Floor Statements

I yield 12 minutes to the Senator from Iowa.

Mr. President, I thank the chairman of the Budget Committee for yielding me some time. I also want to thank him and let him know how much I appreciate the yeoman work he is doing in regard to this budget.

I am a member of the Budget Committee. I had an opportunity to serve with him during the deliberations in the committee, and at the very start the chairman of the Budget Committee, Senator Nickles, said: We are going to work in a bipartisan way. We are going to work with the President, we are going to work with the House of Representatives, we are going to work with the Members of the Senate. But his most important priority is to get a budget passed.

I think he had it right because the most important thing we can do in this Senate is to pass a budget. Now, it may not be a perfect budget that I would envision or the chairman would envision or somebody in the House or the President would envision, but we need to have a blueprint that will lay out the plan for this Senate and how we are going to handle those valuable tax dollars that get sent to Washington, DC.

People refer to the sham in this budget. The sham is when we do not pass the budget. The big failure in the last Congress was that we did not pass a budget. There was an attempt to try to pass appropriations bills and spending bills through the process, but they did not have a blueprint to follow. We did not have a budget. Well, we are working hard to get a budget passed now so we will have a blueprint.

I was struck by the comments that Senator Grassley, the chairman of the Finance Committee, made when he said, I do not recall an amendment that was ever put forward by those who oppose the President's tax cut plan that suggested we ought to cut spending.

There were some Republican amendments, particularly the traditional one offered by Senator McCain, where he goes after porkbarrel spending that was actually working to cut spending, but I do not recall any others.

Then I got to thinking about when we started this process this year, we came back in, we got sworn in, and the first two weeks we are working on an appropriations bill in an omnibus bill. There were 11 appropriations bills we did not get passed in the last session because we did not have a budget, we did not have a blueprint.

While that omnibus bill was going through, there were some $50 billion in amendments that were offered by that group of individuals who are opposing the President's plan. So we move on further and then we bring up the budget resolution itself, and if we look at the number of amendments from those who oppose the budget and oppose the President's plan, there was $1.6 trillion at the desk to be acted on. It ended up being about $950 billion, all spending increases, all increasing the deficit, all increasing the total debt. I am speaking of the 40 amendments we ended up acting on, on the last day when we had our voting marathon.

Then we had the supplemental bill that came up and now is in the conference committee this week that we have been working on, and here we have $12.3 billion in new spending that was put in the supplemental that was supposed to take care of just emergency spending. Many who are opposing this budget today, who oppose the President's plan, the amendments they offered increased spending. They did not cut spending, but they added to the deficit, and they did not have to comply with the budget rules because it was an emergency supplemental.

When we have an emergency supplemental, that means that the budget rules do not apply. So we have Members of this body who cannot wait to have an opportunity to have an emergency supplemental bill come through because amendments or legislation that fall under the budget guidelines that we should pass with every Congress every year, that gives them a chance to get out from under those rules because they increase spending.

The only time we hear from many of the individuals who are opposing this budget, opposing the President's plan, and who speak about how important it is to eliminate deficit spending is when we are talking about tax cuts.

I think we need to have tax cuts. I think we need to have something to stimulate the economy. How are we going to stimulate the economy? I do not think we do it by increased spending. We started our spending binge as early as 2002.

If we look back at what has been happening to the gross domestic product, it has been growing, probably peaked out somewhere around 2001, 2002--our spending binge started about 2000 actually, and all the agencies that want to increase spending always wanted to talk about how much they were spending as a percentage of gross domestic product because gross domestic product measured all the goods and services that happen in our economy. There has been phenomenal growth. So it made their budgets look relatively small in relation to the total economy of this country.

The taxpayers in this country are paying a burden that is among the highest it has ever been in the history of the country as a percentage of gross domestic product, especially since World War II. That tells me we have to do something to stimulate the economy. The only solution is to cut taxes.

Increased spending will not do it. Doing nothing is not acceptable. We need to cut taxes.

I strongly support any effort we have to cut taxes. I don't think our tax cut package is big enough, considering how big our gross domestic product is. It really needs to be more to stimulate the economy.

Finally, we need to get this bill passed. The longer we delay getting it passed, the more it tends to delay our efforts. We need to get our money to take care of the needs of our men and women on the military.

I was as disappointed as anyone about the increased spending driven because of September 11, and increased spending as a result of trying to maintain peace in the world in the Iraq crisis. It is a need we had to face. As a businessman, I realize sometimes you have to incur debt to take care of immediate problems in the business. You always had a plan to pay off the debt. There is a plan in this budget to pay off this debt. That is not easy to come up with.

The chairman of the Budget Committee worked hard to have a plan laid out to meet what the President was wanting to see as far as tax cuts to meet the increased needs, and then to have a plan out there to eliminate deficit spending within 10 years. I compliment the chairman. He is doing a great job. I support the budget.

I yield the floor.

Mr. President, I rise today to introduce the American Dream Downpayment Act. I am pleased to have Senator Sessions join me in introducing this bill.

Homeownership has long been the American dream, and we are incredibly fortunate that in America more and more families have been able to achieve the dream of homeownership. In fact, right now more American families own their home than ever before, and that number continues to increase.

However, for some working families, low income families, women-headed households, minority families, urban dwellers, and young families the dream of homeownership remains elusive.

