CQ TODAY PRINT EDITION
Corrected Sept. 26, 2008 – 5:47 p.m.
Earmarks Tangle Defense Authorization Talks
By John M. Donnelly, CQ Staff
A fierce dispute over earmarks has surfaced as the main obstacle in Senate negotiations over the annual defense authorization bill.
Armed Services Chairman Carl Levin , D-Mich., and other panel leaders have resisted allowing a vote on an amendment by Republican Jim DeMint of South Carolina that would effectively give the Defense and Energy departments the flexibility to disregard more than $5 billion in defense earmarks.
DeMint has held up the $612.5 billion defense policy measure (
The White House is siding with DeMint, saying it “strongly opposes” the bill’s earmarks and what many Republicans consider the measure’s attempts to circumvent an order by President Bush to combat excessive spending.
Earmarks have become a central feature of many congressional campaigns and the presidential contest this year. John McCain and Barack Obama are both touting their credentials as reformers of Washington’s spending practices, while the earmark record of Alaska Gov. Sarah Palin , the GOP vice presidential candidate, has been the subject of intense scrutiny.
Coburn said the aim of the DeMint amendment was to thwart the billions of dollars in projects not requested by the military that lawmakers have funneled toward particular companies.
“Of the $5.9 billion in earmarks in this bill, the vast majority are not competitively bid,” said Coburn.
The defense policy bill authorizes spending on national security for the fiscal year that begins Oct. 1. The Senate Armed Services Committee passed its bill in late April; the House passed its own $612.5 billion version (
Anatomy of a Misunderstanding
The earmarks debate that is now holding up the defense bill grows out of a complicated set of executive and legislative moves.
In January, Bush put forth an executive order telling U.S. agencies they needed to heed only earmarks that are included in statutory language, not those embedded in reports accompanying bills.
The Senate Armed Services Committee’s earmarks are listed in the report, not the bill. But the bill contains language that stipulates that the earmarks should be considered a part of the bill.
To DeMint, Coburn and other critics, putting the earmarks in the bill by reference, not in specific language, effectively means that federal agencies must honor the earmarks that are not actually in the bill, where they could be amended during floor debate. DeMint’s amendment says simply, “Strike section 1002” (the earmark stipulation). The White House, in a statement of policy on the bill, said: “Both section 1002 and the earmarks in the report should be removed.”
On Sept. 10, DeMint objected behind the scenes to Levin’s request for unanimous consent to pass a package of 14 amendments to the bill, because he was being denied a vote on his own amendment.
On Thursday, DeMint and Coburn brought the issue to the floor for a debate with Levin and John W. Warner of Virginia, the committee’s senior Republican.
“I would hope we haven’t come to the point in the Senate that a senator wouldn’t be allowed one amendment on an important bill just to strike a section,” said DeMint.
Replied Levin: “It may be three words, but they are mighty important words.”
Levin said that, in essence, this is a misunderstanding. He said he would have put the earmarks directly in the bill itself but was told by the Senate’s office of legal counsel in June that current software does not allow the earmarks to be incorporated in the bill. A committee aide said the Republicans’ concerns are unfounded because the report’s earmark tables can be amended.
DeMint and Coburn seemed unswayed.
“Congress has a nine percent approval rating because few politicians seem to understand that it is wrong to divert resources away from critical defense needs and toward less vital earmarks,” said John Hart, a Coburn spokesman. “Defense earmarks are, by definition, items not requested by the Pentagon and generals in the field — the people who are more interested in winning wars than elections.”
A similar debate on earmarks occurred in May during the House’s debate over its version. The House bill got around Bush’s order by saying that it “shall not apply to this act.” Its earmarks are found in the report accompanying the bill. The White House threatened to veto the bill if such language stays in the final version.
At the time, Jeff Flake , R-Ariz., wrote an amendment striking the provision, but the House Rules Committee did not make the amendment in order, so it never came to a vote.
In addition to the earmark dispute, other obstacles stand in the way of the Senate defense measure.
Democrats are not allowing votes on two other GOP amendments unless they are changed. One, by John Cornyn , R-Texas, would help military personnel cast absentee ballots by providing for their expedited collection and delivery. The second amendment is a resolution commending Bush’s “surge” in Iraq, offered by Lindsey Graham , R-S.C., and Joseph I. Lieberman , an independent from Connecticut whose support for the Iraq war and GOP presidential nominee John McCain has angered Democrats.
Josh Rogin contributed to this story.
First posted Sept. 11, 2008 8:48 p.m.
Correction
Corrects to say Bush issued the executive order regarding earmarks in January.




Comments
Earmarks should simply be illegal! Palin grabbed all she could get just like most politicians. Mitch McConnell, minority leader, is another pig at the trough, but without lipstick. By the way, why don't we just let the banks fail! We would all be pretty broke but it would be a good test of survival as no one should actually be borrowing anyways. I'm tired of hearing that all small businesses need to borrow. Bull! A smart businessman will avoid debt if possible, with the banks dead they'll all have to find another way to survive. Like McCain said, "the American worker is the best."
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