on the floor with HONORING OUR ARMED FORCES The PRESIDING OFFICER. The Sen- the children asking them what their Mr. BURNS. Madam President, I rise ator from Maine. impressions were, what they pray for— to share another story that comes from Ms. SNOWE. Madam President, I ask the children were very young, 2, 3, 4, up the battlefield of Iraq. There are a unanimous consent to speak for up to to about 7 years of age. thousand of these stories, but I think it 10 minutes. The PRESIDING OFFICER. The Sen- One said: I pray for my daddy who is is the way we start our day as a re- somewhere in the desert. ator has that right. minder of exactly what is going on at Ms. SNOWE. Madam President, I rise Another little girl raised her hand as ground level—in other words, where they sat, about 20 of them, around the today to pay tribute to the more than the rubber hits the road. 43 United States soldiers who have sac- pastor, and said: I pray that Saddam In the last 12 or 13 days, we have seen rificed their lives in the mission to lib- Hussein quits doing bad things to other how deeply committed our men and erate the Iraqi people and to disarm people. women in uniform are. They fight for a Saddam Hussein: The 16 who are miss- The innocence, the understanding, great cause of disarming Saddam Hus- ing, the 7 who have been captured, the and the wisdom of these young children sein’s regime from its weapons of mass was very apparent. 109 who have been injured, and all of destruction, but also at the same time those men and women on the ground, I also had a chance to talk to Michele they understand that they are our Schumer, whose husband is a member in the skies, and on the seas, who are brother’s keeper. so bravely supporting the cause of Op- of the Special Forces and is currently What brought this home to me was a deployed in Iraq. Michele is the mother eration Iraqi Freedom. picture of this one marine carrying his By now, we have all seen the images of a child in kindergarten and has an- injured comrade from the battlefield. on our television screens, yet little can other child on the way. It is as awe inspiring as any imagine we truly comprehend the real nature of We talked to Adra Barna, a mother of that might come from the field of con- the dangers they face, and the courage 3-year-old twin girls, who clearly had flict. One man hurt his leg. His buddy they must summon. Let us then dedi- her hands full as we watched her man- slings him over his back and carries cate these days to the acknowledgment age them during the church service. him safely, like a firefighter rescuing of their heroism, for how profoundly Her husband is deployed in Iraq as well. somebody from a burning building. grateful and blessed we are that these I talked to Julie Sparkman. She and Only in this case, it looks as though men and women are committed to serv- her husband are newlyweds. It is hard the enemy was not being cooperative ing our Nation and the ideals for which for anyone at any point to be sepa- or too helpful. it stands during this pivotal and tu- rated, but to be separated shortly after Men serving in battle form iron multuous chapter in America’s proud marriage clearly introduces all sorts of bonds. They have to because it is for history. feelings that we all can share with the person next to them and for their In particular, I rise this morning to Julie and her husband. Having just country. Those bonds often forge the honor two Maine sons—Marine MAJ been married, imagine the fear when determination and the will to win. We Jay Thomas Aubin and Marine CPL there was that first grenade attack at can see the grim determination etched Brian Matthew Kennedy—who were Camp Pennsylvania: Was my husband in the face of the marine who is doing among the twelve U.S. and British Ma- involved in that or not? Was he injured the carrying. He seems to be thinking: rines killed Thursday, March 20 when or not? He was not, but again, we can It is all right, buddy. We will be out of their CH–46E Sea Helicopter crashed in personalize in many ways the experi- here. You are in good hands. Kuwait, just seven miles from the Iraq ences that result from the tremendous Then perhaps when they reached the border. While I never had the oppor- service of these young men and women. point where they were saved, the guy tunity to meet these two exceptional Above all, these families are patri- being carried likely responded: You do Marines in person, over the last week I otic. I thought the atmosphere would it for me, Semper Fi. feel I have come to know them, at least be very somber. In truth, it was very Some would say these two marines in some small but very meaningful upbeat, optimistic, and energetic. are heroes. But I would not put them in way. These young spouses are so proud of the hero class. They are America. They MAJ Aubin and CPL Kennedy em- their husbands being able to serve all are the story of America. The marine bodied the Marine Corps values of of us and able to literally put their who was hurt is from Oregon. The ma- honor, courage and dedication—no lives on the line for those causes of rine who saved him is from South Caro- matter the odds, no matter the fight. freedom, democracy, and peace. lina. It does not matter what State one They had the mental, moral and phys- In closing, the families of Fort Camp- is from; their bond is in the unit in ical strength to follow the U.S. Marine bell did ask me to share with the Presi- which they serve and in the miniature decree to do the right thing, in the dent their support and their prayers for stars-and-stripe patch sewn on every right way, for the right reasons. Both the tremendous job he is doing as Com- shoulder of every sleeve. men willingly and knowingly laid their mander in Chief. They are concerned For the marine from Oregon, his lives on the line to support and defend about their loved ones but proud they bond was his family heritage. His fa- the U.S. Constitution and protect our are able to serve the United States of ther was a career marine who rose to national security. Both men believed in America. the top rank of sergeant major. His fa- their mission. I yield the floor. ther was in Beirut, Lebanon, in 1983 Marines are often described as a fam- when terrorists bombed the Marine ily. They are initiated en masse by f barracks, losing 241 of his buddies. The boot camps and extreme conditions RESERVATION OF LEADER TIME father served in combat in 1991 during many of us cannot even begin to imag- Operation Desert Storm. The day after ine. They train together day in and day The PRESIDING OFFICER. Under the son shipped out for Kuwait, that out and understand each other’s strug- the previous order, the leadership time marine’s father died. The son returned gles, fears, and feelings of pride. And is reserved. home to the funeral, returned to the they fight together, bound by a com- f scene, and caught up with his unit. mon code and a calling, gallantly fac- The depth of commitment of our ing any enemy whose goal is the de- MORNING BUSINESS brave Americans is shown on the bat- struction of our way of life. The PRESIDING OFFICER. Under tlefields not only here but also in our Indeed, they live by one simple truth, the previous order, there will now be a history. It is a cause to them and one that risking American lives is some- period for the transaction of morning that inspires us. May we who are in the times necessary to defending America’s business not to extend beyond the hour policy business learn our lesson to be freedom. This realization and their of 10 a.m., with the time to be equally that inspiring. We, too, should be willingness to act upon it is what divided between the Senator from where most of them are, where the rub- makes the sacrifice of MAJ Aubin and Texas and the Democratic leader or ber hits the road. This is where it is CPL Kennedy all the more poignant. their designees. carried out. So we must celebrate their lives and The Senator from Montana. I yield the floor. memories as the extraordinary people

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.003 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4595 they truly were. I attended a service sionate about his job and his country.’’ tue. Promises may not be kept; this past weekend in Winslow, ME, for His alma mater held a memorial serv- plighted faith may be broken; and MAJ Aubin. The day was made all the ice to honor him and has established a vaunted virtue may be only the cun- more special as CPL Kennedy’s mother, scholarship in his name. This is a man ning mask of vice. Melissa Derbyshire, was also in attend- who was well loved and who touched ‘‘We do not know one promise these ance, and my heart goes out to both the lives of everyone around him, espe- men made, one pledge they gave, one families brought together by sorrow in cially his family. His aunt, Rella Col- word they spoke; but we do know they what for them is surely the most dif- lins, describes him as ‘‘the best of the summed up and perfected, by one su- ficult of times. It is through remem- best. He did us all proud.’’ According to preme act, the highest virtues of men brance that these two great Mainers his mother in his last conversation be- and citizens. For love of country they will live on, so today and forevermore fore he departed, Jay was at peace with accepted death and thus resolved all we will remember. his mission, remarking ‘‘If anything doubts, and made immortal their patri- The eldest of three sons, MAJ Jay happens to me, just remember I’m otism and virtue.’’ Thomas Aubin was a native of happy and I’m doing what I love to James A. Garfield could not have Skowhegan. As a young child, his un- do.’’ said it better. The enormity of the con- dying first love was flight. His grand- The same has been said about Cor- tribution made by our military men father was an airplane mechanic and poral Brian Matthew Kennedy, whose and women overwhelms the words we his father spent his spare time buying, mother, Melissa Derbyshire, and step- have within our grasp to honor that selling and flying airplanes. His moth- father, John Derbyshire, live in Port contribution. The entire nation will be er, Nancy Chamberlain, said Jay start- Clyde, Me. John’s description of Brian forever indebted to Major Jay Thomas ed flying when he was two years old. gets to the heart of his character— Aubin and Corporal Brian Matthew She recalls that his father, Thomas ‘‘This man loved living and life itself. Kennedy. The Aubin, Chamberlain, Aubin, had some two-seater planes and His greatest pleasures were cooking, Kennedy and Derbyshire families are in would take him flying from eating lobster and mussels, his friends, my thoughts and prayers, and I hope Norridgewock Airport. His brothers lacrosse, rock climbing and doing his all of the Senate will join me in hon- Joel and Jeffrey always considered him best at any task he was given to do— oring these two outstanding, excep- to be the ‘‘overachiever of the family’’, just as he did his job as a Marine crew tional, extraordinary Marines today. I yield the floor and suggest the ab- pointing out his ‘‘student of the chief aboard the CH–46 helicopter.’’ sence of a quorum. month’’ and ‘‘student of the year’’ Corporal Kennedy graduated from The PRESIDING OFFICER. The awards from Skowhegan Area High Glenbrook South High School in Glen- clerk will call the roll. School and his participation in after- view, IL with honors in 1995 and then The legislative clerk proceeded to school activities, like band and wres- attended Purdue University before call the roll. tling. He even set up his own ‘‘boot transferring to Texas Tech. He enlisted Mrs. BOXER. Madam President, I ask camp’’ in his senior year so he would be in the Marines in 1999, according to his unanimous consent that the order for in top physical shape. own words, ‘‘because he thought he the quorum call be rescinded. Jay joined the Marines straight out could do the best job.’’ The PRESIDING OFFICER. Without of high school and was fortunate He had been a Marine for 3 years objection, it is so ordered. enough to meet the woman who would when he was lost to us in last weeks’ Mrs. BOXER. Madam President, Sen- later become his wife, Rhonda who was helicopter crash. His family members ator LINCOLN has been coming here also a Marine at the time. They were speak of his sacrifice. His mother, Me- every morning on behalf of the Demo- married and have two children, Alicia, lissa, recalls him having to wait in line cratic side of the aisle, and I know Sen- 10 and Nathan, 7. Jay was in the Ma- for 3 hours to just call home. Brian ator HUTCHISON and others have come rines for 4 years, came home to Maine told his mother he would do his best to on behalf of the Republican side. Sen- and enrolled in Southern Maine Tech- come home, but she says she ‘‘was ator LINCOLN asked me to come down nical College in 1989 and earned an as- lucky enough to know him for 25 here to pay tribute to our young men sociate’s degree in applied science and, years’’ and she remembers him ‘‘always and women. It is an honor for me to do later, a bachelor’s degree in business laughing and having a good time.’’ this. management from the University of Brian’s father, Mark Kennedy, speaks Very sadly, this morning I come Southern Maine. of his son’s time in the Marines, saying down to pay tribute to five young His love and dedication to the Ma- Brian was ‘‘very pleased to be in Ku- Americans who were killed in the Iraqi rines was so strong that upon gradua- wait and was thrilled to have the as- war, all of them from California or tion Jay re-enlisted as an officer. A signment he had. He gave his life in an based in California. I have done this be- true testimony to his skill and leader- effort to contribute to the freedom of fore. We have lost an additional 10 to ship, he was invited to join the elite the Iraqi people.’’ whom I have payed tribute already, corps that pilots the Presidential heli- We will all agree that these brave and that is a very large proportion of copter, Marine One. But before he was young men did not die in vain—indeed, those who have been lost. able to assume this new duty, he was in the words of Melissa Derbyshire, As we pray for all of those in harm’s asked to become a ‘‘Top Gun’’ instruc- ‘‘they died for all of us.’’ The loss of way, I think it is important to put a tor in night flight for helicopter pilots. life is the ultimate tragedy of war, but human face on war, and therefore I He, Rhonda and their children moved from it, we can hope, will come peace. come down to discuss the great loss we to Yuma, AZ, in June, 2002 to complete It is the Jay Aubin’s and Brian Ken- feel in our State. his latest mission and he remained nedy’s of our unique history that have First is Navy Hospital Corpsman there until he was called to go to Ku- enabled America to become the great- Third Class Michael Vann Johnson, Jr., wait. est democracy civilization has ever age 25, killed on Tuesday, March 25, in After his tragic death, his mother re- known. They are a constant reminder Iraq, while attending to injured ma- ceived a letter Major Aubin had mailed of the sacrifice of one generation for rines. He was assigned to the Naval two days before his helicopter went the next. It has been said we are the Medical Center, 3rd Marine Division down. It said, ‘‘I want to thank you for land of the free precisely because we Detachment, in San Diego, CA. Michael everything over the years. You always are the home of the brave. was born and raised in Arkansas and tried your best to put us first at your At the first national Memorial Day graduated from Parkview High School expense.’’ With that letter, it was as service, in 1868, General James A. Gar- in Little Rock. He attended the Univer- though his mother, Nancy, could hear field, the future President, addressed sity of Central Arkansas in Conway be- her son’s voice one last time—and what the difficulty in speaking of fallen fore joining the Navy in 1997. He is sur- she heard was a message of undying Americans. During a ceremony at Ar- vived by his wife in San Diego, his par- gratitude and love. lington National Cemetery, Garfield ents, and his seven siblings. I send In recent days, his friends and family said: them my deepest condolences. have described him as ‘‘genuine and ‘‘With words,’’ Garfield said, ‘‘we MAJ Kevin Nave, age 36, was killed friendly and always smiling’’ and ‘‘pas- make promises, plight faith, praise vir- March 26, in a vehicle accident in Iraq,

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.003 S01PT1 S4596 CONGRESSIONAL RECORD — SENATE April 1, 2003 assigned to the 3rd Battalion, 5th Ma- These troops are our children. I am a young children there are crying out for rine Regiment, 1st Marine Division, mother. I am a grandmother. These help during this time. Impact aid is Camp Pendleton, CA. His wife and his troops are our children. Some of them something that we give to these areas two children live in Oceanside, CA. He are parents themselves. So let us not to help them meet the needs of those is from Union Lake, MI. He was on the deal with who loves our young people families. Clearly, they need this help football team and wrestling squad at more. The debate is about policy, and at this time. Waterford Kettering High School in there will be much time to debate that There are two ways to help: One is to White Lake Township, MI. policy as there was before this war. push forward with impact aid—I hope LCpl William W. White, age 24, was And anyone who has a feeling about we will do that—and, secondly, to help killed in a vehicle accident on March that policy has a right—I would say a me with this legislation which would 29, in Iraq. He was assigned to the 3rd duty—to express that view regardless say that two parents of a minor child Amphibious Assault Battalion, 1st Ma- of what that view is because that is cannot go to a combat zone at the rine Division, Camp Pendleton, CA. He what makes our country strong, that is same time. was from Brooklyn, NY. what makes us different from other Last week there was an editorial in GySgt Joseph Menusa, age 33, from places. the Washington Post entitled ‘‘Mothers San Jose, CA, died on Thursday, March So that is my message to the people at War.’’ The editorial calls on the De- 27, from a gunshot wound. He was as- of my State: to respect each other’s partment of Defense to consider stag- signed to the 1st Combat Engineer Bat- differences. This isn’t a debate about gering the deployment of two parents talion, 1st Marine Division, Camp Pen- who loves the troops more; it is about so the impact on children is minimized. dleton, CA. He was born in the Phil- policy. That is exactly what my legislation ippines and moved to San Jose when he California is contributing mightily to does. I hope I will get help with it. was just 10 years old. He served in the the military effort in Iraq. I have read It is a horror to lose one parent in a 1991 gulf war and was a marine re- you the names of many who have died war and one that one never, ever gets cruiter in the San Francisco Bay area. so far. Tens of thousands of military over. To lose two parents in such a cir- His wife and his young son live at men and women have been deployed cumstance would be beyond devasta- Camp Pendleton. from my State. tion. The Department of Defense LCpl Jesus A. Suarez Del Solar, age One of them, Patrick Sailors, is a should work to ensure that the chil- 20, died Thursday, March 27, in combat chief warrant officer in the Marine Re- dren of dual military families never action in Iraq. He is from Escondido, serves, and he is the brother of one of have to suffer seeing both parents sent CA. He was assigned to the 1st Light my most treasured staff members, off to a combat zone at the same time. Armored Reconnaissance Battalion, 1st Kelly Gill, who works out of my Fresno This is an issue whose time has come. Marine Division, Camp Pendleton, CA. office. He is a member of the Marine I ask, what is the order at this time? He moved from Mexico to the United Wing Communications Squadron 48, at- The PRESIDING OFFICER (Mr. States in the late 1990s with his family. tached to the 3rd Marine Aircraft CORNYN). Morning business is to con- He attended San Pasqual High School Wing, 1st Marine Expeditionary Force clude at 10. in Escondido and graduated from Es- Mrs. BOXER. Is it the understanding, that is now in Iraq. condido’s Valley High School in 2001. Chief Warrant Officer Sailors has further making a parliamentary in- He is survived by his wife and his 1- spent 17 years in the Marine Corps and quiry, that the Democrats have until 10 year-old son, as well as many family is a second-generation marine. His wife or is that not determined? The PRESIDING OFFICER. The Sen- members in Los Angeles County, San Liz and their two children are awaiting Diego, and Mexico. ator is correct. his return to their home in Galt, CA. As I said, I have already read the Mrs. BOXER. I will continue until 10. His parents, Delbert and Carol Sailors, names of 10 others into the CONGRES- Mr. REID. Madam President, if the live in California as well. SIONAL RECORD: Senator from California will yield, the CPL Randal Kent Rosacker, age 21; I pray that Patrick Sailors and all of Senator from Texas is here to speak. I LT Thomas Mullen Adams, age 27; our men and women are safely returned am sure the Republican leadership CAPT Ryan Beaupre, age 30; 2LT to their families as soon as possible. would not care if we extended morning Therrel Shane Childers, age 30; LCpl Madam President, one of the things I business so she could complete her Jose Gutierrez, age 22; CPL Brian Mat- have noticed—I am sure you have no- statement. I have spoken to the distin- thew Kennedy, age 25; SSG Kendall ticed—is that many of those who are guished Senator from Colorado who Watersbey, age 29; SGT Michael Bitz, losing their lives are parents. Before will speak about a Colorado judge who age 31; CPL Jose Garibay, age 21; CPL the vote on the resolution giving the will be up next. Jorge Gonzalez, age 20. President the authority to go to war I ask unanimous consent that the So, Madam President, out of the 43 without U.N. backing, I had a con- Senator from Texas be allowed to con- who were killed, 15 were from or based versation with one of the most treas- tinue as in morning business after the in the State of California. And my ured Members of this body who had hour of 10 until she completes her State mourns them. May these beau- fought in World War II. He pointed out statement. tiful young Americans rest in peace. to me that so many of our people who The PRESIDING OFFICER. Is there And may the war end soon. are over in Iraq are members of the Re- objection? I pray for the wisdom of those who serves and the Guard. They have fami- Mr. ALLARD. No objection. send these young men and women on lies. They have children. They have The PRESIDING OFFICER. Without their mission. spouses. objection, it is so ordered. The people of my State feel very I am very concerned about those fam- Mrs. BOXER. I wanted to make sure strongly on both sides about this war. ilies and about the children of those I was functioning under the rules. It is I say to them today that they have dual-military families. I am very con- very important that we have a chance every right to express themselves for cerned about deploying a mother and a to pay tribute to the young men and and against this war; that those are in- father into a combat zone at the same women who are out there. The debate deed the freedoms that are the basis of time. over what the expectations were in this our Nation. I also say to both sides Two weeks ago I introduced S. 687 war will go on for many weeks and that however one feels about the policy which would prohibit the concurrent months and years. I am not here to de- of this war—people know how I felt—I deployment of both parents with minor bate that. What I am here to say is voted for the Levin resolution because children to a combat zone. I hope my that when all of us said that war is a I did not want us to go it alone, or vir- colleagues will join me in this legisla- last resort—and that was stated by ev- tually alone, because I was fearful of tion. eryone—I think we see daily why we what could happen; and I felt it was In discussing education legislation said that. We see daily why we have to important to lead the world as a super- back home, it has come to my atten- try everything short of war that we power. Whether you are for or against tion that in school districts where can. this war, this isn’t about who loves the there is a heavy population of military In my own history in the Senate, I troops more. families, they are finding that the have voted to go to war twice. I voted

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.006 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4597 not to go twice. Each of us in our own go into action. ‘‘It was very short and catch a newscast on the Spanish lan- mind makes this decision. Of course, very special,’’ she says of the call. guage network, Telemundo. ‘‘They said our voters will decide whether we were Three days later, he died, when his Sea five Americans had been captured in correct or not. But regardless of the Knight helicopter crashed in Kuwait. Iraq. I caught one African-American fe- policy fights, what we have to contin- He said to his dad: We are ready. We male, 30 years old, from the 507th. Her ually remember, every single minute, are ready. We are trained. We are ready name was Shana. I said it’s got to be is that we have our sons and daughters to go. He was very proud. His parents her.’’ over there right now. are very proud of him. It was. Now her large extended fam- Unlike other wars, many of them are SSgt Phillip Jordan, U.S. Marine ily, including more than a dozen cous- parents. So the tragedy of losing them Corps, 42 years of age, Brazoria, TX: ins, is watching and waiting. They are cuts deeper and deeper than were they Everyone called him Gump because he inspired by the relatives of Elizabeth not, because the tragedy cuts to the was so relentlessly upbeat. His son Smart who helped stay in the forefront parents and the grandparents and to Tyler, 6, wants to be a marine like his of the press until their 15-year-old kid- the spouses and to the children. And father who was killed in a fire fight napped daughter was returned. ‘‘We for a child to really never know their after a group of Iraqi soldiers feigned just want her to be treated humanely,’’ father or mother cuts very deep. surrender. Nikki told Newsweek, ‘‘and to return I pray that this war ends soon. I pray Some are missing. Specialist James home swiftly and safely.’’ that we don’t see more of these deaths Kiehl, U.S. Army, 22, Comfort, TX, a I talked to the mother of one of those and casualties and POWs. I pray that computer technician with the 507th killed in Afghanistan last week and she the POWs are treated right—they must Maintenance Company: Kiehl was said, ‘‘What I want is to make sure be treated right according to the Gene- among the missing in the convoy am- that my son did not die in vain.’’ I as- va Conventions—that we find out more bush near An Nasiriya. His father sured her that her son did not die in about them and that the Red Cross can Randy has been monitoring war news vain; that the war on terrorism is get in there and see that they are OK. on two televisions, three phone lines, going to protect the freedom for chil- I pray that we won’t see casualties to and a computer, keeping up a strong dren and grandchildren throughout innocent children and women. I pray front and a strong face for the media, America, and our staying vigilant and for a lot. just in case they showed James any staying on course will ensure that none Today I pay tribute to my Califor- footage from back home. of those who are already dead or are nians who will never come back and see PVT Ruben Estrella-Soto, U.S. missing will be forgotten. They have our beautiful State. I hope I won’t have Army, 18, El Paso: His father opposed paid a heavy price for freedom and we to come here in the days and weeks to his enlisting but he wanted to study will always revere and respect them for come with more names. engineering, and he was enthusiastic what they have done for our country. I yield the floor. about going into the military and get- That concludes the tributes for The PRESIDING OFFICER. The Sen- ting his education. He disappeared in today. The Senate is setting aside 1 ator from Texas. the ambush on March 23 along with his hour every day for people to come to Mrs. HUTCHISON. Madam President, friend Edgar Hernandez, who later the floor and talk about some of the I begin by saying I appreciate Senator turned up on Iraqi TV. But Estrella- wonderful acts that are being done by ENZI. Senator ENZI came to the floor to Soto’s fate was unknown. ‘‘Not know- our young men and women on the field speak about a subject very important ing anything is hard,’’ Ruben Estrella, as we speak today—protecting the way to him. I asked him if he would mind Sr., told reporters. of life we have come to enjoy. letting us spend this entire hour in a CWO Johnny Villareal Mata, U.S. Mr. WYDEN. Mr. President, I speak tribute to the troops. He readily Army, 35, Pecos, TX: Mata grew up in today with a profound sense of loss. A agreed. I appreciate his courtesy be- a desert town just 200 miles from Fort brave, young soldier from my home cause we are reserving the first hour of Bliss, where his 507th Maintenance State of Oregon, Brandon S. Tobler, every day when our troops are in the Company is based. was killed in Iraq. Oregon’s first war field to giving tribute to them, talking SP Edgar Adan Hernandez, U.S. fatality, Army Reserve SP Brandon about some of the events that have Army, 21 years old, Alton, TX: ‘‘He’s Tobler, who was only 19, lost his life in happened in the field, talking about got a noble character,’’ his mother, a Humvee accident during a sand some of the acts of heroism, the indi- Maria de la Luz Hernandez, says in storm. I have the last correspondence vidual acts, showing pictures of what Spanish. She then inadvertently Brandon’s parents received from their life is like over there. I have done that slipped into the past tense: ‘‘He was a son, an e-mail sent just 2 weeks prior on several occasions. I will again. good brother, a good son, respectful to to his death on March 22, 2003. Today I want to talk about our pris- the whole world.’’ Hernandez, though, Brandon was the only son of Leon oners. As the distinguished Chair un- she believes is really alive. And he, too, and Gail Tobler of Portland. He grew derstands—the Presiding Officer at this was shown on Iraqi TV. up there and joined the military to time is the other Senator from Texas— Captured: Army SP Shoshana John- help pay for college. He was in a con- Texas is the base for the largest num- son, 30 years old, El Paso, TX: Her voy headed to Baghdad providing engi- ber of our active-duty military. One in name means ‘‘rose’’ in Hebrew, the in- neering support to the combat troops. 10 active-duty personnel calls Texas spiration of an aunt who once worked Private Tobler’s death reminds us that home. It is the home base for 114,000 ac- as a nurse in Brooklyn. But her family a soldier doesn’t have to be on the com- tive-duty service members. California is Panamanian American, and although bat line to face tremendous danger and comes in second with 107,000. North she grew up in an Army family, she possible death. His letter reminds of Carolina comes in third with 86,000. So never expected to find herself on the the bravery of each and every person we do feel a personal effect of this war. front line. She is funloving, her young- who puts on a uniform for the United We also feel a sense of pride that it is er sister Nikki says. She also says, States. Private Tobler will be laid to our young men and women, along with ‘‘She is outgoing, independent and rest in the Willamette National Ceme- all of those from the other States, who trustworthy—definitely not the kind of tery in Portland, OR, on April 3, 2003. are out there on the front lines, pro- person who stays in front of the TV day I ask unanimous consent that Bran- tecting the freedom we enjoy so much in and day out.’’ Shoshana’s dream was don’s letter be printed in the RECORD. every day. to be a chef, but culinary school costs There being no objection, the mate- I would like to talk about some of a lot of money, and Army cook was rial was ordered to be printed in the those who have made the ultimate sac- close enough. It seemed safe enough, RECORD, as follows: rifice and some of those about whom too. we are not sure at this time. Cpl Brian But early on the morning of March HEY MOM AND DAD, How are things with you, I hope you are both doing ok. I am Matthew Kennedy, U.S. Marine Corps, 23, her father, Claude, was flipping doing fine, things here are going ok we are 25 years old, from Houston, TX, grew through the channels looking for a car- just keeping busy. I am a little stressed but up in Glenville, IL. He called his mom toon show for Shoshana’s two-year-old other than that I am alright, I have been on March 18 to tell her he was about to daughter, Janelle. He happened to loaded down with a lot of tasks that I have

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.008 S01PT1 S4598 CONGRESSIONAL RECORD — SENATE April 1, 2003 not even been trained for, but I think I am The PRESIDING OFFICER. Without life on hold to await action by the Sen- doing an ok job. Anyway I am sorry that I objection, it is so ordered. ate on his nomination. In Mr. have not written you guys lately and I know Mr. ALLARD. Mr. President, I Tymkovich’s case, he had to endure 2 I have been writing Val a bit more than you strongly support the confirmation of years of uncertainty, not knowing guys and that is something I really intend to change, I just want you guys to know that I Tim Tymkovich as a Federal judge on whether he should change his law firm miss you guys a lot and love you guys even the Tenth Circuit Court of Appeals. partnership, pursue other options, or more and I thank you both for the person The nomination is before the Senate. I wait for the Senate to grind forward, you made me become and all of the things ask my colleagues to join me in sup- with each step and every decision scru- you have struggled to get me over the years. porting his confirmation. tinized by the Senate. Undoubtedly, he I really appreciate the support that you guys Two years ago, one of the most tal- had other career opportunities, other have given me and accepting my enlistment ented lawyers in the State of Colorado choices that would have led to remark- in the Army. I feel that if I can make a dif- faced a rather large but very exciting able successes. As you will recall, I ference out here then I have done my part. If dilemma. Most of us would not look at I can save one life, if I can do something that mentioned the Department of the Inte- makes a family sleep easier at night without his particular situation as a dilemma rior possibility at the beginning of my fear then I have done my purpose, cause I at all but, instead, view it as a wel- remarks. Yet he chose to pursue the know now that’s what my calling is in life, come set of exciting career opportuni- Tenth Circuit court nomination. not to make money or be powerful and ties. As we have witnessed with the wealthy but to simply make a difference. With the new administration filling Miguel Estrada debate, the judicial And I thank you my loving parents for all vacancies and political appointments, that you have done to get me this far, but nomination process has broken down he was offered the chance to serve the into partisan politics and entrench- now I have to take the next step and make people of the United States, a chance a difference for someone else out there. Well ment, taking a heavy toll on the life of to use his skills as a premier attorney go ahead and pass this around to everyone in the nominee and on the quality of jus- the family, Val too . . . And to the family through the Federal Government. This tice delivered to the American people. my love and best wishes and prayers go out lawyer had practiced both civil litiga- to you, little Veronica or shall I say big tion and appeals with an emphasis on Today we have the opportunity to Veronica, I miss playing with her and being regulatory and administrative law, begin to correct this dangerous path we her big cousin but at least my being here particularly in the areas of tele- have been traveling. Tim Tymkovich will help keep her safe and grow up happy communications and public utilities. has my unqualified support. Confirma- and full of life as she is already. So to my He served for 5 years as Colorado’s so- tion of his nomination by this body family, if you see a soldier one of my com- will prove to be a great service to the rades in arms, please thank them for the licitor general. He served as a law clerk to Justice William H. Erickson of the people of the United States. His nomi- service they give, pray for them because we nation has enjoyed broad bipartisan as soldiers give up sooo much to come out Colorado Supreme Court. here and in sometimes make the ultimate With all this experience under his support—support from judges and col- sacrifice in the name of freedom and soldiers belt, he had to decide whether to pur- leagues, both Democrat and Republican could always use encouragement and a sue a career with the Department of policymakers. thanks. . . Well my love to you guys and I’ll the Interior under the leadership of fel- I have a series of charts highlighting see you soon. . . low Coloradan Gale Norton or to con- support for his confirmation, charts I Love to all, tinue working in his successful law would like to share with you today. BRANDON. practice and to answer the call of his The first chart quotes Roy Romer, f countrymen and President and to former Governor of Colorado, and, I CONCLUSION OF MORNING strive to serve the Nation as a judge on might add, former Democratic Na- BUSINESS the Tenth Circuit Court of Appeals. tional Committee chairman who served The PRESIDING OFFICER. Morning What choice did the attorney of under the tenure of President Bill Clin- business is closed. whom I speak make? What path did ton and who is now superintendent of Tim Tymkovich choose? He chose to f the Los Angeles United School Dis- pursue the Federal judgeship and to trict. Mr. Romer is a strong supporter EXECUTIVE SESSION fulfill his sincere desire to lead a life of of Mr. Tymkovich and has expressed public service, a life dedicated to up- his sentiment to the Judiciary Com- holding the law and our Constitution. mittee. NOMINATION OF TIMOTHY M. On May 25, 2001, President Bush nom- Governor Romer, in a letter to the TYMKOVICH, OF COLORADO, TO inated Mr. Tymkovich to the Tenth committee, wrote: BE UNITED STATES CIRCUIT Circuit Court of Appeals. On February JUDGE FOR THE TENTH CIRCUIT 12, 2003, under the leadership of Sen- Mr. Tymkovich served the State of Colo- The PRESIDING OFFICER. Under ator ORRIN HATCH, the chairman of the rado from 1991 through 1996 during the latter the previous order, the Senate will now Senate Judiciary Committee, Mr. part of my tenure as Governor of the State of go into executive session and proceed Tymkovich finally received a hearing. Colorado. He served with distinction and was to the consideration of Executive Cal- a strong advocate in legal matters for Colo- Today, nearly 2 years later, the Senate rado. He also demonstrated a capacity to endar No. 55, which the clerk will re- has picked up his nomination for con- work closely with Colorado Democrats, as port. sideration by the entire body. well as Republicans, as Solicitor General. The legislative clerk read as follows: Today’s actions, 23 months after his . . . He was always a straight shooter in giv- Nomination of Timothy M. Tymkovich, of nomination, move us closer to ful- ing legal advice to me and my top staff. Colorado, to be United States Circuit Judge filling the Senate’s duty as laid out in for the Tenth Circuit. Governor Romer believes his past the Constitution through the advise legal experiences have given Mr. The PRESIDING OFFICER. Under and consent clause of article II. This Tymkovich a broad understanding of the previous order, there will be 6 vote has been a long time in the mak- the varied legal issues that may come hours of debate, with the time equally ing. After several letters, several floor before him on the Tenth Circuit. Gov- divided in the usual form. statements, and almost 2 years after ernor Romer believes Mr. Tymkovich The Senator from Colorado is recog- the original date of his nomination, will bring strong legal credentials to nized. Tim Tymkovich is finally getting an the court and a judicial temperament Mr. ALLARD. Mr. President, I sug- up-or-down vote. that should garner the support of the gest the absence of a quorum. I thank Senator HATCH for moving Senate. The PRESIDING OFFICER. The his nomination out of the committee. I clerk will call the roll. thank the majority leader, Senator I ask unanimous consent that the The assistant legislative clerk pro- FRIST, for scheduling this debate and letter from Governor Romer be printed ceeded to call the roll. the vote later on today. in the RECORD. Mr. ALLARD. Mr. President, I ask The nominating process is a grueling There being no objection, the mate- unanimous consent that the order for one. To be confirmed, Mr. Tymkovich, rial was ordered to be printed in the the quorum call be rescinded. along with his fellow nominees, put his RECORD, as follows:

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.021 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4599 LOS ANGELES UNIFIED SCHOOL Mr. President, I ask unanimous con- Tymkovich should be no exception, though DISTRICT, BOARD OF EDUCATION, sent that the two editorials from the he has gained a local reputation as a September 6, 2002. Rocky Mountain News be printed in thoughtful, insightful attorney who knows Re Nomination of Timothy M. Tymkovich to the law and works hard to uphold it. the RECORD. the Tenth Circuit Court of Appeals. He first gained real notice when, as state There being no objection, the mate- solicitor general, he was assigned to defend Hon. PATRICK J. LEAHY, rial was ordered to be printed in the Chairman, Committee on the Judiciary, U.S. amendment 2, a Colorado initiative that RECORD, as follows: Senate, Dirksen Senate Office Building, would have banned laws to protect gays. Washington, DC. [From the Rocky Mountain News, June 3, Then-Attorney General Gale Norton was DEAR MR. CHAIRMAN AND MEMBERS OF THE 2001] legally obliged to defend the amendment. COMMITTEE: I write this letter in support of GOOD CHOICE FOR COURT The fact that the U.S. Supreme Court re- the nomination of Timothy M. Tymkovich to It remains to be seen whether Tim jected this sloppily worded and unconstitu- the Tenth Circuit Court of Appeals in Colo- Tymkovich’s nomination for the 10th Circuit tional amendment doesn’t reflect on rado. I have both worked with Mr. Court of Appeals will founder on U.S. Senate Tymkovich’s legal skills or politics. Indeed, Jean Dubofsky, a former Colorado Tymkovich in his capacity as Colorado’s So- partisanship. He once was, after all, state so- Supreme Court justice who successfully led licitor General or as a private practitioner in licitor general under Gale Norton, now one the legal challenge against Amendment 2, Denver. of President Bush’s most controversial Cabi- supports Tymkovich’s nomination. Mr. Tymkovich served the State of Colo- net members. rado from 1991 through 1996 during the latter But if senators give Tymkovitch a serious Tymkovich is only 44, but he has been part of my tenure as Governor of the State of look, they’ll find someone who combines the practicing law in the public and private are- Colorado. He served with distinction and was intellectual heft and steady temperament nas since 1982 and is a long-time member of a strong advocate in legal matters for Colo- that most senators profess to seek in a pro- the American Bar Association, the American rado. He also demonstrated a capacity to spective Federal judge. Law Institute and the International Society work closely with Colorado Democrats as Previously, Tymkovitch’s most visible mo- of Barristers. well as Republicans as Solicitor General, ment involved the state’s defense of voter- He also is a member of the Federalist Soci- both in my Administration and in Colorado’s passed Amendment 2, which the courts over- ety, which comes as no surprise considering General Assembly. He was always a straight turned. But however unsuccessful his defense how that group’s conservative, Libertarian shooter in giving legal advice to me and my of that amendment may have been, his argu- orientation dovetails with the conservative top Staff. He is currently in private practice ments were measured and well-crafted—just slant of the Bush administration. Still, we don’t expect Bush to be nomi- in Denver and has represented Chris Romer’s as they have been on many other legal top- nating liberal Democrats to lifelong posi- Colorado Education Network on state tax- ics. ation and public policy matters. He recently tions on the federal bench anytime soon. And helped craft an analysis of Colorado’s con- [From the Rocky Mountain News, Feb. 16, Tymkovich is far less conservative than his stitutional budget law that could have im- 2003] fellow nominee to the 10th U.S. Circuit Court. Michael McConnell, a law professor at portant positive implications for our State TYMKOVICH’S HEARING the University of Utah, has defended vouch- in a lean economic year. Tim Tymkovich, former Colorado Solicitor Mr. Tymkovich is a native of Colorado and ers for religious schools and argued to rein- General, waited nearly 21 months for a hear- terpret the Constitution’s division between I believe his past legal experiences have ing before the Senate Judiciary Committee given him a broad understanding of the var- church and state. on his nomination for the 10th Circuit U.S. The conservative Christian’s experience in ied legal issues that may come before him in Court of Appeals. the Tenth Circuit. In addition, he has served pubic law is far deeper than Tymkovich’s, Why, that’s just about long enough for an but his reputation as an ideologue likely will Colorado in many ways in both the public elephant to give birth, which is no accident, and private sectors. He presently serves as stymie his chances with the Senate. because the intolerable delays in judicial While we cannot support McConnell, we Chairman of the Colorado Board of Ethics confirmations is very much a matter of ele- urge the Senate to confirm Tymkovich to (which advises the Governor and executive phants—and donkeys. fill a seat that has sat vacant since 1999, branch on state ethics matters) and he re- When Sen. Jim Jeffords of Vermont de- when Judge John Porfilio took senior status. cently chaired a bipartisan task force on fected from the Republican party and turned We also encourage the Senate to carefully civil justice reform. He currently is a mem- over control of the Senate to the Democrats, defend the Judiciary from any Bush efforts ber of the American Bar Association’s Amer- they made a determined effort to prevent at ‘court packing,’ whereby nominees are se- ican Bar Foundation and the American Law President Bush from naming philosophically lected for their political philosophy rather Institute, two important organizations dedi- compatible judges, as presidents of both par- than their legal expertise. cated to the impartial administration of jus- ties have long done. Federal judges and justices are obligated tice. The ABA has already found him quali- Tymkovich, nominated just days after Jef- to carefully apply the law of the land, not fied to serve on the Tenth Circuit. fords’ switch, was caught in the political the politics of the president in power. Mr. Tymkovich’s nomination is currently gridlock. waiting review by the Senate Judiciary Com- He finally had his hearing Wednesday. We Mr. ALLARD. Mr. Tymkovich under- mittee. He has bipartisan support in Colo- wish him prompt confirmation. stands the West, its community, and rado and both major newspapers in Colorado Mr. ALLARD. Mr. President, the its past. He has traveled extensively have praised his nomination. I believe that Denver Post, a paper that endorsed Al throughout the States of the Tenth he will bring strong legal credentials and a Gore over George Bush, stated on May Circuit with his wife Suzanne, a west- judicial temperament that should garner the ern historian and novelist, as well as support of the United States Senate. 30, 2001, that Tim Tymkovich: I urge you to favorably review Mr. has gained a local reputation as a thought- an accomplished attorney in her own Tymkovich’s nomination and refer it to the ful, insightful attorney who knows the law right. Together they traveled near and full Senate of the United States. and works hard to uphold it. . . .We urge the far, covering the old stomping grounds Sincerely, Senate to confirm Tymkovich to fill a seat of legendary western figures such as ROY ROMER, that has sat vacant since 1999. . . . Butch Cassidy and others. Superintendent of Schools. I ask unanimous consent that the Undoubtedly, this deep knowledge of Mr. ALLARD. Mr. President, Mr. Denver Post article be printed in the western heritage will aid in his duties Tymkovich is well respected for his ap- RECORD. and his understanding of the law, as proach to the law and for problem solv- There being no objection, the mate- well as the rich judicial history of the ing. He manages cases and clients with rial was ordered to be printed in the Tenth Circuit. civility and understanding, setting a RECORD, as follows: Tim Tymkovich’s commitment to high example for the legal community. [From the Denver Post, May 30, 2001] public service is unparalleled. I have On a second chart, I highlight ex- TYMKOVICH SHOULD SERVE WELL had many conversations with him, and cerpts from an editorial written by the We hope the new Democratic majority on know him to be a man of keen intellect Rocky Mountain News. On June 3, 2001, the U.S. Senate will set aside partisan poli- and integrity. Through our many con- the paper editorialized: tics when it considers Denver attorney Tim versations, I have developed a strong If Senators give Tymkovich a serious look, Tymkovich’s nomination to serve on the understanding of Tim’s deep commit- they’ll find someone who combines intellec- 10th U.S. Circuit Court of Appeals. ment to public service and his strong tual heft and steady temperament. But we also hope the American Bar Asso- personal respect for the rule of law in ciation will continue to voluntarily scruti- On February 16, 2003, the News re- nize all nominees headed to the Senate, even protecting people and the interests of stated their endorsement of Mr. though the Bush administration stripped the the State. Tymkovich, writing: ABA of its official role in screening judicial Tim Tymkovich’s legal credentials We wish him prompt confirmation. candidates prior to their nomination. reveal a man who values independence

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.001 S01PT1 S4600 CONGRESSIONAL RECORD — SENATE April 1, 2003 and fairness in the judicial process. A public commissions. Based on our profes- Tymkovich served as a law clerk employed man who understands the implication sional experiences, we are of the unanimous by one of the justices of our court and later of a lifetime appointment to our Na- judgment that he is well qualified and most as counsel representing the State of Colo- tion’s courts, a man who truly believes able to serve as an appellate judge of the rado before the Court. We have also had the United States Court of Appeals. opportunity to observe Mr. Tymkovich as an that there is no higher professional This group of justices, coming from attorney serving in bar organizations such as calling than to serve the American peo- the American Law Institute, the American ple through the impartial administra- varied political backgrounds and dif- Bar Foundation and as a staff attorney of tion of the law. He will serve our Na- fering professional experiences and di- public commissions. tion with the utmost of respect to our verse legal careers and different racial, Based on our professional experiences, we country and our Constitution, and for gender and ethnic backgrounds, unani- are of the unanimous judgment that he is well qualified and most able to serve as an this reason, I urge my colleagues to mously support the confirmation of Tim Tymkovich by the entire Senate. appellate judge of the United States Court of vote favorably to confirm his nomina- Appeals. tion. An endorsement of this kind cannot, Consistent with our professional assess- No one has a better understanding of and must not, be taken lightly. These ments, the President of the United States the character and intellectual prowess justices, Jean Dubofsky, Joseph Quinn, has seen fit to nominate Mr. Tymkovich to of an attorney than his or her co-work- William Neighbors, Gregory Scott, and serve as a judge on the Tenth Circuit Court ers and peers. The legal profession is Luis Rovira, consider Mr. Tymkovich of Appeals. However, while nominated more filled with practicing attorneys, law- to possess the necessary attributes of a than a year ago, we understand that his nomination is currently awaiting consider- yers who work in private firms, in the Federal judge, and that Colorado and the Nation should no longer be sub- ation by the Senate Judiciary Committee public sector, and who serve the public that you chair. We do not propose to instruct from the bench. The impression left on jected to undue delay on his nomina- the Chair in the conduct of the Senate’s other attorneys by encounters with tion. business, for we are not able nor do we in- them at various stages of litigation The justices’ letter ends with this tend to assume such a role or purpose. None- and negotiation is obviously an impor- powerful statement: theless, we do ask that the President’s nomi- tant factor in determining whether a . . . [W]e speak as one voice, resolute in our nation of Mr. Tymkovich be considered expe- belief that the people are entitled to and ditiously. nominee is well suited for the bench. Mr. Chairman, despite coming from varied They work day-in and day-out with the that Mr. Tymkovich is most deserving of consideration . . . Mr. Tymkovich’s experi- political backgrounds and differing profes- nominee and have first hand knowledge ence, practice, public service, temperament sional experiences as diverse legal careers about the type of judge a particular at- and skills will serve the people of the United and different racial, gender and ethnic back- torney will make. At this time, I would States well. grounds, we are of the unanimous opinion like to share some of the comments that Mr. Tymkovich should be considered by Their unqualified support speaks vol- your Committee and confirmed by the entire made by Mr. Tymkovich’s colleagues. umes about Tymkovich’s credentials. In the third chart, I have reprinted a Senate. We also conclude and share the opin- This powerful and unequivocal endorse- ion that he not only possesses the attributes statement from William H. Erickson, ment deserves repeating: we appreciate in judges, both federal and former Chief Justice to the Colorado . . . [W]e speak as one voice, resolute in our state, but that he is entitled to fair and civil Supreme Court, and to whom Mr. belief that the people are entitled to and treatment by the Senate Judiciary Com- Tymkovich served as a law clerk. Jus- that Mr. Tymkovich is most deserving of mittee. The citizens of Colorado and indeed tice Erickson stated: consideration . . . Mr. Tymkovich’s experi- our Nation should no longer be subjected to I served on the Colorado Supreme Court for ence, practice, public service, temperament undue delay confronted by anything other twenty-five years and had the privilege of and skills will serve the people of the United than a full and fair review of his nomination working with a number of outstanding law States well. in accordance with the rules of the United clerks. Tim was one of the finest clerks that This statement deserves our atten- States Senate. served in my chambers. He has an out- Without listing his considerable accom- tion and our respect. plishments as an attorney engaged in public standing legal background that qualifies him I ask for unanimous consent that the for service on the Tenth Circuit. service and private practice, we speak as one letter from these five justices be print- vote, resolute in our belief that the people Justice Erickson has maintained a ed in the RECORD. are entitled to and that Mr. Tymkovich is close relationship with Tim, his wife, There being no objection, the mate- most deserving of consideration by your and their two sons, and has expressed rial was ordered to be printed in the Committee. The President’s nomination is a over and over again his strong belief RECORD, as follows: considerate one and Mr. Tymkovich’s experi- that he would—and will—make a sig- ence, practice, public service, temperament JANUARY 23, 2003 nificant addition to the Tenth Circuit. and skills will serve the people of the United Re Senate consideration of the nomination States well. In a letter to the Senate Judiciary of Timothy M. Tymkovich as a Judge of Committee, Justice Erickson wrote Together, therefore, we respectfully urge the United States Court of Appeals for you to place his nomination before the Sen- that, the Tenth Circuit. ate Judiciary Committee so that a fair and As counsel to the Columbine Review Com- Hon. ORRIN G. HATCH, prompt review of Mr. Tymkovich’s creden- mission that investigated the Columbine Chairman, Committee on the Judiciary, U.S. tials can be made without much further High School shooting, Tymkovich served Senate, Dirksen Senate Office Building, delay. with great distinction and materially as- Washington, DC. Moreover, we most strongly recommend sisted the Commission’s preparation of a re- DEAR MR. CHAIRMAN HATCH: We are all and heartily urge the Senate Judiciary Com- port that hopefully will prevent other school former justices of the Colorado Supreme mittee refer his nomination to the full Sen- shootings. Court. We write to express our personal and ate of the United States for a definitive vote In a letter to Senator HATCH dated professional concern and seek the timely as soon as practicable. January 23, 2003, five former justices of consideration of the nomination of Timothy Very truly yours, the Colorado Supreme Court urged the M. Tymkovich as a Judge of the United JEAN E. DUBOFSKY, Justice. Senate’s timely consideration of his States Court of Appeals for the Tenth Cir- cuit. Ever mindful of the Separation of Pow- JOSEPH O. QUINN, nomination. The justices, including ers Doctrine as well as the Supremacy Chief Justice. Justice Jean Dubofsky, wrote: Clause of the United States Constitution, we WILLIAM D. NEIGHBORS, Over the past nearly twenty years, each of do not write to impose or suggest our will Justice. us has had the opportunity to observe Tim- should prevail over that of the United States GREGORY KELLAN SCOTT, othy M. Tymkovich as a practitioner em- Senate. Instead, as private citizens with a Justice. ployed by or appearing before the Colorado unique perspective concerning the attibutes LUIS D. ROVIRA, Supreme Court. During that time, Mr. and abilities of Mr. Tymkovich, we write to Chief Justice. Tymkovich served as a law clerk employed petition your attention to our concern to As the end of the second year of his by one of the justices of our court and later urge that a hearing be scheduled for Mr. nomination approaches, I sincerely as counsel representing the State of Colo- Tymkovich. hope that my colleagues will act today rado before the Court. We have also had the Over the past nearly twenty years, each of opportunity to observe Mr. Tymkovich as an us has had the opportunity to observe Tim- to fill the 4-year vacancy on the Tenth attorney serving in bar organizations such as othy M. Tymkovich as a practitioner em- Circuit, so that the people of Colorado, the American Law Institute, the American ployed by or appearing before the Colorado Utah, New Mexico, Oklahoma and Ne- Bar Foundation and as a staff attorney of Supreme Court. During that time, Mr. braska, and indeed the Nation, will no

