Posts Tagged ‘Earmark Ban’

Seaports Chafe at Loss of Earmarks

Tuesday, February 22nd, 2011

The budget-cutting fervor that killed earmark spending has sent a panic through the nation’s seaports, where billions of federal dollars have traditionally been directed almost entirely at the discretion of lawmakers.

Anxiety is particularly high because the new route for federal funding, which runs directly through the Army Corps of Engineers, is being forged just as many Eastern Seaboard and Gulf of Mexico ports are eager to expand and capitalize on the widening of the Panama Canal, scheduled to be complete in 2014.

“There is a disconnect with reality in Washington,” said Bill Johnson, the director of the Port of Miami, who has been lobbying furiously for approval of dredging of his harbor in advance of the Panama Canal project. The White House budget did not include the $75 million sought by Miami officials for the project, which Johnson said would generate 30,000 jobs.

In addition, for the budget now being considered by lawmakers to fund the rest of the year, Congress will approve overall spending for the Corps,which then has discretion to parcel out the money as it sees fit. That has significantly lessened local officials’ ability to lobby their federal lawmakers to save their projects and has made them more reliant on executive branch judgments.

Port officials complain their public works projects have been unfairly lumped in with more controversial earmarks that drew public ire,such as a cheese museum or the “Bridge to Nowhere” in Alaska.

“You are not talking about a one-time appropriation for the Teapot Museum in Topeka,” said Byron Miller, a spokesman for the Port of Charleston. The South Carolina port has been seeking funds to study deepening of Charleston Harbor so it can compete for business from the bigger ships. Miller and others say dredging projects boost the economy by drawing more international trade.

The president’s budget for fiscal 2012 did not include money for a $400,000 dredging feasibility study, though it does include a $600,000 grant for the Port of Savannah in neighboring Georgia.

Also exacerbating the problem is that South Carolina’s Congressional delegation has split over how to fund the harbor project.

Sen. Lindsey Graham (R) said he would, as a last resort, try to direct money for the study through an earmark. However, the state’s other GOP Senator, Jim DeMint, an ardent earmark opponent, has argued the solution is for the Army Corps of Engineers to overhaul how it allocates its funds.

Rep. James Clyburn, who has secured millions of dollars in earmarks for the Port of Charleston in the past, said he was unwilling to press the White House for a port study earmark. The Democrat said that it was under pressure from Congressional Republicans that President Barack Obama this year threatened to veto any appropriations bills that included earmarks.

“This is a classic case of be careful of what you pray for,” Clyburn said.

Clyburn, whose district includes the port, said this time he may try to persuade another agency to authorize the study in a way that doesn’t require an earmark.

In Florida, the Miami-Dade Board of County Commissioners, which oversees the port, last week approved a contract for a federal lobbying team, which included for the first time the powerhouse law firm of Patton Boggs. Several commissioners expressed concern, however, that delays in approving the contract may have hampered the port’s ability to secure federal funding for next year.

The Port of Miami’s director said he will keep pressure on Washington. “I may just have to rent an apartment there,” Johnson said.

Advocates of the earmark bans say the Army Corps of Engineers can now make more rational decisions on which ports should be improved. They argue that earmarks resulted in taxpayers footing the bill for unnecessary and expensive public works projects.

Steve Ellis, vice president of Taxpayers for Common Sense, a budget watchdog group, said not every port has to be deepened to accommodate the bigger ships from the Panama Canal. Rather, the lobbying for such projects by local officials amounts to “trying to keep up with the Joneses,” he said.

Now the Army Corps of Engineers will underwrite the most critical projects instead of the ones pushed by politicians with the most clout, Ellis said.

But Kurt Nagle, president of the American Association of Port Authorities, which represents 85 U.S. ports, said lawmakers should have a say in which projects are funded.

“They are closer to the location of these ports and recognize what their benefits are,” Nagle said.

He also noted that even when they were inserted as earmarks, the projects still had to be considered feasible by the Corps.

Nagle said his group was working on convincing lawmakers that these projects should be considered differently from other earmarks. But port officials acknowledged they are unsure of how they will have to go about securing federal dollars in the future.

“We’re all trying to figure out what’s next in how these projects will be funded,” said Miller, the Port of Charleston spokesman.

The Earmarks Paradox

Sunday, February 13th, 2011

Despite the current distaste for member-directed spending, lawmakers might soon look back on it as a bygone way to assemble a majority.

As House conservatives push for ever-deeper spending cuts, a tough question confronts GOP leaders: What sweetener will convince their rank and file to swallow bitter budget medicine?

In the past, that sweetener would have been earmarks, the local pork barrel projects that lawmakers could trumpet to constituents back home. Now earmarks are gone, or at least drastically curtailed, banished first by Republicans and more recently by President Obama and Senate Democrats.

Some argue that earmarks will now simply go underground, and that lawmakers will channel federal money to pet projects through federal grants, tax credits, and other avenues. No doubt the business of bringing home the bacon will continue, and Washington lobbyists who’ve built a lucrative industry out of earmarks are already reassuring clients that federal money lives on.

