Tag: earmark reform

Cutting Spending to 2008 Levels

Following last week’s electoral victory, the House Republican leadership has been talking up its pre-election pledge to return federal spending to 2008 levels. As I’ve previously discussed, the Republicans are only talking about non-security, discretionary spending. This category of spending represents a relatively small portion of the overall federal budget, and would only shave about $100 billion off of what the president wants to spend.

A better idea would be to cut total spending to 2008 levels. Excluding interest, the president has proposed spending $853 billion more in fiscal 2011 than the government spent in fiscal 2008. The following table shows the increases by department.

As the chart shows, federal spending for the Pentagon alone is set to increase by $126 billion, or more than the amount that the Republican leadership says it wants to cut. Therefore, if the Republicans want to get serious about cutting spending and reining in the growing federal debt, all categories of spending must be on the table.

Apologists for government spending will complain that returning spending levels to 2008 would be draconian. But compare the percentage increases in spending over three years under the president’s proposed budget.

President Obama and the Democrats told the American people that this spending explosion was needed to fix the economy. Unfortunately, it has only succeeded in transferring a tremendous amount of resources from the private sector to the less efficient government. Republicans were elected, in part, to help put the private sector back in the economic driver’s seat. To do so, Republicans need to be much more ambitious than trimming just $100 billion off of the president’s three-year $853 billion spending increase.

Congress to Produce Earmark Data?

A bill introduced in the Senate yesterday would require Congress to bring earmarks out of the shadows, producing earmark data in a format that the public can easily use.

S. 3335 calls for a “unified and searchable database on a public website for congressional earmarks.” This is something President Obama called for in his 2010 State of the Union speech, though we haven’t heard much more from him about it since then.

Importantly the bill is not just about a web site. The bill would enable the public to “programmatically search and access all data in a serialized machine readable format via a web-services application programming interface.” That gobbledegook means that people could access the data for themselves, slicing and dicing it to learn whatever they want or to display it however they want.

I’ve noted here before the efforts of my government transparency web site WashingtonWatch.com to capture earmark data and the related effort to get earmark data directly from Congress at Earmarkdata.org.

The bill was introduced by Senator Tom Coburn (R-OK), and is currently cosponsored by Sen. Michael Bennet (D-CO), Sen. Barbara Boxer (D-CA), Sen. Bob Corker (R-TN), Sen. John Ensign (R-NV), Sen. Russ Feingold (D-WI), Sen. Kirsten Gillibrand (D-NY), Sen. Johnny Isakson (R-GA), Sen. John McCain (R-AZ), and Sen. Mark Udall (D-CO). Its House counterpart is H.R. 5258 (Cassidy R-LA), which also has bipartisan support.

Support for these bills across parties and ideologies suggests good things may be in store for earmark transparency.

Earmark Requests Going Online — In Wrong Formats

As required by rules instituted last year, members of Congress are posting their earmark requests online. And in a small improvement over past practice, the House Appropriations Committee  is posting links to all those pages (in alphabetical order and by state). The Senate Appropriations Committee is doing the same.

So, great. You can go line-by-line and figure out what requests your member of Congress has put in. But what’s the total number of your members’ requests? What’s the total amount of his or her requests? Who requested the most earmarks, in dollars or in number? Where in your district is the money supposed to go?

HTML pages and PDF documents are very hard to work with and don’t allow us to answer these questions. The Earmarkdata.org project is asking Congress to produce information about what it’s doing in formats that are useful for public oversight. Cato’s December 2008 policy forum on this topic was called “Just Give Us the Data!

The Earmarkdata.org site has a petition people can sign to ask their representatives to produce good earmark data.

Just Give Us the Data! Transparency and Change

Yesterday my government transparency site WashingtonWatch.com rolled out a transparency campaign (along with many collaborators) called “Just Give Us the Earmark Data!”

Visitors to Earmarkdata.org are encouraged there to sign a petition asking Congress to publish data about earmarks in formats that are useful for public oversight. Developers can also participate in perfecting the data schema that will capture the “earmarks ecosystem” in the best possible way.