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.033 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4601 longer be short-changed by a vacant Circuit in the Judiciary Committee, I sought to question Mr. Tymkovich bench. While this seat has remained and I will do so again today. I would about this. And when I attempted to empty for nearly 4 years, the States like to take a few minutes to explain probe Mr. Tymkovich at his confirma- that comprise the Tenth Circuit have my decision. tion hearing about his view that civil experienced unprecedented population I cannot support the nomination of rights laws like the city ordinances at growth, and causing a docket overload Mr. Tymkovich because I am not con- issue in Romer somehow confer ‘‘spe- at the Federal level. The vacancy must vinced that he will give all those who cial rights’’ on gay Americans, he was be filled, and Tymkovich is the proper appear before him a fair and impartial suddenly and, to me, almost person to fill the seat. hearing. I am concerned that he lacks inexplicably evasive. I was frustrated The events of September 11 clearly a commitment to apply and uphold our with Mr. Tymkovich’s reluctance to demonstrate an active effort by the en- Constitution’s equal protection guar- answer questions that would reveal his emies of the United States to destroy antees, especially in protecting gay thought process. I was interested in his the liberties and freedom of our Na- Americans from discrimination. views on an important issue for our Na- tion. The most basic of our country’s In 1996, in a case called Romer v. tion—civil rights and the distinction values and traditions came under at- Evans, the Supreme Court ruled uncon- he saw between rights for African tack, and now we are taking action stitutional a Colorado ballot initiative Americans and rights for gay Ameri- against those perpetrators. In the wake that sought to overturn city ordi- cans. Even though he had already of tragedy, Congress has enacted new nances prohibiting discrimination shared his personal views on the ques- laws that provide financial assistance based on sexual orientation. As solic- tion of gay rights in a law review arti- to businesses, families and defense, and itor general of Colorado, Mr. cle—a public forum—he suddenly we are currently taking strong mili- Tymkovich defended the ballot initia- seemed reluctant to discuss those tary measures to suffocate terrorists tive on behalf of the State. Obviously, views with the committee. and destroy the hateful organizations I know it was his job to do that. But I I asked Mr. Tymkovich a question as that work to undermine our society am concerned that it is his personal be- follows: and destroy our liberty. lief—his personal belief—that gay As you discussed in your article, you be- I am sure that my colleagues will Americans do not have a right to equal lieve that the Supreme Court was wrong to agree that a necessary component of protection and equal justice under the be hostile to the political decision of a ma- providing justice and protecting liberty laws, and he did not convince me he jority of Colorado voters who supported and freedom is an efficient court sys- would put aside those personal beliefs adoption of the Colorado amendment. You tem, a court equipped with the per- state that Colorado voters made ‘‘a seem- when he becomes a judge. ingly good-faith policy choice.’’ sonnel and resources that enable it to Mr. Tymkovich wrote a law review If I understand you correctly, you agree fulfill its constitutional role. Today, article that was published in 1997 by with Justice Scalia’s dissent in Romer and this body has another opportunity to the University of Colorado about the that the court improperly injected itself into restore the faith of the citizenry and to Romer decision. In this article, which, a political debate. Is that your view? fill a 4-year vacancy. I urge the Senate I might add, he wrote and published That was the conclusion of my ques- to show the American people that the after he left his job as Colorado’s solic- tion. Here was Mr. Tymkovich’s initial Senate is indeed interested in serving itor general, he, in my view, went be- response: justice, in protecting our laws and our yond representing his client and actu- Senator, that’s an excellent question, and I people, and to support the nomination ally presented his personal views. He appreciate the opportunity to clarify and re- of Tim Tymkovich. He is highly quali- forcefully promoted the view that laws flect on the issue below. fied and will serve his country with the against discrimination based on sexual As you know from your participation in utmost of patriotism, and respect for orientation in activities like employ- this body, there are important issues of pub- adherence to constitutional principles. ment, housing, and education in places lic policy debate that cross party lines or are bipartisan and very difficult issues. In Colo- He respects our laws. I strongly urge like Denver, Aspen, and Boulder some- rado, the question of whether or not to add my colleagues to vote for the nomina- how conferred ‘‘special rights or pro- sexual orientation to State and local anti- tion of Tim Tymkovich to the Tenth tections’’ on gays and lesbians. Let me discrimination laws has been a very impor- Circuit Court of Appeals. quote a bit from his article. He wrote: tant and ongoing political debate in our I suggest the absence of a quorum. A number of governmental entities in Col- State. And certainly, Amendment 2 was in The PRESIDING OFFICER. The orado had granted special rights or protec- part within that context and dialogue. And clerk will call the roll. tions to homosexuals and bisexuals: the cit- certainly many people respectfully disagreed The assistant legislative clerk pro- ies of Denver, Boulder, and Aspen enacted or- with the legislative pronouncement there, ceeded to call the roll. dinances prohibiting discrimination based on and I think the point I was trying to make in those remarks and certainly in the case is Mr. ALLARD. I ask unanimous con- sexual orientation in jobs, housing, and pub- lic accommodations; the Colorado Civil that the courts were not a good forum for sent the quorum call be rescinded. airing sort of political or legislative policy- The PRESIDING OFFICER. Without Rights Commission had moved to extend the state’s civil rights act to ban discrimination type arguments, and that the courts are best objection, it is so ordered. based upon sexual orientation; the governor able to address a constitutional principle Mr. ALLARD. I ask unanimous con- of Colorado issued an order prohibiting job when they have the concrete facts and law sent the time used during the quorum discrimination for state employees based on before them and not sort of rhetorical or leg- call time be charged equally to both sexual orientation and began to fashion islative-type pronouncements. sides. ‘‘sensitivity’’ training for the state’s execu- The Amendment 2 case had a strong mix of The PRESIDING OFFICER. Without tive branch; and public educational institu- sort of a policy debate in that sense, and I think my comment was that the policy de- objection, it is so ordered. tions had begun adopting policies prohibiting discrimination based on sexual orientation. bate and certainly the arguments we made Mr. ALLARD. I suggest the absence to the courts is that that would be better left of a quorum. Mr. Tymkovich’s view is that em- to the political process. ployers and landlords have the ‘‘lib- The PRESIDING OFFICER. The I then followed up by saying: clerk will call the roll. erty,’’ or right, to discriminate against individuals based on their sexual ori- I am taking that as a yes, that you agree The legislative clerk proceeded to with Justice Scalia that the Court improp- call the roll. entation. He wrote: erly injected itself into a political debate. Do Mr. FEINGOLD. Mr. President, I ask Eliminating the liberty of landlords and you believe that the Court should have—is unanimous consent that the order for employers to take account of homosexuality that fair? the quorum call be rescinded. send the unmistakable message that homo- Mr. Tymkovich responded: The PRESIDING OFFICER (Mr. sexual behavior, like race, is a characteristic which only an irrational bigot would con- Senator, I think Justice Scalia accepted ENZI). Without objection, it is so or- some of the presentation of the State, but dered. sider. By restoring government neutrality of this difficult and divisive moral issue, then rejected others. So I don’t wholly agree Mr. FEINGOLD. Mr. President, I Amendment 2 promotes freedom and diver- or disagree with the dissent in the case, but voted against the nomination of Tim- sity by allowing different groups in the com- it does reflect some of the arguments that othy Tymkovich to be a judge on the munity to hold, and act on, different views were made. U.S. Court of Appeals for the Tenth on this question. I then asked:

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Do you agree with that point? Mr. TYMKOVICH. No, Senator. I think it I take it that your personal view is that the Mr. Tymkovich responded: provides a civil remedy, some laws provide a Court did the wrong thing here and improp- erly injected itself into the political debate. I agree—the presentation that the state criminal remedy, on behalf of discrimina- I understand that you would follow the law made to the Supreme Court was that it was tion, and certainly that’s the intent and pur- based on the Court’s decision. a policy debate and not subject to the Su- pose of those laws. Senator FEINGOLD. In that same spirit, do Mr. TYMKOVICH. I would follow the law. premacy Clause of the equal protections. you think that Title VII wrongly protects Senator FEINGOLD. Do you believe that the But, again, as I testified earlier, that argu- Americans from employment discrimination Court should have given more consideration ment, that presentation was not accepted by based on race, ethnicity, national origin, re- to the privacy, associational, and religious the Court, and regardless of my personal ligion, age, disability, or gender? Do you be- rights of persons who do not condone homo- views, I am perfectly capable and willing to lieve that an American who brings a claim of sexual behavior? impartially apply that precedent. job discrimination based on any one or more Mr. TYMKOVICH. Senator, the lower courts The reason I am going through this is of these categories is somehow enjoying spe- in Colorado had identified that there were that it is important to make a record cial rights or protections? religious and associational factors that for this point. Mr. Tymkovich and I Mr. TYMKOVICH. No, Senator. They’re sim- would be implicated by the laws that were then had a dialog that lasted quite a ply enjoying the protections that this body preempted by Amendment 2. I think, again, has provided to those particular groups. that that, as I’ve tried to explain in my pre- few pages of the transcript where I re- vious testimony, is part of the political give- peatedly asked him to discuss his per- Senator FEINGOLD. As you discussed in your article, you believe that the Supreme and-take, the public policy give-and-take in sonal views on this issue, not simply Court was wrong to be hostile to the polit- crafting a gay rights law that would accom- the position he had argued on behalf of ical decision of a majority of Colorado voters modate certain interests, and certainly the State, given that he had discussed who supported adoption of the Colorado that’s part of the policy debate that we’ve them in the law review article. He es- amendment. You state that Colorado voters seen in our State. Certainly the Amendment sentially refused to answer the ques- made ‘‘a seemingly good-faith policy 2 provision would have required that debate to go at the statewide level, and as I recall, tion. choice.’’ If I understand you correctly, you agree even during the judicial proceedings on I ask unanimous consent that the Amendment 2, there was a move to enact a full transcript of my questioning of Mr. with Justice Scalia’s dissent in Romer and believe that the Court improperly injected statewide initiative that would—— Tymkovich be printed in the RECORD. itself into a political debate. Is that your Senator FEINGOLD. Okay. I accept that, but There being no objection, the mate- view? I am asking you your personal view. You are rial was ordered to be printed in the Mr. TYMKOVICH. Senator, that’s an excel- an expert on this. Do you think the Court RECORD, as follows: lent question, and I appreciate the oppor- should have given more consideration—you, do you think the Court should have given Senator FEINGOLD. I will go back to the tunity to clarify and reflect on the issue issue of gay rights and your involvement as below. more consideration to the privacy, Solicitor General of Colorado in the case As you know from your participation in associational, and religious rights of persons that led to the U.S. Supreme Court’s Romer this body, there are important issues of pub- who do not condone homosexual behavior? Mr. TYMKOVICH. Senator, I think that in v. Evans decision. As has been discussed by lic policy debate that cross party lines or are that case, as others, as an advocate, as a rep- Senator Schumer and Senator Sessions, you bipartisan and very difficult issues. In Colo- resentative of my client, we were presenting defended the ballot initiative on behalf of rado, the question of whether or not to add what we thought were the best arguments the State of Colorado. It was, I agree, your sexual orientation to State and local anti- based on the applicable case law—— job to do that and I accept that. But I do discrimination laws has been a very impor- Senator FEINGOLD. I am asking your view tant and ongoing political debate in our want to ask you a bit about what perhaps right now. State. And certainly Amendment 2 was in goes beyond the zealous advocacy for your Mr. TYMKOVICH [continuing]. To the Su- client, and this is the article that we are dis- part within that context and dialogue. And preme Court. cussing, the 1997 University of Colorado Law certainly many people respectfully disagreed Senator FEINGOLD. I am not asking in your Review, that forcefully presents your view with the legislative pronouncement there, role as an advocate. I am asking in your view that laws against discrimination based on and I think the point I was trying to make should the Court have taken that more into sexual orientation in activities like employ- in those remarks and certainly in the case is account? ment, housing, and education in places like that the courts were not a good forum for Mr. TYMKOVICH. I think, as I’ve testified Denver, Aspen, and Boulder somehow con- airing sort of political or legislative policy- earlier, indicated in my article, that I be- ferred special rights or protections on gays type arguments, and that the courts are best lieve that we had strong arguments based on and lesbians. able to address a constitutional principle the existing precedent at the time and asked Let me ask you this: Do you believe that when they have the concrete facts and law that the Court accept that. title VII of the Civil Rights Act of 1964, the before them and not sort of rhetorical or leg- Senator FEINGOLD. Well, you seem to be re- landmark legislation prohibiting employ- islative-type pronouncements. fusing to give your own view on this, and I ment discrimination based on race, confers The Amendment 2 case had a strong mix of don’t know why. This isn’t a pending case. special rights on African Americans? sort of a policy debate in that sense, and I This is a case that was resolved by the Su- Mr. TYMKOVICH. Senator, the anti-discrimi- think my comment was that the policy de- preme Court. You have strong opinions indi- nation laws in Colorado and at the Federal bate and certainly the arguments we made cated I here, and I don’t understand why you level are important protections to minorities to the courts is that that would be better left can’t give me your personal view. and others that have faced discrimination. to the political process. Mr. TYMKOVICH. I think I’ve reflected the So to the extent that the baseline was no, Senator FEINGOLD. I am taking that as a views that we presented to the Court, and as you know, Federal or State protections yes, that you agree with Justice Scalia that I’ve testified—— based on ethnicity or race, the addition of the Court improperly injected itself into a Senator FEINGOLD. You did do that and those laws to the legislative pronouncement political debate. Do you believe that the that is all you have done, and you are not provides a protection, an additional protec- Court should have—is that fair? answering my question. tion that would not be available under the Mr. TYMKOVICH. Senator, I think Justice Throughout our Nation’s history, pro- common law. So in that sense, certainly Scalia accepted some of the presentation of ponents of racial discrimination have used under Colorado law, additional protections the State, but they rejected others. So I the argument that they should be free to dis- are provided through the discrimination don’t wholly agree or disagree with the dis- criminate based on their privacy, laws, and I might add that’s an important sent in the case, but it does—— associational, or religious rights. In Brown v. part of the legislative process to identify and Senator FEINGOLD. Do you agree with that Board of Education of Topeka, Kansas, the Su- protect injustices out there. point? preme Court injected itself into a conten- Senator FEINGOLD. But what about my Mr. TYMKOVICH [continuing]. Reflect some tious political debate where in some parts of question? Does Title VII of the Civil Rights of the arguments that were made. the country separate but equal schools were Act of 1964 confer special rights on African Senator FEINGOLD. Do you agree with that defended to the point of literally spilling Americans? point? blood over the issue. Mr. TYMKOVICH. I’m not sure exactly what Mr. TYMKOVICH. I agree—the presentation Do you believe that Brown v. Board of you mean by ‘‘special rights,’’ Senator, but I that the State made to the Supreme Court Eduation was wrongly decided and that the would say—— was that it was a policy debate and not sub- Supreme Court should not have injected Senator FEINGOLD. Well, I am referring to ject to the Supremacy Clause of the equal itself into the policy question of maintaining the fact that your article seemed to say that protections. But, again, as I testified earlier, school segregation? the Colorado law conferred special rights or that argument, that presentation was not ac- Mr. TYMKOVICH. Senator, it’s an important protections on gays and lesbians. I am ask- cepted by the Court, and regardless of my question because certainly the history of dis- ing you whether or not Title VII of the Civil personal views, I am perfectly capable and crimination in this country has had a very Rights Act of 1964 in that same spirit in your willing to impartially apply that precedent. mixed and very sorry record at times, and view confers special rights on African Ameri- Senator FEINGOLD. That isn’t what I am the Brown decision is certainly a reflection cans? asking. I have asked your personal view, and of part of that history.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.007 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4603 One of the reasons I went to law school was So, with that, Mr. Chairman, I conclude tive Coloradan, an excellent jurist and the influence of a book I read about the and thank you and thank Senator Kennedy. an all-around outstanding person. I be- Brown case called ‘‘Simple Justice’’ that Mr. FEINGOLD. Mr. President, this lieve he will be a terrific addition to traced the history of the legal development kind of evasive testimony only makes the Tenth Circuit Court of Appeals. from Plessy v. Ferguson to the Brown deci- it more difficult to analyze whether or Since he earned his juris doctor at sion, and a very powerful historical book not a nominee is well suited for a posi- the University of Colorado’s School of about the legal and social and ideological as- tion on a Federal appeals court. pects of discrimination in this country. Law back in 1982, Tim has had an out- So certainly Brown is one of the corner- I was also troubled by Mr. standing career, including a well-bal- stones of American jurisprudence, and cer- Tymkovich’s insistence that the anced combination of service in both tainly its foundation is a very important Romer case presented a political ques- the public sector and in private prac- part—— tion and should not have been decided tice. Senator FEINGOLD. So you obviously don’t by the courts. Tim’s public service experience in- disagree with that decision, and that is why The courts have played an important cludes his service as a clerk to the I want to ask you: What is the difference in role in ensuring civil rights for all former Colorado Supreme Court Chief your mind between African Americans and Americans. If our Nation left all ques- gay people in terms of whether laws pro- Justice William Erickson from 1982 to tecting them from discrimination are per- tions of civil rights to the legislatures, 1983. missible? school segregation might still be prac- From 1991 to 1996, Tim Tymkovich Mr. TYMKOVICH. Senator, I think that it’s a ticed in parts of the country today. In skillfully served as Colorado’s solicitor very important part of the public policy de- Brown v. Board of Education of To- general. bate to analyze the rationale and the reasons peka, KS, the Supreme Court did its In between these years of public serv- for a particular legislative judgment. I don’t job by injecting itself in a contentious ice, Tim earned an excellent reputation sit here today as having a legislative agenda. political debate and protecting the in private practice with several leading I do not. My goal as a Tenth Circuit judge, if confirmed, would be to impartially and fair- right of African Americans to equal law firms. ly and open-mindedly apply the law. You’re education. For the past 2 years, Tim has served asking me for a legislative judgment, and I I understand that these are President as counsel to Colorado Governor certainly—— Bush’s nominees and that he has the Owen’s Columbine Review Commission, Senator FEINGOLD. No. I am asking you right to nominate whomever he wants which reviewed the public agency and your personal opinion, having studied this in to the bench. But as much as it is our law enforcement response to the tragic law school, having the question of discrimi- duty to fill vacancies in the Federal ju- Columbine High School shootings of nation having been one of the inspirations diciary, it is also our duty to give great 1999. for your going to law school, and doing ex- At the same time, he co-chaired the tremely well, I might add, and being a very scrutiny to those nominees who have a distinguished lawyer. I am asking you what record that calls into question their Governor’s Task Force on Civil Justice your thought process is here. I am asking ability to give all those litigants who Reform, which has led to significant you what your thought process is here. What would appear before them a fair and improvements in Colorado’s civil jus- is the difference between discrimination impartial hearing. tice and practice. against African Americans and gay people? I am more than pleased to vote to Tim currently serves as a partner in Mr. TYMKOVICH. Senator, I think that, you confirm judicial nominees that are the prestigious Denver-based law firm, know, again, to answer your question from a fair-minded and supported by a con- Hale, Hackstaff, & Tymkovich. public policy standpoint, I believe that this sensus of Senators and the legal com- Two of Colorado’s leading newspapers body, Congress, which has debated whether have positively endorsed Tim, saying or not to add sexual orientation to Title VII munity, and, once again, I urge the or to Federal law, and certainly the debate President to send such nominees to the among other things, that he has gained at the State level would be to take the testi- Senate. I have voted in favor of three a local reputation as a thoughtful, in- mony and the experiences of gay and lesbian previous Bush nominees to the Tenth sightful attorney who knows the law Americans and apply that to the particular Circuit, but I do not believe that Mr. and works hard to uphold it. That was circumstances at work. Tymkovich is the right person for this the Denver Post, May, 2002. In Colorado, that’s an important dialogue They have also commented that if that is ongoing about to what extent the seat. I yield the floor and suggest the ab- the Senate gave Tim Tymkovich a seri- laws ought to be modified and changed to ous look, we would find someone who prevent discrimination and violence and har- sence of a quorum. assment against gay and lesbian people. I Mr. CRAIG. Mr. President, I ask combines intellectual heft and steady support that legislative debate in our State. unanimous consent that time under temperament. I don’t think it’s appropriate for me to take the quorum call be divided equally. I have taken a good look at Tim a personal view to the Federal bench, and I The PRESIDING OFFICER. Without Tymkovich, and I fully agree with can commit to the body that I’d be able to objection, it is so ordered. The clerk these insightful assessments. apply the discrimination laws faithfully and will call the roll. Tim’s nomination enjoys substantial carefully as a Tenth Circuit judge—— The bill clerk proceeded to call the bipartisan support, including the sup- Senator FEINGOLD.—Well, Mr. Chairman, roll. port of Colorado Attorney General Ken my time is up, but let me just say that I cer- Salazar and Colorado’s well-known tainly respect Mr. Tymkovich and wish him Mr. CAMPBELL. Mr. President, I ask well. But this process where we can’t even unanimous consent that the order for former Governor, Roy Romer. get at sort of the thought process of a nomi- the quorum call be rescinded. Tim Tymkovich’s nomination for the nee on something as simple and important as The PRESIDING OFFICER. Without Tenth Circuit Court of Appeals has how you relate discrimination against Afri- objection, it is so ordered. been pending since he was first nomi- can Americans to the issue of discrimination Mr. CAMPBELL. Mr. President, I am nated for this position back on May 25, against gay people, to me, Mr. Chairman, pleased that Timothy Tymkovich’s 2001. this is the problem we are having, that we nomination to serve on the Tenth Cir- it is now approaching 2 years since he are really not being given a chance to exam- cuit Court of Appeals has come before was first nominated. Despite Tim ine how these individuals will simply go the full Senate for consideration here Tymkovich’s outstanding qualifica- through their thought process as judges, not tions, it has not been an easy task for whether there is a right answer or a wrong today. answer, but how will they go through the ju- Almost 7 weeks ago today, on Feb- the Judiciary Committee to get this dicial process and how will they go through ruary 12, 2003, along with my friend and nomination to the floor of the Senate that thought process. colleague, Senator ALLARD, I was today. I think that is legitimate, and, again, I re- pleased to introduce Tim Tymkovich I want to take a moment to say a spect you and certainly you have tried to re- to the Judiciary Committee for his special word of heartfelt appreciation spond to me. But it makes it very, very dif- confirmation hearing. for my good friend and Judiciary Com- ficult to analyze, especially in light of the Today, I am once again pleased to be mittee Chairman ORRIN HATCH for his fact that this nominee wrote an article, an remarkably fair, evenhanded and extensive article about this very important able to speak in strong support of Tim subject, and all I am trying to do is to get Tymkovich’s nomination to serve on steadfast stewardship of judicial nomi- his thought process as it compared to an- the Tenth Circuit Court of Appeals. nees, including Tim Tymkovich’s nom- other body of law that he obviously thinks is Tim Tymkovich is well qualified to ination. Senator HATCH deserves all of valid. serve on the Tenth Circuit. He is a na- our appreciation.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.012 S01PT1 S4604 CONGRESSIONAL RECORD — SENATE April 1, 2003 It is time for the full Senate to com- at the hearing helping to open those the Sixth Circuit, the Eighth Circuit, plete our work and hold a straight up- proceedings. the Ninth Circuit, the District of Co- or-down rollcall vote on Tim Today we consider Mr. Tymkovich as lumbia Circuit, and around the coun- Tymkovich’s worthy nomination. the fourth of President Bush’s nomi- try, these qualified nominees, whose I strongly urge my colleagues to vote nees to this circuit to be considered by only sin was that they were nominated in favor of Tim Tymkovich’s nomina- the Senate. Three of the nominees to by a Democratic President, were not tion to serve on the Tenth Circuit the Tenth Circuit were given hearings allowed to have hearings or votes. Court. and confirmed during the time I was The Republican-controlled Senate I yield the floor and suggest the ab- chairman of the Judiciary Committee. made it very clear: We will not hold sence of a quorum. President Bush sent up Harris Hartz hearings or vote on them. Someday The PRESIDING OFFICER. The of New Mexico to the Tenth Circuit. I there will be a Republican President, clerk will call the roll. arranged to get him a hearing and vote and then we will fill these seats in a The bill clerk proceeded to call the on the floor. In fact, I voted for him. campaign to stack the courts. roll. President Bush sent up Terrence This was very clear. This happened Mr. CAMPBELL. Mr. President, I ask O’Brien of Wyoming. I arranged to get during President Clinton’s first term in unanimous consent that the order for him a hearing and a vote on the floor. the Senate—the Republican Senate the quorum call be rescinded. I voted for him. President Bush sent up blocking his nominations from even The PRESIDING OFFICER. Without Michael McConnell of Utah, a highly having a hearing because Republicans objection, it is so ordered. controversial, extraordinarily conserv- thought he would never get reelected Mr. CAMPBELL. Mr. President, I ask ative nominee, heavily backed by the and then they could put in Republicans unanimous consent that the time be Federalist Society and others. I ar- to fill those judicial vacancies. It is charged equally to both sides. ranged to get a hearing for him, and I very clear. Everybody here heard the The PRESIDING OFFICER. Without voted for him. comments in the cloakroom and in the objection, it is so ordered. I mention that because it is in stark Senators’ dining room. Look at the Mr. CAMPBELL. I suggest the ab- contrast to the treatment of President record, in the 1996 session, the Repub- sence of a quorum. Clinton’s nominees to vacancies on the lican Senate majority would not con- The PRESIDING OFFICER. The Tenth Circuit. We were fair and took sider or confirm a single nominee to a clerk will call the roll. action on three of President Bush’s circuit court anywhere in the country, The bill clerk proceeded to call the nominees to the Tenth Circuit last not one. During that entire year only roll. year. Today the Senate is debating and 17 judges were confirmed and all were Mr. BUNNING. Mr. President, I ask voting on his last remaining nominee to the district courts. President Clinton then had a land- unanimous consent that the order for to that circuit. the quorum call be rescinded. Let us recall what happened when slide reelection victory. We naively as- The PRESIDING OFFICER. Without Republicans were in charge and there sumed that the Senate Republicans objection, it is so ordered. was a Democratic President. President would work with us to help fill the Mr. BUNNING. Mr. President, I ask Clinton nominated two outstanding many judicial vacancies that had been unanimous consent to speak as in lawyers to this vacancy, the one about perpetuated. Not so. They thought maybe 4 years later they might have morning business for approximately 10 which we talk today. James Lyons, another chance and there might be a minutes. whom I have known it seems forever, is Republican administration and they The PRESIDING OFFICER. Without a brilliant lawyer. He would have been could get the courts to do what we objection, it is so ordered. an outstanding federal judge, one who wanted. Despite vacancies that reached (The remarks of Mr. BUNNING are in that position would be totally im- over 100, Republicans denied there was printed in today’s RECORD under partial, would fit the qualifications a vacancies crisis and insisted on slow ‘‘Morning Business.’’) necessary for a judge—that is, when and searching inquiries on those lucky Mr. BUNNING. Mr. President, I yield you walked in the court, you would nominees who were considered at all. the floor and suggest the absence of a know, whether you are Republican or Of course, more than 50 of President quorum. Democrat, rich, poor, plaintiff, defend- Clinton’s judicial nominees were never The PRESIDING OFFICER. The ant, black, white or anything else, that given a hearing and a vote. Others, the clerk will call the roll. you would be treated fairly. Mr. Lyons lucky ones, were delayed for years and The legislative clerk proceeded to was not treated fairly. He was not even years before Senate Republicans would call the roll. allowed to have a hearing let alone allow a vote. Mr. LEAHY. Mr. President, I ask consideration by the Judiciary Com- Then in the most recent presidential unanimous consent that the order for mittee or a vote by the Senate. election, as we know, Al Gore got half the quorum call be rescinded. Then President Clinton nominated a million more votes but did not be- The PRESIDING OFFICER (Mr. SES- Christine Arguello, an outstanding His- come President. I respect the electoral SIONS). Without objection, it is so or- panic woman. She was not allowed to system. President Bush won the elec- dered. have a hearing either. It was not that toral vote, and there was a 1-vote mar- Mr. LEAHY. Mr. President, I under- she was not qualified. In fact, speaking gin in the Supreme Court determining stand we are on the nomination of of these two, Mr. Lyons was among the that. All of a sudden, all these seats Timothy Tymkovich to the U.S. Cir- many Clinton nominees given the high- that have been kept open year after cuit Court of Appeals for the Tenth est qualification by the American Bar year because Republicans would not Circuit. Association. Like so many others who allow anybody to come forward, were The PRESIDING OFFICER. The Sen- fit in that category, he was never al- valuable opportunities. ator is correct. lowed even to have a hearing. It was When Democrats were the Senate Mr. LEAHY. I thank the distin- not a question of voting up or down. majority, we tried to help, to work guished Presiding Officer. As he knows, Republicans were in the majority. with the administration and with Sen- being a member of the Judiciary Com- They could have voted him down. But ate Republicans. Take, the Tenth Cir- mittee, while the debate time was both these well qualified nominees cuit. Even though President Clinton’s scheduled by the committee, at the were not even allowed to have a hear- nominees had been unfairly held up, we same time they scheduled hearings on ing. did not do the same thing to President various judicial nominees, including a Ms. Arguello is a talented Hispanic Bush’s nominees. We proceeded to con- very controversial nominee to another attorney. Her nomination had wide- firm 100 of his judicial nominees in 17 circuit court. As have others, including spread support from her community months. We proceeded on three of his the distinguished Chair, I have tried to and State. Both Republicans and nominees to the Tenth Circuit and balance my time from place to place Democrats called and wrote to me on filled three of the four vacancies on and attend to both matters ongoing si- her behalf. But as with so many circuit that circuit by adjournment last year. multaneously. I am sorry that I could court vacancies on the Tenth Circuit, With respect to this remaining nomi- not be here to open the debate but was the Fourth Circuit, the Fifth Circuit, nation, that of Timothy Tymkovich, I

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.009 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4605 must say—not just because of the Vermont, the State of Alabama, and ing his position and chastising the de- shameful, inexcusable way James every place else as prescribed by Fed- cisions of the Supreme Court of the Lyons and Christine Arguello were eral law. He argued: We will use your United States and of the Supreme treated by the Republicans—I have se- money, but you have no say in how we Court of Colorado. He criticized Justice rious misgivings about this nomina- use it. Kennedy’s decision in Romer as ‘‘an tion. Mr. Tymkovich has worked to un- Finally, Mr. Tymkovich claimed that important case study of the Supreme dermine environmental protections the Federal ‘‘motor voter’’ law was an Court’s willingness to block a and other Federal programs in the ‘‘intrusion’’ that ‘‘impose[d] special disfavored political result—even to the name of States rights. He has a par- burdens.’’ He called the law an ‘‘un- point of ignoring or disfiguring estab- ticular view of States rights, one that funded mandate’’ that ‘‘unquestionably lished precedent.’’ He also referred to I believe will color his decision making interferes with the States’ internal af- the U.S. Supreme Court’s oral argu- and result in hostility to Federal legis- fairs.’’ In summary, he argued that ment process as ‘‘judicial histrionics.’’ lation designed to protect all Ameri- ‘‘Congress has long ignored State inter- He concluded by saying this was ‘‘an- cans’ civil rights and all Americans’ ests.’’ other example of ad hoc, activist juris- environmental rights. I am also concerned about Mr. prudence, without constitutional moor- In 1996, Mr. Tymkovich testified be- Tymkovich’s involvement in attempts ing.’’ fore the Senate Governmental Affairs to weaken Title IX. As State solicitor Mr. President, I say this because this Committee, where he made strident general, Mr. Tymkovich appealed a de- is a man who claims he would be per- comments about his perceptions of cision by a Federal District Court find- fectly willing to follow the decisions of States’ rights. His testimony indicated ing that Colorado State University had the Supreme Court. In fact, the most that his support for ‘‘States’ rights’’ violated Title IX of the Education revealing aspect of his law review is his was conveniently focused on rolling Amendments of 1972. The suit, Roberts failure to acknowledge and respect the back Federal regulation in areas where v. Colorado State Board of Agriculture, decision of the Supreme Court and the he had substantive disagreements with was originally brought by members of views and integrity of those on the Federal policy. He testified in favor of the women’s fast-pitch softball team, other side of the argument from him. the so-called Tenth Amendment En- which had been cut by the university. I have voted for hundreds of judges forcement Act, which called on Con- The plaintiffs argued that the termi- nominated by both Republican and gress to eliminate implied preemption, nation of support for the team was a Democratic Presidents. My personal a form of preemption that has been violation of Title IX. The District belief is that it is not whether they are consistently recognized by the United Court issued a permanent injunction Democrats or Republicans, liberal or States Supreme Court. that required the university to rein- conservative, pro-life or pro-choice, or He claimed that the Federal Govern- state funding for the program and to whatever they might be; that is not the ment had interfered in Colorado’s provide the team with equal benefits to issue. The issue is whether, when some- State’s rights. Mr. Tymkovich com- other sports programs at the college. body comes before that court, that plained that the Federal Government Mr. Tymkovich appealed the case to they know that they are going to be had been ‘‘especially intrusive into the Tenth Circuit, arguing that addi- treated with fairness, treated with re- State affairs in the area of the environ- tional evidentiary requirements should spect, with courtesy, no matter which ment.’’ He cited as examples of such in- be placed upon Title IX plaintiffs. The side they are on or what legal position terference and ‘‘overreaching’’ the Tenth Circuit affirmed the lower they support in that litigation. EPA’s opposition to a State ‘‘self- court’s ruling, finding that the univer- A Federal judge has an enormous audit’’ program. That State program sity had not shown that it had fully amount of power. If somebody comes would have granted enforcement im- and effectively accommodated the in- into court and they know the case is munity to polluters that voluntarily terests and abilities of women athletes. already decided, that the judge has al- came forward and agreed to address Title IX has been vital to the inclu- ready determined, based on who you problems in the future. Immunity sion of women and girls in all facets of are, how the case is going to be de- would have applied no matter how education, especially athletics. You do cided, then I think you have a real damaging the polluters’ actions had not have to be a parent or grandparent problem that goes to the integrity of been. The State legislation was op- to know that now, if you go into any the courts and certainly to the inde- posed by the EPA because it violated schoolyard and you look at those play- pendence of the courts, and it deter- State obligations under several Federal ing sports at the grade school and high mines which way those courts are statutes—the Clean Air Act and Clean school level, you see boys and girls going to be seen. Water Act, among others. Mr. playing. At the college level, you see Why is that important in Mr. Tymkovich chided the EPA for refus- both young men and young women Tymkovich’s case? Because he shows ing to give the same immunity to pol- playing sports. This has been impor- what type of a judicial temperament he luters. In addition to his statements tant to all of us. would have. A most revealing aspect of about the self-audit program, Mr. I am also concerned about the per- his law review article is his failure to Tymkovich protested the EPA’s rejec- sonal hostility Mr. Tymkovich has acknowledge and respect the views or tion of State programs in water and air shown to Americans based on their sex- integrity of those on the other side of quality programs that did not meet ual orientation, and about his failure the legal debate. His article made me Federal standards. to accept the importance of civil rights ask myself why he felt compelled to Mr. Tymkovich also complained in laws. As Colorado solicitor general, he continue to advocate for the positions his hearing testimony that the Federal argued a case before the Colorado and he was taking once the case had been Government violated States’ rights by U.S. Supreme Courts, in which he un- concluded, once the Supreme Court had requiring Colorado to follow Federal successfully defended Colorado’s 1992 determined what the law was. Medicaid law if the State chose to ac- ballot initiative that added a broadly- He obviously feels very strongly per- cept Federal Medicaid funding. He ar- worded provision in the Colorado Con- sonally about these matters. That is gued that States should be allowed to stitution prohibiting any legal protec- fine and that is his right. But that does accept Federal Medicaid funding and tions based upon sexual orientation. not mean that he should be confirmed then refuse to use those funds as pre- Ultimately, the Supreme Court of the to a lifetime appointment on a Federal scribed by Federal law; that is, to deny United States found that the Colorado circuit court. Had he merely served as the termination of pregnancies in the law was motivated by prejudice, not ra- the attorney advocating a position in limited situation where a Medicaid- tionality, and thus ran afoul to the court, he could have chalked his in- qualified woman has been the victim of most basic premise of the equal protec- volvement in the Romer case up to pro- rape or incest. He argued that States tion clause. fessional advocacy in support of a pro- should be allowed to accept Federal So after he litigated the Romer case, vision adopted in Colorado. Instead, he Medicaid funding, but absolutely refuse and after a conservative Supreme went well beyond professional legal ad- to use these funds—funds that come Court ruled against him, he authored a vocacy. His advocacy went to the point from all of us from the State of bitter law review article both defend- of raising the question whether this

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.024 S01PT1 S4606 CONGRESSIONAL RECORD — SENATE April 1, 2003 man will be able to be fair to all liti- going to work to undermine Federal We proceeded with the first hearing gants. He wrote that ‘‘our society pro- laws and programs designed to guar- on a nominee to the Sixth Circuit in al- hibits, and all human societies have antee protection of civil rights and the most 5 years, confirmed her, and an- prohibited, certain activity not be- environment. I will vote against him. other controversial nominee to that cause they harm others, but because I will vote against him because I do circuit, even though three of President they are considered, in the traditional not believe that people can walk into Clinton’s nominees to that circuit phrase ‘contra bonos mores’, i.e. im- his court and believe they are going to never received a hearing. moral.’’ be treated fairly. I fear that people who We proceeded with the first hearings In short, the article seems replete come into his court and see that the on a nominee to the Tenth Circuit in 6 with heavy anti-homosexual rhetoric. person on the other side fits into the years. We confirmed three, even though The hallmark of a good judge is his or judge’s narrow view of who is accept- two of President Clinton’s nominees to her ability to be fair to all who come able and what is acceptable will think that circuit were never allowed hear- before the court. I have very grave that other person is going to win and I ings. doubts that Mr. Tymkovich can or will am going to lose no matter what the There is today no current vacancy on act in an unbiased or fair manner in- merits are. the First Circuit to which we con- volving civil rights. His expressions This is the last remaining vacancy on firmed a conservative nominee last seem otherwise. the Tenth Circuit. We had 7 years with- year. There are no current vacancies Equally disturbing about this inci- out a new judge of that circuit. Even on the Eighth Circuit to which we con- dent is Mr. Tymkovich’s apparent un- though President Clinton tried, Repub- firmed 3 of President Bush’s nominees willingness candidly to admit error ei- licans refused to allow his nominees to in spite of the irresponsible treatment ther to the courts or the Judiciary go forward to be considered. the Republican Senate majority had af- Committee. You have to wonder if he When I became chairman, we moved forded Bonnie Campbell of Iowa. would be fair and impartial as a judge three judges who were nominated by I have been in the Senate with six in a court. President Bush through to confirma- Presidents, President Ford, President In a case in which Mr. Tymkovich tion. None of them were people I would Carter, President Reagan, former was involved in private practice, he have ever nominated. I voted for all of President Bush, President Clinton, and represented the Republican and Liber- them. I thought even though we were the current President Bush. On judicial tarian parties, along with several State opposed and apart philosophically that nominees, each of the five previous legislators, in their challenge to the they could be fair. I did it notwith- Presidents had their own views of who constitutionality of Colorado’s Fair standing my own deep concern about they wanted on the courts, and that is Campaign Act. In the course of his rep- the unreasonable unfairness of the Re- their prerogative whom they nominate. resentation, which saw him before both publicans in not allowing a vote, not Each one of those Presidents sought to the trial court and the Tenth Circuit, even a hearing, on President Clinton’s unite rather than divide when it came Mr. Tymkovich erroneously agreed to nominees. I was determined not to do to the Federal judiciary. I think each consensual dismissal of one of his cli- that to President Bush. I thought it understood that the integrity and inde- ent’s claims before the district court. was absolutely wrong when it was done pendence of the Federal courts has to While each court differed about the to President Clinton. So three of those be protected. Each one of those five merits of the alleged claims, both four nominees went forward and they Presidents actually worked with Mem- agreed that Mr. Tymkovich voluntarily all sit on that court today as President bers of both parties in the Senate for dismissed a claim that (1) there was no Bush’s lifetime appointments to the nominees to go forward. I remember other means of challenging and (2) Tenth Circuit. sitting in many meetings with Presi- which he evidently still desired to liti- We have worked hard to reverse the dents of both parties. gate. In a case of such high impor- growing number of vacancies on the This President is the first one in my tance, and for a person being nomi- Federal courts and on the circuit experience in 29 years, who seems to nated to a court of such significance, courts, vacancies that were maintained have no interest whatsoever in working his actions in this case appear to in- under the Republican Senate majority with the Senate. He seems perfectly clude a rather serious mistake that re- when President Clinton was in the happy with what was done in the past flects upon his competency. White House. Even though President by members of his party, and now with Equally disturbing about this inci- Clinton nominated qualified, moderate members of his party willing to change dent is Mr. Tymkovich’s apparent un- people, they were not allowed to have the rules—ignore the rules and go for- willingness to candidly admit his error hearings. We tried to change that. Per- ward and do things that have never either to the courts or the Judiciary haps it is a case where no good deed been done before—so long as they win. Committee. Mr. Tymkovich continued goes unpunished. We tried to dem- In the short run, you win. In the long to argue the matter and assert that the onstrate to this new White House that run, you hurt badly the integrity and District Court behaved improperly and we could be different. the independence of the Federal court. without reason in dismissing his cli- In January 1995, when the Republican That is one thing we should think of. ent’s first amendment claim. So, too, majority took control of the confirma- These are lifetime appointments. They did he fail to reveal his error in his tion process, there were only 16 vacan- are not the terms of Senators or Presi- Senate Questionnaire. Although he cies on the circuit courts. When I be- dents. Presidents have 4-year terms. truthfully stated that he won some of came chairman in the summer of 2001, Senators have 6-year terms. The Fed- the claims he pursued, his careful there were 33 circuit court vacancies. eral bench has a lifetime term. wording on his Senate Questionnaire At the end of last year, these vacancies Finally, even though his term is ap- seems particularly crafted to avoid this had been cut by almost 25 percent, even proximately halfway over, I urge the aspect of the case. though 9 new circuit vacancies arose President to try for a few months to be I note for those who have recently during that time. a uniter, not a divider and work with trumpeted the ABA ratings as an im- We held the first hearing for a nomi- the Senate on nominating judges. We portant indicator of professional com- nee to the Fourth Circuit in 3 years, showed we were willing to move judges petence—especially when a close friend and confirmed him and another most much faster for him when the Demo- of President Bush is in charge of those controversial nominee, even though crats were in control than the Repub- ratings—Mr. Tymkovich received a rat- seven of President Clinton’s nominees licans did when they were in control ing that was partially ‘‘not qualified,’’ to that circuit never received a hear- and there was a Democratic President. indicating that a number of evaluators ing. Work with us. You are going to have did not consider him suited to the posi- We proceeded with the first hearing better courts; all Americans will have tion on the Tenth Circuit in which he for a nominee to the Fifth Circuit in 7 better courts. You can still appoint a was nominated. years and confirmed her, even though lot of Republicans—that is fine. But I am concerned that Mr. Tymkovich three of President Clinton’s nominees you could have an independent court, is yet another of President Bush’s to that circuit were never given a hear- not courts that are going to be seen by nominees to the circuit court who is ing. a growing—and it is growing—number

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.026 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4607 around this country as an arm of the The PRESIDING OFFICER. Without someone would deny their membership, Republican Party. Professor Sheldon objection, it is so ordered. but it has become a strange coinci- Goldman was recently quoted in an ar- Mr. ALLARD. I would also like to be dence how many Bush administration ticle by Stephanie B. Goldberg in MS. listed as a cosponsor on that resolu- nominees are members of the Fed- Magazine as saying: ‘‘If courts are per- tion. eralist Society. I have said that when ceived as being governed by political The PRESIDING OFFICER. Without you chart the DNA of Bush administra- ideology, they lose public support and objection, it is so ordered. tion judicial nominees, you are likely are no longer seen as an independent Would you add the Senator from to find, more often than not, the Fed- branch of government. They’re just an Ohio? eralist Society chromosome. arm of the regime.’’ Courts should not Mr. WARNER. Mr. President, I ask So I started asking questions, and be an arm of the Democratic Party or that the distinguished Presiding Offi- some of my colleagues are now joining the Republican Party. It is one branch cer, the Senator from Ohio, be added as me. Why? What is it about this organi- of Government that should be inde- a cosponsor. zation that is becoming such an impor- pendent. This White House seems to The PRESIDING OFFICER. Without tant element on a resume of someone want to change that. objection, it is so ordered. seeking a judgeship in the Bush admin- Over more than 200 years of history, Mr. WARNER. For the benefit of the istration? I asked Mr. Tymkovich, who is not Presidents occasionally have been un- Senate, it is being discussed now as to only a member of the Federalist Soci- able to resist the temptation of court- when this resolution might be brought IEBERMAN ety, but who is on its Colorado board of packing schemes, such as in the case of up. It is bipartisan. Senator L is one of the original cosponsors, to- advisers, the following question: John Adams or Franklin Roosevelt. gether with the distinguished majority One of the goals of the Federalist Society Those were wisely rejected. If the leader, Senator FRIST, Senator STE- is ‘‘reordering priorities within the legal sys- White House is unwilling to have an VENS, Senator INOUYE, myself, and now tem to place a premium on individual lib- independent judiciary, I hope the Sen- the others. erty, traditional values, and the rule of law.’’ ate will show enough courage to reject So those Senators having an interest I went on to ask him: that. should so notify the Presiding Officer. Which priorities do you believe need to be Before observing the absence of a I yield the floor. reordered? What is the role of federal judges quorum I ask unanimous consent that and the courts in reordering such priorities? the time run equally against both f On which traditional values should there be sides. EXECUTIVE SESSION a premium, and why? The Federalist Society The PRESIDING OFFICER. Without also states that its objective ‘‘requires re- storing the recognition of the importance of objection, it is so ordered. NOMINATION OF TIMOTHY M. these norms among lawyers, judges, and law Mr. LEAHY. I suggest the absence of professors.’’ a quorum. TYMKOVICH, OF COLORADO, TO THE UNITED STATES CIRCUIT I asked Mr. Tymkovich: The PRESIDING OFFICER. The If you are confirmed, how will you as a clerk will call the roll. JUDGE FOR THE TENTH CIR- CUIT—Continued judge restore, recognize, or advance these The assistant legislative clerk pro- norms? ceeded to call the roll. The PRESIDING OFFICER. The Sen- I do not believe these were trick The PRESIDING OFFICER. In my ator from Illinois. questions. I believe they were open- capacity as the Senator from Alabama, Mr. DURBIN. Mr. President, the ended questions so Mr. Tymkovich I ask unanimous consent that the order order of business on the floor, if I am could tell us what it is about the Fed- for the quorum call be rescinded. not mistaken, is the nomination of Mr. eralist Society that he understands to f Timothy Tymkovich for lifetime ap- be their mission, and whether he agrees pointment to the United States Court RECESS or disagrees. of Appeals for the Tenth Circuit. I rise Mr. Tymkovich’s entire response is The PRESIDING OFFICER. Hearing in opposition to that nomination. the following: no objection, under the previous order, Initially, it is worth noting that the I am not aware of the context of the the hour of 12:30 having arrived, the Tenth Circuit is closely divided be- quotations in the question, but all seem to Senate stands in recess until 2:15 p.m. tween Republican and Democratic ap- address the role of a policy commentator as Thereupon, the Senate, at 12:30 p.m., pointees, and the seat for which Mr. contrasted with the role of a federal judge. If recessed until 2:16 p.m. and reassem- Tymkovich was nominated is a seat confirmed as a judge to the Tenth Circuit, I bled when called to order by the Pre- would set aside any personal views and apply that the Republican-controlled Senate the precedent of the Supreme Court and the siding Officer (Mr. VOINOVICH). has denied on more than one occasion. Tenth Circuit. The PRESIDING OFFICER. The Sen- In fact, they have denied it to a mod- The quotations in my question are ator from Virginia. erate Hispanic-American Clinton nomi- straight from the ‘‘Our Purpose’’ page f nee in the year 2000, Colorado Attorney of the Federalist Society Web site. General Christine Arguello. She would ADDITION OF COSPONSORS—S. They constitute the mission statement have been the first and only Hispanic- CON. RES. 31 of the organization and are central to American judge on the Tenth Circuit, its identity. Mr. WARNER. Mr. President, I would but the Republicans, then in control of Mr. Tymkovich’s assertion that he is like to submit to the Chair a unani- the Senate, refused to give Ms. not aware of them raises important mous consent request. Arguello a hearing or a vote. questions. His responses to this com- Mr. President, pending at the desk is The Republican-controlled Senate mittee during the hearing indicate that S. Con. Res. 31 relating to the subject also refused to give a hearing or vote he was, at times, evasive in other an- of prisoners of war. I commend the to another Clinton nominee for the swers as well. Senator from Pennsylvania, Mr. Tenth Circuit, James Lyons, thus en- But there is one particular reason SANTORUM, for his work on this resolu- suring that this vacancy which we de- why I oppose Mr. Tymkovich, and it re- tion, approaching me and others about bate today would be theirs to fill. That lates to the issue of discrimination. the need for this resolution days ago. is what led us to this moment in time I have said on the floor of the Senate By inadvertence, and I accept responsi- where this nomination is being consid- and in the Judiciary Committee that bility for that, he was omitted from ered on the floor of the Senate. several weeks ago I had a unique oppor- the list of cosponsors. I asked Mr. Tymkovich some ques- tunity to visit the State of Alabama At this time, I ask unanimous con- tions when he appeared before the Ju- for the first time, to go there with sent that the Senator from Pennsyl- diciary Committee, and I would like to Democratic and Republican Members vania, Mr. SANTORUM, be added as a co- relate to you some of his answers. One of Congress, on a delegation led by our sponsor to S. Con. Res. 31, which is at of them relates to his membership in Congressman from Atlanta, GA, JOHN the desk. I thank the Chair. the Federalist Society. LEWIS, to visit some of the most impor- Mr. ALLARD. If the Senator from There is nothing illegal about the tant spots in America in the civil Virginia will yield? Federalist Society, nor any reason why rights movement.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.028 S01PT1 S4608 CONGRESSIONAL RECORD — SENATE April 1, 2003 We went to Birmingham, AL, and vis- wrong side. Mr. Tymkovich appears to er, in fact, the Colorado voters could ited the Baptist church where four lit- be hostile to laws prohibiting discrimi- vote to take away the rights of individ- tle girls were killed with a firebomb on nation based on sexual orientation. uals because of sexual orientation. a Sunday morning. This isn’t an easy issue for a lot of The Supreme Court decided by a vote I went to Selma, AL, with Congress- Members of Congress. There are people of 6 to 3 that the position argued by man JOHN LEWIS, and stood at the spot who feel very strongly against those Mr. Tymkovich was wrong. Only three where he was beaten by the Alabama with a different sexual orientation, of the most conservative Justices on State troopers and the militia, suf- gays and lesbians in American society. the Supreme Court felt otherwise: Jus- fering a concussion, at the time the I, for one, was raised in a conservative tices Scalia and Thomas, and Chief march to Montgomery was turned small town, East Saint Louis, IL. I Justice Rehnquist. They dissented, but back. raised my family in another small six other Supreme Court Justices said We went to Montgomery, AL, and town, Springfield, IL. It was not until I the Colorado decision to pass amend- stood on the street corner where Rosa got involved in congressional politics ment 2 violated the equal protection of Parks boarded the bus and refused to that I stepped back and said: I have to the laws in the United States and that give up her seat. take a look at this issue. I have to de- Mr. Tymkovich’s position arguing in The importance of this cannot be cide whether this is a civil rights issue favor of it was wrong by a vote of 6 to overstated for a person in my genera- and, if it is, which side of history I will 3. The man before us today asking for tion because the civil rights movement be on. a lifetime appointment to the Tenth was part of my formation as a young I have tried, though my record is not Circuit was found by the U.S. Supreme person. The civil rights movement was perfect, to stand for the proposition Court to be mistaken in his position. something I valued for what it brought that discrimination against any Amer- That is not the first time that has to America. It was a struggle I wit- ican based on race, religion, national ever occurred. Lawyers argue cases, nessed as a young student and appre- origin, gender, disability, age, or sex- and sometimes they have no choice. ciated as I grew older. ual orientation is wrong. I think that They need to come before the court Congressman JOHN LEWIS said to us, is a standard that America—all of representing their clients. Whether it as we were visiting these important America—should hold high. But, unfor- is a State, locality, business or an indi- historic sites, something that was not tunately, when it came to Mr. vidual, they come before the court and part of the formal program. He said: Tymkovich, and discrimination make the best case, and the court There never would have been a civil against people because of sexual ori- rules. Sometimes they are on their side rights movement in Alabama, there entation, he took an opposite course. and sometimes they are opposed. In would not have been a march from He zealously supported Colorado’s this case the Supreme Court ruled Selma to Montgomery, were it not for amendment 2, which eliminated the against Mr. Tymkovich. one Federal judge, Frank Johnson. legal rights for gays, lesbians, and What troubles me is what happened Frank Johnson, a Federal district bisexuals by banning all legislative, ex- after that. After the Supreme Court court judge—Republican, appointed by ecutive, or judicial action at any level issued its decision, Mr. Tymkovich de- President Eisenhower—had the courage of State or local government designed cided to author a Law Review article. to stand up to the establishment in to protect them. In other words, It is a lengthy article in the 1997 Uni- Alabama and other Federal courts and amendment 2 commanded that there be versity of Colorado Law Review. It is to fight against discrimination. He no recourse for any gay person in Colo- entitled ‘‘A Tale of Three Theories: made important rulings, striking the rado who was fired or not hired, denied Reason and Prejudice in the Battle Montgomery County ordinance which housing, harassed in school, or subject Over Amendment 2.’’ allowed for segregation on buses, strik- to similar acts of discrimination. Mr. Tymkovich and a couple other ing laws which did not allow fair rep- When I took a look at the Supreme writers went on to explain why the Su- resentation in the legislature of Ala- Court case where this amendment was preme Court was just plain wrong. Mr. bama, and, of course, signing the order challenged, they listed some of the Tymkovich wrote that the Supreme which allowed the march from Selma local ordinances that were at issue. Court decision in Romer v. Evans is to Montgomery. They listed Colorado municipalities ‘‘merely another example of ad hoc ac- Because of his courage, he was and what they were attempting to pro- tivist jurisprudence without constitu- shunned by leaders in society. He could tect: Aspen, CO, had a local ordinance tional mooring. If the test of an inde- not go back to his old country club. He prohibiting discrimination in employ- pendent judiciary lies in its response to had to start using the public golf ment, housing, and public accommoda- difficult political decisions, Romer is courses. But there was worse. His tion based on sexual orientation; Boul- cause for great uneasiness about the mother’s life was threatened. Bombs der, CO, and Denver, CO the same health of self-government.’’ were going to be detonated at his home thing; an executive order prohibiting There is a paragraph in this article and her home. Security was necessary employment discrimination for all which I find particularly offensive. Mr. around the clock. But he persevered. State employees classified and exempt Tymkovich, in describing the lifestyle And because of his courage and his de- on the basis of sexual orientation; the of those with different sexual orienta- termination, the civil rights movement Colorado insurance code, forbidding tions, likens them to people who prac- was a reality. health insurance providers from deter- tice bestiality. Those are not my America is a better place because of mining insurability and premiums words. They are the words written by one Federal district court judge who, based on an applicant’s or a bene- Timothy M. Tymkovich who now seeks given a chance to stand up against ficiary’s or an insured’s sexual orienta- a lifetime appointment to the second prejudice and bigotry, did the right tion; and other provisions prohibiting highest court in the nation. thing for America. discrimination based on sexual orienta- Mr. Tymkovich decided in this arti- I thought to myself, as all of these tion at State colleges. cle to establish what he considers to be judicial nominees come to the Senate, These were the laws which amend- a moral rationale for discrimination. It through the Judiciary Committee, ment 2 in Colorado would have wiped is not the first time that has happened. where is the next Frank Johnson? off the books. Mr. Tymkovich came to If you will look back in our history, Where is the next person who will the U.S. Supreme Court and argued there has scarcely been a time when stand up and fight for civil rights, the that these local ordinances should be discrimination was practiced in Amer- challenge of our generation? wiped off the books, or at least that ica that someone didn’t rationalize it I thought over that particularly amendment 2 should be allowed to or moralize it. Whether the objects of when I considered the candidacy and stand. that discrimination were Native Amer- the nomination of Mr. Tymkovich for The amendment was approved by a icans, African Americans, Asians, this circuit court judgeship. Mr. majority of Colorado voters, so the Su- Catholics, the Irish, they have used Tymkovich already has had his chance preme Court had to really face the some sort of moral rationale to say to speak out on the issue of discrimina- basic issue as to whether amendment 2 that a position of discrimination is ac- tion. Sadly—sadly—he came out on the was an equal justice issue, and wheth- tually the moral thing to do.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.033 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4609 Mr. Tymkovich took exactly that po- from which he has not backed away, is opposite point of view in arguing the sition when it came to discrimination something we should not sustain, case between the Supreme Court. Mr. against people based on sexual orienta- should not encourage, and should not Tymkovich, as solicitor general for the tion. approve with our vote. If Mr. State of Colorado, had an obligation, That position goes way beyond the Tymkovich has his way, the struggle regardless of his personal feelings, to norm in America. Mr. Tymkovich tries for civil rights and equal treatment argue on behalf of the people of Colo- to argue in his article that this is all under the law will be even greater and rado. Jean Dubofsky, arguing on the about States’ rights. I understand more difficult for future generations. opposite side before the Supreme there is an important balance between That is why I will vote to oppose his Court, argued against the amendment. Federal power and State power. The nomination. She has written a letter in support of Constitution acknowledges that. But, I yield the floor. his confirmation. She was his opposi- historically, those who want to support The PRESIDING OFFICER. The Sen- tion on arguing on amendment 2, which discrimination have usually found ator from Colorado. my colleague from Illinois just men- their refuge in the dark shadows of Mr. ALLARD. Mr. President, I would tioned in his remarks; she argued States’ rights. The Federal Govern- have to say that Tim Tymkovich’s against Mr. Tymkovich in the position ment should not step in, they argue, to nomination is far from a partisan proc- of the people of Colorado, as far as establish constitutional principles of ess. In fact, he has been supported in a amendment 2. She said she had to re- equal justice under the law. They bipartisan way. I have a list of people spect him because he was such an elo- argue: let the States establish those who have supported him. I would like quent advocate for the people of Colo- standards, knowing full well that you to share some of the comments, letters, rado, he was intellectual, he made won’t have a uniform standard across and statements made in support of Mr. great intellectual arguments, and he is the country. You will not have uniform Tymkovich’s nomination. recognized throughout the legal profes- protection under the law. He is widely respected in Colorado as sion in Colorado as somebody who is The Supreme Court, in the case of a fair attorney who works well with objective, straightforward and, above Romer v. Evans, saw it differently. others regardless of political philos- all, respects the law, respects the rule Thank goodness they did. ‘‘One century ophy. Just listen to the names of these of law. ago,’’ Justice Kennedy wrote, ‘‘the first supporters and you will quickly recog- nize that there is tremendous and I want to just note that, again, Jean Justice Harlan admonished this Court Dubofsky, an ‘‘unabashed liberal,’’ ac- that the Constitution neither knows broad support for his nomination from people who have worked with him on a cording to the Denver Post, supports nor tolerates classes among citizens.’’ Tim Tymkovich in the strongest They went on to say, during the daily basis, his peers; for example, Roy Romer, former Democratic Governor of terms. Not only was Dubofsky a justice course of this opinion: on the Colorado Supreme Court, but ‘‘If a law neither burdens a fundamental Colorado, with whom Mr. Tymkovich had to work on a fairly regular basis she argued against Tim Tymkovich on right nor targets a suspect class, we will up- amendment No. 2; she was opposing hold the legislative classification so long as since he was Solicitor General. it bears a rational relation to some legiti- Let’s look at what the Governor of counsel. Tim Tymkovich now has the mate end.’’ the State of Colorado said about Tim endorsement of not only her but five They said Mr. Tymkovich’s logic and Tymkovich: other former supreme court justices for argument in Romer v. Evans were a Mr. Tymkovich served the State of Colo- Colorado. He is well recognized for his basic denial of equal protection under rado from 1991 through 1996 during the latter legal efforts in trying to enforce the the law. Now Mr. Tymkovich wants an part of my tenure as governor of the State of law. opportunity to go to the second highest Colorado. He served with distinction and was I think in the committee hearing court in the land and argue his point of a strong advocate in legal matters for Colo- Tim Tymkovich answered the ques- rado. He also demonstrated a capacity to tions that were put forth, and he an- view for a lifetime. I am sorry. That is work closely with Colorado Democrats as a bad choice. It is a bad choice for the well as Republicans as Solicitor General . . . swered them in a straightforward man- Tenth Circuit and a bad choice for He was always a straight shooter in giving ner. Here are a couple of key state- America. legal advice to me and my top staff. ments he made in committee I think Throughout my service in Congress, I We are all involved in politics. Some- we need to keep in mind on the floor of have tried to support every effort to times in the political process there is a the Senate. I quote what he said in end discrimination based on race, gen- disconnect from what politicians may committee: der, ethnic origin, religious belief, age, say and what they may do. Timothy I believe an appellate judge has to set aside disability, or sexual orientation. Fair Tymkovich is not a politician. He a his or her personal views and faithfully apply and equal treatment of all Americans dedicated public servant. People like applicable Supreme Court precedent. is a cornerstone of our society and our the former Governor of Colorado, the political system. Unfortunately, de- In other words, he sets aside his own former head of the National Demo- personal views to enforce and to prop- spite the great progress we have made, cratic Party, recognize his commit- the struggle for civil rights and equal erly interpret the law. What more can ment to doing the right thing. you ask? We have three branches of treatment under the law continues I cannot believe, if he carried on with Government: executive, legislative, today. some of the arguments that have been and judicial. Our forefathers had in Federal judges, such as Frank John- made by the opposition, that we would mind the legislative branch where we son, stood up 40 years ago under risk of have support from individuals such as make the laws. We have the executive personal harm and risk to their fami- the former head of the national Demo- branch, which administers the laws lies and said: I will stand up for equal crat party. protection under the law—when it The following are supporters of Tim passed by the Congress, and we have came to African Americans. I am sorry Tymkovich: the judicial branch, which is set up to to say that based on his arguments and Michael Huttner, partner in Foster, interpret the law and to apply the law. his own words, I cannot believe that Graham, and Huttner, a law firm in In response to other questions before Mr. Tymkovich could ever rise to that Denver; William H. Erickson, former the committee, this is what he said challenge. Chief Justice on the Colorado Supreme about amendment No. 2, and what he If we want to turn our backs and ig- Court; John M. Hereford, executive di- said about the article referred to in my nore the reality of people who have pol- rector of Great Outdoors; William H. colleague’s comments earlier in the de- ished their prejudices to a high sheen Hanson, a Colorado attorney; Robert F. bate, where Mr. Tymkovich referred to with legal niceties, we are ignoring a Nagel, a resident of Boulder, Colorado, the article written on amendment No. basic responsibility of the Senate of a professor of law at the University of 2: the United States. If we tolerate intol- Colorado School of Law; the Rocky The article itself describes the public pol- erance, that is a form of intolerance. Mountain News; the Denver Post; Jean icy arguments that were presented to the The intolerance of Mr. Tymkovich, as Dubofsky, Colorado Supreme Court voters during the initiative’s political cam- evidenced in this Law Review article, Justice. On amendment 2, she took the paign, not my own.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.035 S01PT1 S4610 CONGRESSIONAL RECORD — SENATE April 1, 2003 As solicitor general of the State of his sensitivity to the rights of crime victims, rado ballot initiative prohibiting any Colorado, he was invited by the Jour- as well as his great legal skills, will serve legal protections based upon sexual ori- nal to write the article, and he com- our citizenry well. As Solicitor General, Mr. entation. As Colorado Solicitor Gen- plied to write that article, stating in a Tymkovich was instrumental in the creation eral, he had unsuccessfully defended of the first appellate victim services unit that initiative before the U.S. Supreme factual way the arguments both pro within the office of the Attorney General. and con for amendment No. 2 in the Mr. Tymkovich’s legal expertise was also Court. By his own words, in that law State of Colorado. significant in the determination of the prop- review article, the nominee dem- My colleague from Illinois also er course of action for passage of the Colo- onstrated why the majority of the U.S. talked about the previous nomination, rado Constitutional Victim Rights Amend- Supreme Court was right in its under- and he implied that somehow or other, ment. standing and application of the U.S. with the Christine Arguello nomina- The letter went on to describe his su- Constitution and the role of the judici- tion by President Clinton, there was a perb legal skills and well-recognized ary in our society and the nominee is political process. Again, I state in the victims expertise, and concluded: wrong. strongest terms that that simply is not His performance has shown not only an un- The nominee’s personal opinion pre- true. Carlos Lucero, a Hispanic from derstanding of legal issues surrounding sumably is that homosexuality is im- Colorado, is the first to serve as a His- crime victimization but also a very great moral. He is entitled to his own opin- panic on the Tenth Circuit Court of Ap- sensitivity to the attendant human cost. ions. He is not entitled, however, to peals. I supported him at the time. I can go on and talk about the num- make his personal opinions the moral Christine Arguello’s name came up for ber of people who respect the expertise code of American society and then to district court. I am the one who nomi- and the capabilities of Mr. Tymkovich, make judicial decisions based upon nated her to be on the District Court of but the fact is that he has bipartisan them. Our country is based upon a Colorado. It wasn’t a nomination, but I support and the Senate should go foundation of laws which are, in turn, sent a recommendation to the Presi- ahead and confirm him without any based upon the U.S. Constitution. It is dent of the United States. She was further delay. not a society run on the personal preju- never nominated by the President. I ask unanimous consent that the dices imposed by those who are in Then at the last minute, her name was time until 3:45 be equally divided in the power upon the rest of the citizenry. put forward—right at about the time usual form for the consideration of the The judiciary is the ultimate pro- we were ready to adjourn the Senate— pending nomination, and that at 3:45 tector of individuals whom some cul- for a position on the Tenth Circuit today the Senate proceed to a vote on tural gestapos would otherwise ostra- Court of Appeals. Frankly, the Senate the confirmation of the nomination cize, demonize, and criminalize. In the didn’t have time to act on a last- with no further intervening action or extreme, where countries have their minute nomination put forward by the debate. I understand both leaders have laws made that are enforced by the President. agreed to this request. self-proclaimed guardians of the public Many of us have worked hard to The PRESIDING OFFICER. Without more or less, which always quite con- make sure that Hispanics have an op- objection, it is so ordered. veniently match entirely with their portunity to serve on our courts. I Mr. ALLARD. I ask unanimous con- own personal beliefs, democracy is al- think it is important that we continue sent that the time be equally divided ways and inevitably sacrificed on the to push for that. So let me make it during the quorum call between advo- altar of prejudice and intolerance, clear. I am the Senator who nominated cates and opponents of the nomination. masquerading as higher ideals. A de- Christine Arguello. I was working with The PRESIDING OFFICER. Without mocracy must be able to permit peo- ple’s differences, especially in their the White House and the Clinton ad- objection, it is so ordered. personal lives. We are not required to ministration to get Mrs. Arguello nom- Mr. ALLARD. I suggest the absence like someone else’s actions. We are not inated in the first place. As we have of a quorum. required to agree with their particular witnessed many times, the politics of The PRESIDING OFFICER. The views. But we do have to understand August nominations are often nothing clerk will call the roll. and accept their rights to their per- more than political gestures aimed at The assistant legislative clerk pro- sonal differences from us and our soci- grabbing headlines but have no chance ceeded to call the roll. ety’s tolerances of those differences as of completing the confirmation process Mr. DAYTON. Mr. President, I ask being the essence and the test of a de- simply because the nomination came unanimous consent that the order for mocracy. too late in the process. the quorum call be rescinded. Again, I emphasize, I nominated Any totalitarian government—com- The PRESIDING OFFICER (Mr. Christine Arguello. This is the plain munist, fascist, Saddam Husseinist— CRAPO). Without objection, it is so or- and simple truth and we need to recog- tolerates the behavior and beliefs dered. nize that. which conform to their own personal Mr. Tymkovich is further recognized The Senator from Minnesota. views, but those whose words, beliefs, for his work by Joseph Quinn, Colorado Mr. DAYTON. Mr. President, I rise or actions are different from theirs are Supreme Court Justice; Gregory Scott, today to oppose the confirmation of not tolerated and not permitted. They Colorado Supreme Court Justice; Luis this nominee. I do so because his stated are dehumanized, incarcerated, and Rovira, Colorado Supreme Court Jus- views on important judicial matters even executed because they or their tice; the Colorado Department of Pub- are not only wrong but also wrong views or their actions are different lic Safety, Suzanne Mencer, and Nancy minded, wrong about the particulars of from those who hold the power. Lewis of the Colorado Organization of the decisions which he opposes, wrong For those of us in a democracy, this Victims’ Assistance; Barbara O’Brien, minded about the proper role and re- is one of the most difficult principles President of the Colorado Children’s sponsibilities of the judiciary under to really understand, and even more Campaign; Rebecca Coppes Conway, a our Constitution. difficult for us to put into practice, but Colorado attorney. They have all listed The nominee has stated: Our society that is why we have the judiciary. That their names as supporters. prohibits, and all human societies have is why these are lifetime appointments You have already heard statements prohibited, certain activities not be- to the U.S. Federal courts: so that the and letters from Governor Romer, the cause they harm others but because men and women the President nomi- justices, and the newspapers. Here is they are considered immoral. nates and we confirm can make un- what the rest of them had to say about In this category, the nominee in- popular decisions, take positions that Mr. Tymkovich. Suzanne Mencer and cludes sadomasochism, cock fighting, would get elected officials probably Nancy Lewis of the Colorado Depart- bestiality, sodomy, and homosexuality. unelected because they do not follow ment of Public Safety and the Colorado The nominee made those comments in the laws that are derived from the U.S. Organization for Victim’s Assistance an article he wrote for the University Constitution. The more unpopular wrote a letter to Chairman Hatch, and of Colorado Law Review. He was ex- those rights are, the more crucial it is I quote: pressing his pique at a decision by the for the judiciary to uphold them. We have each known Mr. Tymkovich for a U.S. Supreme Court, with six Judges in Unfortunately, this nominee would considerable period of time and believe that the majority, which overturned a Colo- rather pander to his ideological pals

