John Warner

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that we retrieve 4 minutes of the time.

Mr. WARNER. I wish to address the very harsh criticism of my distinguished friend and leader.

Mr. WARNER. I say to my friend, I have worked on this amendment. I spent a good deal of time in the office of colleagues on the other side of the aisle yesterday, incorporated several provisions in this amendment at their request. I say it was a good-faith effort to do my very best to point out the need for this Senate and the Congress as a whole to get the most timely flow of information available to us, both from the President and from two independent groups. I say when you get a man of the stature of General Jones, who is willing to go out and work with private sector organizations to make a professional assessment of the military of Iraq, that, I say to my friend, the distinguished leader of the Democratic side, is not weak tea. That is a commitment by a very brave, credible American to try to help this institution, the Congress, have a better understanding about the viability and the professional capabilities of the Iraqi armed forces. I yield the floor.

Mr. WARNER. Mr. President, we feel the matters directed in the Feingold amendment have been addressed repeatedly by the Senate, and the Senate has spoken its will and rejected those concepts. I yield the floor and urge my colleagues to vote against the Feingold amendment. Cloture Motion

Mr. WARNER. Mr. President, I yield such time as the distinguished Republican leader requires.

Mr. WARNER. Mr. President, the amendment embraces provisions which provide the ability for the Senate--indeed, the Congress as a whole--to become better advised with regard to the President's position on the compliance or noncompliance with the benchmarks, as well as an independent group headed by the former commandant of the Marine Corps, General Jones, as to the proficiency and the professional ability of the Iraqi security forces. Secondly, another provision allows the GAO to give an independent analysis to the Congress on the Iraqi Government's achievement or nonachievement of the benchmarks. This is an amendment to help keep us informed. So when we proceed----

Mr. WARNER. To go on the August recess, we will be better equipped to deal with this question on the public's behalf and to tell our constituents our own individual feelings about this controversial issue.

Mr. WARNER. I move to reconsider the vote.

Mr. WARNER

Mr. WARNER. Mr. President, I rise to say a few brief words about the Reverend Jerry Falwell, who passed away earlier today at the age of 73. I have personally known Reverend Falwell since I first ran for election to the U.S. Senate in 1978. And, since that time, I have come to befriend a man who in many ways became a pillar of strength and inspiration not only to his community of Lynchburg, VA, where he was born but indeed to people around the world. Throughout the 28-plus years that I have had the good fortune of representing the citizens of the Commonwealth of Virginia in the U.S. Senate, Reverend Falwell was always a constituent of mine, and he would often offer his counsel to me about pressing matters of the day. He would always do so in a polite, yet firm manner. While I might not have always agreed with him, I have always admired Reverend Falwell, particularly for his unwavering commitment to what he thought was right. Jerry Falwell never ran from controversy, and he always stuck to his beliefs. Indeed, I believe it was the firmness of his convictions that, in part, allowed Jerry Falwell to achieve so much success in whatever he undertook in life. He was an intensely driven man. At the age of 22 he started a Baptist church in Lynchburg, VA, with 35 members. Reportedly, on the first Sunday his congregation met in 1956, the first offering totaled $135. Today, that same church has upwards of 24,000 members and annual revenues of all of his ministries total over $200 million. In 1971, Jerry Falwell founded Liberty University--a liberal arts, Christian institution of higher education. Today, Liberty University employs more than 1,000 Virginians and educates more than 20,000 students a year either on its campus or through distance learning programs. In my view, the thousands and thousands of students who Liberty has educated these many years will undoubtedly be one part of Reverend Falwell's strong legacy that will last for generations. My thoughts and prayers today go out to the Falwell family, including his beloved wife of nearly 50 years, and his three children. While I am up, I wonder if I could indicate to the managers that I intend to file an amendment tonight along the lines established by the distinguished majority leader regarding amendments to be considered on this bill which relate to the appropriations bill now being formulated to provide for the funds for the troops. I think it is the wisdom of the two leaders jointly that on this bill those Senators who wish to have language attached to any appropriations bill would make known their desires through adding an amendment on this bill. Cloture will be filed on such amendments for tomorrow. If my amendment is selected by the Republican leader, then I understand it would be subject to a cloture vote tomorrow. But it would at least give me and my principal cosponsor, Senator Collins, the opportunity to express our two views and others who have been associated with us to likewise join in expressing their views. I will do that following the vote tonight. I yield the floor and thank the managers.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the Senate return to consideration of H.R. 1495.

