John Warner

Mr. WARNER

Mr. WARNER. Mr. President, as I said, in due course I will have further to say. But again it comes down to separation of powers between the executive and legislative branches, and given those situations--and I respect my good friend's evaluation of the tragedy associated with people in those lands and the potential for some dollars being funded toward that purpose. But the President has to look at this situation constantly, every day, 365 days a year. Situations change. And for the Congress to lay on a blanket prohibition on Presidential power to exercise his discretion of where and when and how to disrupt the flow of dollars, as pointed out by my colleague from New Jersey, we are very much hesitant to do that. So at the appropriate time I will have further to say about this amendment.

Mr. WARNER. I will wait to propound the unanimous consent request until the other side responds. I am going to ask unanimous consent--but I will wait until we get a response from the other side--that a vote on or in relation to the Frist amendment No. 1342, regarding supporting our Boy Scouts, and others, occur at 2:15 today, with no second-degree amendments in order prior to the vote; provided further that there be 2 minutes equally divided for debate prior to the vote. So I say there is the strong likelihood that request will be granted. I thank the Senator for his courtesy.

Mr. WARNER. Mr. President, I thank the Senator for his comments. Senator Reed is an esteemed member of the committee. I assure the Senator, I have been in consultation with our leadership and presumably the Senator's leadership about this bill. We brought it up with the understanding that there may be matters that require the attention of the Senate, at which time we do not do anything but put it aside for a brief period of time and then bring it up again. This is my 27th time I have had the privilege of being engaged in one level or another the managing of the Defense bill. I can recall one time it took us 4\1/2\ weeks to get it through. But it was a leadership decision and the managers of our bill recognize from time to time we have to accede. I am not here to try and prejudge what legislation may or may not be brought up, but I assure the Senator, I am in total support of the leader making those decisions.

Mr. WARNER. That is correct.

Mr. WARNER. I am prepared to discuss it.

Mr. WARNER. Mr. President, I thank my colleague for raising this question. The distinguished Senator from Michigan discussed it with me earlier. You have read it and you have interpreted it correctly. It is to sustain the level of funding and activities that have been historically provided by the several agencies and departments of the Government heretofore.

Mr. WARNER. I say to my good friend, that is the way the bill reads, and there 60-some cosponsors who, presumably, have addressed that. I brought it to the attention of the staff of the leader a short time ago and indicated this, asking do I have a clear understanding, and the Senator has recited the understanding that I have.

Mr. WARNER. Mr. President, if I may say to my colleagues, in no way does this bind the Appropriations Committee to exercise such discretion as it may so desire in that level of funding. If it was brought to their attention that there was malfeasance or inappropriate expenditures at some point in any program, they are perfectly within their authority to limit or eliminate the funding altogether.

Mr. WARNER. Mr. President, this issue was raised and the legal counsel drew this up. I must say, you raise a point, but I am sure if there are any improprieties associated with these programs, the appropriators have full authority to curtail or eliminate the funding.

Mr. WARNER. Mr. President, what I suggest in the parliamentary situation is that I withdraw the unanimous-consent request at this time. In the interval, until we raise the question to vote again, the Senator presumably will engage with the leader's office regarding these concerns. So I withdraw the request at this time rather than amend it.

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

Mr. WARNER. Mr. President, the amendment--we call it generically the Boy Scout amendment--offered by the distinguished majority leader is being looked at in the full expectation that it can be resolved and voted on at an appropriate time this afternoon. For the moment, I believe the distinguished Senator from South Carolina and the Senator from New York have an amendment, and I think we should proceed with that debate.

Mr. WARNER. Yes. I thank my colleague. In view of the fact that there is a strong indication by myself and my distinguished ranking member that it be accepted, can we reach a time agreement?

Mr. WARNER. Equally divided between yourself and the Senator from New York? Then I think 10 minutes for Senator Levin--let us assume that we can do it in 30 minutes.

Mr. WARNER. I ask unanimous consent that the time agreement for the amendment offered by the Senator from South Carolina and the Senator from New York be 45 minutes, 30 minutes to the proponents, and 15 minutes reserved to the managers.

Mr. WARNER. Mr. President, I am happy to yield to the Senator from South Carolina for the lineup of speakers.

Mr. WARNER. I thank our distinguished colleague from Maine, who is going to address a very important subject.

Mr. WARNER. I thank our colleagues. We are open for further amendments. The Boy Scout amendment is being reviewed. The Lautenberg amendment is, likewise, being reviewed on our side. It will take the managers a few moments to advise the Senate as to what the next matter will be. Therefore, I suggest the absence of a quorum.

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

Mr. WARNER. Mr. President, the Senator from Nevada has consulted with the managers of the bill and desires to address the Senate in the context of several amendments. We thank the Senator very much for his participation.

Mr. WARNER. Mr. President, we would like to accommodate the Senator. My only inquiry is, we now have on the floor the two principals on this important measure. If you wish, for a few minutes, to lay down an amendment, I am sure we could do that. I would like to have this important debate resumed.

Mr. WARNER. I have no objection.

Mr. WARNER. This is a matter the ranking member and I have worked on. I ask unanimous consent that between the hours of 4:30 and 6:30 tonight the amendment by Mr. Lugar be brought up with 1 hour on each side, with the hour in opposition under the control of Mr. Kyl, with a rollcall vote immediately following.

Mr. WARNER. I thank the Senator. There are no second degrees.

Mr. WARNER. Mr. President, I want to engage the Senator from Maine and the Senator from New Jersey. We have a unanimous consent request from our colleague from Texas. Would the Senator from Texas repeat that for the Senator from Maine.