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.038 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4611 and perhaps to popular opinion than re- orado Supreme Court justices with var- tion of Tim Tymkovich to the Tenth spect the greater wisdom of the judici- ied political backgrounds. They all dif- Circuit of the United States Court of ary and the U.S. Supreme Court which fer on professional experiences. They Appeals. he now wishes to join at a lower level. all had diverse legal careers. They had I suggest the absence of a quorum. If he does not respect their wisdom and different racial, gender and ethnic The PRESIDING OFFICER. The their courage now, it is extremely un- backgrounds. But they came up with a clerk will call the roll. likely that he will acquire either of unanimous opinion that Mr. The legislative clerk proceeded to those qualities when he dons judicial Tymkovich should be confirmed by the call the roll. robes. It is a reason again why the entire Senate. That speaks loads. His Mr. ALLARD. Mr. President, I ask penchant of this administration to peers, working with him on a daily unanimous consent that the order for nominate to high judgeships people basis, understand his capabilities. the quorum call be rescinded. who have never before been a judge, as Mr. President, we have heard both The PRESIDING OFFICER. Without this nominee has not, assures a lack of sides present arguments, discuss the objection, it is so ordered. understanding of the responsibilities nominee, as well as the mechanics of Mr. ALLARD. Mr. President, I ask and the role, a shallowness, an igno- our constitutional judicial nomination unanimous consent that the time dur- rance and, if they are confirmed, the process. Now it is time to finish the job ing the quorum call be divided equally likely regular abuses based on those and to move to an up or down vote on between both sides. misunderstandings and those biases. his nomination. I believe Mr. The PRESIDING OFFICER. Without I also disagree with the nominee and Tymkovich to be a very well-qualified objection, it is so ordered. his characterization that gay men and attorney, an attorney who will main- Mr. ALLARD. Mr. President, I sug- lesbian women are seeking special tain high principles and a strong dedi- gest the absence of a quorum. rights when, in fact, anyone who views cation to the law. He has the over- The PRESIDING OFFICER. The these matters with any understanding whelming support of the Colorado legal clerk will call the roll. of reality, whether he or she disagrees community. His support comes from The legislative clerk proceeded to or agrees with those practices, cannot professionals and clients with varied call the roll. possibly believe they are not subject to political backgrounds and differing Mr. SUNUNU. Mr. President, I ask regular and sometimes brutal viola- professional and real-life experiences. unanimous consent that the order for tions of legal rights, civil rights, and His support comes from people with di- the quorum call be rescinded. human rights. To twist and distort verse legal careers and job history, and The PRESIDING OFFICER. Without that need for the protections which the different race, gender and ethnic back- objection, it is so ordered. United States court system has, to af- grounds. He is unanimously supported Mr. SUNUNU. Mr. President, I ask ford to those who are oppressed and by five former justices of the Colorado unanimous consent I be allowed to discriminated against and who are the Supreme Court, including Jean speak as in morning business, with the victims of prejudices of those who are Dubojsky, an attorney who served as time allotted against the time for the not willing to relent, by either greater opposing counsel to one of our Nation’s nomination. wisdom in the spirit of our democracy most high profile constitutional cases. The PRESIDING OFFICER. Without or often the biblical junctions which Dubofsky and fellow justices consider objection, it is so ordered. they purport to represent, if the courts Tymkovich to possess the necessary at- (The remarks of Mr. SUNUNU per- will not stand with those individuals to tributes of a Federal judge, and that taining to the submission of the resolu- protect them, then there is no recourse Colorado and the Nation should no tion are printed in today’s RECORD and there is no protection. longer be subjected to undue delay on under ‘‘Submitted Resolutions.’’) With this nominee, sadly, there is an his nomination. I strongly urge my col- Mr. SUNUNU. Mr. President, I yield unwillingness to even admit the reality leagues to support the nomination of the floor and suggest the absence of a of circumstances, much less to evi- Mr. Tim Tymkovich. His confirmation quorum. dence any understanding of his respon- would fill a vacancy on the Tenth Cir- The PRESIDING OFFICER. The sibilities as a judge to uphold this Con- cuit Court of Appeals that has sat va- clerk will call the roll. stitution and what it means for all citi- cant for 4 years. The legislative clerk proceeded to zens: The right of life, liberty, and the In my opening statement, I con- call the roll. pursuit of happiness. cluded by stating that a necessary Mr. ALLARD. Mr. President, I ask Remember the admonition: Inasmuch component of providing justice and unanimous consent that the order for as you have done so to these the least protecting liberty and freedom is an ef- the quorum call be rescinded. of my brothers, you have done so unto ficient and properly equipped court. A The PRESIDING OFFICER. Without me. court that has the personal and judi- objection, it is so ordered. I yield the floor. Mr. ALLARD. Mr. President, I ask The PRESIDING OFFICER. The Sen- cial resources that enable it to fulfill unanimous consent that the time dur- ator from Colorado. its constitutional obligations. Tim Mr. ALLARD. How much time re- Tymkovich is highly qualified, and will ing the quorum call be divided equally mains on both sides? serve the judiciary in the best tradi- between both sides. The PRESIDING OFFICER. The Sen- tion of our Nation’s most respected The PRESIDING OFFICER. Without ator from Colorado has 24 minutes, and courts. objection, it is so ordered. the minority has 14 minutes 14 seconds. Before I conclude, before we move to Mr. ALLARD. I suggest the absence Mr. ALLARD. Mr. President, I reit- a final vote, I would like to leave you of a quorum. erate what five former Colorado Su- with a final thought, an important The PRESIDING OFFICER. The preme Court justices say about Mr. statement made by five justices of the clerk will call the roll. Tymkovich in their letter of rec- Colorado Supreme Court. The legislative clerk proceeded to ommendation to Chairman ORRIN ‘‘. . . [W]e speak as one voice, resolute in our call the roll. HATCH on the Judiciary Committee in belief that the people are entitled to and Mr. KENNEDY. Mr. President, I ask the Senate. These are individuals who that Mr. Tymkovich is most deserving of unanimous consent that the order for know Mr. Tymkovich. He practiced be- consideration . . . Mr. Tymkovich’s experi- the quorum call be rescinded. fore them. He worked with them be- ence, practice, public service, temperament The PRESIDING OFFICER. Without cause he was solicitor general for the and skills will serve the people of the United objection, it is so ordered. State of Colorado. States well. Mr. KENNEDY. How much time re- Based on our professional experi- Their unqualified support tells us a mains on Senator LEAHY’s time? ences, we are of the unanimous judg- great deal about Tymkovich’s creden- The PRESIDING OFFICER. The Sen- ment that he is well qualified and most tials and his suitability to the Federal ator has 21⁄2 minutes. able to serve as an appellate judge of bench. This statement deserves our at- Mr. KENNEDY. Mr. President, I yield the United States court of appeals. tention and our respect. myself the 21⁄2 minutes. Mr. President, we need to recognize I urge my colleagues to support the I urge my colleagues to vote against that this letter comes from former Col- nominee, and to vote for the confirma- the nomination of Timothy Tymkovich

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.041 S01PT1 S4612 CONGRESSIONAL RECORD — SENATE April 1, 2003 to the Tenth Circuit because I do not state that he would follow Romer, and continues to nominate judges who believe he has met his burden of show- that he would be fair in antidiscrimina- would weaken the core values of our ing that he has the qualifications, fair- tion cases involving sexual orientation country and roll back the civil rights ness, and commitment to core con- and other matters. But it is difficult to laws that have made our country a stitutional values required of an appel- reconcile the assertion she made at his more inclusive democracy, the Senate late court judge. The positions that hearing with the strong statements in should reject them. I urge the Senate Mr. Tymkovich has taken raise serious his article. to reject his nomination. questions about his ability to be open- As solicitor general, Mr. Tymkovich Mr. KOHL. Mr. President, I rise minded in cases involving gay rights unsuccessfully defended Colorado’s de- today in opposition to the nomination and privacy, reproductive choice, and cision to cut off, in violation of Federal of Timothy Tymkovich to the U.S. the power of the Federal Government law, State Medicaid funding for abor- Court of Appeals for the Tenth Circuit. with regard to the States. tions for poor women who had become Having reviewed his record and his tes- As State Solicitor General, Mr. pregnant due to rape or incest. Again timony at his confirmation hearing, I Tymkovich defended Colorado’s here, Mr. Tymkovich can argue that he am left with only one conclusion—he antigay ballot initiative, Amendment was simply doing his job. However, in does not warrant confirmation to an 2, which was struck down by the Su- testimony before Congress in 1996, Mr. appellate judgeship. preme Court in Romer v. Evans for vio- Tymkovich criticized the Medicaid re- It is not merely the extreme, highly lating the equal protection clause. The quirements as an unwarranted intru- ideological positions he has taken on a Romer decision vindicated the ability sion into a matter of state concern. In variety of important legal questions of gays and lesbians to employ the po- that same testimony, Mr. Tymkovich that compels me to oppose his con- litical process to secure antidiscrimi- also criticized the Federal ‘‘Motor firmation. But his record is replete nation protections, in the same manner Voter’’ law as intrusive because it with these positions on issues from en- as other American citizens. Justice poses ‘‘special burdens’’ on States; vironmental protection to a woman’s Kennedy, the author of the Romer deci- criticized the EPA’s decision to pros- right to choose. He has consistently ad- vocated an extreme reading of ‘‘States sion, perhaps put it best when he said ecute polluters who violated Federal rights’’ that would eviscerate the abil- ‘‘it is not within our constitutional environmental law standards as in- ity of the Federal Government to pro- tradition to enact laws like Amend- fringing on state prerogatives, and ar- tect Americans from a variety of dan- ment 2.... Central to both the idea of gued against the doctrine of implied gers. He believes that Federal clean air the rule of law and to our own Con- preemption. This testimony, in his ca- and water regulations, Federal funding stitution’s guarantee of equal protec- pacity as one of the top legal advisors for abortions for victims of rape and in- tion is the principle that government to the State Attorney General, leads cest, and even ‘‘motor voter’’ provi- and each of its parts remain open on me to question whether Tymkovich sions designed to make it easier for impartial terms to all who seek its as- would have the proper respect for con- citizens to exercise their fundamental sistance.’’ gressional authority to pass laws that As State solicitor, Mr. Tymkovich right to vote all unconstitutionally impact States. interfere with State sovereignty and had a duty to defend Amendment 2, but Finally, Mr. Tymkovich received a I am concerned about the content and autonomy. partial rating of ‘‘not-qualified’’ from But what most disturbs me con- the tenor of the comments made by Mr. the American Bar Association. While cerning Mr. Tymkovich—and, in my Tymkovich in a law review article he such a rating is not automatically dis- view, plainly disqualifies him for a wrote after the Court decided Romer in qualifying, when combined with my Federal appellate judgeship—is the ani- which he harshly criticized the Court’s other questions about Mr. Tymkovich, mus he has shown towards one group of reasoning and its decision. Not simply it leads me to conclude that I cannot Americans. He has argued that it is ap- content to disagree with the Romer de- support his nomination. propriate for the State to forbid local- cision, Mr. Tymkovich berates the Our Federal courts and the American ities from passing laws forbidding dis- Romer Court for its ‘‘ad hoc, activist people deserve judges of the highest crimination on the basis of sexual ori- jurisprudence’’ and its ‘‘willingness to caliber: judges who are fair, open, and entation. And his advocacy of this posi- block a disfavored political result.’’ impartial, who are highly qualified, tion was not limited to representing Mr. Tymkovich defends the antigay or- who possess unimpeachable integrity, his client, the State of Colorado, in the dinance as the exercise of freedom and who are committed to core con- courts. After the Supreme Court re- against immoral behavior. Employing stitutional values. The nominee has jected these arguments, and held such language that is a frightening parallel the burden to show the Senate that he laws were contrary to basic principles to that used by advocates against Fed- or she meets that standard and is wor- of equal protection, he published a law eral laws prohibiting racial discrimina- thy of confirmation. Unfortunately, review article defending his position. tion in the 1960s, Mr. Tymkovich sug- Mr. Tymkovich has failed to do so. In this article, he stated that it was gests that prohibiting discrimination I am concerned about what seems permissible for the State to deny pro- on the basis of sexual orientation is an like the right-wing ideological bent of tection from discrimination to gays improper infringement on an individ- the nominees that the administration just as it would be permissible for the ual’s liberty interest. continues to send forward. I urge this State to forbid certain immoral activ- Mr. Tymkovich’s statements lead one administration to work with the Sen- ity such as ‘‘sadomasochism, cock- to question whether he will understand ate, both Democrats and Republicans, fighting, bestiality, suicide, drug use, the vital role that the equal protection to nominate moderate judges who are prostitution and sodomy.’’ Such ugly clause and antidiscrimination legisla- qualified, fair, and have bipartisan sup- arguments reflect an intolerance and tion plays in protecting minorities port. This can be easily done. But the hostility to equal rights that have no against popularly-enacted laws. Ac- administration continues to insist on place in our Federal courts. cording to Mr. Tymkovich, ‘‘it is al- its unilateral right to pack the courts Anyone who reviews my record on ju- ways legitimate public policy for vot- with judges hostile to civil rights and dicial nominations knows that I do not ers or legislatures to repeal disfavored to the enforcement of important Fed- lightly oppose Federal judicial nomi- laws. No law, including civil rights leg- eral laws with profound impacts on the nees. But this nominee’s extreme posi- islation can be seen as a one-way lives of Americans. tions and opposition to equal rights for street. In the end, this important point The central values of our society— all Americans—regardless of their sex- was lost on the U.S. Supreme Court.’’ whether our society will continue to be ual orientation—leave me no choice. The harsh tone of the criticism raises committed to equally, freedom of ex- Mr. HATCH. Mr. President, I am concerns about how Tymkovich will pression, and the right to privacy—are pleased that the full Senate is consid- approach the civil rights cases that at issue with each of these nomina- ering the nomination of Timothy come before him, and raises questions tions. The Constitution does not con- Tymkovich to the U.S. Court of Ap- about his judgment and temperament. template a Senate that acts as a rubber peals for the Tenth Circuit. At his hearing and in answers to stamp. A genuine advice and consent Timothy Tymkovich, a graduate of written questions, Mr. Tymkovich did role is essential. If the administration Colorado College and the University of

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.015 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4613 Colorado School of Law, has worked as ners. He enjoys the unqualified en- of discrimination’’ on the basis of sex- a partner in private practice since 1996 dorsements of Colorado Senators CAMP- ual orientation. with the firm of Hale Hackstaff BELL and ALLARD; a number of former Never did Mr. Tymkovich in his brief Tymkovich, representing clients in Colorado Supreme Court justices, in- or his law review article argue that ho- matters involving State licensing and cluding Justices Erickson, Dubofsky, mosexuals should not enjoy the Four- regulatory issues. He has also acquired Neighbors, Rovira, Quinn, and Scott; teenth Amendment protections avail- some expertise in State and Federal Colorado Governor Bill Owens; the Col- able to all. election issues, and he has represented orado Attorney General, Ken Salazar; In the Colorado brief before the U.S. a variety of political parties and can- and Colorado’s major newspapers, the Supreme Court, Mr. Tymkovich spe- didates. Since 1997 he has represented Denver Post and the Rocky Mountain cifically pointed out, sponsors of the Great Outdoors Colorado, a highly suc- News. Significantly Mr. Tymkovich is Amendment intended to prevent a new cessful State program which devotes also supported by former three-term preferred status designation. To quote lottery monies to fund wildlife and Colorado Governor Roy Romer, who the brief: ‘‘Individuals would retain land conservation efforts and State has served as the national vice chair of precisely the same rights under State recreation programs. the Democratic Leadership Council, and Federal law that they had prior to Mr. Tymkovich has been a great pub- national co-chairman of the Clinton- the enactment of the special protec- lic servant for the State of Colorado, Gore ‘96 campaign, co-chairman of the tions’’ disallowed by Amendment 2, and serving from 1991 to 1996 as the State Democratic National Platform Com- Through Amendment 2, Colorado has Solicitor General, where he acted as mittee in 1992, and chair of the Demo- simply defined the package of civil the chief appellate lawyer for the citi- cratic Governors’ Association in 1991. rights available to homosexuals and zens of Colorado. In that capacity he I firmly believe Mr. Tymkovich will bisexuals under the Colorado Constitu- ably represented the State in State and make a great member of the Tenth Cir- tion as no larger than that provided by Federal courts, including the Colorado cuit. I urge all of my colleagues to vote the Constitution and laws of the Supreme Court, the Tenth Circuit to confirm this highly qualified nomi- United States.’’ Court of Appeals, and the U.S. Supreme nee. It is important to note that Mr. Court. He provided legal assistance to Unfortunately there seems to be con- Tymkovich’s testimony before Con- the Colorado General Assembly and fusion about Mr. Tymkovich’s record gress in 1996 represented the views of acted as a liaison to Colorado’s con- on several fronts. the Colorado Attorney General. He was gressional delegation. He acted as the First, some have confused Mr. not there to provide his own views; he Attorney General’s delegate to Colo- Tymkovich’s advocacy with his per- was there as an official representative rado’s judicial selection process. He sonal views. As an advocate for Colo- of the State. In fact, Mr. Tymkovich also worked to reform State criminal, rado, Mr. Tymkovich had a duty to de- noted during his February 12 hearing consumer protection and antitrust fend the laws of Colorado, including that he agreed with some of the testi- laws. Amendment 2. It is entirely unfair and mony, while he disagreed with other When he left the office of Solicitor erroneous to state that Mr. Tymkovich parts. General, the Denver Post editorialized, has provided his personal views or Thank you, Mr. President. I yield the ‘‘In an age in which lawyers and gov- opinions on these issues. He has not. floor. ernment workers are often held in low Second, it has been said that Mr. Mr. President, I suggest the absence esteem, Tymkovich, a member of both Tymkovich compared Amendment 2 to of a quorum. groups, has stood in stark contrast to prohibitions on cockfighting and other The PRESIDING OFFICER. The both stereotypes.’’ The Post added, activities. He has not. As he pointed clerk will call the roll. ‘‘Tymkovich has set a high standard of out to Senator LEAHY on February 26, The senior assistant bill clerk pro- service.’’ he was quoting a Supreme Court opin- ceeded to call the roll. Mr. Tymkovich is well respected by ion for the simple proposition that Mr. ALLARD. Mr. President, I ask his peers for his professionalism and there is Supreme Court precedent for a unanimous consent that the order for commitment to the field of law. He is a moral component as a rational motiva- the quorum call be rescinded. member of the prestigious American tion for an electorate. This wasn’t Mr. The PRESIDING OFFICER. Without Law Institute, which selects members Tymkovich’s personal opinion, it was objection, it is so ordered. on the basis of professional achieve- what the Supreme Court has said on Mr. ALLARD. Mr. President, it is my ment and demonstrated interest in the this issue. Mr. Tymkovich made this understanding that we have less than a improvement of the law; the Inter- point clear a month ago. minute remaining. national Society of Barristers, an I raise these points because some The PRESIDING OFFICER. The Sen- honor society made up of 650 trial at- seem to be attempting to reshape Mr. ator is correct. torneys in the United States and else- Tymkovich’s record on the floor into a Mr. ALLARD. Mr. President, I want where; the American Bar Foundation, form I do not recognize. This man has to make a brief comment before we which is the research arm of the Amer- a distinguished legal career. He is sup- vote to remind the Members of the ican Bar Association; and the Colorado ported by Democrats and Republicans Senate that they have heard evidence Bar Foundation. He currently serves as alike. He has served as a successful liti- today that indicates Tim Tymkovich is Chair of the Colorado State Board of gator and he was an excellent Solicitor fairminded, he respects the rule of law, Ethics, which acts to advise the Colo- General for Colorado. Those who know and he has exhibited intelligence and rado governor and executive branch on him support him and know he will be a the proper temperament to serve on ethics issues. terrific judge. the Tenth Circuit Court of Appeals. From 1999 to 2001 he served as counsel ‘‘SPECIAL’’ RIGHTS I ask that my colleagues join me in to the Columbine Review Commission, I would like to respond to the allega- voting to confirm Tim Tymkovich as a which was responsible for reviewing all tion that Mr. Tymkovich views protec- Federal judge on the Tenth Circuit aspects of the 1999 shootings at Col- tion for gays and lesbians as providing Court of Appeals. In my view, when umbine High and making recommenda- ‘‘special treatment’’ for them. confirmed, he will be not just a good tions to the Governor regrading ways First of all, Mr. Tymkovich’s use of judge, he will be a great judge. to respond to, and even prevent, future the term ‘’special treatment’’ mirrored I yield back the remainder of my assaults of the same type. From 1998 to the terminology used by participants time. 2000 he served as Chair to the Colorado in the political debate over Amend- The PRESIDING OFFICER. All time Governor’s Task Force on Civil Justice ment 2’s passage. having expired, the question is, Will Reform, which issued findings on the Second, as part of his job as Solicitor the Senate advise and consent to the status of civil justice in Colorado and General, Mr. Tymkovich had to defend nomination of Timothy M. Tymkovich, offered recommendations for improve- the provisions of Amendment 2, which of Colorado, to be United States Cir- ments. was intended to disallow laws recog- cuit Judge for the Tenth District? Mr. Tymkovich’s nomination has nizing ‘‘minority states,’’ ‘‘quota pref- Mr. ALLARD. Mr. President, I ask drawn powerful support from all cor- erence,’’ ‘‘protected status,’’ or ‘‘claim for the yeas and nays.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.022 S01PT1 S4614 CONGRESSIONAL RECORD — SENATE April 1, 2003 The PRESIDING OFFICER. Is there a minded of their youth, sitting in front their events, this provision could have sufficient second? of a dimly lit television, watching a made for a lot of needless redtape. To There is a sufficient second. rocket take flight as we began the avoid it, many of those participating in The clerk will call the roll. study of space flight and space travel. this hobby carried their rocket bodies Mr. REID. I announce that the Sen- We were much younger then and all to the events and purchased the rocket ator from Connecticut (Mr. LIEBERMAN) around me kids from all over the State motors from vendors at the local is necessarily absent. and all around the country were ex- launch. With a little ingenuity and co- The PRESIDING OFFICER (Mrs. cited and fascinated by the new age of operation from local vendors, most DOLE). Are there any other Senators in rocketry and, later, space travel. rocketeers legally avoided the need to the Chamber desiring to vote? When Russia launched its Sputnik, it purchase and obtain permits. The result was announced—yeas 58, created a sensation, and their success, Now the provisions of the Homeland nays 41, as follows: spurred on by the climate of the cold Security Act have created a new prob- [Rollcall Vote No. 113 Ex.] war, challenged us in the United States lem. Under the new law, a permit will to reach for the skies. YEAS—58 be required for all rocket motors con- Wyoming isn’t called the Pioneer taining more than 62.5 grams of APCP, Alexander DeWine Miller State for nothing, and so my class- Allard Dole Murkowski whether or not the motor is used in or Allen Domenici Nelson (NE) mates and I were determined we would out of State. And that begins on May 24 Bayh Ensign Nickles do everything we could to learn about of this year—a problem rapidly ap- Bennett Enzi Pryor this new branch of science and involve proaching. The new law creates a prob- Bond Fitzgerald Roberts ourselves in the race for space. It was Breaux Frist lem where there was none before and Santorum not too long after that President John Brownback Graham (SC) Sessions imposes a solution that will only cre- Bunning Grassley Shelby F. Kennedy issued a challenge to the ate unnecessary hardship for those who Burns Gregg Smith Nation to land a man on the Moon and Campbell Hagel are studying about rockets or pursuing Chafee Hatch Snowe return him safely to Earth. a hobby as a model rocket enthusiast. Chambliss Hutchison Specter What seemed to be against all the According to the U.S. Product Safety Stevens Cochran Inhofe odds soon became reality when Neil Commission, a rocket motor with less Coleman Kyl Sununu Armstrong walked on the Moon, taking Collins Lincoln Talent than 62.5 grams of APCP can be used by Conrad Lott Thomas a small step for man and a giant leap minors without adult supervision. That Cornyn Lugar Voinovich for mankind. is the U.S. Product Safety Commission: Craig McCain Warner Even today, those of us who saw 62.5 grams or less can be used by mi- Crapo McConnell those events firsthand on the television nors without adult supervision. It will never forget what a miracle it was. NAYS—41 could not be very bad. Now a rocket It fired our imaginations as it taught Akaka Durbin Lautenberg with any more than that requires adult Baucus Edwards the Nation a powerful lesson: If we can Leahy supervision and a permit. Such an arbi- Biden Feingold Levin make this impossible dream come true trary limit makes no sense when it Bingaman Feinstein Mikulski for the Nation, of what more are we ca- Boxer Graham (FL) Murray means a 62-gram rocket can be used by pable if we dare to try? Perhaps that Byrd Harkin Nelson (FL) your children out playing in a field Cantwell Hollings lesson is what made our Nation what it Reed with their friends, while another gram Carper Inouye Reid is today and why we have continued to Clinton Jeffords Rockefeller of fuel puts it in a category that re- Corzine Johnson defy the odds of what is possible for us Sarbanes quires adult supervision, Federal inter- Daschle Kennedy as a nation, and even for each of us as Schumer Dayton Kerry individuals. vention, attention, inspection, and ex- Dodd Kohl Stabenow pensive, cumbersome permits. Wyden Then came September 11 and we, as a Dorgan Landrieu nation, faced another challenge. The The permit that is required costs NOT VOTING—1 call for increased security that re- $100, and it requires the submission of fingerprints, a photograph, and a back- Lieberman sulted from those cowardly and cruel attacks has had some unforeseen con- ground check. Although the homeland The nomination was confirmed. security bill tried to introduce a lim- The PRESIDING OFFICER. The sequences, however. One of them was brought to my at- ited permit that could be obtained for President will be immediately notified tention when a constituent called to $25 and a background check, the newly of this action. share his concern regarding the future designed permit is restricted to intra- Mr. ALLARD. Mr. President, I move of his favorite hobby, model rocketry. state use and purchase only and would to reconsider the vote. He said some of the restrictions of the not have any use for rocketeers who Mr. SANTORUM. I move to lay that Homeland Security Act could make it travel to events in other States. motion on the table. more difficult, if not impossible, for My concern about the impact of The motion to lay on the table was him and his fellow enthusiasts to pur- these regulations, and the process nec- agreed to. chase fuel for their model rockets. essary to obtain permits, and the bu- f As I looked into his problem, I was reaucracy that would be necessary to do that, and to fulfill the requirements LEGISLATIVE SESSION surprised to see that the use of ammo- nium perchlorate composite propel- for background checks is that it will The PRESIDING OFFICER. The Sen- lant, better known as APCP, had certainly slow the participation of our ate will return to legislative session. caught the eye of the Bureau of Alco- young adults in studying rockets and The PRESIDING OFFICER. The Sen- hol, Tobacco, and Firearms. Although pursuing their dreams of space travel. ator from Wyoming. it had been regulated in the past by its As I learned from my own experi- Mr. ENZI. I ask unanimous consent placement on the explosives list, the ence—and I was one of those rocket to speak as in morning business for 12 ATF had considered consumer rocket people back at the time of Sputnik— minutes. motors as propellant-activated devices the study of rockets had a ripple effect The PRESIDING OFFICER. Without and exempt from any ATF permit re- throughout my own education. It objection, it is so ordered. quirements. taught me a lot about math, when we f Then, in 1997, the ATF decided to reg- had to calculate the amount of fuel we ulate rocket motors that contained needed and the rate at which the rock- CONSUMER ROCKET MOTOR more than 62.5 grams of APCP. Those et would travel at speed-calculating PROPELLANTS that contained less than that amount heights, figuring trajectories, figuring Mr. ENZI. Madam President, I come were still exempt, but those that con- the amount of Gs that would be on a to you today on behalf of students and tained more would not be available for passenger. It taught us about the study 4–H members and Scouts around the interstate purchase and transport of weather, as we would examine re- world. Start counting backwards from without a permit. ports about our own launch date and 10 to zero: 10, 9, 8, 7—and depending on Since many rocket enthusiasts travel temperature and cloud cover that the context, people will instantly be re- from State to State to participate in would affect our ability to observe the

VerDate Dec 13 2002 05:08 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.044 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4615 launch, and weather balloons for meas- ments for the components of rocket A lot of work goes into the rocket uring the winds aloft, to better tell motors. This exemption is similar to body. Nobody wants to blow theirs where it would go, and to make the cal- the exemption in the same section en- apart. So they are a safe form of fuel. culations about how high we were able joyed by antique firearms users for Simply put, my legislation is de- to fly on any particular day. black powder, as black powder also signed to allow another generation to We invented much. When I started makes the explosives list. The limit experience the thrills and excitement doing rockets, there were not the there is 50 pounds; quite a bit different of model rocketry. It is being intro- model rockets available at the hobby than 62.5 grams. duced to correct a change in the law shops. We had to have the motors The current language has been tight- that Congress never intended. When we turned out at the local shop, after we ened up from the original draft to en- voted to take action to prevent the ac- designed them for the proper charac- sure that the exemption is only pro- tions of terrorists, we never intended teristics. It led to a lot of invention. vided for valid uses. The language to prevent our children from pursuing It also expanded our horizons, as our specifies that the exemption only ap- projects in science class, hobbyists experiences with rockets translated to plies to nondetonable rocket propel- from pursuing their hobbies, and our our own lives. My friends and I often lant—a very important word. There are families from engaging in father-son or thought, if we could master the skies some high-energy APCP composites mother-daughter or any mixture of and heavens with our rockets, what that have additional chemicals in their projects that promote learning and the more would we be able to do in our composition that make them detonate pursuit of the frontiers of space. If you daily lives? It is an answer we are still instead of burning at a moderate rate. have never been to a rocketry event or These are not used in amateur or sport developing as we each pursue paths in seen a rocket launch in person, I urge rocketry and are not exempt under my life—some very far away from rockets. you to do so if the opportunity ever language. As we grow older, we all want to presents itself. If you have gone to one make sure our children and our grand- The APCP my bill refers to, which is found in model rockets, burns but does of those events, you will remember how children have it better than we did. it left you looking towards the heav- This is one area in which they will not not explode. In addition, the language in my bill does not exempt rockets ens, mindful of your dreams, and feel- have it better than we did—in fact, ing encouraged to pursue them. may not have it at all—if we fail to that carry various components of That is not a bad gift to give our act. If we fail to come up with a rea- weaponry. children and theirs. It is extensive sonable compromise on this issue, we On the transportation issue, it ap- throughout the world, I can tell, from will have failed to fuel the dreams of pears that some companies are only the calls I have gotten about this since the next generation in a vital field of shipping those articles that are specifi- I got involved in it. science by our shortsighted efforts to cally mentioned as exempt from explo- regulate the fuel of the rockets. sives requirements under section 845. I urge my colleagues to join me in Our children will not be the only My bill provides the exemption for this effort which will have a great im- ones affected by this provision, how- rocket motor components under this pact on our lives in the years to come. ever. The impact of this regulation will section, giving shippers a clear exemp- I yield the floor. also be felt by the trucking industry tion to resume shipping rocket motors. The PRESIDING OFFICER. The Sen- I have been joined by Senators BEN- which was recently told that it would ator from Arizona. NETT, INHOFE, COLEMAN, CRAPO, BURNS, be liable for the prevention of the pos- ALLARD, and SANTORUM in introducing session of explosives by prohibited per- this bill. f sons who are their employees. As some Some of my other colleagues have ex- shippers do not currently do extensive pressed concern that this legislation TROOPS PHONE HOME FREE ACT background checks on their employees, goes too far. They have questioned me OF 2003 they have decided to stop shipping the about the possibility of individuals Mr. MCCAIN. Madam President, I ask motors, including these rocket motors, stockpiling APCP to build a bomb. at all. First, I would contend that the ATF unanimous consent that the Senate Although some companies will con- does not appear concerned about this proceed to the consideration of S. 718, tinue to ship rocket motors, they will possibility. Under their proposed 62.5- the Troops Phone Home Free Act of charge very high hazardous material gram exemption, an individual would 2003; that the only amendment in order fees that would hit the consumers in be able to buy as many rocket motors be a McCain substitute amendment; the pocketbook. Small businesses will as they wanted that were under 62.5 further, that there be 1 hour of debate be hit hard by the fees which will have grams. equally divided between Senator to be paid by the consumer, and even A rocket motor is fairly simple. I ask MCCAIN and the Democratic leader or larger and more successful businesses unanimous consent to show a three-di- his designee; that at the expiration or will be unable to avoid the one-two mensional object on the floor. yielding back of time, the amendment punch of the permit process and the The PRESIDING OFFICER. Without be adopted, the bill, as amended, be higher transportation and delivery objection, it is so ordered. read a third time and passed, without fees. Mr. ENZI. I have one of those 62.5 intervening action or debate. Even small businesses in other coun- gram rocket motors here. This is what The PRESIDING OFFICER. Without tries will feel the pinch. I was surprised is allowed to be bought in as much objection, it is so ordered. to receive a call from the president of quantity as you want. But a quarter of The clerk will report. the United Kingdom’s largest model an inch bigger than this and you can’t The assistant legislative clerk read rocket group. He thanked me for my have it without $100 and a special per- as follows: interest in the issue because the U.S. mit. It is very simple, the fuel with the ships most of the model rockets used in hole through the center. When you buy A bill (S. 718) to provide a monthly allot- the United Kingdom. The supply of them, the APCP comes in this chunk ment for free telephone calling time to mem- bers of the United States armed forces sta- model rocket motors in other countries that is removable from the rest of the tioned outside the United States who are di- is limited, and their hobby is intri- rocket motor parts. rectly supporting military operations in Iraq cately linked with ours. If the ATF considers APCP a dan- and Afghanistan. To remedy these problems, I intro- gerous explosive, then their 62.5 gram AMENDMENT NO. 434 duced S. 724 last week. My bill provides exemption itself is dangerous. The ATF an exemption for permit requirements is basically saying it is OK to buy as Mr. MCCAIN. I ask unanimous con- for the purchase and transport of rock- many sticks of dynamite as you want, sent that the McCain substitute be et motors, including those with more but we won’t let you have a whole box. adopted at this time for consideration. than 62.5 grams of APCP. I reiterate that rocket motors compare The PRESIDING OFFICER. Without In section 845 of the Federal explo- more to flares than to dynamite. Hun- objection, it is so ordered. sives law, my bill provides an exemp- dreds of hours are spent constructing The amendment (No. 434) was agreed tion from explosives permit require- these rockets. to, as follows:

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.047 S01PT1 S4616 CONGRESSIONAL RECORD — SENATE April 1, 2003 (Purpose: To make minor changes in the with the availability of resources. Consistent [This bill] is a terrific idea and I would like plan to provide a monthly allotment of with the timely provision of telecommuni- to support it. . . .We would be willing to pro- free telephone calling time to members of cations benefits under this Act, the Sec- vide satellite services free to support your the United States armed forces stationed retary should carry out this section and sec- initiative. outside the United States who are directly tion 4 in a manner that allows for competi- The only intended beneficiaries of supporting military operations in Iraq or tion in the provision of such benefits. this bill are the troops serving this Afghanistan) SEC. 6. NO COMPROMISE OF MILITARY MISSION. country. It is not intended to benefit The Secretary of Defense shall not take Strike out all after the enacting clause and any particular provider. Thus the bill insert the following: any action under this Act that would com- promise the military objectives or mission of urges the Secretary to implement the SECTION 1. SHORT TITLE. bill in a manner that is consistent with This Act may be cited as the ‘‘Troops the Department of Defense. Phone Home Free Act of 2003’’. Mr. MCCAIN. Just to be clear, at the the timely provision of the benefits but also in a manner that allows for com- SEC. 2. PURPOSE. expiration or yielding back of time, the It is the purpose of this Act to support the amendment is adopted, and the bill, as petition in the provision of such bene- morale of the brave men and women of the amended, will be read a third time and fits. United States armed services stationed out- passed, without intervening action or All of us are aware of the importance side the United States who are directly sup- debate? of communicating with one’s family porting military operations in Iraq or Af- The PRESIDING OFFICER. That is and friends, particularly when you are ghanistan (as determined by the Secretary of correct. in a time of crisis and combat. This is Defense) by giving them the ability to place Mr. MCCAIN. I thank the Chair. a modest attempt to try and help these calls to their loved ones without expense to This legislation, introduced on behalf men and women who are serving. Some them. of Senators ALLEN, CHAMBLISS, of them have already been there for a SEC. 3. FINDINGS. LINDSEY GRAHAM, CRAIG, MILLER, and very long time. The USS Abraham Lin- The Congress finds the following: (1) The armed services of the United States others, would improve the ability of coln has been at sea in the area for are the finest in the world. American service personnel fighting more than 300 days. Communications (2) The members of the armed services are overseas to communicate with their with their loved ones at home is obvi- bravely placing their lives in danger to pro- loved ones at home. It provides a ously a very important aspect of pre- tect the security of the people of the United monthly allotment of free telephone serving family and also communicating States and to advance the cause of freedom calling time to members of the Armed with friends as well. Modern tech- in Iraq. Forces outside of the United States nology enables our service personnel to (3) Their families and loved ones are mak- who are directly supporting or involved communicate with their loved ones by ing sacrifices at home in support of the members of the armed services abroad. in military operations in Iraq or Af- phone, and these real-time discussions (4) Telephone contact with family and ghanistan for such period of time as can provide significant emotional and friends provides significant emotional and the conflict continues in both areas. psychological support to both the sol- psychological support to them and helps to I have discussed this issue with the dier and the family. sustain and improve morale. Department of Defense and at this time Unfortunately, for some the cost of SEC. 4. DEPARTMENT OF DEFENSE TELE- they have not gotten back to me. I placing these calls can be prohibitively COMMUNICATIONS BENEFIT. spoke to the Deputy Secretary of De- expensive. On March 18, 2003, USA (a) IN GENERAL.—As soon as possible after fense. She supports the idea. There Today reported on the high cost of the date of enactment of this Act, the Sec- may be some changes proposed by the telephone calls from bases in Kuwait: retary of Defense shall provide, wherever Department of Defense, but I am con- practicable, prepaid phone cards, or an It cost one soldier $35 to make two quick equivalent telecommunications benefit fident of their support. phone calls home to his wife. which includes access to telephone service, This legislation would direct the Sec- Likewise, my office was recently told to members of the armed forces stationed retary of Defense to provide these the story of a Marine corporal who outside the United States who are directly troops with the financial ability to call didn’t have enough money to call his supporting military operations in Iraq or Af- home by providing a prepaid calling son in the States on his birthday. ghanistan (as determined by the Secretary) card or equivalent telecommunications Last Friday, I asked the country’s to enable them to make telephone calls to benefit up to $40 every month. The bill telephone companies to commit to en- family and friends in the United States with- would also direct the Secretary to out cost to the member. sure that families of service personnel work with telecommunications pro- (b) MONTHLY AMOUNT.—The value of the don’t have their telephone lines discon- benefit provided by subsection (a) shall not viders to facilitate the deployment of nected due to a short-term inability to exceed $40 per month per person. additional telephones for use by our pay the costs incurred for calls from (c) END OF PROGRAM.—The program estab- troops. Our military mission must re- troops overseas. I also asked for a com- lished by subsection (a) shall terminate on main a priority of the Department of mitment to implement special reduced the date that is 60 days after the date on Defense. Therefore, the bill makes rates where feasible for telephone calls which the Secretary determines that Oper- clear that the Secretary shall not take with members of the Armed Forces ation Iraqi Freedom has ended. any action to implement the bill that (d) FUNDING. overseas. would compromise our overall military (1) USE OF EXISTING RESOURCES.—In car- Madam President, the response has rying out this section, the Secretary shall objectives. Moreover, the bill gives the been overwhelming. From the smallest maximize the use of existing Department of Secretary complete discretion on how companies serving a few hundred cus- Defense telecommunications programs and best to implement it. If it is simply im- tomers to the largest of companies, capabilities, private support organizations, practical to provide the benefit to cer- around 60 companies have agreed to private entities offering free or reduced-cost tain soldiers, then the Secretary may make these commitments. I wish to services, and programs to enhance morale refrain, obviously, from providing it. If quote from a few of these letters and I and welfare. the cost of providing the service to one (2) USE OF APPROPRIATED FUNDS.—In addi- will have many printed in the RECORD tion to resources described in paragraph (1) branch of the military or the other is at the appropriate time. Some of them and notwithstanding any limitation on the more costly, then the Secretary can de- are extremely touching, believe it or expenditure or obligation of appropriated termine the most equitable method of not. amounts, the Secretary may use available distributing the benefit. One that especially got my attention funds appropriated to or for the use of the The bill also directs the Secretary to was from the Andrew Telephone Com- Department of Defense that are not other- maximize the use of all resources to pany in Andrew, IA. They will not dis- wise obligated or expended to carry out this fulfill the goals of the act and, thus, he connect service from servicemen’s fam- section. may use existing programs, private SEC. 5. DEPLOYMENT OF ADDITIONAL TELE- ilies for the duration of the war. They support programs, or offers from pri- write: PHONE EQUIPMENT. vate entities to make telephone service The Secretary of Defense shall work with We don’t offer long distance, but we will telecommunications providers to facilitate available to our troops. For example, I assist subscribers to find the best rates pos- the deployment of additional telephones for received a generous offer today from sible. Andrew is a community of 450 and we use in calling the United States under this Joseph Wright, CEO of PanAmSat Cor- have 19 young men and women serving at Act as quickly as practicable, consistent poration. In his letter he said: this time. Yours, Mil Cornelius, President.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.035 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4617 Remarkable. Andrew, IA, a commu- sample of responses I received from rangements designed to meet the needs of nity of 450 and they have 19 young men telephone companies, large and small, the military members and their families. and women serving at this time. That throughout the country, and a list of MCI is also examining the possibility of special discounts to make it easier for our is a very wonderful commitment. all of the companies that have re- service personnel to communicate with their We have commitments from small sponded to my request. loved ones. companies from Andrew Telephone There being no objection, the mate- MCI is proud to support our troops. Company to Quest, Southern Bell, SBC, rial was ordered to be printed in the Sincerely, Verizon, AT&T, MCI, Sprint. All the RECORD, as follows: WAYNE B. HUYARD. major corporations in America have From: Mil Cornelius [[email protected]] AT&T, also made these commitments. I am Sent: Monday, March 24, 2003 7:06 p.m. Morristown, NJ, March 24, 2003. To: Bailey, Bill (Commerce) extremely grateful to them. More im- Hon. JOHN MCCAIN, portantly, I am sure the service men Subject: McCain Request U.S. Senate, Russell Senate Office Building, and women and their families all over Andrew Telephone Company, Andrew, IA Washington, DC. will not disconnect service from Service- America are grateful as well. DEAR SENATOR MCCAIN: Like all Ameri- men’s families for the duration of the war. cans, AT&T strongly supports the efforts our Just a couple more: William P. We do not offer long distance, but will assist Heaston, vice president of PrairieWave Armed Services personnel undertake on our subscribers to find the best rates possible. nation’s behalf in times of peace and in Communications in Sioux Falls, SD, Andrew is a community of 450, and we have times of war. That support has evolved into wrote: 19 young men and women serving at this a long tradition at AT&T of close coopera- I am a retired Army officer, who served in time. tion with the United States government to Vietnam and other remote areas. I can as- Yours, provide the men and women who serve in our sure you that PrairieWave fully appreciates MILT CORNELIUS, military the best telecommunications serv- the benefit to morale and military service President. ices in the world. As I write this letter, that the ability to communicate with loved AT&T is providing service to sailors, ma- ones brings. From: Ronald Laudner Jr. rines, soldiers, and airmen on virtually every William E. Morrow, CEO of Grande [[email protected]] major U.S. military base worldwide and on Sent: Monday, March 24, 2003 11:48 a.m. every Navy ship at sea. Communications in San Marcos, TX, To: Bailey, Bill (Commerce) That tradition continues as AT&T now writes: Subject: Senator McCain’s Request steps up to the challenge of providing com- We are proud of our troops and know their MR. BAILEY: Omni Tel Communications munications services to our nation’s troops families are in need of our support during will do our best to determine who each of the deployed in the conflict with Iraq. As part of these difficult times. This is the least we can families are that have given of themselves to that effort, earlier this week AT&T an- do in light of their great sacrifice for our defend our country. If we can garner the in- nounced that it would donate 160,000 prepaid country. formation on which families are affected, phone cards worth $3 million to the USO for and I might add that with the number of use by U.S. troops fighting the war with All of them make statements along Iraq. This continues AT&T’s tradition of do- those lines. communities we serve and the geographical proximity to several different companies of nating service dating back to Operation OmniTel Communications: the armed forces this will be a large task, we Desert Storm as well as the Balkan conflict. Today, from United States military bases We will also be providing cash credits as a will concur with the request made by Sen- in Kuwait, service men and women can call donation on the billing, which have yet to be ator McCain. home in a number of convenient and cost-ef- determined, of these families later this year We also will be providing cash credits as a fective ways, including through the use of to help defray other costs they may have in- donation on the billing, which have yet to be prepaid cards, standard calling cards, com- curred. determined, of these families later this year mercial credit cards, and collect calling. OmniTel Communications supports our to help defray other costs they may have in- Armed Forces in its critical action and wish Special military prepaid card rates, for in- curred. stance, allow military personnel to call the the very best to all Americans who have to Omni Tel Communications supports our make very serious decisions for the future of United States for 22 cents to 30 cents per armed forces in this critical action and wish minute with no surcharge per call. In addi- our great country. the very best to all Americans who have to tion, our special Global Military Saver Plus Ronald Laudner, CEO, OmniTel Commu- make very serious decisions for the future of nications, Nora Springs, IA. card, which has been heavily promoted to our great country. military personnel, is available at $0.50 per I appreciate the overwhelming re- Sincerely, minute with no per-call surcharge and a sponse from the major corporations RONALD LAUDNER, monthly fee of only $1 for each month in and the smallest telephone companies CEO, Omni Tel Communications, which it is used. On a promotional basis, Nora Springs, IA. in America. Obviously, as I said, the AT&T has also lowered the cost of calling from military bases in Kuwait to the United men and women who are serving in From: Abbott Jr., Herschel L. harm’s way as we speak will also be States using standard calling cards, commer- Sent: Monday, March 24, 2003 6:10 p.m. cial credit cards, and collect calling to 50 grateful. To: Bailey, Bill (Commerce) cents per minute with a maximum per call I also want to state the obvious to BellSouth is continuing to study the feasi- surcharge of $1.50 and, in some cases, no sur- the men and women serving in the bility of implementing customer specific charge at all. Ship-to-shore calling is also most dire and dangerous situations and pricing plans to provide discounts for fami- available aboard Navy ships at rates of be- cannot make a phone call now. They lies to communicate with members of the tween $1 and $3 per minute, reflecting unique military serving overseas. We will provide an will be rotated out and they will be in cost and capacity issues. update on the status of these efforts as soon The retail rates for the military prepaid places where they will be able to do so, as possible. and those are the ones who I am sure cards and ship-to-shore service are set by the I hope this responds to Senator McCain’s Army Air Force Exchange Service (AAFES) their families will want to hear from inquiry. and Navy Exchange Command (NEXCOM) urgently. Kindest regards, based on rates set by AT&T in contracts I thank my colleagues for this bill. It HERSCHEL L. ABBOTT, Jr. with both AAFES and NEXCOM. Absent will go to the other body. We will have, some unforeseen and extraordinary request I think, a brief period of time for the MCI, from AAFES or NEXCOM that would materi- Department of Defense to make what- Ashburn, VA, March 25, 2003. ally increase our infrastructure costs, AT&T Hon. JOHN MCCAIN, ever input they would like to have in will not increase the underlying contractual Chairman, Committee on Commerce, Science and rates for these services to AAFES and this legislation. I hope we can pass it Transportation, Russell Senate Office NEXCOM for the remainder of the year and as quickly as possible and send it to Building, Washington DC. through 2004. This commitment applies for the President. I thank my friend, Sen- DEAR CHAIRMAN MCCAIN: MCI shares your calling from American military bases in the ator ALLEN, and I thank especially desire to support our military personnel and region, including Afghanistan and Pakistan, Senator CHAMBLISS, who is chairman of their families during these difficult times. and from Navy ships engaged in this action. our Personnel Subcommittee, who has We also understand how important commu- Additionally, for the duration of large scale been very much involved in this issue nications are to our service men and women armed hostilities in Iraq and for a period of and their families. On March 21, 2003, MCI re- 3 months thereafter, AT&T will not increase as well. instated its military personnel collections its special promotional rates for calling from I reserve the remainder of my time. policy that was last used during the Afghani- military bases in Kuwait using standard call- I ask unanimous consent to have stan deployment. This policy allows MCI to ing cards, commercial credit cards, and col- printed in the RECORD a representative negotiate very liberal deferred payment ar- lect calling.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.051 S01PT1 S4618 CONGRESSIONAL RECORD — SENATE April 1, 2003 AT&T is also working with AAFES to de- NW Iowa Telephone Co. He talked a bit later with his wife termine service requirements going forward OmniTel Communications and he told her that he had decided not as events play out in the region, especially One Eighty to reenlist because he wanted to be Iraq. Of course, we do not provide service to PacWest home more with his two children, U.S. military personnel in Iraq today, and do Pae Tec Mariah, almost 7, and Jack, almost 2. not know the full circumstances under which Peace Valley Telephone Company we may be called to do so. Whatever the cir- Pigeon Telephone Co. His wife Deborah is pregnant with their cumstances, however, we will, working with Qwest third child, a son, to be named William. AAFES, use our best efforts to provide the Prairie Wave Mrs. May, the mother, said her daugh- men and women who serve in our military in Ritter Communications Holdings, Inc. ter-in-law was treated twice in the last Iraq with the lowest reasonable calling rates Rothsay Telephone Co. few days for premature labor. The baby possible. SBC is due in mid-May. AT&T is committed to bringing calling Sprint Brenda May’s last communication services to our troops as quickly as possible Supra Telecom with her son arrived a week ago. It was in Iraq and elsewhere around the world. As Talk America, Inc. a letter dated March 3. the number of U.S. troops has grown in the TDS Metrocom So when you think of this story of Persian Gulf region, AT&T teams have The Rainier Group this brave, courageous hero, who made worked around the clock to meet the com- TXU Communications munications needs of those troops. That USLEC Communications the ultimate sacrifice for our country, work is ahead of schedule, and likely to be VeriSign for our safety, for our freedom, for our expanded under the direction of the U.S. Verizon security, and to liberate the people of military, which determines equipment de- Walnut Telephone Company Iraq, what a gift he has given to this ployment plans. As those deployment plans Wilson Telephone Co. country—his life, his future, to be hold- are finalized, we will do all we can to bring Xspedius Communications. ing his baby boy William, to be with service on line with the reliability and qual- The PRESIDING OFFICER. The Sen- his children as they grow up. That is ity that consumers rightfully have come to ator from Virginia is recognized. the greatest gift he could give to this expect from AT&T. Mr. ALLEN. Madam President, first, country, and I surely hope the people Senator, AT&T is honored to be able to help and support our U.S. troops during the I very much commend Senator MCCAIN of Iraq, when liberated, will also get conflict in Iraq. As President of AT&T Con- for his leadership in introducing this down on their knees and thank God for sumer Services, the unit of AT&T respon- very important, thoughtful, and con- people of this man’s courage. sible for providing personal communications siderate measure, S. 718. I am proud to When you listen to the story of him services to military service personnel around be a cosponsor of it with him, Senator last talking on the telephone to his the world, I can assure you that, in keeping CHAMBLISS, and others. mother and wife in January, the last with its finest traditions, AT&T remains The purpose of this bill is to support communication in a letter dated March dedicated to connecting our troops with the the morale of the brave men and 3, the reality is that was his last com- people they love back home. women of the U.S. armed services who munication. Best regards, are stationed outside the United I know that you, Madam President, JOHN POLUMBO, President and CEO. States, directly supporting military and all Americans can readily under- operations in Afghanistan or Iraq, by stand how this measure would have had TELEPHONE COMPANIES THAT RESPONDED TO giving them the ability to call their an impact. If he could get to a tele- MCCAIN LETTER loved ones without an expense to them. phone to actually have his mother, to Alenco Communications, Inc. When you look at the findings, they have his wife, hear his voice and have All West Communications all make very good sense, especially him hear their voices, to tell him that American Discount Telecom that they love him, for them to tell him Andrew Telephone Company telephone contact with family and friends how proud they are for what he is AT&T provides significant emotional and psycho- doing. Obviously, they would be asking ATX Communications Inc. logical support to them and helps to sustain him to stay safe. But there would have BellSouth and improve morale. been the ending on that telephone call Bentleyville Communications Corp. As you read the language of the bill, Call America undoubtedly where his mother, his it all makes great sense as a matter of wife, and his children would have said: Cbeyond legislation. To give you an idea how it CC Communications I love you. Choice One might have an impact on real people While this measure looks like $40 a Citizens Telephone Co. and real lives, and also the lives that month and a telephone call, in some Coastal Communications have been lost, I will refer to an article cases that may be the last contact. Cox Communications today in The Washington Post, where a That is why this measure is so impor- Covad young man from Virginia lost his life. tant, and I commend Senator MCCAIN Cox Communications This young man’s name is SGT Donald and all of my colleagues for intro- Cunningham Telephone Company C. May, Jr. His father had fought in Deerfield Farmers Telephone Co. ducing it. I urge my colleagues to pass Vietnam. Young Mr. May joined the it very shortly. DFT Communications Marines as soon as he graduated from EPIK Communications I am also hopeful that later this Eschelon Telecom high school at Meadowbrook High week we can take up S. 721. This is a Farmers Telephone Company School in Chesterfield County, VA. He measure I have introduced with Sen- FairPoint Communications reenlisted and eventually became a ators MCCAIN, CHAMBLISS, GRAHAM OF Focal Communications tank commander. His father received South Carolina, WARNER, BURNS, MIL- GCI two Purple Hearts as a tank com- LER, and STEVENS to expand the com- Grande Communications mander in Vietnam. Unfortunately, his bat zone exclusions and to provide tax Green Hill Telephone Companies father died in a boating accident while exclusions to personnel serving in Cuba Hamilton Telecommunication fishing a few years back. and the Horn of Africa in support of Home Telephone Co. At any rate, SGT May moved and InterBel Telephone Operation Enduring Freedom. Iowa Telecom bounced around for several years. He This legislation will help expand the ITC DeltaCom, Inc. went to North Carolina, where he met combat zone tax exclusion to include Jefferson Telephone Co. his wife Deborah, and eventually they the period in transit to qualified com- Jordan-Soldier Telephone Co. went off to California where he was bat zones and to provide full income KMC Telecom stationed. He left in January for the tax exclusion to other personnel. The LecStar Telecom Inc. Middle East, and it was then, in Janu- pay for these personnel would not be, Le-Ru Telephone Company ary, that his mother last talked to him with the passage of this bill, subject to MCI on the phone. As his mother recalled in Monroe Telephone Federal or State taxes for any month New Edge Network, Inc. this article, he said, ‘‘Mom, this is in which they serve in one of these New Edge Networks what I have trained for all my life. areas. The legislation also provides tax Nii Communications This is what I am meant to do. I am breaks for individuals serving in Oper- Nortex Communications Co. ready.’’ ation Enduring Freedom, the global

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.042 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4619 war on terrorism, in Guantanamo Bay, This is an important measure not allow for an added benefit of $50 per Cuba, and the Horn of Africa. If this only for the morale of our brave men month for junior officers, $100 a month measure were to pass, the pay for these and women who are overseas fighting for mid-level officers, and $150 a month personnel would not be subject to Fed- in a war but also to their families and for Guard and Reserve senior officers eral or State taxes for any month in loved ones who are sacrificing dearly who serve as commanders. This pay which they serve in one of these areas. for their country. will apply whether they are full-time As a matter of past precedent, in There is nobody in this great body wing commanders of a Reserve compo- 1995, Congress passed legislation desig- that we serve in who has a greater ap- nent airlift wing or whether they are nating Bosnia-Herzegovina, Croatia, preciation for a soldier to have the serving as a commander in an inactive and Macedonia as comprising qualified ability to pick up the phone and call duty training capacity. The purpose of hazardous duty areas. Military per- his or her family than Senator MCCAIN. this bill is to create further equity be- sonnel serving there on peacekeeping I admire and respect him for his service tween our active and Reserve compo- duties are eligible for the same tax ex- to our country, and I am very pleased nents. The amount of money involved clusion as personnel serving in combat to be in support of his bill to make sure is relatively small, but this measure zones. that every member of our Armed serves as a powerful symbol that we I also point out that officers do not Forces serving in Iraq today, in Endur- value the contribution and sacrifice of receive a full income tax exclusion. ing Freedom in Afghanistan, has the our citizen soldiers stationed around Any income above the level of the opportunity to communicate with their the world serving the United States of highest enlisted rank is subject to Fed- families. America and the cause of freedom. eral and State taxes. This makes abso- We think of our brave men and There is one special story about lutely no sense to me whatsoever, and women and the great job they are which I would like to speak very brief- I know that Senator CHAMBLISS has an- doing—which they are and I am so ly. It is a story on the front page of vir- other measure that will provide parity proud of all of them—but we have to tually every major newspaper in Amer- between officers serving in the Guard also remember they have families back ica this morning. It is a story about and Reserve. home. They have friends and loved ones CPT Chris Carter in the United States The other point of this matter is that here who are making just as big a sac- Army, a young captain from the pay of personnel in transit to a rifice as they are making by serving Watkinsville, GA, of whom I am so ex- combat zone is subject to income taxes our country. I think it is only right tremely proud, a story about Captain until they actually cross into the com- and fair that we give them as many Carter who risked his life on a bridge bat zone area. benefits as we possibly can, and this is over the Euphrates River, which was What we are seeing is some of the simply one more way of saying we ap- under siege, a bridge which they were ships are steaming at full speed when preciate the great work they are doing. seeking to have explosives removed otherwise not necessary in an effort to I also rise in support of S. 721, which from so we could take that bridge to give personnel as much tax-excluded is Senator ALLEN’s bill to extend the make sure our troops ultimately got income as possible. My view is that as combat zone where our men and women safely across the bridge. It is a story of soon as those battleship groups leave are serving. Again, from a Guard and CPT Chris Carter who, during the the ports, whether it is Wilmington, Reserve standpoint, we are calling up midst of a firefight, saw some innocent Norfolk, or San Diego, that is when the these men and women on a much more civilians, Iraqi civilians, crossing that combat zone exclusion ought to apply. regular basis today than ever before, bridge, coming over to the side he and I think this is a commonsense, equi- and it is extremely important that we his troops were on. He saw innocent ci- table matter. I think we should not be show support for all of our men and vilians being caught in that firefight having our families back home worried women serving in combat, active duty, and one man being killed and a woman, about paying taxes when their brave Guard, and Reserve. This provides an Iraqi woman, bleeding and pleading loved one—whether that may be their some equity in the payment to all of for help. Captain Carter got off of his husband, wife, son, daughter, mother those men and women who are serving vehicle, rushed to the bridge, behind or father—is leaving home. They in combat in any part of the world to his vehicle so that he could have some should not be having to worry about which they are called. So I do rise in cover, until he got behind an iron post paying taxes when they are serving, strong support of Senator ALLEN’s bill. on that bridge. After he got behind the whether they are Reserves, Guard, or I also rise to introduce legislation, iron post on that bridge and under active military, in these areas sup- along with my colleagues Senator fierce fire coming from the other side, porting this operation for our security MCCAIN, Senator GRAHAM of South he risked his own life to go to that and also to liberate Iraq. Carolina as well as Senator ALLEN, Iraqi woman and to pull her to safety I urge my colleagues to pass S. 718, that I believe will be a positive step in and secure medication for her and ulti- the Troops Phone Home Free Act of assisting commanders in the Reserve mately have her transported to a med- 2003. It is the proper and compassionate and the National Guard. The men and ical facility where she is being treated. thing to do. It also expresses our grati- women who serve our country in the I am so proud of every one of our men tude and appreciation not just to the Reserve and National Guard make up a and women who are fighting in Oper- troops but the loved ones home who critical component of an All-Volunteer ation Iraqi Freedom today. But it is need to have that reassurance and the Force and have chosen to put their men and women like Chris Carter of pleasure of hearing their loved one’s lives on the line for the freedom of whom I am especially proud. He is not voice. their families and their country, and just a great Georgian, he is a great The PRESIDING OFFICER (Mr. we thank them. We continue to be on American and a great member of the CHAFEE). The Senator from Georgia. our knees in prayer for their continued United States Army. Mr. CHAMBLISS. Mr. President, I safety and for their families as they I had a great conversation with his rise today in support of the Troops serve around the world. The legislation father this morning. His father obvi- Phone Home Free Act introduced by I bring to the floor today represents a ously is extremely proud of him. He is my colleague from Arizona, Senator small step in recognizing the sacrifices one of those young men who will be MCCAIN. This legislation would allow that specifically the commanding offi- able to take advantage of these bene- troops who are on the front lines in Op- cers in the Reserve and the National fits we have been talking about here eration Iraqi Freedom and Enduring Guard are making as we speak. This today, Senator MCCAIN, Senator Freedom to place phone calls to their initiative will provide a well-deserved ALLEN, and myself. He is one of the loved ones without cost to them or benefit to at least 500 reservists and young men who will be able to take their families. It would provide prepaid 1,500 National Guardsmen. Currently, that phone card under Senator phone cards for the soldiers and pro- National Guard and Reserve com- MCCAIN’s bill and call home to his fam- vide more phones in the Middle East manders are not entitled to command ily to tell them exactly what did hap- and in Afghanistan so our troops can responsibility pay, even though they pen and let them have an opportunity have more flexibility to communicate serve in a similar capacity to their ac- to tell him how very proud of him they with their families. tive duty counterparts. This bill will are.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.053 S01PT1 S4620 CONGRESSIONAL RECORD — SENATE April 1, 2003 Again, I commend Senator MCCAIN. I even today to Iraqi prisoners of war is while at the same time providing their appreciate very much the strong sup- testament to the strength of character loved one with the support they need port of Senator ALLEN and Senator that is the core of our military values. to do their jobs. GRAHAM as we introduce these meas- In many cases, we ask our own troops Truly, what these families do is he- ures to try to make life a little more to take additional risks in order to roic. Passage of this legislation will pleasant for our troops as they are sep- avoid injuring or killing innocent civil- send a clear and strong message to arated from their families, and also to ians. That they do this without ques- them that this Congress and this Na- make sure their families have the op- tion or regret speaks well not only of tion is grateful for their sacrifice. portunity to communicate with them, our military but of our Nation. Again, it is my hope we will pass this and have the financial resources to When the Commander in Chief sends legislation by unanimous consent later continue to provide for their families our troops into harm’s way, we hope this evening. In the meantime, my while they are serving in combat areas and pray each and every one of them thoughts are with our troops as they so that they can concentrate on doing will come back home unharmed. While fight in the battles in Iraq, in Afghani- the job they are sent to do and know we know this will not be possible, that stan, in the war against terrorism, and that their families are being well taken knowledge does not lessen our shock I pray they will soon return home in care of, and know they are going to and our sadness when we learn of the victory. have the ability to communicate by loss of lives. Mr. President, I yield the floor and I telephone with their families on a reg- My State of Maine has experienced suggest the absence of a quorum. ular basis. two such losses since the war began. The PRESIDING OFFICER. The I yield the floor. Last Saturday, I attended a memorial clerk will call the roll. The PRESIDING OFFICER. Who mass in Windsor, ME, in honor of the The assistant legislative clerk pro- yields time? life and sacrifice of CPT Jay Aubin. ceeded to call the roll. Mr. MCCAIN. Mr. President, I yield CPT Jay Aubin and CPL Brian Ken- Mr. MCCAIN. Mr. President, I ask such time as she may consume to the nedy, both proud members of the unanimous consent the order for the Senator from Maine. United States Marine Corps, perished quorum call be rescinded. Ms. COLLINS. Mr. President, I com- in a helicopter crash in the Kuwaiti The PRESIDING OFFICER. Without mend the Senator from Arizona for his desert in the very first few days of the objection, it is so ordered. initiative. conflict. I met with the parents of both Mr. MCCAIN. Mr. President, I ask I ask unanimous consent I be added these brave marines, both of whom unanimous consent that all time be as a cosponsor of his legislation, the were present at this memorial mass yielded back and we move to consider- Troops Phone Home Free Act. I think last Saturday. Hundreds of Mainers ation of the legislation, S. 718. The PRESIDING OFFICER. Without it is a wonderful initiative. gathered to pay tribute to the sacrifice objection, all time is yielded back. The PRESIDING OFFICER. Without of these brave marines and their fami- The question is on the engrossment objection, it is so ordered. lies. and third reading of the bill. Ms. COLLINS. I also commend the As I stand on the floor of the Senate, The bill was ordered to be engrossed Senator from Georgia, who heads the I once again want to assure their fami- for a third reading, was read the third Personnel Subcommittee on the Armed lies we honor and recognize their serv- time and passed, as follows: Services Committee, with whom I am ice and their sacrifice. When we send a S. 718 very privileged to serve. He brings young man or woman into harm’s way, great leadership to the effort. I am our Nation has in return a sacred obli- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in proud to be a member of his sub- gation to them and to their families. Congress assembled, committee. We must ensure they go forth with the SECTION 1. SHORT TITLE. DEATH GRATUITY utter and complete confidence, should This Act may be cited as the ‘‘Troops Later tonight I am hopeful the Sen- the worst happen, should they be called Phone Home Free Act of 2003’’. ate will consider legislation, S. 704, upon to make the ultimate sacrifice, SEC. 2. PURPOSE. which I introduced last week with my that their country will care for their It is the purpose of this Act to support the colleagues on the Armed Services Com- families and honor their service. The morale of the brave men and women of the mittee, the chairman, Senator JOHN death gratuity is a small token, but it United States armed services stationed out- side the United States who are directly sup- WARNER, and my colleague, Senator assists the grieving families with their porting military operations in Iraq or Af- JOHN MCCAIN. I recognize the contribu- immediate financial needs. There are a ghanistan (as determined by the Secretary of tions and cosponsorship of Senators variety of other programs that provide Defense) by giving them the ability to place BEN NELSON and GEORGE ALLEN. The for longer term support, but in the ini- calls to their loved ones without expense to legislation we have introduced will tial hours and days after a family has them. send an important message to our endured such a terrible loss, these SEC. 3. FINDINGS. troops who are engaged in combat, funds help to alleviate monetary con- The Congress finds the following: even as we speak, that our Nation is so cerns. This benefit is commonly pro- (1) The armed services of the United States grateful for their service. vided within 72 hours to the family of are the finest in the world. Our bill would raise the amount paid (2) The members of the armed services are the service member who is killed while bravely placing their lives in danger to pro- to the families of military personnel on active duty. tect the security of the people of the United killed while on active duty. It would The last time the death gratuity was States and to advance the cause of freedom increase it from $6,000 to $12,000. This raised was in 1991 during the period of in Iraq. payment, which is known as the death the gulf war when it was doubled from (3) Their families and loved ones are mak- gratuity, would be paid retroactive to $3,000 to $6,000. With more than a dec- ing sacrifices at home in support of the September 11, 2001, so that the troops ade having passed, it is time for Con- members of the armed services abroad. who have been killed in the battle gress to move forward and increase this (4) Telephone contact with family and against terrorism would also be eligi- sum in recognition of those who are friends provides significant emotional and psychological support to them and helps to ble for this doubled benefit. today fighting in Operation Iraqi Free- sustain and improve morale. As are all of my colleagues, I am very dom and in the war against terrorism. SEC. 4. DEPARTMENT OF DEFENSE TELE- saddened by the loss of American life It is the least we can do to honor their COMMUNICATIONS BENEFIT. in Operation Iraqi Freedom. The young sacrifice. I offer this legislation in trib- (a) IN GENERAL.—As soon as possible after men and women of our military rep- ute to the families of those whose loved the date of enactment of this Act, the Sec- resent the very best our Nation has to ones are today engaged in combat in retary of Defense shall provide, wherever offer. They do not join the military for the Persian Gulf. Too often we forget practicable, prepaid phone cards, or an monetary gain nor to have a com- the sacrifices they make so that their equivalent telecommunications benefit which includes access to telephone service, fortable lifestyle. They serve our Na- loved one, their husband, wife, father, to members of the armed forces stationed tion out of a sense of patriotism that mother, brother, or sister, can serve outside the United States who are directly should make each and every American our Nation. They are asked to accept supporting military operations in Iraq or Af- proud. The mercy they are showing long deployments and frequent moves ghanistan (as determined by the Secretary)

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.055 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4621 to enable them to make telephone calls to This word implies a certain degree of These men and women embody every- family and friends in the United States with- objectivity and balance which this man thing that is great about America and out cost to the member. knows absolutely nothing about. freedom. They come from small towns (b) MONTHLY AMOUNT.—The value of the ‘‘Traitor’’ is a better word to describe and big cities. They come from families benefit provided by subsection (a) shall not exceed $40 per month per person. Mr. Arnett. both rich and poor. They come from all This past weekend Mr. Arnett ap- (c) END OF PROGRAM.—The program estab- religions and races. The one thing all lished by subsection (a) shall terminate on peared on state-controlled Iraqi tele- these Americans have in common is the date that is 60 days after the date on vision. With a uniformed Iraqi anchor their love for America and freedom. which the Secretary determines that Oper- translating, Mr. Arnett told the Iraqi They love this Nation and cherish its ation Iraqi Freedom has ended. people that the American war plan had very idea so much that they are willing (d) FUNDING.— failed due to their continued resistance to sacrifice their own lives to ensure (1) USE OF EXISTING RESOURCES.—In car- and that coalition forces were in the that we can live in a country free of rying out this section, the Secretary shall process of drafting new battle plans. To government tyranny like that under maximize the use of existing Department of quote Arnett: Defense telecommunications programs and which those in Iraq have lived. capabilities, private support organizations, Clearly, the American war plans misjudged This war has lasted almost 13 days. private entities offering free or reduced-cost the determination of the Iraqi forces. Thus far we have lost about 50 U.S. sol- services, and programs to enhance morale Saddam Hussein couldn’t have writ- diers and have 17 missing in action. and welfare. ten his script any better. As I stand here today, our coalition (2) USE OF APPROPRIATED FUNDS.—In addi- Clearly, Mr. Arnett has no idea what forces are surrounding Baghdad and tion to resources described in paragraph (1) he is talking about. This is the same will bring about the demise of Saddam and notwithstanding any limitation on the man who reported in 1991 during the Hussein and his regime. We will help expenditure or obligation of appropriated first gulf war that the United States liberate the Iraqi people from deceit amounts, the Secretary may use available had blown up a baby milk factory. funds appropriated to or for the use of the and hopelessness and tyranny. Department of Defense that are not other- Military sources confirmed that this Mr. Arnett, you need to retire or wise obligated or expended to carry out this target was in fact hit. The fact that think about a second career as a fiction section. Mr. Arnett conveniently left out was writer. I understand you are looking SEC. 5. DEPLOYMENT OF ADDITIONAL TELE- that this ‘‘baby milk factory’’ was ac- for work and that the socialist, anti- PHONE EQUIPMENT. tually a biological weapons plant. American Daily Mirror in the United The Secretary of Defense shall work with I will never understand how and why Kingdom has already picked you up. telecommunications providers to facilitate Mr. Arnett always thinks he knows so To those news organizations that the deployment of additional telephones for much more than our military and in- have already picked up Mr. Arnett, and use in calling the United States under this telligence officials. I am pretty sure Act as quickly as practicable, consistent others that may hire him, I have two our military leaders on the ground and things to say: One, you have every with the availability of resources. Consistent civilian leaders in the Pentagon, who with the timely provision of telecommuni- right to hire him. Two, we have every cations benefits under this Act, the Sec- are briefed around the clock, know a right to call your news organization a retary should carry out this section and sec- whole heck of a lot more than Mr. joke and a sympathizer to traitors. tion 4 in a manner that allows for competi- Arnett. I hope Mr. Arnett is not get- I believe it is about time we made an tion in the provision of such benefits. ting his info from the same source who example of Mr. Arnett’s lies and deceit SEC. 6. NO COMPROMISE OF MILITARY MISSION. told him that U.S. forces used the and let the media know we are watch- The Secretary of Defense shall not take nerve agent—sarin gas—against vil- ing. any action under this Act that would com- lagers in Laos during the Vietnam war. While we are giving the media top ac- promise the military objectives or mission of This story, reported in 1998 by Mr. cess and protection in this war, we the Department of Defense. Arnett, could hold no water and CNN must demand that they not hang out to Mr. MCCAIN. Mr. President, I move rightly fired Arnett for his reckless dry our soldiers and Americans. If they to reconsider the vote and I move to words and actions. Now, 6 years after do so, there should be consequences. lay that motion on the table. that bogus claim, Peter Arnett has Some believe freedom of speech is an The motion to lay on the table was once again found himself in search of absolute right and that journalists agreed to. employment. Mr. MCCAIN. Mr. President, I suggest Both National Geographic Explorer have the right to say and report any- the absence of a quorum. and NBC News have fired Arnett for thing they want. I, and many others, The PRESIDING OFFICER. The this latest stunt by Peter Arnett on do not believe this. I do not believe clerk will call the roll. Iraqi-controlled television. I am trying journalists should be allowed to lie and The assistant legislative clerk pro- to figure out why these entities even opine and aid our enemies in the time ceeded to call the roll. hired him in the first place with his pa- of a war. Mr. TALENT. Mr. President, I ask thetic track record of recent years. There is a line journalists are not unanimous consent that the order for We all firmly believe in the first meant to cross, and Mr. Arnett crossed the quorum call be rescinded. amendment which protects the freedom this line many years ago, and he con- tinues to do so. It is time we held this The PRESIDING OFFICER (Mr. AL- of religion, speech, press and assembly. man accountable for his actions. EXANDER). Without objection, it is so However, no U.S. citizen should be al- ordered. lowed to provide aid, and comfort, f through false information, to the f THE SMALL BUSINESS DROUGHT enemy during wartime. RELIEF ACT OF 2003 MORNING BUSINESS Of course the media doesn’t mention the word ‘‘treason’’ like many of us Mr. KERRY. Mr. President, I rise to Mr. TALENT. Mr. President, I ask have over Mr. Arnett’s comments. That thank my colleagues for voting last unanimous consent that the Senate would be an indictment of one of their night in favor of the Small Business proceed to a period for morning busi- own and a pock on their profession. Drought Relief Act of 2003. Time is of ness. Mr. Arnett can apologize all he likes the essence for disaster victims; small The PRESIDING OFFICER. Without for being a ‘‘useful idiot’’ for Saddam businesses across the country have objection, it is so ordered. and his barbaric regime, but that’s not been waiting 8 months for Congress to f enough for me and it’s certainly not take action and force the Small Busi- enough for our soldiers and many ness Administration to comply with PETER ARNETT, TRAITOR Americans. I think Mr. Arnett should the law and open its disaster loan pro- Mr. BUNNING. Mr. President, I rise be met at the border and arrested gram to them. They are frustrated, and today to comment on and express out- should he come back to America. understandably so. rage over the recent actions and words I dare Mr. Arnett to take a good look You see, the SBA doesn’t treat all of journalist Peter Arnett. In fact, I at our soldiers in uniform and tell drought victims the same. The agency hesitate to even use the term ‘‘jour- them they have failed in this mission only helps those small businesses nalist’’ when referring to Mr. Arnett. and objective. whose income is tied to farming and

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.030 S01PT1 S4622 CONGRESSIONAL RECORD — SENATE April 1, 2003 agriculture. However, farmers and Drought Relief Act (S. 2734) on July 16, 2002, STATE OF NORTH CAROLINA, ranchers are not the only small busi- to make SBA disaster loans available to OFFICE OF THE GOVERNOR, ness owners whose livelihoods are at those small businesses debilitated by pro- Raleigh, NC, July 18, 2002. risk when drought hits their commu- longed drought conditions. This bill was Hon. JOHN EDWARDS, passed by the Senate Small Business Com- U.S. Senate, Dirksen Senate Office Building, nities. The impact can be just as dev- mittee just eight days later. Also, the com- Washington, DC. astating to the owners of rafting busi- panion legislation (H.R. 5197) was introduced DEAR SENATOR EDWARDS: I am writing to nesses, marinas, and bait and tackle by Rep. Jim DeMint (R–S.C.) on July 24, 2002. thank you for your support for legislation shops. Sadly, these small businesses Both bills are gaining bipartisan support, introduced in the Senate to add drought as a cannot get help through the SBA’s dis- and we hope you will cosponsor this impor- condition for which small businesses may aster loan program because of some- tant legislation and push for its rapid enact- apply for Small Business Administration thing taxpayers hate about govern- ment in the 107th Congress. Economic Injury Disaster Loans. The Small Business Drought Relief Act (S. As 11 southern states are presently experi- ment bureaucracy. 2734) will correct the current situation facing encing moderate to exceptional drought con- The SBA denies these businesses ac- our small businesses in North Carolina. SBA ditions this summer, we cannot afford to cess to disaster loans because its law- disaster assistance is not available despite a wait to act. We urge you to cosponsor the yers say drought is not a sudden event historic drought that is impacting not just Small Business Drought Relief Act and push our agriculture sector, but causing real busi- and therefore it is not a disaster by for its consideration as soon as possible. ness and revenue losses, which threaten definition. However, contrary to the Sincerely, some firms with job layoffs or even bank- agency’s position that drought is not a Gov. Don Siegelman of Alabama; Gov. disaster, as of July 16, 2002, the day ruptcy. Mike Huckabee of Arkansas; Gov. Roy These businesses need help, and access to this legislation was introduced last E. Barnes of Georgia; Gov. Paul E. Pat- low-interest SBA loans can offer a lifeline to year, the SBA had in effect drought ton of Kentucky; Gov. M.J. ‘‘Mike’’ allow paying bills and making payrolls until disaster declarations in 36 States. That Foster, Jr. of Louisiana; Gov. Parris N. business returns to normal. number has grown to 48, demonstrating Glendening of Maryland; Gov. Ronnie I urge you to push for rapid action on this that problem has gotten worse and Musgrove of Mississippi; Gov. Bob important enhancement to SBA’s ability to Holden of Missouri; Gov. Michael F. help our people through this time of trouble. even more small businesses are in need. Easley of North Carolina; Gov. Frank With kindest regards, I remain As I have said time and again, the Keating of Oklahoma; Gov. Jim Hodges Very truly yours, SBA has the authority to help all small of South Carolina; Gov. Don Sundquist MICHAEL F. EASLEY. businesses hurt by drought in declared of Tennessee; Gov. Rick Perry of disaster areas, but the agency won’t do Texas; Gov. Mark Warner of Virginia; STATE OF SOUTH CAROLINA, it. For years the agency has been ap- Gov. Bob Wise of West Virginia. OFFICE OF THE GOVERNOR, plying the law unfairly, helping some Columbia, SC, July 9, 2002. and not others, and it is out of compli- OFFICE OF THE GOVERNOR, Hon. JOHN KERRY, ance with the law. The Small Business Carson City, NV, July 23, 2002. U.S. Senate, Russell Building, Washington, DC. DEAR SENATOR KERRY: The State of South Drought Relief Act of 2003 would force Hon. JOHN F. KERRY, Chairman, Committee on Small Business, Rus- Carolina is in its fifth year of drought sta- SBA to comply with existing law, re- sell Building, Washington, DC. tus, the worst in over fifty years. Some parts storing fairness to an unfair system, Hon. CHRISTOPHER BOND, of the state are in extreme drought status and get help to small business drought Ranking Member, Committee on Small Business, and the rest is in severe drought status. victims that need it. Russell Building, Washington, DC. Ninty-nine percent of our streams are flow- I thank the Chair of the Committee ing at less than 10% of their average flow for DEAR SENATORS KERRY AND BOND: Much of this time of year. 60% of those same streams on Small Business and Entrepreneur- Nevada and the Nation have been experi- are running at lowest flow on record for this ship, Senator SNOWE, for all her work encing extreme drought over the past several date. The levels of South Carolina’s lakes to ensure passage of this bill, as well as years. In Nevada we have seen the effects of have dropped anywhere from five feet to our many colleagues who are cospon- this situation through catastrophic range twenty feet. Some lakes have experienced a and forest fires, insect infestations and loss sors—Senators BOND, LANDRIEU, ED- drop in water level so significant that tour- of crops and livestock. WARDS, JOHNSON, BINGAMAN, LEVIN, ist and recreational use has diminished. Prolonged drought causes a drastic reduc- State and national climatologists are not BAUCUS, DASCHLE, HOLLINGS, tion in stream and river flow levels. This can hopeful that we will receive any significant LIEBERMAN, WARNER, CRAPO, HARKIN, cause the level of lakes to drop so signifi- rainfall in the near future. To end our cur- REID, ALLEN, BENNETT, and ENZI. cantly that existing docks and boat ramps rent drought, we would need an extended pe- Mr. President, I ask unanimous con- cannot provided access to boats. In the case riod of average to above average rainfall. sent that letters of support from Gov- of range and forest fires we have seen small Droughts, particularly prolonged ones such ernors who advocated prompt passage innkeepers and hunting and fishing related as we are experiencing now, have extensive of this legislation last year be printed businesses that have their entire season economic effects. For farmers who experi- ence the economic effects of such a drought, in the RECORD. wiped out in a matter of a few hours. There being no objection, the mate- Unfortunately for some small businesses, assistance is available through the USDA. drought assistance is available only for agri- For small businesses, assistance is available rial was ordered to be printed in the only for agriculture related small businesses, RECORD, as follows: culture related small businesses, such as feed and seed stores. For businesses that are i.e. feed and seed stores. For businesses that SOUTHERN GOVERNORS’ ASSOCIATION, based on tourism around lakes and rivers, are based on tourism around Lakes and Riv- Washington, DC, August 19, 2002. there is currently no drought assistance ers, there is currently no assistance avail- Hon. JOHN KERRY, available. able. U.S. Senate, Russell Senate Office Building, We have reports of lake and river tourism The Small Business Administration (SBA) Washington, DC. dependent businesses experiencing 17% to DEAR SENATOR KERRY: We are deeply con- is not currently authorized to help these 80% declines in revenue. The average decline cerned that small businesses in states experi- businesses because a drought is not a sudden in revenue is probably near 50% across the encing drought are being devastated by occurrence. Nonetheless, a drought is an on- board. drought conditions that are expected to con- going natural disaster that causes great My staff has contacted Small Business Ad- tinue through the end of the summer. We damage to these small businesses. ministration and they are not authorized to urge you to support legislation that would I would like to lend my support to S. 2734. offer assistance to these businesses because a allow small businesses to protect themselves The Small Business Drought Relief Act. This drought is not defined as a sudden occur- against the detrimental effects of drought. bill would amend the guidelines and author- rence. Nonetheless, a drought is an ongoing Much like other natural disasters, the ef- ize the SBA to offer assistance to small busi- natural disaster that is causing great eco- fects of drought on local economies can be nesses affected by prolonged drought. With nomic damage to these small business own- crippling. Farmers and farm-related busi- passage of this bill, Governors would be al- ers. nesses can turn in times of drought to the lowed to ask SBA for an administrative dec- I am requesting that you assist us in this U.S. Department of Agriculture. However, larations of economic injury because of situation by proposing that the Small Busi- non-farm small businesses have nowhere to drought. The low interest loans SBA can ness and Entrepreneurship Committee take go, not even the Small Business Administra- offer these businesses would allow many of action to at least temporarily amend the tion (SBA), because their disaster loans are them to weather the drought and remain SBA authorizing language and allow them to not made available for damage due to economically viable for future operation. offer assistance to small businesses affected drought. Sincerely, by prolonged drought. This would allow Gov- To remedy this omission, Sen. John Kerry KENNY C. GUINN, ernors to ask SBA for an administrative dec- (D-Mass.) introduced the Small Business Governor. laration of economic injury because of

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.073 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4623 drought. The low interest loans SBA can nic conflict in the Balkans, to Social national players of the year and a long offer these businesses would allow many of Security reform, Moynihan was pro- list of All-Americans. them to weather the drought and remain in phetic. In one of his last public speech- Following the game, Coach McShane business for the long run. es, at last year’s Harvard Commence- attributed part of the team’s success to My staff has also been in contact with Sen- ator Hollings’ legislative staff. I hope to- ment, Moynihan again offered words the great support the Cadets have from gether, we can find an expedient solution to that carry far more weight today than Norwich and Northfield. ‘‘We’ve got the plight of these small business owners. when he delivered them less than a great support here and that helps a lot. Short of finding a way to control the weath- year ago: You saw the president and the chair- er, this may be our only option to help their Certainly we must not let ourselves be man of the board of trustees out there dire situation. seen as rushing about the world looking for at center ice in the celebration. You Sincerely, arguments. There are now American armed don’t see that at many schools.’’ JIM HODGES. forces in some 40 countries overseas. Some Norwich finished the season with an f would say too many. Nor should we let our- impressive record of 27–3, and many of selves be seen as ignoring allies, disillu- the Cadets’ stars will be returning next LOCAL LAW ENFORCEMENT ACT sioning friends, thinking only of ourselves in OF 2001 the most narrow terms. That is not how we year. And, as surely as the sugar rises each year in the maples, Vermonters Mr. SMITH. Mr. President, I rise survived the 20th century. Nor will it serve in the 21st. next year will be closely following the today to speak about the need for hate Cadets through another great season. crimes legislation. In the last Congress Senator Moynihan’s wit and wisdom will be greatly missed. My thoughts Until next winter, the Cadets have Senator KENNEDY and I introduced the earned the right to bask in the glow of Local Law Enforcement Act, a bill that and prayers go to Liz Moynihan and the Moynihan family. knowing they have accomplished an- would add new categories to current other successful season, bought with hate crimes law, sending a signal that f hard work, skill and determination. violence of any kind is unacceptable in THE NORWICH CADETS f our society. I would like to describe a terrible Mr. LEAHY. Mr. President, recogni- ADDITIONAL STATEMENTS crime that occurred September 19, 2001, tion and congratulations are in order in Fairhaven, MA. An Arab-American for a school and a group of young men family was harassed and assaulted by known throughout Vermont for their OREGON HEALTH CARE HEROES its neighbors. After being followed and honor, integrity and prowess on the ∑ Mr. SMITH. Mr. President, I rise harassed with racial slurs, the Arab- hockey rink. today to salute Chance and Dr. Lisa American father was attacked with a Norwich University, the nation’s old- Steffey as Oregon Health Care Heroes baseball bat. He was treated at a local est private military college, sits in the for their willingness to save a deeply emergency room. The tires on his son’s picturesque town of Northfield, VT. It needed community health clinic in Or- car were slashed, as well. is a quaint college town, and it is a egon’s beautiful, rural community of I believe that Government’s first unique college, hosting a mix of mili- La Pine. duty is to defend its citizens, to defend tary cadets and more traditional col- A hero is someone who sets aside per- them against the harms that come out lege students. sonal interest to act for another per- of hate. The Local Law Enforcement The cadets, as their hockey team is son’s welfare. That is exactly what Dr. Enhancement Act is a symbol that can known, have a reputation for being an Steffey and her husband did when they become substance. I believe that by NCAA Division III hockey powerhouse. purchased the La Pine Community passing this legislation and changing It is cold in Northfield this time of Clinic in Oregon. Because of their cour- current law, we can change hearts and year, but a few weeks ago, Norwich age and willingness to take a risk, an minds as well. University’s Kreitzberg Arena was Oregon community with extremely f warmed by a sellout crowd gathered to limited health care resources will con- watch the Cadets capture their second tinue to have a local place to access DANIEL PATRICK MOYNIHAN NCAA Division III hockey title in just health services. Mr. HAGEL. Mr. President, the pass- four years. Despite warnings that purchasing the ing of Senator Daniel Patrick Moy- The Cadets staged a come-from-be- community health clinic was a signifi- nihan is a loss for all of us. Pat Moy- hind 2–1 win over Oswego State on cant financial risk, the couple forged nihan committed his remarkable life to March 22 to capture the title. After ahead. Without their intervention, the his country: serving four Presidents, trailing 1–0 going into the third period, clinic would have closed, leaving many representing our Nation as Ambassador Norwich was looking at the possibility residents without access to local care. to India and the United Nations, and of being shut out, something that has Many of the clinic’s clients are Med- representing the State of New York as not happened to the program in 278 icaid and Medicare patients who would a Senator. His deep intellect and consecutive games, a streak dating have been forced to travel significant unyielding candor will be missed. back to the 1993–94 season. Junior distances to find care had the Steffeys As a junior colleague, I was struck by defensemen Lou DiMasi, a Vermont na- not seen an opportunity. Senator Moynihan’s generosity with tive, was quoted by the Burlington La Pine has been named a Health his time and graciousness of spirit. I Free Press on the team’s third period Professional Shortage Area where had the privilege of sitting next to Sen- comeback, saying: ‘‘There was no way many residents do not have access to ator Moynihan on the trip to Rhode Is- we were going to let it get away.’’ Jun- care. Low Medicare and Medicaid reim- land for the funeral of our colleague ior defensemen Aaron Lee scored his bursements make it difficult for doc- the late Senator John Chafee. As we thirteenth goal of the season in the tors to serve the area, which is home to traveled, I was out of my depth listen- third period to tie the game, and senior many who rely on these programs for ing to him discuss different styles of team captain Toza Crnilovic notched health coverage. But with the Steffeys’ architecture in between offering en- the game-winning goal for the cham- dedication, and the temporary help of dearing stories about our departed col- pionship. Central Oregon Independent Health league. Norwich coach Mike McShane has Services, the clinic is now financially Of all his gifts, Pat Moynihan’s abil- built a remarkable record over the past stable and serving the families of La ity to recognize great issues before 8 years, winning the Eastern College Pine. they were commonly observed was his Athletic Conference East crown five Many rural Oregon residents face in- greatest. In public policy, he had an times and reaching five ‘‘Frozen credible hurdles accessing health serv- ability to appreciate and make sense of Fours.’’ Since Mike McShane began ices. The shortage of providers willing the larger picture rarely found in a pol- coaching the Cadets, the team has had to serve in rural areas, combined with itician. From the plight of broken fam- five 20-win seasons accompanied by a the particularly low federal reimburse- ilies and inner cities, to the collapse of long list of individual accomplishments ment levels offered to rural providers, the Soviet Union, to the danger of eth- for members of Cadet teams, including has caused an exodus of health services