Mr. WARNER. Mr. President, I think we have just seen an extraordinary chapter of how two leaders can come together and structure a procedure by which this Senate can go forward and achieve its objectives. I am totally supportive of the procedure enunciated by our two distinguished leaders because I strongly support the need for getting this appropriations legislation through and on to the President's desk so that we can fund adequately our Armed Forces, particularly those engaged in Iraq and Afghanistan. The leadership further decided that those Senators who wish to address the conferees could do so by adding amendments to this bill. My understanding is that there are two amendments that have been filed on the other side of the aisle: one by Mr. Feingold and another by Mr. Levin. And in consultation with the distinguished Republican leader, I now file an amendment on this side of the aisle, although I am hopeful my amendment would not be viewed purely as a Republican amendment but that it could be a vehicle by which we can reach some level, hopefully a significant level, of bipartisan consensus on the several principles I have enunciated in this amendment. Throughout the course of this debate on Iraq, since the President's announcement of a new strategy on January 10 of this year, there have been groups of Republicans and Democrats that have voiced our concerns about the strategies being employed in Iraq, and we continue to do so by virtue of this process now decided upon by the leadership whereby amendments to this bill can be brought up, which amendments reflect the sentiments of those who are sponsoring them. At the present time, my amendment is sponsored by my principal cosponsor, the Senator from Maine, Ms. Collins, although I have been in consultation with a number of other Senators on this side of the aisle, as well as Senators on the other side of the aisle. Given the brevity of the time today, since Senators have returned from their constituencies largely this morning, and the fact that we have been trying to work out the procedure just adopted by the Senate by the two leaders, it has not been possible for me to isolate a fixed set of cosponsors. Nevertheless, I do know of a number, certainly on this side, and I am hopeful on the other side, and now that this amendment is filed tonight, it is my expectation and hope that Senators will be adding their names as cosponsors. I urge that be done at the earliest opportunity because, as I understand it, and the leadership will subsequently address, I think, the Senate tonight respecting the legislative program tomorrow as to when my amendment, with such cosponsors that are able to add their names, and the two amendments pending from the other side--and I believe a fourth that is to be brought up by our distinguished Republican leader sometime this evening--will be debated, voted upon, and subject to a cloture motion. Let me now turn to addressing the specifics of this amendment at this time. This amendment, in its preamble, has the following: We entitle it the ``President's Strategy In Iraq.'' Section 1. Findings regarding progress in Iraq, the establishment of benchmarks to measure that progress, and reports to the Congress. The recitation in the first section of this amendment is a series of statements factually describing the situation as we, the sponsors of this amendment, feel have taken place, largely since January 10 of this year. Foremost among those obligations is, of course, our recognition of the enormity of the sacrifice of the men and women of the Armed Forces and their families and others who have taken an active role in carrying out our strategies in Iraq, not just since January 10 of this year but prior thereto, in the regrettably long period of time that this conflict in Iraq has persisted. Following those statements, we then go to section 2, which is entitled, ``Conditioning of Future United States Strategy in Iraq on the Iraqi Government's Record of Performance on its Benchmarks.'' In General. The United States strategy in Iraq, hereafter, shall be conditioned on the Iraqi government meeting benchmarks as told to Members of Congress by the President, the Secretary of State, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, and reflected in the Iraqi Government's commitments to the United States, and to the international community, including . . . For example, benchmarks--and I shall read but several. First and foremost: Forming a Constitutional Review Committee and then completing the Constitutional review; Enacting and implementing legislation on de-baathification; Enacting and implementing legislation to ensure the equitable distribution of hydrocarbon resources of the people of Iraq without regard to the sect or ethnicity of recipients, and enacting and implementing legislation to ensure that the energy resources of Iraq benefit Sunni Arabs, Shia Arabs, Kurds, and other Iraqi citizens in an equitable manner. Enacting and implementing legislation on procedures to form semi-autonomous regions; Enacting and implementing legislation establishing an Independent High Electoral Commission; provincial elections law; provincial council authorities; and a date for provincial elections. I shall not read further from this document. It will be a matter of record. But these benchmarks were ones put forth by the Iraqi Government, in large measure. What we are doing now is requiring the following: The President shall submit reports to the Congress on how the sovereign government of Iraq is, or is not, achieving progress towards accomplishing the aforementioned benchmarks, and shall advise the Congress on how that assessment requires, or does not require, changes to the strategy announced on January 10, 2007. Reports Required. (1) The President shall submit an initial report, in classified and unclassified format, to the Congress, not later than July 15, 2007, assessing the status of each of the specific benchmarks established above, and declaring, in his judgment, whether satisfactory progress towards meeting these benchmarks is, or is not, being achieved. (2) The President, having consulted with the Secretary of State, the Secretary of Defense, the Commander, Multi- National Forces-Iraq, the United States Ambassador to Iraq, and the Commander of U.S. Central Command, will prepare the report and submit the report to Congress. (3) If the President's assessment of any of the specific benchmarks established above is unsatisfactory, the President shall include in that report a description of such revisions to the political, economic, regional, and military components of the strategy, as announced by the President on January 10, 2007. In addition, the President shall include in the report, the advisability of implementing such aspects of the bipartisan Iraq Study Group, as he deems appropriate. And, as is well documented in the Senate, and well-respected, if I may say, by the Senate--the work of the Iraq Study Group. (4) The President shall submit a second report to the Congress, not later than September 15, 2007, following the same procedures and criteria outlined above. (5) The reporting requirement detailed in section 1227 of the National Defense Authorization Act for Fiscal Year 2006 is hereby waived from the date of the enactment of this Act through the period ending September 15, 2007. That is put in there for the reason that we believe these reports by the President will supplant whatever reports had been required by that act. The force and effect of the requirement for those reports will pick up and continue after September of this year. (c) Testimony before Congress. (1) Prior to the submission of the President's second report on September 15, 2007, and at a time to be agreed upon by the leadership of the Congress and the Administration, the United States Ambassador to Iraq and the Commander, Multi- National Forces Iraq-- That is General Petraeus-- will be made available to testify in open and closed sessions before the relevant committees of the Congress. I will now refer to the section titled ``Limitations on Availability of Funds'' in this appropriations bill. Limitation. No funds appropriated or otherwise made available for the ``Economic Support Fund'' and available for Iraq may be obligated or expended unless and until the President of the United States certifies in the report outlined in subsection (2)(b)(1) above and makes a further certification in the report outlined in subsection (2)(b)(4) above that Iraq is making progress in each of the benchmarks set forth in section 2 above. To give the President a certain amount of flexibility--and this is the provision I am particularly indebted to our distinguished colleague, Ms. Collins of Maine, who has worked with me on it, as well as Senator Coleman and others who have been working with me--we provide the following: The President may waive the requirements of this section if he submits to Congress a written certification setting forth the detailed justification for the waiver, which shall include a detailed report describing the actions being taken by the United States to bring the Iraqi government into compliance with the benchmarks set forth in section 2 above. The certification shall be submitted in unclassified form, but may include a classified annex. We proceed to a section entitled ``Redeployment of U.S. Forces from Iraq.'' There has been considerable publicity attached to certain actions having been taken by the Council of Representatives in Iraq-- that is their basic name for their parliament--and to clarify that we have put in the following requirement: The President of the United States, in respecting the sovereign rights of the nation of Iraq, shall direct the orderly redeployment of elements of U.S. forces from Iraq, if the components of the Iraqi government, acting in strict accordance with their respective powers given by the Iraqi Constitution, reach a consensus as recited in a resolution, directing a redeployment of U.S. forces. Now, proceeding to another section, ``Independent Assessments.'' Assessment by the Comptroller General. Not later than September 1, 2007, the Comptroller general of the United States shall submit to Congress an independent report setting forth-- (A) the status of the achievement of the benchmarks specified in section 2 above; and (B) the Comptroller General's assessment whether or not each such benchmark has [or has not] been met. (b) Assessment of the capabilities of Iraq Security forces. This is a section which I worked on, now, for over 2 months, laying a foundation, with consultations with the White House senior staff, the Secretary of Defense, and indeed a private organization here, a well- respected organization, independent of any affiliation with the Government, to participate in performing this report, as well as a very senior and highly respected retired military officer who, hopefully, will be designated to head up this report. I believed it was imperative that the Congress needed to have an independent report, and by ``independent,'' I mean a report performed by a private sector entity with the advice and participation of at least one senior retired military officer, and maybe others, so that we can have a report to put side by side with the periodic evaluations of the Department of Defense as to the military--professional ability, capability, training, and equipment of the Iraqi security forces. That is essential. So that is the essence of this provision which I now read. (1) In General.--There is hereby authorized to be appropriated for the Department of Defense, $750,000, that the Department, in turn, will commission an independent private sector entity which operates as a 501(c)(3) with recognized credentials and expertise in militarily affairs, to prepare an independent report assessing the following: (A) The readiness of the Iraqi security forces--ISF [referred to] to assume responsibility for maintaining the territorial integrity of Iraq, denying international terrorists a safe haven, and bringing greater security to Iraq's 18 provinces in the next 12-18 months, and bringing an end to sectarian violence to achieve national reconciliation. (B) The training, equipping, command, control and intelligence capabilities and logistics capacity of the ISF [Iraqi Security Forces]. (C) The likelihood that given the ISF's record of preparedness to date, following years of training and equipping by U.S. forces, the continued supports of U.S. troops will contribute to the readiness of the ISF to fulfill the missions outlined in subparagraph (A). (2) Report.--Not later than 120 days after the enactment of this Act, the designated private sector entity shall provide an unclassified report, with a classified annex, containing its findings, to the House and Senate Committees on Armed Services, Appropriations, Foreign Relations/International Relations, and Intelligence. Having worked on this report some 2 months now, I submitted it to colleagues in the House of Representatives. I am pleased to say that those colleagues saw fit to include that basic language on reporting and establishing this independent entity and individuals to study the Iraqi security forces. This provision which I have just read was contained in the House appropriations bill. It is my hope and expectation that it will be included by this Senate, the appropriators, in their bill such that it will emerge as part of the final conference report of the House and the Senate. I once again thank many individuals who have worked with me and their respective staffs, who worked beginning last week on the final draft. They worked over the weekend, worked on Monday, worked today to create this document. I am hopeful a good number of our colleagues will see fit to cosponsor this document, which document and amendment will be discussed tomorrow in such brief period as outlined by the leadership. They will define it tonight, and then it will be voted upon. I send the amendment to the desk.

