Tuesday, October 16, 2007: Senators Pass FY 2008 CJS Appropriations Bill

[~19:30]
The Commerce, Justice, and Science Spending Bill FY 2008 has passed 75-19 with 6 no votes (Obama, Clinton, Warner, Kennedy, Inouye, and Isakson).

Bush says he will veto the bill if it comes to his desk with a dollar figure above what he budgeted. The Senate version of the bill exceeded Bush's request by $3.2b. The bill now goes to a conference with the House, where the House and Senate versions of the bill are reconciled.

[19:12]
The Senate is in the midst of a vote to recommit the CJS Spending bill with instructions to the CJS committee to pare $3.2b in spending from the bill. Mitch McConnell made the motion.

Here is the vote...44 aye, 50 nay, 6 nv.

It is now time to move to final passage of the bill.

[18:27]
This Commerce, Justice, and Science Appropriations FY 2008 is close to a final vote on passage.

Mitch McConnell (KY), the minority leader, has just moved to recommit the bill to committee with instructions to pare $3.2b from it, making it in line with the President's request for the total dollar amount on the bill.

Mikulski respectfully opposes this request.

Richard Shelby (AL), who co-chaired the bill with Mikulski, also opposes the motion to recommit.

Trent Lott (MS) rises to support the motion to recommit.

Robert Byrd (WV) opposes the motion. He asks senators to rise and say what programs they want to cut to eliminate $3.2b from the bill.

Arlen Specter (PA) opposes the motion because he believes Congress cannot surrender its role in the appropriations process, which is granted to it under Article I of the U.S. Constitution. Is the President wiser than the Congress, asks Specter. Byrd gives him an amen from the background, audible on C-SPAN2. Rather, Specter supports passage of a balanced budget act, which would restrict Congress day-by-day.

[18:01]
Right now a vote to table the Vitter Amendment (see below).

Yeas: Democrats and Stevens (AK), Lugar (IN), Collins (ME), Snowe (ME), Specter (PA), Hagel (NE),
Nays: Republicans and Landrieu (LA)

Motion to table agreed to with 52 yeas. That means that 46 yeas came from Dems. Landrieu voted yea but that leaves four Dems that didn't vote. They include Kennedy (MA, recovering from surgery), Clinton (NY, campaigning), Johnson (SD, still not healthy), and Obama (IL, campaigning).

Hagel, not running for re-election, seems to be loosening his approach to voting. But I have to imagine that the Dem leadership is getting on Hillary and Obama. This tabling vote was a little too close.

[17:53]
There is about to be a vote on whether to table a Vitter Amendment that would cut off Community Oriented Policing (COPS) grants for communities that are failing to enforce federal immigration policies. Joseph Biden (DE) just spoke in opposition to the amendment.

Vitter says that there are certain "sanctuary" cities that flaunt their status as sanctuaries. In order to get serious about enforcing immigration laws, we need amendments like this, says Vitter.

Mikulski says that this is a very important vote imminent in the Senate. She opposes Vitter's amendment. She speaks for smaller cities. These cities, she says, can't afford to be the federal cop on the beat. They have the right to decide how they best want to fight crime.

Also, says Mikulski, what does this do for potential witnesses of crimes. Are you going to be more likely to report a crime if you are worried that the authorities are going to question you about your immigration status?

I think what she's saying is that if amendments like Vitter's get through, there's a chance that the bill is dead.

Vitter responds. He says that local law enforcement has no duty to enforce federal law affirmatively. However, these jurisdictions cannot establish a set policy that prohibits and/or inhibits communication with federal authorities.

[15:56]
Now an amendment cutting NASA funding. NASA was seeking some add'l funding under the thinking that when Space Shuttle Columbia was lost NASA had to spend emergency funding for reasons related to the disaster. In turn, it had less money to go around for research and everyday expenses.

The Ensign Amendment adds $150m to the Justice Dept. budget for prosecuting illegal aliens who commit crimes. It offsets that expense with cuts to NASA.

Kay Bailey Hutchison (TX) said that cutting NASA funding is a security threat. She mentioned something about the Space Shuttle as we know it being phased out by 2015 with a new "passenger-return" vehicle taking its place. If these cuts go through, says Hutchison, there will be an extended gap during which America cannot venture into space while other countries like China and India and Russia would be able to do so.

The Senate is now voting to table (kill) the amendment.

[15:28]
Senators are voting on amendments to the Commerce, Justice, and Science Spending Bill. Right now there is about to be a vote for emergency funding for NASA. Bill Nelson (FL) is opposing an amendment that adversely affects NASA. Nelson says that NASA is being starved of funds. The amendment is by John Ensign (NV). Nelson says, "Here comes Senator Ensign wanting to punish NASA again."

Hold on a second. Barbara Mikulski (MD) makes clear that the Ensign amendment that the Senate is about to vote on is not the NASA amendment Nelson was so hot about.

The Ensign amendment that the Senate is currently voting on is instead in the form of an offset. That is, it pays for a child protection act by taking money from certain tech programs, to wit:

"Provided further, That an additional $7,845,000 shall be available to carry out the Adam Walsh Child Protection and Safety Act of 2006 offset by a reduction in the amount available for the Advanced Technology Program under the heading 'Industrial Technology Services' in title I of $7,845,000."

It appears that this amendment has plenty of bipartisan support and will pass. Still, someone must oppose this bill or else it wouldn't be subject to a roll-call vote. My guess is that the senators in opposition are those whose home states host the tech programs that are being cut to pay for a renewal of the Adam Walsh Act.

[11:05]
Byron Dorgan (ND) is starting to fight back against growing sentiment that ethanol is not going to be a viable gasoline substitute. He observes that the media is talking about an "ethanol glut" driving down the price of ethanol, thereby hurting farmers. Certainly, a lot of corn comes out of his state. But he is saying that the gasoline companies are preventing their franchisees (the corner filling stations) from selling E85. E85 is gasoline containing 85% ethanol. The gasoline companies accomplish this by requiring their franchisees to buy gasoline only from the parent company, i.e. ExxonMobil or BP. These companies do not make E85. Therefore, of course E85 is not going to be available at your corner gas station.

[10:40]
Senators Johnny Isakson (GA) and Saxby Chambliss (GA) are offering an amendment to alter the Endangered Species Act (ESA). The Georgia senators assert that the Army Corps of Engineers is required under the ESA to release water from two lakes near Atlanta (Allatoona and Lanier) in order to put enough water in the Chattahoochee River to save the endangered mussels and sturgeon that reside in the water.

The amendment would specify that the ESA could be suspended during drought conditions when, for instance, a population's drinking supply is threatened. The senators are saying that Atlanta's drinking water supply is not real dependable because too much water is being let out of the reservoirs.

I'm not sure which bill this amendment is offered upon. I don't think it is the pending legislation, i.e. the Commerce, Justice and Science Spending Bill. It is probably being proposed as an amendment to the upcoming Health & Human Services Spending bill.