Amendment Text: S.Amdt.3931 — 108th Congress (2003-2004)

Shown Here:
Amendment as Proposed (10/01/2004)

This Amendment appears on page S10253 in the following article from the Congressional Record.


[Pages S10252-S10254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       HONORING OUR ARMED FORCES


                  private-first class nicholaus zimmer

  Mr. DeWINE. Mr. President, I come to the Senate floor today to pay 
tribute to a young Ohioan who gave his life in the line of duty 
fighting for freedom. Today I stand here to remember a soldier of 
inspiring independence and determination, a young man whose life was 
cut far too short when the tank he was in was hit by a rocket-propelled 
grenade in Kufa, Iraq. He was 20 years old.
  Army PFC Nicholaus Zimmer was the only child of Lisa and Harold 
``Gino'' Zimmer of Powell, OH. The two were proud, yet of course, 
worried when their son decided to enlist in the Army at the age of 17. 
Despite their natural parental concerns, they knew he would go his own 
way and do things in his own way. Because, you see, Nicholaus Zimmer 
was special. He was voted most unique in the Westland High School class 
of 2002. He defied stereotypes. He was unconventional. He had an 
exceptional spirit. Nicholaus was lovingly described as a bookish, 
pink-haired, 1970s-clothes-wearing, skateboarding kid who loved to 
question authority. I should note, though, that the pink hair 
description was constantly changing, as Nicholaus altered his hair 
color to blue and even shaved it once into a Mohawk haircut. Though 
most would consider pink hair as strictly a defining characteristic, it 
was not so for Nicholaus. As with other aspects of his life, Nicholaus 
could not be easily pigeonholed--not really--especially as a punk rock 
youth. No, he loved to read Shakespeare and would quote it while 
talking to teachers. Nicholaus was considering becoming an English 
teacher. Well, that or maybe an Apache helicopter pilot. Nicholaus was 
ambitious and set his goals high. He enlisted in the Army so he could 
earn money to go to college and see the world. He was assigned to the 
2nd Battalion, 37th Armored Regiment, 1st Armored Division out of 
Friedberg, Germany. His job was driving M1A1 tanks--another irony in 
his life given the fact that Nicholaus didn't have a driver's license. 
Nevertheless, he drove that tank with great skill and expertise.
  At age 19, Nicholaus was sent to Iraq. Nicholaus would send his 
parents souvenirs from Iraq, including shrapnel and money with Saddam 
Hussein's face on it. They in turn would send him his favorite books 
and baby wipes to take the sand off of his body.
  Nicholaus was proud to serve. He was also anxious to come home, come 
home to show his parents the man he had become in the time that he was 
away.
  As his mom said;

       His year was up on Mother's Day. You could tell he was 
     ready to come home. But he had a job to do.

  Nicholaus was a good soldier. Here is how his company commander CPT 
John Moore described him:

       Nick was a superb soldier and had a priceless sense of 
     humor in a place where that came at a premium. He always had 
     a great way of identifying with other soldiers and making the 
     best of some pretty rough situations. As a soldier he was 
     decorated twice for bravery in battle, and he never forgot 
     his duty to his fellow troops. After our company lost our 
     first man, Sergeant Mike Mitchell, Nick was best able to 
     verbalize our sense of loss and what that grief meant to us, 
     despite his junior rank, experience and young age. I will 
     never forget his ability to joke and see the brighter side of 
     any situation and his ability to identify with everybody 
     regardless of rank. Nick's loss hit the 3rd Platoon and 
     all of Crusader Company very hard and resonates through my 
     company still.

  I would like to share with you now an e-mail message posted on a 
soldier memorial Web site following Nicholaus's death. It is from the 
sister of that same Sergeant Mitchell. The sister writes:

       To the family and friends of Nick--my name is Christine, 
     and I am the sister of Michael Mitchell, who served with 
     Nick. My brother was taken from us on April 4, 2004. My heart 
     goes out to you because we definitely can understand your 
     pain. . . . I want to thank you all since I will not be able 
     to tell Nick myself. I guess Nick was helping the soldiers 
     with the death of my brother. I read a letter that Captain 
     Moore wrote where he said, ``Nobody will ever forget that 
     Nick Zimmer was probably one of the most verbally expressive 
     soldiers in this command and that he more than anyone else in 
     the company helped us to identify the effects of Mike 
     Mitchell's death so we could soldier through it and 
     understand it.'' So Nick, thank you. You and my brother are 
     together now. Please take care of each other.