This is particularly true for minority families. While Americans enjoy the world's greatest opportunities for becoming homeowners, only 47 percent of African-American and Hispanic families own their homes, as compared to 75 percent of white families.

We must eliminate this gap in homeownership, so I am pleased to join with President Bush and Secretary Martinez in the initiative to create 5.5 million new minority homeowner families by the end of the decade.

One key component of this initiative is the American Dream Downpayment Initiative, which I am pleased to introduced today in the Senate. This bill will provide $200 million annually to State and local governments for downpayment assistance programs.

One of the greatest barriers for families in becoming homeowners is their inability to afford the downpayment requirements and closing costs. These are hard working families that can make mortgage payments, they simply need assistance with the downpayment and closing costs.

The American Dream Downpayment Initiative will create 40,000 new homeowners each year, focusing on low-income and first-time homebuyers. And because the initiative will be administered through HUD's existing HOME program, it will minimize bureaucracy and duplication while maximizing flexibility for local jurisdictions.

Homeownership has many benefits for cities, neighborhood, and families. In fact, a study released by the Homeownership Alliance revealed that children living in an owned home scored nine percent higher on math tests and seven percent higher in reading achievement.

Homeownership has the power to transform individual lives and to

strengthen entire communities. Increasing homeownership, particularly among minorities, is a top goal for me.

The $200 million for the American Dream Downpayment Fund will help make that dream come true for more American families.

I look forward to the opportunity to working with my colleagues to get the American Dream Downpayment Initiative enacted into law.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce the American Dream Downpayment Act. I am pleased to have Senator Sessions join me in introducing this bill.

Homeownership has long been the American dream, and we are incredibly fortunate that in America more and more families have been able to achieve the dream of homeownership. In fact, right now more American families own their home than ever before, and that number continues to increase.

However, for some working families, low income families, women-headed households, minority families, urban dwellers, and young families the dream of homeownership remains elusive.

This is particularly true for minority families. While Americans enjoy the world's greatest opportunities for becoming homeowners, only 47 percent of African-American and Hispanic families own their homes, as compared to 75 percent of white families.

We must eliminate this gap in homeownership, so I am pleased to join with President Bush and Secretary Martinez in the initiative to create 5.5 million new minority homeowner families by the end of the decade.

One key component of this initiative is the American Dream Downpayment Initiative, which I am pleased to introduced today in the Senate. This bill will provide $200 million annually to State and local governments for downpayment assistance programs.

One of the greatest barriers for families in becoming homeowners is their inability to afford the downpayment requirements and closing costs. These are hard working families that can make mortgage payments, they simply need assistance with the downpayment and closing costs.

The American Dream Downpayment Initiative will create 40,000 new homeowners each year, focusing on low-income and first-time homebuyers. And because the initiative will be administered through HUD's existing HOME program, it will minimize bureaucracy and duplication while maximizing flexibility for local jurisdictions.

Homeownership has many benefits for cities, neighborhood, and families. In fact, a study released by the Homeownership Alliance revealed that children living in an owned home scored nine percent higher on math tests and seven percent higher in reading achievement.

Homeownership has the power to transform individual lives and to

strengthen entire communities. Increasing homeownership, particularly among minorities, is a top goal for me.

The $200 million for the American Dream Downpayment Fund will help make that dream come true for more American families.

I look forward to the opportunity to working with my colleagues to get the American Dream Downpayment Initiative enacted into law.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise to speak under morning business that we set aside to salute our troops in Iraq. Initially, the plan that was put together by the military leadership was criticized, but today it is heralded as one of the great military strategies put together and will probably go down in the annals of military strategy. A number of individuals throughout the country are writing comments about our troops in Iraq.

I have an article written by Rick Atkinson, Washington Post Foreign Service, Thursday, April 3, 2003. It reads:

An enthusiastic welcome for U.S. forces in Najaf turned

jubilant today, as several thousand Iraqis braved sporadic

firefights for what one Special Forces officer described as

``the Macy's Day parade,'' applauding a U.S. patrol that

pushed close to a religious shrine at the center of the city.

Four days after encircling Najaf, the 101st Airborne

Division tightened the occupation today.

Three infantry battalions rolled through the streets,

including neighborhoods around the venerated tomb of Ali,

son-in-law of the prophet Muhammad.

Fourteen M1 Abrams tanks clanked up and down the southern

boulevards, and another brigade of several thousand troops

cinched the cordon on the north, seizing arms caches and

swapping fire with elusive gunmen who are now believed to

number no more than a few score.

In the midst of the fighting, a U.S. patrol approached

Ali's tomb attempting to contact local clerics but were met

instead by a crowd. Lt. Col. Chris Hughes, a battalion

commander in the 1st Brigade, said, ``We waited about an hour

and a half, and the hair on the back of my neck began to

stand up. The crowd got bigger and bigger, so we pulled back

out. But it was like the liberation of Paris.''

I state our troops have been mindful of the Iraqi culture during the push north toward Baghdad. Our soldiers have been helping guard a religious shrine in southern Iraq. The temple is called the Temple of Ziggurat and was built 4,000 years ago. Many know the site as the birthplace of Abraham. This is just one example of the way our men and women were respectful of the rich heritage of the Iraqi people and committed to helping them preserve their legacy.

