Jeff Bingaman

Mr. BINGAMAN

Mr. BINGAMAN. I am glad to yield.

Mr. BINGAMAN. Mr. President, I thank the Senator for the clarification, but I do think the problem remains because this bill is far reaching because this bill covers quite a few Federal agencies and tries to lay out a blueprint for what we hope we will be able to provide by way of appropriations to these agencies in the future, whether it is the National Science Foundation, whether it is the Office of Science in the Department Energy, whether it is the Department of Education, Health and Human Services--there are various agencies that would obtain funding to carry out the purposes of this legislation if we are successful through the appropriations process. For us to be putting a provision in this authorizing bill saying you cannot bring an appropriations bill to the floor that contains anything we would define as a congressional earmark is unduly restricting the authority and the prerogatives of the Appropriations Committee in putting together legislation they think makes sense. I am well aware there are three sort of distinct hurdles that need to be surmounted in order for us to actually get funds to be spent on these good purposes that are outlined in this bill. One of those hurdles is the Budget Act. We need to be sure there is room in the Budget Act for the funding we are calling for in this legislation. We offered an amendment to do that. We got very good support here in the Senate. Senator Alexander and I offered that and I think that was a major step forward. The second hurdle, of course, is trying to authorize these programs so if the funds are appropriated for these purposes nobody can raise an objection that these are not authorized uses of the funds. Then the third and perhaps most difficult is, each year over the next several years, the period that is covered by the legislation--each year we are going to have to try to see that the funds are properly appropriated for these agencies to carry out the work as outlined in this bill. I think it would be foolhardy for us to be requiring that before you can bring a bill to the floor that contained funding related to this authorization bill, if it could be construed to fall under this definition of congressional earmark, you would have to have 60 votes to proceed to that appropriations bill. That would be an unprecedented procedure for us in the Senate and one that would be very wrongheaded. As I say, people involved in the appropriations process would probably see it that way as well. I yield the floor.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that at 2:17 p.m., the Senate proceed to vote on or in relation to amendment No. 929; that at 2:15 p.m., there be 2 minutes of debate equally divided between Senators Baucus and DeMint or their designees and that no amendment be in order to the amendment prior to the vote; that upon the conclusion of the vote, Senator Kennedy be recognized to speak on the bill; that following Senator Kennedy, Senator Coburn be recognized as provided for under the previous order.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I know Senator Baucus intended to be here. I don't see him right now. I know the Senator from South Carolina wishes to use his 1 minute. I am informed that Senator Baucus will support the amendment and is urging other Senators to do the same. I yield the floor.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that Senator Domenici be recognized for up to 15 minutes, that Senator Sanders would follow him for up to 20 minutes, and that Senator Ensign would follow him for up to 15 minutes.

Mr. BINGAMAN. Mr. President, I ask for regular order with respect to the DeMint amendment No. 928.

Mr. BINGAMAN. Mr. President, I ask to call up the Dodd-Shelby amendment No. 947. It is a second-degree amendment.

Mr. BINGAMAN. I ask unanimous consent the reading of the amendment be dispensed with.

Mr. BINGAMAN. Mr. President, I have a unanimous consent request here which I will propound at this point, that sets out a procedure for us to follow this evening. I ask unanimous consent that at 5:10 p.m. the Senate resume debate with respect to the Dodd-Shelby amendment, No. 947, and the DeMint amendment No. 928, with the time divided 5 minutes each for Senators Dodd and Shelby, and 10 minutes under the control of Senator DeMint, to be debated concurrently; that no amendments be in order to either amendment and that the Dodd amendment be modified to be a first-degree amendment; that upon the use or yielding back of time, the Senate proceed to vote in relation to the Dodd-Shelby amendment, as modified; that there be 2 minutes between the votes equally divided and controlled between Senators Dodd and DeMint or their designees, to be followed by a vote in relation to the DeMint amendment; that upon the use of that time, the Senate, without further intervening action or debate, vote in relation to the DeMint amendment; that upon disposition of the DeMint amendment, the Senate resume the Coburn amendment No. 917, and that the previous order with respect to the debate time prior to the vote be in order, with the time equally divided and controlled between Senators Bingaman and Coburn or their designees; and without further debate the Senate proceed to vote in relation to the Coburn amendment No. 917; that no amendment be in order to the Coburn amendment; that upon disposition of these amendments it be in order to call up the Sununu amendment No. 938 and the Sanders amendment No. 936, and the Senate then return to the regular order of amendments.

Mr. BINGAMAN. Mr. President, I yield the floor.

Mr. BINGAMAN. Mr. President, I did not realize that the time was reserved between now and 5:10. Is it reserved? My impression was that the floor was open for Senators to speak or offer amendments.

Mr. BINGAMAN. Mr. President, could we clarify what the request is? I am sorry. I was not able to pay full attention.

Mr. BINGAMAN. Could we modify that request to provide that Senator Cornyn's intention is to offer and then withdraw an amendment?

Mr. BINGAMAN. Mr. President, I have no objection to the Senator from Texas being allotted 10 minutes and then the other Senator from Texas, Mr. Cornyn, going ahead with his comments and the offering and withdrawal of an amendment.

Mr. BINGAMAN. Mr. President, let me also commend the Senator from Texas and thank him for his support for the underlying legislation. I do think the substance of what he is trying to get accomplished with regard to the immigration laws of the country--I very much support trying to facilitate allowing people who get an education here to stay here and use those talents and skills and knowledge they have acquired to benefit our country. So we need to work on that. I think the appropriate place to do that is as part of the debate we will do on immigration, which is coming up. The majority leader has indicated he plans to get to that issue in May, so I think, clearly, that is coming up very soon. But I commend the Senator from Texas for his willingness to withdraw his amendment at this time.

Mr. BINGAMAN. Mr. President, I suggest the absence of a quorum.

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

Mr. BINGAMAN. Mr. President, I send a modification to amendment No. 908 to the desk.

Mr. BINGAMAN. Mr. President, I ask that we proceed to act on this modified amendment at this point. This is the managers' package from the Energy Committee, and it clarifies several points that are of a technical nature. I ask unanimous consent that the amendment, as modified, be agreed to.

Mr. BINGAMAN. Mr. President, I also call up amendment No. 940.

Mr. BINGAMAN. Mr. President, again, this is a managers' package from the HELP Committee. Senator Kennedy and Senator Enzi are cosponsoring this. I would urge that the Senate agree to this amendment at this time.

Mr. BINGAMAN. Mr. President, I yield the floor. I know Senator Dodd and Senator Shelby are here ready to speak, and Senator DeMint as well, with regard to their respective amendments. Amendments Nos. 947 and 928

Mr. BINGAMAN. Mr. President, I believe Senator Dodd has 5 minutes, Senator Shelby has 5 minutes, and Senator DeMint has 10 minutes under the order.

Mr. BINGAMAN. Mr. President, regarding the amendment we are about to vote on, we voted on essentially the same amendment last Wednesday as an amendment to the Court Security Improvement Act. The amendment provides that any new program or initiative that is contained in legislation be offset. The point that defeated the amendment last week is still valid; that is, we should not be required to offset authorizing legislation. This is authorizing legislation. There is no spending in this bill. This does not appropriate funds. Mr. President, on behalf of myself and my colleague, Senator Domenici, I will be moving to table the amendment after he completes his statement. I yield the remainder of my time to Senator Domenici.

Mr. BINGAMAN. Mr. President, I move to table the Coburn amendment and ask for the yeas and nays.