  I have no doubt that they are taking care of each other. Soldiers 
take care of each other in life and in death. When Nicholaus passed 
away, family, friends, and members of the Powell community came out to 
show their support for the Zimmer family. American flags lined the 
yards down the street, and neighbors stood along the road to pay their 
respects as the funeral procession passed, a procession that included 
Nicholaus's father and dozens of motorcycles adorned with flags.
  Though it is never easy to say goodbye, the funeral of Nicholaus 
Zimmer was what he would have wanted. A two-star general sat next to a 
skateboarder with multiple piercings. Looking through the crowd, one 
could see tattooed bikers, men in business suits, and teenagers with a 
variety of unconventional hair colors. Yes, I think he would have liked 
it.
  Indeed, Nicholaus Zimmer was a unique young man, a unique young man 
with the ability to bring people together of all walks of life. This 
was apparent at the funeral. It was apparent to anyone who knew him.
  As his father said:

       Look at Nicholaus as an example . . . He always lived the 
     way he wanted to--and he died that way, too.

  Mr. President, I never had the chance to meet Nicholaus Zimmer, but I 
wish I could have. I did have the privilege of

[[Page S10253]]

meeting Nicholaus's family during the calling hours for their son. I 
thank them for sharing their memories with me. They told me that 
Nicholaus was not the only member of their family to serve overseas. 
Nicholaus had an uncle who served in Vietnam and a grandfather who saw 
action in Korea. The Zimmer family is proud of their son's service. Our 
Nation, too, is proud of his service.
  Mr. President, I will conclude with a message from the extended 
family of Army Specialist A.J. Vandayburg, an Ohio soldier from 
Mansfied, who was also killed in Iraq in April. They wrote the 
following to the Zimmer family:

       Thank you, Nicholaus, for protecting us all. Sometimes we 
     forget what our Armed Forces are doing for us. Freedom, 
     unfortunately, comes with that unforgivable, unfathomable 
     price. You will not be forgotten for your sacrifice. To your 
     family, we say thank you, too, for your sacrifice. There are 
     no words to replace a child, a brother, an uncle--a loved 
     one. When you are able, seek out those who have given their 
     all. We know from experience the price you have paid, and we 
     mourn with you. God bless you all.

  Mr. President, I think that letter expresses our sentiments, as well, 
to the family.


                   marine lance corporal will stevens

  Mr. BUNNING. Mr. President, I today honor LCpl Will Stevens of 
Russell, KY, for his service to his country in the United States Marine 
Corps. While LCpl Stevens is recovering from a combat injury to his 
foot in a hospital bed in San Diego, I point out the importance of his 
service to our country.
  Will's service to his country in Iraq ensures a safer future for 
America and a more stable world in general. Will's family, his loved 
ones and his countrymen are the people who benefit from the work he did 
in Iraq. We are all indebted to him for our way of life, our freedoms 
and for an example of what it means to be a good American.
  In the words of Will's grandfather, ``He is my hero . . . I am really 
proud of him and am relieved he is going to be alright.'' And so am I. 
I thank Will and all his fellow service members for their work. May God 
bless them.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 Amendments Nos. 3930 And 3931, En Bloc

  Mr. FRIST. Mr. President, on behalf of Senator McConnell I now ask 
unanimous consent that the pending amendments be set aside, and I call 
up amendments Nos. 3930 and No. 3931, en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Tennessee [Mr. Frist], for Mr. McConnell, 
     for himself, and Mr. Cornyn, proposes an amendment numbered 
     3930.
       The Senator from Tennessee [Mr. Frist], for Mr. McConnell, 
     for himself, Mr. Santorum, and Mr. Cornyn, proposes an 
     amendment numbered 3931.

  Mr. FRIST. Mr. President, I ask unanimous consent that the reading of 
the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:


                           amendment no. 3930

 (Purpose: To clarify that a volunteer for a federally-created citizen 
 volunteer program and for the program's State and local affiliates is 
               protected by the Volunteer Protection Act)

       At the appropriate place, insert the following:

     SEC. __. FIRST RESPONDER CITIZEN VOLUNTEER PROTECTION ACT.