After a surprisingly successful effort at “crowdsourcing” earmark data last summer, the push for earmark transparency gained steam in January, when President Obama spoke about it in his State of the Union speech. A White House “fact sheet” issued the same day called for a “bipartisan, state-of-the-art disclosure database that allows Americans to examine the details of every proposed earmark.”

(We were going to ask for good earmark data anyway, but this gave the idea currency in a lot of quarters.)

The focus on earmarks and transparency got the political calculators whirring on Capitol Hill. “Is earmarking worth doing considering the political heat it is going to draw?”

One set of actors came up with their answer last week. House Democrats announced that they would restrict their earmarking only to non-profits. They want for-profit businesses seeking taxpayer money to go through conventional channels like competitive bidding.

The next day, House Republicans came back over the top of Democrats’ political bet. They announced that they would forgo earmarking entirely.

That’s House Democrats and House Republicans. Don’t assume that earmarking is going to go away. A good-government bidding war is on, though—spurred by the political challenge of transparency.

A couple of observations, least important first:

  • If it wasn’t obvious before, this illustrates that politicians are very capable political risk balancers. Indeed, surfing political waves is arguably the primary task of elected officials, most especially at the national level, and without this skill, they are goners. (That’s why looking for a wellspring of principle in an elected official usually gets you swamped in disappointment.)

    I’ve had a number of friendly cynics suggest that politicians wouldn’t mind earmark transparency—bringing home the bacon brings in the votes! This appears in general not to be true. There may still be earmarking from a hard core group who do perceive overall political benefits from it, but they’ll have to buck their parties, who do not.

    (Alas, I can’t say “I told you so!” because I tended to just grin and say “Maybe you’re right!” For future reference, I agree with the tendency, but doubt the direct outcome described in the adage attributed to Benjamin Franklin, “When the people find that they can vote themselves money, that will herald the end of the republic.” Thankfully, it’s more complicated than that.)

  • Notable: Elected officials’ political tuning is not just reactive. The anticipation of earmark transparency is what started this bidding war.This is especially worth noting with respect to President Obama’s “Sunlight Before Signing” promise, which I most recently reported on here. Skeptics have said that President Obama’s promise to post bills he receives from Congress online for five days before making them law wouldn’t make any difference because a bill that Congress has sent down Pennsylvania Avenue is already final. But a parochial amendment hanging out there for five days threatens to draw political discredit on its author and supporters—and their party. Sunlight Before Signing was a meaningful promise.

    (SBS has two advantages over the creditable “Read the Bill” proposal to hold bills 72 hours before a vote in Congress: 1) SBS takes advantage of interbranch rivalry, and 2) it was a campaign promise of the president!)

  • Broadly, this episode illustrates how transparency can bring welcome change. It’s correct to observe that earmarks represent only a tiny part of overall spending. But applying parallel transparency efforts to other parts of the legislative and regulatory processes are likely to elicit similar good behavior from government officials. There are manifold directions to go with government transparency. Each in its way stands to create political dynamics more congenial to good government and—more importantly—to liberty.

Obama Transparency Update II

An editorial in the New York Times the other day reminded me that it’s a good time for another look at the Obama administration’s record on transparency.

The editorial lauded a new policy of disclosure for the Secret Service’s logs of White House visits, naming the visitor, who set up the meeting, where it was held, and how long it lasted. The Times gushed: “[T]he administration is well on course to be the most open in modern times, with such earlier initiatives as the online Data.gov to allow citizen access to huge amounts of federal agency information.”

These things are good—and the White House certainly means well—but I’m a little less enthusiastic, and I think the Times set the bar at the wrong height: A ham sandwich is more transparent than recent administrations. Candidate Obama made some firm commitments about transparency that are better for gauging his performance.