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.069 S01PT1 S4624 CONGRESSIONAL RECORD — SENATE April 1, 2003 from the country. Add this to the large nity it has served. It has saved the offices in working through many of the number of uninsured families who live lives and the property of many. In the difficult issues that have been brought in these communities, and the crisis town of Georgetown, everyone knows forward during his tenure. facing rural health care delivery is who the real heros are. I commend John Koerner for his clear. It is my privilege to share the com- work with the U.S Fish & Wildlife Despite numerous efforts to increase pany’s great history with my col- Service. His contributions will benefit reimbursement rates for rural health leagues and with our fellow citizens many generations to come.∑ services and our ongoing quest to cover today. We honor the company’s 100th f anniversary and the extraordinary the millions of uninsured across Amer- TRIBUTE TO ORLANDO ‘‘TUBBY’’ commitment that it has never stopped ica, rural people are still hurting. It SMITH takes people like the Steffeys, who are showing to its community. Congratula- ∑ willing to make a sacrifice to meet the tions to all of the officers, members, Mr. BUNNING. Mr. President, today I needs of rural communities today, and friends of the Georgetown Fire honor and pay tribute to University of while we continue to work towards so- Company. It is very well deserved.∑ Kentucky Basketball coach and friend Orlando ‘‘Tubby’’ Smith. Coach Smith lutions for tomorrow. f On March 1, 2003, Dr. and Mr. Steffey was selected today as the 2003 Naismith COMMENDING JOHN KOERNER ON took ownership of the La Pine Commu- College Basketball Coach of the Year. HIS RETIREMENT FROM THE U.S. nity Clinic. I hope that their vision is Earlier this year, Tubby was also FISH AND WILDLIFE SERVICE rewarded with great success. I join the named the Nation’s top coach by the Sporting News, ESPN, and the Basket- many grateful residents of La Pine in ∑ Mr. JOHNSON. Mr. President, I rise ball Times. Coach Smith led the Uni- naming them as Oregon Health Care to recognize Mr. John Koerner’s long, versity of Kentucky Wildcats to an Heroes and thank them for bringing distinguished career with the United outstanding 32–4 record this season, in- hope and healing to La Pine.∑ States Fish & Wildlife Service. John cluding a NCAA season-high 26 game f began his career in 1972 in Valentine, NE at Fort Niobrara National Wildlife winning streak. The Wildcats’ winning GEORGETOWN FIRE COMPANY’S Refuge. Before he arrived at his streak this season was the Nation’s 100TH ANNIVERSARY ‘‘dream location’’ of Sand Lake Na- longest in seven years. ∑ Mr. BIDEN. Mr. President, I rise tional Wildlife Refuge, he was sta- Coach Smith is more than just a bas- ketball coach to his players at the Uni- today to give congratulations to one of tioned in the South Dakota commu- versity of Kentucky. He is a skilled the great local fire departments in nities of Madison, Pierre and Waubay. teacher of the game of basketball, but Delaware, the Georgetown Fire Com- John has now managed the Sand Lake he also teaches his players important pany, which is celebrating its 100th an- NWR for 15 years. This refuge has a lessons about life and instills a sense of niversary this month. This anniversary wonderful reputation within the refuge character in them that allows them to is a tribute to those who had the vision system, and that reputation reaches excel both on and off the court. to found the fire department and to far beyond its borders. In 1988, because Tubby and his wife Donna are also those volunteers who have carried on of its importance to migratory birds, very active in many communities this tradition all the way through Sand Lake was designated as the 16th across Kentucky. Over the past 5 years, today. Wetland of International Importance in they have raised over $1.5 million for We are very lucky in Delaware to the United States. This designation the Tubby Smith Foundation. Through have such a rich history of volunteer was proposed under John’s guidance, annual auctions, golf tournaments and community fire departments. With the and supported by myself and U.S. Sen- other events, Tubby and Donna have addition of the Georgetown Company, ator TOM DASCHLE. devoted much of their time and energy we have had 15 fire companies in our During his time in South Dakota, to assisting underprivileged children in state celebrate 100 years of service. In John has been instrumental in reach- Kentucky through their foundation. fact, we have even had 3 companies— ing out to the public he serves through I am proud to have Coach Smith rep- Lewes, Carlisle of Milford, and Good effective outreach and environmental resent the great Commonwealth of Will of New Castle—celebrate 200 years programs. The annual Eagle Day event Kentucky. He is a fantastic basketball of service. held at Sand Lake Refuge has grown coach and a prominent community With such successes though, it is from one carload of visitors attending leader. I ask my colleagues in the Sen- easy to forget the humble beginnings of the first Eagle Day event to well over ate to join me in congratulating him many of these departments. On April 1,200 visitors attending in 2002. John on receiving the 2003 Naismith College 11, 1903, the town commissioners of has also enhanced the youth, education Basketball Coach of the Year Award.∑ Georgetown announced in a town meet- and outreach programs during his time f ing that it would be forming a fire at the refuge. company to bring down the cost of fire John has been an articulate and out- SOUTH DAKOTA STATE insurance. Before the establishment of spoken voice on water and conserva- UNIVERSITY LADY JACKRABBITS a fire company, the community had re- tion issues concerning the James ∑ Mr. JOHNSON. Mr. President, I rise lied on so-called bucket brigades and a River. His coordination efforts with today to recognize and congratulate hand-drawn ladder wagon. local, State and Federal agencies, dur- the South Dakota State University When it was founded, there were ing major flooding events and day-to- Lady Jackrabbits. The Jackrabbits, fourteen charter members of the day operations have been an asset to under head coach Aaron Johnston and Georgetown Fire Company and only Sand Lake Refuge and to the commu- assistant coach Laurie Melum, won the one piece of fire equipment. Today, nities and landowners up and down the National Division II Basketball Tour- there are almost one hundred members James River. His knowledge of the nament against Northern Kentucky of the company and an entire fleet of James River has been very helpful to March 29 in St. Joseph, MO. state of the art fire equipment. South Dakota’s congressional delega- Coach Johnston’s squad went And as a testament to the unceasing tion. through the 2002–2003 season with a dedication of the volunteers who serve John’s coordination efforts with all school-record 32 wins against just three in this company and to the respect and of South Dakota’s congressional offices losses. The Jackrabbits entered the veneration it has in the community, al- have been beneficial to both the FWS tournament with an impressive 32–3 most half of the members of the and the citizens of South Dakota. His mark and defeated Cal State–Bakers- Georgetown Fire Company are life knowledge of FWS history, compat- field and Bentley before rallying to members or honorary members. Many ibility issues, and his vast experience overtake Northern Kentucky, 65–50, for members of the company who have has provided him with a ‘‘common the first ever women’s basketball na- served their town as volunteer fire- sense’’ approach to resolving issues be- tional title. fighters for decades never stop serving. fore they become major problems. I The team was guided this season by The Georgetown Fire Company has know that John Koerner has provided the leadership provided by seniors Me- become an integral part of the commu- extremely valuable assistance to my lissa Pater and Karly Hegge. Joining

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.069 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4625 them were Jackrabbit juniors Stacie On Monday pretty much everyone in that Carter’s vehicle has been host to Cizek and Brenda Davis. All-tour- Watkinsville wanted to call and con- an embedded reporter during much of nament team member and NCAA Divi- gratulate the family. the campaign. ‘‘Every day since he’s sion II Elite Eight Most Outstanding Chris was an ROTC student at the been over there he’s been in some news- Player Pater was joined on the all- University of Georgia and a member of paper. The next best thing to being tournament team by freshman Heather the Georgia Army National Guard. He able to talk to him personally has been Sieler. was commissioned as an officer, to read the papers.’’ As Hegge told the Sioux Falls Argus trained with the 82nd Airborne Divi- Carter then excused himself to an- Leader following the title victory, sion and took the mountain section of swer the door. Television cameramen ‘‘After A.J. [Coach Aaron Johnston] his wilderness training with the 5th were ringing the bell.∑ first started coaching, he used the Ranger Training Battalion’s Camp f phrase, ‘Don’t stop believing.’ That’s Merrill, near Dahlonega. THE KIWANIS CLUB OF DEARBORN what we tried to do, not stop believing Of medium height and a stocky build, ON THE CELEBRATION OF THEIR and just keep on going.’’ This title re- Carter loves to hunt, fish, and sing 75TH ANNIVERSARY flects that devotion and conviction Hank Williams, Jr. songs, said his South Dakota residents pride them- girlfriend, Amanda Cofer, 24, an assist- ∑ Mr. LEVIN. Mr. President, today it is selves on. ant to State Senators Mitch Seabaugh my pleasure to congratulate the I want to acknowledge Dean Dr. Lau- and Dan Moody. Kiwanis Club of Dearborn, MI for 75 rie Nichols, Athletic Director Dr. Fred Carter distinguished himself Monday years of distinguished service address- Oien, Head Coach Aaron Johnston, As- when he left his Bradley fighting vehi- ing the needs of children, seniors, and sistant Coach Laurie Melum, and Grad- cle and dashed out on a bridge during a the disadvantaged throughout the uate Assistant Sheila Roux for their firefight outside of Hindiyah, to try to Dearborn community and my home guidance and support to help make this bring an Iraqi woman to safety. State of Michigan. year’s team so successful. I also want An Associated Press account of the As a member of Kiwanis Inter- to congratulate all of this year’s team rescue began with Carter saying, national, the Kiwanis Club of Dearborn members: seniors Melissa Pater and ‘‘We’ve got to get her off that bridge’’ is part of a larger organization that Karly Hegge; juniors Stacie Cizek and and then determining to save her. holds community service at its core. Brenda Davis; sophomores Stephanie The woman had apparently tried to Since its founding in 1915, Kiwanis Bolden, Megan Otte, Brooke race across the bridge when the Ameri- International has united individuals to Dickmeyer, Dianna Pavek, Shannon cans arrived, but was caught in the respond to the changing needs of their Schlager, and Christine Gilbert; and crossfire. communities. Kiwanis groups promote freshmen Heather Sieler and Christine Soldiers who had spotted her through awareness of vital issues such as child Gilbert, for their hard work, dedication the smoke at first thought she was health and development, literacy, sub- and commitment this season. Finally, I dead, as was a man sprawled in the stance abuse, and senior care. Kiwanis want to acknowledge the great work of dust nearby. But the woman sat up and Clubs nationwide take practical steps team manager Laci Greenfield, and the waved for help during breaks in the to respond to these concerns through hard-working efforts of cheerleaders gunfire. volunteer service projects and fund- Christina Bennett, Emmie Johnson, According to AP reporter Chris Tom- raising. Today, the Kiwanis family in- Eve Becker, Jill McClung, Julie linson’s account, Carter ‘‘ordered his cludes 500,000 members in over 80 coun- Raeder, and Katie Jacobson. Bradley armored vehicle to pull for- tries. Again, congratulations to the South ward while he and two men ran behind Since 1928, the Kiwanis Club of Dear- Dakota State University Lady Jack- it. They took cover behind the bridge’s born has taken an active role in per- rabbits on winning their first women’s iron beams. forming community service. Through basketball national title.∑ ‘‘Carter tossed a smoke grenade for their annual ‘‘Peanut Sale’’ fundraiser, the Kiwanis Club of Dearborn has gen- f more cover and approached the woman, who was crying and pointing toward a erated thousands of dollars each year GEORGIAN SOLDIER SAVES wound on her hip. She wore the black for charity organizations. Recipients of CIVILIAN chador, common among older women in the money raised at this benefit in- ∑ Mr. MILLER. Mr. President, today I the countryside. The blood soaked clude Children’s Hospital, the Salva- share with my colleagues the story of a through the fabric, streaking the pave- tion Army, the DeSales School for the 3rd Infantry soldier, and a fellow Geor- ment around her. Deaf, the Hemophilia Foundation, and gian, who risked his own life to save a ‘‘Medics placed the woman on a the Special Olympics. This year, the civilian caught in the crossfire in Iraq. stretcher and into an ambulance; club raised a record $54,000, a sum The following article was printed in Carter stood by, providing cover with which has earned them recognition as a the April 1 edition of the Atlanta Jour- his M16A4 rifle. Then she was gone, and leader in fundraising initiatives. Fur- nal-Constitution. Monday’s battle for this town of 80,000, thermore, the club can be commended Michael Carter wanted to talk about 50 miles south of Baghdad, raged on.’’ for donating all moneys raised to char- his son, CPT Chris Carter, 31, whose he- When Carter’s girlfriend, Cofer, heard ity, due to the absence of administra- roic rescue of an Iraqi woman flashed about the rescue, her first thought was, tive costs. The Kiwanis Club of Dear- across the newswires Monday, but the ‘‘Get back in the vehicle!’’ she said. born also produces ‘‘Kiwani Talk,’’ a batteries on his cordless phone were Cofer and Carter met last October television show that informs viewers of running down. during a victory celebration in services available to the public. In the ‘‘I didn’t know about it until the Buckhead after the Georgia Bulldogs past 10 years, this program has aired phone rang this morning,’’ he said beat the University of Kentucky in 500 episodes relaying pertinent infor- Monday afternoon, adding that it football. ‘‘I knew immediately he was a mation to the community. The emer- hadn’t stopped ringing since. special person,’’ she said. Carter was gence of two additional clubs, the Constant phone calls kept him from deployed to Kuwait the next month. Outer Drive Kiwanis Club and the East logging on to the Internet and reading ‘‘He is the kind of man every parent Dearborn Kiwanis Club, is testament to about Chris, commander of A Com- in America would be glad to have as a the commitment of the Kiwanis Club of pany, part of the 3rd Battalion, 7th son,’’ said Carter’s father, who is re- Dearborn to continued community Regiment of the 3rd Infantry Division tired from the Environmental Protec- service and the appeal of their mes- (Mechanized). tion Agency. sage. ‘‘I’ve been so busy with phone calls, I Though the Carters haven’t heard I am confident that my Senate col- have not had time to download it,’’ from their son for 3 weeks, they keep leagues will join me in thanking the said Carter, 63. up with him through the news. Kiwanis Club of Dearborn for their 75 He and his wife Shirley, 60, live in ‘‘We have more current information years of service dedicated to improving Watkinsville, where Chris grew up and on him than any other parent in the the lives of many in the Dearborn com- attended Oconee County High School. United States,’’ said the father, adding munity. The dedication to community

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.070 S01PT1 S4626 CONGRESSIONAL RECORD — SENATE April 1, 2003 service is an inspiring example of ance provided by Small Business Develop- National Marine Fisheries Service, Depart- human kindness and selflessness. We ment Centers to Indian tribe members, Na- ment of Commerce, transmitting, pursuant wish them continued success as they tive Alaskans, and Native Hawaiians; to the to law, the report of a rule entitled ‘‘Frame- work to make our communities better Committee on Small Business and Entrepre- work 15 to the Atlantic Sea Scallop Fishery neurship. Management Plan (0648–AQ28)’’ received on places to live.∑ The following concurrent resolution March 27, 2003; to the Committee on Com- f merce, Science, and Transportation. was read, and referred as indicated: EC–1736. A communication from the Asso- MESSAGE FROM THE HOUSE H. Con. Res. 58. Concurrent resolution hon- ciate Deputy Assistant Administrator, Na- At 2:16 p.m., a message from the oring the City of Fayetteville, North Caro- tional Oceanic and Atmospheric Adminis- House of Representatives, delivered by lina, and its many partners for the Festival trator, National Ocean Service, Department Ms. Niland, one of its reading clerks, of Flight, a celebration of the centennial of of Commerce, transmitting, pursuant to law, announced that the House has passed Wilbur and Orville Wright’s first flight, the the report of a rule entitled ‘‘Announcement first controlled, powered flight in history; to the following bills, in which it requests of Funding Opportunity to Submit Proposals the Committee on the Judiciary. for the Monitoring and Event Response for the concurrence of the Senate: f Harmful Algal Blooms (MERHAB) Program H.R. 1166. An act to amend the Small Busi- FY2004 (0648–ZB12)’’ received on March 27, ness Act to expand and improve the assist- EXECUTIVE AND OTHER 2003; to the Committee on Commerce, ance provided by Small Business Develop- COMMUNICATIONS Science, and Transportation. ment Centers to Indian tribe members, Na- EC–1737. A communication from the Sec- tive Alaskans, and Native Hawaiians. The following communications were retary of Transportation, transmitting, pur- H.R. 1208. An act to authorize appropria- laid before the Senate, together with suant to law, the report of a Bill to amend tions for fiscal years 2004 and 2005 for United accompanying papers, reports, and doc- title 49, United States Code, to authorize ap- States contributions to the International uments, and were referred as indicated: propriations for the Federal Aviation Admin- Fund for Ireland, and for other purposes. istration for fiscal years 2004, 2005, 2006 and H.R. 1505. An act to designate the facility EC–1729. A communication from the Chief, Regulation and Administrative Law, United 2007 and for other purposes, received on of the United States Postal Service located March 26, 2003; to the Committee on Com- at 2127 Beatties Ford Road in Charlotte, States Coast Guard, Department of Trans- portation, transmitting, pursuant to law, the merce, Science, and Transportation. North Carolina, as the ‘‘Jim Richardson Post EC–1738. A communication from the Chief, report of a rule entitled ‘‘Special Anchorage Office.’’ Regulations Unit, Internal Revenue Service, Areas/Anchorage Grounds Regulations; The message also announced that the Department of the Treasury, transmitting, Boothville, Anchorage, Venice, LA (CGD08– pursuant to law, the report of a rule entitled House has agreed to the following con- 02–017)’’ received on March 24, 2003; to the ‘‘Rotable Spare Parts; Capitol Expenditures current resolution, in which it requests Committee on Commerce, Science, and (Rev. Rul. 2003–37)’’ received on March 26, the concurrence of the Senate: Transportation. 2003; to the Committee on Finance. EC–1730. A communication from the Chief, H. Con. Res. 58. concurrent resolution hon- EC–1739. A communication from the Chief, Regulation and Administrative Law, United oring the City of Fayetteville, North Caro- Regulations Unit, Internal Revenue Service, States Coast Guard, Department of Trans- lina, and its many partners for the Festival Department of the Treasury, transmitting, portation, transmitting, pursuant to law, the of Flight, a celebration of the centennial of pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Drawbridge Regu- Wilbur and Orville Wright’s first flight, the ‘‘Appeals Settlement Guidelines: All Indus- lations; (Including 4 Regulations) [CGD08– first controlled, powered flight in history. tries—Section 302/318 Basis Shifting Trans- 03010] [CGD08–03–012] [CGD07–03–31] [CGD1– The message further announced that actions’’ received on March 26, 2003; to the 03–019] (1625–AA09)(2003–0001)’’ received on the Speaker appoints the following Committee on Finance. March 24, 2003; to the Committee on Com- Members as additional conferees in the EC–1740. A communication from the Chief, merce, Science, and Transportation. Regulations Unit, Internal Revenue Service, conference on the disagreeing votes of EC–1731. A communication from the Chief, the two Houses on the amendments of Department of the Treasury, transmitting, Regulation and Administrative Law, United pursuant to law, the report of a rule entitled the House to the bill (S. 151) to amend States Coast Guard, Department of Trans- ‘‘Civil Cause of Action for Violation of Sec- title 18, United States Code, with re- portation, transmitting, pursuant to law, the tion 362 or Section 524 of the Bankruptcy spect to the sexual exploitation of chil- report of a rule entitled ‘‘Safety/Security Code (RIN1545–AY08)(TD 9050)’’ received on dren: Zone Regulations: (Including 3 regulations) March 26, 2003; to the Committee on Finance. From the Committee on Education [COTP Pittsburgh 02–0] [COTP Los Angeles- EC–1741. A communication from the Chief, and the Workforce, for consideration of Long Beach 02–005] [COTP Western Alaska Regulations Unit, Internal Revenue Service, 02–001] (1625–AA00)(2003–0002)’’ received on Department of the Treasury, transmitting, section 8 of the Senate bill and sections March 24, 2003; to the Committee on Com- 222, 305, 508 of the House amendments, pursuant to law, the report of a rule entitled merce, Science, and Transportation. ‘‘Certain Transfers of Property to Regulated and modifications committed to con- EC–1732. A communication from the Chief, Investment Companies [RICs] and Real Es- ference: Mr. HOEKSTRA; MR. GINGREY; Regulation and Administrative Law, United tate Investment Trusts [REITs] (RIN1545– and Mr. HINOJOSA. States Coast Guard, Department of Trans- BA36)(1545–AW92)’’ received on March 24, From the Committee on Transpor- portation, transmitting, pursuant to law, the 2003; to the Committee on Finance. tation and Infrastructure, for consider- report of a rule entitled ‘‘Safety/Security EC–1742. A communication from the Chief, ation of section 303 and title IV of the Zone Regulations: (Including 4 Regulations) Regulations Unit, Internal Revenue Service, [COTP Los Angeles-Long Beach 03–001] House amendments, and modifications Department of the Treasury, transmitting, [COTP San Francisco Bay 03–003] [COTP San pursuant to law, the report of a rule entitled committed to conference: Mr. YOUNG of Diego 03–003] [COTP Tampa 03–006] (1625– ‘‘Bureau of Labor Statistics Price Indexes Alaska; Mr. PETRI; and Mr. MATHESON. AA00) (2003–0001)’’ received on March 24, 2003; for Department Stores—January 2003 (Rev. f to the Committee on Commerce, Science, Rul. 2003–33)’’ received on March 24, 2003; to and Transportation. MEASURES REFERRED the Committee on Finance. EC–1733. A communication from the Attor- EC–1743. A communication from the Chief, The following bills were read the first ney, Research and Special Programs Admin- Regulations Unit, Internal Revenue Service, and the second times by unanimous istration, Department of Transportation, Department of the Treasury, transmitting, consent, and referred as indicated: transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled a rule entitled ‘‘Hazardous Materials: Avail- H.R. 1208. An act to authorize appropria- ‘‘Amendments to Rules for Determination of ability of Information for Hazardous Mate- tions for fiscal years 2004 and 2005 for United Basis of Partners’s Interest; Special Rules rials Transported by Aircraft (2137–AD29)’’ States contributions to the International (RIN1545–BA50)(TD9049)’’ received on March received on March 25, 2003; to the Committee Fund for Ireland, and for other purposes; to 24, 2003; to the Committee on Finance. on Commerce, Science, and Transportation. the Committee on Foreign Relations. EC–1744. A communication from the Chief, H.R. 1505. An act to designate the facility EC–1734. A communication from the Attor- Regulations Unit, Internal Revenue Service, of the United States Postal Service located ney, Office of the Secretary of Transpor- Department of the Treasury, transmitting, at 2127 Beatties Ford Road in Charlotte, tation, Department of Transportation, trans- pursuant to law, the report of a rule entitled North Carolina, as the ‘‘Jim Richardson Post mitting, pursuant to law, the report of a rule ‘‘Business Disaster Grant Payments (Notice Office,’’ to the Committee on Governmental entitled ‘‘Extension of Computer Reserva- 2003–18)’’ received on March 18, 2003; to the Affairs. tions Systems Regulations (2105–AD24)’’ re- Committee on Finance. ceived on March 26, 2003; to the Committee EC–1745. A communication from the Chief, The following bill was read, and re- on Commerce, Science, and Transportation. Regulations Unit, Internal Revenue Service, ferred as indicated: EC–1735. A communication from the Dep- Department of the Treasury, transmitting, H.R. 1166. An act to amend the Small Busi- uty Assistant Administrator, Regulatory pursuant to law, the report of a rule entitled ness Act to expand and improve the assist- Programs, Office of Sustainable Fisheries, ‘‘Applicable Federal Rates—April 2003 (Rev.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.061 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4627 Rul. 2003–35)’’ received on March 24, 2003; to Quality Implementation Plans; Philadelphia 2003 report on National Defense Stockpile the Committee on Finance. County, Pennsylvania Construction, Modi- (NDS) requirements; to the Committee on EC–1746. A communication from the Chief, fication and Operation Permit Programs Armed Services. Regulations Unit, Internal Revenue Service, (FRL 7474–2)’’ received on March 27, 2003; to EC¥1767. A communication from the Department of the Treasury, transmitting, the Committee on Environment and Public Under Secretary of Defense, Acquisition, pursuant to law, the report of a rule entitled Works. Technology and Logistics, Department of ‘‘Applicable Federal Rates—April 2003 (Rev. EC–1757. A communication from the Acting Defense, transmitting, pursuant to law, the Rul. 2003–35)’’ received on March 24, 2003; to Principle Deputy Associate Administrator, Conference Report to accompany the Bob the Committee on Finance. Environmental Protection Agency, transmit- Stump National Defense Authorization Act EC–1747. A communication from the Chief, ting, pursuant to law, the report of a rule en- for Fiscal Year 2003, received on March 26, Regulations Unit, Internal Revenue Service, titled ‘‘Approval and Promulgation of Imple- 2003; to the Committee on Armed Services. ¥ Department of the Treasury, transmitting, mentation Plans and Designation of Areas; EC 1768. A communication from the As- pursuant to law, the report of a rule entitled California—Indian Wells Valley PM10 Non- sistant Secretary of Defense, Health Affairs, ‘‘Section 911 Waiver Rev. Proc. 2002-update attainment Area (FRL7461–5)’’ received on Department of Defense, transmitting, pursu- (Rev. Proc. 2003–26)’’ received on March 24, March 27, 2003; to the Committee on Environ- ant to law, the report relative to outreach to Gulf War veterans, received on March 27, 2003; to the Committee on Finance. ment and Public Works. EC–1748. A communication from the Board EC–1758. A communication from the Acting 2003; to the Committee on Armed Services. EC¥1769. A communication from the Gen- Members, Railroad Retirement Board, trans- Principle Deputy Associate Administrator, eral Counsel, Department of Defense, trans- mitting, pursuant to law, the report of a Bill Environmental Protection Agency, transmit- mitting, pursuant to law, the report relative to amend the Railroad Retirement Act to ting, pursuant to law, the report of a rule en- to proposed legislative initiatives to be in- solve several technical problems that have titled ‘‘Approval and Promulgation of Imple- cluded in the National Defense Authoriza- arisen in connection with the establishment mentation Plans; Indiana (FRL7470–7)’’ re- tion Act for Fiscal Year 2004, received on of and actions by the National Railroad Re- ceived on March 27, 2003; to the Committee March 27, 2003; to the Committee on Armed tirement Investment Trust, received on on Environment and Public Works. Services. March 24, 2003; to the Committee on Finance. EC–1759. A communication from the Acting EC¥1770. A communication from the Reg- EC–1749. A communication from the Assist- Principle Deputy Associate Administrator, ister Liaison Officer, Office of the Secretary, ant Secretary, Legislative Affairs, Depart- Environmental Protection Agency, transmit- Department of Defense, transmitting, pursu- ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- ant to law, the report of a rule entitled law, the report of the establishment of Dan- titled ‘‘Bacillus pumilus GB 34; Exemption ‘‘CHAMPUS Appeals and Hearings Proce- ger Pay to U.S. Government Civilian Em- from the Requirements of a Tolerance dures; Formal Review (Administrative Cor- ployees in Kuwait, received on March 24, (FRL7286–9)’’ received on March 27, 2003; to rections) (0720–AA74)’’ received on March 27, 2003; to the Committee on Foreign Relations. the Committee on Environment and Public 2003; to the Committee on Armed Services. EC–1750. A communication from the Assist- Works. EC¥1771. A communication from the Gen- ant Secretary, Legislative Affairs, Depart- EC–1760. A communication from the Acting eral Counsel, Department of Defense, trans- ment of State, transmitting, pursuant to Principle Deputy Associate Administrator, mitting, pursuant to law, the report relative law, the Annual Report covering defense Ar- Environmental Protection Agency, transmit- to certification that Kazakhstan and ticles and Services that were licensed for Ex- ting, pursuant to law, the report of a docu- Ukraine are committed to the courses of ac- port; to the Committee on Foreign Rela- ment entitled ‘‘Ground Level Ozone: Com- tion described in section 1203 (d) of the Coop- tions. pilation of States’ Recommendations and erative Threat Reduction Act of 1993, re- EC–1751. A communication from the Acting Initial Regional Office Responses on Areas ceived on March 25, 2003; to the Committee Principle Deputy Associate Administrator, That Are Not Attaining the 8-hour Ground- on Armed Services. Environmental Protection Agency, transmit- Level Ozone National Ambient Air Quality EC¥1772. A communication from the At- ting, pursuant to law, the report of a rule en- Standards: Guidance Memorandum″; to the torney, Research and Special Programs Ad- titled ‘‘Approval and Promulgation of Imple- Committee on Environment and Public ministration, Department of Transportation, mentation Plans and Approval Under Sec- Works. transmitting, pursuant to law, the report of tions 110 and 112(I); State of Kansas EC–1761. A communication from the Acting a rule entitled ‘‘Hazardous Materials: Secu- (FRL7471–9)’’ received on March 24, 2003; to Principle Deputy Associate Administrator, rity Requirements for Officers and Trans- the Committee on Environment and Public Environmental Protection Agency, transmit- porters of Hazardous Materials (2137–AD67)’’ Works. ting, pursuant to law, the report of a docu- received on March 25, 2003; to the Committee EC–1752. A communication from the Acting ment entitled ‘‘Rubber Tire Manufacturing: on Armed Services. ¥ Principle Deputy Associate Administrator, Air Toxins Rule: Amendments″; to the Com- EC 1773. A communication from the Under Secretary of Defense, Acquisition, Environmental Protection Agency, transmit- mittee on Environment and Public Works. ting, pursuant to law, the report of a rule en- EC–1762. A communication from the Acting Technology and Logistics, Department of titled ‘‘Approval and Promulgation of Imple- Principle Deputy Associate Administrator, Defense, transmitting, pursuant to law, the report of the Department of Defense 2002 in- mentation Plans; State of Missouri Environmental Protection Agency, transmit- ventory of activities that are not inherently (FRL7471–6)’’ received on March 24, 2003; to ting, pursuant to law, the report of a docu- governmental functions, received on March the Committee on Environment and Public ment entitled ‘‘Rubber Tire Manufacturing: 27, 2003; to the Committee on Governmental Works. Air Toxins Rule: Fact Sheet″; to the Com- EC–1753. A communication from the Acting Affairs . mittee on Environment and Public Works. EC¥1774. A communication from the Principle Deputy Associate Administrator, ¥ EC 1763. A communication from the Di- Chairman, Defense Nuclear Facilities Safety Environmental Protection Agency, transmit- rector, Office of Congressional Affairs, Nu- Board, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- clear Material Safety and Safeguards, Nu- Performance Report for Fiscal Year 2002; to titled ‘‘Clean Water for Sustainable Cities in clear Regulatory Commission, transmitting, the Committee on Governmental Affairs. China Project’’ received on March 24, 2003; to pursuant to law, the report of a rule entitled EC¥1775. A communication from the the Committee on Environment and Public ‘‘Radiation Exposure Reports: Labeling Per- Chairman, Federal Trade Commission, trans- Works. sonal Information (RIN3150–AH–07)’’ received mitting, pursuant to law, the Federal Trade EC–1754. A communication from the Acting on March 24, 2003; to the Committee on Envi- Commission’s Office of Inspector General Principle Deputy Associate Administrator, ronment and Public Works. (OIG) Semiannual report for the period end- Environmental Protection Agency, transmit- EC¥1764. A communication from the Regu- ing September 30, 2002, received on March 27, ting, pursuant to law, the report of a rule en- lations Officer, Federal Highway Adminis- 2003; to the Committee on Governmental Af- titled ‘‘Minor Clarification of National Pri- tration, Department of Transportation, fairs. mary Drinking Water Regulation for Arsenic transmitting, pursuant to law, the report of EC¥1776. A communication from the (FRL7472–5)’’ received on March 24, 2003; to a rule entitled ‘‘Traffic Control Devices on Chairman, Securities and Exchange Commis- the Committee on Environment and Public Federal-Aid and Other Streets and High- sion, transmitting, pursuant to law, the Se- Works. ways; Standards (2125–AE78)’’ received on curities and Exchange Commission’s com- EC–1755. A communication from the Acting March 26, 2003; to the Committee on Environ- bined Governmental Performance and Re- Principle Deputy Associate Administrator, ment and Public Works. sults Act Annual Performance Report for fis- Environmental Protection Agency, transmit- EC¥1765. A communication from the cal year 2002 and the Annual Performance ting, pursuant to law, the report of a rule en- Chairman, Nuclear Regulatory Commission, Plan for fiscal year 2004, received on March titled ‘‘Significant New Uses of Certain transmitting, pursuant to law, the report 27, 2003; to the Committee on Governmental Chemical Substances (FRL 6758–7)’’ received submitting legislation which authorizes ap- Affairs. on March 24, 2003; to the Committee on Envi- propriations for fiscal year 2004, received on EC¥1777. A communication from the Sec- ronment and Public Works. March 25, 2003; to the Committee on Environ- retary of Veterans Affairs, transmitting, EC–1756. A communication from the Acting ment and Public Works. pursuant to law, the report relative to sum- Principle Deputy Associate Administrator, EC¥1766. A communication from the marizing the disposition of sixteen cases in Environmental Protection Agency, transmit- Under Secretary of Defense, Acquisition, which I granted equitable relief during cal- ting, pursuant to law, the report of a rule en- Technology and Logistics, Department of endar year 2002, received on March 27, 2003; titled ‘‘Approval and Promulgation of Air Defense, transmitting, pursuant to law, the to the Committee on Veterans’ Affairs.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.047 S01PT1 S4628 CONGRESSIONAL RECORD — SENATE April 1, 2003 EC¥1778. A communication from the Sec- Firearms, and Explosives, Department of other provision of the Convention shall be retary of Veterans Affairs, transmitting, Justice, transmitting, pursuant to law, the construed as limiting the access of the legis- pursuant to law, the Seventh Report describ- report of a rule entitled ‘‘Implementation of lative branch of the United States Govern- ing the administration of the Montgomery the Safe Explosives Act, Title XI, Subtitle C ment to any information relating to the op- GI Bill (MGIB) educational assistance pro- of Public Law 107–296 (RIN1140–AA00)’’ re- eration of the Convention, including access gram, received on March 27, 2003; to the Com- ceived on March 25, 2003; to the Committee to information described in Article 36 of the mittee on Veterans’ Affairs. on the Judiciary. Convention. EC¥1779. A communication from the Dep- (B) PROTECTION OF INFORMATION.—The Sen- uty General Counsel, Veterans Administra- f ate understands that the confidentiality of tion, Department of Veterans Affairs, trans- REPORTS OF COMMITTEES information provided by other Contracting mitting, pursuant to law, the report of a rule Parties that is properly identified as pro- entitled ‘‘VA Homeless Providers Grant and The following reports of committees tected pursuant to Article 36 of the Conven- Per Diem Program (2900–AL30) (Interim were submitted: tion will be respected. Final Rule)’’ received on March 27, 2003; to By Mr. STEVENS, from the Committee on (C) CERTIFICATION.—Not later than 45 days the Committee on Veterans’ Affairs. Appropriations, without amendment: after the deposit of the United States instru- EC¥1780. A communication from the Act- S. 762. An original bill making supple- ment of ratification, the President shall cer- ing Principal Deputy Associate Adminis- mental appropriations to support Depart- tify to the appropriate committees of Con- trator, Environmental Protection Agency, ment of Defense operations in Iraq, Depart- gress that the Comptroller General of the transmitting, pursuant to law, the report of ment of Homeland Security, and Related Ef- United States shall be given full and com- a rule entitled ‘‘Pesticides; Tolerance Ex- forts for the fiscal year ending September 30, plete access to— emptions for Active and Inert Ingredients for 2003, and for other purposes (Rept. No. 108– (i) all information in the possession of the Use in Antimicrobial Formulations (Food- 33). United States Government specifically relat- Surface Sanitizing Solutions): Withdrawal of By Ms. COLLINS, from the Committee on ing to the operation of the Convention that Direct Final Rule (FRL 7299–4)’’ received on Governmental Affairs, with an amendment is submitted by any other Contracting Party March 27, 2003; to the Committee on Agri- in the nature of a substitute: pursuant to Article 32 of the Convention, in- culture, Nutrition, and Forestry. S. 380. A bill to amend chapter 83 of title 5, cluding any report or document; and ¥ EC 1781. A communication from the Act- United States Code, to reform the funding of (ii) information specifically relating to any ing Principal Deputy Associate Adminis- benefits under the Civil Service Retirement review or analysis by any department, agen- trator, Environmental Protection Agency, System for employees of the United States cy, or other entity of the United States, or transmitting, pursuant to law, the report of Postal Service, and for other purposes. any official thereof, undertaken pursuant to a rule entitled ‘‘S-Metolachlor; Pesticide Article 30 of the Convention, of any report or Tolerance (FRL7299–8)’’ received on March f document submitted by any other Con- 27, 2003; to the Committee on Agriculture, tracting Party. Nutrition, and Forestry. EXECUTIVE REPORT OF (D) REPORTS TO CONGRESS.—Upon the re- EC–1782. A communication from the Chief COMMITTEE quest of the chairman of either of the appro- Justice, Supreme Court of the United States, The following executive report of priate committees of Congress, the President transmitting, pursuant to law, the report to committee was submitted: shall submit to the respective committee an Congress of the amendments to the Federal By Mr. LUGAR, from the Committee on unclassified report, and a classified annex as Rules of Appellate Procedure that have been Foreign Relations: appropriate, detailing— adopted by the Supreme Court of the United (i) how the objective of a high level of nu- States, received on March 27, 2003; to the [Treaty Doc. 106–48 Joint Convention on clear and radiological safety and security Committee on the Judiciary. Safety of Spent Fuel and Radioactive has been furthered by the operation of the EC–1783. A communication from the Chief Waste Management (Exec. Rept. No. 108–5)] Convention; Justice, Supreme Court of the United States, TEXT OF THE RESOLUTION OF RATIFICATION AS (ii) with respect to the operation of the transmitting, pursuant to law, the report REPORTED BY THE COMMITTEE ON FOREIGN Convention on an Article-by-Article basis— relative to the amendments to the Federal RELATIONS (I) the situation addressed in the Article of Rules of Bankruptcy Procedure that have Resolved (two-thirds of the Senators present the Convention; been adopted by the Supreme Court of the concurring therein). (II) the results achieved under the Conven- United States, received on March 27, 2003; to tion in implementing the relevant obligation SECTION 1. SENATE ADVICE AND CONSENT SUB- the Committee on the Judiciary. JECT TO CONDITIONS. under that Article of the Convention; and (III) the plans and measures for corrective EC–1784. A communication from the Chief The Senate advises and consents to the action on both a national and international Justice, Supreme Court of the United States, ratification of the Joint Convention on the level to achieve further progress in imple- transmitting, pursuant to law, the report Safety of Spent Fuel Management and on the menting the relevant obligation under that relative to the amendments to the Federal Safety of Radioactive Waste Management, Article of the Convention; and Rules of Evidence that have been adopted by done at Vienna on September 5, 1997 (Treaty (iii) on a country-by-country basis, for the Supreme Court of the United States, re- Document 106–48), subject to the conditions each Contracting Party that is receiving ceived on March 27, 2003; to the Committee of section 2. on the Judiciary. United States financial or technical assist- EC–1785. A communication from the Chief SEC. 2. CONDITIONS. ance relating to nuclear or radiological safe- Justice, Supreme Court of the United States, The advice and consent of the Senate to ty or security improvement— transmitting, pursuant to law, the report ratification of the Convention on the Safety (I) a list of all nuclear facilities within the relative to the amendments to the Federal of Spent Fuel Management and on the Safety country, including those installations oper- Rule of Civil Procedure, received on March of Radioactive Waste Management is subject ating, closed, and planned, and an identifica- 27, 2003; to the Committee on the Judiciary. to the following conditions, which shall be tion of those nuclear facilities where signifi- EC–1786. A communication from the Chief binding upon the President: cant corrective action is found necessary by Financial Officer, Paralyzed Veterans of (1) COMMITMENT TO REQUEST AND REVIEW assessment; America, transmitting, pursuant to law, the REPORTS—Not later than 45 days after the de- (II) a review of all safety or security as- report of the Audited Financial Statement posit of the United States instrument of sessments performed and the results of those for the fiscal year 2002; to the Committee on ratification, the President shall certify to assessments for existing nuclear facilities; the Judiciary. the appropriate committees of Congress that (III) a review of the safety and security of EC–1787. A communication from the Assist- the United States will: each nuclear facility using facility-specific ant Secretary, Legislative Affairs, Depart- (A) request copies of all national reports data and analysis showing trends of safety or ment of State, transmitting, pursuant to submitted pursuant to Article 32 of the Con- security significance and illustrated by par- law, the report relative to amending section vention; and ticular issues at each facility; 41.107(c)(1) of Part 22 of the Code of Federal (B) comment in each review meeting held (IV) a review of the position of the country Regulations, received on March 20, 2003; to pursuant to Article 30 of the Convention (in- as to the further operation of each nuclear the Committee on the Judiciary. cluding each meeting of a subgroup) upon as- facility in the country; EC–1788. A communication from the Sec- pects of safety significance in any report (V) an evaluation of the adequacy and ef- retary, Judicial Conference of the United submitted pursuant to Article 32 of the Con- fectiveness of the national legislative and States, transmitting, pursuant to law, the vention by a Contracting Party that is re- regulatory framework in place in the coun- report of a draft bill to create additional Ar- ceiving United States financial or technical try, including an assessment of the licensing ticle III judgeships and convert temporary assistance relating to the improvement of its system, inspection, assessment, and enforce- judgeships to permanent judgeships in the nuclear and radiological safety and security ment procedures governing the safety and se- U.S. court of appeals and district courts, re- practices. curity of nuclear facilities; ceived on March 26, 2003; to the Committee (2) COMPLETE REVIEW OF INFORMATION BY (VI) a description of the country’s on-site on the Judiciary. THE LEGISLATIVE BRANCH OF GOVERNMENT.— and off-site emergency preparedness; and EC–1789. A communication from the Pro- (A) UNDERSTANDING.—The United States (VII) the amount of financial and technical gram Manager, Bureau of Alcohol, Tobacco, understands that neither Article 36 nor any assistance relating to nuclear or radiological

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.048 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4629 safety or security improvement expended as By Mr. BINGAMAN (for himself and SUBMISSION OF CONCURRENT AND of the date of the report by the United Mrs. HUTCHISON): SENATE RESOLUTIONS States, including, to the extent feasible, an S. 752. A bill to amend the Internal Rev- The following concurrent resolutions itemization by nuclear facility, and the enue Code of 1986 to treat distributions from amount intended for expenditure by the and Senate resolutions were read, and publicly traded partnerships as qualifying in- referred (or acted upon), as indicated: United States on each such facility in the fu- come of regulated investment companies, ture. and for other purposes; to the Committee on By Mr. SUNUNU (for himself, Mr. (3) TREATY INTERPRETATION.—The Senate Finance. GREGG, Ms. SNOWE, and Ms. COLLINS): reaffirms condition (8) of the resolution of By Mr. HATCH (for himself, Mr. S. Res. 102. A resolution recognizing the ratification of the Document Agreed Among 40th anniversary of the sinking of the U.S.S. BREAUX, Mr. BAUCUS, and Mr. GRASS- the States Parties to the Treaty on Conven- Thresher (SSN 593); considered and agreed to. LEY): tional Armed Forces in Europe (CFE) of No- f vember 19, 1990 (adopted at Vienna on May S. 753. A bill to amend the Internal Rev- 31, 1996), approved by the Senate on May 14, enue Code of 1986 to provide for the mod- ADDITIONAL COSPONSORS ernization of the United States Tax Court, 1997, relating to condition (1) of the resolu- S. 91 tion of ratification of the Intermediate- and for other purposes; to the Committee on Finance. At the request of Mr. EDWARDS, his Range Nuclear Forces (INF) Treaty, ap- name was added as a cosponsor of S. 91, proved by the Senate on May 27, 1988. By Mr. FRIST: a bill to amend title 9, United States SEC. 3. DEFINITIONS. S. 754. A bill to amend the Public Health Code, to provide for greater fairness in As used in this resolution: Service Act to improve immunization rates (1) APPROPRIATE COMMITTEES OF CON- by increasing the distribution of vaccines the arbitration process relating to live- GRESS.—The term ‘‘appropriate committees and improving and clarifying the vaccine in- stock and poultry contracts. of Congress’’ means the Committee on For- jury compensation program, and for other S. 202 eign Relations of the Senate and the Com- purposes; to the Committee on Health, Edu- At the request of Mr. DEWINE, the mittee on International Relations of the cation, Labor, and Pensions. name of the Senator from New Hamp- House of Representatives. By Mr. BAUCUS (for himself, Mr. shire (Mr. GREGG) was added as a co- (2) CONTRACTING PARTY.—The term ‘‘Con- GRASSLEY, Mr. HATCH, Mr . THOMAS, sponsor of S. 202, a bill to amend the Mrs. LINCOLN, and Mr. ROCKEFELLER): tracting Party’’ means any nation that is a Internal Revenue Code of 1986 to allow party to the Convention. S. 755. A bill to amend the Internal Rev- as a deduction in determining adjusted (3) CONVENTION.—The term ‘‘Convention’’ enue Code of 1986 to provide a uniform defini- means the Convention on the Safety of Spent gross income that deduction for ex- tion of child, and for other purposes; to the penses in connection with services as a Fuel Management and on the Safety of Ra- Committee on Finance. dioactive Waste Management, done at Vi- By Mr. THOMAS (for himself and Mr. member of a reserve component of the enna on September 5, 1997 (Treaty Document GREGG): Armed Forces of the United States, to 1060948). allow employers a credit against in- (4) NUCLEAR FACILITY.—The term ‘‘nuclear S. 756. A bill to amend the Internal Rev- enue Code of 1986 to modify the qualified come tax with respect to employees facility’’ has the meaning given the term in who participate in the military reserve Article 2(f) of the Convention. small issue bond provisions; to the Com- components, and to allow a comparable (5) UNITED STATES INSTRUMENT OF RATIFICA- mittee on Finance. TION.—The term ‘‘United States instrument By Mr. CHAMBLISS (for himself, Mr. credit for participating reserve compo- of ratification’’ means the instrument of GRAHAM of South Carolina, Mr. nent self-employed individuals, and for ratification of the United States of the Con- MCCAIN, and Mr. ALLEN): other purposes. vention. S. 757. A bill entitled the ‘‘Guard and Re- S. 274 f serve Commanders Pay Equity Act’’; to the At the request of Mr. GRASSLEY, the Committee on Armed Services. name of the Senator from Texas (Mr. INTRODUCTION OF BILLS AND By Mr. LIEBERMAN (for himself, Ms. CORNYN) was added as a cosponsor of S. JOINT RESOLUTIONS SNOWE, Mr. DODD, Mr. ALLEN, Mrs. 274, a bill to amend the procedures that The following bills and joint resolu- CLINTON, Mr. HARKIN, and Mr. apply to consideration of interstate AKAKA): tions were introduced, read the first class actions to assure fairer outcomes and second times by unanimous con- S. 758. A bill to amend the Internal Rev- for class members and defendants, and sent, and referred as indicated: enue Code of 1986 to allow a credit against for other purposes. income tax for certain energy-efficient prop- By Mrs. CLINTON (for herself, Mr. erty; to the Committee on Finance. S. 349 SCHUMER, Mrs. FEINSTEIN, Ms. By Mr. DURBIN (for himself, Mr. AL- At the request of Mrs. FEINSTEIN, the LANDRIEU, Mrs. MURRAY, Ms. CANT- LARD, Mr. CONRAD, Mr. HARKIN, Mr. name of the Senator from California WELL, and Ms. COLLINS): JOHNSON, Mr. LEAHY, Mr. DORGAN, (Mrs. BOXER) was added as a cosponsor S. 749. A bill to authorize the Secretary of and Mr. JEFFORDS): the Interior to establish the Votes for of S. 349, a bill to amend title II of the Women History Trail in the State of New S. 759. A bill to amend the Internal Rev- Social Security Act to repeal the Gov- York; to the Committee on Energy and Nat- enue Code of 1986 to provide a tax credit for ernment pension offset and windfall ural Resources. individuals and businesses for the installa- elimination provisions. By Mr. MCCAIN (for himself, Mr. DODD, tion of certain wind energy property; to the S. 385 Committee on Finance. Mr. ALLEN, Mr. BREAUX, Mr. WARNER, At the request of Mr. EDWARDS, his By Mr. GRASSLEY (for himself, Mr. Mr. AKAKA, Mr. BENNETT, Mrs. LIN- name was added as a cosponsor of S. COLN, Ms. COLLINS, Mr. HOLLINGS, Mr. BAUCUS, Mr. DEWINE, Mr. DURBIN, 385, a bill to amend the Clean Air Act CHAFEE, Mr. FITZGERALD, Ms. Mr. GREGG, Mr. BINGAMAN, Mr. FEIN- LANDRIEU, Mr. BROWNBACK, Mr. GOLD, Ms. SNOWE, Mr. ROCKEFELLER, to eliminate methyl tertiary butyl CAMPBELL, Mr. HAGEL, Mr. ROBERTS, Mr. SANTORUM, and Mr. LEAHY): ether from the United States fuel sup- Mr. SARBANES, Mr. SMITH, and Ms. S. 760. A bill to implement effective meas- ply, to increase production and use of SNOWE): ures to stop trade in conflict diamonds, and renewable fuel, and to increase the Na- S. 750. A bill to amend title II of the Social for other purposes; to the Committee on Fi- tion’s energy independence, and for Security Act to increase the level of earn- nance. other purposes. ings under which no individual who is blind By Mrs. HUTCHISON: S. 413 is determined to have demonstrated an abil- ity to engage in substantial gainful activity S. 761. A bill to exclude certain land from At the request of Mr. NICKLES, the for purposes of determining disability; to the the John H. Chafee Coastal Barrier Re- name of the Senator from Oklahoma Committee on Finance. sources System; to the Committee on Envi- (Mr. INHOFE) was added as a cosponsor By Mr. BAUCUS (for himself, Mr. ronment and Public Works. of S. 413, a bill to provide for the fair By Mr. STEVENS: DASCHLE, Mr. JOHNSON, Mr. CAMP- and efficient judicial consideration of BELL, Mr. BINGAMAN, Mr. INOUYE, and S. 762. An original bill making supple- personal injury and wrongful death Mr. AKAKA): mental appropriations to support Depart- claims arising out of asbestos exposure, S. 751. A bill to amend part A of title IV of ment of Defense operations in Iraq, Depart- to ensure that individuals who suffer the Social Security Act to reauthorize and ment of Homeland Security, and Related Ef- improve the operation of temporary assist- forts for the fiscal year ending September 30, harm, now or in the future, from ill- ance to needy families programs operated by 2003, and for other purposes; from the Com- nesses caused by exposure to asbestos Indian tribes, and for other purposes; to the mittee on Appropriations; placed on the cal- receive compensation for their injuries, Committee on Finance. endar. and for other purposes.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.051 S01PT1 S4630 CONGRESSIONAL RECORD — SENATE April 1, 2003 S. 451 (Mrs. MURRAY) was added as a cospon- S. 712 At the request of Ms. SNOWE, the sor of S. 664, a bill to amend the Inter- At the request of Mr. MCCAIN, the names of the Senator from Oklahoma nal Revenue Code of 1986 to perma- name of the Senator from Georgia (Mr. (Mr. INHOFE) and the Senator from nently extend the research credit, to MILLER) was added as a cosponsor of S. South Dakota (Mr. DASCHLE) were increase the rates of the alternative in- 712, a bill to amend title 10, United added as cosponsors of S. 451, a bill to cremental credit, and to provide an al- States Code, to provide Survivor Ben- amend title 10, United States Code, to ternative simplified credit for qualified efit Plan annuities for surviving increase the minimum Survivor Ben- research expenses. spouses of Reserves not eligible for re- efit Plan basic annuity for surviving S. 669 tirement who die from a cause incurred spouses age 62 and older, to provide for or aggravated while on inactive-duty At the request of Ms. SNOWE, the a one-year open season under that training. names of the Senator from Florida (Mr. plan, and for other purposes. S. 718 GRAHAM), the Senator from Massachu- S. 457 At the request of Mr. MCCAIN, the setts (Mr. KENNEDY), and the Senator At the request of Mr. LEAHY, the names of the Senator from New Hamp- from Massachusetts (Mr. KERRY) were name of the Senator from Nebraska added as cosponsors of S. 669, a bill to shire (Mr. GREGG) and the Senator (Mr. NELSON) was added as a cosponsor from Georgia (Mr. MILLER) were added provide more child support money to of S. 457, a bill to remove the limita- as cosponsors of S. 718, a bill to provide families leaving welfare, to simplify tion on the use of funds to require a a monthly allotment of free telephone the rules governing the assignment and farm to feed livestock with organically calling time to members of the United distribution of child support collected produced feed to be certified as an or- States armed forces stationed outside by States on behalf of children, to im- ganic farm. the United States who are directly sup- prove the collection of child support, S. 480 porting military operations in Iraq or and for other purposes. At the request of Mr. HARKIN, the Afghanistan. S. 684 name of the Senator from Montana S. 718 (Mr. BURNS) was added as a cosponsor At the request of Mr. WYDEN, the At the request of Ms. COLLINS, her of S. 480, a bill to provide competitive name of the Senator from Minnesota name was added as a cosponsor of S. grants for training court reporters and (Mr. COLEMAN) was added as a cospon- 718, supra. closed captioners to meet requirements sor of S. 684, a bill to create an office S. 721 for realtime writers under the Tele- within the Department of Justice to At the request of Mr. ALLEN, the communications Act of 1996, and for undertake certain specific steps to en- names of the Senator from Montana other purposes. sure that all American citizens harmed (Mr. BURNS), the Senator from Alaska S. 518 by terrorism overseas receive equal (Mr. STEVENS), and the Senator from At the request of Ms. COLLINS, the treatment by the United States Gov- Georgia (Mr. MILLER) were added as co- name of the Senator from Rhode Island ernment regardless of the terrorists’ sponsors of S. 721, a bill to amend the (Mr. REED) was added as a cosponsor of country of origin or residence, and to Internal Revenue Code of 1986 to ex- S. 518, a bill to increase the supply of ensure that all terrorists involved in pand the combat zone income tax ex- pancreatic islet cells for research, to such attacks are pursued, prosecuted, clusion to include income for the pe- provide better coordination of Federal and punished with equal vigor, regard- riod of transit to the combat zone and efforts and information on islet cell less of the terrorists’ country of origin to remove the limitation on such ex- transplantation, and to collect the or residence. clusion for commissioned officers, and data necessary to move islet cell trans- S. 705 for other purposes. plantation from an experimental proce- At the request of Mr. MCCAIN, the S. 740 dure to a standard therapy. name of the Senator from Georgia (Mr. At the request of Mr. LIEBERMAN, the S. 544 CHAMBLISS) was added as a cosponsor of name of the Senator from North Da- At the request of Mr. DODD, the name S. 705, a bill to amend title 37, United kota (Mr. DORGAN) was added as a co- of the Senator from California (Mrs. States Code, to alleviate delay in the sponsor of S. 740, a bill to amend title BOXER) was added as a cosponsor of S. payment of the Selected Reserve reen- XVIII of the Social Security Act to im- 544, a bill to establish a SAFER Fire- listment bonus to members of Selected prove patient access to, and utilization fighter Grant Program. Reserve who are mobilized. of, the colorectal cancer screening ben- S. 554 S. 706 efit under the medicare program. At the request of Mr. GRASSLEY, the S. CON. RES. 6 At the request of Mr. MCCAIN, the name of the Senator from Texas (Mr. name of the Senator from Georgia (Mr. At the request of Ms. LANDRIEU, the CORNYN) was added as a cosponsor of S. name of the Senator from Nebraska CHAMBLISS) was added as a cosponsor of 554, a bill to allow media coverage of S. 706, a bill to amend title 10, United (Mr. HAGEL) was added as a cosponsor court proceedings. States Code, to provide Survivor Ben- of S. Con. Res. 6, a concurrent resolu- S. 558 efit Plan annuities for surviving tion expressing the sense of Congress At the request of Mr. MCCAIN, the spouses of Reserves not eligible for re- that a commemorative postage stamp should be issued in honor of Daniel name of the Senator from North Da- tirement who die from a cause incurred ONRAD ‘‘Chappie’’ James, the Nation’s first Af- kota (Mr. C ) was added as a co- or aggravated while on inactive-duty sponsor of S. 558, a bill to elevate the rican-American four-star general. training. position Director of the Indian Health S. CON. RES. 7 S. 709 Service within the Department of At the request of Mr. CAMPBELL, the Health and Human Services to Assist- At the request of Mrs. DOLE, the names of the Senator from Wisconsin ant Secretary for Indian Health, and names of the Senator from Tennessee (Mr. KOHL), the Senator from Maryland for other purposes. (Mr. FRIST) and the Senator from Wis- (Mr. SARBANES), and the Senator from S. 652 consin (Mr. FEINGOLD) were added as Massachusetts (Mr. KERRY) were added At the request of Mr. CHAFEE, the cosponsors of S. 709, a bill to award a as cosponsors of S. Con. Res. 7, a con- name of the Senator from Maine (Ms. congressional gold medal to Prime current resolution expressing the sense SNOWE) was added as a cosponsor of S. Minister Tony Blair. of Congress that the sharp escalation 652, a bill to amend title XIX of the So- S. 711 of anti-Semitic violence within many cial Security Act to extend modifica- At the request of Mr. MCCAIN, the participating States of the Organiza- tions to DSH allotments provided name of the Senator from Georgia (Mr. tion for Security and Cooperation in under the Medicare, Medicaid, and MILLER) was added as a cosponsor of S. Europe (OSCE) is of profound concern SCHIP Benefits Improvement and Pro- 711, a bill to amend title 37, United and efforts should be undertaken to tection Act of 2000. States Code, to alleviate delay in the prevent future occurrences. S. 664 payment of the Selected Reserve reen- S. CON. RES. 26 At the request of Mr. BAUCUS, the listment bonus to members of Selected At the request of Ms. LANDRIEU, the name of the Senator from Washington Reserve who are mobilized. names of the Senator from California