       (a) Short Title.--This section may be cited as the ``First 
     Responder Citizen Volunteer Protection Act''.
       (b) Importance of Volunteers.--Section 2(a) of the 
     Volunteer Protection Act of 1997 (42 U.S.C. 14501(a)) is 
     amended--
       (1) in paragraph (6), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (7) as paragraph (8); and
       (3) by inserting after paragraph (6) the following:
       ``(7) since the attacks of September 11, 2001, the Federal 
     Government has encouraged Americans to serve their country as 
     citizen volunteers for programs such as the Volunteers in 
     Police Service (VIPS), Medical Reserve Corps (MRC), Community 
     Emergency Response Team (CERT), Neighborhood Watch, and Fire 
     Corps, which help increase our homeland security preparedness 
     and response, and which provide assistance to our fire, 
     police, health, and medical personnel, and fellow citizens in 
     the event of a natural or manmade disaster, terrorist attack, 
     or act of war; and''.
       (c) Citizen Volunteer Program.--Section 6 of the Volunteer 
     Protection Act of 1997 (42 U.S.C. 14505) is amended by adding 
     at the end the following:
       ``(7) Governmental entity.--The term `government entity' 
     means for purposes of this Act--
       ``(A) Federal or State Government, including any political 
     subdivision or agency thereof; and
       ``(B) a federally-established or funded citizen volunteer 
     program, including those coordinated by the USA Freedom Corps 
     established by Executive order 13254 (February 1, 2002), and 
     the program's components and State and local affiliates.


                           amendment no. 3931

   (Purpose: To remove civil liability barriers that discourage the 
           donation of equipment to volunteer fire companies)

       At the appropriate place, insert the following:

               TITLE __. VOLUNTEER FIREFIGHTER ASSISTANCE

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Good Samaritan Volunteer 
     Firefighter Assistance Act of 2004''.

     SEC. __02. REMOVAL OF CIVIL LIABILITY BARRIERS THAT 
                   DISCOURAGE THE DONATION OF FIRE EQUIPMENT TO 
                   VOLUNTEER FIRE COMPANIES.

       (a) Liability Protection.--A person who donates fire 
     control or fire rescue equipment to a volunteer fire company 
     shall not be liable for civil damages under any State or 
     Federal law for personal injuries, property damage or loss, 
     or death proximately caused by the equipment after the 
     donation.
       (b) Exceptions.--Subsection (a) shall not apply to a person 
     if--
       (1) the person's act or omission proximately causing the 
     injury, damage, loss, or death constitutes gross negligence 
     or intentional misconduct; or
       (2) the person is the manufacturer of the fire control or 
     fire rescue equipment.
       (c) Preemption.--This title preempts the laws of any State 
     to the extent that such laws are inconsistent with this Act, 
     except that this title shall not preempt any State law that 
     provides additional protection from liability for a person 
     who donates fire control or fire rescue equipment to a 
     volunteer fire company.
       (d) Definitions.--In this section:
       (1) Person.--The term ``person'' includes any governmental 
     or other entity.
       (2) Fire control or rescue equipment.--The term ``fire 
     control or fire rescue equipment'' includes any fire vehicle, 
     fire fighting tool, communications equipment, protective 
     gear, fire hose, or breathing apparatus.
       (3) State.--The term ``State'' includes the several States 
     of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, American Samoa, Guam, the Virgin Islands, 
     any other territory or possession of the United States, and 
     any political subdivision of any such State, territory, or 
     possession.
       (4) Volunteer fire company.--The term ``volunteer fire 
     company'' means an association of individuals who provide 
     fire protection and other emergency services, where at least 
     30 percent of the individuals receive little or no 
     compensation compared with an entry level full-time paid 
     individual in that association or in the nearest such 
     association with an entry level full-time paid individual.
       (e) Effective Date.--This title applies only to liability 
     for injury, damage, loss, or death caused by equipment that, 
     for purposes of subsection (a), is donated on or after the 
     date that is 30 days after the date of enactment of this Act.

     SEC. 3. STATE-BY-STATE REVIEW OF DONATION OF FIREFIGHTER 
                   EQUIPMENT.

