Emergency Supplemental Appropriations for Iraq and Afghanistan Security and Reconstruction Act, 2004

EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND AFGHANISTAN SECURITY AND RECONSTRUCTION ACT, 2004

AMENDMENT NO. 1873

The PRESIDING OFFICER. The Senator from Illinois.

Mr. DURBIN. I have an amendment which is on the list which has been announced, and I would like to send this amendment to the desk. I ask unanimous consent it be put in the appropriate place of the queue of amendments to be considered later on this day.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. STEVENS. Parliamentary inquiry.

Mr. DURBIN. I ask unanimous consent that the amendment be sent to the desk, be set aside, and be scheduled at an appropriate time as agreed to on both sides. I would like the remaining 5 minutes before the vote.

Mr. STEVENS. My parliamentary inquiry is, may I raise rule XVI at this point?
HIV/AIDS is not germane to this bill, either.

The PRESIDING OFFICER. The amendment has not yet been reported.

Mr. STEVENS. I do not object to receiving the request.

The PRESIDING OFFICER. Without objection, the clerk will report.

The assistant legislative clerk read as follows:

The Senator from Illinois [Mr. DURBIN], for himself and Mr. Leahy, Mr. Feingold, and Mr. Lautenberg, proposes an amendment numbered 1873.

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

The PRESIDING OFFICER. Without objection, it is so ordered.

The amendment is as follows:

(Purpose: To provide funds for the prevention, treatment, and control of, and research on HIV/AIDS)

Mr. STEVENS. Mr. President it is my understanding this is an amendment pertaining to HIV/AIDS, and I support all activities concerning that, but it is not germane to this bill.

The PRESIDING OFFICER. The Senator from Alaska raises a point of order under rule XVI.

Mr. DURBIN. Mr. President, may I address the point of order?

Mr. STEVENS. A point of order is not debatable.

The PRESIDING OFFICER. The Chair will entertain debate on the motion.

Mr. DURBIN. It is my understanding this $87 billion emergency appropriations requested by the administration includes foreign aid that is going to the nation of Iraq as well as Afghanistan. What I am suggesting is this item, some $800 million, in the nature of foreign aid be sent to fight the global AIDS epidemic. It would seem it is germane to the same issue before the Senate in the pending supplemental appropriations bill.

Mr. STEVENS. That would be earmarking this money for a matter that is not germane for this bill. It is true that money could be used for that purpose, but I do not believe amendments are in order to start earmarking this money for items that are not germane to the bill.

I am raising that it is legislation on the appropriations bill.

Mr. DURBIN. Parliamentary inquiry.

The PRESIDING OFFICER. The Senator from Illinois.

Mr. DURBIN. Could the Chair address the question of the defense of germaneness if we are not entertaining a bill first passed by the House.

The PRESIDING OFFICER. Restate the question.

Mr. DURBIN. Could the Chair inform me as to the defense of germaneness and whether it applies in this situation where we are not dealing with a bill already passed by the House and a question as to whether our amendment is germane to that House-passed bill?

The PRESIDING OFFICER. The defense of germaneness does not apply when the Senate is considering a Senate bill.

Mr. DURBIN. Is the Chair prepared to rule on the germaneness question raised by the Senator from Alaska?

The PRESIDING OFFICER. The Chair's understanding is the Senator from Alaska has challenged the amendment on the grounds that it is legislating on appropriations.

Mr. DURBIN. I am sorry, I thought—

The PRESIDING OFFICER. The Chair is prepared to rule.

Mr. DURBIN. Is that debatable?

The PRESIDING OFFICER. No, the ruling is not debatable.

The point of order is sustained. The Chair rules the amendment constitutes legislating on an appropriations bill. The amendment falls.