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.053 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4631 (Mrs. BOXER) and the Senator from STATEMENTS ON INTRODUCED ney. For young children and older Minnesota (Mr. COLEMAN) were added BILLS AND JOINT RESOLUTIONS Americans alike, it would serve as an as cosponsors of S. Con. Res. 26, a con- By Mrs. CLINTON (for herself, important reminder of how very far we current resolution condemning the Mr. SCHUMER, Mrs. FEINSTEIN, have come. The National Park Service has al- punishment of execution by stoning as Ms. LANDRIEU, Mrs. MURRAY, ready conducted a feasibility study a gross violation of human rights, and Ms. CANTWELL, and Ms. COL- about this trail. Their study concluded for other purposes. LINS): S. CON. RES. 27 S. 749. A bill to authorize the Sec- that the Votes for Women’s History At the request of Mr. BOND, the retary of the Interior to establish the Trail is of historical value, national names of the Senator from Wyoming Votes for Women History Trail in the significance, and possesses significant (Mr. THOMAS) and the Senator from State of New York; to the Committee potential for public use and enjoyment. Georgia (Mr. MILLER) were added as co- on Energy and Natural Resources. The study examined over 300 properties sponsors of S. Con. Res. 27, a concur- Mrs. CLINTON. Mr. President, today, and narrowed the list to the 20 of the rent resolution urging the President to I am introducing the Votes for Wom- most significant and easily accessible request the United States Inter- en’s History Trail Act today in honor to the public. national Trade Commission to take of Women’s History Month. I recognize I am proud to introduce this bill on certain actions with respect to the that this is a very difficult time in the behalf of Senators SCHUMER, FEINSTEIN, temporary safeguards on imports of history of our country. Our brave sol- LANDRIEU, CANTWELL, and MURRAY, and certain steel products, and for other diers are putting their lives on the line STABENOW. I look forward to working purposes. in a war halfway around the world. At with them and so many of my other S. CON. RES. 31 times like this it is important to re- colleagues to make the Votes for Wom- At the request of Mr. LIEBERMAN, the member our pioneers, the people who en’s History Trail a reality. names of the Senator from Pennsyl- fought for equality and liberty for all By Mr. MCCAIN (for himself, Mr. vania (Mr. SANTORUM), the Senator Americans. Their courage should serve DODD, Mr. ALLEN, Mr. BREAUX, from Colorado (Mr. ALLARD) and the as an inspiration at troubling times Mr. WARNER, Mr. AKAKA, Mr. Senator from Ohio (Mr. VOINOVICH) like these. were added as cosponsors of S. Con. The Votes for Women’s History Trail BENNETT, Mrs. LINCOLN, Ms. Res. 31, a concurrent resolution ex- Act would create a moving memorial COLLINS, Mr. HOLLINGS, Mr. pressing the outrage of Congress at the to the women’s suffrage movement in CHAFEE, Mr. FITZGERALD, Ms. treatment of certain American pris- upstate New York, home to many of LANDRIEU, Mr. BROWNBACK, Mr. oners of war by the Government of the most notable figures and events in CAMPBELL, Mr. HAGEL, Mr. ROB- Iraq. the fight for women’s suffrage. The ERTS, Mr. SARBANES, Mr. SMITH, and Ms. SNOWE): S. CON. RES. 31 Women’s Rights movement began in S. 750. A bill to amend title II of the At the request of Mr. LUGAR, his 1848 when the first Women’s Rights Social Security Act to increase the name was added as a cosponsor of S. Convention occurred in Seneca Falls, level of earnings under which no indi- Con. Res. 31, supra. NY. Although this convention was vidual who is blind is determined to AMENDMENT NO. 429 planned on very short notice, more have demonstrated an ability to engage At the request of Mr. ROCKEFELLER, than 300 people descended on Seneca in substantial gainful activity for pur- his name was added as a cosponsor of Falls to challenge the subordination of poses of determining disability; to the amendment No. 429 proposed to S. Con. women to men and call for equal Committee on Finance. Res. 23, an original concurrent resolu- rights. After the Seneca Falls convention, Mr. MCCAIN. Mr. President, I rise tion setting forth the congressional today to introduce an important piece budget for the United States Govern- the women’s movement, lead in large part by Elizabeth Cady Stanton and of legislation, which will have a tre- ment for fiscal year 2004 and including mendous impact on the lives of blind the appropriate budgetary levels for Susan B. Anthony, continued their ef- forts to break down barriers for people throughout the country. In 1996, fiscal year 2003 and for fiscal years 2005 with the passage of the Senior Citizens through 2013. women. At times, they suffered major setbacks. Susan B. Anthony was ar- Freedom to Work Act, Congress broke AMENDMENT NO. 429 rested when she tried to vote by claim- the historic 20-year link between blind At the request of Mr. LEAHY, his ing that the 14th amendment entitled people and senior citizens in regards to name was added as a cosponsor of her to as a ‘‘citizen.’’ In 1875, the the Social Security earnings. Pre- amendment No. 429 proposed to S. Con. United States Supreme Court upheld viously, that linkage to earnings limits Res. 23, supra. the decision, forcing the women’s helped many blind people become self- AMENDMENT NO. 429 movement to pursue a different strat- sufficient and productive members of At the request of Ms. MIKULSKI, her egy. They were undeterred and society. name was added as a cosponsor of launched statewide campaigns for vot- The Senior Citizens Freedom to Work amendment No. 429 proposed to S. Con. ing rights for women. Their efforts Act raised the earnings limit for sen- Res. 23, supra. eventually paved the way for the pas- iors, without giving blind people the AMENDMENT NO. 429 sage of the 19th amendment in 1920—72 same opportunity. My intent when I At the request of Mr. FEINGOLD, his years after the first Women’s Rights sponsored that legislation was not to name was added as a cosponsor of Convention. break the link between blind people amendment No. 429 proposed to S. Con. These pioneers believed that women and the senior population. Since then, Res. 23, supra. ought to be full and equal partners in I have worked with a bipartisan group AMENDMENT NO. 429 the social, cultural, religious, eco- of senators, in the spirit of fairness, to At the request of Mr. LAUTENBERG, nomic, educational, and political life. ensure that the blind population re- his name was added as a cosponsor of To a large degree, their vision has been ceives a raise in earnings limits, simi- amendment No. 429 proposed to S. Con. realized. But the journey is not com- lar to that afforded to seniors under Res. 23, supra. plete. Women still earn only $.73 for the 1996 Act. We must not continue AMENDMENT NO. 429 every dollar earned by men. They are policies which discourage blind individ- At the request of Mrs. BOXER, her still underrepresented in the highest uals from working and contributing to name was added as a cosponsor of levels of virtually every occupation our nation. I believe we should provide amendment No. 429 proposed to S. Con. and field, including the United States blind people with the opportunity to be Res. 23, supra. Congress. productive and ‘‘make it’’ on their AMENDMENT NO. 429 The Votes for Women’s History Trail own. At the request of Mr. DAYTON, his Act would create a fitting tribute to Today I am joined by my good friend name was added as a cosponsor of this critical period in our history and Senator DODD, and a bipartisan group amendment No. 429 proposed to S. Con. to the people whose strength and clar- of senators, in introducing the Blind Res. 23, supra. ity of vision led us through the jour- Empowerment Act of 2003. This bill is

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.055 S01PT1 S4632 CONGRESSIONAL RECORD — SENATE April 1, 2003 similar in purpose to the Blind Per- uitable treatment for our blind citizens past, the ‘‘Blind Empowerment Act of son’s Earnings Equity Act, which I and to give the blind community in- 2003.’’ This legislation would restore sponsored in previous Congresses. Over creased financial independence. Our the 20-year link between blind people a five year period of time, the Blind Nation would be better served if we re- and senior citizens with respect to the Empowerment Act raises the earnings store hope for the blind and provide Social Security earnings limit. It will exemption for blind persons to afford them with the freedom, opportunities have a tremendous impact on the lives them with greater flexibility to and fairness afforded to our Nation’s of many blind people, helping them be- achieve their professional and personal seniors. come more self-sufficient and produc- goals, without sacrificing Social Secu- I ask unanimous consent that the tive members of society. rity benefits. text of the Blind Empowerment Act of Today there are nearly 1.1 million The earnings test treatment of our 2003 be printed in the RECORD. Americans who are blind, with 75,000 blind and senior populations histori- There being no objection, the bill was more becoming blind each year. With cally has been identical. From 1977, ordered to be printed in the RECORD, as today’s technology, blind and visually- blind persons and senior citizens shared follows: impaired individuals can do just about the identical earnings exemption S. 750 anything. Blind people today are em- threshold under Title II of the Social Be it enacted by the Senate and House of Rep- ployed as farmers, lawyers, secretaries, Security Act. The earnings limit for resentatives of the United States of America in nurses, managers, childcare workers, the blind is currently $1,330 a month Congress assembled, social workers, teachers, librarians, for fiscal year (FY) 2003, had the link SECTION 1. SHORT TITLE. stockbrokers, accountants, and jour- not been broken in the Senior Citizens The Act may be cited as the ‘‘Blind Em- nalists, among many other things. The Freedom to Work Act, it would be powerment Act of 2003’’. Federal Government should do all $2,560 today. Senior citizens are now SEC. 2. INCREASE IN AMOUNT DEMONSTRATING within its power to facilitate and en- given unlimited opportunity to in- SUBSTANTIAL GAINFUL ACTIVITY IN courage the blind and visually-im- THE CASE OF BLIND INDIVIDUALS. paired to enter the workforce. Many crease their earnings without losing a Section 223(d)(4) of the Social Security Act portion of their Social Security bene- (42 U.S.C. 423(d)(4)) is amended— public and private initiatives provide fits. The blind, however, have been left (1) by striking the second sentence of sub- the technical advancement necessary behind. paragraph (A); and to educate and employ the blind at the The Social Security earnings test im- (2) by adding at the end the following new same level as their sighted peers. For poses as great a work disincentive for subparagraph: example, the National Federation of blind people as it once did for senior ‘‘(C)(i) No individual who is blind shall be the Blind, NFB, has created an insti- citizens. In fact, the earnings test prob- regarded as having demonstrated an ability tute to utilize technological advance- ably provides a greater aggregate dis- to engage in substantial gainful activity on ments for the blind in an effort to pro- the basis of monthly earnings in any taxable incentive for blind individuals because year that do not exceed an amount equal mote employment of the blind through- many blind beneficiaries are of work- to— out the nation. The NFB helps employ- ing age and are capable of valuable and ‘‘(I) in the case of earnings in the taxable ers provide adaptive technology, con- productive work. year beginning after December 31, 2002, and sultation, and training so that they Blindness is often associated with ad- before January 1, 2004, $1,330 per month; can better accommodate the needs of verse social and economic con- ‘‘(II) in the case of earnings in the taxable blind and visually-impaired employees. sequences. Many blind individuals who year beginning after December 31, 2003, and In 1996, Congress passed the Senior desperately want to work encounter before January 1, 2005, $1,720 per month; Citizens Freedom to Work Act, which ‘‘(III) in the case of earnings in the taxable broke the longstanding linkage be- enormous obstacles to achieve sus- year beginning after December 31, 2004, and tained employment or any employment before January 1, 2006, $2,110 per month; tween the treatment of blind people at all. They take great pride in being ‘‘(IV) in the case of earnings in the taxable and seniors under Social Security. This able to work and contribute to society. year beginning after December 31, 2005, and allowed the earnings limit to be raised By linking the blind with seniors in before January 1, 2007, $2,500 per month; and for seniors, but not for the blind. As a 1977, Congress provided a great deal of ‘‘(V) in the case of earnings in taxable result, blind people do not have the op- hope and an incentive for blind people years beginning after December 31, 2006, the portunity to increase their earnings to enter the work force. By not allow- dollar amount determined for purposes of without jeopardizing their Social Secu- this clause under clause (ii). rity benefits. In 2002, that limit was at ing blind individuals the opportunity ‘‘(ii) The Commissioner of Social Security to increase their earnings, as we have shall, on or before November 1 of 2006 and of $14,800. If a blind individual earns more for senior citizens, we are now taking every year thereafter, determine and publish than that, his or her Social Security that hope away from them. in the Federal Register the monthly dollar benefits are not protected. Blind people are likely to respond fa- amount for purposes of clause (i) in the case The purpose of the Senior Citizens vorably to an increase in the earnings of taxable years beginning with or during the Freedom to Work Act was to allow sen- test by working more, which will in- succeeding calendar year. Such dollar iors to continue contributing to soci- crease their tax payments and pur- amount shall be the larger of— ety as productive workers while still chasing power allowing the blind to ‘‘(I) the monthly dollar amount in effect receiving social security benefits. His- under clause (i) for taxable years beginning make a greater contribution to the with or during the calendar year in which torically, the earnings test treatment general economy. In addition, encour- the determination under this clause is made, of seniors and blind people has been aging blind individuals to work and al- or identical under Title II of the Social lowing them to work more without ‘‘(II) the product of $2,500 and the ratio of Security Act. With this legislation, we being penalized would bring additional the national average wage index (as defined must do the same for the blind popu- revenue into the Social Security trust in section 209(k)(1)) for the calendar year be- lation of America as we have done for funds as well as the federal Treasury. fore the year in which the determination the seniors. We must provide blind peo- I hope that this Congress will finally under this clause is made to the national av- ple the same opportunity to be produc- address issues regarding the overall erage wage index (as so defined) for 2004, with such product, if not a multiple of $10, tive and contribute to their own sta- structure of the Social Security system being rounded to the next higher multiple of bility. We must not discourage these and work towards solutions that will $10 where such amount is a multiple of $5 but individuals from working. strengthen the system for seniors of not of $10 and to the nearest multiple of $10 The current earnings test provides a today and tomorrow without placing in any other case.’’. disincentive for the blind population, an unfair burden on working Ameri- SEC. 3. EFFECTIVE DATE. many of whom are working age and ca- cans. It is absolutely crucial that we The amendments made by this Act shall pable of productive work. Work pro- include raising the earnings test for apply with respect to taxable years begin- vides one of the fundamental ways in- blind individuals as a part of any So- ning after December 31, 2002. dividuals express their talents and cial Security bill we enact this year. Mr. DODD. Mr. President, I rise allow them to make a contribution to I urge each of my colleagues to join today with my colleague from Arizona, society and to their loved ones. Blind me in sponsoring the Blind Empower- Senator JOHN MCCAIN, to reintroduce individuals face constant hurdles when ment Act of 2003, to restore fair and eq- legislation that we’ve sponsored in the it comes to employment. Parents,

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.062 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4633 teachers, or counselors may tell them One often overlooked important as- an important provision to allow States they can’t do it. Employers sometimes pect of the 1996 law is that it didn’t the same flexibility in designing wel- don’t even give them the opportunity just devolve authority to States—it fare-to-work programs on high unem- to try. But blind people and others also permitted Indian tribes to operate ployment reservations that tribes gain with severe visual impairments take their own welfare programs for the when they operate TANF programs. We great pride in being able to work, just first time. The new welfare program, must ensure all Indian families are like the rest of us. They are likely to Temporary Assistance for Needy Fami- able to get help when they need it. respond favorably to an increase in the lies, TANF, is very flexible. Tribes can Finally, there is the all-important earnings test because they want to take advantage of that flexibility to issue of economic development. A Gen- work. We don’t want to create yet an- design culturally-appropriate programs eral Accounting Office review of Cen- other hurdle to employment for blind to move people from welfare to work. sus Bureau data found that 25 of the 26 individuals with the Social Security This is smart policy and is consistent counties in the U.S. with a majority of earnings test. By allowing those with with the important value of tribal sov- American Indians had poverty rates visual impairments to work more with- ereignty. I support it. ‘‘significantly’’ higher than average. out penalty, we would increase both My own State of Montana is home to Welfare reform is about moving people their tax contribution and their pur- several tribes and I have given much to work. On most of our Indian reserva- chasing power. By doing so we would thought to how we can build upon the tions there is simply far too little work also bring additional funds into the So- provisions of the 1996 welfare law to to be had. Like everyone else, Indians cial Security trust fund and the Fed- help them and their members. Too want to work. We need to do better in eral Treasury. often in Montana—and elsewhere—pov- giving them the opportunity. I urge my colleagues to join me in erty has an Indian face. The numbers This legislation provides tribes with sponsoring this important legislation are cold and hard. According to the an expanded authority to issue bonds, to restore the fair and equal treatment Census Bureau, 25.9 percent of Amer- which will encourage additional eco- for the blind citizens of America. The ican Indians live in poverty, more than nomic activity on reservations, such as ‘‘Blind Empowerment Act of 2003’’ will twice the national poverty rate. The housing construction. This means more provide the blind population with the average household income for Indians jobs, as well as a better quality of life. same freedom and opportunities as our in 2000 was only 75 percent of that of It also includes grants to help tribes Nation’s seniors and the rest of the the rest of Americans. This is simply improve their own economic develop- citizens of this nation. not right. We must do better. Welfare ment strategies. Tribes with uniform reform needs to work for everyone. commercial codes and effective micro- By Mr. BAUCUS (for himself, Mr. Luckily, the provisions of the 1996 enterprise programs can see more busi- DASCHLE, Mr. JOHNSON, Mr. law provide a good start. Now we must ness activity on their lands. This bill CAMPBELL, Mr. BINGAMAN, Mr. build upon them. The legislation I in- helps tribes helps themselves. We need INOUYE, and Mr. AKAKA): troduce today, the product of extensive to let Indians find their own way to S. 751. A bill to amend part A of title dialogue and consultation, does that in prosperity, not impose top-down strat- IV of the Social Security Act to reau- several important ways. egies. But we must make sure they thorize and improve the operation of First, more than 30 tribes—including have the tools to get there. temporary assistance to needy families the Confederated Salish-Kootenai and This is an important bill. It includes programs operated by Indian tribes, Fort Belknap tribes of Montana—have other key provisions. One is a fine bill and for other purposes; to the Com- taken advantage of the opportunity to originally introduced by Senators mittee on Finance. operate their own TANF programs. DASCHLE and MCCAIN to allow tribes to Mr. BAUCUS. Mr. President, today, I This bill contains provisions to help receive direct Federal reimbursement am re-introducing the American Indian those tribes improve their programs. for operating foster care programs. An- Welfare Reform Act, an important step For example, under current law, tribes other provision funds research on trib- in improving the lives of this country’s operating TANF are not eligible for the al welfare reform programs so we can Native Americans. I originally intro- TANF high performance bonus or the learn what works as well as providing duced this bill last year and worked to TANF contingency fund while state funds for ‘‘peer-learning’’ so that tribes include important elements of it in the TANF programs are. This oversight is can learn from one another. I am a welfare reform reauthorization bill ap- rectified by this bill. strong supporter of welfare reform. We proved by the Finance Committee. Un- Second, there are many tribes inter- need to make sure it works for every- fortunately, we did not finish work on ested in operating TANF programs who one. This bill does that. welfare reform reauthorization. So I do not believe the current set-up allows I ask unanimous consent that a sum- am again offering this bill, with some them to do so. They want to exercise mary of the legislation be printed in improvements based on advice from their sovereignty and adapt their pro- the RECORD. tribes and other experts. I am glad to gram to better fit the needs of their There being no objection, the addi- be joined by Senators DASCHLE, JOHN- people. We should help them do so. To tional material was ordered to be SON, CAMPBELL, BINGAMAN, INOUYE, and that end, I propose creating a new printed in the RECORD, as follows: AKAKA. grant fund to improve tribal govern- SUMMARY OF THE AMERICAN INDIAN WELFARE In 1996 we enacted a sweeping welfare mental capacity. We have funded State REFORM ACT reform law. It was a long past-due fun- administrative capacity for decades, 1. FINDINGS damental change and ended a failed helping States buy computer systems The Federal Government bears a unique system for helping low-income families and train workers. We should do the trust responsibility for American Indians. in America. I was a strong supporter of same for tribal human services admin- Despite this responsibility, Indians remain that law. This year, we continue to istration. Under this bill, a tribe which remarkably impoverished. According to the work to reauthorize it. As we in the Fi- wants to operate TANF but needs to Census Bureau, 25.9 percent of American In- nance Committee have reviewed the dians live in poverty, more than twice the upgrade its computers to do it could re- national poverty rate. The average house- evidence I have been struck by how ceive the funding it needs—which will hold income for Indians in 2000 was only 75 successful it has been. The ranks of enable it to take over TANF. percent of that of the rest of Americans. In those dependent on welfare in this Third, there are some tribes not in- some states with substantial Indian popu- country has been reduced by half in terested in running a TANF program or lations the welfare caseload has become in- just five years. There is more to be a long time from being able to do it. creasingly Indian because some Indians face done, of course. Child poverty has de- Their low-income families will con- substantial barriers in moving from welfare clined but not by as much as the fall in tinue to receive assistance from State to work. A General Accounting Office review the welfare caseload, for example. I programs. I have included provisions to of Census Bureau data found that 25 of the 26 counties in the U.S. with a majority of plan to work with my Finance Com- facilitate State-tribe dialogue in these American Indians had poverty rates ‘‘signifi- mittee colleague Senator GRASSLEY on cases so that the state can better un- cantly’’ higher than average. Further, many comprehensive legislation to renew and derstand the unique circumstances of Indian tribes are located in isolated rural improve the 1996 law. each Indian reservation. There is also areas, far from economic opportunity. Tribal

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Temporary Assistance for Needy Families, III. TRIBAL TANF HIGH PERFORMANCE BONUS need is particularly acute given the remote TANF, programs have demonstrated remark- AND CONTINGENCY FUND ACCESS nature of many reservations. To assist Indi- able success in moving Indians from welfare There are separate sources of funding with- ans in acquiring reliable automobiles, a $10 to work. Tribal governments have not been in TANF that tribes do not have the ability million per year grant program would be cre- afforded equal opportunity to administer fos- to access. To better support tribal TANF ated, beginning in FY 2004. Tribes would be ter care and adoption assistance programs. programs, 3 percent of the current TANF given priority in receiving grants to create Welfare reform has not brought enough ‘‘high performance’’ bonus—or $6 million/ car ownership assistance programs. This pro- change to Indian Country. year—would be reserved for distribution to gram is based on a proposal originally put 2. THE TRIBAL TANF IMPROVEMENT FUND tribal TANF programs. The criteria would be forward by Senator Jeffords. The 1996 welfare reform law permits tribes determined by HHS through consultation V. TRIBAL JOB TRAINING PROGRAMS to opt to operate their own Temporary As- with tribes, but should involve effectiveness There are currently two tribal job training sistance for Needy Families, TANF, pro- in moving TANF recipients into employment programs, the NEW program and Welfare-to- grams. A new Tribal TANF Improvement and self-sufficiency. In addition, $50 million Work grantees. To simplify and better co-or- Fund of $500 million, to be available for 5 of the $2 billion TANF Contingency fund dinate programs, a new Tribal Employment years, would be created to build upon these would be reserved for tribal TANF programs Services Program, TESP, would be created programs and allow more tribes to start operating in situations of increased eco- in the Department of Labor by combining them. It would have four parts: nomic hardship. The criteria for tribal access the two programs. It would be funded at $37 Tribal Capacity Grants. State governments to the Contingency Fund would also be de- million annually and distributed to current have benefitted from decades of federal in- termined by HHS through consultation with Tribal NEW and Welfare-to-Work grantees as vestment in their administrative capacity, the tribes, but would include a worsening well as new applicants. TESP funds could be particularly in their information manage- economic condition, loss of reservation em- used for employment training efforts for ment systems. $185 million of the Fund ployers, or a loss of state match funding. In those on, or at-risk of being on, public assist- would be reserved for grants to improve trib- addition, current restrictions on the use of ance. Tribes could also use the funds to as- al human services program infrastructure, ‘‘carryover’’ TANF funds would be elimi- sist non-custodial parents of children on, or with a priority for management information nated, permitting tribes to spend prior year at risk of being on, public assistance. To en- systems and training. Tribes applying to op- TANF funds with just as much flexibility as courage state-tribal partnerships, TANF erate TANF would be given priority. Tribes current year TANF funds. funds transferred to tribal TESP programs already operating TANF, applying to operate IV. ECONOMIC DEVELOPMENT would be governed by TESP rules, not TANF IV-E foster care programs with direct federal There are four elements in the bill to stim- rules. The bill also clarifies that the single funding, and operating the new consolidated ulate more economic activity on economi- plan, single budget, and single reporting re- tribal job training program would also be eli- cally-depressed reservations. quirements of PL 102–477 should be respected. gible for grants. HHS would be required to Expanded tribal authority to issue tax-ex- VI. TRIBAL CHILD CARE assure that tribes of all sizes received fund- empt private activity bonds. Currently, The availability and quality of child care ing and to maximize the number of tribes tribes have a limited authority to issue pri- is basic to the success of welfare reform. which receive funding. Tribes would be eligi- vate activity bonds for ‘‘essential’’ govern- Tribal welfare reform efforts are no excep- ble for one grant per year. mental functions and for certain manufac- tion. The tribal set-aside within the Child Adjusted Tribal TANF Grants. Tribes turing-related purposes. This provision Care and Development Block Grant, CCDBG, which take over operation of TANF often ex- would allow bonds to be used for residential would be increased to 5 percent to better perience significant increases in caseload as rental properties and qualified mortgage support tribal welfare reform programs. HHS poor families apply for help for the first time bonds, spurring construction. In addition, would be required to go through a negotiated because they are more comfortable asking tribes could allocate authority for financing rulemaking process, in consultation with assistance from the tribe or simply because businesses that would qualify as enterprise tribal representatives, to determine an equi- they are more able to access services. Yet zone businesses if the reservation were a table allocation of the base funding among tribal TANF allocations are based on esti- zone. All property financed would have to be tribes. In addition, each tribe receiving mates of Indians served by state programs in on the reservation of the issuing tribal gov- CCDBG funding would develop their own 1994, which can leave the tribe facing funding ernment and qualified tribal governments health and safety standards, subject to ap- levels which are too low. To better support would have to have an unemployment rate of proval of HHS. Tribal child care programs families in tribal TANF programs, $140 mil- at least 20 percent. Casinos and certain other would have additional authority to use funds lion of the fund would be reserved for grants forms of businesses could not be financed by for construction and renovation. to tribal TANF programs where the tribe can the bonds. The authority would be for cal- VII. ‘‘EQUITABLE ACCESS’’ demonstrate it has a significantly higher endar years 2004–2008, and up to $10 million Many American Indians are—and will con- true caseload than originally estimated. total would be available for each qualifying tinue to be—served by state TANF programs. Tribes with cash assistance caseloads two tribe. years after beginning operation of a TANF Tribal Development Grants. A key part of States will be required to consult with tribes program which are 20 percent higher than tribal economic development is the invest- within their borders on TANF state plans. originally estimated would be eligible for ad- ment climate on the reservation. Tribes with Under current law, states are required to ditional funding. The funds would be allo- clear legal codes and which encourage micro- provide ‘‘equitable access’’ to services for In- cated proportionate to a tribe’s size and enterprise activities are more likely to gen- dians. State and tribal TANF plans would be service population as well as the caseload in- erate economic growth. To facilitate this, required to describe how ‘‘equitable access’’ crease, on the basis of a formula to be deter- the Administration for Native Americans is provided to encourage better State-tribal mined by HHS in consultation, by region, within HHS would receive $50 million to dis- co-operation. HHS would also be required to with tribes. The funding level would be $35 tribute in grants to tribes, tribal organiza- include in the annual TANF report to Con- million per year, from FY 2004–2007. tions and non-profit organizations to provide gress state-specific information on the demo- Tribal TANF MOE Incentive. A key factor technical assistance to tribes in the areas of: graphics and caseload characteristics of Indi- in tribes being able to operate TANF pro- Development and improvement of uniform ans served by state TANF programs. In addition, HHS would be required to con- grams has been the willingness and ability of commercial codes; creating or expanding vene a new advisory committee on the status states to contribute funding as part of the small business or micro-enterprise programs; of non-reservation Indians. Too little is broader state maintenance of effort, MOE, development and improvement of tort liabil- known about how these Indians are faring. requirement. To encourage states to do this, ity codes; creating or expanding tribal mar- The committee is to make recommendations up to an additional $160 million would be keting efforts; for-profit collaborative busi- for ensuring these Indians receive appro- available for ‘‘rebates’’ of TANF funds to ness networks; and telecommunications. states which provide MOE support to tribal Job Access and Reverse Commute Grants. priate assistance. The committee would in- TANF programs. For each $1 in MOE funds A lack of transportation often hinders tribal clude federal, state, and tribal representa- provided, the federal government would pro- economic development. To help address this tives as well as representatives of Indians vide an additional 50 cents in TANF funding need, tribes would be made directly eligible not residing on reservations. A majority of to the state. If funding is insufficient, HHS to receive Job Access and Reverse Commute those on the committee would be representa- would provide pro-rata funding to ensure grants from the federal Department of tives of Indians not residing on reservations. each state contributing MOE receives a Transportation, which would permit tribes GAO would also be required to conduct a share of the incentive funds. to pursue innovative TANF strategies study of the demographics of Indians not re- Technical Assistance. HHS would receive around transportation. A tribal set-aside of 3 siding on reservations, including economic $15 million to provide technical assistance to percent would be established in the program. and health information, as well as reviewing tribes. At least $5 million of these funds Matching funds could be provided by tribes their access to public benefits. would be reserved to support peer-learning on an in-kind basis or with other federal VIII. ‘‘JOBLESSNESS’’ programs among tribal administrators and funds, such as TANF. As acknowledged by the 1996 welfare law, at least $5 million would be reserved for Transportation Grants. A lack of transpor- the federal time limit on assistance is not an grants to tribes to conduct feasibility stud- tation also often hinders individual Indians appropriate policy on Indian reservations ies of their capacity to operate TANF. from moving from welfare-to-work. This with severe unemployment. This provision

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.056 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4635 would be adjusted so that the time limit will dian Country, much remains unknown about major U.S. stock exchanges; 14 of these not apply during months where the jobless- how it has impacted Native Americans. companies are headquartered in my ness is above 20 percent, provided that TANF Therefore, $2 million would be provided to home State, Texas. recipients are not in sanction status. In addi- HHS for research on tribal welfare programs Unfortunately, tax laws have not re- tion, in these areas of high joblessness, and efforts to reduce poverty among Amer- flected this change in the business and states would have flexibility to define work ican Indians in general. These funds could activities required for TANF participants, also be used to assist tribes in collecting financial worlds. Mutual funds are still provided the recipient is participating in ac- data. To expend the funds, HHS would first restricted in how much they can invest tivities in accordance with an Individual Re- have to issue a planned course of research in any partnership, including those sponsibility Plan and the state has included and consultation with the tribes. Research that are publicly traded. This signifi- information in its state plan describing its funding applicants which propose to include cantly impedes the ability of these policies in Indian Country areas of high job- tribal governments and tribal colleges in companies to raise capital. It limits lessness, Tribal TANF programs already their work would have priority. their ability to grow and create jobs. have flexibility in work activity definition. Publicly traded partnerships play an IX. ALASKA PROVISIONS By Mr. BINGAMAN (for himself important role in the economy. About The 1996 limits the ability of tribes in and Mrs. HUTCHISON): half are in the energy sector, actively S. 752. A bill to amend the Internal Alaska to design and operate programs. involved in building and operating in- Revenue Code of 1986 to treat distribu- These provisions involving differential treat- frastructure to gather, process and ment for Alaskan Natives, such as those re- tions from publicly traded partnerships quiring tribal TANF programs to be ‘‘com- transport oil and natural gas. These as qualifying income of regulated in- partnerships also include timber and parable’’ to the state program, would be re- vestment companies, and for other pur- moved. real estate companies. It is clear we poses; to the Committee on Finance. need a healthy energy sector to ensure X. TRIBAL FOSTER CARE PROGRAMS Mr. BINGAMAN. Mr. President, I rise the availability of oil and gas at rea- Due to a long-standing oversight, tribes today with my colleague from Texas, are not allowed to receive direct federal re- sonable prices. Senator HUTCHISON to introduce legis- imbursement when they operate foster care The bill Senator BINGAMAN and I in- programs to take care of abused and ne- lation that will allow publicly traded troduce today will lead to a dramatic glected children. The provisions of S. 331, the partnerships to sell their stock to mu- increase in the flow of capital to these Daschle-McCain legislation to rectify this tual funds so they can raise sufficient companies. Mutual funds, which often oversight and allow tribes to receive direct capital for new investments in pipe- purchase a majority of equity offer- federal funding to operate foster care pro- lines and infrastructure. Because of ings, will be able to participate in grams, are included. current restrictions, publicly traded stock offerings from publicly traded XI. FOOD STAMPS, MEDICAID, AND SCHIP partnerships are hindered in their abil- partnerships. This will expand the in- Up to 10 tribes operating TANF programs ity to sell their equity to mutual funds vestor base and lower the cost of cap- could receive waivers to perform eligibility even though their equity is sold on ital, ultimately helping to lower en- determinations and/or operate Food Stamps, public exchanges. The overwhelming Medicaid, and the State Children’s Health ergy prices. Insurance Program, SCHIP, as well. Match- majority of these partnerships are en- Our bill will also provide millions of ing requirements could be waived but not ergy-related companies that need the investors an opportunity, through their program integrity requirements. In addition, ability to raise capital from mutual mutual funds, to participate in another the programs would remain consistent with funds to build pipelines and other fa- investment opportunity if their profes- state rules. However, tribes would be able to cilities. This legislation would be a sional mutual fund managers believe it demonstrate their ability to operate these strong shot in the arm for the economy is an attractive investment. programs and to serve low-income Indian as it encourages companies to begin It is wrong for the Federal Govern- families better. new projects that are currently on hold ment to use the tax code to make deci- XII. CHILD SUPPORT ENFORCEMENT for lack of capital. It also provides us sions for investors. The bill we are in- HHS would be required to promulgate final with the ability to expand our pipeline troducing will modernize our tax laws regulations concerning tribal child support so families can make their own finan- programs within one year of enactment. In network to meet our current demands addition, HHS would be required to submit a for natural gas. I look forward to work- cial planning decisions. This legisla- report to Congress on the most appropriate ing with my colleagues to advance this tion will also provide an important ways of including tribal programs in the important legislation. source of capital for key areas of the methodology of determining child support Mrs. HUTCHISON. Mr. President, I economy. I hope my colleagues will incentive payments. am pleased to introduce a bill with support this long overdue improve- XIII. ‘‘BREAK THE CYCLE’’ DEMONSTRATION Senator BINGAMAN that takes an im- ment. PROGRAM portant step toward modernizing the By Mr. HATCH (for himself, Mr. Inter-generational poverty is a frequent Internal Revenue Code. occurrence on Indian reservations. In an ef- Decades ago, investment companies BREAUX, Mr. BAUCUS, and Mr. fort to reach the children of TANF recipi- RASSLEY): which manage mutual funds were lim- G ents, a ‘‘Break the Cycle’’ demonstration S. 753. A bill to amend the internal program would be created. Up to 10 tribes ited in the amount of income they Revenue Code of 1986 to provide for the would receive grants to develop programs could receive from investments in part- modernization of the United States aimed at ensuring children of TANF recipi- nerships. Tax Court, and for other purposes; to ents complete high school or receive G.E.D.s. At the time, this restriction was es- the Committee on Finance. The tribes would submit proposals involving tablished to address legitimate con- mentoring, tutoring, altering TANF rules, or Mr. HATCH. Mr. President, I rise cerns and protect the interests of in- today to introduce the Tax Court Mod- teen pregnancy prevention towards this goal, vestors. Ownership interests in part- and could collaborate with States. It would ernization Act. I am joined in this leg- be authorized at $20 million per year for FY nerships can be illiquid, so it is dif- islation by my colleague Senator 2005–2008. ficult to get one’s money out of the in- BREAUX, and by the Chairman and XIV. SOCIAL SERVICES BLOCK GRANT (SSBG) vestment. Partnerships are also not re- Ranking Democrat of the Finance SSBG is an important source of flexible quired to be transparent in their finan- Committee, Senator GRASSLEY and funding to address the needs of the elderly, cial statements, so it could be difficult Senator BAUCUS. disabled, and low-income families. But tribes for investors to accurately assess a The United States Tax Court plays do not currently receive SSBG funds. Under business an important role in our tax system. this bill, when funding for SSBG exceeds $2.4 However, the world has changed. However, it has been years since Con- billion in a year, $10 million plus 2 percent of Some partnerships have been able to go gress has taken a good hard look at the all funds beyond $2.4 billion is reserved for public and offer shares on the stock Tax Court. This bipartisan piece of leg- tribes. All tribes operating social service markets, so the problem of liquidity is programs would be eligible for a share. HHS islation will improve this Court in a is required to develop a distribution formula solved. By going public, they must number of ways, and I would like to through a consultation process with the meet much higher standards of finan- take a moment to summarize some of tribes. cial transparency, including regularly its provisions. XV. RESEARCH publishing audited financial state- First, the TCMA would make minor While there have been a handful of impor- ments for investors. Currently, 50 pub- changes in the Tax Court’s jurisdic- tant initial studies of welfare reform in In- licly traded partnerships trade on tion. These are small changes that will

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.060 S01PT1 S4636 CONGRESSIONAL RECORD — SENATE April 1, 2003 have a big impact on the Court’s effi- I also want to thank Senators example, 44 million taxpayers claimed ciency. For example, the bill would BREAUX and HATCH for their efforts in the dependency exemption in the 2001 allow the Tax Court to hire employees moving this legislation forward. The tax year. The IRS also indicates that a on its own, just as other courts do. Cur- Finance Committee intends to markup significant portion of the issued math rently, the Tax Court is forced to hire the Tax Court Modernization Act to- error notices are attributable to these through the Executive Branch’s Office morrow. It is my hope that the Com- five provisions of the Internal Revenue of Personnel Management, entangling mittee favorably reports the legisla- Code. In 1999, for example, 44 percent of the executive power with the judicial tion. I also hope that, soon after Com- the 7.6 million math error notices were power. Restoring the constitutional mittee action, Majority Leader FRIST attributable to these provisions—40 separation of powers in the hiring proc- and Minority Leader DASCHLE bring percent of the total math error notices ess will increase the independence of the Tax Court Modernization Act to were attributable the dependency ex- the Tax Court. the floor for swift passage. emption, the child tax credit and the Second, the TCMA would improve the earned income tax credit alone. way that Tax Court judges receive re- By Mr. BAUCUS (for himself, Mr. The legislation reduces complexity tirement benefits and other non-salary GRASSLEY, Mr. HATCH, Mr. through reconciliation of the varying benefits. I believe that Tax Court THOMAS, Mrs. LINCOLN, and Mr. child definitions into a single defini- judges should be treated the same way ROCKFELLER): tion for a ‘‘qualifying child.’’ The uni- that bankruptcy, Court of Federal S. 755. A bill to amend the Internal form child definition generally estab- Claims, and Article III judges are Revenue Code of 1986 to provide a uni- lishes eligibility for all five tax bene- form definition of child, and for other treated when it comes to fringe bene- fits if the child meets the age require- purposes; to the Committee on Fi- fits. ments described below, a relationship Tax Court judges are often not pro- nance. requirement, and a residency require- Mr. BAUCUS. Mr. President, today vided with the same benefits as simi- ment—i.e., the child has the same prin- Senator GRASSLEY and I are taking a larly appointed Article I and Article III cipal place of abode as the taxpayer for significant step forward in our efforts judges. For example, Congress allows more than one-half the taxable year. to simplify the tax code. Today, we are The residency requirement is an im- Article III, bankruptcy, and Court of introducing an important simplifica- portant departure from current law in Federal Claims judges to participate in tion legislation—the Uniform Defini- which the child tax benefits frequently the Thrift Savings Plan in addition to tion of Child Act. rely upon financial support tests which the Civil Service Retirement System, This legislation is based on the sup- impose significantly higher adminis- while Tax Court judges are ineligible port of many for simplification in this trative burdens in the form of addi- to participate in this program. These area of the tax law. The President’s FY tional record-keeping not otherwise re- disparities in the treatment of our Tax 2004 budget, which was released on quired under the tax law. The legisla- Court judges affect the Court’s ability April 15, 2002, includes a simplification tion also preserves the tax rights of to attract and retain seasoned judges, proposal to provide a uniform defini- children who provide more than half of as well as talented employees. tion of a qualifying child. This is the their own support by excluding those I have spent many years observing first in a series of Department of children from the uniform definition of the Federal judiciary. I have spent Treasury ‘‘white papers’’ on simplifica- a qualifying child. many years trying to improve the Ju- tion. The underlying policy objectives of dicial Branch of our government and to The concept of a uniform definition the present law provisions are retained. make it the very finest court system of qualifying child also enjoys support For example, the legislation retains the world has ever known. I look for- from the American Bar Association, underlying policy by not adjusting the ward to working with my colleagues on the American Institute of CPAs, the ages of qualification—i.e., under age the Senate Finance Committee on this Tax Executives Institute, the Internal for the dependent care credit, under important piece of legislation. I urge Revenue Service’s Taxpayer Advocate, age 17 for the child tax credit, and my colleagues, both on the Finance and staff of the Joint Committee on under age 19—or age 24 if a full-time Committee and in the Senate as a Taxation. student for the dependency exemption, whole, to support this legislation. Under current law, the complexity in the earned income tax credit, and head Mr. BAUCUS. Mr. President, I rise this area is daunting. There are five of household filing status. today to support the Tax Court Mod- commonly used provisions that provide The legislation applies a single rela- ernization Act. I am pleased to be an benefits to taxpayers with children: the tionship test to the varying Code sec- original cosponsor of this important dependency exemption, the child cred- tions. Significantly, the proposal re- legislation. it, the earned income credit, the de- tains current law as an alternative to In 1969, Congress elevated the U.S. pendent care credit, and head of house- the extent that a person does not meet Tax Court as a Federal court of record hold filing status. the revised uniform child definition— under Article I of the Constitution of Each of the five provisions uses vari- e.g., an elderly parent can still be the United States. ations of four principal criteria to de- claimed for purposes of the dependency Congress created the Tax Court to termine whether a taxpayer qualifies exemption. provide a judicial forum in which af- for applicable tax benefits with respect Under the Uniform Definition of fected persons could dispute tax defi- to a particular child: age of the child, Child Act, there will be instances in ciencies determined by the Commis- relationship of the child to the tax- which multiple taxpayers qualify with sioner of the Internal Revenue Service payer, residency of the child with the respect to a given child. To address prior to payment of the disputed taxpayer, and the amount of financial this issue, the proposal extends the amounts. That means that the Tax support provided the child by the tax- present law earned income credit tie- Court’s jurisdictional requirements payer. breaker rule to the other benefits for are, in part, a recognition that lower Thus, a taxpayer is required to apply multiple eligible claimants. That rule and middle income taxpayers cannot different definitions with respect to the awards the tax benefit (i) to a parent necessarily pay the tax deficiency be- same child when determining eligi- over a non-parent, (ii) to the parent fore taking their dispute to court. bility for these provisions. A taxpayer with longer residency or the highest Congress also closely linked the leg- who qualifies with respect to a child AGI if residency is not determinative islation governing the Tax Court with for one provision does not necessarily between parents, and (iii) to the tax- the laws governing the Article III Dis- qualify for another. As a result, publi- payer with the highest AGI if all claim- trict Courts. Unfortunately, the Con- cations, forms, instructions and sched- ants are non-parents. Finally, the leg- gress did not include the Tax Court in ules that are applicable to child related islation continues to allow divorced or the changes made for Article III courts. provisions number about 200 pages for separated spouses to assign the depend- This legislation is designed to restore the preparation of an individual in- ency exemption and the child tax cred- parity between the Tax Court and Arti- come tax return. it to non-custodial parents provided cle III courts, and to modernize their A tremendous number of families are that certain support and residency personnel and pension systems. impacted by these Code provisions. For tests are met.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.063 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4637 Simplification of the tax code should endar year in which the taxable year of the ‘‘(G) A son-in-law, daughter-in-law, father- be more than just rhetoric. It is time taxpayer begins. in-law, mother-in-law, brother-in-law, or sis- for us to put legislation behind our ‘‘(2) RELATIONSHIP TEST.—For purposes of ter-in-law. words. We intend to continue to look paragraph (1)(A), an individual bears a rela- ‘‘(H) An individual (other than an indi- tionship to the taxpayer described in this at other areas of the tax code in need vidual who at any time during the taxable paragraph if such individual is— year was the spouse, determined without re- of simplification. ‘‘(A) a child of the taxpayer or a descend- gard to section 7703, of the taxpayer) who, for Senator GRASSLEY and I also want to ant of such a child, or the taxable year of the taxpayer, has as such thank our Finance Committee col- ‘‘(B) a brother, sister, stepbrother, or step- individual’s principal place of abode the leagues, Senators HATCH, THOMAS and sister of the taxpayer or a descendant of any home of the taxpayer and is a member of the LINCOLN, for their support of the Uni- such relative. taxpayer’s household. form Definition of Child Act of 2003. ‘‘(3) AGE REQUIREMENTS.— ‘‘(3) SPECIAL RULE RELATING TO MULTIPLE Simplification of the tax laws for the ‘‘(A) IN GENERAL.—For purposes of para- SUPPORT AGREEMENTS.—For purposes of para- families of our nation is not partisan, graph (1)(C), an individual meets the require- graph (1)(C), over one-half of the support of it is not political, it is simply common ments of this paragraph if such individual— an individual for a calendar year shall be ‘‘(i) has not attained the age of 19 as of the treated as received from the taxpayer if— sense. close of the calendar year in which the tax- Mr. President, I ask unanimous con- ‘‘(A) no one person contributed over one- able year of the taxpayer begins, or half of such support, sent that the Uniform Definition of ‘‘(ii) is a student who has not attained the ‘‘(B) over one-half of such support was re- Child Act of 2003 be printed in the age of 24 as of the close of such calendar ceived from 2 or more persons each of whom, year. RECORD. but for the fact that any such person alone ‘‘(B) SPECIAL RULE FOR DISABLED.—In the There being no objection, the bill was did not contribute over one-half of such sup- case of an individual who is permanently and ordered to be printed in the RECORD, as port, would have been entitled to claim such totally disabled (as defined in section follows: individual as a dependent for a taxable year 22(e)(3)) at any time during such calendar S. 755 beginning in such calendar year, year, the requirements of subparagraph (A) Be it enacted by the Senate and House of Rep- shall be treated as met with respect to such ‘‘(C) the taxpayer contributed over 10 per- resentatives of the United States of America in individual. cent of such support, and ‘‘(D) each person described in subparagraph Congress assembled, ‘‘(4) SPECIAL RULE RELATING TO 2 OR MORE (B) (other than the taxpayer) who contrib- SECTION 1. SHORT TITLE. CLAIMING QUALIFYING CHILD.— uted over 10 percent of such support files a This Act may be cited as the ‘‘Uniform ‘‘(A) IN GENERAL.—Except as provided in Definition of Child Act of 2003’’. subparagraph (B) and subsection (e), if (but written declaration (in such manner and SEC. 2. UNIFORM DEFINITION OF CHILD, ETC. for this paragraph) an individual may be form as the Secretary may by regulations Section 152 of the Internal Revenue Code of claimed as a qualifying child by 2 or more prescribe) that such person will not claim 1986 is amended to read as follows: taxpayers for a taxable year beginning in the such individual as a dependent for any tax- ‘‘SEC. 152. DEPENDENT DEFINED. same calendar year, such individual shall be able year beginning in such calendar year. ‘‘(a) IN GENERAL.—For purposes of this sub- treated as the qualifying child of the tax- ‘‘(4) SPECIAL RULE RELATING TO INCOME OF title, the term ‘dependent’ means— payer who is— HANDICAPPED DEPENDENTS.— ‘‘(1) a qualifying child, or ‘‘(i) a parent of the individual, or ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(2) a qualifying relative. ‘‘(ii) if clause (i) does not apply, the tax- graph (1)(B), the gross income of an indi- ‘‘(b) EXCEPTIONS.—For purposes of this sec- payer with the highest adjusted gross income vidual who is permanently and totally dis- tion— for such taxable year. abled (as defined in section 22(e)(3)) at any ‘‘(1) DEPENDENTS INELIGIBLE.—If an indi- ‘‘(B) MORE THAN 1 PARENT CLAIMING QUALI- time during the taxable year shall not in- vidual is a dependent of a taxpayer for any FYING CHILD.—If the parents claiming any clude income attributable to services per- taxable year of such taxpayer beginning in a qualifying child do not file a joint return to- formed by the individual at a sheltered calendar year, such individual shall be treat- gether, such child shall be treated as the workshop if— ed as having no dependents for any taxable qualifying child of— ‘‘(i) the availability of medical care at year of such individual beginning in such ‘‘(i) the parent with whom the child resided such workshop is the principal reason for the calendar year. for the longest period of time during the tax- individual’s presence there, and ‘‘(2) MARRIED DEPENDENTS.—An individual able year, or ‘‘(ii) the income arises solely from activi- shall not be treated as a dependent of a tax- ‘‘(ii) if the child resides with both parents ties at such workshop which are incident to payer under subsection (a) if such individual for the same amount of time during such such medical care. has made a joint return with the individual’s taxable year, the parent with the highest ad- ‘‘(B) SHELTERED WORKSHOP DEFINED.—For spouse under section 6013 for the taxable justed gross income. purposes of subparagraph (A), the term ‘shel- year beginning in the calendar year in which ‘‘(d) QUALIFYING RELATIVE.—For purposes tered workshop’ means a school— the taxable year of the taxpayer begins. of this section— ‘‘(i) which provides special instruction or ‘‘(3) CITIZENS OR NATIONALS OF OTHER COUN- ‘‘(1) IN GENERAL.—The term ‘qualifying rel- training designed to alleviate the disability TRIES.— ative’ means, with respect to any taxpayer of the individual, and ‘‘(A) IN GENERAL.—The term ‘dependent’ for any taxable year, an individual— ‘‘(ii) which is operated by an organization does not include an individual who is not a ‘‘(A) who bears a relationship to the tax- described in section 501(c)(3) and exempt citizen or national of the United States un- payer described in paragraph (2), from tax under section 501(a), or by a State, less such individual is a resident of the ‘‘(B) whose gross income for the calendar a possession of the United States, any polit- United States or a country contiguous to the year in which such taxable year begins is ical subdivision of any of the foregoing, the United States. less than the exemption amount (as defined United States, or the District of Columbia. ‘‘(B) EXCEPTION FOR ADOPTED CHILD.—Sub- in section 151(d)), ‘‘(5) SPECIAL SUPPORT TEST IN CASE OF STU- paragraph (A) shall not exclude any child of ‘‘(C) with respect to whom the taxpayer DENTS.—For purposes of paragraph (1)(C), in a taxpayer (within the meaning of subsection provides over one-half of the individual’s the case of an individual who is— (f)(1)(B)) from the definition of ‘dependent’ support for the calendar year in which such ‘‘(A) a child of the taxpayer, and if— taxable year begins, and ‘‘(B) a student, ‘‘(i) for the taxable year of the taxpayer, ‘‘(D) who is not a qualifying child of such amounts received as scholarships for study the child’s principal place of abode is the taxpayer or of any other taxpayer for any at an educational organization described in home of the taxpayer, and taxable year beginning in the calendar year section 170(b)(1)(A)(ii) shall not be taken into ‘‘(ii) the taxpayer is a citizen or national of in which such taxable year begins. account in determining whether such indi- the United States. ‘‘(2) RELATIONSHIP.—For purposes of para- vidual received more than one-half of such ‘‘(c) QUALIFYING CHILD.—For purposes of graph (1)(A), an individual bears a relation- individual’s support from the taxpayer. this section— ship to the taxpayer described in this para- ‘‘(6) SPECIAL RULES FOR SUPPORT.—For pur- ‘‘(1) IN GENERAL.—The term ‘qualifying graph if the individual is any of the fol- poses of this subsection— child’ means, with respect to any taxpayer lowing with respect to the taxpayer: ‘‘(A) payments to a spouse which are in- for any taxable year, an individual— ‘‘(A) A child or a descendant of a child. cludible in the gross income of such spouse ‘‘(A) who bears a relationship to the tax- ‘‘(B) A brother, sister, stepbrother, or step- under section 71 or 682 shall not be treated as payer described in paragraph (2), sister. a payment by the payor spouse for the sup- ‘‘(B) who has the same principal place of ‘‘(C) The father or mother, or an ancestor port of any dependent, abode as the taxpayer for more than one-half of either. ‘‘(B) amounts expended for the support of a of such taxable year, ‘‘(D) A stepfather or stepmother. child or children shall be treated as received ‘‘(C) who meets the age requirements of ‘‘(E) A son or daughter of a brother or sis- from the noncustodial parent (as defined in paragraph (3), and ter of the taxpayer. subsection (e)(3)(B)) to the extent that such ‘‘(D) who has not provided over one-half of ‘‘(F) A brother or sister of the father or parent provided amounts for such support, such individual’s own support for the cal- mother of the taxpayer. and