I have a picture of a small Iraqi child giving a thumbs-up to our American soldiers because he recognizes the great job our men and women are doing in Iraq and recognizes the fact it is his freedom we are talking about. They are fighting not only to protect America but to provide an environment where freedom will thrive in a new Iraq.

I yield the floor and suggest the absence of a quorum.

Mr. President, I take a moment to welcome our Chaplain for the day.

Frank and Krista Cirone, with their four children: Andrew, Benjamin, Isaak, and Anikka, live and minister at Ravencrest Chalet of the Torchbearer International Missionary Fellowship. Ravencrest Chalet is a Bible school and Christian conference center in Estes Park, CO. The Cirones enjoy hiking, mountain biking, and snowboarding in the Colorado Rockies.

Frank graduated from Philadelphia Biblical University in 1989 prior to joining the staff at Ravencrest Chalet. Frank is pursuing his master's degree in leadership from Denver Seminary. At Ravencrest, he serves as principal of the Bible school, resident instructor and coordinator of the second year leadership program.

Besides his responsibilities at Ravencrest, Frank spends time traveling and speaking at various conferences and retreats both in North America and overseas. He very much enjoys motivating people to a deeper love for Christ that influences all aspects of daily living through dynamic communication and interaction. I want to thank Mr. Cirone and his family for

making the trip to Washington, DC and participating today in the opening prayer of the Senate.

Mr. President, Members of the Congress have been receiving reports on a daily basis on the conflict in Iraq. At these briefings, I report back to Members of the Congress and America that things have been going well, much better than many expected, in the war in Iraq.

What we have been getting out of these briefings is just how highly trained are our men and women in the Armed Forces and how the technological developments of this country have helped make their job easier on the battlefield. We have learned to appreciate their courage and commitment to protecting America's freedom.

Today marks the 14th day of Operation Iraqi Freedom, and the fight for freedom continues in the Middle East. Our brave members of the U.S. military have shown the entire world how truly committed the United States is to ending the dangerous regime in Iraq. By sacrificing their lives so those in Iraq can finally be allowed peace, coalition forces continue to courageously march toward Baghdad.

During the last 2 weeks, I, along with many of my colleagues, have continued to come down to the Senate floor daily to honor our troops and praise their valor. While we stand in the safety of the Capitol Building, our words will not be heard by those who are directly in harm's way, but the words are still needed.

It is important for us to continue to honor these men and women, some of whom will not come home, who fight for freedom and the safety and security of the United States of America. I would like at this time to honor some of those brave men and women from my home State of Colorado who this very day are being moved into the Persian Gulf.

The 3rd Armored Calvary Regiment as well as the 3rd Brigade Combat Team have been deployed from Fort Carson over the 3 weeks and continue to do so today. Many of these individuals have been waiting for the chance to stand shoulder to shoulder with their comrades already participating in Operation Iraqi Freedom. I salute them for their bravery.

It is clear that after all of the deployments from Fort Carson are completed, it will mark the biggest mobilization from the base since World War II. I sincerely hoped that the course of events that have led to the mobilization of soldiers not only from Colorado but those stationed all over the world would not have happened. But it was apparent from the beginning that our Armed Forces would need to be involved in the manner that they are now. And they have performed admirably. I pray for a safe return for our troops and that this conflict can end as soon as possible.

I would be remiss if I did not mention the names of our military personnel who will not be returning home. I offer my condolences to those families whose sons and daughters have already been lost. To the families of LCpl Thomas Slocum and Cpl Randal Kent, I give my deepest and most sincere sympathies for the loss of their sons. In their passing, they have continued the valued Marine Corps tradition of esprit de corps, and I will continue to pray for you as you mourn your loss.

Our thoughts and prayers are with our Armed Forces both at home and overseas. Our thoughts and prayers are with the families and friends. God bless America.

I yield the floor.

No. I want to ask for a clarification. Will I introduce my amendment following the Landrieu amendment?

I ask that the pending amendments be set aside.

I send an amendment to the desk and ask for its immediate consideration.

Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. President, I thank the chairman for giving me an opportunity to offer this amendment. Twice this past week, the Secretary of the Air Force, James Roche, and the Air Force Chief of Staff, GEN John Jumpers, testified before congressional committees on the progress of the Air Force's investigation into the allegation of sexual misconduct at the U.S. Air Force Academy.

Like many of my colleagues, I was stunned to hear these officials exonerate the leadership of the Academy. The Air Force investigation has not been completed, yet Secretary Roche and General Jumper have already determined that these officials were not responsible. To make this determination before the investigation is completed is irresponsible and inappropriate, in my view.

Mr. President, 42 former and current cadets who allegedly were sexually assaulted or raped have contacted my office. Some of these cases are between 5 and 10 years old. Most, however, took place within the last 5 years; 20 have occurred within the last 2 years. Let me repeat that: 20 cadets say they were sexually assaulted or raped in the last 2 years at the U.S. Air Force Academy.

The Air Force said the current leadership did not know about this problem. I disagree. I believe they chose to ignore it. Since 1998, the Academy Office for Character Development has been conducting student surveys on sexual assaults. The surveys, which were reviewed by the Academy's leadership, clearly indicated a pervasive problem with sexual assaults at the Academy.