       (a) Review.--The Attorney General of the United States 
     shall conduct a State-by-State review of the donation of 
     firefighter equipment to volunteer firefighter companies 
     during the 5-year period ending on the date of enactment of 
     this Act.
       (b) Report.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General of the United 
     States shall publish and submit to Congress a report on the 
     results of the review conducted under subsection (a).
       (2) Contents.--The report published and submitted under 
     paragraph (1) shall include, for each State--
       (A) the most effective way to fund firefighter companies;
       (B) whether first responder funding is sufficient to 
     respond to the Nation's needs; and
       (C) the best method to ensure that the equipment donated to 
     volunteer firefighter companies is in usable condition.

  Mr. FRIST. I ask unanimous consent that the amendments be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. I ask unanimous consent that notwithstanding the filing 
requirement, it be in order for the managers to propose cleared 
amendments prior to the cloture vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. I ask unanimous consent that at 4:15 on Monday, October 4, 
the Senate proceed to votes in relation to

[[Page S10254]]

the following amendments; provided further that no second degrees be in 
order to the mentioned amendments prior to the votes; further, that 
there be 2 minutes equally divided for debate prior to each of the 
votes. The amendments are: Byrd No. 3845; Warner No. 3877, as modified; 
Stevens No. 3829; Stevens No. 3903; Stevens No. 3826; Stevens No. 3827.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           amendment no. 3705

  Mr. FRIST. I now ask for the regular order with respect to Collins-
Lieberman amendment No. 3705.
  The PRESIDING OFFICER. That amendment is now pending.
  Mr. FRIST. Mr. President, I thank the chairman and ranking member for 
their tremendous work today, really over the course of the last week, 
especially on the amendments that we have addressed over the course of 
the whole week. They have worked diligently. It has been a productive 
week. It has been a long week, but we have had good debate on an issue 
that is complex, an issue that we have all studied for a long period of 
time but an issue on which I believe debate and the amendment process 
contributes even greater to our understanding.
  It has been very important for Members to come to the floor and 
debate their different views and their thoughts with respect to our 
intelligence agencies, their relationships one to another.
  We have a number of amendments now pending. As the preview order 
provides, we will begin voting on some of those amendments at 4:15 on 
Monday.
  I come to the floor at this time with the concern that the clock is 
still ticking and is working against us on the bill, in part because of 
the large number of potential amendments. People have submitted 
amendments and put them in language and begun talking about them, but 
we clearly need to pick up the pace in order to finish the bill early 
next week.
  Following the completion of this bill, the Senate still must address 
the internal reform, the internal intelligence oversight reform that 
goes on in this body. We will begin that on the Senate floor after we 
complete the Collins-Lieberman bill.
  Having said that, I will file a cloture motion in a moment. I do this 
to ensure that we will being the Collins-Lieberman bill to conclusion 
at a reasonable time next week, still giving us time to address the 
other aspect of reform, and that is the internal oversight reform in 
the Senate.
  This is done in consultation with the managers and with the 
Democratic leadership. The purpose is not in any way to cut off 
Senators' rights, but I do remind my colleagues that when colture is 
invoked there is still an additional 30 hours of consideration if we 
need that.
  I hope all of that time will be considered but not be necessarily 
used. Rule XXII provides for that postcloture time.


                             cloture motion

  Mr. FRIST. Mr. President, on behalf of Senator Daschle and myself, I 
send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on S. 2845, 
     Calendar No. 716, a bill to reform the intelligence community 
     and the intelligence and intelligence-related activities of 
     the United States Government, and for other purposes.
         Bill Frist, Tom Daschle, Susan Collins, Lamar Alexander, 
           Orrin Hatch, Lindsey Graham, John Warner, Judd Gregg, 
           Saxby Chambliss, John Cornyn, Kay Bailey Hutchison, 
           George Allen, Gordon Smith, Jim Talent, Norm Coleman, 
           Ben Nighthorse Campbell, Mitch McConnell, Joseph 
           Lieberman.

  Mr. FRIST. I now ask consent that the live quorum under rule XXII be 
waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. This vote will occur Tuesday morning. I will announce on 
Monday the precise timing of the vote on Tuesday, but I will anticipate 
an early vote on that morning.

                          ____________________