John Warner

Mr. WARNER

Mr. WARNER. That would be under rule 14?

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that at a time determined by the majority leader, after consultation with the Democratic leader, the Senate proceed to executive session for the consideration of Calendar No. 88, the nomination of Victor Wolski to be a judge of the U.S. Court of Federal Claims. Further, I ask that the same order apply to Calendar No. 132, the nomination of Bruce Kasold to be a judge of the U.S. Court of Appeals for Veterans Claims.

Mr. WARNER

Mr. WARNER. Mr. President, for the Committee on Armed Services I report favorably the following nomination list which was printed in the Record on the date indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that this nomination lie at the Secretary's desk for the information of Senators.

Mr. WARNER

Mr. WARNER. Mr. President, I come to the floor this morning to pay tribute to a very talented, kind and generous member of our Senate family, Janine Johnson. Sadly, at the far too young age of 37, Janine passed away. For the past 13 years, Janine served as Assistant Counsel in the Senate's Office of Legislative Counsel. Some of us were privileged to work with her directly and benefit from her skill and keen intellect. While many of us over the years have recognized the well-deserved contributions of our staff in our personal offices or on committees, we all know that we depend highly on the exceptional professional judgment and tireless efforts of the staff in the Senate Legislative Counsel's office. While Janine did not work for an individual Senator or Committee, it is without question that Janine was devoted to the institution of the Senate, skilled in the intricacies of the law, and served the Senate with distinction. Janine was the primary Legislative Counsel for many issues under the jurisdiction of the Committee on Environment and Public Works. It was during my tenure as Chairman of the Transportation Subcommittee that my staff and I were privileged to work with Janine. She was our counsel for the development of the National Highway System Act of 1995, and later on the landmark Transportation Equity Act for the 21st Century, commonly referred to as TEA-21. Also, during my chairmanship, Janine guided us on the development of several Water Resource Development Acts, that were enacted on a biennial cycle. It was during those long days and weeks in working in committee, on the Senate floor and later in conference on TEA-21 that we witnessed the exceptional skill, thoroughness and professionalism that Janine brought to every issue. The surface transportation bill expired in the fall of 1997. The Congress passed a 6-month extension bill and we came back in early 1998 to renew our efforts on a full 6-year reauthorization bill. Janine was there with the committee every step of the way. The staff recollections of Janine's contributions to the development of TEA-21 are unmistakable. I hear of her deep commitment to the law, to turning vague concepts into statute, and faithfully executing the views of the committee and Senator's agreements on complex policy issues. Most importantly, I hear staff use heartfelt words to describe Janine's grace, her delicate nature, her respect for her colleagues, her genuine kindness, and her commitment to the work at hand. I'm told that on many occasions when staff completed work for the night, usually past midnight, and left sections for Janine to draft that often her work was on their desks by 9:00 the next morning. She was always willing to stay long past when the Metro closed, as long as she had a ride home. We, in the committee, relied heavily on Janine's legal abilities, her legislative drafting precision and we were fortunate to have her as a star on our team--although for far too short a time. Janine's academic achievements are superior, graduating with high honors from Harvard Law School in 1986 and then clerking for the Honorable Cecil Poole on the U.S. Court of Appeals for the Ninth Circuit. With her exceptional qualifications, I'm confident that she would have been successful in any career path she chose. Fortunately, for us, she came to the Senate and for 13 years we have all been more successful because of her. The poet Albert Pike has said: What we have done for ourselves alone dies with us; what we have done for others and the world remains and is immortal. Janine has certainly touched many of us in lasting ways. The Senate is grateful for her service and we share our condolences with her friends and family.

Mr. WARNER

Mr. WARNER. Will the Senator yield?

Mr. WARNER. I thank the Senator. Let me just say that I associate myself with the remarks of Senator Allen. Three years ago, during debate over this same bill, I stood on the floor of the Senate and fought this battle. I hope that we are not doing this again a few years down the road. I understand that despite the best efforts of counterparts in the House, Congressmen Wolf, Davis, Moran and Delegate Norton, the House of Representatives has unfortunately approved an FAA reauthorization bill that would increase flights at Reagan National by 12 slots beyond the perimeter and 8 slots within the perimeter. I thank my colleague from Virginia and join him in agreeing to work with the Commerce Committee chairman and ranking member to see that this issue is resolved once and for all at Reagan National Airport. I yield back to my friend from Virginia.

