
House Battle over Earmarks Procedure Resolved
by Sam Kim, 6/25/2007
A fiercely partisan impasse in the House was resolved on June 14 when Appropriations Chair David Obey (D-WI) and Minority Leader John Boehner (R-OH) reached a comprehensive procedural agreement following months of confusion and vituperation over the chamber's earmarks disclosure and approval process. The agreement outlines rules for consideration of earmarks for the House to follow for each of the 12 FY 2008 appropriations bills and appears to be operating smoothly thus far: on June 21, the House Appropriations Committee approved the lists of earmarks for two spending bills by voice votes.
In late May, Obey announced he would ignore the January reforms adopted by the House requiring that earmarks and their sponsors be identified in spending bills when they are introduced. Instead, he said he would delay inserting earmarks into spending bills until conference, when they can no longer be removed from the bills by amendment. Obey argued he needed several months to vet and sign off personally on over 32,000 earmarks requests, after which point full review on the House floor of the earmarks he approved would be impractical and unnecessary.
Obey's decision and reasoning set off a furious reaction among House Republicans and advocacy groups who argued such a procedure effectively insulated earmarks from any meaningful legislative review, a reversal of practice in the 109th and earlier GOP-dominated Houses and quite contrary to Democratic pledges to bring transparency to the House. National media outlets covered the issue, the New York Times alone writing three stories on it in the space of a week.
After two weeks in which Obey was subject to increasingly intense criticism and changed his position a couple of times — consenting to publish earmarks during the August recess but not allow them to be amended or removed — he and Boehner entered discussions on procedures that would quell the tempest. Within 48 hours, after the House GOP leadership prematurely announced a deal at a press conference, the Democratic leadership confirmed the following agreement:
- Homeland Security: No earmarks will be included in this bill.
- Military Construction-VA: No earmarks will be included in this bill until conference, but challenges to earmarks added to the bill during conference negotiations will be permitted.
- Energy-Water: No earmarks have been included in this bill, but the House will incorporate a package of earmarks prior to a vote on the floor.
- Financial Services: The bill, already adopted by the Appropriations Committee without earmarks on June 11, was remanded to the committee and marked-up with earmarks added on June 21.
- Interior-Environment: The bill, adopted by the Appropriations Committee without earmarks on June 11, will be accompanied by a supplemental report detailing specific earmarks.
- The remaining seven bills: Earmarks, if any, will be included in these bills when they reach the House floor and, therefore, subject to amendment.