Here are some of the results from these surveys. In 1998, 22 cadets said they had been sexually assaulted at the Academy. In 2000, 17 cadets say they had been sexually assaulted at the Academy. In 2001, 167 cadets indicated they had been sexually assaulted--167. In 2002, 80 cadets said they had been sexually assaulted at the academy. These surveys were, at the very least, a warning that the Academy leadership chose to ignore.

I served on the Academy's Board of Visitors for 4 years, and never during that time did the Air Force leadership or Academy officials bring up this issue. The first time problems of sexual misconduct at the Academy were discussed was last week. I issued repeatedly over the last year at Board of Visitors meetings a concern about sexual misconduct. Last June, for example, I urged Academy officials to investigate a highly sexual drama competition put on by cadets. I was assured that the Academy would review sexual misconduct at the Academy.

Last September, I again brought up a number of concerns raised by parents of cadets about sexual assaults at the Academy. Again I was assured the Academy would look into it.

Enough is enough. It is time to take action. I appreciate the fact that the Air Force moved so quickly on its investigation. I am also pleased the Air Force has issued a number of directives. But clearly, given the history involved and the lack of action in the past, an external review is necessary.

Therefore, Senator Warner, Senator Pryor, Senator McCain, Senator

Graham, and I, along with several others, will offer an amendment to the legislation currently before the Senate. This amendment will create an independent panel that will review the Air Force's directives and determine those who were responsible for the atmosphere that was conducive to recent acts of sexual misconduct at the Air Force Academy. The panel will begin its work by May 1, 2003, and submit a report to the President, Secretary of Defense, Secretary of the Air Force, and Congress within 90 days.

I still believe in the Air Force Academy. It is a fine institution. It has trained and equipped thousands of Air Force officers. Yet this current crisis has tarnished the reputation of the school and cast doubt on its graduates. It is time for us to take action. I urge my colleagues to support our amendment.

I yield the floor.

Mr. President, I add an additional cosponsor to the amendment, Senator Dodd.

I join my colleague from Arkansas in thanking Senators and thanking Senator McCain personally for his efforts on this amendment. It has been a delight to work in a bipartisan manner with the Senator from Arkansas. I also thank Senator Warner and his staff. All our staffs have worked hard, as this has been a last-minute amendment.

We are happy to yield back.

No objection.

Mr. President, I suggest the absence of a quorum.

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

Mr. President, I strongly support the confirmation of Tim Tymkovich as a Federal judge on the Tenth Circuit Court of Appeals. The nomination is before the Senate. I ask my colleagues to join me in supporting his confirmation.

Two years ago, one of the most talented lawyers in the State of Colorado faced a rather large but very exciting dilemma. Most of us would not look at his particular situation as a dilemma at all but, instead, view it as a welcome set of exciting career opportunities.

With the new administration filling vacancies and political appointments, he was offered the chance to serve the people of the United States, a chance to use his skills as a premier attorney through the Federal Government. This lawyer had practiced both civil litigation and appeals with an emphasis on regulatory and administrative law, particularly in the areas of telecommunications and public utilities. He served for 5 years as Colorado's solicitor general. He served as a law clerk to Justice William H. Erickson of the Colorado Supreme Court.

With all this experience under his belt, he had to decide whether to pursue a career with the Department of the Interior under the leadership of fellow Coloradan Gale Norton or to continue working in his successful law practice and to answer the call of his countrymen and President and to strive to serve the Nation as a judge on the Tenth Circuit Court of Appeals.

What choice did the attorney of whom I speak make? What path did Tim Tymkovich choose? He chose to pursue the Federal judgeship and to fulfill his sincere desire to lead a life of public service, a life dedicated to upholding the law and our Constitution.

On May 25, 2001, President Bush nominated Mr. Tymkovich to the Tenth Circuit Court of Appeals. On February 12, 2003, under the leadership of Senator Orrin Hatch, the chairman of the Senate Judiciary Committee, Mr. Tymkovich finally received a hearing. Today, nearly 2 years later, the Senate has picked up his nomination for consideration by the entire body.

Today's actions, 23 months after his nomination, move us closer to fulfilling the Senate's duty as laid out in the Constitution through the advise and consent clause of article II. This vote has been a long time in the making. After several letters, several floor statements, and almost 2 years after the original date of his nomination, Tim Tymkovich is finally getting an up-or-down vote.

I thank Senator Hatch for moving his nomination out of the committee. I thank the majority leader, Senator Frist, for scheduling this debate and the vote later on today.

The nominating process is a grueling one. To be confirmed, Mr. Tymkovich, along with his fellow nominees, put his life on hold to await action by the Senate on his nomination. In Mr. Tymkovich's case, he had to endure 2 years of uncertainty, not knowing whether he should change his law firm partnership, pursue other options, or wait for the Senate to grind forward, with each step and every decision scrutinized by the Senate. Undoubtedly, he had other career opportunities, other choices that would have led to remarkable successes. As you will recall, I mentioned the Department of the Interior possibility at the beginning of my remarks. Yet he chose to pursue the Tenth Circuit court nomination.

As we have witnessed with the Miguel Estrada debate, the judicial nomination process has broken down into partisan politics and entrenchment, taking a heavy toll on the life of the nominee and on the quality of justice delivered to the American people.

Today we have the opportunity to begin to correct this dangerous path we have been traveling. Tim Tymkovich has my unqualified support. Confirmation of his nomination by this body will prove to be a great service to the people of the United States. His nomination has enjoyed broad bipartisan support--support from judges and colleagues, both Democrat and Republican policymakers.

