Earmark Reform Within the 110th Congress


Book Description

Earmark spending has come under attack by, and scrutiny of, government watchdog groups, the media and some fiscal conservatives in Congress because of the political corruption that has centered around its use, the increase in the amount of new earmarks being requested and funded, and because of the waste thought to be associated with earmarked spending. As a result, Congress has considered a series of earmark reforms, focused primarily on reforming Senate and House rules to ensure better control of the appropriations process and also providing transparency and accountability of all earmark requests and spending. Of the numerous reform bills and resolutions introduced in the Senate and House during the 110th Congress, one bill and one resolution became law. The Honest Leadership and Government Act of 2007 was intended to provide greater transparency of earmarks requested during committee mark-ups and in conference. House Resolution 491, "Providing for Earmark Reform," discouraged the unauthorized insertion of earmarks into the language of conference reports. Although total earmarked spending and the number of earmarks declined slightly following passage of these measures, there is little evidence to suggest cause and effect. This was apparent after the passage of the FY2009 spending package when congressional leaders were criticized for failing to offer lawmakers and the public sufficient time and opportunity to adequately scrutinize all earmark requests.




Federal Budget Process Reform in the 110th Congress


Book Description

In 2007, during the first session of the 110th Congress, the House and Senate face a wide array of budget process reform proposals, pertaining to such matters as restoration of the statutory discretionary spending limits and PAYGO requirement; internal PAYGO rules in the House and Senate; earmarking; and modifications to the budget resolution, reconciliation, and appropriations processes. The House and Senate may pursue budget process reform in various ways, including modifications to each chamber's rules and practices, the enactment of freestanding legislation, or the inclusion of budget process changes in other budgetary legislation, such as an annual appropriations act or a reconciliation or debtlimit measure. This report provides a context for congressional actions in this area and briefly discusses selected actions or proposals to illustrate the diversity of issues involved. On January 5, 2007, the House completed action on its rules package for the 110 Congress, H.Res. 6. Title IV of the measure included several budget process changes dealing with such matters as earmark reform, restrictions on the reconciliation process, and the establishment of a PAYGO rule for the House.




A Better Congress


Book Description

Gibson presents a comprehensive look at the reasons that Congress does not work well and real solutions that can make Congress work better. He has worked in the legislative, executive, and judicial branches of the federal government, including serving as chief antitrust counsel and chief minority counsel to the House Judiciary Committee.




Listening to Congress


Book Description

In the wake of recent scandals involving lobbying and special interest spending on Capitol Hill, each of the houses of the 110th Congress adopted unprecedented legislative, procedural rules that require broad disclosure of spending earmarks and tax provisions that benefit special interests. Recognizing the strong incentives for members of Congress to hide special interest deals within complex tax and spending legislation and through ambiguous drafting, scholars have long sought to bring such deals into the open in order to promote congressional deliberation and public accountability. Although the new reforms appear designed to address that laudable goal, the efficacy of the rules is doubtful given their self-referential status; that is, they rely upon the foxes to govern administration of the henhouse. This Article begins by describing various tactics legislators have used or will likely use to evade the new disclosure regime, as well as deficiencies in the regime's design. The piece then explores the value of enlisting a force external to Congress as a response to the inherent weakness of endogenous, procedural rules. It concludes that although direct judicial review of legislation for compliance with the rules likely raises constitutional difficulties, judicial involvement through statutory interpretation offers a potential solution. Specifically, when interpreting ambiguous legislation that falls within the ambit of the disclosure rules, judges should assume the rules have functioned correctly; in other words, if no special interest beneficiary has been disclosed, judges should assume that none was intended and interpret the ambiguous provisions accordingly. The proposal thus strengthens congressional adherence to the rules by imposing costs upon defecting lawmakers, as well as the special interests they support. It does so, however, without offending the constitutional mandate that lawmakers have purview over such rules. Hence it offers a counterpoint to the entrenched view that Congress cannot truly precommit itself through procedural rules. Furthermore, because this method of statutory interpretation is guided by Congress's own remedy to the problem of special interests, it differs in an important respect from prior scholarly proposals for narrow interpretation of special interest legislation, making it more resilient to the critique that the interpretive mode exceeds the judicial function.




Cheese Factories on the Moon


Book Description

It has become part of US political convention to attack 'earmarks' - legislative provisions that direct funds to specific projects - as wasteful and corrupt. In this provocative book Scott A. Frisch and Sean Q. Kelly argue that in fact earmarks are good for American democracy. Using extensive interviews with Washington insiders and detailed examples they illustrate how earmark projects that were pilloried in fact responded to the legitimate needs of local communities, needs that would otherwise have gone unmet. They also demonstrate that media coverage of earmarks tends to be superficial and overly-dramatic. Cheese Factories on the Moon is a much-needed challenge to a widespread but deeply flawed 'consensus' about what is wrong with US congressional spending.




How Our Laws are Made


Book Description







Ethics, Lobbying, and Related Procedural Reforms Proposed in S. 1, 110th Congress


Book Description

This report discusses and analyzes the proposals in S. 1, 110th Congress, as passed by the Senate on January 18, 2007, concerning congressional ethics, lobbying reform, and proposals to amend Senate procedures to increase legislative transparency. Proposed changes in ethics and lobbying provisions are examined in five general areas: (1) proposed amendments and additions to internal Senate Rules governing such things as the acceptance of gifts by Senators and staff, including gifts of free travel; official contacts with Senators' family members who are lobbyists; influencing private hiring decisions; and mandatory ethics training; (2) amendments to Senate Rule provisions and changes in the federal criminal law concerning "revolving door" restrictions and regulations on former Members and employees of Congress concerning various post-employment "lobbying" activities and privileges, including the requirement to disclose negotiations for future private employment; (3) amendments to the statutory provisions requiring the disclosure of lobbying activities and other activities of registered lobbyists under the Lobbying Disclosure Act of 1995, as amended; (4) the establishment in the legislative branch of a study commission on ethics and lobbying; and (5) the statutory provisions concerning the forfeiture of federal pension annuities for former Members of Congress for the conviction of certain crimes. Finally, the procedural changes that have been proposed in S. 1, including procedural matters concerning so-called "earmark reforms," matters in conference reports, and cost scoring provisions are also analyzed. Contributors to the report include Jack Maskell, legislative attorney, American Law Division, (coordinator, primarily responsible for covering the provisions concerning congressional ethics, receipt of gifts by Members and staff, "revolving door" and other post-employment conflicts of interest, and pension reform); R. Eric Petersen, analyst in American National Government, Government and Finance Division (lobbying reform); Sandy Streeter, analyst in American National Government, Government and Finance Division (congressional earmark reform); Bill Heniff Jr., analyst in American National Government, Government and Finance Division (CBO scoring); and Todd B. Tatelman, legislative attorney, American Law Division (Senate procedures, conference reports, and COLA adjustments). This report will be updated as warranted.







Setting Course


Book Description