Mr. WARNER. Mr. President, I yield the floor. I suggest the absence of a quorum.

Mr. WARNER

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

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

Mr. WARNER

Mr. WARNER. Mr. President, if I may engage our respected leaders in a colloquy regarding the passage last night of the House supplemental. I am speaking for, I think, a number of Senators on both sides of the aisle, who have some thoughts with regard to how we proceed on the funding issue. I personally--speaking for myself--believe we should have no bifurcation of the funding and that it should all be acted upon at one time. I am very anxious that the tentative schedule of the leadership is before Memorial Day. That is most important. I hope some of us could address the Senate and the leadership regarding the subject of benchmarks. I read with great interest that the President is openminded on the question of benchmarks. I believe it is important that, in September, General Petraeus is going to give us a report, together with the U.S. Ambassador, and presumably the Secretaries of State and Defense will join in that very important report to the Congress--indeed, to the whole country--with regard to the status of things in Iraq in September. I do believe there is such a rapidly unfolding situation over there--we don't know from day to day how to anticipate certain things. Earlier this morning, General Mixon reported that he didn't have sufficient forces, U.S. forces and presumably Iraqi forces, to perform his mission in Diyala Province. I am hopeful, speaking for myself, that we can put in some language tied to benchmarks by which the President, before we go out on the August recess, would report to the Nation and to the Congress on his judgment as to whether there is progress on the benchmarks and whether he feels that in the July timeframe some change in strategy must be brought about in order to achieve the goals of the original strategy laid down on January 10 of this year. My language would not have any obstruction to the flow of funds, but it would simply keep the Nation and the Congress fully informed of his judgment, together with his senior advisers, at that critical time before we go out on the August recess. I believe we have a responsibility, first and foremost, to the men and women in the Armed Forces, their families, and to the country for the Congress to watch this situation very closely and not defer until the September timeframe the concentrated judgment that would be brought to bear on the receiving of the report in September. To what extent can you advise us as to the process that might be followed in order to expeditiously get to the conference but at the same time either the conferees be informed of the views of others or we have some mechanism by which to address the issue?

Mr. WARNER. I thank the majority leader.

Mr. WARNER

Mr. WARNER. Mr. President, I rise to express my strong opposition to this measure before the Senate, and I will cast my vote against it. This measure places undue constraints on the utilization of our brave military, together with our allies working with us and, indeed, constraints on the utilization of the Iraqi military, which likewise has followed through with a brave performance with our forces. This is a very complex situation on the battlefield, and in the government, with respect to Iraq. Last fall, with other Senators, I returned from my eighth visit to Iraq and I said the complexity of the battlefield has forced the sovereign nation of Iraq to ``drift sideways.'' Regrettably, it continues, in my judgment, to drift. Our forces, and indeed our allies in that country, have fought bravely and are following through on their mission to try and bring about a greater degree of security in Baghdad. While I expressed some concerns about the ``surge'' operation when it was announced on January 10, it is an ongoing operation now. We are losing life and limb daily, and we must allow our troops to be properly funded to carry out their missions. Now, we heard yesterday from General Petraeus, and in my judgment, he gave a very factual, pragmatic, professional military opinion, showing objectivity. He is to be commended and our forces bravely fighting under his command should likewise be commended as well. I want to bring to the attention of my colleagues a comment made by our distinguished Secretary of Defense, Secretary Gates, during his trip. He said, ``our commitment to Iraq is long-term, but it is not a commitment to have our young men and women patrolling Iraqi streets open-endedly.'' In no way does he question the long-term need for our Nation to show its resolve and commitment to give security to this region of the world. But he clearly says it is not open-ended. We cannot ask our forces, nor the Iraqi forces, to risk life and limb during their missions, unless the Iraqi legislature and the government of Iraq begins to give an equal or greater measure of commitment to perform their responsibility to achieve political solutions. A military solution, we all acknowledge, will not alone achieve a strong, survivable, sovereign Iraq. A political solution and a framework of legal reconciliation is essential. And we must, at this point in time, bring to light a serious potential problem, which I have been told, that the Iraqi legislature might possibly take a 2-month recess during July and August. That is not acceptable. An action of that consequence would severely hinder those of us, myself and others, who are looking at the greater issue beyond Iraq as to the impact on this region if the combined efforts of our country and other nations fail. We are seeing some progress as it relates to the international group of nations coming together, the border nations are scheduled to meet a second time. It is through only political reconciliation measures and bold leadership by the Prime Minister and each and every Member of the Iraqi Legislature, that this conflict can bring forth a stable, sovereign government, that is fully functioning, and is capable of providing for its own security. In so doing, Iraq will then be able to play an integral role in the security of this region. Further, we must again, and again, signal to Prime Minister Maliki and to each of the Members of the Iraqi Legislature that they must do their job in a timely manner because every day Iraqi and American lives are being lost in their heroic effort to provide the security for the Iraqi government to function. Finally, while I will vote against this report, I pledge to work with other Senators on how to rewrite the next bill, following the veto process, for these funds are essential for our troops and as we draft the next bill, we must we must assure the world of our resolve and commitment to the region. I yield the floor so that others may speak.