Mr. WARNER

Mr. WARNER. Mr. President, I spoke today with the press about the idea that NATO, if requested, might provide a peacekeeping force to support a cease-fire previously agreed to by the Israeli Government and the Palestinian Authority. NATO peacekeepers would have to be invited by both governments, and in no way should be viewed as a challenge to either side's sovereignty. The acceptance of this offer would have to be coupled with a commitment by Israel and the Palestinian Authority to cooperate in every way possible to permit the peacekeeping mission to succeed. I fully recognize that this would not be a risk-free operation for the participating NATO forces, some of which could be American. But I nonetheless believe that the offer of peacekeepers from NATO would have many benefits. First, it would demonstrate a strong international commitment to peace in the Middle East. By their presence, NATO peacekeepers might give hope to people on both sides that violence will be curtailed. Second, it would offer the prospect of a peacekeeping force that is ready to go, today. It is highly capable, rapidly deployable, and has a proven record of success with peacekeeping in the Balkans. Third, a NATO peacekeeping force is likely to be acceptable to both parties, given the traditional European associations with the Palestinian people and the traditional United States associations with the people of Israel. Fourth, it would be a worthy post-Cold War mission for NATO in a region where NATO member countries have legitimate national security interests. In 1999, NATO adopted a new Strategic Concept that envisioned NATO operations, including peacekeeping operations, taking place outside of Europe. There will be many detractors to the idea of sending NATO peacekeepers to the Middle East to help implement a cease-fire. There is, I acknowledge, a historical record of outside forces being unsuccessful in security mission in this area. But I invite the debate, first and foremost among the NATO members themselves. I think we can all agree on the imperative of redoubling our efforts to keep Israel and the Palestinians moving on the road to peace, and of offering an alternative that may break the tragic cycle of violence. This is the responsibility not only of the United States, but indeed, of the entire international community. Progress on Middle East peace would help us to continue the gains we have made in Iraq to spread peace in the Middle East and to address the underlying causes that have given rise to terrorist groups like al- Qaeda.

Mr. WARNER. Mr President, I rise today to express my concern about the horrific violence which has erupted over the past few days in the Middle East. The world is distressed to see the images on T.V. of today's suicide bombing in Jerusalem and the attacks in Gaza. Condolences are extended to all of those who continue to pay the price of this intolerable seemingly uncontrollable cycle of violence in the Middle East. This human suffering must be brought to an end. Once again I take the floor of the Senate to call on both sides both Israel and the Palestinians to take the initiative to invite NATO forces to undertake a peacekeeping role and to help provide a measure of stability needed to allow the ``road map'' process to maintain a momentum forward. President Bush is to be commended for his personal commitment to bring the Israelis and the Palestinians together on a path toward peace. Last week, President Bush, joining with world leaders, gave new impetus to the Middle East peace process. He met with the Israeli and Palestinian prime ministers at Aqaba, Jordan, where these two leaders agreed to begin to implement the early steps of the ``road map'' to peace. In Aqaba, both sides agreed to a step-by-step process whereby each takes positive steps and makes some concessions to achieve the stated goal of an Israeli and a Palestinian state, living side-by-side in peace. Unfortunately, there are third parties, such as Hamas and other radical groups, that are making every effort to continue the violence and disrupt the path to peace. These groups must not be permitted to hijack the peace process. How can others help the Palestinian leadership gain control of the security situation on its side? The Israeli and Palestinian leaders should be urged first to fulfill their commitments to establish and help to enforce a cease-fire; and, second, to ask the North Atlantic Council to consider sending a peacekeeping contingent as soon as practical. I have spoken before on this subject here on the Senate floor, and have written to President Bush, about my idea concerning how NATO might play a useful role in the quest for Middle East peace. I ask that my letter to President Bush and his reply be printed in the Record.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to honor a friend and an outstanding citizen of the Commonwealth of Virginia, Ambassador Jacques Paul Klein, on the occasion of his retirement from the U.S. Foreign Service. Ambassador Klein was born in Selestat in the Alsace region of France in 1939 and spent the first 5 years of his life living in a war zone. When World War II ended, Ambassador Klein and his mother came to the United States in search of a better life and a brighter future. They settled in Chicago, where Mr. Klein worked his way through school and eventually joined the U.S. Air Force, volunteering to serve his new country in Vietnam. In so doing, he realized a dream that started as a young boy when he watched victorious allied fighter planes flying over France. In 1971 Mr. Klein joined the Foreign Service. His initial tour of duty was in the Center of the Executive Secretariat, Office of the Secretary of State. He was posted abroad to serve as Consular Officer at the American Consulate General in Bremen, Germany. In 1979 he was selected to attend the National War College and upon graduation served as a Senior Advisor for International Affairs to the Secretary of the Air Force. In 1990 he once again answered the call of his country returning to Europe to serve as Senior Political Advisor to the Commander and Chief of the United States European Command in Stuttgart, Germany. In 1996 United Nations Secretary General Boutros Boutros Ghali selected him to serve as Transitional Administrator for Eastern Slavonia and Baranya with the rank of Under Secretary-General. After directing another successful international mission, Ambassador Klein once again answered the call of his country--accepting the nomination of the U.S. Government as the Principal Deputy High Representative in Bosnia and Herzegovina. In 1999 after more then 2 years of dedicated work to rebuild the war- torn Bosnia and Herzegovina, Mr. Klein was named by United Nations Secretary General Kofi Annan as Under Secretary General to the United Nations Mission in Bosnia and Herzegovina. Under the direction of Ambassador Klein, the UN Mission in Bosnia and Herzegovina completed the most extensive police reform and restructuring mission ever undertaken at the United Nations. Ambassador Klein's distinguished career in the U.S. Foreign Service and U.S. Air Force and Air Force Reserve demonstrates his continued willingness to valiantly serve his country. In addition to retiring as Major General of the U.S. Air Force, Ambassador Klein has been awarded the Secretary of Defense Outstanding Public Service award, the Air Force Distinguished Service Medal, and a Bronze Star. I am particularly proud of Ambassador Klein for his service to the United States and to the international community. His hard work and commitment to further the cause of international peace, to alleviate suffering, and to help those affected by international conflict have made him a respected member of the U.S. Foreign Service. His central goal in life has been to give something back, through his military and government service, to the country that took him in after World War II and provided him with so many opportunities. To that end, he has been a success that all Virginians and all Americans can be proud of. I wish to extend my sincerest congratulations to Ambassador Jacques Paul Klein and his family on the occasion of his retirement. I am honored to recognize his many accomplishments and applaud his distinguished service to our great Nation.

