It does not have to. She doesn't have the discretion not to spend it. They are directed to perform these activities. The reality is that when it says "shall" in the amendment, it means there is no discretion involved. In fact, $1 million goes to Atlanta, GA, is exactly what this amendment means. The Senator from Georgia knows very well that I have for 11 years opposed this kind of earmarking, and I intend to oppose it now. But let us not have the Senate be deceived by what the Senator from Georgia just said. The discretion of the Secretary is not the case. There is no discretion when the amendment says "shall." If the Senator from Georgia would be willing to change that word to "may," then I would be more than happy not only to agree with the amendment but support it. The fact is that now it means that $1 million to fund ongoing research to detect E. coli, or prevent E. coli in live cattle only goes to one place and that happens to be, by coincidence, in Atlanta, GA, which is something I strongly object to. If this kind of practice goes on and continues, we will see the unbridled earmarking of funds for specific projects in specific places, which the American people rejected in concept. There is an authorization process and there is an appropriations process. This meets neither one of those criteria.
Paul Coverdell: “It does not have to. She doesn't have the discretion not to spend it. They are directed to perform these activities. The…”
Editor's note · Context
Debating earmarking in a proposed amendment related to funding for E. coli research.
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