Mr. WARNER

Mr. WARNER. Mr. President, in a few short weeks, America will commemorate the 400th anniversary of the founding of Jamestown, the first permanent English settlement in the New World. It is an event that I, along with many of my fellow Virginians and Americans, have looked upon with great anticipation. Jamestown's anniversaries have always been major national patriotic events, and this year will be no different. Visitors and dignitaries from all over the world will converge on the site, where, in 1607, CAP John Smith and his motley crew of Englishmen first stepped ashore to begin life in the New World. Commemorating the Jamestown anniversary allows Americans to not only remember the bravery of Captain Smith's crew and the founding of America but also to celebrate the democratic ideals and institutions that trace their roots to that remarkable beginning. The rule of law, the entrepreneurial spirit, representative government, and cultural diversity all originated at Jamestown and all continue to have profound effects on America today. To recognize the impact of Jamestown and to signal Congress's support for the 400th anniversary of its founding, I introduce today this resolution. It marks the importance of Jamestown to our Nation's history and recognizes its 400th anniversary as a seminal event for the American people. Furthermore, the resolution recognizes the critical role Native Americans played in the colony's survival, notes the democratic ideals first instilled at Jamestown, and reflects on the unique confluence of cultures that made Jamestown strong and successful. With this resolution, Congress has a chance to officially record for history its support for the commemoration of the 400th anniversary of the founding of Jamestown. Mr. President, I urge my colleagues to join me in support of this resolution.

