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Tag Archive: Earmark Reform

An Invitation to Obfuscation

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I don't know the answer to this question, but I note that the text of the House's Lobby Disclosure Act, available here for the time being, potentially offers lawmakers a lot of wiggle room for mischief in the way it defines "earmarks." The bill, which require lawmakers to put their names to the earmarks they sponsor, describes them this way:

For purposes of this section, the term 'earmark' means a provision in a bill, joint resolution, or conference report, or language in an accompanying committee report or joint statement of managers, providing a specific amount of discretionary budget authority to a non-Federal entity, if such entity is identified by name. (emphases added)
So if a member of Congess requests, say, $700 million to go towards a grant program adminstered by the Federal Railroad Administration for local rail line relocation and improvement projects, or if a lawmaker inserts a provision granting $230 million to be used by the competent traffic authority in any state whose territory was purchased during the presidential terms of Abraham Lincoln, to connect any island with an airport on it to the mainland, then would such lawmaker have to identify himself?

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Emergency Supplemental Passes:

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The pork-laden emergency supplemental bill passed the Senate today with 70 "yea" votes. The 70 votes means that some Senators would have to flip-flop if they didn't want to override President Bush's first veto of his presidency. The President has threatened to veto the emergency supplemental because of the excess spending, however the President has previously signed a bill that he had threatened to veto for the same reasons. That would be the 2005 transportation appropriations bill, which at one point included the infamous "Bridge to Nowhere". Tim Chapman has more at the Capitol Report and NZ Bear at Porkbusters posts a list of votes for and against Sen. Tom Coburn's (R-OK) pork stripping amendments.

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Keeping Score

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N.Z. Bear of Porkbusters is scoring the Senate votes on amendments offered by Sen. Tom Coburn, R-Okla., to strip a trio of high-ticket earmarked spending projects from the Katrina Relief/Iraq War emergency spending bill. I found it somewhat interesting to look at the votes of those who reportedly have presidential aspirations: John McCain, Evan Bayh, Chuck Hagel and Russ Feingold all cast three votes to cut projects; George Allen, Sam Brownback and Bill Frist were two out of three against earmarks, while Hillary Clinton and John Kerry voted against cutting all three.

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Reform Deform:

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There's more today on the passage of the lobbying and ethics "reform" that narrowly passed the House yesterday. The bill, which has been significantly watered down (or drowned), must now go to a conference committee to be reconciled with the Senate version of reform. According to the Washington Post this could cause some confusion:

The final version of the legislation will be a combination of statutory changes and changes in the rules governing House and Senate members, but not all the rules need apply to both chambers. Rules that govern the gifts and travel expenses that lobbyists are allowed to give to lawmakers can be different for the House and for the Senate. Each chamber is responsible for setting the rules for the conduct of its lawmakers and staff members. ... Still, if rule changes remain different for each chamber in the final version that becomes law, said Donald Simon, a campaign-finance expert, "it's going to complicate life for lobbyists and probably cause some confusion."
Not only could the final bill result in mass confusion among lobbyists, but the bill's themselves, and the House bill in particular, are devoid of meaningful reform. Rep. Chris Shays (R-CT) questioned his own Majority Leader's commitment to reform in the New York Times, "This is not John Boehner's forte ... This is not something he believes in." Rep. Brian Baird (D-WA) denounced the bill, "We are cleaning up Congress the way teenagers clean up their bedrooms." Meanwhile the Washington Times writes that the "earmark reform" "fell short of the reforms embraced by some conservatives."

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Imam at a Pork Roast:

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The Washington Post writes a profile of anti-pork Sen. Tom Coburn's (R-OK) crusade to cut earmarks out of the emergency spending supplemental before the Senate. Only one of his amendments were ultimately successful and the lack of majority support from either party led him to withdraw many of his amendments challenging the earmarks. One of his challenges was to a $500 million earmark to aid rebuilding of a Northrop Grumman shipbuilding yard in Mississippi. The Wall Street Journal reports that the vote was 51-47 with both parties evenly dividing. One of the few successul amendments aimed at controlling spending was introduced by Sen. Barack Obama (D-IL) and co-sponsord by Coburn. The amendment restricts the number of no-bid contracts for rebuilding in the Gulf Coast and was agreed to with a 98-0 vote.

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Exactly What I’m Talking About:

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So, I throw up a post and then find that Instapundit has exactly what I'm looking for:

And the House this week will vote on requiring members to attach their names to "earmarks" _ those hometown projects slipped into spending bills. The idea is that the sunshine of public scrutiny will mean fewer wasteful, silly sounding projects like $500,000 for a teapot museum in Sparta, N.C.
Now who knows, maybe Sparta is such an awfully boring place that it needs a teapot museum. But the point of sunshine is to let other lawmakers and, most importantly, citizens see and scrutinize which lawmakers are putting what into the federal budget. Thank you Glenn for the Porkbusters Update.

