president, time has been set aside for the heather higginbottom nomination. i had not intended to speak on that tonight but it's been suggested we might get started on that. i'll share my remarks tonight for the record, and hopefully we can have a good discussion of it further tomorrow. the constitution makes it very clear that it is the president who nominates, that confirmation does not occur, however, without the consent of the senate. in federalist 76 alexander hamilton wrote quo tkwoe what purpose then to require the cooperation of the senate? i answer that the necessity of their concurrence would have a powerful though in general silent operation, it would be an excellent check up on a spirit of favoritism in the president and would tend greatly to prevent the appointment of unfit characters from prejudice, from family connection, from personal attachment or from a view to popularity." close quotes. in other words, the senate does have a duty to evaluate the president's nominees. unfortunately, the situation we pace today with the nomination the heather

the first will be on the confirmation of heather higginbottom to be deputy director of the office ofmanagement and budget. the filing deadline for first-degree amendments to the substitute amendment and h.r. 2112 is 1:00 p.m. today. there will be another series of up to four roll call votes at approximately 2:00 p.m. in relation to additional amendments to the bill. further roll call votes are expected during today's session in order to complete action on the bill. we also hope to vote on the confirmation of the nomination of john bryson to be commerce secretary as well today. additionally, cloture was filed on the motions to proceed to s. 1723 and s. 1726, and if no agreement is reached, those cloture votes will occur on friday. a senator: mr. president. the presiding officer: under the previous order, the leadership time is reserved. under the previous order, the senate will resume consideration of h.r. 2112, which the clerk will report. the clerk: calendar number 155, h.r. 2112, an act making appropriations for agriculture, rural development, food and drug administration, and rela

heather a. higginbottom of the district of columbia to be deputy director of the office of management and budget. the presiding officer: under the previous order, there will be two minutes of debate equally divided and controlled in the usual form. mr. kerry: mr. president, i yield back my time. mr. president, i reserve my time then. i understand -- unless there -- ms. collins: mr. president? the presiding officer: the senator from maine is recognized. ms. collins: mr. president, i'm going to yield back the time on this -- no, i'm sorry. it looks like there is a request to use time on our side. so i would reserve the time that we have. mr. kerry: mr. president, it is my understanding, under the order, this is the time for the debate, is that correct? the presiding officer: the senator from massachusetts is correct. mr. kerry: so if time is not about to be used, it would be -- the presiding officer: the senator is correct. mr. kerry: so i suggest we yield it back mutually or somebody speaks. ms. collins: mr.