Mr. WARNER

Mr. WARNER. Mr. President, I rise tonight to respond to those who have questioned the legislative history and intent of section 1076 of the fiscal year 2007 Defense Authorization Act, a provision dealing with the use of the Armed Forces and National Guard in major public emergencies. This provision was the subject of a hearing today before the Senate Judiciary Committee. I would like to outline that this provision was drafted jointly by the Senate Armed Services Committee in a bipartisan and transparent fashion, was approved unaninmously by the committee, and was printed on May 9, 2006 as part of the Senate report on this bill. The provision was fully available in the public domain for review and debate for over 5 months prior to its final passage in the House and Senate, and approval by the President. During the brief period today that I have had the opportunity to again review this legislation, I did not uncover any material that suggests there were any serious misgivings regarding this provision by Federal, State, or local officials. I believe the committee's record speaks for itself. Attached below is an excerpt as put forth in the final conference report: Report 109-702--Conference Report to Accompany H.R. 5122 National Defense Authorization Act for Fiscal Year 2007 (Excerpt) use of the armed forces in major public emergencies (sec. 1076) The Senate amendment contained a provision (sec. 1042) that would amend chapter 15 of title 10, United States Code, the so-called `Insurrection Act,' to clarify and update the statute, and to make corresponding changes toother provisions of law. Chapter 15 contains a collection of statutes dating to the 18th and 19th centuries that authorizes the use of the armed forces to put down insurrections, enforce Federal authority, and suppress conspiracies that interfere with the enforcement of Federal or State law. The provision would amend section 333 of title 10, United States Code, to authorize the President, in any situation in which he determined that, as a result of a natural disaster, terrorist attack or incident, epidemic or other serious public health emergency, or other condition, domestic violence occurred to such an extent that the constituted authorities of the State are incapable of maintaining public order, and the violence obstructed the execution of the laws of the United States of impeded the course of justice thereunder, to use the armed forces, including the National Guard in Federal service, to restore public order and enforce the laws of the United States until the State authorities are again capable of maintaining order. The President is to notify Congress of his determination to exercise this authority as soon as possible and every 15 days thereafter as long as the authority is exercised. The provision would also amend chapter 152 of title 10, United States Code, to authorize the President, in any situation in which he determines to exercise the authority set out above, to direct the Secretary of Defense to provide supplies, services, and equipment necessary for the immediate preservation of life and property. Such supplies, services, and equipment may be provided: (1) only to the extent that the constituted authorities of the State are unable to provide them; (2) only until other departments and agencies of the United States charged with such responsibilities are able to provide them; and (3) only to the extent that their provision will not interfere with preparedness or ongoing operations. This authority is not subject to the provisions of section 403  of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b ). The provision would further include a conforming amendment to section 12304  of title 10, United Stated Code, to remove a restriction on the use of the Presidential Selected Reserve call up authority in chapter 15 or natural disaster situations. The House bill contained no similar provision. The House recedes with an amendment that would modify the conforming amendment to section 12304 ) to provide that the Presidential Selected Reserve call up authority could be used in situations arising under chapter 15 and section 12406 of title 10, United States Code, as well as in situations set out in subsection (b) of section 12304.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to introduce the Federal Employee Combat Zone Tax Parity Act, which would provide parity to civilian Federal employees by extending the tax credit currently received by military personnel in combat zones to the civilian Federal employees working alongside them. My fellow Virginian, Congressman Frank Wolf, has introduced a similar bill in the House of Representatives. In addition, several Federal employee organizations, such as the American Federation of Government Employees (AFGE), the National Treasury Employees Union (NTEU), the Financial Management Association (FMA), the Senior Executives Association (SEA), the American Foreign Service Association (AFSA), and the National Federation of Federal Employees (NFFE), strongly support this legislation. As of today, I have made eleven separate trips to Iraq and Afghanistan to see firsthand the work of our military personnel, which is essential to success in these regions. In addition, the work of our Federal civilian employees in these regions is significantly important. At the moment, a majority of the work in the reconstruction of these countries is being done by the military and the Department of State (DOS). These dedicated men and women deserve our gratitude. However, as I have said on a number of occasions, our challenging task requires the coordination and work of Federal agencies across the spectrum. Regardless of whether one is in the military or a civilian, there are certain risks and hardships associated with working overseas. As a result, the Federal Government provides certain incentives to individuals when they take on extremely challenging jobs. For example, those in the military working in a combat zone receive the Combat Zone Tax Credit. This tax credit permits military personnel working in combat zones to exclude a certain amount of income from their Federal income taxes. This benefit for the military was established in 1913. Private contractors working in Iraq and Afghanistan get a similar benefit. Under the Foreign Earned Income Tax Credit, contractors are allowed to exclude a portion of their income from taxes while they work abroad, like in Iraq and Afghanistan. To date, however, no similar benefit exists for Federal employees serving in the same combat zones. I do not believe it is fair for our Federal employees to be excluded from the same benefits available to military personnel and private contractors in the same combat zone. The Commonwealth of Virginia, of which I have been honored to serve for the last 28 years in the Senate, is home to over 200,000 Federal employees. I have long been a strong supporter of our Federal employees as I have been for our military personnel. Our efforts in the war on terrorism can only be successful with a highly skilled and experienced workforce. I can personally attest to the dedication of civil service employees throughout the Federal Government. Since the September 11th attacks, Federal employees have been relocated, reassigned, and worked long hours under strenuous circumstances without complaints, proving time and again their loyalty to their country is first and foremost. During my service as Secretary of the Navy--during which I was privileged to have some 650,000 civilian employees working side by side with the uniformed Navy--I valued very highly the sense of teamwork between the civilian and uniformed members of the United States Navy. Teamwork is an intrinsic military value, in my judgment, and essential to mission accomplishment. A sense of parity and fairness is important for developing this teamwork. In Iraq and Afghanistan, the teamwork of the entire Federal Government is essential to harness our overall efforts to secure a measure of democracy for the peoples of those