August 2, 2006: Amendments on FY 2007 Defense Spending

Recap: Today in the Senate, the Senate convened at 9:30 a.m. e.d.t. and resumed consideration of H.R.5631, the Department of Defense FY2006 Appropriations bill.  This bill styles itself as, "Making appropriations for the Department of Defense for the fiscal year ending September 30, 2007, and for other purposes."  Also in the minds of Senators were two other measures which the Senate majority hopes to pass before Friday, a.k.a. commencement of the Summer Recess.  These are: first, a bill including BOTH an estate tax reduction for the years of 2012 to 2021 AND an increase of the minimum wage by $2.10; second, a pensions bill.  The Democrats are opposed to the estate tax/min wage bill but in favor of the pensions bill.  Senate Majority Leader Bill Frist (TN) has indicated that the Senate will not get to the pensions bill until it decides the fate of the estate tax/min wage bill.  Frist stated at the close of today's business that a cloture vote on the estate tax bill is scheduled for some time Friday morning.

The Senate has not yet voted on the entire Defense Bill.  The Senate voted today on several amendments to the Defense Spending Bill today.  They passed a Sessions amendment enhancing border security; passed a Dodd amendment updating military machinery; tabled a Durbin amendment to fund brain trauma research at the U. of Chicago; and passed without vote a package of other amendments with the blessing of Subcommittee Chairman Stevens and Ranking Member Inouye.  


Here's how today's action went down in real time...

[10:28 edt]
The quote of the morning comes from Sen. Kit Bond (MO) who said, "There's nothing like an orange jumpsuit on a deliberate leaker to help discourage others from going down that path."  He was talking about leaks he views as burdening the country's ability to fight the War on Terror.

[10:30]

Sen. Jeff Sessions (AL) dittos Sen. Bond.  We need to be more serious about protecting classified information in this government, he says.  It sounds like the Senators are adding amendments to the Defense Spending Bill.  Sen. Sessions has added an amendment.  This Amendment, No. 4775, will provide $1,829,100,000 for the Army National Guard for the construction of 370 miles of triple-layered fencing, and 461 miles of vehicle barriers along the southwest border.

OK, the Defense spending bill is $467b, compared to this year's $439b.  The President requested $463b.  This includes $50b for Iraq & Afghanistan.

[11:00]

Sen. Jon Kyl (AZ) is talking about the Sessions amendment—it directs funding to the National Guard so that they can erect fencing along certain sections of the border with Mexico.  He is talking about coyotes, cartels, and gangs using weapons along the border, using weapons and vehicles to fortify their presence on the border and insure that they can bring their contraband across the border.  The Sessions amendment funding also goes toward sensors, lights, cameras...a mechanism that will support vehicular border patrols.  Kyl says that these border enhancements are part of a Dept. of Homeland Security recommendation; they are authorized by prior legislation but not funded adequately.  This Sessions amendment would provide adequate funding.

[11:14]

Sen. Minority Leader Harry Reid (NV) is offering an amendment to the Defense Spending Bill that attaches the "Tax Extenders" currently included on the estate tax/min wage bill (which the Democrats do not want to pass as is).  So Reid is saying, We want to pass these extenders but we want to vote for them without also voting in favor of the estate tax reduction.  The "extenders" are tax provisions that will expire if they are not extended.  These include: tax credit for research and development, deduction for college tuition (up to $4k), capital gains rates for timber, etc.  These provisions affect everyone, he says.  The estate tax reductions will benefit 8,100 people, he says.  Reid's amendment also includes a deduction for state and local sales tax; a deduction for teachers who spend money on classroom supplies.  But Senator Frist says no, says Reid.  People say the House isn't in session, he says.  The House is still in session, he says.  They can't adjourn unless we give them permission (it's true, read the Constitution!)  Budget-busting tax breaks for the wealthiest of the wealthy in our country, he says.

Now, Assistant Minority Leader Richard Durbin (IL) cuts in.  Why does he do this?  He is taking away from Reid by entering these colloquies with him.  Compared to Reid, Durbin is sandpaper.

Sen. Ted Stevens (AK) makes a point of order that the Reid Amendment violates Senate Rule 16.  The point of order is sustained and the amendment falls!  [This happened because the amendment is not germane; it cannot be attached to the Defense Spending Bill without getting 60 votes, which would not happen.]

Now, Sen. Debbie Stabenow (MI) says that what has just happened is a shame.  She echoes Sen. Mikulski's appraisal of the pensions bill: it is being held up in an effort of political maneuvering.  The estate tax provisions don't even extend until 2010! she says.  And we're holding up the pensions bill to take care of estate tax provisions now?