“We’re certainly not stopping the work that we’re doing,” said Stu Van Scoyoc, president and CEO of Van Scoyoc Associates, which runs a whole affiliate focused on federal grants and funds. “We’re still representing the people we represent. And we’re finding that it’s difficult, but that people are open to meeting with us and to hearing our concerns.”

But even Van Scoyoc admits that securing federal grants, for one, is “very difficult” even in the best of times. With discretionary spending cuts all but inevitable, winning federal grant money will be harder still. Added Van Scoyoc: “I think we’re in a very difficult environment.”

Van Scoyoc is one of many lobbyists, lawmakers, and political observers wondering how Washington is going to wrestle a federal budget to the ground without earmarks, which had become a central if controversial tool in the appropriations process. Earmarks represent only about one-half of 1 percent of the budget, but in recent years they’ve played an outsized role in the appropriations dance.

“You need certain tools to make legislation flow, and this was a great tool,” said former Rep. James Walsh, R-N.Y., now a government affairs counselor at the law firm of K&L Gates. Walsh should know: He served 16 years on the House Appropriations Committee and chaired four Appropriations subcommittees while on Capitol Hill. Earmarks “always get criticized,” Walsh added. “But if you’re in the room making sausage, you need to round up votes.”

Indeed, research suggests that “when members get an earmark, they are more likely to vote for the appropriations bill,” said Diana Evans, a professor of political science at Trinity College in Connecticut and author of “Greasing the Wheels: Using Pork Barrel Projects to Build Majority Coalitions in Congress.”

To earmarks critics, that’s precisely the problem. Earmarks added up to only $16.5 billion in fiscal 2010, a sum that former Sen. Alan Simpson, R-Wyo., who co-chaired Obama’s deficit-reduction commission, has derided as a “sparrow belch in the midst of a typhoon.” Yet they arguably have skewed federal spending toward influential lawmakers, clogged the legislative calendar, and invited quasi pay-to-play bartering with lobbyists dangling campaign contributions.

The culture of earmarks is so ingrained in Washington that no one really expects them to die out completely. When Senate Appropriations Chairman Daniel Inouye, D-Hawaii, announced a two-year moratorium on earmarks this month, he specified only appropriations earmarks, noted Steve Ellis, vice president of programs at Taxpayers for Common Sense. “That doesn’t remove the possibility that there would be authorization or tax or tariff-related earmarks,” said Ellis.

Lawmakers who want to steer money toward their states and districts can still put in requests to federal agencies, a process called “phone-marking” or “letter-marking.”

They also can write bills that fail to name a pet project but that apply narrowly to only one funding recipient. Some lawmakers will also fight to preserve money for highways, water resources projects, and controversial weapons systems such as the F-35 Joint Strike Fighter alternate engine—battles that will now move to the fore.

“Money will find a way, and it will be far less transparent,” said Walsh. He added: “It’s part of the genetic makeup of a legislator to try to find a way to help your community.”

The Inouye moratorium, moreover, is just that—a temporary hiatus, not a ban. Walsh is one of a coalition of lobbyists, budget hawks, and good government advocates who had set out to forestall the earmarks ban with a package of reforms. These included a transparent earmarks database and limits on earmarks to campaign contributors.

Despite briefings with House, Senate, and White House leaders, the reform package collapsed under political pressures, acknowledged Walsh. Still, he’s hopeful that such reforms will be “waiting in the wings” should the political winds shift again.

For some lobbying firms that helped create the earmarks boom, such as Cassidy & Associates, the moratorium already represents the end of an era. The firm has lost its chief executive and let go of some 20 percent of its staff amid a restructuring.

But lobbyists aren’t the only ones disappointed to see earmarks go. Many lawmakers have supported the ban only very reluctantly. GOP House leaders, in particular, might soon wish they had a few more carrots to hand out with their budget sticks. Said Evans: “I don’t think we’re going to see an end of targeted expenditures.”

Reid may seek earmarks in 2012

Monday, February 7th, 2011

It turns out Senate Majority Leader Harry Reid may seek earmarks next year, after all.

Speaking to reporters Thursday in the Capitol, Reid responded to the earmark ban announced by the Senate Appropriations Committee this week, saying it amounts to a “one-year moratorium” necessary to “get the appropriations bills done, and with [President Barack Obama’s veto threat] hanging over, we can’t get them done,” he said.

Asked if he might seek earmarks in 2012, Reid told POLITICO, “Sure.”

On Tuesday, the Appropriations Chairman Daniel Inouye (D-Hawaii) said the committee would put a two-year moratorium into effect for both fiscal 2011 and 2012 spending bills. The decision followed Obama’s announcement during his State of the Union address that he’d veto bills with earmarks. House and Senate Republicans already swore off earmarks for two years.

But in Inouye’s statement on the moratorium, he left himself a little daylight.

“Next year, when the consequences of this decision are fully understood by the members of this body, we will most certainly revisit this issue and explore ways to improve the earmarking process,” Inouye said. “At the appropriate time, I will once again urge the Senate to consider a transparent and fair earmark process that protects our rights as legislators to answer the petitions of our constituents, regardless of what the President or some Federal bureaucrat thinks is right.”

