posted March 12, 2009
U.S. Rep. Lincoln Davis, a member of the House Appropriations Committee, said he is backing two new measures the committee is implementing to further reform the earmarking process.
The newest reforms include 1) Increased Executive Branch Review: When a member submits a request for an earmark, the appropriate executive branch agency will be given 20 days to review the project to ensure that the earmark is eligible to receive funds and meets goals established in law; and 2) Competitive Selection Required of Earmark Funding Directed to For-Profits: For any earmark intended to be directed to a for-profit entity, the executive branch will be required to ensure that the earmark will be awarded through a competitive bidding process.
“It’s a very unfortunate reality that the earmarking process has been given a black eye by a few bad actors in Congress. These two new reform measures further strengthen the work done over the past two years to open the process up for public viewing and member accountability,” said Congressman Davis.
When the 110th Congress convened in January 2007, the new majority quickly imposed a one-year moratorium on earmarks so new rules providing for historic transparency could be instituted, Rep. Davis said.
Below are a list of recent reforms:
With these additional reforms, the process will work as follows:
Members are Required to Post All Requests Online:
To offer more opportunity for public scrutiny of member requests, members are required to post information on their earmark requests on their websites at the time the request is made with the proposed recipient, the address of the recipient, the amount of the request, and an explanation of the request, including purpose, and why it is an appropriate use of taxpayer funds.
Certify No Financial Interest:
At the time the request is made, the member must send the committee a letter identifying the earmark, the entity that will receive the funds and their address, what the earmark does, and a certification that neither the requesting member nor their spouse will benefit from it financially. The certification is available on the internet at least 48 hours prior to a floor vote on the bill.
Executive Review:
The appropriate agency will be given 20 days to check that the proposed earmark is eligible for funding and meets goals established in law.
Early Public Disclosure of Subcommittee Decisions:
Each bill must be accompanied by a list identifying each earmark that it includes and which member requested it. To increase the time available for public scrutiny of committee decisions, earmark disclosure tables will be made publically available the same day as the House or Senate Subcommittee rather than Full Committee reports their bill.
A Cap of 1%:
Total funding for non-project based earmarks will be limited to 50% of the 2006 levels and no more than 1% of the total discretionary budget.
Votes:
Members are able to offer floor amendments on earmarks under the rules of the House and Senate. Over 70 such votes were taken on individual earmarks in 2007 in the House.
Competitive Process:
Earmarks directed to for-profit entities will undergo a competitive bidding process.
Rescissions:
In the event that any “clunkers” are discovered after enactment, under the rescission process on the books, the Congress can consider proposals by the President to rescind funding.
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