countries, and we need to make it easier for our Federal employees to participate. Last year, I offered additional legislation that became law under an emergency supplemental bill to achieve this goal. My bill, S. 2600, provided the heads of agencies other than DOS and the Department of Defense (DOD) with the authority, at their discretion, to give their employees who serve in Iraq and Afghanistan allowances, benefits, and gratuities comparable to those provided to State Department and DOD employees serving in those countries. At that time, the agency heads of non-DOD and DOS agencies did not have such authority, and it is essential, as part of the U.S. effort to bring democracy and freedom to Iraq and Afghanistan, that agency heads be able to give their workers in those countries the same benefits as those they work beside. In the last estimate, there are almost 2,000 Federal employees working a variety of jobs in Iraq and Afghanistan. I am grateful for their hard work in potentially dangerous situations. And, I know there are many other Federal employees who are anxious to serve their country and engage in these efforts, but it is a lot to risk. Providing parity in this important tax credit would provide a significant incentive for individuals to take on this challenge--a challenge that America desperately needs Federal employees to undertake. Throughout the world, America's civil servants are serving our government and our people, often in dangerous situations. They are on the ground in the war on terrorism taking over new roles to relieve military personnel of tasks civilian employees can perform. They are playing a vital role in the reconstruction of Iraq and Afghanistan. We have a long tradition in Congress of recognizing the valuable contributions of our Federal employees in both the military service and in the civil service by providing fair and equitable treatment. This bill gives us the ability to continue this tradition while at the same time providing an important incentive to help America meet its needs. I urge my colleagues to join with me in support of this legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to introduce the Federal Employee Combat Zone Tax Parity Act, which would provide parity to civilian Federal employees by extending the tax credit currently received by military personnel in combat zones to the civilian Federal employees working alongside them. My fellow Virginian, Congressman Frank Wolf, has introduced a similar bill in the House of Representatives. In addition, several Federal employee organizations, such as the American Federation of Government Employees (AFGE), the National Treasury Employees Union (NTEU), the Financial Management Association (FMA), the Senior Executives Association (SEA), the American Foreign Service Association (AFSA), and the National Federation of Federal Employees (NFFE), strongly support this legislation. As of today, I have made eleven separate trips to Iraq and Afghanistan to see firsthand the work of our military personnel, which is essential to success in these regions. In addition, the work of our Federal civilian employees in these regions is significantly important. At the moment, a majority of the work in the reconstruction of these countries is being done by the military and the Department of State (DOS). These dedicated men and women deserve our gratitude. However, as I have said on a number of occasions, our challenging task requires the coordination and work of Federal agencies across the spectrum. Regardless of whether one is in the military or a civilian, there are certain risks and hardships associated with working overseas. As a result, the Federal Government provides certain incentives to individuals when they take on extremely challenging jobs. For example, those in the military working in a combat zone receive the Combat Zone Tax Credit. This tax credit permits military personnel working in combat zones to exclude a certain amount of income from their Federal income taxes. This benefit for the military was established in 1913. Private contractors working in Iraq and Afghanistan get a similar benefit. Under the Foreign Earned Income Tax Credit, contractors are allowed to exclude a portion of their income from taxes while they work abroad, like in Iraq and Afghanistan. To date, however, no similar benefit exists for Federal employees serving in the same combat zones. I do not believe it is fair for our Federal employees to be excluded from the same benefits available to military personnel and private contractors in the same combat zone. The Commonwealth of Virginia, of which I have been honored to serve for the last 28 years in the Senate, is home to over 200,000 Federal employees. I have long been a strong supporter of our Federal employees as I have been for our military personnel. Our efforts in the war on terrorism can only be successful with a highly skilled and experienced workforce. I can personally attest to the dedication of civil service employees throughout the Federal Government. Since the September 11th attacks, Federal employees have been relocated, reassigned, and worked long hours under strenuous circumstances without complaints, proving time and again their loyalty to their country is first and foremost. During my service as Secretary of the Navy--during which I was privileged to have some 650,000 civilian employees working side by side with the uniformed Navy--I valued very highly the sense of teamwork between the civilian and uniformed members of the United States Navy. Teamwork is an intrinsic military value, in my judgment, and essential to mission accomplishment. A sense of parity and fairness is important for developing this teamwork. In Iraq and Afghanistan, the teamwork of the entire Federal Government is essential to harness our overall efforts to secure a measure of democracy for the peoples of those countries, and we need to make it easier for our Federal employees to participate. Last year, I offered additional legislation that became law under an emergency supplemental bill to achieve this goal. My bill, S. 2600, provided the heads of agencies other than DOS and the Department of Defense (DOD) with the authority, at their discretion, to give their employees who serve in Iraq and Afghanistan allowances, benefits, and gratuities comparable to those provided to State Department and DOD employees serving in those countries. At that time, the agency heads of non-DOD and DOS agencies did not have such authority, and it is essential, as part of the U.S. effort to bring democracy and freedom to Iraq and Afghanistan, that agency heads be able to give their workers in those countries the same benefits as those they work beside. In the last estimate, there are almost 2,000 Federal employees working a variety of jobs in Iraq and Afghanistan. I am grateful for their hard work in potentially dangerous situations. And, I know there are many other Federal employees who are anxious to serve their country and engage in these efforts, but it is a lot to risk. Providing parity in this important tax credit would provide a significant incentive for individuals to take on this challenge--a challenge that America desperately needs Federal employees to undertake. Throughout the world, America's civil servants are serving our government and our people, often in dangerous situations. They are on the ground in the war on terrorism taking over new roles to relieve military personnel of tasks civilian employees can perform. They are playing a vital role in the reconstruction of Iraq and Afghanistan. We have a long tradition in Congress of recognizing the valuable contributions of our Federal employees in both the military service and in the civil service by providing fair and equitable treatment. This bill gives us the ability to continue this tradition while at the same time providing an important incentive to help America meet its needs. I urge my colleagues to join with me in support of this legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. WARNER

