John Warner

Mr. WARNER

Mr. WARNER. Mr. President, I have personally observed the Senator from Iowa and the Senator from Kentucky for years, and finally they have brought it to fruition. We are ready momentarily to act and accept the amendment.

Mr. WARNER. I will address the Senate with regard to a unanimous consent which has been crafted carefully on both sides of the aisle. I ask unanimous consent that Senator Graham now be recognized to call up his amendment No. 3428, and that it be further modified with the changes at the desk. I further ask consent that there be 15 minutes for debate equally divided on the amendment, and that following that time the amendment be agreed to and the motion to reconsider be laid upon the table. If further ask that following disposition of the Graham amendment, Leahy amendment No. 3292 be the pending question, and that I be recognized to send up a second-degree amendment, No. 3452.

Mr. WARNER. Madam President, the UC request is still under consideration. Very clear and forthright efforts are going forward on both sides. But in order to proceed on the bill, I ask unanimous consent that we turn to the Senator from Illinois, who will speak for a few minutes, and then it is my understanding a voice vote will be acceptable on his amendment. Following the adoption of that amendment, we will turn to the distinguished Senator from Kentucky for the McConnell-Bunning amendment.

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 Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. WARNER. Mr. President, I will suggest the absence of a quorum. I wish to advise Senators we are making progress. We are working out a UC request right now, and I hope to resume the bill very shortly. I suggest the absence of a quorum.

Mr. WARNER. Mr. President, I thank the Senator for his hard work. Amendment No. 3452 To Amendment No. 3292 Mr. President, I believe the Senate is ready to turn its attention to the amendment from the distinguished Senator from Vermont. Am I correct in that?

Mr. WARNER. Yes.

Mr. WARNER. I would say in response to that, we have likewise successfully reduced and I think have only one left on our side compared to what you may have before you.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. WARNER. I was hoping I could yield to the Senator from Alabama for a question or observation.

Mr. WARNER. I move to reconsider the vote.

Mr. WARNER. I move to reconsider the vote.

Mr. WARNER. Mr. President, I simply say, this is not a vote or debate on a partisan issue. We both feel this issue has to be corrected. I simply plead for reasonable time within which to do it, hopefully, to give greater security to our fighting men and women. Mr. President, I move to table the amendment.

Mr. WARNER. I further inquire of the Chair, at the conclusion of the vote on the Dodd amendment, the Senator from Virginia is to be recognized for the purpose of laying down an amendment; am I not correct?

Mr. WARNER. Mr. President, my colleague has challenged me on the underlying statute that I include in my amendment. I draw his attention to the title 18, section 1001. That statute was put on in 1948. Now, the second statute I utilize is 1031, which was adopted in 1988. So the first was in 1948; the next was in 1988. I question my friend, who challenged me that they were just adopted, it seems to me that both of these Federal laws have been on the books for a sufficient time to have been examined by the courts and others.

Mr. WARNER. Mr. President, I wonder if the Senator could point to the Record in which the Senate--in the course of the deliberation on the Appropriations bill in which his amendment is included--debated that.

Mr. WARNER. Mr. President, I will reply to that. My criminal penalty is under existing statutes, which were carefully debated by the Congress and have been on the lawbooks for a number of years. I will soon address the Senate as to how long these statutes have been in place. That is the basic difference. My statutes don't have in it ``materially overvalues any good or service.'' I say to my good friend, that is too vague on which to send someone, as we used to say, as an old prosecutor, ``up the river.'' I don't care whether it is 20 or 30 years. I don't know how the burden of proof of ``materially overvalues'' is reached. You are asking for a criminal penalty predicated on that phrase.

Mr. WARNER. Yes, of course, Mr. President.

Mr. WARNER. Absolutely, Mr. President.

Mr. WARNER. If the Democratic whip wishes to address the Senate, I am more than happy to allow that.

Mr. WARNER

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday, June 16, 2004, at 11 a.m., to hear testimony on Strengthening Regulations and Oversight to Better Ensure Agriculture Financing Integrity.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, June 16, 2004 at 2 p.m. to hold a Nominations Hearing.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on June 16, 2004, at 9:30 a.m. on The VOIP Regulatory Freedom Act.

Mr. WARNER. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate, on Wednesday, June 16 at 11:30 a.m. to consider pending calendar business. Agenda Agenda Item 1: Nomination of Suedeen G. Kelly to be a Member of the Federal Energy Regulatory Commission. Agenda Item 2: S. 155--A bill to convey to the town of Frannie, Wyoming, certain land withdrawn by the Commissioner of Reclamation. Agenda Item 3: S. 180--A bill to establish the National Aviation Heritage Area, and for other purposes. Agenda Item 5: S. 211--A bill to establish the Northern Rio Grande National Heritage Area in the State of New Mexico, and for other purposes. Agenda Item 6: S. 323--A bill to establish the Atchafalaya National Heritage Area, Louisiana. Agenda Item 10: S. 1241--A bill to establish the Kate Mullany National Historic Site in the State of New York, and for other purposes. Agenda Item 14: S. 1467--A bill to establish the Rio Grande Outstanding Natural Area in the State of Colorado, and for other purposes. Agenda Item 15: S. 1521--A bill to direct the Secretary of the Interior to convey certain land to the Edward H. McDaniel American Legion Post No. 22 in Pahrump, Nevada, for the construction of a post building and memorial park for use by the American Legion, other veterans' groups, and the local community. Agenda Item 17: S. 1727--A bill to authorize additional appropriations for the Reclamation Safety of Dams Act of 1978. Agenda Item 18: S. 1957--A bill to authorize the Secretary of the Interior to cooperate with the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, and for other purposes. Agenda Item 19: S. 2046--A bill to authorize the exchange of certain land in Everglades National Park. Agenda Item 22: S. 2180--A bill to direct the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado. Agenda Item 23: S. 2243--A bill to extend the deadline for commencement of construction of a hydroelectric project in the State of Alaska. Agenda Item 24: S. 2319--A bill to authorize and facilitate hydroelectric power licensing of the Tapoco Project. Agenda Item 29: H.R. 1648--To authorize the Secretary of the Interior to convey certain water distribution systems of the Cachuma Project, California, to the Carpinteria Valley Water District and the Montecito Water District. Agenda Item 30: H.R. 1658--To amend the Railroad Right-of-Way Conveyance Validation Act to validate additional conveyances of certain lands in the State of California that form part of the right-of-way granted by the United States to facilitate the construction of the transcontinental railway, and for other purposes. Agenda Item 31: H.R. 1732--To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Williamson County, Texas, Water Recycling and Reuse Project, and for other purposes. Agenda Item 32: H.R. 3209--To amend the Reclamation Project Authorization Act of 1972 to clarify the acreage for which the North Loup division is authorized to provide irrigation water under the Missouri River Basin project. In addition, the Committee may turn to any other measures that are ready for consideration.

Mr. WARNER

Mr. WARNER. Mr. President, I ask the Presiding Officer to advise the Senate with regard to the standing order.