Senate Passes DeMint Amendment to Stop Backdoor Earmarks

Press Release

Date: Oct. 16, 2007
Location: Washington, DC


Senate Passes DeMint Amendment to Stop Backdoor Earmarks

Today, U.S. Senator Jim DeMint (R-S.C.) made the following remarks after the Senate unanimously adopted his amendment to stop secret backdoor earmarks at agencies that receive funding under the Fiscal Year 2008 Commerce, Justice and Science Appropriations bill. The legislation prohibits federal agencies from violating their merit-based funding processes to fund a backdoor earmark requested by lawmakers.

"If politicians can't get Congress to pass their earmark, they shouldn't be able to pick up the phone and pressure a federal agency to spend tax dollars on wasteful pork projects," said Senator DeMint. "Federal agencies are supposed to fund projects based on merit, but some politicians use their clout to circumvent this competitive process to force funding to special interests. This is a bad practice and it must stop."

The DeMint amendment prohibits the practice of Members of Congress pressuring government officials with undisclosed phone calls and letters to fund pet projects that would not be selected by the merit-based allocation process and were not included as part of legislation passed by the Congress and signed by the President.

As more earmarks have come under greater scrutiny, some lawmakers have decided to circumvent the legal process by secretly pressuring agencies to allocate funds for their favored projects. In a Washington Post article earlier this year entitled "In the Democratic Congress, Pork Still Gets Served," the practice was clearly outlined:

"Phonemarking is another way lawmakers are trying to secure money for projects outside of the new congressional appropriations process by going directly to federal agencies.

After the House finished with the Energy Department spending bill, [Democrat Senate Majority Leader Harry] Reid sent a letter to Energy Secretary Samuel W. Bodman on Feb. 1, saying that there were no earmarks. Then came a "however."

Reid, as a senator from the electricity-needy West, noted that the legislation set aside $300 million in new money for research in energy efficiency and renewable energy and suggested that some money be used to reverse the administration's original plan to end its geothermal-energy research program.

Reid demanded that the administration fund the geothermal program at 2006 levels or higher. ‘Geothermal energy has the potential to cleanly and renewably satisfy the new electricity needs of the West,' he wrote.

Reid also asked the administration to expand a federal loan program to include geothermal research projects. Other lawmakers, from both parties, inundated the Energy Department with similar requests.

Democrats slammed such practices when Republicans ruled the House, but such calls and letters have not let up in the Democratic Congress, executive branch officials said."

The DeMint amendment is consistent with the previously stated White House position. Former Office of Management and Budget Director Rob Portman stated in a memorandum earlier this year to all federal agencies that, "While the Administration welcomes input to help make informed decisions, no oral or written communication concerning earmarks shall supersede statutory criteria, competitive awards, or merit-based decision-making..."


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