[Congressional Record (Bound Edition), Volume 153 (2007), Part 3]
[Senate]
[Pages 3470-3474]
[From the U.S. Government Publishing Office, www.gpo.gov]




   MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2007

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of H.J. Res. 20, which the clerk will 
report by title.
  The assistant legislative clerk read as follows:

       A joint resolution (H.J. Res. 20) making further continuing 
     appropriations for the fiscal year 2007, and for other 
     purposes.

  The PRESIDING OFFICER. The majority leader is recognized.


                           Amendment No. 237

  Mr. REID. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 237.

  Mr. REID. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of the resolution add the following:
       This division shall take effect 2 days after date of 
     enactment

  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.


                 Amendment No. 238 to Amendment No. 237

  Mr. REID. Mr. President, I send a second-degree amendment to the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 238 to amendment No. 237.

  Mr. REID. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       In the amendment strike 2 and insert 1


                            Motion To Commit

  Mr. REID. Mr. President, I have a motion to commit at the desk and 
ask the clerk to report that.
  The PRESIDING OFFICER. The clerk will report the motion.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] moves to commit the 
     joint resolution to the Appropriations Committee with 
     instructions to report back forthwith with the following 
     amendment numbered 239.

  Mr. REID. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

                           amendment no. 239

       At the end of the regulation add the following:
       This division shall take effect 5 days after date of 
     enactment.

  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.


                           Amendment No. 240

  Mr. REID. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 240 to the instructions of the motion to commit H.J. 
     Res. 20.

  Mr. REID. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       In the amendment strike 5 and insert 4.

  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                 Amendment No. 241 to Amendment No. 240

  Mr. REID. Mr. President, I send a second-degree amendment to the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 241 to amendment No. 240.

  The amendment is as follows:

       In the amendment strike 4 and insert 3.


                             cloture motion

  Mr. REID. Mr. President, I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby

[[Page 3471]]

     move to bring to a close the debate on Calendar No. 18, H.J. 
     Res. 20, Continuing Funding resolution.
         Robert C. Byrd, Sherrod Brown, Joe Lieberman, Pat Leahy, 
           Patty Murray, John Kerry, Barbara A. Mikulski, Dick 
           Durbin, Ken Salazar, Jack Reed, Tom Harkin, Dianne 
           Feinstein, H.R. Clinton, Mary Landrieu, Herb Kohl, Carl 
           Levin, Byron L. Dorgan, Ben Nelson.

