Senate lacks consensus on security grant formulas

The Senate was unable to reach an agreement late Tuesday on three different proposals for distributing billions of dollars in state homeland security grants, revealing deep divisions between senators from states with large urban areas and those from smaller or more rural states.

Senators voted on three different funding formulas as part of debate over a massive bill to implement unfulfilled recommendations of the 9/11 Commission. None got a majority of support.

Under current law, each state is guaranteed 0.75 percent of total funding available under the state homeland security grant program.

Some senators are trying to change that formula. By giving less guaranteed funding to each state, more money would be available for distribution solely based on risk and threat assessments, as the 9/11 Commission recommended.

The Senate voted 56-43 to table an amendment backed by Sens. Dianne Feinstein, D-Calif., and John Cornyn, R-Texas, that would lower the guaranteed minimum to 0.25 percent. That would have left more money likely to be distributed to states with large urban centers, like California and Texas.

Another amendment, championed by Sen. Barack Obama, D-Ill., was tabled by a 59-40 vote. His amendment would have separated states into two groups: those with an international border would have been guaranteed 0.45 percent of state homeland security grants; those without an international border 0.25 percent.

The third amendment, from Sen. Patrick Leahy, D-Vt., would have kept the current 0.75 percent guarantee. That amendment failed 49-50.

The underlying bill would decrease the state guaranteed minimum to 0.45 percent. That formula now appears likely to be approved when the Senate votes on the bill.

Senate Majority Leader Harry Reid, D-Nev., said he plans to file cloture on the bill Wednesday, followed by a final vote on Friday.

On other issues relating to the bill, senators were divided Tuesday over how to handle several Republican-backed amendments dealing with immigration and border security. Reid had declared Monday he did not want to see immigration-related amendments attached to the bill.

But Cornyn and Sens. Jeff Sessions, R-Ala., and Charles Grassley, R-Iowa, each have amendments they want voted up or down.

Senate Minority Leader Mitch McConnell, R-Ky., also apparently wants votes on the amendments. "They're important security-related amendments that we'd like to see addressed in the bill," a McConnell aide said.

Cornyn's amendment would strengthen the government's ability to detain dangerous criminal aliens until they can be departed.

Sessions' amendment would clarify that state law enforcement can enforce federal immigration laws and require the Homeland Security Department to provide information to the National Crime Information Center on illegal immigrants who violate certain laws.

Grassley's amendment would clarify that foreigners cannot seek judicial review when their visa or immigration documents are revoked.

Sen. Jon Kyl, R-Ariz., also wants a vote on one of his amendments that would increase the maximum penalties for those who give material support to suspected terrorists.

In addition, Sen. Arlen Specter, R-Pa., introduced an amendment that would restore habeas corpus rights for suspected terrorists detained by the U.S. government. Terrorism suspects were denied that right under the 2006 Military Commissions Act.