John Warner

Mr. WARNER

Mr. WARNER. Mr. President, today I am pleased to join my colleague in the House of Representatives, Congressman Tom Davis, in introducing legislation that will enable Federal and military retirees to take advantage of premium conversion. Premium conversion allows individuals to pay their health insurance premiums with pre-tax dollars. This tax benefit was extended last year under a Presidential directive to current Federal employees who participate in the Federal Employees Health Benefits Program, saving an average of over $400 per year on their Federal income taxes. It is a benefit already available to many private sector employees, and State and local government employees. Although extending this benefit to Federal annuitants has broad support, it requires a legislative change in the tax laws. The legislation I am introducing today will do just that. The Federal Employees Health Insurance Premium Conversion Act will provide that the same health insurance premium conversion arrangement afforded to employees in the Executive and Judicial branches of the Federal government, be made available to Federal annuitants. This year, retirees under the Civil Service Retirement System received a 3.5 percent cost of living adjustment, and those who receive an annuity under the Federal Employees Retirement System received a 2.5 percent adjustment. This increase in benefits is nearly offset by severe increases in FEHB premiums. In 2000, health premiums increased by an average of 9.3 percent. The Office of Personnel Management reports that a similar increase is expected again this year. I am deeply concerned about increases in Federal Employee Health Benefit premiums in recent years. Health care coverage is provided to over 9 million Federal employees, retirees and their families under FEHBP. Ensuring affordable health care coverage for all Federal employees and their dependents must remain a priority for Congress. In addition, I am pleased that this bill will also allow uniformed services retiree beneficiaries, their family members and survivors to pay their TRICARE Prime enrollment fees and TRICARE Standard supplemental insurance premiums with pre-tax dollars. TRICARE Standard supplemental insurance premiums paid by active duty personnel are also covered by the legislation which allows for an above the line deduction to benefit active duty personnel and their families. This is a critical issue to many retirees, especially those living on a fixed income. Extending premium conversion will provide much needed relief from the increasing cost of health care insurance. It will help to ensure that more Federal retirees are able to afford continued coverage under the Federal Employees Health Benefits program. I encourage my colleagues to support this critical legislation and show their support of these Federal civilian and military retirees for their dedicated service. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today along with Senator George Allen and two Members of the House, Representatives Bob Goodlatte and Virgil Goode, to place in today's Record a moving speech delivered by President George W. Bush in recognition of the 57th anniversary of the historic landing by U.S. and Allied Forces on the beaches of Normandy, France. The Commonwealth of Virginia was honored when the President selected the small town of Bedford, where a magnificent memorial has just been completed in honor of the extraordinary bravery and sacrifice of the military men and women at Normandy, as the site to deliver this very important speech. This memorial will serve as an eternal salute to those who so bravely and selflessly fought for freedom. It is often said that June 6, 1944, D-Day, forever changed the course of history. So it is only fitting that such a magnificent structure be erected to remind future generations of that epic chapter in the long European struggle to restore freedom. The citizens of and soldiers from Bedford earned a unique, but tragic place in history that day. In 1941, the 29th Infantry Division, a National Guard division, was mobilized largely with citizen-soldiers from Virginia and Maryland. Although the division changed over three years, by D-Day, many Virginians took part in the Normandy landing. The 29th Division's 116th Infantry mounted the first wave together with the 1st Division's 16th Infantry Regiment. They suffered extraordinary casualties. The State of Virginia sustained nearly 800 casualties during the overall landing sequences. The Bedford National Guard component had formed ``A'' Company of the 116th and by D-Day, 35 Bedford soldiers were still in the 170-man unit. Nineteen of those young men gave their lives in the first assault wave, and several more died shortly thereafter from wounds. The devastating loss of these young men from a small town of 3,200 left Bedford with the highest per-capita loss on D-Day from any single community not only in Virginia, but the entire United States. Bedford is a living example of our Nation's many communities who share a common heritage of ``Homefront'' roles, sacrifices and stories. This community and its citizens serve as a particularly fitting home to this national memorial in recognition of all who participated in this battle and their loved ones back in the United States. Today's dedication of the National D-Day Memorial was a truly moving ceremony that will long be remembered by those in attendance and those who viewed it by television. The President delivered thoughtful, heartfelt words, truly befitting this solemn, reverent day. On behalf of the Virginian delegation, I ask unanimous consent that a copy of the President's remarks be printed in the Record for all America to share.

Mr. WARNER

Mr. WARNER. Mr. President, on behalf of the majority leader, Trent Lott, I ask unanimous consent that the Senate stand in recess until the hour of 1 o'clock.