Disclosure of White House visitor logs is a small step forward, but I agree with the Times that a three to four month delay in revealing visits is too long. Much of this information is computerized at the White House and could be revealed in real time or within 24 hours. Also, visits that are not revealed for security or diplomatic reasons should be noted as such so that the quantity of such visits can be tracked over time and misuse of this secrecy ferreted out.

It’s also slightly ironic to see the Times sing President Obama’s transparency praises while the White House flouts a transparency commitment made to the paper back in June. For a story called “White House Changes the Terms of a Campaign Pledge About Posting Bills Online,” White House spokesman Nick Shapiro told New York Times reporter Katherine Seelye, “[O]nce it is clear that a bill will be coming to the president’s desk, the White House will post the bill online.” It hadn’t happened yet when I wrote about it in July, and it still hasn’t happened, even though 22 more bills have passed into law since then.

Below the jump is an updated ”Sunlight Before Signing” chart, reflecting all the bills President Obama has signed to date. Still only one (of sixty-one bills) has been posted on Whitehouse.gov for five days before signing. (That’s a .016 average, baseball fans.)

The DTV Delay Act was online for five days after final passage in Congress, though not formal presentment to the president, but I’ve given him the benefit of the doubt to count it as a win.

I’ve amended the chart to highlight an interesting thing: Two-thirds of the time (41 of 61), the White House has held bills for five days or more before President Obama has signed them. The only thing keeping him from fulfilling his promise as to these bills is the simple failure to post them on Whitehouse.gov. It’s hard to understand why the White House is not taking this easy step. The “Presidential Actions” page seems like a good place for it.

On measurable commitments, we have seen weakness, but, as I say, the White House certainly means well. This was confirmed for me again last week when Cass Sunstein, the new administrator of the Office of Information and Regulatory Affairs, invited a small group of transparency advocates including myself in for a meeting. We highlighted many angles of the transparency issue to him, mine being earmarks.

During the campaign, now-President Obama said, “[W]e will put every corporate tax break and every pork barrel project online for every American to see. You will know who asked for them and you can decide whether your representative is actually representing you.”

Since then, it has been WashingtonWatch.com, not the White House, tracking and disclosing earmarks. But an OMB representative told Federal Computer Week in August that it would begin tracking and disclosing congressional earmarks from the request stage in the next budget cycle.

I passed a copy of the FCW article to Sunstein and some of the OIRA staff members who joined us at the meeting. I’m hopeful that they will follow through on this commitment. I’m looking forward to reporting tangible results to go along with the good intentions flowing from the White House!