  Mr. REID. Mr. President, the Republican leader and I have had many 
discussions about possible amendments to this important funding bill. 
The distinguished Republican leader has told me on several occasions it 
is very important that we arrange that there be amendments to this 
bill. I am doing my very best to try to work something out in that 
regard. I do not know how to say this again. He does not need to tell 
me again because he has told me so many times how important it is.
  This bill was put together with bipartisan cooperation. The chairmen, 
their staffs, and the subcommittees have worked very hard on getting us 
to where we are now. We are in an unusual situation because this 
legislation, which is truly bipartisan--as was the minimum wage bill, 
as was the ethics and lobbying reform bill--is many degrees--many 
degrees--more important than that because this legislation funds almost 
every element of our Federal Government for the remainder of the fiscal 
year. It has to be signed into law by Wednesday, a week from today. It 
has to be. This bill allows us to complete last Congress's work and 
permit the new leadership on both sides of the aisle to begin to 
address the tasks involved in putting together the fiscal year 2008 
appropriations bills.
  We are in the position we are in because we are in this position. It 
is not the first time. But I am confident, in my experience here, we 
have never had such bipartisan cooperation trying to work our way out 
of a difficult situation. It has not been easy. But we are where we 
are. I express my appreciation to Senator Byrd, his staff, Senator 
Cochran and his staff, and all their counterparts--the chairmen and 
ranking members--for helping us get to the point where we are. It is so 
important we do this so we can get on with the fiscal year 2008 
appropriations bills.
  As I said earlier today in congratulating Senator Cochran on his 
10,000th vote, we need to pass appropriations bills, not for the 
Republicans, not for the Democrats, not for the Senate, but for our 
country. We are going to do everything we can to do that. And I will 
continue to work with the distinguished Republican leader. I am sure I 
will hear from him in the next few days more than I want to on this 
subject. I am trying to work something out on the amendments, and I 
will do my best to try to work something out.
  Mr. President, I ask unanimous consent that following the opening 
statements of Senator Byrd and Senator Cochran, we go into morning 
business. Of course, that would also be after any remarks the 
distinguished Republican leader wants to make.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Republican leader is recognized.
  Mr. McCONNELL. Mr. President, I thank my good friend, the majority 
leader, for his observations about our discussions over the last few 
days about the possibility of consideration of some amendments on this 
side of the aisle. I have been presenting those amendments to the 
majority as we have collected them. There are a number of concerns 
Members on this side of the aisle have that they would prefer to see 
addressed through the amendment process, particularly given the 
magnitude of this bill. I appreciate the majority leader considering 
those requests and will continue to funnel those amendments over as we 
get them.
  Let me just say, by way of comparison, we have been here before. Four 
years ago last month, the Senate had just changed hands from the 
Democrats to the Republicans. Our good friends on the other side of the 
aisle, at that point, had also not passed 11 of the 13 appropriations 
bills. What the new Senate majority did in January of 2003 was to take 
up a collection of bills, typically referred to around here as Omnibus 
appropriations. Over 100 amendments were offered during the process of 
consideration of that collection of appropriations bills, after which 
they were passed. I had hoped that would have been the way we would 
have proceeded this year. There was precedent for it 4 years ago.
  Nevertheless, I understand the concern the majority leader has about 
completing this work before midnight a week from now, and I understand 
the other complications presented by trying to do a measure of this 
magnitude in such a short period of time. Nevertheless, we will be 
continuing our discussion, the majority leader and myself, about the 
possibility of offering amendments that Senators on our side of the 
aisle believe are important and would improve this massive bill, which 
would fund the Government from now until September 30 of this year.
  Mr. President, I yield the floor.
  Mr. REID. Mr. President, if I could make one final statement--I see 
the distinguished Senator from Texas on the floor--I have not only 
heard from her staff but a number of her colleagues. This is one of the 
amendments my staff is working on now to see if there is some way we 
can maybe allow the Senator to move forward. But I say to the Senator, 
I want you to know we are looking at it. I have had personal 
conversations with my office staff based on being directed that way by 
the Republican leader. So we are taking a look at this. I want you to 
know that. There are other people who have concerns, not just you, 
about base realignment closings. What is it called? BRAC, base 
realignment. OK.
  Mrs. HUTCHISON. Mr. President, if I could ask the majority leader if 
I could respond.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I so appreciate what you have just 
said. I do hope the door is still open. Originally, I had hoped we 
could do the military construction as well as the base-closing 
commission funding because the delays are going to have impacts 
throughout the military services. But the amendment I am hoping to 
offer, that I am told now you are considering--the Hutchison-Inhofe 
amendment--only does the BRAC funding. It only restores the funding for 
BRAC so that the 6-year time allotment this Congress itself has 
mandated for BRAC to be completed can, in fact, be done. If we delay 
the BRAC, it will have severe consequences on 12,000 troops coming home 
hopefully this year. And there are so many other things. I know some of 
the Members on your side of the aisle have talked to you about 
environmental remediation that will not be able to be done, and other 
things. So I so hope we can work this out so the House could approve it 
and we would not have to have a conference.
  I hope the majority leader will also consider, when we do go into the 
supplemental, looking at some of the MILCON that must be done before 
the 2008 budget starts for that year of funding. There are some 
prerequisites that are necessary. But I have set that aside in 
deference to the wishes of the majority to try to move a bill forward. 
But I do think the BRAC has been the single area where we have not been 
able to accommodate what needs to be done to move forward. And delays 
are very costly.
  I do thank you for making it a point to say that to me, and I think 
we certainly would have time. I would work with anyone on the 
Democratic side or House side to work out differences, if there are 
differences. All of these projects in the $3.1 billion we would like to 
put back in have been approved by Congress, approved by the Senate, and 
asked for by the Department of Defense.
  Mr. REID. I will be brief because I know the two managers of the bill 
need to speak. As the distinguished Senator from Texas knows, I have 
recognized the good work she and Senator Feinstein have done on the 
Military Construction Subcommittee. It has been exemplary. It speaks 
volumes about how the Senate has changed, that we had two women taking 
care of the billions of dollars needed every year for military 
construction. I know you know this issue.
  On the BRAC issue, I have spoken to Senator Byrd and his staff. That 
was