Mr. WARNER

Mr. WARNER. I thank the distinguished Senator. Mr. President, I am not here to in any way suggest what went right, what went wrong. My understanding is there is a reconciliation of viewpoints now. We have before us the opportunity to provide for this child tax credit for a category of individuals who, for reasons that I am certain the record explains, were preempted from the legislation. Upon learning this, as others did--largely through press accounts--I immediately called my distinguished chairman, Mr. Grassley; I called my distinguished friend from Oklahoma, Senator Nickles; I called Mrs. Lincoln and could not get a phone through to Montana, but I made an effort to try to reach you.

Mr. WARNER. Rural electrification. But anyway, Mr. President, I feel very strongly that the men and women of the Armed Forces--some 200,000-plus families--very much need this benefit. They are the ones who have fought in Iraq and Afghanistan and who are all throughout the world taking risks, basically, the enlisted ranks. I feel strongly that this great institution--the Senate--wants to be on record that one of the reasons to go forward, hopefully, and adopt the measure now pending before us is on behalf of the men and women of the Armed Forces of the United States. I thank the Chair and I yield back such time as I might have.

Mr. WARNER. Mr. President, I am pleased to join Senator Blanche Lincoln, D-AR, and Senator Olympia Snowe, R-ME, in proposing important bipartisan legislation to accelerate the refundable portion of the child tax credit to low-income families. As chairman of the Senate Armed Services Committee, I have a special obligation to look after the welfare of the young men and women of the U.S. Armed Forces, up to 200,000 of whom could be eligible for and deserve this tax credit. Over the past few weeks, we in Congress, have worked hard to pass the economic stimulus package to promote long-term economic stability, and to stimulate investment and new job creation. While these provisions will provide substantial relief to America's families, our work is not yet complete. Included in the tax package were provisions to immediately increase the Child Tax Credit from $600 to $1,000 an important tax reform that we all support. However, the new law did not make the necessary technical changes in the refundability component which is necessary for certain low-income individuals to take advantage of the increase. I believe in providing fair and equitable tax relief to all Americans, especially to those raising children, our Nation's future. Providing tax relief is an important bipartisan achievement. Now we must build on this accomplishment by correcting this oversight and ensure that these hard working families are not ineligible for this needed benefit. The legislation I am cosponsoring will correct the inequity and provide low-income families, those who need it the most, the full tax credit. The bill accelerates the refundable part of the new $1,000 child tax credit provision from 10 to 15 percent, so American families in the $10,500 to $26,625 income bracket, who were not included in the new tax law, would receive the same benefits as those families with children in other brackets. The costs attributed to accelerating the child tax credit would be offset by closing corporate tax shelters. However, the important task before the Senate is to correct this oversight and provide these low- income families with fairness and the ability to take advantage of the increase in the child tax credit. I am also cosponsoring related legislation introduced in the Senate by Finance Chairman Grassley to correct this issue and also to make the child tax credit and the refundable portion of the tax credit permanent law. It is my hope that we can pass either of these legislative proposals, or any other similar approach, to correct this inequity. We have a responsibility to American families trying to care for their children, using their resources as best they can, to provide fair and equal treatment under the Tax Code.