Public Law Date Presented Date Signed Five Days? Posted (Linked)? Posted Five Days?
P.L. 111-2, The Lilly Ledbetter Fair Pay Act of 2009 1/28/2009 1/29/2009 No 1/29/2009 No
P.L. 111-3, The Children’s Health Insurance Program Reauthorization Act of 2009 2/4/2009 2/4/2009 No 2/1/2009 No
P.L. 111-4, The DTV Delay Act 2/9/2009 2/11/2009 No 2/5/2009 Yes and No
P.L. 111-5, The American Recovery and Reinvestment Act of 2009 2/16/2009 2/17/2009 No 2/13/2009 No
P.L. 111-6, Making further continuing appropriations for fiscal year 2009, and for other purposes 3/6/2009 3/6/2009 No No No
P.L. 111-7, A bill to designate the facility of the United States Postal Service located at 2105 East Cook Street in Springfield, Illinois, as the “Colonel John H. Wilson, Jr. Post Office Building” 2/26/09 3/9/2009 Yes No No
P.L. 111-8, The Omnibus Appropriations Act, 2009 3/11/2009 3/11/2009 No 3/6/2009 No
P.L. 111-9, To extend certain immigration programs 3/18/2009 3/20/2009 No No No
P.L. 111-10, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes 3/19/2009 3/20/2009 No No No
P.L. 111-11, The Omnibus Public Land Management Act of 2009 3/30/2009 3/30/2009 No 3/30/2009 No
P.L. 111-12, The Federal Aviation Administration Extension Act of 2009 3/24/2009 3/30/2009 Yes No No
P.L. 111-13, The Generations Invigorating Volunteerism and Education Act 4/20/2009 4/21/2009 No No No
P.L. 111-14, To designate the United States courthouse under construction at 327 South Church Street, Rockford, Illinois, as the “Stanley J. Roszkowski United States Courthouse” 4/14/2009 4/23/2009 Yes No No
P.L. 111-15, The Special Inspector General for the Troubled Asset Relief Program Act of 2009 4/14/2009 4/24/2009 Yes No No
P.L. 111-16, The Statutory Time-Periods Technical Amendments Act of 2009 4/30/2009 5/7/2009 Yes No No
P.L. 111-17, A joint resolution providing for the appointment of David M. Rubenstein as a citizen regent of the Board of Regents of the Smithsonian Institution 4/28/2009 5/7/2009 Yes No No
P.L. 111-18, A bill to repeal section 10(f) of Public Law 93-531, commonly known as the “Bennett Freeze” 4/28/2009 5/8/2009 Yes No No
P.L. 111-19, The Civil Rights History Project Act of 2009 4/30/2009 5/12/2009 Yes No No
P.L. 111-20, The Protecting Incentives for the Adoption of Children with Special Needs Act of 2009 5/5/2009 5/15/2009 Yes No No
P.L. 111-21, The FERA 5/19/2009 5/20/2009 No No No
P.L. 111-22, The Helping Families Save Their Homes Act of 2009 5/20/2009 5/22/2009 No No No
P.L. 111-23, The Weapon Systems Acquisition Reform Act of 2009 5/21/2009 5/22/2009 No 5/14/2009 No
P.L. 111-24, The Credit Cardholders’ Bill of Rights Act of 2009 5/20/2009 5/22/2009 No 5/14/2009 No
P.L. 111-25, The Ronald Reagan Centennial Commission Act 5/21/2009 6/2/2009 Yes No No
P.L. 111-26, To designate the facility of the United States Postal Service located at 12877 Broad Street in Sparta, Georgia, as the “Yvonne Ingram-Ephraim Post Office Building” 6/9/2009 6/19/2009 Yes No No
P.L. 111-27, To designate the facility of the United States Postal Service located at 300 East 3rd Street in Jamestown, New York, as the “Stan Lundine Post Office Building” 6/9/2009 6/19/2009 Yes No No
P.L. 111-28, To designate the facility of the United States Postal Service located at 103 West Main Street in McLain, Mississippi, as the “Major Ed W. Freeman Post Office” 6/9/2009 6/19/2009 Yes No No
P.L. 111-29, To designate the facility of the United States Postal Service located at 3245 Latta Road in Rochester, New York, as the “Brian K. Schramm Post Office Building” 6/9/2009 6/19/2009 Yes No No
P.L. 111-30, The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act 6/19/2009 6/19/2009 No No No
P.L. 111-31, The Family Smoking Prevention and Tobacco Control Act 6/16/2009 6/22/2009 Yes No No
P.L. 111-32, The Supplemental Appropriations Act, 2009 6/19/2009 6/24/2009 Yes No No
P.L. 111-33, The Native American Heritage Day Act of 2009 6/16/2009 6/26/2009 Yes No No
P.L. 111-34, To designate the Federal building and United States courthouse located at 306 East Main Street in Elizabeth City, North Carolina, as the “J. Herbert W. Small Federal Building and United States Courthouse” 6/19/2009 6/30/2009 Yes No No
P.L. 111-35, To designate the Federal building located at 799 United Nations Plaza in New York, New York, as the “Ronald H. Brown United States Mission to the United Nations Building” 6/19/2009 6/30/2009 Yes No No
