John Warner

Mr. WARNER

Mr. WARNER. Mr. President, the leadership is working with the managers to see what we can do to resolve the question of one of the amendments which is pending before the Senate with regard to matters relating to the Commerce Committee. We see the Senator from North Dakota prepared to speak to his amendment. As soon as we can work out the parliamentary situation, we will proceed to that point.

Mr. WARNER. No objection.

Mr. WARNER. Mr. President, together with the Senator from Nevada, the Senator from Virginia, in consultation with leadership, presents to the Senate this UC: I ask unanimous consent that at 5:30 today the Senate proceed to a vote in relation to the Warner amendment No. 3458 which is to be drafted as a first degree; to be followed immediately by a vote in relation to the Lautenberg amendment No. 3291; provided that no second degrees be in order to the amendments prior to those votes. Amendment No. 3291, As Modified

Mr. WARNER. That is a reasonable request, and I suggest the absence of a quorum.

Mr. WARNER. I presume the Burns matter would require a recorded vote, so at this point in time I don't know whether the Senator is willing to use this available time to explain his amendment, although it will not be a pending matter before the Senate. We will try to resolve the underlying parliamentary situation with regard to both amendments, the underlying amendment and the Burns second-degree amendment, so the Senator will have his opportunity.

Mr. WARNER. Mr. President, I so note that observation. May I inquire of the Senator from North Dakota: Is the parliamentary situation on his amendment now clear?

Mr. WARNER. Mr. President, we are where we are. In the mortal words of someone smarter than I, we have to deal with the cards which have been dealt. I have a suggestion. We are trying to work out how we could protect the parliamentary situation as it now exists with regard to the Burns second degree such that we could proceed now with the debate on the amendment of the distinguished Senator from North Dakota and at least have the debate in place in the hopes that perhaps we could resolve this dilemma as the day goes on.

Mr. WARNER. Mr. President, I thank my colleague for bringing up that point. I, too, am concerned, as is every Member of this body, about the daily, weekly loss of life and limb by our brave men and women in the Armed Forces. As the Senator says, this is their bill. That is what it is. It is their bill, whether they are privates or generals or admirals. Might we accommodate the Senator from Ohio?

Mr. WARNER. Mr. President, I will be available tonight should the senior Senator from West Virginia desire to take up that debate tonight.

Mr. WARNER. Mr. President, I hope we can perhaps reach the Byrd amendment today. It is an important amendment. I have shared many debates with my good and valued friend from West Virginia, and we are prepared. I cannot join him in support, but we will have a good, strong debate on it. It will be, I believe, a historic debate to initiate today.

Mr. WARNER. Mr. President, I concur in the observation of our distinguished colleague. All I am saying is we should look at each one individually rather than establishing a policy at this point--certainly with regard to this bill because, as the distinguished majority leader said, the Senate has devoted extensive time to this piece of legislation. It is very important. I am optimistic that we can meet the schedule for completion tomorrow night. I hope that optimism is shared on the other side. At this time, the bill is open to amendment. The managers await the arrival of the first Senator.

Mr. WARNER. Mr. President, we have decided with the vote on the Warner amendment that we are going to leave it to the families to decide what they want to do when the bodies arrive at their final resting place. That has been the policy since 1991, through the gulf war and through operations of our two conflicts in Afghanistan and Iraq. I urge that it remain that way and not open up, as the Lautenberg amendment directs, the Secretary of Defense shall develop a protocol that permits the media to attend the bodies as they arrive in the United States. I yield the floor.

Mr. WARNER. Mr. President, we are awaiting, and there is diligence on the other side in every respect, either the amendment of Senator Dayton or the amendment from Senator Bingaman. We have given them our second degrees in each case, which are now being studied. Until such time as one of the managers on the other side or these Senators appear, I suggest the absence of a quorum.

Mr. WARNER. Mr. President, I send an amendment to the desk.

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

Mr. WARNER. Mr. President, I understand each Senator has 2 minutes; am I correct?

Mr. WARNER. I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 3291, As Modified

Mr. WARNER

Mr. WARNER. I thank my leader. With respect to the first issue raised by the distinguished Senator from Nevada about the Lautenberg measure, I did not mean in any sense to be negative about his approach. Frankly, it is a bipartisan issue, in my judgment. There will be Senators on both sides who will perhaps look at this amendment, which I believe is an important one in terms of the very critical subject before us today--that is, how this Nation best respects those who lose their lives in the combat operations in far lands today, primarily Afghanistan and Iraq. It is a serious amendment. There will be, I think, some support on both sides for my proposition and perhaps as well for the position of my distinguished friend from New Jersey, Senator Lautenberg. But I wish to raise the subject of sequential votes in the case of second degrees. Each one should be looked at individually rather than just establishing an ironclad policy that we will proceed to have sequential votes every time there are second-degree amendments.

Mr. WARNER. So we could get started on that.

Mr. WARNER. That is one option. I am not certain as to the time of the arrival of the Senator from Utah, Mr. Hatch. But there again I don't have the knowledge. It is a matter unrelated to the Defense bill. As you know, it relates to dietary supplements. I understand my committee chairman, Senator Gregg, has some views on it. I expect we could begin to engage in some debate on that prior to the arrival of Senator Hatch.

Mr. WARNER. Mr. President, if I could reply, first, I think the distinguished Senator from Nevada has been extremely helpful and is continuing to be that way. Let me point out that we are prepared to take up each and every one of those amendments that he just mentioned right now. In the case of Senator McCain, it could be that I could present on his behalf the second degree, we could engage in part of that debate on Dayton, and upon the arrival of Senator McCain, I am sure he could move right in and conclude the debate.

Mr. WARNER. Fine. Mr. President, if I heard the distinguished leader properly, the word was ``closure'' tomorrow night, not ``cloture''? I want to make sure of that.

Mr. WARNER. Mr. President, I talked to Senator Lautenberg this morning. He made that request to me. I say this with all due respect. I second-degreed that amendment. The second degree, of course, would be in order for the first vote. I just wonder. I am perfectly prepared to say yes, but if we begin to sequentially vote every second degree and underlying, we are going to be here for some period of time. Could some evaluation be made by the distinguished Senator from Nevada, after the vote on the second degree, as to whether in fact it merits the time of the Senate to go forward with the second vote?

Mr. WARNER. I did not hear the Senator.

Mr. WARNER. As we have been doing.