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.080 S01PT1 S4638 CONGRESSIONAL RECORD — SENATE April 1, 2003

‘‘(C) in the case of the remarriage of a par- which the taxable year of the taxpayer be- (b) CONFORMING AMENDMENTS.— ent, support of a child received from the par- gins— (1) Section 2(b)(2) of the Internal Revenue ent’s spouse shall be treated as received from ‘‘(A) is a full-time student at an edu- Code of 1986 is amended by striking subpara- the parent. cational organization described in section graph (A) and by redesignating subpara- ‘‘(e) SPECIAL RULE FOR DIVORCED PAR- 170(b)(1)(A)(ii), or graphs (B), (C), and (D) as subparagraphs (A), ENTS.— ‘‘(B) is pursuing a full-time course of insti- (B), and (C), respectively. ‘‘(1) IN GENERAL.—Notwithstanding sub- tutional on-farm training under the super- (2) Clauses (i) and (ii) of section 2(b)(3)(B) section (c)(4) or (d)(1)(C), if— vision of an accredited agent of an edu- of such Code are amended to read as follows: ‘‘(A) a child receives over one-half of the cational organization described in section ‘‘(i) subparagraph (H) of section 152(d)(2), child’s support during the calendar year 170(b)(1)(A)(ii) or of a State or political sub- or from the child’s parents— division of a State. ‘‘(ii) paragraph (3) of section 152(d).’’. ‘‘(i) who are divorced or legally separated ‘‘(3) PLACE OF ABODE.—An individual shall SEC. 4. MODIFICATIONS OF DEPENDENT CARE under a decree of divorce or separate mainte- not be treated as having the same principal CREDIT. nance, place of abode of the taxpayer if at any time (a) IN GENERAL.—Section 21(a)(1) of the In- ‘‘(ii) who are separated under a written during the taxable year of the taxpayer the ternal Revenue Code of 1986 is amended by separation agreement, or relationship between the individual and the striking ‘‘In the case of an individual who ‘‘(iii) who live apart at all times during the taxpayer is in violation of local law. maintains a household which includes as a last 6 months of the calendar year, and ‘‘(4) BROTHER AND SISTER.—The terms member one or more qualifying individuals ‘‘(B) such child is in the custody of 1 or ‘brother’ and ‘sister’ include a brother or sis- (as defined in subsection (b)(1))’’ and insert- ter by the half blood. both of the child’s parents for more than 1⁄2 ing ‘‘In the case of an individual for which of the calendar year, ‘‘(5) TREATMENT OF MISSING CHILDREN.— there are 1 or more qualifying individuals (as such child shall be treated as being the ‘‘(A) IN GENERAL.—Solely for the purposes defined in subsection (b)(1)) with respect to qualifying child or qualifying relative of the referred to in subparagraph (B), a child of such individual’’. noncustodial parent for a calendar year if the taxpayer— (b) QUALIFYING INDIVIDUAL.—Paragraph (1) the requirements described in paragraph (2) ‘‘(i) who is presumed by law enforcement of section 21(b) of the Internal Revenue Code authorities to have been kidnapped by some- are met. of 1986 is amended to read as follows: one who is not a member of the family of ‘‘(2) REQUIREMENTS.—For purposes of para- ‘‘(1) QUALIFYING INDIVIDUAL.—The term such child or the taxpayer, and graph (1), the requirements described in this ‘qualifying individual’ means— ‘‘(ii) who had, for the taxable year in which paragraph are met if— ‘‘(A) a dependent of the taxpayer (as de- the kidnapping occurred, the same principal ‘‘(A) a decree of divorce or separate main- fined in section 152(a)(1)) who has not at- place of abode as the taxpayer for more than tenance or written agreement between the tained age 13, one-half of the portion of such year before parents applicable to the taxable year begin- ‘‘(B) a dependent of the taxpayer who is the date of the kidnapping, ning in such calendar year provides that— physically or mentally incapable of caring shall be treated as meeting the requirement ‘‘(i) the noncustodial parent shall be enti- for himself or herself and who has the same of subsection (c)(1)(B) with respect to a tax- tled to any deduction allowable under sec- principal place of abode as the taxpayer for payer for all taxable years ending during the more than one-half of such taxable year, or tion 151 for such child, or period that the individual is kidnapped. ‘‘(ii) the custodial parent will sign a writ- ‘‘(C) the spouse of the taxpayer, if the ‘‘(B) PURPOSES.—Subparagraph (A) shall spouse is physically or mentally incapable of ten declaration that such parent will not apply solely for purposes of determining— caring for himself or herself and who has the claim such child as a dependent for such tax- ‘‘(i) the deduction under section 151(c), same principal place of abode as the tax- able year, and ‘‘(ii) the credit under section 24 (relating to payer for more than one-half of such taxable ‘‘(B) in the case of such an agreement exe- child tax credit), year.’’. cuted before January 1, 1985, the noncusto- ‘‘(iii) whether an individual is a surviving (c) CONFORMING AMENDMENT.—Paragraph dial parent provides at least $600 for the sup- spouse or a head of a household (as such (1) of section 21(e) of the Internal Revenue port of such child during such calendar year. terms are defined in section 2), and Code of 1986 is amended to read as follows: ‘‘(3) CUSTODIAL PARENT AND NONCUSTODIAL ‘‘(iv) the earned income credit under sec- PARENT.—For purposes of this subsection— tion 32. ‘‘(1) PLACE OF ABODE.—An individual shall not be treated as having the same principal ‘‘(A) CUSTODIAL PARENT.—The term ‘custo- ‘‘(C) COMPARABLE TREATMENT OF CERTAIN place of abode of the taxpayer if at any time dial parent’ means the parent with whom a QUALIFYING RELATIVES.—For purposes of this child shared the same principal place of section, a child of the taxpayer— during the taxable year of the taxpayer the abode for the greater portion of the calendar ‘‘(i) who is presumed by law enforcement relationship between the individual and the year. authorities to have been kidnapped by some- taxpayer is in violation of local law. ‘‘(B) NONCUSTODIAL PARENT.—The term one who is not a member of the family of SEC. 5. MODIFICATIONS OF CHILD TAX CREDIT. ‘noncustodial parent’ means the parent who such child or the taxpayer, and (a) IN GENERAL.—Paragraph (1) of section is not the custodial parent. ‘‘(ii) who was (without regard to this para- 24(c) of the Internal Revenue Code of 1986 is ‘‘(4) EXCEPTION FOR MULTIPLE-SUPPORT graph) a qualifying relative of the taxpayer amended to read as follows: AGREEMENTS.—This subsection shall not for the portion of the taxable year before the ‘‘(1) IN GENERAL.—The term ‘qualifying apply in any case where over one-half of the date of the kidnapping, child’ means a qualifying child of the tax- support of the child is treated as having been shall be treated as a qualifying relative of payer (as defined in section 152(c)) who has received from a taxpayer under the provision the taxpayer for all taxable years ending not attained age 17.’’. of subsection (d)(3). during the period that the child is kid- (b) CONFORMING AMENDMENT.—Section ‘‘(f) OTHER DEFINITIONS AND RULES.—For napped. 24(c)(2) of the Internal Revenue Code of 1986 purposes of this section— ‘‘(D) TERMINATION OF TREATMENT.—Sub- is amended by striking ‘‘the first sentence of ‘‘(1) CHILD DEFINED.— paragraphs (A) and (C) shall cease to apply section 152(b)(3)’’ and inserting ‘‘subpara- ‘‘(A) IN GENERAL.—The term ‘child’ means as of the first taxable year of the taxpayer graph (A) of section 152(b)(3)’’. an individual who is— beginning after the calendar year in which SEC. 6. MODIFICATIONS OF EARNED INCOME ‘‘(i) a son, daughter, stepson, or step- there is a determination that the child is CREDIT. daughter of the taxpayer, or dead (or, if earlier, in which the child would (a) QUALIFYING CHILD.—Paragraph (3) of ‘‘(ii) an eligible foster child of the tax- have attained age 18). section 32(c) of the Internal Revenue Code of payer. ‘‘(6) CROSS REFERENCES.— 1986 is amended to read as follows: ‘‘(B) ADOPTED CHILD.—In determining ‘‘For provision treating child as dependent of ‘‘(3) QUALIFYING CHILD.— whether any of the relationships specified in both parents for purposes of certain provi- ‘‘(A) IN GENERAL.—The term ‘qualifying subparagraph (A)(i) or paragraph (4) exists, a sions, see sections 105(b), 132(h)(2)(B), and child’ means a qualifying child of the tax- legally adopted individual of the taxpayer, 213(d)(5).’’. payer (as defined in section 152(c), deter- or an individual who is placed with the tax- SEC. 3. MODIFICATIONS OF DEFINITION OF HEAD mined without regard to paragraph (1)(D) payer by an authorized placement agency for OF HOUSEHOLD. thereof and section 152(e)). adoption by the taxpayer, shall be treated as (a) HEAD OF HOUSEHOLD.—Clause (i) of sec- ‘‘(B) MARRIED INDIVIDUAL.—The term a child of such individual by blood. tion 2(b)(1)(A) of the Internal Revenue Code ‘qualifying child’ shall not include an indi- ‘‘(C) ELIGIBLE FOSTER CHILD.—For purposes of 1986 is amended to read as follows: vidual who is married as of the close of the of subparagraph (A)(ii), the term ‘eligible ‘‘(i) a qualifying child of the individual (as taxpayer’s taxable year unless the taxpayer foster child’ means an individual who is defined in section 152(c), determined without is entitled to a deduction under section 151 placed with the taxpayer by an authorized regard to section 152(e)), but not if such for such taxable year with respect to such in- placement agency or by judgment, decree, or child— dividual (or would be so entitled but for sec- other order of any court of competent juris- ‘‘(I) is married at the close of the tax- tion 152(e)). diction. payer’s taxable year, and ‘‘(C) PLACE OF ABODE.—For purposes of sub- ‘‘(2) STUDENT DEFINED.—The term ‘student’ ‘‘(II) is not a dependent of such individual paragraph (A), the requirements of section means an individual who during each of 5 by reason of section 152(b)(2) or 152(b)3), or 152(c)(1)(B) shall be met only if the principal calendar months during the calendar year in both, or’’. place of abode is in the United States.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.065 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4639 ‘‘(D) IDENTIFICATION REQUIREMENTS.— (14) Section 7702B(f)(2)(C)(iii) of such Code ufacturing facilities to capture new ‘‘(i) IN GENERAL.—A qualifying child shall is amended by striking ‘‘paragraphs (1) technologies, namely biotech and soft- not be taken into account under subsection through (8) of section 152(a)’’ and inserting ware production. (b) unless the taxpayer includes the name, ‘‘subparagraphs (A) through (G) of section Many factors are responsible for the age, and TIN of the qualifying child on the 152(d)(2)’’. current decline in the manufacturing return of tax for the taxable year. (15) Section 7703(b)(1) of such Code is sector. Our bill will not solve all the ‘‘(ii) OTHER METHODS.—The Secretary may amended— prescribe other methods for providing the in- (A) by striking ‘‘151(c)(3)’’ and inserting problems, but it does break down the formation described in clause (i).’’. ‘‘152(f)(1)’’, and capital investment barrier facing many (b) CONFORMING AMENDMENTS.— (B) by striking ‘‘paragraph (2) or (4) of’’. small manufacturers. These businesses, (1) Section 32(c)(1) of the Internal Revenue SEC. 9. EFFECTIVE DATE. and the communities in which they are Code of 1986 is amended by striking subpara- The amendments made by this Act shall located, need our help. This proposal graph (C) and by redesignating subpara- apply to taxable years beginning after De- will go a long way in achieving that ob- graphs (D), (E), (F), and (G) as subparagraphs cember 31, 2003. jective and I urge all my colleagues to (C), (D), (E), and (F), respectively. (2) Section 32(c)(4) of such Code is amended By Mr. THOMAS (for himself and become a cosponsor. Mr. President, I ask unanimous con- by striking ‘‘(3)(E)’’ and inserting ‘‘(3)(C)’’. Mr. GREGG): (3) Section 32(m) of such Code is amended S. 756. A bill to amend the Internal sent that the text of the bill be printed by striking ‘‘subsections (c)(1)(F)’’ and in- Revenue Code of 1986 to modify the in the RECORD. serting ‘‘subsections (c)(1)(E)’’. qualified small issue bond provisions; There being no objection, the bill was SEC. 7. MODIFICATIONS OF DEDUCTION FOR to the Committee on Finance. ordered to be printed in the RECORD, as PERSONAL EXEMPTION FOR DE- Mr. THOMAS: Mr. President, I am follows: PENDENTS. pleased to rise to introduce legislation S. 756 Subsection (c) of section 151 of the Internal Be it enacted by the Senate and House of Rep- Revenue Code of 1986 is amended to read as with my distinguished colleague from New Hampshire, Mr. Gregg. Specifi- resentatives of the United States of America in follows: Congress assembled, DDITIONAL XEMPTION FOR EPEND cally, the bill we offer today would ‘‘(c) A E D - SECTION 1. MODIFICATIONS TO SMALL ISSUE ENTS.—An exemption of the exemption amend the Internal Revenue Code of BOND PROVISIONS. amount for each individual who is a depend- 1986 to modify the qualified small issue (a) INCREASE IN AMOUNT OF QUALIFIED ent (as defined in section 152) of the taxpayer bond provisions. Current restrictions SMALL ISSUE BONDS PERMITTED FOR FACILI- for the taxable year.’’ built into the law decades ago prevent TIES TO BE USED BY RELATED PRINCIPAL SEC. 8. TECHNICAL AND CONFORMING AMEND- small manufacturers from realizing the USERS.— MENTS. full financial benefit from these bonds. (1) IN GENERAL.—Clause (i) of section (1) Section 21(e)(5) of the Internal Revenue The manufacturing sector is a key 144(a)(4)(A) (relating to $10,000,000 limit in Code of 1986 is amended— component of the U.S. economy. It was certain cases) is amended by striking (A) by striking ‘‘paragraph (2) or (4) of’’ in ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. particularly hard-hit in the most re- subparagraph (A), and (2) COST-OF-LIVING ADJUSTMENT.—Section (B) by striking ‘‘within the meaning of sec- cent recession and continues to strug- 144(a)(4) is amended by adding at the end the tion 152(e)(1)’’ and inserting ‘‘as defined in gle. More than two million high-wage, following: section 152(e)(3)(A)’’. quality jobs have been lost. These ‘‘(G) COST-OF-LIVING ADJUSTMENT.—In the (2) Section 21(e)(6)(B) of such Code is losses occurred in both large and small case of a taxable year beginning in a cal- amended by striking ‘‘section 151(c)(3)’’ and manufacturing facilities. Reversing the endar year after 2002, the $20,000,000 amount inserting ‘‘section 152(f)(1)’’. decline is critical for our Nation’s eco- under subparagraph (A) shall be increased by (3) Section 25B(c)(2)(B) of such Code is an amount equal to— amended by striking ‘‘151(c)(4)’’ and insert- nomic well-being. This bill targets a problem faced by ‘‘(i) such dollar amount, multiplied by ing ‘‘152(f)(2)’’. ‘‘(ii) the cost-of-living adjustment under (4)(A) Subparagraphs (A) and (B) of section many small manufacturers: the lack of section 1(f)(3) for the calendar year in which 51(i)(1) of such Code are each amended by investment capital. These manufactur- the taxable year begins, determined by sub- striking ‘‘paragraphs (1) through (8) of sec- ers need access to financial resources stituting ‘calendar year 2001’ for ‘calendar tion 152(a)’’ both places it appears and in- to build, to grow, to employ new work- year 1992’ in subparagraph (B) thereof.’’. serting ‘‘subparagraphs (A) through (G) of ers and to survive. One of the lowest- (3) CLERICAL AMENDMENT.—The heading of section 152(d)(2)’’. cost capital investment options cur- paragraph (4) of section 144(a) is amended by (B) Section 51(i)(1)(C) of such Code is rently available is tax-exempt Indus- striking ‘‘$10,000,000’’ and inserting amended by striking ‘‘152(a)(9)’’ and insert- trial Development Bonds or IDBs. ‘‘$20,000,000’’. ing ‘‘152(d)(2)(H)’’. (4) EFFECTIVE DATE.—The amendments (5) Section 72(t)(7)(A)(iii) of such Code is These bonds are issued by state govern- made by this subsection shall apply to— amended by striking ‘‘151(c)(3)’’ and insert- ments throughout the country and pro- (A) obligations issued after the date of the ing ‘‘152(f)(1)’’. vide an excellent financial resource for enactment of this Act, and (6) Section 129(c)(2) of such Code is amend- companies looking to build or expand (B) capital expenditures made after such ed by striking ‘‘151(c)(3)’’ and inserting their manufacturing facilities. date with respect to obligations issued on or ‘‘152(f)(1)’’. The maximum IDB available for before such date. (7) The first sentence of section 132(h)(2)(B) qualified projects was set in 1978 at $10 (b) DEFINITION OF MANUFACTURING FACIL- of such Code is amended by striking million. The purchasing power of that ITY.— ‘‘151(c)(3)’’ and inserting ‘‘152(f)(1)’’. (1) IN GENERAL.—Section 144(a)(12)(C) (re- (8) Section 153 of such Code is amended by amount has declined by more than fifty lating to definition of manufacturing facil- striking paragraph (1) and by redesignating percent over time, severely reducing ity) is amended to read as follows: paragraphs (2), (3), and (4) as paragraphs (1), the effectiveness of this financial tool. ‘‘(C) MANUFACTURING FACILITY.—For pur- (2), and (3), respectively. In addition, the ten million dollar ceil- poses of this paragraph, the term ‘manufac- (9) Section 170(g)(3) of such Code is amend- ing is subject to a dollar reduction for turing facility’ means any facility which is ed by striking ‘‘paragraphs (1) through (8) of other funding used in the project. used in— section 152(a)’’ and inserting ‘‘subparagraphs These limits create a significant and ‘‘(i) the manufacturing or production of (A) through (G) of section 152(d)(2)’’. unnecessary barrier. To help small tangible personal property (including the (10) The second sentence of section processing resulting in a change in the con- 213(d)(11) of such Code is amended by strik- manufacturers and acknowledge the dition of such property), ing ‘‘paragraphs (1) through (8) of section technological advances made in the ‘‘(ii) the manufacturing, development, or 152(a)’’ and inserting ‘‘subparagraphs (A) past 25 years, it is time to change the production of specifically developed software through (G) of section 152(d)(2)’’. law. products or processes if— (11) Section 529(e)(2)(B) of such Code is This bill makes the necessary ‘‘(I) it takes more than 6 months to de- amended by striking ‘‘paragraphs (1) through changes to ensure that the law reflects velop or produce such products, (8) of section 152(a)’’ and inserting ‘‘subpara- economic realities. It increases the ‘‘(II) the development or production could graphs (A) through (G) of section 152(d)(2)’’. bond cap and capital expenditure not with due diligence be reasonably ex- (12) Section 2032A(c)(7)(D) of such Code is amounts from ten to twenty million pected to occur in less than 6 months, and amended by striking ‘‘section 151(c)(4)’’ and ‘‘(III) the software product or process com- inserting ‘‘section 152(f)(2)’’. dollars. An inflation adjuster is added prises programs, routines, and attendant (13) Section 7701(a)(17) of such Code is to avoid a similar reduction in pur- documentation developed and maintained for amended by striking ‘‘152(b)(4), 682,’’ and in- chasing power in the future. Finally, use in computer and telecommunications serting ‘‘682’’. we would expand the definition of man- technology, or

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.065 S01PT1 S4640 CONGRESSIONAL RECORD — SENATE April 1, 2003 ‘‘(iii) the manufacturing, development, or tional energy strategy. With oil and (3) LIMITATION.—Section 48(a)(2)(A) of such production of specially developed biobased or gas prices now reaching record highs, Code (relating to energy percentage) is bioenergy products or processes if— fuel cells are one excellent answer to amended to read as follows: ‘‘(I) it takes more than 6 months to de- our heightened energy demand and de- ‘‘(A) IN GENERAL.—The energy percentage velop or produce, is— ‘‘(II) the development or production could pendence on foreign oil. This legisla- ‘‘(i) in the case of energy-efficient building not with due diligence be reasonably ex- tion will power fuel cell technology by property, 30 percent, and pected to occur in less than 6 months, and speeding its market introduction and ‘‘(ii) in the case of any other energy prop- ‘‘(III) the biobased or bioenergy product or by increasing its uses in our everyday erty, 10 percent.’’. process comprises products, processes, pro- lives. (4) CONFORMING AMENDMENTS.— grams, routines, and attendant documenta- Mr. President, I ask that the bill be (A) Section 29(b)(3)(A)(i)(III) of such Code tion developed and maintained for the utili- ∑ is amended by striking ‘‘section 48(a)(4)(C)’’ zation of biological materials in commercial printed in the RECORD. and inserting ‘‘section 48(a)(5)(C)’’. or industrial products, for the utilization of S. 758 (B) Section 48(a)(1) of such Code is amend- renewable domestic agricultural or forestry ed by inserting ‘‘except as provided in para- materials in commercial or industrial prod- Be it enacted by the Senate and House of Rep- graph (4)(B),’’ before ‘‘the energy’’. resentatives of the United States of America in ucts, or for the utilization of biomass mate- (5) EFFECTIVE DATE.—The amendments rials. Congress assembled, made by this subsection shall apply to prop- ‘‘(D) RELATED FACILITIES.—For purposes of SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFI- erty placed in service after December 31, subparagraph (C), the term ‘manufacturing CIENT PROPERTY. 2003, under rules similar to the rules of sec- facility’ includes a facility which is directly (a) BUSINESS PROPERTY.— tion 48(m) of the Internal Revenue Code of and functionally related to a manufacturing (1) IN GENERAL.—Subparagraph (A) of sec- 1986 (as in effect on the day before the date facility (determined without regard to sub- tion 48(a)(3) of the Internal Revenue Code of of the enactment of the Revenue Reconcili- paragraph (C)) if— 1986 (defining energy property) is amended ation Act of 1990). ‘‘(i) such facility, including an office facil- by striking ‘‘or’’ at the end of clause (i), by (b) NONBUSINESS PROPERTY.— ity and a research and development facility, adding ‘‘or’’ at the end of clause (ii), and by (1) IN GENERAL.—Subpart A of part IV of is located on the same site as the manufac- inserting after clause (ii) the following new subchapter A of chapter 1 of the Internal turing facility, and clause: Revenue Code of 1986 (relating to nonrefund- ‘‘(ii) not more than 40 percent of the net ‘‘(iii) energy-efficient building property,’’. able personal credits) is amended by insert- proceeds of the issue are used to provide such (2) ENERGY-EFFICIENT BUILDING PROPERTY.— ing after section 25B the following new sec- facility, Subsection (a) of section 48 of such Code is tion: but shall not include a facility used solely amended by redesignating paragraphs (4) and ‘‘SEC. 25C. NONBUSINESS ENERGY-EFFICIENT for research and development activities.’’. (5) as paragraphs (5) and (6), respectively, BUILDING PROPERTY. (2) EFFECTIVE DATE.—The amendment and by inserting after paragraph (3) the fol- ‘‘(a) CREDIT ALLOWED.— made by this subsection shall apply to obli- lowing new paragraph: ‘‘(1) IN GENERAL.—In the case of an indi- gations issued after the date of the enact- ‘‘(4) ENERGY-EFFICIENT BUILDING PROP- vidual, there shall be allowed as a credit ment of this Act. ERTY.—For purposes of this subsection— against the tax imposed by this chapter for ‘‘(A) IN GENERAL.—The term ‘energy-effi- the taxable year an amount equal to the By Mr. LIEBERMAN (for himself, cient building property’ means a fuel cell nonbusiness energy-efficient building prop- Ms. SNOWE, Mr. DODD, Mr. power plant that— erty expenditures which are paid or incurred ALLEN, Mrs. CLINTON, Mr. HAR- ‘‘(i) generates electricity using an electro- during such year. KIN, and Mr. AKAKA): chemical process, ‘‘(2) LIMITATION.—The credit allowed under S. 758. A bill to amend the Internal ‘‘(ii) has an electricity-only generation ef- paragraph (1) with respect to property placed ficiency greater than 30 percent, and in service by the taxpayer during the taxable Revenue Code of 1986 to allow a credit year shall not exceed an amount equal to the against income tax for certain energy- ‘‘(iii) generates at least 0.5 kilowatt of electricity using an electrochemical process. lesser of— efficient property; to the Committee ‘‘(B) LIMITATION.—In the case of energy-ef- ‘‘(A) 30 percent of the basis of such prop- on Finance. ficient building property placed in service erty, or (At the request of Mr. DODD, the fol- during the taxable year, the credit deter- ‘‘(B) $1,000 for each kilowatt of capacity of lowing statement was ordered to be mined under paragraph (1) for such year with such property. printed in the RECORD.) respect to such property shall not exceed an ‘‘(b) NONBUSINESS ENERGY-EFFICIENT ∑ Mr. LIEBERMAN. Mr. President, I amount equal to the lesser of— BUILDING PROPERTY EXPENDITURES.—For rise today to introduce a bill, with Sen- ‘‘(i) 30 percent of the basis of such prop- purposes of this section— erty, including expenditures for labor costs ‘‘(1) IN GENERAL.—The term ‘nonbusiness ator OLYMPIA SNOWE, to encourage the properly allocable to the onsite preparation, energy-efficient building property expendi- use of fuel cells, a clean and cutting- assembly, or original installation of the tures’ means expenditures made by the tax- edge energy technology. Specifically, property and for piping or wiring to inter- payer for nonbusiness energy-efficient build- the bill would give consumers a tax connect such property, or ing property installed on or in connection credit for purchasing residential and ‘‘(ii) $1,000 for each kilowatt of capacity of with a dwelling unit— commercial fuel cell systems to power such property. ‘‘(A) which is located in the United States, their electricity. The tax credit would ‘‘(C) SPECIAL RULES.—For purposes of sub- and apply to stationary and portable fuel paragraph (A)(ii)— ‘‘(B) which is used by the taxpayer as a res- idence. cell systems, and would be applicable ‘‘(i) ELECTRICITY-ONLY GENERATION EFFI- CIENCY.—The electricity-only generation effi- for 5 years. Such term includes expenditures for labor ciency percentage of a fuel cell power plant costs properly allocable to the onsite prepa- First used for space missions in the is the fraction— ration, assembly, or original installation of 1960s, fuel cells use an electrochemical ‘‘(I) the numerator of which is the total the property. reaction to convert energy from hydro- useful electrical power produced by such ‘‘(2) NONBUSINESS ENERGY-EFFICIENT BUILD- gen-rich fuel sources into electricity. plant at normal operating rates, and ex- ING PROPERTY.—The term ‘nonbusiness en- Because no combustion is involved, pected to be consumed in its normal applica- ergy-efficient building property’ means en- fuel cells produce virtually no air pol- tion, and ergy-efficient building property (as defined lution and significantly reduce carbon ‘‘(II) the denominator of which is the lower in section 48(a)(4)) if— dioxide emissions. Fuel cell units in heating value of the fuel source for such ‘‘(A) the original use of such property com- plant. mences with the taxpayer, and operation today are capable of running ‘‘(ii) DETERMINATIONS MADE ON BTU BASIS.— ‘‘(B) such property meets the standards (if 24 hours a day, 7 days a week, with The electricity-only generation efficiency any) applicable to such property under sec- only routine maintenance. They are in- percentage shall be determined on a Btu tion 48(a)(3). stalled around the world in power basis. ‘‘(c) SPECIAL RULES.—For purposes of this plants, hospitals, schools, banks, mili- ‘‘(D) FUEL CELL POWER PLANT.—The term section— tary installations, and manufacturing ‘fuel cell power plant’ means an integrated ‘‘(1) DOLLAR AMOUNTS IN CASE OF JOINT OC- facilities. Smaller units for home- system comprised of a fuel cell stack assem- CUPANCY.—In the case of any dwelling unit owners and small businesses will enter bly and associated balance of plant compo- which is jointly occupied and used during nents that converts a fuel into electricity any calendar year as a residence by 2 or the commercial market shortly. using electrochemical means. more individuals the following shall apply: Fuel cell technology offers a clean, ‘‘(E) TERMINATION.—Such term shall not ‘‘(A) The amount of the credit allowable, secure, and dependable source of en- include any property placed in service after under subsection (a) by reason of expendi- ergy that should be part of our na- December 31, 2008.’’. tures (as the case may be) made during such

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.071 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4641 calendar year by any of such individuals at the end of paragraph (28) and inserting ‘‘; average fossil fuel plans produces near- with respect to such dwelling unit shall be and’’, and by adding at the end the following ly 25 pounds of pollutants to generate determined by treating all of such individ- new paragraph: the same 1,000 kilowatt hours of elec- uals as 1 taxpayer whose taxable year is such ‘‘(29) to the extent provided in section tricity. That is 400 times the amount of calendar year. 25C(d), in the case of amounts with respect ‘‘(B) There shall be allowable, with respect to which a credit has been allowed under sec- a fuel cell power plant. to such expenditures to each of such individ- tion 25C.’’. The current problem is that it is dif- uals, a credit under subsection (a) for the (B) The table of sections for subpart A of ficult for the consumer to take advan- taxable year in which such calendar year part IV of subchapter A of chapter 1 of such tage of fuel cells because, as with any ends in an amount which bears the same Code is amended by inserting after the item new technology, the introductory price ratio to the amount determined under sub- relating to section 25B the following new is high. To create the market incen- paragraph (A) as the amount of such expend- item: tives necessary to speed the commer- itures made by such individual during such calendar year bears to the aggregate of such ‘‘Sec. 25C. Nonbusiness energy-efficient cialization of this technology, the expenditures made by all of such individuals building property.’’. Lieberman-Snow legislation provides a during such calendar year. (3) EFFECTIVE DATE.—The amendments property owner a five year, $1,000 per ‘‘(2) TENANT-STOCKHOLDER IN COOPERATIVE made by this subsection shall apply to ex- kilowatt stationary fuel cell tax credit, HOUSING CORPORATION.—In the case of an in- penditures made after December 31, 2003. including labor and installation costs, dividual who is a tenant-stockholder (as de- Ms. SNOWE. Mr. President, I rise for business and non business power fined in section 216) in a cooperative housing today with my colleague from Con- plants—stationary and portable—that corporation (as defined in such section), such necticut, Senator LIEBERMAN, to intro- have an electrical generation efficiency individual shall be treated as having made duce a bill that will promote the ex- his tenant-stockholder’s proportionate share greater than 30 percent and generate at (as defined in section 216(b)(3)) of any ex- panded use of an environmentally least 0.5 kilowatts of electricity using penditures of such corporation. sound and efficient energy tech- an electrochemical process. To put this ‘‘(3) CONDOMINIUMS.— nology—fuel cell power. electrical generation in perspective, a ‘‘(A) IN GENERAL.—In the case of an indi- The United States has had a long, in- home uses approximately 1 to 2 kilo- vidual who is a member of a condominium separable relationship with energy. watts of power, on average. management association with respect to a The Americans of the 19th century By lowering the initial price for con- condominium which the individual owns, would not have populated the West as sumers, market introduction and pro- such individual shall be treated as having they did without the railroad and its made his proportionate share of any expendi- duction volume of fuel cells will be ac- tures of such association. steam engines. New York’s Pearl celerated with the end result being a ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- Street Station, designed by Thomas significant reduction in manufacturing TION.—For purposes of this paragraph, the Edison in 1882, demonstrated the im- costs. The decrease in price would en- term ‘condominium management associa- mense possibilities of large-scale elec- able even more consumers to use one of tion’ means an organization which meets the tricity generation that would revolu- the cleanest, most reliable and most ef- requirements of paragraph (1) of section tionize our Nation and the world. And, ficient means to generate electricity. 528(c) (other than subparagraph (E) thereof) of course, the 20th century is posted This tailored fuel cell tax credit for a with respect to a condominium project sub- with landmark American innovations stantially all of the units of which are used stationary and portable fuel cells is de- as residences. an inventions in oil use and produc- signed to benefit the widest range of ‘‘(4) ALLOCATION IN CERTAIN CASES.—If less tion, nuclear power, and solar energy. potential fuel cell customers and man- than 80 percent of the use of an item is for As we begin our journey into the 21st ufacturers with a meaningful incentive nonbusiness purposes, only that portion of century, we must begin a new chapter for the purchase of fuel cells for resi- the expenditures for such item which is prop- for energy use through fuel cell power. dential and commercial use. erly allocable to use for nonbusiness pur- Fuel cells are not a futuristic dream, As summer approaches, power short- poses shall be taken into account. as every manned U.S. space mission ages and interruptions can be expected ‘‘(5) WHEN EXPENDITURE MADE; AMOUNT OF has relied upon fuel cells for electricity EXPENDITURE.— throughout the country. We must in- and drinking water. From a New York ‘‘(A) IN GENERAL.—Except as provided in crease our investment and commit- subparagraph (B), an expenditure with re- City police station to a postal facility ment to non-traditional energy sources spect to an item shall be treated as made in Alaska to hospitals, schools, banks, such as fuel cells. This reliable, com- when the original installation of the item is military installations and manufac- bustion-free power provided by fuel completed. turing facilities around the world, fuel cells in a sensible alternative that is ‘‘(B) EXPENDITURES PART OF BUILDING CON- cell units are efficiently generating de- available today. I urge my colleagues STRUCTION.—In the case of an expenditure in pendable power 24 hours a day, 7 days a to support us for a sensible fuel cell connection with the construction or recon- week for upwards of 2 years with only struction of a structure, such expenditure power tax credit. shall be treated as made when the original routine maintenance. use of the constructed or reconstructed Fuel cell technology offers a clean, By Mr. DURBIN (for himself, Mr. structure by the taxpayer begins. secure, efficient, and dependable source ALLARD, Mr. CONRAD, Mr. HAR- ‘‘(C) AMOUNT.—The amount of any expendi- of energy that should be part of our na- KIN, Mr. JOHNSON, Mr. LEAHY, ture shall be the cost thereof. tional energy strategy. Not only do Mr. DORGAN, and Mr. JEF- ‘‘(6) PROPERTY FINANCED BY SUBSIDIZED EN- fuel cells deliver the high quality, reli- FORDS): ERGY FINANCING.—For purposes of deter- able power that is considered an abso- S. 759. A bill to amend the Internal mining the amount of nonbusiness energy-ef- lute necessity for many portions of our Revenue Code of 1986 to provide a tax ficient building property expenditures made society, they reduce grid demand while credit for individuals and businesses by any individual with respect to any dwell- ing unit, there shall not be taken into ac- improving grid flexibility. Fuel cells for the installation of certain wind en- count expenditures which are made from are an ideal energy source to address ergy property; to the Committee on Fi- subsidized energy financing (as defined in the Nation’s pressing energy needs. nance. section 48(a)(5)(C)). Using electro-chemical reaction to Mr. DURBIN. Mr. President, I rise ‘‘(d) BASIS ADJUSTMENTS.—For purposes of convert energy from hydrogen-rich fuel today to introduce the Residential, this subtitle, if a credit is allowed under this cell sources into electricity, fuel cells Farm, Ranch and Small Business En- section for any expenditure with respect to reduce the need for fossil fuel consump- ergy Systems Act of 2003, also known any property, the increase in the basis of such property which would (but for this sub- tion. And, since no combustion is in- as the Small Wind Energy Systems section) result from such expenditure shall volved, fuel cells produce virtually no Act. I am honored to be joined by Sen- be reduced by the amount of the credit so al- air pollution and significantly reduce ators ALLARD, CONRAD, HARKIN, JOHN- lowed. carbon dioxide emissions, the major SON, LEAHY and DORGAN in introducing ‘‘(e) TERMINATION.—This section shall not greenhouse gas thought to be respon- this legislation. apply to any expenditure made after Decem- sible for climate change variability. In In order to foster a forward-looking ber 31, 2008.’’. (2) CONFORMING AMENDMENTS.— fact, a 200 kilowatt fuel power plant energy policy, the United States needs (A) Subsection (a) of section 1016 of such produces less than one ounce of pollut- to broaden its energy portfolio beyond Code is amended by striking ‘‘and’’ at the ants for every 1,000 kilowatt hours of fossil fuels, which are a finite energy end of paragraph (27), by striking the period electricity it yields. In comparison, the source. Any serious attempt to create a

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.082 S01PT1 S4642 CONGRESSIONAL RECORD — SENATE April 1, 2003 national energy policy must include in- environment and energy security, I en- ration, assembly, or original installation of novative proposals for exploring and courage my colleagues to support this qualified wind energy property and for piping developing the use of alternative and legislation. I ask unanimous consent or wiring to interconnect such property to renewable energy sources. The legisla- the dwelling unit or to the local energy grid that the legislation be printed in the shall be taken into account for purposes of tion I am introducing today would help RECORD. this section. spur the production of electricity from There being no objection, the bill was ‘‘(3) SWIMMING POOLS, ETC., USED AS STOR- a limitless source—wind. ordered to be printed in the RECORD, as AGE MEDIUM.—Expenditures which are prop- This bill, similar to legislation I in- follows: erly allocable to a swimming pool, hot tub, troduced last year, offers a tax credit S. 759 or any other energy storage medium which has a function other than the function of to help defray the cost of installing a Be it enacted by the Senate and House of Rep- storage shall not be taken into account for small wind energy system to generate resentatives of the United States of America in purposes of this section. electricity for individual homes, farms, Congress assembled, ranches and businesses. The credit can ‘‘(e) SPECIAL RULES.—For purposes of this SECTION 1. SHORT TITLE. section— be applied only to systems up to 75 kW, This Act may be cited as the ‘‘Residential, ‘‘(1) DOLLAR AMOUNTS IN CASE OF JOINT OC- and is equal to 30 percent of the cost of Farm, Ranch, and Small Business Wind En- CUPANCY.—In the case of any dwelling unit installation, up to $1,000 per kilowatt. I ergy Systems Act of 2003’’ or the ‘‘Small which is jointly occupied and used during am offering this legislation in the hope Wind Energy Systems Act of 2003’’. any calendar year as a residence by 2 or that this tax credit will help make it SEC. 2. CREDIT FOR RESIDENTIAL WIND ENERGY more individuals the following shall apply: economical for people to invest in PROPERTY. ‘‘(A) The amount of the credit allowable, small wind systems, thereby reducing (a) IN GENERAL.—Subpart A of part IV of under subsection (a) by reason of expendi- subchapter A of chapter 1 of the Internal pressures on the national power grid tures (as the case may be) made during such Revenue Code of 1986 (relating to nonrefund- calendar year by any of such individuals and increasing America’s energy inde- able personal credits) is amended by insert- with respect to such dwelling unit shall be pendence one family and business at a ing after section 25B the following new sec- determined by treating all of such individ- time. tion: uals as 1 taxpayer whose taxable year is such Small wind systems are the most ‘‘SEC. 25C. RESIDENTIAL SMALL WIND ENERGY calendar year. cost-competitive home-sized renewable SYSTEMS. ‘‘(B) There shall be allowable, with respect energy technology, but the high up- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of to such expenditures to each of such individ- front cost has been a barrier. A typical an individual, there shall be allowed as a uals, a credit under subsection (a) for the small, rural wind system rated at 10 credit against the tax imposed by this chap- taxable year in which such calendar year kW costs $30,000–$35,000 to install. A 30 ter for the taxable year an amount equal to ends in an amount which bears the same percent business investment credit 30 percent of the qualified wind energy prop- ratio to the amount determined under sub- erty expenditures made by the taxpayer dur- paragraph (A) as the amount of such expend- would make wind energy more viable ing such year. itures made by such individual during such for rural America. In addition, farmers ‘‘(b) LIMITATIONS.— calendar year bears to the aggregate of such and ranchers can utilize a small wind ‘‘(1) MAXIMUM CREDIT.—The credit allowed expenditures made by all of such individuals energy system while simultaneously under subsection (a) shall not exceed $1,000 during such calendar year. continuing to use their land for crop for each kilowatt of capacity. ‘‘(2) TENANT-STOCKHOLDER IN COOPERATIVE growing or grazing. Facilitating the ‘‘(2) SAFETY CERTIFICATIONS.—No credit HOUSING CORPORATION.—In the case of an in- production of renewable energy on land shall be allowed under this section for an dividual who is a tenant-stockholder (as de- that is already being worked for other item of property unless such property meets fined in section 216) in a cooperative housing appropriate fire and electric code require- corporation (as defined in such section), such purposes would be a boon to our econ- ments. individual shall be treated as having made omy, environment, and national secu- ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.—If his tenant-stockholder’s proportionate share rity. Finally, the tax credit would help the credit allowable under subsection (a) ex- (as defined in section 216(b)(3)) of any ex- us promote a healthier environment. A ceeds the limitation imposed by section 26(a) penditures of such corporation. typical small system can offset seven for such taxable year reduced by the sum of ‘‘(3) CONDOMINIUMS.— tons of carbon dioxide per year; carbon the credits allowable under this subpart ‘‘(A) IN GENERAL.—In the case of an indi- dioxide is the most significant contrib- (other than this section), such excess shall vidual who is a member of a condominium be carried to the succeeding taxable year and management association with respect to a utor to climate change. added to the credit allowable under sub- condominium which the individual owns, I am pleased to see that others in the section (a) for such succeeding taxable year. such individual shall be treated as having Senate are working to promote renew- ‘‘(d) QUALIFIED WIND ENERGY PROPERTY EX- made the individual’s proportionate share of able energy. In the context of our de- PENDITURE.—For purposes of this section— any expenditures of such association. liberations on energy policy, I hope to ‘‘(1) QUALIFIED WIND ENERGY PROPERTY EX- ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- work with Senators GRASSLEY and PENDITURE DEFINED.— TION.—For purposes of this paragraph, the BAUCUS, and others, in order to build ‘‘(A) IN GENERAL.—The term ‘qualified wind term ‘condominium management associa- on these efforts. In particular, I hope energy property expenditure’ means an ex- tion’ means an organization which meets the we can expand the residential credit penditure for qualified wind energy property requirements of paragraph (1) of section installed on or in connection with a dwelling 528(c) (other than subparagraph (E) thereof) provided for wind energy systems in unit located in the United States and used as with respect to a condominium project sub- the Energy Tax Incentives Act of 2003, a residence by the taxpayer, including all stantially all of the units of which are used S. 597, so that the cap is raised to $1,000 necessary installation fees and charges. as residences. per kilowatt. In addition, I hope to add ‘‘(B) QUALIFIED WIND ENERGY PROPERTY.— ‘‘(4) ALLOCATION IN CERTAIN CASES.—If less wind to the business investment credit The term ‘qualified wind energy property’ than 80 percent of the use of a qualified wind section of the tax code. Although there means a qualifying wind turbine— energy property is for nonbusiness purposes is currently in law a business invest- ‘‘(i) the original use of which commences and for generation of energy to be sold to ment credit for solar and geothermal with the taxpayer, and others, only that portion of the expenditures power, there is currently no Federal ‘‘(ii) which carries at least a 5-year limited for such property which is properly allocable warranty covering defects in design, mate- to use for nonbusiness purposes and for gen- program to support small wind systems rial, or workmanship, and, for any qualifying eration of energy to be sold to others shall being installed by farmers and ranch- wind turbine that is not installed by the tax- be taken into account. ers. The Energy Tax Incentives Act of payer, at least a 5-year limited warranty ‘‘(5) WHEN EXPENDITURE MADE; AMOUNT OF 2003 would add fuel cells to this section covering defects in installation. EXPENDITURE.— of the code. I hope I can work with my ‘‘(C) QUALIFYING WIND TURBINE.—The term ‘‘(A) IN GENERAL.—Except as provided in colleagues to also add wind to this sec- ‘qualifying wind turbine’ means a wind tur- subparagraph (B), an expenditure with re- tion, because we need to encourage in- bine of 75 kilowatts of rated capacity or less spect to any qualified wind energy property vestments in this source of energy. which at the time of manufacture and not shall be treated as made when the original Last year, a portion of this legisla- more than one year from the date of pur- installation of such property is completed tion was included in the Senate energy chase meets the latest performance rating and the property has begun to be used to standards published by the American Wind generate energy. bill by unanimous consent. I hope to Energy Association or the International ‘‘(B) EXPENDITURES PART OF BUILDING CON- build on this success this year, by se- Electrotechnical Commission and which is STRUCTION.—In the case of an expenditure in curing passage of the full measure. used to generate electricity. connection with the construction or recon- For the good of our rural economy, ‘‘(2) LABOR COSTS.—Expenditures for labor struction of a structure, such expenditure homeowners and business owners, the costs properly allocable to the onsite prepa- shall be treated as made when the original

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use of the constructed or reconstructed (4) Section 1400C(d) of such Code, as in ef- ‘‘(A) IN GENERAL.—The energy percentage structure by the taxpayer begins. fect for taxable years beginning before Janu- is— ‘‘(C) AMOUNT.—The amount of any expendi- ary 1, 2004, is amended by inserting ‘‘and sec- ‘‘(i) in the case of qualified wind energy ture shall be the cost thereof. tion 25C’’ after ‘‘this section’’. property, 30 percent, and ‘‘(6) PROPERTY FINANCED BY SUBSIDIZED EN- (5) The table of sections for subpart A of ‘‘(ii) in the case of any other energy prop- ERGY FINANCING.—For purposes of deter- part IV of subchapter A of chapter 1 of such erty, 10 percent.’’. mining the amount of expenditures made by Code is amended by inserting after the item (d) CONFORMING AMENDMENT.—Section any individual with respect to any dwelling relating to section 25B the following new 29(b)(3)(A)(i)(III) of the Internal Revenue unit, there shall not be taken in to account item: Code of 1986 is amended by striking ‘‘section expenditures which are made from subsidized ‘‘Sec. 25C. Residential wind energy prop- 48(a)(4)(C)’’ and inserting ‘‘section energy financing (as defined in section erty.’’. 48(a)(5)(C)’’. 48(a)(5)(C)). (e) EFFECTIVE DATE.—The amendments (d) EFFECTIVE DATES.— ‘‘(f) BASIS ADJUSTMENTS.—For purposes of made by this subsection shall apply to prop- this subtitle, if a credit is allowed under this (1) IN GENERAL.—Except as provided by erty placed in service after December 31, section for any expenditure with respect to paragraph (2), the amendments made by this 2003, under rules similar to the rules of sec- any qualified wind energy property, the in- section shall apply to expenditures after De- tion 48(m) of the Internal Revenue Code of crease in the basis of such property which cember 31, 2002, in taxable years ending after 1986 (as in effect on the day before the date would (but for this subsection) result from such date. of the enactment of the Revenue Reconcili- such expenditure shall be reduced by the (2) SUBSECTION (b).—The amendments made ation Act of 1990). amount of the credit so allowed. by subsection (b) shall apply to taxable years beginning after December 31, 2003. ‘‘(g) TERMINATION.—This section shall not By Mr. GRASSLEY (for himself, apply to property installed in taxable years SEC. 3. CREDIT FOR BUSINESS INSTALLATION OF Mr. BAUCUS, Mr. DEWINE, Mr. SMALL WIND ENERGY PROPERTY. beginning after December 31, 2008.’’. URBIN REGG INGA (a) IN GENERAL.—Subparagraph (A) of sec- D , Mr. G , Mr. B - (b) CREDIT ALLOWED AGAINST REGULAR TAX tion 48(a)(3) of the Internal Revenue Code of MAN, Mr. FEINGOLD, Ms. SNOWE, AND ALTERNATIVE MINIMUM TAX.— 1986 (defining energy property) is amended Mr. ROCKFELLER, Mr. (1) IN GENERAL.—Section 25C(b) of the In- by striking ‘‘or’’ at the end of clause (i), by SANTORUM, and Mr. LEAHY): ternal Revenue Code of 1986, as added by sub- adding ‘‘or’’ at the end of clause (ii), and by S. 780. A bill to implement effective section (a), is amended by adding at the end inserting after clause (ii) the following new the following new paragraph: measures to stop trade in conflict dia- clause: monds, and for other purposes; to the ‘‘(3) LIMITATION BASED ON AMOUNT OF TAX.— ‘‘(iii) qualified wind energy property in- The credit allowed under subsection (a) for stalled before January 1, 2009,’’. Committee on Finance. the taxable year shall not exceed the excess (b) QUALIFIED WIND ENERGY PROPERTY.— Mr. GRASSLEY. Mr. President, I rise of— Subsection (a) of section 48 is amended by re- today to introduce the Clean Diamond ‘‘(A) the sum of the regular tax liability designating paragraphs (4) and (5) as para- Trade Act. Technically, this act will (as defined in section 26(b)) plus the tax im- graphs (5) and (6), respectively, and by in- implement a certification process for posed by section 55, over serting after paragraph (3) the following new imports of rough diamonds. But, as ‘‘(B) the sum of the credits allowable under paragraph: many of you know, this bill goes far be- this subpart (other than this section) and ‘‘(4) QUALIFIED WIND ENERGY PROPERTY.— section 27 for the taxable year.’’. For purposes of this subsection— yond technicalities. This bill will help (2) CONFORMING AMENDMENTS.— ‘‘(A) IN GENERAL.—The term ‘qualified wind put an end to trade in conflict dia- (A) Section 25C(c) of such Code, as added energy property’ means a qualifying wind monds. As many of you know, conflict by subsection (a), is amended by striking turbine— diamonds are diamonds mined and used ‘‘section 26(a) for such taxable year reduced ‘‘(i) installed on or in connection with a by rebel movements in many African by the sum of the credits allowable under farm (as defined in section 6420(c)), a ranch, nations as a source of revenue to fuel this subpart (other than this section)’’ and or an establishment of an eligible small busi- armed conflict and the activities of inserting ‘‘subsection (b)(3)’’. ness (as defined in section 44(b)) which is lo- rebel movements aimed at under- (B) Section 23(b)(4)(B) of such Code is cated in the United States and which is amended by inserting ‘‘and section 25C’’ owned and used by the taxpayer, mining or overthrowing legitimate after ‘‘this section’’. ‘‘(ii) the original use of which commences governments in African countries. Mil- (C) Section 24(b)(3)(B) of such Code is with the taxpayer, and lions of people have been driven from amended by striking ‘‘23 and 25B’’ and insert- ‘‘(iii) which carries at least a 5-year lim- their homes by wars that have been ing ‘‘23, 25B, and 25C’’. ited warranty covering defects in design, ma- fought for control of these diamonds. (D) Section 25(e)(1)(C) of such Code is terial, or workmanship, and, for any quali- Families and entire countries have amended by inserting ‘‘25C,’’ after ‘‘25B,’’. fying wind turbine that is not installed by been torn apart. (E) Section 25B(g)(2) of such Code is the taxpayer, at least a 5-year limited war- amended by striking ‘‘section 23’’ and insert- That is why it is vitally important ranty covering defects in installation. that we pass this legislation. Passage ing ‘‘sections 23 and 25C’’. ‘‘(B) LIMITATION.—In the case of any quali- (F) Section 26(a)(1) of such Code is amend- fied wind energy property placed in service of this legislation would be a true bi- ed by striking ‘‘and 25B’’ and inserting ‘‘25B, during the taxable year, the credit deter- partisan success and a significant step and 25C’’. mined under paragraph (1) for such year with forward in stopping trade in conflict (G) Section 904(h) of such Code is amended respect to such property shall not exceed an diamonds. And I would like to thank by striking ‘‘and 25B’’ and inserting ‘‘25B, amount equal to the lesser of— my colleagues for helping to develop and 25C’’. ‘‘(i) 30 percent of the basis of such prop- the compromise legislation in this Act. (H) Section 1400C(d) of such Code is amend- erty, including all necessary installation I would especially like to recognize the ed by striking ‘‘and 25B’’ and inserting ‘‘25B, fees and charges, or hard work of Senators GREGG, DEWINE, and 25C’’. ‘‘(ii) $1,000 for each kilowatt of capacity of (c) ADDITIONAL CONFORMING AMEND- such property. DURBIN, BINGAMAN, and FEINGOLD, MENTS.— ‘‘(C) QUALIFYING WIND TURBINE.—For pur- whose devotion and dedication to stop- (1) Section 23(c) of the Internal Revenue poses of this paragraph the term ‘qualifying ping trade in conflict diamonds is un- Code of 1986, as in effect for taxable years be- wind turbine’ means a wind turbine of 75 surpassed. ginning before January 1, 2004, is amended by kilowatts of rated capacity or less which at Prior attempts to move similar bills striking ‘‘section 1400C’’ and inserting ‘‘sec- the time of manufacture and not more than have stalled in both the House and the tions 25C and 1400C’’. one year from the date of purchase meets the Senate. As Chairman of the Finance (2) Section 25(e)(1)(C) of such Code, as in ef- latest performance rating standards pub- Committee, I took great care to try fect for taxable years beginning before Janu- lished by the American Wind Energy Asso- ary 1, 2004, is amended by inserting ‘‘, 25C,’’ ciation or the International Electrotechnical and achieve the right balance so that after ‘‘sections 23’’. Commission and which is used to generate we might implement a certification (3) Subsection (a) of section 1016 of such electricity. process that meets our international Code is amended by striking ‘‘and’’ at the ‘‘(D) SAFETY CERTIFICATIONS.—No credit responsibilities, that can pass the end of paragraph (27), by striking the period shall be allowed under this section for any House and the Senate, and most impor- at the end of paragraph (28) and inserting ‘‘, qualified wind energy property unless such tantly, that works. and’’, and by adding at the end the following property meets appropriate fire and electric The Clean Diamond Trade Act will new paragraph: code requirements.’’. ‘‘(29) to the extent provided in section (c) LIMITATION.—Section 48(a)(2)(A) of the implement the Kimberley Process Cer- 25C(f), in the case of amounts with respect to Internal Revenue Code of 1986 (relating to tification Scheme. This is an inter- which a credit has been allowed under sec- energy percentage) is amended to read as fol- national agreement establishing mini- tion 25C.’’. lows: mal acceptable international standards