I have a series of charts highlighting support for his confirmation, charts I would like to share with you today.

The first chart quotes Roy Romer, former Governor of Colorado, and, I might add, former Democratic National Committee chairman who served under the tenure of President Bill Clinton and who is now superintendent of the Los Angeles United School District. Mr. Romer is a strong supporter of Mr. Tymkovich and has expressed his sentiment to the Judiciary Committee.

Governor Romer, in a letter to the committee, wrote:

Mr. Tymkovich served the State of Colorado from 1991

through 1996 during the latter part of my tenure as Governor

of the State of Colorado. He served with distinction and was

a strong advocate in legal matters for Colorado. He also

demonstrated a capacity to work closely with Colorado

Democrats, as well as Republicans, as Solicitor General. . .

. He was always a straight shooter in giving legal advice to

me and my top staff.

Governor Romer believes his past legal experiences have given Mr. Tymkovich a broad understanding of the varied legal issues that may come before him on the Tenth Circuit. Governor Romer believes Mr. Tymkovich will bring strong legal credentials to the court and a judicial temperament that should garner the support of the Senate.

I ask unanimous consent that the letter from Governor Romer be printed in the Record.

Mr. President, Mr. Tymkovich is well respected for his approach to the law and for problem solving. He manages cases and clients with civility and understanding, setting a high example for the legal community.

On a second chart, I highlight excerpts from an editorial written by the Rocky Mountain News. On June 3, 2001, the paper editorialized:

If Senators give Tymkovich a serious look, they'll find

someone who combines intellectual heft and steady

temperament.

On February 16, 2003, the News restated their endorsement of Mr. Tymkovich, writing:

We wish him prompt confirmation.

Mr. President, I ask unanimous consent that the two editorials from the Rocky Mountain News be printed in the Record.

Mr. President, the Denver Post, a paper that endorsed Al Gore over George Bush, stated on May 30, 2001, that Tim Tymkovich:

has gained a local reputation as a thoughtful, insightful

attorney who knows the law and works hard to uphold it. . .

.We urge the Senate to confirm Tymkovich to fill a seat that

has sat vacant since 1999. . . .

I ask unanimous consent that the Denver Post article be printed in the Record.

Mr. Tymkovich understands the West, its community, and its past. He has traveled extensively throughout the States of the Tenth Circuit with his wife Suzanne, a western historian and novelist, as well as an accomplished attorney in her own right. Together they traveled near and far, covering the old stomping grounds of legendary western figures such as Butch Cassidy and others.

Undoubtedly, this deep knowledge of western heritage will aid in his duties and his understanding of the law, as well as the rich judicial history of the Tenth Circuit.

Tim Tymkovich's commitment to public service is unparalleled. I have had many conversations with him, and know him to be a man of keen intellect and integrity. Through our many conversations, I have developed a strong understanding of Tim's deep commitment to public service and his strong personal respect for the rule of law in protecting people and the interests of the State.

Tim Tymkovich's legal credentials reveal a man who values independence

and fairness in the judicial process. A man who understands the implication of a lifetime appointment to our Nation's courts, a man who truly believes that there is no higher professional calling than to serve the American people through the impartial administration of the law. He will serve our Nation with the utmost of respect to our country and our Constitution, and for this reason, I urge my colleagues to vote favorably to confirm his nomination.

No one has a better understanding of the character and intellectual prowess of an attorney than his or her co-workers and peers. The legal profession is filled with practicing attorneys, lawyers who work in private firms, in the public sector, and who serve the public from the bench. The impression left on other attorneys by encounters with them at various stages of litigation and negotiation is obviously an important factor in determining whether a nominee is well suited for the bench. They work day-in and day-out with the nominee and have first hand knowledge about the type of judge a particular attorney will make. At this time, I would like to share some of the comments made by Mr. Tymkovich's colleagues.

In the third chart, I have reprinted a statement from William H. Erickson, former Chief Justice to the Colorado Supreme Court, and to whom Mr. Tymkovich served as a law clerk. Justice Erickson stated:

I served on the Colorado Supreme Court for twenty-five

years and had the privilege of working with a number of

outstanding law clerks. Tim was one of the finest clerks that

served in my chambers. He has an outstanding legal background

that qualifies him for service on the Tenth Circuit.

Justice Erickson has maintained a close relationship with Tim, his wife, and their two sons, and has expressed over and over again his strong belief that he would--and will--make a significant addition to the Tenth Circuit.

In a letter to the Senate Judiciary Committee, Justice Erickson wrote that,

As counsel to the Columbine Review Commission that

investigated the Columbine High School shooting, Tymkovich

served with great distinction and materially assisted the

Commission's preparation of a report that hopefully will

prevent other school shootings.

In a letter to Senator Hatch dated January 23, 2003, five former justices of the Colorado Supreme Court urged the Senate's timely consideration of his nomination. The justices, including Justice Jean Dubofsky, wrote:

Over the past nearly twenty years, each of us has had the

opportunity to observe Timothy M. Tymkovich as a practitioner

employed by or appearing before the Colorado Supreme Court.

During that time, Mr. Tymkovich served as a law clerk

employed by one of the justices of our court and later as

counsel representing the State of Colorado before the Court.