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Earmarks All Week Long:

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This is shaping up to be earmark week in both Houses of Congress. Right now Sen. John McCain (R-AZ) is decrying the earmarking practice on the Senate floor in the debate over the pork-laden emergency supplemental for Iraq and rebuilding after the twin Hurricanes Katrina and Rita. The Christian Science Monitor and the New York Times both have articles about pork projects and earmarks today. In the CS Monitor Rep. Jeff Flake (R-AZ) says, "It's our only chance to maintain the majority. It really is," probably refering to a recent poll that shows that prohibiting members from "directing federal funds to specific projects benefiting only certain constituents," is one of the chief concerns of voters. I've previously written about my misgivings about this poll. I believe this poll is similar to polls which show that the public believes that Congress is completely corrupt, but not their representative or Senator. A man in Nebraska interviewed in the New York Times makes my point for me, "I am critical of the fact that the federal government is worried about paying for parking garages — and for a million other things like that ... But they are. And if they are, I want my senator to be in there. I want Nebraska to compete." And it's not just residents who don't really mind the pork, the lawmakers like it too, and use it to sway votes. The National Journal's Stan Collender states that in the current era of narrow majority rule earmarks and pet projects are necessary to maintain control of your caucus:

In an era of narrow majorities in both houses, when a handful of votes can make the difference between legislative success and failure, earmarks are an even more important way of doing business in Congress today than they have been in the past. They are now a key tool to getting anything done and eliminating them will make it even harder to get majority support. This points directly to one of the great fallacies of the current discussion about eliminating or limiting earmarks. In spite of all of the attention earmarks have received this year, there is not a great deal of support for doing anything about them. Just the opposite is true: most members of Congress don't want them limited and will fight hard to make sure it does not happen. Very few of the players in the House and Senate stand to gain anything if the limits under discussion are adopted. The White House and leadership will reduce their ability to attract the additional votes they need to accomplish their legislative agendas. The appropriations committees will reduce their power because one of the few things they have to trade will be taken away. Individual members of Congress will find that their ability to deliver things for their constituents will be reduced substantially.
Certainly the leadership of both parties know this and are wary of those pushing to restrict the earmarking process. I think what would work best would be full transparency of earmarks followed by a peer-review process. Watching the current attempts by Sens. John McCain (R-AZ) and Tom Coburn (R-OK) attempt to strip earmark provisions out of the supplemental truly shows the merits of this process. Not only are these appropriations open to debate on the floor but the author must stand up and defend the appropriation. It is an ideal process for debating the merits and motives of a particuar line item. Perhaps with a little sunlight we wouldn't have members like Alan Mollohan (D-WV) and Pete Visclosky (D-IN) earmarking funds for campaign contributors, nor would we have jailed-Rep. Duke Cunningham's shady earmarks going without notice.

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In Blog Daylight:

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  • blonde moment at Daily Kos writes that Judicial Watch has forced the White House to release the logs detailing visits made by Jack Abramoff. The Associated Press has an article up as well.
  • Ken Silverstein at Harpers.org asks how a company run by a guy with a "criminal rap sheet that runs from 1979 to 1989" received a $21.2 million contract with the Department of Homeland Security to provide transportation. The company just happens to be the limo service that is alleged to have delivered prostitutes to Duke Cunningham and other unnamed congressmen and CIA and Defense Department officials.
  • The Capitol Report's Tim Chapman reports that Coburns war against earmarks in the emergency supplemental bill will be "front and center this week."

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Top issue

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Porkbusters notes a poll from NBC/Wall Street Journal which found that 39 percent of the American people think ending earmarks this session is the top priority for Congress. When you have a Randy Duke Cunningham with a price list for doling out defense dollars, or an Ethics Committee member like Rep. Allan Mollohan seeing nothing questionable about steering a contract to a firm headed by a good friend with whom he co-owns real estate, one can understand why this would leap to the top of American's concerns -- we're not stupid and we don't like to be told that our tax money can be doled out at the discrection of individual members.

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In Blog Daylight:

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  • Brent Wilkes, co-conspirator #1 in the Duke Cunningham scandal, is going to put a fight, according to TPM Muckaraker, and not plead guilty. That's good news for a bevy of congressmen who call Wilkes a friend. Wilkes would be facing a number of charges in a federal corruption case. And after today's revelations in the Wall Street Journal it looks like that could include being a pimp. As they say, pimpin' ain't easy.
  • Boddington at Redstate.org writes about Appropriations Chair Jerry Lewis' (R-CA) attempt to kill the ethics reform bill before the House. Lewis is urging Appropriations members to vote against the reform because of his opposition to the earmark reform in it. Lewis claims that the earmark reform unfairly targets his committee while letting other committees continue to earmark unrestricted. Boddington is highly skeptical of Lewis' argument and quotes Rep. Jeff Flake (R-AZ) who calls Lewis' attempt to change the bill "a poison pill."

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