Reid spokesman Adam Jentleson said that there’s nothing inconsistent between Reid’s and Inouye’s positions.

“Sen. Reid agrees with Sen. Inouye that there will be no earmarks in appropriations bills this year,” the spokesman said. “As Sen. Inouye has said, we will reassess at the end of the year when we more fully understand the impacts of this policy.”

Reid dismisses Obama’s call for ban on earmarks

Saturday, January 29th, 2011

Harry Reid AP – Senate Majority Leader Harry Reid, D-Nev., speaks to reporters after the weekly caucus luncheons on Capitol …

WASHINGTON – Barack Obama’s top ally in the Senate Tuesday brusquely rejected the president’s call for a ban on the practice of stuffing home state projects known as earmarks into spending bills.

Majority Leader Harry Reid, D-Nev., said the president “has enough power already” and that Obama’s reported embrace Tuesday night of an earmark ban promoted by Republicans is just a “lot of pretty talk.”

Reid made his remarks at a news conference in which he otherwise praised Obama in advance of Tuesday’s State of the Union address.

Reid is a skilled practitioner of earmarking, in which lawmakers direct projects like new roads, grants to local police departments and community development grants to their states and congressional districts.

Obama has frequently said he opposes earmarks but he has repeatedly accepted them in larger spending bills. The earmark ban has been driven chiefly by House Speaker John Boehner, who vows not to send Obama any spending bills containing them.

Opponents of earmarks say they too often divert money from worthy projects into wasteful ones. An explosion of earmarking under GOP control of Congress in the late 1990s and early 2000s sparked a “pay to play” culture in which lobbyists and business executives seeking earmarks lubricate the system with campaign contributions.

The earmark ban is one of the few areas where Obama and tea party activists are in agreement, but Reid said the idea unfairly “takes power away from the legislative branch of government. And I think that’s the wrong thing to do.”

Reid to Obama on earmarks: ‘Back off’

Wednesday, January 26th, 2011

 

From NBC’s Kelly O’Donnell
Dismissing President Barack Obama’s opposition to earmarks as “an applause line,” Senate Majority Leader Harry Reid told NBC News on Wednesday that the president should “back off” and let lawmakers continue to direct spending to their home districts.

Asked during a one-on-one interview with NBC whether Obama was wrong to promise a veto on any bill that contains earmarks, Reid quickly replied, “of course.”

“This is an applause line,” Reid said. “It’s an effort by the White House to get more power. They’ve got enough power as it is.”

Reid, along with other lawmakers who support earmarking, argues that eliminating the practice simply puts more discretion in the hands of executive branch officials who have authority to fund projects.  “I have a Constitutional obligation to do congressionally directed spending,” he said. “I know much more about what should be done in Elko [or] Las Vegas, Nevada,than some bureaucrat does back here.”

Reid said voters should recognize that eliminating congressional earmarks does not,in itself, reduce spending but changes how the same money is spent.

“I think it’s absolutely wrong and the public should understand that the president has enough power; he should back off and let us do what we do.”

Suggesting almost dismissively that the president is playing to the crowd, he added that Obama may win “in the short term” with conservatives and those in the public who think that the practice should be nixed.

 “The president thinks this will help him a little bit. You know, more power to him,” he said. “But it’s just wrong.”

Despite this strong disagreement, Reid says the fight over earmarks will not cause a long-term rift with Obama.

“He’s been around awhile. I’ve been around a while,” he noted. “Just because he’s wrong on this, [it] doesn’t mean he’s not right on almost everything else.”

Reid brushes back Obama earmark ban

Tuesday, January 25th, 2011

Senate Majority Leader Harry Reid (D-Nev.) on Tuesday brushed back an expected proposal from President Obama to ban earmarks. 

Speaking to reporters on Capitol Hill, Reid said that the plan is “a lot of pretty talk” and would cede too much power to the executive branch. 

It would give “the president more power, and he’s got enough power already,” he said. 

 Obama is expected to include a call for an earmark ban in his State of the Union address, which he will deliver Tuesday night. Obama and Reid have long been on opposite sides of the earmark debate, and Reid’s comments indicate that the proposal could run aground in the upper chamber. 

The president will likely announce the earmark ban and a temporary non-defense discretionary spending freeze in his speech Tuesday night in an effort to extend an olive branch to fiscal conservatives, especially because he is also expected to call for targeted spending projects in education and infrastructure. 

But the Senate defeated a two-year moratorium on pork barrel spending in November of last year with a handful of Republicans joining most Democrats in opposition. 

Senate GOP Leader Mitch McConnell (Ky.) told reporters on Tuesday that Obama’s spending freeze is also not enough to satisfy Republicans who want to implement greater spending reductions.

“It strikes most of us that the effort by the House of Representatives to get us back to 2008 spending levels would be the direction to go if we really wanted to have an impact on our annual deficit problem,” he said.