Senate approves Commerce-Justice-Science spending bill, appoints conferees

After about a month of off-and-on consideration, the Senate on Thursday approved the $64.9 billion, fiscal 2010 Commerce-Justice-Science spending bill, after defeating four Republican amendments, including a hotly debated proposal that would have prevented funds from being used to try perpetrators of the Sept. 11, 2001, terrorist attacks in federal courts.

Approval of the bill, on a 71-28 vote, came after the Senate earlier on Thursday voted 60-39 to cut off debate on the measure. The Senate initially began considering the C-J-S bill on Oct. 5, but set it aside after failing to get the 60 votes needed to invoke cloture on Oct. 13.

After passing the C-J-S bill, the Senate then moved to the fiscal 2010 Military Construction-VA Appropriations bill.

Majority Leader Harry Reid, D-Nev., said he hopes to clear the measure on Monday or Tuesday, the only two days the Senate will be in session next week due to Veterans Day, which is Wednesday.

The C-J-S bill includes $27.38 billion for the Justice Department, a $1.29 billion increase over the amount provided for fiscal 2009 and $311 million above President Obama's request; $14.04 billion for the Commerce Department, an increase of $4.77 billion above fiscal 2009 and $254 million over the administration's request; and $6.9 billion for the National Science Foundation, a $426 million boost over fiscal 2009 and $128 million below Obama's request.

The Senate also named conferees to reconcile differences with the $64.4 billion C-J-S bill the House passed in June. Senate conferees consist of members of the Senate Commerce-Justice-Science Appropriations Subcommittee plus Appropriations Committee Chairman Daniel Inouye, D-Hawaii, and ranking member Thad Cochran, R-Miss. The House has not named conferees.

Approval of the C-J-S measure followed the tabling of the Sept. 11 amendment, which was offered by Sen. Lindsey Graham, R-S.C., 54-45.

Graham, whose amendment was cosponsored by Sens. Joseph Lieberman, I-Conn., John McCain, R-Ariz., and Jim Webb, D-Va., argued that he reluctantly offered the amendment because he believes in giving discretion to the Justice Department and the White House in how they prosecute terrorists.

But he was concerned the administration wants to bring Khalid Shaikh Mohammed, the man accused of co-planning the Sept. 11 attacks, to the United States to be tried in federal court. Such a move, Graham said he believes, "would basically be saying to the mastermind of 9/11 and to the world at large that 9/11 was a criminal act, not an act of war. ... This nation is at war; it's OK for us to speak up. Get on the record now before it's too late to tell the president that we are not going to sit [back] as a body and watch the mastermind of 9/11 go into civilian court and criminalize this war."

He and amendment supporters warned that military commissions would also prevent the compromise of intelligence, as they claimed has happened in previous terrorist trials.

Opponents of the amendment argued it would tie the hands of the White House and cited a letter from Defense Secretary Robert Gates and Attorney General Eric Holder opposing the proposal.

Majority Whip Dick Durbin, D-Ill., argued that trying terrorists in federal court sends a powerful message. "It's a message that says we can treat these individuals in our judicial system in a fair way and come to a fair conclusion and we did 195 times since 9/11, 30 times just this year," Durbin said.

The Senate also defeated two amendments by Sen. Tom Coburn, R-Okla., who was critical of the 12.6 percent spending increase in the bill over fiscal 2009.

One proposal, rejected 62-36, sought to cut $9 million for the National Science Foundation's political science program.

Coburn's other amendment, which was defeated 57-42, would have redirected $5 million from the $17.5 million for renovation of the Commerce Department's Herbert C. Hoover building to the agency's inspector general.

The Senate also rejected, 57-32, an amendment by Sen. John Ensign, R-Nev., that would have added $172 million for the State Criminal Alien Assistance Program, which provides federal payments to states and localities that incur correctional officer salary costs for incarcerating undocumented aliens under set guidelines.

An amendment by Sen. Mike Johanns, R-Neb., prohibiting the Association of Community Organizations for Reform Now from receiving funding under the bill was adopted by voice vote.