Mr. WARNER

Mr. WARNER. Mr. President, I rise today in support of the nomination of a Virginian, Theodore ``Ted'' Olson, to serve as the Solicitor General of the United States. Article II, Section 2 of the Constitution provides that the President: shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Judges of the Supreme Court, and all other Officers of the United States. . . . Thus, the Constitution provides a role for both the President and the Senate in this process. The President has the power to nominate, and the Senate has the power to render advice and consent on the nomination. In fulfilling the constitutional role of the Senate, I have, throughout my career, tried to give fair and objective consideration to both Republican and Democratic Presidential nominees at all levels. It has always been my policy to review nominees to ensure that the nominee has the qualifications necessary to perform the job, to ensure that the nominee will enforce the laws of the land, and to ensure that the nominee possesses the level of integrity, character, and honesty that the American people deserve and expect from public office holders. Having considered these factors, I have come to the conclusion that Ted Olson is fully qualified to serve as our great Nation's next Solicitor General. The Solicitor General's Office supervises and conducts all Government litigation in the U.S. Supreme Court. The Solicitor General helps develop the Government's positions on cases and personally argues many of the most significant cases before the Supreme Court. Given these great responsibilities, it is no surprise that the Solicitor General is the only officer of the United States required by statute to be ``learned in the law.'' Mr. Olson's background in the law is impressive. He received his law degree in 1965 from the University of California at Berkeley where he was a member of the California Law Review and graduated Order of the Coif. Upon graduation, Mr. Olson joined the firm of Gibson, Dunn, & Crutcher in 1965, becoming a partner in 1972. During this time, Mr. Olson had a general trial and appellate practice as well as a constitutional law practice. In 1981, Mr. Olson was appointed by President Reagan to serve as Assistant Attorney General, Office of Legal Counsel in the U.S. Department of Justice. During his 4 years in this position, Mr. Olson provided counsel to the President, Attorney General, and heads of the executive branch departments. After serving in the Reagan administration, Mr. Olson returned to private practice. He has argued numerous cases before the Supreme Court, including one that we are all familiar with related to this past election and the Florida election results. His vast experience in litigating before the Supreme Court will serve him well as Solicitor General. Based on this extensive experience in the law, it goes without saying that Mr. Olson is ``learned in the law.'' Mr. Olson is obviously extremely well-qualified to serve as our next Solicitor General.

Mr. WARNER

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

Mr. WARNER

Mr. WARNER. I so request, Mr. President.

Mr. WARNER. I am not hearing the soft, wonderful voice of my great friend. Can he raise it a bit?

Mr. WARNER. Mr. President, may I inquire of the distinguished floor leaders, the Collins-Warner amendment has been pending. We have been very deferential to the leadership. Can we get an idea of when that might be disposed?

Mr. WARNER. Mr. President, might I say to the distinguished Democratic leader and the managers of the bill that there has been an ongoing negotiation with regard to this amendment, and my distinguished colleague from Maine and I have been very forthcoming with our managers. Our bill was up and we got the yeas and nays when this matter first hit the floor. We have acceded to their requests day after day to delay it. We think the time has come now. I assure the Senator we were in the front of the queue. Amendment after amendment has been filed at the desk subsequent to ours. We were here day 1, hour 1. We have cooperated with our distinguished managers to this point. I hope our distinguished Democratic whip will allow us to bring up this amendment.

Mr. WARNER. Mr. President, I advise our distinguished Democratic leader that Senators Mikulski, Dodd, and Harkin have worked with us right along, so it is a bipartisan effort. I am sure if they were present, they would join us in this request.

Mr. WARNER. I say to my good friend, I guess I reached down in the 23 years of experience in managing many bills and being in many conferences. There is a certain feeling about this legislation. It is for teachers. It is simple----

Mr. WARNER

Mr. WARNER. I join my distinguished colleague from Maine in a bipartisan effort with Senators Dodd, Mikulski, Harkin, and others. They have joined with us. This is not political. This is an amendment done for persons who teach our children. They simply take dollars out of their pocket and expend them for necessities in the classroom. All we are doing--it is not tax relief, a tax break--is returning those dollars to their pockets. The education of our children can be no stronger than those to whom we entrust that educational responsibility. Let us recognize them with this very simple yet, I think, straightforward and heartfelt expression of the Senate. I thank the managers. I believe they are about to say they are accepting the amendment. Could we have a rollcall vote for it?

