FILE - In this july 17, 2008 file photo, Sen. Robert Byrd waits of a Senate Appropriations Committee hearing on Capitol Hill in Washington. Congress returns for its midsummer session Monday with a Senate supermajority not super enough for President Barack Obama's top priorities to pass without Republican support. AP Photo logo AP Photo 5 months ago

FILE - In this july 17, 2008 file photo, Sen. Robert Byrd waits of a Senate Appropriations Committee hearing on Capitol Hill in Washington. Congress returns for its midsummer session Monday with a Senate supermajority not super enough for President Barack Obama's top priorities to pass without Republican support.