We have also had the opportunity to observe Mr. Tymkovich as

an attorney serving in bar organizations such as the American

Law Institute, the American Bar Foundation and as a staff

attorney of public commissions. Based on our professional

experiences, we are of the unanimous judgment that he is well

qualified and most able to serve as an appellate judge of the

United States Court of Appeals.

This group of justices, coming from varied political backgrounds and differing professional experiences and diverse legal careers and different racial, gender and ethnic backgrounds, unanimously support the confirmation of Tim Tymkovich by the entire Senate. An endorsement of this kind cannot, and must not, be taken lightly. These justices, Jean Dubofsky, Joseph Quinn, William Neighbors, Gregory Scott, and Luis Rovira, consider Mr. Tymkovich to possess the necessary attributes of a Federal judge, and that Colorado and the Nation should no longer be subjected to undue delay on his nomination.

The justices' letter ends with this powerful statement:

. . . [W]e speak as one voice, resolute in our belief that

the people are entitled to and that Mr. Tymkovich is most

deserving of consideration . . . Mr. Tymkovich's experience,

practice, public service, temperament and skills will serve

the people of the United States well.

Their unqualified support speaks volumes about Tymkovich's credentials. This powerful and unequivocal endorsement deserves repeating:

. . . [W]e speak as one voice, resolute in our belief that

the people are entitled to and that Mr. Tymkovich is most

deserving of consideration . . . Mr. Tymkovich's experience,

practice, public service, temperament and skills will serve

the people of the United States well.

This statement deserves our attention and our respect.

I ask for unanimous consent that the letter from these five justices be printed in the Record.

I ask unanimous consent the quorum call be rescinded.

I ask unanimous consent the time used during the quorum call time be charged equally to both sides.

I suggest the absence of a quorum.

If the Senator from Virginia will yield?

I would also like to be listed as a cosponsor on that resolution.

Mr. President, I would have to say that Tim Tymkovich's nomination is far from a partisan process. In fact, he has been supported in a bipartisan way. I have a list of people who have supported him. I would like to share some of the comments, letters, and statements made in support of Mr. Tymkovich's nomination.

He is widely respected in Colorado as a fair attorney who works well with others regardless of political philosophy. Just listen to the names of these supporters and you will quickly recognize that there is tremendous and broad support for his nomination from people who have worked with him on a daily basis, his peers; for example, Roy Romer, former Democratic Governor of Colorado, with whom Mr. Tymkovich had to work on a fairly regular basis since he was Solicitor General.

Let's look at what the Governor of the State of Colorado said about Tim Tymkovich:

Mr. Tymkovich served the State of Colorado from 1991

through 1996 during the latter part of my tenure as governor

of the State of Colorado. He served with distinction and was

a strong advocate in legal matters for Colorado. He also

demonstrated a capacity to work closely with Colorado

Democrats as well as Republicans as Solicitor General . . .

He was always a straight shooter in giving legal advice to me

and my top staff.

We are all involved in politics. Sometimes in the political process there is a disconnect from what politicians may say and what they may do. Timothy Tymkovich is not a politician. He a dedicated public servant. People like the former Governor of Colorado, the former head of the National Democratic Party, recognize his commitment to doing the right thing.

I cannot believe, if he carried on with some of the arguments that have been made by the opposition, that we would have support from individuals such as the former head of the national Democrat party.

The following are supporters of Tim Tymkovich:

Michael Huttner, partner in Foster, Graham, and Huttner, a law firm in Denver; William H. Erickson, former Chief Justice on the Colorado Supreme Court; John M. Hereford, executive director of Great Outdoors; William H. Hanson, a Colorado attorney; Robert F. Nagel, a resident of Boulder, Colorado, a professor of law at the University of Colorado School of Law; the Rocky Mountain News; the Denver Post; Jean Dubofsky, Colorado Supreme Court Justice. On amendment 2, she took the opposite point of view in arguing the case between the Supreme Court. Mr. Tymkovich, as solicitor general for the State of Colorado, had an obligation, regardless of his personal feelings, to argue on behalf of the people of Colorado. Jean Dubofsky, arguing on the opposite side before the Supreme Court, argued against the amendment. She has written a letter in support of his confirmation. She was his opposition on arguing on amendment 2, which my colleague from Illinois just mentioned in his remarks; she argued against Mr. Tymkovich in the position of the people of Colorado, as far as amendment 2. She said she had to respect him because he was such an eloquent advocate for the people of Colorado, he was intellectual, he made great intellectual arguments, and he is recognized throughout the legal profession in Colorado as somebody who is objective, straightforward and, above all, respects the law, respects the rule of law.

I want to just note that, again, Jean Dubofsky, an ``unabashed liberal,'' according to the Denver Post, supports Tim Tymkovich in the strongest terms. Not only was Dubofsky a justice on the Colorado Supreme Court, but she argued against Tim Tymkovich on amendment No. 2; she was opposing counsel. Tim Tymkovich now has the endorsement of not only her but five other former supreme court justices for Colorado. He is well recognized for his legal efforts in trying to enforce the law.

I think in the committee hearing Tim Tymkovich answered the questions that were put forth, and he answered them in a straightforward manner. Here are a couple of key statements he made in committee I think we need to keep in mind on the floor of the Senate. I quote what he said in committee:

I believe an appellate judge has to set aside his or her

personal views and faithfully apply applicable Supreme Court

precedent.