Mr. WARNER

Mr. WARNER. Mr. President, I rise today in strong support of the nomination of my good friend and former colleague Senator Howard Baker to be U.S. Ambassador to Japan. I can think of no finer individual to serve in this important post, for no finer person ever served in the U.S. Senate. Having an Ambassador to Japan with Senator Baker's experience, knowledge, and statesmanship is crucial during this important period in U.S.-Japan relations. It is vital to America's goals for peace in this region. The overall security situation in Asia is of utmost importance. Having Senator Baker representing the United States in Japan will be a tremendous asset as we work to maintain security and stability in that vital region. He proudly served as a sailor--P.T. boat sailor--who knows how to navigate rough seas. Senator Baker's past service to the nation has been exemplary. He represented his home State of Tennessee for three terms in the Senate, from 1967 until 1985. Over the course of his final four years in the Senate, Howard Baker served with distinction as the Senate majority leader. After leaving the Senate, Senator Baker went on to serve the Nation as former President Reagan's Chief of Staff and as a member of the President's Foreign Intelligence Advisory Board. Senator Baker, of all people, fully understands the demands and sacrifices we ask of our public officials and their families. His willingness to take on this challenge and once again return to public service is greatly appreciated. By his side, indeed a partner, will be his lovely wife, our former colleague, Nancy Kassehaum Baker. Mr. President, I have been fortunate, to have worked with Senator Baker for many years. I have the great privilege to now be in my fourth term because of his help, and, above all, his advice and friendship The Nation, the Senate wish them both good fortune.

Mr. WARNER

Mr. WARNER. Mr. President, I rise to ask the Senate to act on this, as we have just done. I am honored to do so on behalf of the few in the Senate who served in World War II, Senators Inouye and Stevens, with great distinction, I myself with very modest service beginning in 1945 during the closing months of the war. This memorial is long overdue in recognition of the enormous sacrifice of the men and women of the U.S. military; and, indeed, it is a symbol of the sacrifices of an entire generation, not only those who went abroad to the battlefields but those here at home and their families. Mr. President, our former colleague, Robert Dole, was very instrumental in seeing that the financial package and other aspects on this memorial were successful.

Mr. WARNER. Mr. President, I ask unanimous consent that the Energy Committee be discharged from further consideration of H.R. 1696 regarding construction of the World War II memorial, and the Senate proceed to its immediate consideration.

Mr. WARNER. Mr. President, I ask unanimous consent the bill, as amended, be advanced to third reading and passed, the motion to reconsider be laid upon the table, and any statements be printed in the Record.

Mr. WARNER. Mr. President, I understand there is an amendment at the desk submitted by Senator Stevens and Senator Inouye, myself, and others, and I ask for its immediate consideration.

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

Mr. WARNER. Mr. President, I ask unanimous consent that the amendment be agreed to and the motion to reconsider be laid upon the table.

Mr. WARNER

Mr. WARNER. I think I have answered it, but you may go right ahead, sir.

Mr. WARNER. Mr. President, there are moments in your Senate career you shall not forget, and this is one, when I am privileged to join with our distinguished junior Senator from Maine. She pioneered this effort. And let no one be mistaken about that fact. I think Senator Jeffords and Senator Kyl and others have also been at the early stages of this issue, some years more ago. I joined them last year. We recognized we had two bills, and the time came for a consensus to elect a leader. The unanimous choice was the junior Senator from Maine. I am, as we say in the military, one step behind her dutifully following. But together we have crafted an amendment that every Senator in his or her heart and conscience can accept. I am optimistic that this will become law. Mr. President, I ask unanimous consent to have printed in the Record a letter from the National Education Association. While addressed to me, it really is addressed to both of us.