[14:43]

The Sessions Amendment, funding the erection of a wall along some parts of the border and otherwise funding programs to beef up border security passed easily, by the vote of 94 to 3.  Only Feingold, Hagel, and Jeffords voted against it.

Now, Sen. Durbin has proposed an amendment to grant $2m to the University of Chicago to continue or extend research into Traumatic Brain Injuries suffered by troops in military action.  Sen. Stevens, the Chairman of the Defense Appropriations Subcommittee says that no doubt it's good work but that the U. of Chicago should compete equally with other institutions to win grants from the National Institutes of Health for research monies.  He characterized the amendment as basically giving the U. of Chicago $2m.  He characterized it as an earmark and said everyone wants to offer similar earmarks but that we can't allow it to go on.

Sen. Durbin retorts that Traumatic Brain Injury has become the signature injury of this war.  Now him and Stevens are debating.  Stevens has an aide at his side and she hands him papers and whispers to him from time to time.  Stevens had said that if we spend $2m on this it will take money away from military readiness but Durbin disputes this.  The U. of Chicago is one of the premier institutes when it comes to this kind of technology, he says.  Durbin says, Yeah, it's an earmark.  I admit it.  I'm not doing it under the cover of night.  Is it so hard to come up with $2m for research on epilectic seizures when so many of our troops are returning with this problem?  

Durbin now asks for permission to modify and he has another amendment he has just sent to the desk.  He says it takes $2m from his and Sen. Obama's projects already in the bill.  We would take the money from "our own projects," he says, and can't fathom why Stevens should should have any argument against it.  It doesn't take away from military readiness, Durbin says.  

Apparently, they already had this argument in Committee and Stevens says Durbin wouldn't take "No" for an answer.  Stevens says funding for Health is not part of this subcommittee's purview.  He admits, he made a mistake several years ago by including research for breast cancer in a defense spending bill.  Don't tell me I'm objecting to brain research, Stevens says, I've been a victim of brain injury [He was in a bad learjet accident in 1978, which killed his wife and five others...]

Durbin eventually quits his argument, saying he does not want to belabor the point.

[15:00]

Now Sen. Ken Salazar (CO) is paying tribute to Sens. Inouye and Stevens.  
He offered an amendment, which passed without a roll-call vote.

[15:42]

Senator Byron Dorgan (ND) must be tasked with exposing largesse and waste in the country's Iraq-related spending.  He is talking about waste plaguing no-bid contracts in Iraq.  He lists contracting firms and their failures.  Halliburton, Custer Battles.  Contaminated water, security at the Baghdad Airport.  He is making virtually the same presentation today as he did last week.  We need to take a hard look at what's happening, he says.  How is the money we're appropriating being spent?  We have not lived up to our oversight responsibility, he says.  He has an amendment but says he knows it's not germane and would not survive a point of order.  It would crack down on war profiteers.  He wants it to be considered.  Current amendment set aside so this one can be considered.  

But here's Senator Stevens.  He is appalled by some of the information that Sen. Dorgan has brought before us.  I support such an effort, he says, and would  be open to an amendment allowing us to shoot such people, but...it is too broad, says Sen. Stevens.  It would apply government-wide, he says.  Sen. Dorgan's work should be considered, but it shouldn't be on this bill, Stevens says.  He makes a point of order that it violates Rule 16, and the Amendment falls!

At some point in here were two speakers and one amendment passage of interest:

—Sen. Judd Gregg (NH) appeared to be griping about the amount of emergency spending, questioning why the leadership was allowing so much "emergency" spending to pass when we have already been at the Iraq/Afghanistan war for several years.

—Sen. Kent Conrad (ND) declared drought conditions in the Great Plains and warned of impending catastrophe due to the extreme heat and the lack of rain.

—Sen. Chris Dodd's (CT) amendment passed 97 to 0; it includes expenditures of $6b for improvements to military machinery (trucks, etc.)  In its own words, its purpose is, "To make available an additional $6,700,000,000 to fund equipment reset requirements resulting from continuing combat operations, including repair, depot, and procurement activities."

[18:07]

Durbin's Amendment for $2m to U. of Chicago research on traumatic brain injuries was just tabled (killed) by a vote of 54 to 43.  It was pretty much party line.  

Now Stevens is raising a series of points of order to fell a number of proposed amendments.

The Senate is now in a quorum call.

[18:10]

Stevens is back on.  He wants to get through the rest of the amendments.  Four amendments get through without any objection from the other side (Sen. Inouye).  

The Kennedy Amendment is pending; Stevens suggests the absence of a quorum.  Mr. Akaka...

[18:12]

[20:28]

The Senate finished up a while ago.  They will, according to Majority Leader Frist, hopefully finish up the Defense Spending Bill tomorrow.  Then, on Friday Morning, the Senate will vote on a motion for cloture on the estate tax/min wage bill.