Mr. WARNER. Mr. President, I join my colleague from Virginia, Senator Webb, in recognition of the 100th birthday of an exceptional American, Oliver White Hill. I am proud to say that this champion of civil rights is a fellow Virginian whom I have come to know personally over these many years. It is my privilege today to join Senator Webb in honor of this great man. After earning his law degree from Howard University School of Law where, I might add, he finished as the salutatorian to none other than future Supreme Court Justice Thurgood Marshall--Oliver White Hill began his law practice in Roanoke, VA, moving soon thereafter to Richmond to serve the National Association for the Advancement of Colored People, or NAACP, as the leader of its legal team in our Commonwealth. In his work with the NAACP from 1940 to 1961, Mr. Hill contributed tremendously to the progression of civil rights in our country, particularly in his role as a principal attorney on the landmark case of Brown v. Board of Education in 1954. Working diligently for the NAACP, Mr. Hill was legal counsel for many historic cases regarding equal opportunity in education, employment, housing, transportation, and justice. As a person who has spent many years in public service, I have a special appreciation for the dignity with which Mr. Hill answered the call to duty throughout his career, first as a veteran of World War II, as the first African American elected to the Richmond City Council since the Reconstruction era, and later as a Federal appointee to the Federal Housing Administration and the Department of Housing and Urban Development. It is my honor today to stand before the Senate in appreciation for the efforts of Mr. Hill on behalf of his country and his Commonwealth. Certainly, the legacy of his strong career in support of equal rights will continue to be felt through the determination of the many Americans mentored or inspired by Oliver White Hill, and I join with Senator Webb in gratitude for his dedication and longevity.