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today to recognize and pay tribute to an outstanding officer, CPT Charles A. Bush, on the occasion of his retirement from the Department of the Navy. It is a great honor for me to take this opportunity to thank Captain Bush and his family for his 27 years of distinguished and dedicated service to our Nation. Over the last quarter of a century, he has proudly and selflessly served his Nation in defense of freedom. Few of us can appreciate the true awe of the U.S. aircraft carrier as well as Captain Bush can. During his career he served the aircraft carrier community in many facets: naval aviator, engineer officer, maintenance coordinator, and most recently as program manager for in- service aircraft carriers. During his tenure as program manager, Captain Bush oversaw the construction of the USS Harry S Truman, CVN 75, and Ronald Reagan, CVN 76, the complete refueling and complex overhaul of the first Nimitz- class carrier, USS Nimitz, CVN 68, the commencement of the second Nimitz-class carrier to undergo a refueling and overhaul--the USS Dwight D. Eisenhower, CVN 69, as well as the maintenance planning for the in-service carrier force at the highest possible level of readiness. His innovative concepts, motivational leadership, and personal energy have produced exactly what was required to support these national assets--dramatic streamlining of processes and organizations, reduced maintenance cost and cycle time, and a government and commercial workforce trained for and ready to take these concepts forward. The culmination of his efforts can be no better illustrated than by the successful surge of carriers in support of both Operation Enduring Freedom and Operation Iraqi Freedom. Captain Bush's son, Nicholas, now has the distinct honor to continue the family's great service to our Nation onboard the USS Nimitz. Nicholas is a naval flight officer assigned to VAQ-135, NAS Whidbey Island, WA, and was recently deployed in support of Operation Iraqi Freedom. It is my honor to recognize Captain Bush for his distinguished service to our Nation. As a veteran of World War II and Korea, I have the highest respect for those who serve in uniform, and I appreciate and honor all the men and women who have served, and continue to serve, in defense of freedom. Recalling our national anthem, to our veterans and Armed Forces, I say, we would not be ``the land of the free'' were we not also the ``home of the brave.'' My colleagues and I wish Captain Bush and his family continued success and the traditional naval wish of ``Fair winds and Following seas'' as he closes out his military career.

Mr. WARNER

Mr. WARNER. Senator Levin should know my sentiments.

Mr. WARNER. I strongly urge that this amendment be rejected by the Senate. As I understand, Mr. President, the vote takes place at 2:50 today.

Mr. WARNER. Mr. President, I yield time to myself. I thank my colleague from Arizona. He, with a great sense of humility, can refer to his own long association with the Active and, indeed, Reserve and Guard Forces throughout this country. He knows full well that the purpose of the BRAC is to enable the men and women of the Armed Forces to have a better lifestyle together with their families-- that coupled with the desperate need to continue with the modernization and transformation of these Armed Forces. I thank my colleague for his participation and strong support to maintain what is law today, and which law gives Congress adequate opportunity, as I have said, to protect the interests of our States. I enumerated there are several parts of the bill which provide that. I enumerated very clearly they were going through quite a process with regard to the evaluation of overseas bases prior to final decisions on the BRAC. I believe Members have a role of participation to come in the days, months, and whatever period it takes. Mr. President, I now have in hand the letter from the Secretary of Defense as authorized by the President. I have referred in part to an earlier communication from the Secretary of Defense to the House. It is parallel to the one received by the Senate, strongly stating the essential nature of this and concluding: If the President is presented a bill that amends the BRAC authority passed by Congress two years ago . . . then I would join other senior advisors to the President recommending that he veto any such legislation. That is a perilous route to put the Senate in with regard to this important piece of legislation. In my years here, I have witnessed our legislation contested to the very last minute and how the Appropriations Committee then had the distasteful task of trying to pick out those portions of our bill which had to become law. So much of the work--of all the Members, not just the committee members--in that bill is lost in that process of dissembling our bill and putting portions on the Appropriations bill as it goes forward.