[[Page 3472]]

one of the big issues that was in the beginning of trying to get this 
CR to the point where it is. I personally have spoken to Chairman Obey 
about this issue. This is a problem. It is a problem that has been 
raised by Members of the House of Representatives and Senators. You 
have my assurance that we will continue to look at this amendment. I 
spoke to Chairman Obey, because he is getting a lot of talk on the 
other side. He said: If you don't work something out on this, you have 
my commitment that we will take care of this in the supplemental 
appropriations bill. We are weighing all the considerations we have in 
the most important phase of keeping our military safe, not only keeping 
them safe but doing what we promised them to do, not only them but 
their community which is depending on what we do here to make up for 
the bases we are closing.
  The PRESIDING OFFICER (Mrs. McCaskill). The Senator from West 
Virginia.
  Mr. BYRD. Madam President, I want to assure all Senators that the 
Appropriations Committee intends to address the $3.1 billion increase 
proposed in the Senator's amendment when the Senate takes up the $100 
billion supplemental that the President sent to the Congress this week. 
I have every expectation that the supplemental will be before the 
Senate next month.
  Today marks the 131st day of fiscal year 2007. We are debating H.J. 
Res. 20, a joint funding resolution for the nine remaining 
appropriations bills that were not completed during the 109th Congress. 
The Republican leadership, during the 109th Congress, left us with a 
great deal of unfinished business in the appropriations process. Only 2 
of the 11 appropriations bills were enacted into law. Thirteen of the 
fifteen Federal departments--all but Defense and Homeland Security--are 
limping along through February 15 under a very restrictive continuing 
resolution.
  This is not the fault of the Appropriations Committee. Under the very 
able leadership of Chairman Thad Cochran, all of the fiscal year 2007 
appropriations bills were reported from the committee by July 20. All 
of the bills were bipartisan bills, with all but one of the bills 
approved, 28 to nothing, in committee. Unfortunately, the Republican 
leadership chose not to bring domestic appropriations bills to the 
floor before the election and then chose not to finish those bills 
after the election. Instead, Congress passed three very restrictive 
continuing resolutions.
  These resolutions, if simply extended, would leave huge problems for 
veterans and military medical care, education programs, law enforcement 
programs, funding for global AIDS, for energy independence, and for 
agencies that provide key services to the elderly, such as the Social 
Security Administration and the 1-800-MEDICARE call centers.
  In December, I sat down with my friend, Senator Reid, and the new 
House Appropriations chairman, Dave Obey, to plot a course for dealing 
with this problem. We charted a course for developing a bipartisan and 
bicameral funding resolution that the House and Senate could pass 
quickly. During January, there were intense negotiations, which 
included the majority and the minority in the House and Senate. I 
consulted with Senator Thad Cochran several times during that process, 
and his ranking members and their staffs were included throughout the 
process. The resolution that passed the House last week and is now 
before the Senate is the product of those efforts.
  The resolution, which totals $463.5 billion and provides funding for 
the nine appropriations bills that were not completed during the 109th 
Congress, meets several goals. Namely, first, funding stays within the 
$872.8 billion statutory cap on spending, the cap which was set during 
the 109th Congress and which equals the President's request. Second, 
the legislation does not include earmarks--hear me--the legislation 
does not include earmarks. The Appropriations Committee took the lead 
in confronting the earmarks issue. We eliminated over 9,300 earmarks. 
We will have a temporary moratorium on earmarks until Congress passes 
the ethics reform bill. Hopefully, that bill will establish greater 
transparency and accountability in the earmarking process. Once the 
ethics reform bill is in place with its added transparency, we will 
establish a more open, more disciplined, and more accountable process 
for congressional directives in the fiscal year 2008 bills.
  Third, there is no emergency spending in this resolution.
  Fourth, for most agencies, funding is set at the fiscal year 2006 
level. This formula replaces the current restrictive formula which was 
based on the lower of the fiscal year 2006 or the unsustainable House-
passed level.
  Finally, the essential national priorities receive a boost in the 
legislation. To help pay for these essential national priorities, we 
cut over $11 billion from 125 different accounts and we froze spending 
at the 2006 level for 450 accounts.
  While we decided to include a continuing resolution formula for 
funding most agencies, it was essential that we, on a bipartisan basis, 
make choices to deal with the many problems that would result from 
simply extending the current continuing resolution.
  As noted in the White House Statement of Administration Policy, many 
of these increases also reflect administration priorities. For example, 
for veterans medical care, we included $32.3 billion, an increase of 
$3.6 billion over the fiscal year 2006 level, so that the VA can 
continue to meet the growing demand for health care for our veterans. 
For defense health initiatives, we included $21.2 billion, an increase 
of $1.2 billion over fiscal year 2006, to provide care for military 
members and their families, including treating servicemembers wounded 
in action in Iraq and Afghanistan. Consistent with the fiscal year 2007 
Defense Authorization Act, the President's proposal to charge members 
of the military $735 million for their health care is rejected.
  For the Labor, HHS, and Education bill, funding is increased by $2.3 
billion, $7 billion above the President's request. Title I grants for 
our schools are funded at $12.8 billion, an increase of $125 million 
over fiscal year 2006, which will provide approximately 38,000 
additional low-income children with intensive reading and math 
instruction. In addition, the legislation funds the title I school 
improvement fund at $125 million to target assistance to the 6,700 
schools that failed to meet the No Child Left Behind requirements in 
the 2005-2006 school year.
  For the first time in 4 years, Pell grants will expand thanks to the 
$13.6 billion included in this legislation, an increase of $615.4 
million over fiscal year 2006 that will increase the maximum Pell grant 
by $260 to $4,310.
  The National Institutes of Health are funded at $28.9 billion, an 
increase of $620 million over fiscal year 2006, for research to cure 
debilitating and often deadly diseases. Community health centers would 
receive $1.9 billion, an increase of $207 million, to finance more than 
300 new or expanded health centers.
  Three hundred million is included for the Federal Mine Safety and 
Health Administration, MSHA, an increase of $23 million over fiscal 
year 2006 and $13 million more than the request, to allow the agency to 
continue its national efforts to hire and train new mine safety 
inspectors for safety in the Nation's 2,000 coal mines.
  The legislation increases funding for Federal, State, and local law 
enforcement by $1.6 billion. According to the FBI, last year violent 
crime rose in America for the first time in 15 years. In response, this 
legislation directs $6 billion to the FBI, an increase of $200 million 
over fiscal year 2006, to ensure that the FBI not only retains all of 
its special agents but also completes the effort to double the number 
of intelligence analysts hired since September 11, 2001. Other law 
enforcement programs receiving support include State and local law 
enforcement grants, the Judiciary, Treasury antiterrorism efforts, and 
other crime prevention programs.
  Under the continuing resolution now in law, highway funding is frozen 
at the 2006 level. Under this joint funding resolution, the Federal aid 
highway program is fully funded at the level guaranteed in the 2005 
Safe, Accountable, Flexible, Efficient Transportation