P.L. 111-36, The Webcaster Settlement Act of 2009 6/19/2009 6/30/2009 Yes No No
P.L. 111-37, The Veterans’ Compensation Cost-of-Living Adjustment Act of 2009 6/25/2009 6/30/2009 Yes No No
P.L. 111-38, A bill to provide additional personnel authorities for the Special Inspector General for Afghanistan Reconstruction 6/24/2009 6/30/2009 Yes No No
P.L. 111-39, To make technical corrections to the Higher Education Act of 1965, and for other purposes 6/26/2009 7/1/2009 Yes No No
P.L. 111-40, A bill to award a Congressional Gold Medal to the Women Airforce Service Pilots (”WASP”) 6/24/2009 7/1/2009 Yes No No
P.L. 111-41, The Korean War Veterans Recognition Act 7/27/2009 7/27/2009 No No No
P.L. 111-42, Approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes 7/27/2009 7/28/2009 No No No
P.L. 111-43, A bill to provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes 7/30/2009 7/31/2009 No No No
P.L. 111-44, The New Frontier Congressional Gold Medal Act 7/27/2009 8/7/2009 Yes No No
P.L. 111-45, To authorize the Director of the United States Patent and Trademark Office to use funds made available under the Trademark Act of 1946 for patent operations in order to avoid furloughs and reductions-in-force, and for other purposes 7/27/2009 8/7/2009 Yes No No
P.L. 111-46, To restore sums to the Highway Trust Fund, and for other purposes 8/4/2009 8/7/2009 No No No
P.L. 111-47, Making supplemental appropriations for fiscal year 2009 for the Consumer Assistance to Recycle and Save Program 8/6/2009 8/7/2009 No No No
P.L. 111-48, The Miami Dade College Land Conveyance Act 7/31/2009 8/12/2009 Yes No No
P.L. 111-49, The Judicial Survivors Protection Act of 2009 8/3/2009 8/12/2009 Yes No No
P.L. 111-50, To designate the facility of the United States Postal Service located at 46-02 21st Street in Long Island City, New York, as the “Geraldine Ferraro Post Office Building” 8/11/2009 8/19/2009 Yes No No
P.L. 111-51, To designate the facility of the United States Postal Service located at 601 8th Street in Freedom, Pennsylvania, as the “John Scott Challis, Jr. Post Office” 8/11/2009 8/19/2009 Yes No No
P.L. 111-52, To designate the facility of the United States Postal Service located at 2351 West Atlantic Boulevard in Pompano Beach, Florida, as the “Elijah Pat Larkins Post Office Building” 8/11/2009 8/19/2009 Yes No No
P.L. 111-53, The Utah Recreational Land Exchange Act of 2009 8/11/2009 8/19/2009 Yes No No
P.L. 111-54, To designate the facility of the United States Postal Service located at 41 Purdy Avenue in Rye, New York, as the “Caroline O’Day Post Office Building” 8/11/2009 8/19/2009 Yes No No
P.L. 111-55, To designate the facility of the United States Postal Service located at 431 State Street in Ogdensburg, New York, as the “Frederic Remington Post Office Building” 8/11/2009 8/19/2009 Yes No No
P.L. 111-56, To designate the facility of the United States Postal Service located at 123 11th Avenue South in Nampa, Idaho, as the “Herbert A Littleton Postal Station” 8/11/2009 8/19/2009 Yes No No
P.L. 111-57, To designate the facility of the United States Postal Service located at 1300 Matamoros Street in Laredo, Texas, as the “Laredo Veterans Post Office” 8/11/2009 8/19/2009 Yes No No
P.L. 111-58, To designate the facility of the United States Postal Service located at 702 East University Avenue in Georgetown, Texas, as the “Kyle G. West Post Office Building” 8/11/2009 8/19/2009 Yes No No
P.L. 111-59, To designate the facility of the United States Postal Service located at 19190 Cochran Boulevard FRNT in Port Charlotte, Florida, as the “Lieutenant Commander Roy H. Boehm Post Office Building” 8/11/2009 8/19/2009 Yes No No
P.L. 111-60, To extend the deadline for commencement of construction of a hydroelectric project 8/11/2009 8/19/2009 Yes No No
P.L. 111-61, Recognizing the service, sacrifice, honor, and professionalism of the Noncommissioned Officers of the United States Army 8/11/2009 8/19/2009 Yes No No
P.L. 111-62, A joint resolution granting the consent and approval of Congress to amendments made by the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to the Washington Metropolitan Area Transit Regulation Compact 8/7/2009 8/19/2009 Yes No No