In other words, he sets aside his own personal views to enforce and to properly interpret the law. What more can you ask? We have three branches of Government: executive, legislative, and judicial. Our forefathers had in mind the legislative branch where we make the laws. We have the executive branch, which administers the laws passed by the Congress, and we have the judicial branch, which is set up to interpret the law and to apply the law.

In response to other questions before the committee, this is what he said about amendment No. 2, and what he said about the article referred to in my colleague's comments earlier in the debate, where Mr. Tymkovich referred to the article written on amendment No. 2:

The article itself describes the public policy arguments

that were presented to the voters during the initiative's

political campaign, not my own.

As solicitor general of the State of Colorado, he was invited by the Journal to write the article, and he complied to write that article, stating in a factual way the arguments both pro and con for amendment No. 2 in the State of Colorado.

My colleague from Illinois also talked about the previous nomination, and he implied that somehow or other, with the Christine Arguello nomination by President Clinton, there was a political process. Again, I state in the strongest terms that that simply is not true. Carlos Lucero, a Hispanic from Colorado, is the first to serve as a Hispanic on the Tenth Circuit Court of Appeals. I supported him at the time. Christine Arguello's name came up for district court. I am the one who nominated her to be on the District Court of Colorado. It wasn't a nomination, but I sent a recommendation to the President of the United States. She was never nominated by the President. Then at the last minute, her name was put forward--right at about the time we were ready to adjourn the Senate--for a position on the Tenth Circuit Court of Appeals. Frankly, the Senate didn't have time to act on a last-minute nomination put forward by the President.

Many of us have worked hard to make sure that Hispanics have an opportunity to serve on our courts. I think it is important that we continue to push for that. So let me make it clear. I am the Senator who nominated Christine Arguello. I was working with the White House and the Clinton administration to get Mrs. Arguello nominated in the first place. As we have witnessed many times, the politics of August nominations are often nothing more than political gestures aimed at grabbing headlines but have no chance of completing the confirmation process simply because the nomination came too late in the process.

Again, I emphasize, I nominated Christine Arguello. This is the plain and simple truth and we need to recognize that.

Mr. Tymkovich is further recognized for his work by Joseph Quinn, Colorado Supreme Court Justice; Gregory Scott, Colorado Supreme Court Justice; Luis Rovira, Colorado Supreme Court Justice; the Colorado Department of Public Safety, Suzanne Mencer, and Nancy Lewis of the Colorado Organization of Victims' Assistance; Barbara O'Brien, President of the Colorado Children's Campaign; Rebecca Coppes Conway, a Colorado attorney. They have all listed their names as supporters.

You have already heard statements and letters from Governor Romer, the justices, and the newspapers. Here is what the rest of them had to say about Mr. Tymkovich. Suzanne Mencer and Nancy Lewis of the Colorado Department of Public Safety and the Colorado Organization for Victim's Assistance wrote a letter to Chairman Hatch, and I quote:

We have each known Mr. Tymkovich for a considerable period

of time and believe that his sensitivity to the rights of

crime victims, as well as his great legal skills, will serve

our citizenry well. As Solicitor General, Mr. Tymkovich was

instrumental in the creation of the first appellate victim

services unit within the office of the Attorney General. Mr.

Tymkovich's legal expertise was also significant in the

determination of the proper course of action for passage of

the Colorado Constitutional Victim Rights Amendment.

The letter went on to describe his superb legal skills and well- recognized victims expertise, and concluded:

His performance has shown not only an understanding of

legal issues surrounding crime victimization but also a very

great sensitivity to the attendant human cost.

I can go on and talk about the number of people who respect the expertise and the capabilities of Mr. Tymkovich, but the fact is that he has bipartisan support and the Senate should go ahead and confirm him without any further delay.

I ask unanimous consent that the time until 3:45 be equally divided in the usual form for the consideration of the pending nomination, and that at 3:45 today the Senate proceed to a vote on the confirmation of the nomination with no further intervening action or debate. I understand both leaders have agreed to this request.

I ask unanimous consent that the time be equally divided during the quorum call between advocates and opponents of the nomination.

I suggest the absence of a quorum.

How much time remains on both sides?

Mr. President, I reiterate what five former Colorado Supreme Court justices say about Mr. Tymkovich in their letter of recommendation to Chairman Orrin Hatch on the Judiciary Committee in the Senate. These are individuals who know Mr. Tymkovich. He practiced before them. He worked with them because he was solicitor general for the State of Colorado.

Based on our professional experiences, we are of the unanimous judgment that he is well qualified and most able to serve as an appellate judge of the United States court of appeals.

Mr. President, we need to recognize that this letter comes from former Colorado Supreme Court justices with varied political backgrounds. They all differ on professional experiences. They all had diverse legal careers. They had different racial, gender and ethnic backgrounds. But they came up with a unanimous opinion that Mr. Tymkovich should be confirmed by the entire Senate. That speaks loads. His peers, working with him on a daily basis, understand his capabilities.

Mr. President, we have heard both sides present arguments, discuss the nominee, as well as the mechanics of our constitutional judicial nomination process. Now it is time to finish the job and to move to an up or down vote on his nomination. I believe Mr. Tymkovich to be a very well-qualified attorney, an attorney who will maintain high principles and a strong dedication to the law. He has the overwhelming support of the Colorado legal community. His support comes from professionals and clients with varied political backgrounds and differing professional and real-life experiences. His support comes from people with diverse legal careers and job history, and different race, gender and ethnic backgrounds. He is unanimously supported by five former justices of the Colorado Supreme Court, including Jean Dubojsky, an attorney who served as opposing counsel to one of our Nation's most high profile constitutional cases.