[[Page 3473]]

Equity Act by providing an obligation limitation of $39.1 billion for 
fiscal year 2007, $3.5 billion over the fiscal year 2006 enacted level.
  The joint resolution includes $4.8 billion for Global AIDS and 
Malaria programs, an increase of $1.4 billion over fiscal year 2006.
  The Food and Drug Administration and the Food Safety and Inspection 
Service receive increases of $220 million over fiscal year 2006 in 
order to improve food and drug safety and to combat the threat of 
pandemic flu.
  We also include funds for technology and innovation. The Department 
of Energy, Office of Science receives an increase of $200 million over 
fiscal year 2006; the National Science Foundation receives an increase 
of $335 million, and the National Institute of Standards and Technology 
receives an increase of $50 million.
  In an effort to promote energy independence, Energy Efficiency and 
Renewable Energy programs will receive an increase of $300 million over 
fiscal year 2006.
  Finally, we also include $785 million to provide agencies with 50 
percent of the cost of the January 2007 pay raise in order to avoid 
RIFS and furloughs. The resolution will avoid the service delays for 
Social Security and the 1-800-Medicare call centers that would result 
from extending the current continuing resolution.
  This is not a perfect resolution--we don't claim that--but it is a 
thoughtful resolution. By complying with the statutory cap on spending, 
it is a fiscally disciplined resolution. By eliminating earmarks, it 
provides Congress with time to pass ethics reform legislation to 
increase transparency and accountability. By targeting resources toward 
national priorities, such as veterans and military medical care, we 
solve the most distressing of the problems created by the existing 
continuing resolution.
  On February 2, 2007--that was Groundhog Day, wasn't it--I received a 
letter from the Veterans of Foreign Wars, the Disabled American 
Veterans, the Paralyzed Veterans of America, and AMVETS, urging quick 
passage of this legislation.
  I ask unanimous consent that the letter be printed in the Record 
following my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. BYRD. Madam President, adoption of this joint resolution will 
ensure that we answer some of our Nation's most pressing needs and 
avoid a totally unnecessary Government shutdown. The last time each of 
the appropriations bills was signed into law by October 1, the 
beginning of the fiscal year, was 1994. I was the chairman of the 
Appropriations Committee that year. I am committed to working with my 
friend and colleague, Senator Thad Cochran, to bring 12 individual, 
bipartisan, and fiscally disciplined fiscal year 2008 appropriations 
bills to the floor this year.
  I urge swift adoption of the resolution. I thank all Senators.
  I yield the floor.

