mr. dorgan: would the senator yield? ms. mccaskill: yes. mr. dorgan: the senator is not describing my position. i have not suggested carving out eemplets over not heard that this afternoon. mr. dorgan: well, you didn't hear that during the debate. mrs. mccaskill: i heard the senator from oklahoma wants to pass an amendment that would require competition from all the earmarks in the bill. i think that's a good idea. i think competing for all earmarks is a good idea. and i think it is not correct that the noncompetitive earmarks are all exotic research or any other kind of earmark that could lend itself to competition. i think there are many that could easily lend themselves to competition. and i just believe that once we get to competition, it is going to provide the transparency that the american people are aching for in this area of earmarking. mr. dorgan: would the senator yield again? mrs. mccaskill: yes. mr. dorgan: the discussion was not just about earmarks. if the senator is describing an amendment that only requires competition or compet

mrs. mccaskill, and the senator from florida, mr. martinez. all are in agreement that, with the resignation of judge kent, the purposes of the house's prosecution of the articles of impeachment against judge kent have been achieved. judge kent is no longer serving on the federal bench and he has ceased drawing his judiciary salary. it is agreed that no useful purpose would now be accomplished by proceeding further with the impeachment proceedings against judge kent. accordingly, i now move that the senate order that the articles of impeachment against former judge samuel b. kent be dismissed and that the secretary be directed to notify the house of representatives of this order. the presiding officer: the question is on the motion to dismiss the articles of impeachment. all those in favor respond by saying aye. all those opposed signify by saying no. the ayes appear to have it. the ayes do have it. the motion is agreed to. mr. reid: mr. president, i move to reconsider the vote by which the motion was agreed to. mr. mcconnell: i move to lay tha

mrs. mccaskill: i listened with interest to the questions and the conversation concerning senator feingold's amendment and i rise to strongly support this amendment. one of the fantasies around here, and i yield to the long experience of my two colleagues in fighting this battle on earmarks, is this fantasy that the money for earmarks is created out of nothing. that somehow the money for earmarks just lands on everyone's desks and no programs are hurt by the earmarking process. that no money is taken from worthy projects for earmarking. truth be known, i can give example after example in the budget that over the years, good competitive programs have been cut while earmarking has skyrocketed. the burn grants are a good example. they are a competitive process in every state to compete for law enforcement dollars based on need. decided at the local basis. what has happened to the funding for burn grants? it's dwindled and in the very same budget, earmarks have steadily and continually grown over the last decade. this is a perfect example of robbing peter to pay paul. this amendment will say, yo

udall of colorado, bingaman, casey, ewe call of new mexico, nelson of florida, dorgan, mccaskill, and gillibrand. mr. reid: i ask unanimous consent that the mandatory quorum be waived. the presiding officer: without objection. mr. reid: i now ask consent that on monday, july 13th, at 4:30 p.m. the senate proceed to executive session and at that time there be an hour of debate prior to the vote on the motion to invoke cloture on the nomination. that the time divided as follows, 5 minutes each for -- 15 minutes each for collins, shelby and vitter, 15 minutes equally divided between senators lieberman and carper. at 5:30 the senate vote on the motion to invoke cloture. then the senate vote on confirmation of the nomination. upon confirmation of the nomination be -- the confirmation be laid on the table and the president notified of senate's action and the senate resume legislative session. the presiding officer: without objection. mr. reid: are we in morning business? the presiding officer: we are not in morning business. mr. reid: i ask unanimous consent that we now proceed to a period of morning busi

nebraska, bayh, webb, mccaskill, routele, hagan, begich, burris, mccain, inhofe, sessions, graham, thune, wicker, burr, vitter, and collins. the presiding officer: the senator from michigan. mr. levin: mr. president, i wondered -- i wonder if the senator from new york mighting recognized for a brief call we can with me -- colloquy with me. the presiding officer: without objection. a senator: mr. president? the presiding officer: the senator from new york. a senator: it has passed in the house, it is about the issue of autism. mrs. gillibrand: we have a significant issue with autism. it affects one in every 150 american children, one in every 90 boys. a new case of autism is diagnosed one in every 20 minutes making it the fastest growing serious developmental condition in the united states. and if this continues the autism could reach four million americans in the next 10 years. in the military autism is even more prevalent. there are currently over 13,000 children with active duty service member with autism, representing about 1% of the nation's total population. military families understand all too well the financial impact and emotional burden of this disorder. despite thi