Dubofsky and fellow justices consider Tymkovich to possess the necessary attributes of a Federal judge, and that Colorado and the Nation should no longer be subjected to undue delay on his nomination. I strongly urge my colleagues to support the nomination of Mr. Tim Tymkovich. His confirmation would fill a vacancy on the Tenth Circuit Court of Appeals that has sat vacant for 4 years.

In my opening statement, I concluded by stating that a necessary component of providing justice and protecting liberty and freedom is an efficient and properly equipped court. A court that has the personal and judicial resources that enable it to fulfill its constitutional obligations. Tim Tymkovich is highly qualified, and will serve the judiciary in the best tradition of our Nation's most respected courts.

Before I conclude, before we move to a final vote, I would like to leave you with a final thought, an important statement made by five justices of the Colorado Supreme Court.

``. . . [W]e speak as one voice, resolute in our belief that

the people are entitled to and that Mr. Tymkovich is most

deserving of consideration . . . Mr. Tymkovich's experience,

practice, public service, temperament and skills will serve

the people of the United States well.

Their unqualified support tells us a great deal about Tymkovich's credentials and his suitability to the Federal bench. This statement deserves our attention and our respect.

I urge my colleagues to support the nominee, and to vote for the confirmation of Tim Tymkovich to the Tenth Circuit of the United States Court of Appeals.

I suggest the absence of a quorum.

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

Mr. President, I ask unanimous consent that the time during the quorum call be divided equally between both sides.

Mr. President, I suggest the absence of a quorum.

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

Mr. President, I ask unanimous consent that the time during the quorum call be divided equally between both sides.

I suggest the absence of a quorum.

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

Mr. President, it is my understanding that we have less than a minute remaining.

Mr. President, I want to make a brief comment before we vote to remind the Members of the Senate that they have heard evidence today that indicates Tim Tymkovich is fairminded, he respects the rule of law, and he has exhibited intelligence and the proper temperament to serve on the Tenth Circuit Court of Appeals.

I ask that my colleagues join me in voting to confirm Tim Tymkovich as a Federal judge on the Tenth Circuit Court of Appeals. In my view, when confirmed, he will be not just a good judge, he will be a great judge.

I yield back the remainder of my time.

Mr. President, I ask for the yeas and nays.

Mr. President, I move to reconsider the vote.

Mr. President, I ask unanimous consent to allow my judicial nomination staffer, Cory Gardner, to be allowed to sit next to me on the floor along with a member of Senator Hatch's Judiciary staff, Ryan Higginboth.

Mr. President, I compliment the chairman of the Budget Committee. He put together a very responsible budget that includes a sizable tax cut--much more than the $350 billion that this amendment talks about. He eliminates the deficit within the 10-year period. It was a hard decision to make, but we need to cut taxes in order to stimulate the economy, if we really want to have the revenues as we move out in order to help pay for the war. We know that it is static scoring.

The President has come up with a plan that will truly stimulate the economy. I think the chairman of the Finance Committee has come up with an equally effective plan. We need to support the tax cut.

Mr. President, last night at 10:15 p.m. eastern standard time, President Bush announced to the Nation that the war to rid Iraq of weapons of mass destruction had begun. It was a solemn moment that reminded us that diplomacy was no longer an option.

I recall the President's comments that you cannot have peace when you have to deal with a leader who is not peaceful.

It also meant the men and women of our Armed Forces were now going to be committed to battle. The resolution before the Senate commands and supports the efforts and leadership of the President as Commander in Chief in the conflict against Iraq. The resolution recognizes the contribution of our defense forces and expresses support for the thousands of soldiers, sailors, airmen, marines, and coast guardsmen who have been mobilized, deployed, and are now fighting to defend the security of our Nation. I strongly support the resolution and believe it deserves the Senate's unanimous support.

Today our Nation demands much of our military. Our forces continue to fight in Afghanistan, assist forces in Yemen, Djibouti, and Georgia, and defend our homeland. Now they have taken on a new mission, the liberation of Iraq.

Despite many hardships, our military members have extended forward and embraced our country's call to arms. Over the last month, 5,000 soldiers from Fort Carson, CO, have been sent to confront Iraqi oppression and terrorism. The soldiers have embraced their duty and are now serving their country with pride and determination. We cannot forget the valuable contribution of reservists and National Guardsmen. Many of these service men and women have left their careers and their families to answer our Nation's call to arms. Over 3,000 Coloradans in the Reserves and National Guard have extended forward and they have responded with determination. They are committed to defending our Nation and deserve our support. We ought to recognize their employers who have recognized at the workplace that they are dedicated to protecting freedom in America and are making sacrifices while their workforce serves this country overseas.

We should not forget the families of our men and women in uniform. They have watched as their loved ones were sent overseas to defend our country. They made sacrifices and deserve our support as they fight and make sacrifices for freedom.

Today our men and women in uniform are in harm's way. They are fighting for the safety and security of all Americans. I believe it is imperative we express our support for their efforts. I ask for God's blessing for America.