                               Exhibit 1

                         The Independent Budget


                   a budget for veterans by veterans

                                                 February 2, 2007.
     Hon. Robert C. Byrd,
     Chairman, Committee on Appropriations, U.S. Senate, 
         Washington, DC.
       Dear Senator Byrd: On behalf of the co-authors of The 
     Independent Budget--AMVETS, Disabled American Veterans, 
     Paralyzed Veterans of America, and Veterans of Foreign Wars--
     we urge you to quickly pass H.J. Res. 20, a bill making 
     continuing appropriations for FY 2007 for the federal 
     government, including the Department of Veterans Affairs. 
     Currently, the VA is operating at FY 2006 funding levels.
       The stop-gap budget bill, or continuing resolution, funding 
     much of the federal government for the current fiscal year, 
     includes a $3.6 billion increase for the Department of 
     Veterans Affairs while spending for many other agencies was 
     held at the 2006 level. Approving funding for the VA at 
     levels included in H.J. Res. 20 would show that the Senate 
     believes veterans are a national priority.
       Any attempt to retreat from the levels established in this 
     legislation will have a drastic impact on veterans' health 
     care and benefits services provided to the men and women who 
     have served and sacrificed so much for this country. Without 
     this critically needed funding, the VA will be forced to 
     place further freezes on hiring of critical staff. It will 
     also lead to additional canceled appointments and longer 
     waiting times. The VA will also be unable to address the 
     rapidly growing claims backlog.
       We hope that the Senate will show its support for the men 
     and women who have in the past and continue to place 
     themselves in harm's way. With these troops still in the 
     field, now is not the time to allow politics to get in the 
     way of doing what is right.
           Sincerely,
     David G. Greineder,
       National Legislative Director, AMVETS.
     Carl Blake,
       Acting National Legislative Director, Paralyzed Veterans of 
     America.
     Joseph A. Violante,
       National Legislative Director, Disabled American Veterans.
     Dennis Cullinan,
       National Legislative Director, Veterans of Foreign Wars of 
     the United States.

  The PRESIDING OFFICER. The Senator from Mississippi is recognized.
  Mr. COCHRAN. Madam President, first, I want to express my deepest 
appreciation for the compliments and recognition given to me for 
reaching the milestone of casting 10,000 votes in the Senate. I 
sincerely thank all of those who said such generous things about me and 
my service in this body.
  It is with decidedly mixed feelings that I join my distinguished 
friend from West Virginia, the chairman of our Committee on 
Appropriations, in calling up and discussing H.J. Res. 20, the 
continuing resolution. This is the fourth continuing resolution we will 
have considered in this fiscal cycle, but without question it is the 
most critical. It is critical because it provides more than $463 
billion to fund, for the remainder of this fiscal year, virtually all 
of the agencies and activities of the Federal Government outside the 
Departments of Defense and Homeland Security, as well as certain 
critical problems within the Department of Defense itself. It is a very 
important piece of legislation.
  Yet the way the legislation is constructed concerns me greatly. It is 
an odd hybrid between a continuing resolution and an Omnibus 
appropriations bill. Continuing resolutions are not a desirable means 
of funding the operations of Government over the long term or in the 
routine way of providing funding. They are useful in buying time until 
Congress can complete its work on individual appropriations bills, but 
they are blunt, formula-driven instruments.
  Omnibus appropriations bills, though certainly not without precedent, 
are far from an ideal means of funding our Government. Omnibus bills 
combine funding for too many programs into a single bill, and they are 
not conducive to careful deliberation. Combining these two structures--
a continuing resolution and an omnibus bill--is not the way the 
American people deserve Members of Congress to fulfill our 
constitutional obligations.
  We have a responsibility to fully debate and pass the individual 
spending bills, funding each department of Government as we have 
structured them, with close supervision of subcommittees who have 
become aware of individual needs and opportunities in each of these 
bills for the hearings process, and that is not the way this continuing 
resolution has been constructed. The Appropriations Committee has had 
hearings, we have had markups, we have listened to outside witnesses, 
and we have taken into consideration recommendations from the President 
and department officials about what should and should not be funded, 
and at what levels the funding should be. This is an open process--and 
this has been an open process--where anybody can observe and review any 
provision that is part of any bill. It is truly a public process.
  The process has helped us make good decisions historically about 
programs that deserve funding--careful decisions, identifying programs 
that are of lower priorities within the constraints of the budget 
resolution, decisions about which programs should be terminated and 
have served their usefulness.
  The Congress should consider these individual appropriations bills on 
their