Mr. WARNER. The letter, in part, states: On behalf of the National Education Association's (NEA) 2.6 million [teachers], we would like to express our support for your amendment to the Senate tax bill to provide tax benefits for educators' professional development and classroom supply expenses. Our great President sent to the Congress the message--which is the title of his education reform blueprint--``No Child is Left Behind.'' We cannot hope to achieve the goals in this guide, and the goals across our Nation, which every town, village, and city wish to have to improve education, leaving no child behind, if we leave our teachers behind. We will not leave any child behind if we do not leave teachers behind. That is the point. You cannot have one without the other. They go hand in hand. I stopped to think how hard we work on our individual careers. Yes, we work on our careers. But teachers work to create--to create--the possibilities for others, the younger generation, to develop those careers. My colleague from Maine has, in great detail, gone into the various parts of this bill, our President, on page 13 of his education reform blueprint, has a provision which says as follows: . . . provides tax deductions for teachers. Teachers will be able to make tax deductions of up to $400 to help defray the costs associated with out-of-pocket classroom expenses such as books, school supplies, professional enrichment programs, and other training. We accepted that challenge of our President in this bill. We not only accepted it; we listened carefully to the teachers association, and we have enhanced it in a modest way. We have enhanced the goals set out by our President and the same goals that are really in the hearts and minds of our people all across America today. So I am honored to join with my distinguished colleague. Mr. President, just last week, on May 8, 2001, the Senate overwhelmingly adopted amendment that I offered with Senator Collins to the education bill. This amendment, which passed by a vote of 95-3, stated: the Senate should pass legislation providing elementary and secondary level educators with additional tax relief in recognition of the many out of pocket, unreimbursed expenses educators incur to improve the education of our Nation's student. I note that both the chairman and ranking member of the Finance Committee supported this sense-of-the-Senate amendment. Senator Collins and I have pursued the goal of providing much needed tax relief for our teachers for sometime. However, despite sharing the same goal, in the past, we each have had our own bill and each had our own approach towards achieving this shared goal. Senator Collins has truly been a leader on the issue of tax relief for teachers. I commend her for her work in highlighting this issue and for her tireless efforts to improve education in this country. I am so glad that Senator Collins and I had the opportunity to sit down and discuss teacher tax relief legislation in greater detail. As a result of these discussions, we have joined forces and agreed on an approach to achieve our shared goal. Today, I am honored to be joining with Senator Collins in offering the teacher tax relief amendment to the tax bill currently before the Senate. This Collins-Warner amendment is cosponsored by a bipartisan group of Senators, including Senators Landrieu, Cochran, Allen, Harkin, Gordon Smith, Mikulski, Reed and Hutchinson of Arkansas. The National Education Association has also endorsed this amendment. The Collins-Warner teacher tax relief amendment has two components. First, the legislation provides a maximum $250 tax credit to teachers for classroom supplies. This credit recognizes that our teachers dip into their own pocket in significant amounts to bring supplies into the classroom to better the education of our children. Second, this legislation provides a maximum $500 above the line deduction for professional development costs that teachers incur. This deduction will particularly help low-income school districts that typically do not have the finances to pay for professional development costs for their teachers. Mr. President, our teachers in this country are overworked, underpaid, and all too often under-appreciated. In addition to these factors, our teachers expend significant money out of their own pocket to better the education of our children. Most typically, our teachers are spending significant amounts of money out of their own pocket on: classroom expenses--such as books, supplies, pens, paper, and computer equipment; and professional development costs--such as tuition, fees, books, and supplies associated with courses that help our teachers become even better instructors. These out of pocket costs place lasting financial burdens on our teachers. This is one reason our teachers are leaving the profession. Little wonder that our country is in the midst of a teacher shortage. Estimate are that 2.4 million new teachers will be needed by 2009 because of teacher attrition, teacher retirement and increased student enrollment. While the primary responsibility rests with the states, I believe the federal government can and should play a role in helping to alleviate the nation's teaching shortage. On a Federal level, we can encourage individuals to enter the teaching profession and remain in the profession by providing tax relief to teachers for the costs that they incur as part of the profession. This incentive will help financially strapped urban and rural school systems as they recruit new teachers and struggle to keep those teachers that are currently in the system. Our teachers have made a personal commitment to educate the next generation and to strengthen America. While many people spend their lives building careers, our teachers spend their careers building lives. The teacher tax relief amendment goes a long way towards providing our teachers with the recognition they deserve by providing teachers with important and much needed tax relief. At this point in time, I think I should yield the floor for purposes of such other remarks as other Senators may wish to make.

Mr. WARNER. Mr. President, I thank my distinguished colleague for her very thoughtful remarks. She is a pillar today in this Senate, and she will always be a pillar of strength and wisdom in this institution. Now, Mr. President, we will be anxious to hear from the managers of the bill. I note, again, that both managers voted for the Warner-Collins sense- of-the-Senate amendment on the education bill endorsing this concept. I will quote again the amendment for the benefit of the managers. The amendment was adopted on May 8, 2001. The amendment passed by a vote of 95-3. And I quote it: The Senate should pass legislation providing elementary and secondary level educators with additional tax relief in recognition of the many out of pocket, unreimbursed expenses educators incur to improve the education of our Nation's students. Mr. President, it is remarkable, as I travel about our State, the great State of Virginia; you cannot go to a school, and particularly the elementary schools, without hearing of teachers, although they will not tell you, who reach into their own pockets and take out their funds--after paying taxes--and quietly buy, here or there, various necessities which they, in their judgment, believe are necessary to enable them and their students to learn. I wish to emphasize, it is voluntary.

Mr. WARNER. I appreciate my junior colleague, the Presiding Officer, advising me, but if I could have 15 seconds.

Mr. WARNER. Without hesitation, if you asked the question, they will then say: Yes, but I do it voluntarily out of the goodness of my heart. And they will say: Look at the walls, Senator. Look at the drawers. Look at the desks. And they can point to object after object they have purchased with their own funds--after taxes. I thank the Chair and yield the floor.