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.083 S01PT1 S4644 CONGRESSIONAL RECORD — SENATE April 1, 2003 for national certification schemes re- groups. In fact, over the past decade, . . . victims of these atrocities also reported lating to cross-border trade in rough the rebels have smuggled out of Africa women and children being rounded up and diamonds. It represents over two years approximately $10 billion dollars in locked into houses which were then set [on of negotiations among more than 50 these diamonds. fire]. countries, human rights advocacy It is nearly impossible to distinguish A young man from Lunsar, describ- groups, the diamond industry and non- the illegally gathered diamonds from ing a rebel attack, said this: government organizations. legitimate or ‘‘clean’’ stones. And so, Ten people were captured by the rebels and The next plenary session of the Kim- regrettably and unwittingly, the they asked us to form a [line]. My brother berley Process is scheduled to convene United States—as the world’s biggest was removed from the [line], and they killed him with a rifle, and they cut his head with in Johannesburg, South Africa, from buyer of diamonds—has contributed to a knife. After this, they killed his pregnant April 28 to the 30, 2003. The U.S. played the violence. Our nation accounted for wife. There was an argument among the a leadership role in crafting the Kim- more than half of the $57.5 billion in rebels about the sex of the baby she was car- berley Process Certification Scheme, global retail diamond trade last year, rying, so they decided to open her stomach and it is critical that we implement and some estimates suggest that illegal to see the baby. the certification process before April 28 diamonds from Africa account for as According to Komba, a teenager: if we are to retain this leadership. We much as 15 percent of the overall dia- My legs were cut with blades and cocaine also need to do this to ensure that the mond trade. was rubbed in the wounds. Afterwards, I felt flow of legitimate diamonds into and Since the start of the rebel’s quest like a big person. I saw the other people like out of the United States will continue for control of Sierra Leone’s diamond chickens and rats. I wanted to kill them. without interruption. Most important, supply, half of the nation’s population Rape, sexual slavery and other forms we need to do everything we can to of 4.5 million have left their homes, of sexual abuse of girls and women stop trade in conflict diamonds as soon and at least a half-million have left the have been systematic, organized, and as possible. country. But, it is the children of Si- widespread. Many of those abducted Mr. President, we plan to mark-up erra Leone who are bearing the biggest have been forced to become the this legislation in the Finance Com- brunt of the rebel insurgency. For over ‘‘wives’’ of combatants. mittee tomorrow morning. I am con- eight years, the RUF has conscripted According to Isatu, an abducted teen- fident the bill will receive strong bipar- children—children often as young as 7 age girl: tisan support in committee and am or 8 years old—to be soldiers in their I did not want to go; I was forced to go. hopeful we can pass this bill by unani- make-shift army. They have ripped at They killed a lot of women who refused to go mous consent in the full Senate before least 12,000 children from their fami- with them. we adjourn for the April recess. The lies. She was forced to become the sexual people and countries in Africa affected As a result of deliberate and system- partner of the combatant who captured by the damage of conflict diamonds de- atic brutalization, child soldiers have her and is now the mother of their serve our support. Passing this bill is become some of the most vicious—and three-month-old baby: the right thing to do. effective—fighters within the rebel fac- When they capture young girls, you belong Mr. DEWINE. Today, Mr. President, tions. The rebel army—child-soldiers to the soldier who captured you. I was ‘mar- violent conflicts and other global included—has terrorized Sierra Leone’s ried’ to him. threats and humanitarian concerns ex- population, killing, abducting, raping, We are losing these children—an en- tend across many parts of our world. and hacking off the limbs of victims tire generation of children. If the situa- We are at war with Iraq. North Korea with their machetes. This chopping off tion does not improve, these kids have possesses nuclear weapons. HIV/AIDS of limbs is the RUF’s trademark strat- no future. But, as long as the rebel’s di- is pandemic. And, terrorism threatens egy. In Freetown, the surgeons are amond trade remains unchallenged, our daily lives. frantic. Scores of men, women, and nothing will change. Our world is, indeed, a very dan- children—their hands partly chopped That is why I have been working with gerous and unstable place. We know off—have flooded the main hospital. Senators DURBIN, FEINGOLD, and GREGG this. And, while we are well aware of Amputating as quickly as they can, for over two years to pass legislation the many global ‘‘hotspots’’—the con- doctors toss severed hands into a com- that would help stem this illegal trade flicts and the violence and the human munal bucket. in conflict diamonds. Together, we suffering—there are parts of the world, The RUF frequently and forcibly in- have worked extensively with our which I believe, we have neglected. jects the children with cocaine in prep- House colleagues, including my good There are parts of the world, where aration for battle. In many cases, the friend and former colleague from Ohio, human tragedy is the order of the rebels force the child-soldiers at gun- Tony Hall, and FRANK WOLF from Vir- day—where children are killed, where point to kill their own family members ginia, to develop much needed legisla- women are raped and beaten, and or neighbors and friends. Not only are tion to help remove the rebel’s market where people are routinely tortured— these children traumatized by what incentive. their bodies maimed and mutilated. they are forced to do, they also are And, while we have not yet been suc- One area of the world where such afraid to be reunited with their fami- cessful in getting this legislation atrocities are occurring on a daily lies because of the possibility of ret- signed into law, I credit my colleagues’ basis is in Sierra Leone, Africa. For at ribution. continued commitment to this often least a decade, Sierra Leone, one of the Mr. President, I cannot understate forgotten issue. I know our countless world’s poorest nations, has been em- nor can I fully describe the horrific congressional hearings, meetings, let- broiled in civil war. Rebel groups— abuses these children are suffering. The ters and legislative initiatives have en- most notably, the Revolutionary most vivid accounts come from the couraged the Administration and the United Front (RUF)—have been fight- child-soldiers themselves. I’d like to international community to keep this ing for years to overthrow the recog- read a few of their stories, taken from issue alive. We have kept the pressure nized government. In the process, vio- Amnesty International’s 1998 report, on, and we are beginning to see some lence has erupted as the rebels have ‘‘Sierra Leone—A Year of Atrocities positive results. fought to seize control of the country’s against Civilians.’’ According to one Mr. President, just this past January profitable diamond fields, which in child’s recollection: 1st, an international agreement called turn, helps finance their terrorist re- Civilians were rounded up, in groups or in the Kimberley Process Certification gime. lines, and then taken individually to a Scheme was launched. Specifically, Once in control of a diamond field, pounding block in the village where their this is a voluntary, international dia- the rebels confiscate the diamonds and hands, arms, or legs were cut with a ma- mond certification system among over then launder them onto the legitimate chete. In some villages, after the civilians 50 participant countries, including all were rounded up, they were stripped naked. market through other nearby nations, Men were then ordered to rape members of of the major diamond producing and like Liberia. Known as ‘‘conflict’’ or their own family. If they refused, their arms trading countries. This is a positive ‘‘blood’’ diamonds, these gems are a were cut off and the women were raped by step in the right direction, and I com- very lucrative business for the rebel rebel forces, often in front of their husbands mend the tireless work of human rights

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.094 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4645 advocates and the diamond industry I believe that it is absolutely impera- CHAMBLISS, Mr. CRAIG, and Mr. MILLER) pro- for making this certification system a tive that we pass the bill we have in- posed an amendment to the bill S. 718, to reality. troduced quickly and help end these provide a monthly allotment of free tele- Because of their success, Mr. Presi- atrocities once and for all. phone calling time to members of the United States armed forces stationed outside the dent, today we are faced with the ur- It is the humane thing to do. It is the United States who are directly supporting gent need of providing legislative right thing to do. It is the only thing military operations in Iraq or Afghanistan. measures to enable effective U.S. im- to do. f plementation of the certification I thank the Chair and yield the scheme. We need to provide the Admin- Floor. TEXT OF AMENDMENTS istration with the authorization nec- f SA 434. Mr. MCCAIN (for himself, Mr. essary to ensure U.S. compliance with ALLEN, Mr. GRAHAM of South Carolina, this global, regulatory framework. SUBMITTED RESOLUTIONS Mr. CHAMBLISS, Mr. CRAIG, and Mr. That is why I am here today to intro- MILLER) proposed an amendment to the duce legislation that commits the bill S. 718, to provide a monthly allot- United States to mandatory implemen- SENATE RESOLUTION 102—RECOG- ment of free telephone calling time to tation of the Kimberley Process Cer- NIZING THE 40TH ANNIVERSARY members of the United States armed tification Scheme. OF THE SINKING OF THE USS forces stationed outside the United I join my distinguished colleagues, THRESHER (SSN 593) States who are directly supporting Senators GRASSLEY, DURBIN, FEINGOLD, Mr. SUNUNU (for himself, Mr. military operations in Iraq or Afghani- BINGAMAN, TALENT, and SNOWE, to in- GREGG, Ms. SNOWE, and Ms. COLLINS) stan; as follows: troduce the ‘‘Clean Diamond Trade submitted the following resolution; Strike out all after the enacting clause and Act.’’ This legislation is very similar which was considered and agreed to: insert the following: to a measure introduced in the House S. RES. 102 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Troops last week, H.R. 1415. Our bill is very Whereas the USS Thresher was first Phone Home Free Act of 2003’’. simple. The whole idea behind it is to launched at Portsmouth Naval Shipyard on commit the United States to a system July 9, 1960; SEC. 2. PURPOSE. of controls on the export and import of Whereas the USS Thresher departed Ports- It is the purpose of this Act to support the diamonds, so that buyers can be cer- mouth Naval Shipyard for her final voyage morale of the brave men and women of the on April 9, 1963, with a crew of 16 officers, 96 United States armed services stationed out- tain that their purchases are not fuel- side the United States who are directly sup- ing the rebel campaign. sailors, and 17 civilians; Whereas the mix of that crew reflects the porting military operations in Iraq or Af- Specifically, our legislation would ghanistan (as determined by the Secretary of prohibit the import of any rough dia- unity of the naval submarine service, mili- tary and civilian, in the protection of the Defense) by giving them the ability to place mond that has not been controlled Nation; calls to their loved ones without expense to through the Kimberley Process Certifi- Whereas at approximately 7:47 a.m. on them. cation Scheme. Put simply, this means April 10, 1963, while in communication with SEC. 3. FINDINGS. that every diamond brought into the the surface ship USS Skylark, and approxi- The Congress finds the following: United States would require a certifi- mately 300 miles off the coast of New Eng- (1) The armed forces of the United States land, the USS Thresher began her final de- are the finest in the world. cate of origin and authenticity, indi- (2) The members of the armed services are scent; cating that a rebel or terrorist group bravely placing their lives in danger to pro- Whereas the USS Thresher was declared has not laundered it onto the legiti- tect the security of the people of the United lost with all hands on April 10, 1963; States and to advance the cause of freedom mate market. Whereas from the loss of the USS Thresh- in Iraq. Additionally, the bill calls on the er, there arose the SUBSAFE program, (3) Their families and loved ones are mak- President to report annually to Con- which has kept United States’ submariners ing sacrifices at home in support of the gress on the control system’s effective- safe at sea ever since as the strongest, safest members of the armed services abroad. ness and also requires the General Ac- submarine force in history; (4) Telephone contact with family and counting Office to report on the law’s Whereas from the loss of the USS Thresh- friends provides significant emotional and effectiveness within two years of enact- er, there arose in our Nation’s universities psychological support to them and helps to ment. the ocean engineering curricula that enables sustain and improve morale. the United States’ preeminence in submarine Finally, Mr. President, our bill em- SEC. 4. DEPARTMENT OF DEFENSE TELE- warfare; and COMMUNICATIONS BENEFIT. phasizes that the Kimberley Process Whereas the crew of the USS Thresher (a) IN GENERAL.—As soon as possible after Certification Scheme is an ongoing demonstrated the ‘‘last full measure of devo- process and that our government the date of enactment of this Act, the Sec- tion’’ in service to this Nation, and this de- retary of Defense shall provide, wherever should continue to work with the votion characterizes the sacrifices of all sub- practicable, prepaid phone cards, or an international community to strength- mariners, past and present: Now, therefore, equivalent telecommunications benefit en the effectiveness of this global regu- be it which includes access to telephone service, latory framework. As the world’s big- Resolved, That the Senate— to members of the armed forces stationed gest diamond customer—purchasing (1) recognizes the 40th Anniversary of the outside the United States who are directly sinking of the USS Thresher; well over half of the world’s dia- supporting military operations in Iraq or Af- (2) remembers with profound sorrow the ghanistan (as determined by the Secretary) monds—our nation has a moral respon- loss of the USS Thresher and her gallant sibility to show continued leadership to enable them to make telephone calls to crew of sailors and civilians on April 10, 1963; family and friends in the United States with- on this issue. and out cost to the member. Quite candidly, there are a lot of (3) expresses its deepest gratitude to all (b) MONTHLY AMOUNT.—The value of the things in this world—a lot of terrible, submariners on ‘‘eternal patrol’’, who are benefit provided by subsection (a) shall not tragic things—that we don’t have the forever bound together by their dedicated exceed $40 per month per person. power to change or to fix. But today, and honorable service to the United States of (c) END OF PROGRAM.—The program estab- America. we can change something. We can lished by subsection (a) shall terminate on make a difference. We have the power SEC. 2. TRANSMISSION OF RESOLUTION. the date that is 60 days after the date on The Secretary of the Senate shall transmit which the Secretary determines that Oper- to help put an end to the indescribable a copy of this resolution to the Chief of ation Iraqi Freedom has ended. suffering and violence caused by dia- Naval Operations and to the Commanding (d) FUNDING.— mond-related conflicts. We have that Officer of the Portsmouth Naval Shipyard to (1) USE OF EXISTING RESOURCES.—In car- power, and we must use it. And so, I be accepted on behalf of the families and rying out this section, the Secretary shall urge my colleagues to join me in sup- shipmates of the crew of the USS Thresher. maximize the use of existing Department of Defense telecommunications programs and port of this much-needed legislation. f We have an obligation—a moral re- capabilities, private support organizations, private entities offering free or reduced-cost sponsibility—to help stop the violence, AMENDMENTS SUBMITTED & PROPOSED services, and programs to enhance morale the brutality, the needless killing and and welfare. maiming. No other child should kill or SA 434. Mr. MCCAIN (for himself, Mr. (2) USE OF APPROPRIATED FUNDS.—In addi- be killed in diamond-related conflicts. ALLEN, Mr. GRAHAM, of South Carolina, Mr. tion to resources described in paragraph (1)

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.077 S01PT1 S4646 CONGRESSIONAL RECORD — SENATE April 1, 2003 and notwithstanding any limitation on the ley Authority; and other pending nomi- on the Safety of Radioactive Waste expenditure or obligation of appropriated nations. Management, T. Doc. 106–48. amounts, the Secretary may use available The meeting will be held in SD 406. The PRESIDING OFFICER. Without funds appropriated to or for the use of the The PRESIDING OFFICER. Without objection, it is so ordered. Department of Defense that are not other- wise obligated or expended to carry out this objection, it is so ordered. COMMITTEE ON THE JUDICIARY section. COMMITTEE ON FINANCE Mr. CRAIG. Mr. President, I ask SEC. 5. DEPLOYMENT OF ADDITIONAL TELE- Mr. CRAIG. Mr. President, I ask unanimous consent that the Com- PHONE EQUIPMENT. unanimous consent that the Com- mittee on the Judiciary be authorized The Secretary of Defense shall work with mittee on Finance be authorized to to meet to conduct a judicial nomina- telecommunications providers to facilitate meet during the session on Tuesday, tions hearing on Tuesday, April 1, 2003, the deployment of additional telephones for April 1, 2003, at 10 a.m., to hear testi- at 10 a.m., in the Dirksen Senate Office use in calling the United States under this Act as quickly as practicable, consistent mony on Taxpayer Alert: Choosing a Building Room 226. with the availability of resources. Consistent Paid Preparer and the Pitfalls of Chari- Panel I: The Honorable Bob Graham; with the timely provision of telecommuni- table Car Donations. The Honorable Bill Nelson; cations benefits under this Act, the Sec- The PRESIDING OFFICER. Without The Honorable Mary Landrieu; retary should carry out this section and sec- objection, it is so ordered. The Honorable Bill Frist. tion 4 in a manner that allows for competi- COMMITTEE ON FINANCE Panel II: Carolyn B. Kuhl, to be U.S. tion in the provision of such benefits. Mr. CRAIG. Mr. President, I ask Circuit Judge for the Ninth Circuit. SEC. 6. NO COMPROMISE OF MILITARY MISSION. unanimous consent that the Com- Panel III: Cecilia M. Altonaga, to be The Secretary of Defense shall not take mittee on Finance be authorized to U.S. District Judge for the Southern any action under this Act that would com- District of Florida; promise the military objectives or mission of meet during the session on Tuesday, the Department of Defense. April 1, 2003, at 12 p.m., to hear testi- Patricia Head Minaldi, to be U.S. District Judge for the Western District f mony on the Nominations of Mark Van Dyke Holmes, to be Judge of the of Louisiana. NOTICES OF HEARINGS/MEETINGS United States Tax Court; Diane L. The PRESIDING OFFICER. Without COMMITTEE ON INDIAN AFFAIRS Kroupa, to be Judge of the United objection it is so ordered. Mr. CAMPBELL. Mr. President, I States Tax Court; Robert Allen SELECT COMMITTEE ON INTELLIGENCE would like to announce that the Com- Wherry, Jr., to be Judge of the United Mr. CRAIG. Mr. President, I ask mittee on Indian Affairs will meet on States Tax Court; and Harry A. Haines unanimous consent that the Select Wednesday, April 2, 2003, at 10 a.m. in to be Judge of the U.S. Tax Court. Committee on Intelligence be author- Room 485 of the Hart Senate Office The PRESIDING OFFICER. Without ized to meet during the session of the Building to conduct a hearing on S. 556, objection, it is so ordered. Senate on Tuesday, April 1, 2003 at 2:30 a bill to Reauthorize the Indian Health COMMITTEE ON FOREIGN RELATIONS p.m. to hold a hearing on Intelligence Care Improvement Act. Mr. CRAIG. Mr. President, I ask Matters. Those wishing additional information unanimous consent that the Com- The PRESIDING OFFICER. Without may contact the Indian Affairs Com- mittee on Foreign Relations be author- objection, it is so ordered. mittee at 224–2251. ized to meet during the session of the SUBCOMMITTEE ON READINESS AND COMMITTEE ON INDIAN AFFAIRS Senate on Tuesday, April 1, 2003, at 9:30 MANAGEMENT SUPPORT Mr. CAMPBELL. Mr. President, I a.m., to hold a hearing on NATO. Mr. CRAIG. Mr. President, I ask unanimous consent that the Sub- would like to announce that the Com- Witnesses mittee on Indian Affairs will meet on committee on Readiness and Manage- Wednesday, April 9, 2003, at 10 a.m. in Panel 1: ‘‘A View From Brussels.’’ ment Support of the Armed Services Room 485 of the Hart Senate Office The Honorable Nicholas R. Burns, U.S. Committee be authorized to meet dur- Building to conduct a hearing on S. 285, Permanent Representative to North ing the session of the Senate on Tues- to authorize the integration and con- Atlantic Treaty Organization, Brus- day, April 1, 2003, at 9:00 a.m., in open solidation of alcohol and substance sels, Belgium. session to continue to receive testi- abuse programs and services provided 9:45: Business Meeting to ratify the mony on the impacts of environmental by Indian tribal governments, and for Joint Convention on the Safety of laws on readiness and the related ad- other purposes; S. 558, a bill to Elevate Spent Fuel Management and on the ministration legislative proposal in re- the Director of the Indian Health Serv- Safety of Radioactive Waste Manage- view of the defense authorization re- ice to be Assistant Secretary for Indian ment. quest for fiscal year 2004. Health, and for other purposes; and S. Panel 2: ‘‘New Members & A Chang- The PRESIDING OFFICER. Without 555, to establish the Native American ing Alliance.’’ Dr. Ronald D. Asmus, objection, it is so ordered. Health and Wellness Foundation, and Senior Transatlantic Fellow, German SUBCOMMITTEE ON SEAPOWER for other purposes. Marshall Fund, Washington, DC; Mr. CRAIG. Mr. President, I ask Those wishing additional information Mr. Bruce Jackson, President, unanimous consent that the Sub- may contact the Indian Affairs Com- Project on Transitional Democracies, committee on Seapower of the Com- mittee at 224–2251. Washington, DC. mittee on Armed Services be author- Full committee open: Senator LUGAR f ized to meet during the session of the will preside, March 31, 2003. Senate on Tuesday, April 1, 2003, at 2:30 AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without p.m., in open session to receive testi- MEET objection, it is so ordered. mony on Navy and Marine Corps devel- COMMITTEE ON ENVIRONMENT AND PUBLIC COMMITTEE ON FOREIGN RELATIONS opment priorities, procurement prior- WORKS Mr. CRAIG. Mr. President, I ask ities, and Navy shipbuilding programs, Mr. CRAIG. Mr. President, I ask unanimous consent that the Com- in review of the defense authorization unanimous consent that the Com- mittee on Foreign Relations be author- request for fiscal year 2004 and the fu- mittee on Environment and Public ized to meet during the session of the ture years defense program. Works be authorized to meet on Tues- Senate on Tuesday, April 1, 2003, at 9:45 day, April 1 at 9:30 a.m. to conduct a a.m., to hold a business meeting to rat- Witnesses hearing to consider the nominations of: ify the ‘‘Joint Convention on the Safe- Panel I: Admiral Vernon E. Clark, Ricky Dale James to be a Member of ty of Spent Fuel Management’’ and on USN, Chief of Naval Operations; Gen- the Mississippi River Commission; the ‘‘Safety of Radioactive Waste Man- eral Michael W. Hagee, USMC, Com- Rear Admiral Nicholas A. Prahl, agement,’’ T. Doc. 106–48. mandant of the Marine Corps. NOAA, to be a Member of the Mis- The Committee will consider and Panel II: The Honorable John J. sissippi River Commission; and from vote on the following agenda item: Young, Jr., Assistant Secretary of the Richard W. Moore, nominated to be In- Treaty: Joint Convention on the Navy for Research, Development, and spector General of the Tennessee Val- Safety of Spent Fuel Management, and Acquisition; Vice Admiral Michael G.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.097 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4647 Mullen, USN, Deputy Chief of Naval Furthermore, this legislation would to the air wing in strike planning, Operations for Resources, Require- cover those Reserve Component per- flight execution and carrier operations. ments, and Assessments. sonnel who were serving in a drill sta- Their day and night time boarding The PRESIDING OFFICER. Without tus in the Pentagon during the attacks rates and landing grades have exceeded objection, it is so ordered. on the United States on 9/11. all other Carrier Air Wing 8’s squad- f This bill has the support of the Mili- rons. PRIVILEGE OF THE FLOOR tary Coalition, a consortium of nation- ally prominent uniformed services and While these are only two of the de- Mr. ALLARD. Mr. President, I ask veterans organizations representing ployments that have taken place in re- unanimous consent to allow my judi- more than 5.5 million members, the Na- cent years, they highlight the ever-in- cial nomination staffer, Cory Gardner, tional Guard, and the Senate Armed creasing role of reservists in defending to be allowed to sit next to me on the Services Committee. America’s security interests around floor along with a member of Senator The roles and missions of the Reserve the world, and mark a radical depar- HATCH’s Judiciary staff, Ryan components has changed over the past ture from the past. Higginboth. several years, as the active duty force The PRESIDING OFFICER. Without The figures are quite staggering has evolved from the downsizing of our objection, it is so ordered. when considered in total. military forces during the last decade. Today, nearly 60,000 reservists and f I suspect that more changes will come National Guardsmen, including volun- THE CALENDAR as our national military strategy con- Mr. TALENT. Mr. President, I ask tinues to evolve. teers, are deployed under three Presi- unanimous consent that the Senate Instead, we have a military force dential callup orders for Bosnia, proceed to the immediate consider- that continues to rely more on the Re- Kosovo, and Southwest Asia. For Oper- ation of the following calendar items serve Components—men and women in ations Noble Eagle, Enduring Freedom en bloc: Calendar No. 54 and Calendar the National Guard and Reserves—to and Iraqi Freedom over 275,000 men and No. 55. go to war and to perform other critical women from the National Guard and The PRESIDING OFFICER. The military tasks abroad and at home. the Reserves have been mobilized. clerk will report the bills by title. Many combat, combat support and During each of the past 5 years, Re- The legislative clerk read as follows: other support missions are being car- serve and National Guard service mem- A bill (S. 711) to amend title 37, United ried on the backs of our active and Re- bers have performed between 12 and States Code, to alleviate delay in the pay- serve Component forces—soldiers, sail- 13.5 million duty days in support of the ment of the Selected Reserve reenlistment ors, airmen and marines. bonus to members of Selected Reserve who active force. These numbers are a di- For example, in March 2001, the rect contrast to 1990, when 1 million are mobilized. Army National Guard 29th Infantry Di- A bill (S. 712) to amend title 10, United duty days were performed at a time vision took command of the American States Code, to provide Survivor Benefit when there were 25 percent more re- peacekeeping mission in Bosnia. The Plan annuities for surviving spouses of Re- servists. serves not eligible for retirement who die significance of this deployment was from a cause incurred or aggravated while on enormous, considering that more than Reservists also currently make up inactive-duty training. 75 percent of the 4,000 U.S. Army sol- more than half of the airlift crews and There being no objection, the Senate diers on the ground were Army Reserve 85 percent of the sealift personnel that proceeded to consider the bills. and Guard soldiers from 17 states—not are needed to move troops and equip- Mr. MCCAIN. Mr. President, I rise to just headquarters’ staff, but oper- ment in either wartime or peacetime talk about two bills—S. 711 and S. 712. ational units as well. operations. In addition, reserve med- I am honored to cosponsor these bills More recently, in October 2002, Fight- ical and construction battalions and with Senators LINDSEY GRAHAM, er/Attack Squadron 201’s commanding other specialists are critical to a wide CHAMBLISS, and ALLEN. There may be officer received the call to mobilize range of operations. that many Reserve Component com- others that also wish to cosponsor National Guard and Reserve service these bills to support our service men manding officers have recently re- members are performing many vital and women. ceived. With few exceptions over 100 S. 711 simply authorizes a Selective Navy reservists mobilized with their 12 tasks: from direct involvement in mili- Re-enlistment Bonus, SRB, for Na- F/A–18 Hornet A-plus jets, and began tary operations to liberate Iraq in the tional Guard and Reserve service mem- work-ups with Carrier Air Wing 8 in air, on the ground, and on the sea; to bers who would be eligible for SRB if Nevada and full day and night carrier guarding nuclear power plants in the they were in a nonmobilized or drilling qualifications at sea. The impact of United States; to providing support to status. However, when they are mobi- this accomplishment cannot be over- the War on Terrorism through guard- lized under a Presidential select Re- stated. It was the first time since the ing, interrogating, and providing med- serve callup and they re-enlist during Korean War that an entire Naval Air ical service to al-Qaida detainees; to that period, National guardsmen and Reserve Squadron has deployed aboard rebuilding schools in hurricane-strick- reservists are prohibited from receiv- an aircraft carrier, and this time VFA– en Honduras and fighting fires in our ing SRB payments until after they get 201’s base was not Fort Worth, Texas western states; from overseeing civil off active duty or mobilization status but the flight deck of the USS Theo- affairs in Bosnia, to augmenting air- sometimes 1 to 2 years later. dore Roosevelt, CVN–71. craft carriers short on active duty sail- S. 712 authorizes Survivor Benefit The reports from the field are out- ors with critical skilled enlisted rat- Plan, SBP, benefits to survivors of Na- standing. VFA–201, like hundreds of ings during at-sea exercises as well as tional Guard and Reserve service mem- other aviators during the first night of periods of deployment. ‘‘shock and awe,’’ flew their Hornets bers who die while performing inactive I believe that the civilian and uni- duty training or weekend drills. downtown to Baghdad. The pilots and formed leadership of our Armed Forces This legislation provides equity with their maintenance crews hailed from active duty service members and is Texas, Arizona, California, New Mex- and the Congress must recognize this consistent with Defense Department ico, Georgia, Florida, Nevada, Utah and involvement, and at a minimum pro- regulations when National guardsmen Colorado. They are citizen soldiers. vide equality in benefits for Reserve and reservists are mobilized under a Thirteen of eighteen VFA–201 pilots are Component service members when they Presidential select Reserve callup. airline pilots who took a temporary put on the uniform and perform their However, since January there have leave of absence from their airline jobs. weekend drills or other critical train- been 13 Reserve Component deaths dur- They were similar to active duty ing evolutions. Reservists, on duty, ing weekend military training while sailors, yet they were different. Be- who resemble their active duty coun- their units were preparing for Oper- cause they were reservists, every avi- terparts during training evolutions and ations Enduring Freedom and Iraqi ator has cruise experience, over 1,000 are deployed at times around the Freedom where families of National flight hours, and many have over 1,000 world, should be treated equally when guardsmen and reservists did not re- or 2,000 hours in the F/A–18. VFA–201’s the administration and Congress pro- ceive the survivor benefit payments. squadron aviators provided leadership vide for quality of life benefits.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.107 S01PT1 S4648 CONGRESSIONAL RECORD — SENATE April 1, 2003 I hope that all my colleagues will spect to performance of inactive-duty train- submarines. These measures have support these bills as a small expres- ing (as defined in section 101(d) of title 10, served to benefit our Navy ever since. sion of support and willingness to pro- United States Code) on or after that date. f Built at the Portsmouth Naval Ship- vide not just equality in quality of life yard and commissioned in August of TO INCREASE THE AMOUNT OF benefits for our National guardsmen 1961, the USS Thresher was the lead DEATH GRATUITY TO ARMED and reservists but support to all our ship in a new class of nuclear-powered men and women—our treasure—who FORCES MEMBERS attack submarines. are sacrificing so much for our nation, Mr. TALENT. Mr. President, I ask our freedoms and the freedom of the unanimous consent that the Armed In the fall of 1961 and throughout Iraqi people. Services Committee be discharged from 1962, the Thresher was put through its Mr. TALENT. Mr. President, I ask further consideration of S. 704 and that paces along the eastern seaboard to unanimous consent that the bills be the Senate proceed to its immediate test its new technological and weapons read a third time and passed, en bloc; consideration. advancements. Once these tests were that the motions to reconsider be laid The PRESIDING OFFICER. Without completed, the Thresher returned to upon the table, en bloc; and that any objection, it is so ordered. The clerk New England for an overhaul where she statements relating to the bills be will report the bill by title. remained until the spring of 1963. printed in the RECORD. The legislative clerk read as follows: On April 9, 1963, the Thresher de- The PRESIDING OFFICER. Without A bill (S. 704) to amend title 10, United parted the Portsmouth Naval Shipyard objection, it is so ordered. States Code, to increase the amount of the to conduct deep sea diving exercises The bills (S. 711 and S. 712) were read death gratuity payable with respect to de- the third time and passed, as follows: ceased members of the Armed Forces. some 200 miles off the coast of New England. In the morning hours of April S. 711 There being no objection, the Senate 10, 1963, after reaching her assigned Be it enacted by the Senate and House of Rep- proceeded to consider the bill. resentatives of the United States of America in Mr. TALENT. Mr. President, I ask depth, the USS Thresher, signaled her Congress assembled, unanimous consent that the bill be companion surface ship, the USS Sky- SECTION 1. PAYMENT OF SELECTED RESERVE read a third time and passed; that the lark, that it was experiencing difficul- REENLISTMENT BONUS TO MEM- ties. Shortly thereafter, the crew of the BERS OF SELECTED RESERVE WHO motion to reconsider be laid upon the ARE MOBILIZED. table; and that any statements relating Skylark realized that something had Section 308b of title 37, United States Code, to the bill be printed in the RECORD. gone very wrong as they heard the is amended— The PRESIDING OFFICER. Without sound of the Thresher breaking apart. (1) by redesignating subsections (d), (e), objection, it is so ordered. In the investigation that followed and (f) as subsections (e), (f), and (g), respec- The bill (S. 704) was read the third this terrible accident, the conclusion tively; and time and passed, as follows: (2) by inserting after subsection (c) the fol- was reached that the Thresher in all S. 704 lowing new subsection (d): likelihood had sunk due to a failure in ‘‘(d) PAYMENT TO MOBILIZED MEMBERS.—In Be it enacted by the Senate and House of Rep- its piping, a subsequent loss of power, the case of a member entitled to a bonus resentatives of the United States of America in and an inability to blow the ballast under this section who is called or ordered to Congress assembled, tanks which would have allowed the active duty, any amount of such bonus that SECTION 1. INCREASE IN DEATH GRATUITY PAY- sub to rise. To this day, the remains of is payable to the member during the period ABLE WITH RESPECT TO DECEASED of active duty of the member shall be paid MEMBERS OF THE ARMED FORCES. the Thresher rest some 8,500 feet below the member during that period of active (a) INCREASE IN DEATH GRATUITY.—Section the ocean’s surface. duty, notwithstanding the service of the 1478(a) of title 10, United States Code, is amended by striking ‘‘$6,000’’ and inserting As a result of the Thresher incident, member on active duty pursuant to such call the Navy initiated two significant or order to active duty.’’. ‘‘$12,000’’. (b) EFFECTIVE DATE.—The amendment changes to enhance submarine safety. S. 712 made by subsection (a) shall take effect on The first of these was the SUBSAFE Be it enacted by the Senate and House of Rep- September 11, 2001, and shall apply with re- program, which ensured that every resentatives of the United States of America in spect to deaths occurring on or after that Congress assembled, submarine in the fleet and every future date. submarine built had to pass a rigorous SECTION 1. SURVIVOR BENEFIT PLAN ANNUITIES f FOR SURVIVING SPOUSES OF RE- testing program on hull integrity sys- SERVES NOT ELIGIBLE FOR RETIRE- RECOGNIZING 40TH ANNIVERSARY tems as well as pressure-related parts. MENT WHO DIE FROM A CAUSE IN- OF SINKING OF USS ‘‘THRESHER’’ CURRED OR AGGRAVATED WHILE No sub would go into service without a ON INACTIVE-DUTY TRAINING. Mr. TALENT. Mr. President, I ask 100-percent certification. (a) SURVIVING SPOUSE ANNUITY.—Para- unanimous consent that the Senate Second, this tragedy inspired the graph (1) of section 1448(f) of title 10, United proceed to the immediate consider- Navy to encourage a new ocean engi- States Code, is amended to read as follows: ation of S. Res. 102, which was sub- neering discipline within a handful of ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec- mitted earlier today by Senator retary concerned shall pay an annuity under prestigious educational institutions. SUNUNU. Today, engineers in this discipline are this subchapter to the surviving spouse of— The PRESIDING OFFICER. The ‘‘(A) a person who is eligible to provide a trained to design and implement sys- clerk will report the resolution by reserve-component annuity and who dies— tems that can withstand the rigors of a title. ‘‘(i) before being notified under section lifetime’s use in ocean waters. 12731(d) of this title that he has completed The legislative clerk read as follows: the years of service required for eligibility A resolution (S. Res. 102) recognizing the Today, I join with Senators GREGG, for reserve-component retired pay; or 40th anniversary of the sinking of the USS SNOWE and COLLINS to submit this reso- ‘‘(ii) during the 90-day period beginning on Thresher. lution to honor the naval and civilian the date he receives notification under sec- There being no objection, the Senate crew of the USS Thresher. tion 12731(d) of this title that he has com- proceeded to consider the resolution. pleted the years of service required for eligi- This resolution will provide Senate Mr. SUNUNU. Mr. President, this recognition of the 40th anniversary of bility for reserve-component retired pay if legislation pays tribute to the 129 offi- he had not made an election under sub- the Thresher incident—April 10—and section (a)(2)(B) to participate in the Plan; cers, sailors, and civilians who lost pay tribute to her valiant crew. The their lives aboard the USS 40 or Thresher resolution also calls on the Senate to ‘‘(B) a member of a reserve component not years ago next week. The loss of these brave individuals express its deep gratitude to all Amer- described in subparagraph (A) who dies from ican submariners who are on ‘‘eternal an injury or illness incurred or aggravated in was a tragedy for the U.S. submarine line of duty during inactive-duty training.’’. service, for the Navy, and the Nation. patrol.’’ (b) CONFORMING AMENDMENT.—The heading Yet out of this tragedy, the Navy was Next week, on the 40th anniversary of for subsection (f) of section 1448 of such title able to learn important lessons about the Thresher accident, Senators GREGG, is amended by inserting ‘‘OR BEFORE’’ after submarine safety and acted to correct SNOWE, COLLINS and I will submit an- ‘‘DYING WHEN’’. (c) EFFECTIVE DATE.—The amendments design and construction concerns that other resolution that will call on the made by this section shall take effect as of existed on other subs, and prevent en- Secretary of the Army to erect a mod- September 10, 2001, and shall apply with re- gineering and design flaws on future est memorial at Arlington National

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.103 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4649 Cemetery to honor the men and women Cayey, Steven George, Torpedoman’s Mate Muise, Ronald Arthur, Commissaryman Sec- who were lost on the Thresher as well Second Class ond Class as other nuclear submariners lost at Christiansen, Edward, Seaman Musselwhite, James Alton, Electronics Tech- Claussen, Larry William, Electrician’s Mate nician Second Class sea. Second Class Nault, Donald Emery, Commissaryman First The memorial would be designed not Clements, Thomas Edward, Electronics Class to detract in any way from the solemn Technician Third Class Noonis, Walter Jack, Chief Radioman nature of Arlington. In fact, I believe it Cummings, Francis Michael, Sonarman Sec- Norris, John Daniel, Electronics Technician ond Class First Class would provide visitors a place of reflec- Dabruzzi, Samuel Joseph, Electronics Tech- tion where they can pay their respects Oetting, Chesley Charles, Electrician’s Mate nician Second Class Second Class to all of these brave individuals. Davison, Clyde Elcott, III, Electronics Tech- Pennington, Roscoe Cleveland, Chief Elec- nician Third Class Our Nation’s submarine force is often trician’s Mate Day, Donald Clifford, Engineman Third Class referred to as the ‘‘silent service.’’ Peters, James Glen, Senior Chief Elec- Denny, Roy Overton, Jr., Electrician’s Mate trician’s Mate They are the original stealth fighters, First Class and, as such, submarines and their Dibella, Peter Joseph, Seaman Phillippi, James Frank, Sonarman Second Class crews have proven to be a critical com- Dundas, Don Roy, Electronics Technician Second Class Philput, Dan Andrew, Engineman Second ponent of our Nation’s defense. It is Class only fitting that we pay tribute to Dyer, Troy Earl, Electronics Technician First Class Podwell, Richard, Machinist’s Mate Second those who risk their lives for us as well Forni, Ellwood Henry, Chief Sonarman Class as those who have paid the ultimate Foti, Raymond Peter, Electronics Techni- Regan, John Sage, Machinist’s Mate First sacrifice. cian First Class Class I encourage my colleagues to join Freeman, Larry Wayne, Fire Control Techni- Richie, James Patrick, Radioman Second Class Senators GREGG, SNOWE, COLLINS and cian Second Class Fusco, Gregory Joseph, Electrician’s Mate Robison, Pervis, Seaman me in honoring these individuals by Second Class Rountree, Glenn Alva, Quartermaster Sec- supporting both of these measures. And Gallant, Joseph Andrew, Chief Hospitalman ond Class I ask for their speedy consideration by Garcia, Napoleon Tomas, Chief Steward Rushetski, Anthony Alexander, Electronics the Senate. Garner, John Edmond, Yeoman Seaman Technician Second Class The 129 men of the USS Thresher who Gaynor, Robert William, Engineman Second Schiewe, James Michael, Electrician’s Mate lost their lives deserve our recognition Class First Class Gosnell, Robert Howard, Seaman Shafer, Benjamin Nathan, Master Chief Elec- and our gratitude. Therefore, I ask Graham, William Edward, Chief Sonarman trician’s Mate unanimous consent that the names of Gunter, Aaron Jackie, Chief Quartermaster Shafer, John Davis, Senior Chief Elec- these men—the 16 officers, 96 crew and Hall, Richard Charles, Electronics Techni- trician’s Mate 17 civilian technicians aboard the cian Second Class Shimko, Joseph Thomas, Machinist’s Mate Thresher be printed in the RECORD. Hayes, Norman Theodore, Electronics Mate First Class There being no objection, the mate- First Class Shotwell, Burnett Michael, Electronics Heiser, Laird Glenn, Machinist’s Mate First Technician Seaman rial was ordered to be printed in the Class Sinnett, Alan Dennison, Fire Control Tech- RECORD, as follows: Helsius, Marvin Theodore, Machinist’s Mate nician Second Class UNITED STATES SHIP ‘‘THRESHER’’ (SSN 593) Second Class Smith, William Harry, Jr., Boilerman First IN MEMORIAM, APRIL 10, 1963 Hewitt, Leonard Hogentogler, Chief Elec- Class trician’s Mate Snider, James Leonard, Machinist’s Mate OFFICERS Hoague, Joseph Hartshorne, Torpedo-man’s First Class Allen, Philip Harcourt, Lieutenant Com- Mate First Class Solomon, Ronald Hal, Chief Electrician’s mander Hodge, James Porter, Electrician’s Mate Mate Second Class Babcock, Ronald Clare, Lieutenant Junior Steinel, Robert Edwin, Sonarman First Class Grade Hudson, John Francis, Engineman First Class Van Pelt, Roger Edwin, Interior Communica- Biederman, Robert Donald, Lieutenant tions Electrician First Class Inglis, John Penfield, Seaman Billings, John Hilary, Lieutenant Com- Walski, Joseph Alfred, Radioman First Class mander Johnson, Brawner Garth, Fire Control Tech- Wasel, David Allan, Radioman Seaman Collier, Merrill Francis, Lieutenant nician First Class DiNola, Michael John, Lieutenant Com- Johnson, Edward Albert, Chief Engineman Wiggins, Charles Louis, Fire Control Techni- mander Johnson, Richard Lee, Radioman Seaman cian First Class Garner, Pat Mehaffy, Lieutenant Com- Johnson, Robert Eugene, Chief Wise, Donald Edward, Chief Machinist’s mander Torpedoman’s Mate Mate Grafton, John Gilbert, Lieutenant Junior Johnson, Thomas Benjamin, Electronics Wolfe, Ronald Eugene, Quartermaster Sea- Grade Technician First Class man Harvey, John Wesley, Lieutenant Com- Jones, Richard William, Electrician’s Mate Zweifel, Jay Henry, Electrician’s Mate Sec- mander Second Class ond Class Henry, James John, Jr., Lieutenant Junior Kaluza, Edmund Joseph, Sonarman Second CIVILIANS Grade Class Abrams, Fred Philip, Inspector, Portsmouth Krag, Robert Lee, Lieutenant Commander Kantz, Thomas Charles, Electronics Techni- cian Second Class Naval Shipyard Lyman, John Sheldon, Jr., Lieutenant Com- Beal, Daniel W., Jr., Electronic Engineer, mander Kearney, Robert Dennis, Machinist’s Mate Portsmouth Naval Shipyard Malinski, Frank John, Lieutenant Junior Third Class Grade Keiler, Ronald Dean, Interior Communica- Charron, Robert E., Electronic Technician, Portsmouth Naval Shipyard Parsons, Guy Carrington, Jr., Lieutenant tions Electrician Second Class Junior Grade Kiesecker, George John, Machinist’s Mate Corcoran, Kenneth James, Progressman, Portsmouth Naval Shipyard Smarz, John, Jr., Lieutenant Second Class Klier, Billy Max, Engineman First Class Critchley, Kenneth James, Progressman, Wiley, John Joseph, Lieutenant Junior Portsmouth Naval Shipyard Grade Kroner, George Ronald, Commissaryman Third Class Currier, Paul Chevalier, Progressman, Ports- SHIPS CREW Lanouette, Norman Gilbert, Quartermaster mouth Naval Shipyard Arsenault, Tilmon J., Chief Engineman First Class DesJardins, Richard Roy, Mechanical Engi- Bain, Ronald Eugene, Engineman Second Lavoie, Wayne Wilfred, Yeoman First Class neer, Portsmouth Naval Shipyard Class Mabry, Templeman Norwood, Jr., Dineen, George J., Electrician, Portsmouth Bell, John Edward, Machinist’s Mate First Engineman Second Class Naval Shipyard Class Mann, Richard Herman, Jr., Interior Com- Fisher, Richard Kaye, Mechanical Engineer, Bobbitt, Edgar Solon, Electrician’s Mate munications Electrician Second Class Portsmouth Naval Shipyard Second Class Marullo, Julius Francis, Jr., Quartermaster Guerette, Paul Alfred, Engineering Techni- Boster, Gerald Charles, Electrician’s Mate First Class cian, Portsmouth Naval Shipyard Third Class McClelland, Douglas Ray, Electrician’s Mate Jaquay, Maurice Frank, Sonar Field Engi- Bracey, George, Steward Third Class Second Class neer, Raytheon Company Brann, Richard Paul, Engineman Second McCord, Donald James, Machinist’s Mate Kuester, Donald William, Electronics Engi- Class First Class neer, Naval Ordnance Laboratory Carkoski, Richard James, Engineman First McDonough, Karl Paul, Torpedoman’s Mate Moreau, Henry Charles, Leadingman, Ports- Class Third Class mouth Naval Shipyard Carmody, Patrick Wayne, Storekeeper Sec- Middleton, Sidney Lynn, Machinist’s Mate Palmer, Franklin James, Leadingman, ond Class First Class Portsmouth Naval Shipyard

VerDate Dec 13 2002 04:47 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 8472 E:\CR\FM\G01AP6.060 S01PT1 S4650 CONGRESSIONAL RECORD — SENATE April 1, 2003 Prescott, Robert Dan, Marine Engineer, land, the U.S.S. Thresher began her final de- eral nature of our amendments and we Portsmouth Naval Shipyard scent; will be ready to offer those starting to- Stadtmuller, Donald T., Field Engineer, Whereas the U.S.S. Thresher was declared morrow morning, as soon as they com- Sperry Gyroscope Company lost with all hands on April 10, 1963; plete their opening statements. Whitten, Lawrence Eugene, Electronic Engi- Whereas from the loss of the U.S.S. neer, Portsmouth Naval Shipyard As I indicated, the Democratic leader Thresher, there arose the SUBSAFE pro- has indicated he wants us to work as Mr. GREGG. Mr. President, today I gram, which has kept United States’ subma- quickly, as expeditiously, and as com- wish to honor the brave Americans who riners safe at sea ever since as the strongest, pletely as possible, making sure we served on the USS Thresher. The nu- safest submarine force in history; have the number of amendments we clear submarine USS Thresher, named Whereas from the loss of the U.S.S. feel strongly about but not overload after a shark, was built with extreme Thresher, there arose in our Nation’s univer- this bill with extraneous amendments. pride by yankee craftsmen working at sities the ocean engineering curricula that We look forward to having this matter the Portsmouth Naval Shipyard, Ports- enables the United States’ preeminence in completed sometime Thursday. mouth, NH. After operations in the At- submarine warfare; and I have no objection to the initial re- lantic and Caribbean, she returned to Whereas the crew of the U.S.S. Thresher demonstrated the ‘‘last full measure of devo- quest. the Portsmouth Naval Shipyard for Mr. TALENT. Mr. President, I fur- overhaul, and then on April 10, 1963 she tion’’ in service to this Nation, and this de- votion characterizes the sacrifices of all sub- ther ask unanimous consent that at 11 went back to sea for post-overhaul a.m., the Senate proceed to the consid- trials. Sadly, during those deep-diving mariners, past and present: Now, therefore, be it eration of the supplemental appropria- trials, the Thresher was lost off the Resolved, That the Senate— tions bill as reported by the Appropria- coast of New England, along with all 96 (1) recognizes the 40th Anniversary of the tions Committee. I further ask consent sailors, 16 officers, and 17 civilians on sinking of the U.S.S. Thresher; that at 1:30 p.m., the Senate then pro- board, falling more than 8,000 feet (2) remembers with profound sorrow the ceed to executive session and there below the sea. loss of the U.S.S. Thresher and her gallant then be 30 minutes of debate equally di- The sailors, officers and civilians crew of sailors and civilians on April 10, 1963; vided in the usual form prior to the aboard the USS Thresher made the ulti- and cloture vote on the nomination of mate sacrifice in support of our Nation. (3) expresses its deepest gratitude to all Miguel Estrada to be a circuit judge for They are remembered daily throughout submariners on ‘‘eternal patrol’’, who are the DC Circuit; provided further that if New Hampshire, and Maine, and cer- forever bound together by their dedicated cloture is not invoked, the Senate then tainly within the U.S. Navy. This and honorable service to the United States of return to legislative session. measure we introduced recognizes the America. The PRESIDING OFFICER. Without courage and bravery these men dem- SEC. 2. TRANSMISSION OF RESOLUTION. objection, it is so ordered. onstrated in risking their lives in the The Secretary of the Senate shall transmit f development of the United States a copy of this resolution to the Chief of Navy’s submarine program, a program Naval Operations and to the Commanding PROGRAM which has proven invaluable to the Officer of the Portsmouth Naval Shipyard to Mr. TALENT. Mr. President, for the American military. The tragedy of the be accepted on behalf of the families and information of all Senators, the Senate USS Thresher demonstrates the inher- shipmates of the crew of the U.S.S. Thresher. will be in a period for morning business ent danger of submarine service. f tomorrow morning until 11 a.m. to On this the 40th anniversary of the allow Members to continue to make ORDERS FOR WEDNESDAY, APRIL statements in support of our troops. tragedy, it is fitting that the Senate 2, 2003 remembers with profound sorrow the This is, of course, according to the ma- loss of the USS Thresher and her gal- Mr. TALENT. Mr. President, I ask jority leader. At 11 a.m., the Senate lant crew of sailors and civilians; and unanimous consent that when the Sen- will begin consideration of the supple- expresses its deepest gratitude to all ate completes its business today, it mental appropriations bill. Amend- submariners on eternal patrol, who are stand in adjournment until 10 a.m., ments are anticipated on that measure. forever bound together by their dedi- Wednesday, April 2. I further ask that The majority leader would encourage cated and honorable service to the following the prayer and pledge, the Members to notify the managers if United States of America. May our morning hour be deemed expired, the they intend to offer any amendments. country never forget those who gave Journal of proceedings be approved to At 2, the Senate will conduct the their last full measure on the USS date, the time for the two leaders be fourth cloture vote in relation to the Thresher. reserved for their use later in the day, Estrada nomination. Following that and the Senate then begin a period for Mr. TALENT. I ask unanimous con- cloture vote, the Senate will resume morning business until 11 a.m., with consideration of the supplemental ap- sent that the resolution be agreed to, the time equally divided between Sen- the preamble be agreed to, the motion propriations bill. The Senate will com- ator HUTCHISON and the minority lead- plete action on the supplemental this to reconsider be laid upon the table, er or their designees. and that any statements relating week so we can get the necessary funds thereto be printed in the RECORD. The PRESIDING OFFICER. The Sen- flowing to our brave men and women ator from Nevada. The PRESIDING OFFICER. Without who are serving in Iraq. Therefore, the objection, it is so ordered. Mr. REID. Reserving the right to ob- leader would inform all Senators to ex- ject, before the unanimous consent re- pect a busy day tomorrow with rollcall The resolution (S. Res. 102) was quest is completed, I will state that we votes throughout. agreed to. had a very successful appropriations f The preamble was agreed to. meeting today. It was completed in less The resolution, with its preamble, than 2 hours. There were a number of ADJOURNMENT UNTIL 10 A.M. reads as follows: amendments that the chairman and TOMORROW S. RES. 102 ranking member, Senator BYRD, agreed Mr. TALENT. If there is no further Whereas the U.S.S. Thresher was first to, and the committee accepted their business to come before the Senate, I launched at Portsmouth Naval Shipyard on recommendations. We were able to re- ask unanimous consent that the Sen- July 9, 1960; solve what we thought would be the ate stand in adjournment under the Whereas the U.S.S. Thresher departed more contentious matter relating to previous order. Portsmouth Naval Shipyard for her final the airline industry. We are well down There being no objection, the Senate, voyage on April 9, 1963, with a crew of 16 offi- the road to complete this legislation in at 7:13 p.m, adjourned until Wednesday, cers, 96 sailors, and 17 civilians; the time set forth by Senator BYRD and April 2, 2003, at 10 a.m. Whereas the mix of that crew reflects the Senator STEVENS, which will be some- f unity of the naval submarine service, mili- time on Thursday. CONFIRMATION tary and civilian, in the protection of the Senator DASCHLE has asked the Executive nomination confirmed by Nation; Democratic Senators to do what they the Senate April 1, 2003: Whereas at approximately 7:47 a.m. on could to expedite this matter. We have April 10, 1963, while in communication with a limited number of amendments, most THE JUDICIARY the surface ship U.S.S. Skylark, and approxi- of which deal with homeland security. TIMOTHY M. TYMKOVICH, OF COLORADO, TO BE UNITED mately 300 miles off the coast of New Eng- Senator STEVENS is aware of the gen- STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT.

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