[[Page 3474]]

individual merits in both the House and the Senate and on the floor of 
each body. Then conferences occur and we iron out differences between 
the House and Senate-passed bills in the regular order. That gives all 
Members--not just those on the committee--the opportunity to offer 
amendments, to reduce or increase spending funded in the bills. Members 
have the opportunity to offer amendments to remove, or add, or revise 
language that shapes agency policies. We should not shy away from these 
debates and these amendments.
  I am concerned that the continuing resolution before us is deficient 
because we did not follow that process. The continuing resolution 
required a great number of difficult decisions, including the 
elimination of some important projects and programs. Programs that 
provide flood control and natural resources conservation, grants to 
schools and health clinics and fire departments have been eliminated. 
The funding levels for various Federal scientific research institutions 
and programs are below levels proposed by the President. The funding 
levels for programs, such as defense base closure and realignment, 
which has been pointed out, may compel us to consider future 
supplemental funding requests. In some cases, reductions proposed by 
the President, or by the House or Senate, have not been adopted.
  I understand the circumstances that led us to this point. The House 
of Representatives last year passed all but one of the appropriations 
bills before the end of June. In the Senate, the Committee on 
Appropriations completed action and reported all of the appropriations 
bills before the end of July. Those bills were available to be called 
up and considered by the Senate in the regular order at that time. It 
would have been the earliest that had occurred in a very long time. But 
after that, the process broke down. Most of the bills were not called 
up for consideration in the Senate. We did pass the bill for the 
Departments of Defense and Homeland Security, and Military Construction 
and the Veterans Affairs appropriations bill was approved in November. 
But for reasons that have not been explained to this date, that bill 
did not proceed to conference with the House. Congress eventually 
adjourned and the new leadership in the 110th Congress was created with 
a range of unattractive options.
  My preference would still have been to consider individual 
appropriations bills and send them to conference, but that was not my 
decision to make. I hope to work with the majority to make sure we 
don't face this situation again.
  The chairman, Mr. Byrd, my dear friend, is correct when he says there 
were extensive bipartisan consultations in the drafting of this 
legislation. That was important. I appreciate his efforts to seek our 
input, all members of the committee; but no Senator--certainly not this 
Senator--can speak for the entire Senate. There is little doubt in my 
mind that if individual appropriations bills had been considered by the 
Senate and sent to conference in either this Congress or the last, many 
of the individual decisions would be different from those provided in 
this continuing resolution.
  Having said that, this resolution does conform to the discretionary 
allocation of $873 billion approved by the previous Congress. It funds 
many important programs and department activities at the fiscal year 
2006 levels, and it increases other priority programs beyond fiscal 
year 2006 funding levels. Judged by any reasonable standard, it is 
devoid of earmarks, as the distinguished chairman has pointed out.
  I wish the Congress had completed floor action on the individual 
bills, but we did not. This continuing resolution appears to me to be 
the best option to meet our obligation to fund Government programs and 
services. It is a 137-page piece of legislation that Senators should be 
able to amend. This is not the same as a conference report. It is the 
first time these bills have come before the Senate. So I urge the 
Senate to restore regular order to the fiscal year 2008 budget process 
so we can avoid this type of situation in the future. I know that is 
the goal of my friend from West Virginia, and I pledge to him my best 
effort to help accomplish this goal.
  The PRESIDING OFFICER (Mr. Salazar). The Senator from West Virginia.
  Mr. BYRD. Mr. President, I thank the Senator for his views. I am 
absolutely committed to bringing 12 individual bipartisan and fiscally 
responsible fiscal year 2008 bills to the floor this year. However, for 
the nine remaining 2007 bills that we must have, we are now 131 days 
into the fiscal year. Over one-third of the fiscal year is gone, it is 
over, it is past.
  I very much appreciate the Senator and his colleagues for joining me 
in the bipartisan development of this bill, and I believe we must move 
forward.
  Again, I thank the Senator very much for his cooperation.
  I was about to suggest the absence of a quorum, but I yield the 
floor. I see the distinguished Senator seeking recognition.

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