The takings issue is part of a multipronged attack on the trust account programs by the Washington Legal Foundation, which has also raised a challenge under the First Amendment to the programs in Texas and Washington.
The unmet principles were considered and amendments to the program were proposed.
In 1993, after NASA had secured $11.5 million for its newly-minted High Resolution Microwave Survey, US Senator Richard Bryan submitted a last-minute amendment to kill the program once and for all, noting that "this will hopefully be the end of Martian hunting season at the taxpayer's expense".
This year NBC announced its "Tonight Show" would move to New York in February, in part to take advantage of an amendment to the state's incentive program that made such talk shows eligible for a 30% credit on production costs.
Contentious arguments ensued in the legislature as the elimination of the program was proposed as an amendment to the annual budget and as a separate piece of legislation, but was never enacted.
California's own Senators Barbara Boxer and Dianne Feinstein are also supporting amendments to extend the program in the federal jobs bill.
The money for New York and for antiterrorism programs was part of an amendment to the annual spending bill for the Defense Department.
Furthermore, the new amendments to the bill changed the program from a temporary pilot program to a permanent regulatory scheme.
Congressional aides, who spoke on the condition of anonymity, said he was instrumental in making sure the McCain-Shaheen amendment to eliminate the Agriculture Department program, which passed easily in the Senate's version of the farm bill in 2012, was not brought up for a vote in this year's bill.
"We are actively communicating with fellow senators, attempting to shore up support for an amendment to make sure the program goes forward," said Gary Hoitsma, spokesman for Senator James M. Inhofe, Republican of Oklahoma.