Mr. WARNER. I ask unanimous consent the Senator from Michigan be given 5 minutes--add an extra 5 minutes to both sides. As I understand, there is another Senator. Let's suggest we add another 10 minutes to both sides.

Mr. WARNER. I want to return to Senator Lott's comment when he said ``Never say never,'' which indicates maybe someday a BRAC procedure. Senator Lott very accurately portrayed the turmoil in the States, the cities, the towns, and the villages where military installations are located. It is a very painful procedure by which the Department has to evaluate each of those installations and make the determinations which are no longer needed for the viability of a modern military. Consequently, the mayors, the city councils, the Governors are working very hard--I know in my State--as they are in each of your States at this time to prepare themselves for the unknowns of BRAC. Considerable dollars in the local budgets, and in the State budgets, are expended to hire those individuals they believe are expert in how best to go before the BRAC Commission, should a base or a facility in that State be put on the DOD list. The Governors can address that Commission, and indeed the Members of Congress, to state the case for not closing a base. All this is going on at great expense. As Senator Lott said, ``Never say never.'' Congress has spoken. It has put a law on the books under which our President is currently operating. He has indicated he is not going to let that law be removed. So if we take action today and send a signal that the Senate is repealing the previous law, there is a long course of uncertainty as to whether or not that decision by the Senate will stand. This President, whom I have come to respect enormously, when he says he is going to do something, does it. These communities-- as Senator Lott says, ``Never say never''--will be in a great state of uncertainty for an indefinite period of time. I do not say this by way of any threat. It is my own opinion. I believe the law that has been adopted by the President, that is in force, is going to stay in force. We better recognize that and get on with the business of this Nation to properly enable those of responsibility to realize the force and base structure of this country. I yield the floor.

Mr. WARNER. Mr. President, we are about to turn to an amendment by our colleague from North Dakota and our colleague from Mississippi. I say to these two fine, outstanding colleagues, while I must oppose this amendment, I have rarely seen such extraordinary tenacity as exhibited by these two Senators in their strong convictions with regard to the matter that is about to be put forward. I wonder if the two Senators will offer the amendment, and then I wish to do a housekeeping measure with regard to the vote.

Mr. WARNER. I move to reconsider the vote.

Mr. WARNER. We must move on, Mr. President. (Laughter.)

Mr. WARNER. Mr. President, I am deeply humbled by Senator Reid's kind remarks. I wish to say, certainly this is not about my own career. I always felt I benefited more from my brief tour of military service than did the military for my service in those days. I tried to, in a sense, pay back so that other members of the service today can have the same and greater benefits than I had. I would never have received a college education in all probability had it not been for the GI bill. Although I did serve twice, I never placed myself in the category of combat arms and the valorous heroes of this great country but did my duty, as millions of others have, and was privileged to do so. On the Committee of Armed Services, no one could have a more wonderful working partner than my colleague from Michigan. We have sat side by side this quarter of a century, but we have achieved a high water mark of bipartisanship because we are really there to be responsive to the needs of the men and women of the Armed Forces and the overall security needs of our country. As each President has sent forth his message to the Congress, we have done our best to fulfill that message. I thank my colleague from Nevada and thank my colleague from Michigan.

Mr. WARNER. Mr. President, to my knowledge, there are no other speakers on this side of the aisle.

Mr. WARNER. Mr. President, I commend my colleagues on this timely and very compassionate initiative. I particularly thank, on my side, Senator Sessions, Senator Cornyn from Texas--who momentarily will address this issue--and Senator Kyl, who talked to me this morning. He expressed that the two of you had reconciled, in large measure, some concerns that he had. So I say to Senator Kennedy, we thank you for taking this initiative. We have all worked diligently as a team to provide this situation. Each of us knows the distinguished service by those who come from lands abroad in the Armed Forces of the United States. It is a part of our history, and it is a traditional means of demonstrating the allegiance and commitment to the ideals of this Nation to which these individuals have come to join our society. I believe this amendment--which would shorten the waiting period from 3 years to 2 years for noncitizen service members, both Active Duty and Reserve, and which eliminates fees for processing, and which extends an accelerated naturalization process to certain spouses and parents and children of deceased alien members--has great merit and should be supported. At this time, Mr. President, I yield such time as the distinguished Senator from Texas desires.

Mr. WARNER

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