Mr. WARNER

Mr. WARNER. Mr. President, I am joined on the floor by my distinguished colleague, Senator Webb. We wish to address the Senate, indeed speak with all America, for we Virginians have suffered today one of the most grievous incidents ever to occur in our State or, indeed, in America. I speak to the tragic loss of life and tragic injury of so many students and faculty at the distinguished and venerable institution of Virginia Tech in Blacksburg, VA. All America joins to mourn these young people whose lives of promise have been cut so short, and those injured as they, hopefully and prayerfully, recover from their wounds. I must say, I have been privileged to serve in this institution for many years. I served in many other posts of public service in my lifetime. This tragedy, this tragedy is an incomprehensible situation, an incomprehensible, senseless act of violence. In time, be it days or weeks, Americans will learn more about the circumstances of today in Blacksburg, VA. For now, however, and forever after, our hearts and our prayers are with the victims, their families, and the other students and faculty at Virginia Tech and, indeed, their families. Virginians are proud of this historic university. I have known it all my lifetime and how it has served our State and Nation for nearly a century and a half as an exemplary institution of learning, one that has contributed many fine young men and women to the Armed Forces of our United States. For the moment, I simply close by saying that the historic and proud tradition of Virginia Tech will carry on. Our State embraces them as does all America. We will work with them to make sure they can carry on. I yield the floor.

Mr. WARNER. Mr. President, I thank my colleague. We do recognize, both of us, our gratitude to the bipartisan leadership of this institution in opening today's session with a prayer and a moment of silence to honor the victims; not only the victims involved but those at this great university and throughout the State. I also thank our Governor. Our Governor is en route quickly returning from a trip to Japan. He has been in contact and received a call from the President of the United States, George Bush. We have talked with his chief of staff throughout the day and have waited until this time, until such facts have been gathered, the few that are known about this tragedy, before addressing the Senate. I thank the Chair. I thank my colleagues. I yield the floor.

Mr. WARNER. Mr. President, I thank my colleague and dear friend from Maine. I thank other colleagues who have spoken to me and to my distinguished colleague, Senator Webb. We thank the Senate for its compassion in this matter. Each Senator feels deeply that it could have happened, I suppose, this sort of tragic situation, in any State in the Union. So we are all sharing this tragic moment in the life of America. I yield the floor.