Week in Review: A School Choice Victory, Earmark Reform, and Drug Violence in Mexico

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Obama Dips a Toe in the Educational Choice Pool

After Congress voted to let the Washington D.C. voucher program expire, stripping 1,700 low-income children of the opportunity to attend private schools, President Obama said he will keep the program afloat in subsequent legislation.

“It wouldn’t make sense to disrupt the education of those that are in that system,” said Robert Gibbs, the White House press secretary. “And I think we’ll work with Congress to ensure that a disruption like that doesn’t take place.”

Andrew J. Coulson, director of Cato’s Center for Educational Freedom, commented on Obama’s decision to continue to extend school choice benefits to underprivileged children in the nation’s capital:

This is a crucial milestone. There is finally a major national Democratic leader who is beginning to catch up to his state-level peers. Democrats all around the country have been supporting and signing small education tax credit programs because they realize that these programs are win-win: good for their constituents and good for their long-term political futures.

In an op-ed that ran the day Gibbs made the announcement, Coulson explained why those who oppose school choice will find themselves on the wrong side of history.

In 2006, Susan Aud and Leon Michos published a report on the fiscal impact of the D.C. voucher program, which documented the success of the District’s school choice pilot, the first federally funded voucher program in the United States.

Obama Signs Earmark-Heavy $410 Billion Omnibus Bill

After signing a bill that had nearly $8 billion in earmarks, President Obama declared that from then on, his administration would work toward earmark reform.

Sounds a bit like St. Augustine’s famous prayer, “Lord, make me chaste but not just yet,” said Daniel Griswold, director of Cato’s Center for Trade Policy Studies:

Recall that as a candidate, Obama said he and Democratic leaders in Congress would change the “business as usual” practice of stuffing spending bills with pet projects. Those earmarks, submitted by individual members to fund obscure projects in their own districts and states, typically become law without any debate or transparency.

Saying he would sign the “imperfect bill,” President Obama offered guidelines to curb earmarks … in the future. “The future demands that we operate in a different way than we have in the past,” he said. “So let there be no doubt: this piece of legislation must mark an end to the old way of doing business and the beginning of a new era of responsibility and accountability.”

Lord, make us fiscally responsible, but not just yet.

Meanwhile, Republican leaders are condemning the president’s expansion of the federal government. But do they have any standing to judge? Senior Fellow Michael D. Tanner said no:

The Bush administration’s brand of big-government conservatism was, at the very least, the greatest expansion of government from Lyndon Johnson to, well, Barack Obama.

For Cato’s policy recommendations on earmarked spending, see the “Corporate Welfare and Earmark Reform” chapter in the 2009 Cato Handbook for Policymakers.

Violence Spills into the U.S. from Mexico’s Drug War

With daily reports of increased violence coming from Mexico, Cato Vice President for Defense and Foreign Policy Studies Ted Galen Carpenter said the brutality is an indicator of power and arrogance, not desperation, and asserts that gun restrictions in the U.S. will not subdue violence:

The notion that the violence in Mexico would subside if the United States had more restrictive laws on firearms is devoid of logic and evidence. Mexican drug gangs would have little trouble obtaining all the guns they desire from black market sources in Mexico and elsewhere…

… Even assuming that the Mexican government’s estimate that 97 percent of the weapons used by the cartels come from stores and gun shows in the United States-and Mexican officials are not exactly objective sources for such statistics-the traffickers rely on those outlets simply because they are easier and more convenient, not because there are no other options.

Carpenter spoke at a Cato policy forum last month, and explained why the war on drugs sparks such intense levels of violence.

In a Policy Analysis published in early February, Carpenter warned of the need to change our policy on the Mexican drug conflict, so as to prevent the violence from spreading across the border.