Bid to cut off debate on Commerce-Justice spending bill fails

The Senate on Tuesday failed to win the 60 votes needed to end debate on the $64.9 billion, fiscal 2010 Commerce-Justice-Science Appropriations bill, dealing a blow to Senate Democratic leaders who want to finish work on the measure quickly.

After the 57-37 vote, an incensed Senate Majority Leader Harry Reid, D-Nev., said, "In years past, appropriations bills were finished in a reasonable time and there was cooperation on both sides. That of course has ended. The Republicans are legislating out of spite. Anything that slows things down, confuses, diverts from the business at hand, they are happy to do that."

Three Democrats were not present for the vote, including Appropriations Chairman Daniel Inouye, D-Hawaii, who is on his way back from Afghanistan. Typically a few Republicans vote with Democrats to move the appropriations process along, but none did this time.

Reid said he intends to try again to invoke cloture, but did not say when.

"We are going to get cloture on this bill," he said. "We are going to get this bill passed ... not because the Republicans deserve their many earmarks in the bill. We are going to do it because it is the right thing for the country."

Reid claimed that the problem is that Republicans will not agree to a list of amendments that the Senate would consider before moving to final passage.

Minority Leader Mitch McConnell, R-Ky., said Republicans have been working in good faith with Democrats to come up with an amendment list.

"There is no one on this side of the aisle that I am aware of that is trying to prevent the Commerce-Justice [-Science] bill from passing," McConnell said "I thought ... we were going to be able to get an amendment list and it broke down somehow in the discussions. I wouldn't make more out of this than it is. We were very close to being able to finish this bill and I suggest we continue working on the amendment list ... and wrap up the bill in the very near future."

Reid disagreed.

"The list prepared, they think it's reasonable; someone should take a look at it and see how unreasonable it is," Reid said.

A GOP leadership aide said the primary dispute was over an amendment by Sen. David Vitter, R-La., to prevent funding of the 2010 Census unless census workers are required to inquire if those they question are U.S. citizens. A spokeswoman for Reid, however, said Republicans were using the amendment dispute "as a stalling tactic."

One amendment Republicans have been pushing, and the Senate might consider on Wednesday, is from Sen. Lindsey Graham, R-S.C., and would prevent funds in the measure from being used to try perpetrators of the Sept. 11, 2001, terrorist attacks in federal courts.

Sen. Tom Coburn, R-Okla., on Tuesday offered three amendments to the measure, including a proposal to cut $9 million for the National Science Foundation's political science program. He cited a $188,000 NFS grant to study why political candidates make vague statements and what are the consequences.

"We all know the answer to that; they make vague statements because they want to get re-elected and they don't want to get pinned down," said Coburn. "Not hard to figure out, but we blew a lot of money on it."

Commerce-Justice-Science Appropriations Subcommittee Chairwoman Barbara Mikulski, D-Md., opposed the amendment and said political scientists do important work.

"I know [Coburn] doesn't think much of political scientists, he has made that clear, but Dr. Elinor Ostrom, who just won the Nobel Prize for economics, is a trained political scientist. She received most of her grant funding through the National Science Foundation, 28 grants since 1974. Those grants helped her lay the groundwork of her winning the Nobel Prize."

Coburn's second amendment would redirect $5 million from the $17.5 million for renovation of the Commerce Department's Herbert C. Hoover building to the agency's inspector general.

Mikulski said she would accept Coburn's third amendment to require that reports required under the bill be made public, but the Oklahoma senator said he preferred a roll call vote. He attached a similar provision to the $33.5 billion, fiscal 2010 Energy and Water appropriations bill, but it was dropped in conference.

Coburn has blocked consideration of the Energy and Water measure, but Reid filed cloture on that measure last week. The Senate could vote to invoke cloture on the bill on Wednesday.

Dan Friedman contributed to this report.