Department Of The Interior, Environment, And Related Agencies Appropriations Act, 2010

Floor Speech

Date: Sept. 23, 2009
Location: Washington, D.C.

Department Of The Interior, Environment, And Related Agencies Appropriations Act, 2010

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Mrs. McCASKILL. Madam President, the amendment I will be offering speaks to what I see as a very fundamentally flawed process in our appropriations in Congress. I am not in the majority in this body as it relates to the subject of earmarks. I realize I am one of very few in my party and a few more but not a whole lot on the other side of the aisle who do not participate in the earmarking process.

I hope my amendment is calling attention to how this process is flawed and why we need to change the process. There are many problems with the process, but two of them I am going to speak briefly about today.

One, the process is fundamentally unfair. It is rather mysterious how much money gets set aside for earmarks and who does it and where it happens. It is even more mysterious as to how the decision is made as to how the earmarks are distributed among the Members.

I point out that in looking at the appropriations bills that we have handled so far, it is very clear that the process is heavily weighted toward the Members who serve as appropriators. I get that. That is part of the culture that has grown up around earmarking; that is, if you are an appropriator, you are entitled to get more. I am not sure that is a good way to spend public money, but I think it is important to point out that is the process.

Fifty percent of all the earmarks in this bill are going to the members of the committee. Last week, it was even more egregious. I don't think most Members realized when we voted on the T-HUD bill, the Transportation, Housing and Urban Development bill last week, that in the Transportation part of the bill, there was $1.6 billion in earmarks.

Over 50 percent of that money went to four Members, four States. So out of 50 States, four States got more than half of all the money. Well, when I tell that to people in Missouri, they say: Huh? How does that happen? How can that happen? And I frankly don't have a very good answer for them.

The other problem I wish to call to the attention of my colleagues today is not just the process as it relates to how earmarks are distributed but where these earmarks come from. This money is not growing on a secret tree somewhere that we are harvesting. It is coming out of programs. It is coming out of budgets. One of the things I found most troubling is that many of these earmarks are coming out of competitive grant programs or formula grant programs.

Formula is a formula because there is a way that is predictable about how the money is distributed--based on the size of the State, based on population; depending on the program, based on geography. It is a formula everybody understands. Taking money out of a formula to fund earmarks takes it from a predictable process based on merit to a very unpredictable process based on who you are.

The same thing with competitive grant programs. Competitive grant programs are ones where merit is supposed to rule the day based on criteria
set forth. The amendment I will offer basically wipes out the earmarks in one of these competitive grant programs. The program I am referring to is a great program--it is called Save America's Treasures. It was created by executive order in 1998. It is a public-private partnership, and there are specific criteria as to what a project has to have in order to qualify for this money--$20 million.

This is a small example. I admit this is not going to change anything, as we keep talking about bending the cost curve, but it is a great example of what I am talking about. It began as a competitive program and it has begun to morph into something more than a competitive program because now half of the money this year will be earmarked, leaving only $10 million for a competitive program.

So if your State doesn't get an earmark, either in the House or the Senate, in the bill, then the chances of your State getting any money out of this program have been cut in half. It is only $10 million for the entire country for these grants which are to restore America's historic treasures across the country. That is a problem.

Is this an isolated problem? No. No. In fairness to this subcommittee, this is a little problem compared to some of the other competitive grant programs that have been raided for earmarking. The hijacking of public money for earmarking from the competitive grant bus is going on everywhere, and let me give another couple of examples.

Last week, when we did the Transportation, Housing and Urban Development Appropriations bill, there were two good examples. They are programs that began to provide competition to valued programs across the country. The first one is the Neighborhood Initiatives at HUD, the Housing and Urban Development Department. In 1998, Congress created this program. The interesting thing is it was created to help people who were doing welfare-to-work projects. Great intentions; great program.

Ironically, HUD began granting these awards to people based on the competitive criterion that Congress had given them. Congress passes the program, funds the program, and tells HUD these are the competitive bases on which you should make these grants. There were no earmarks in the program at all in 1999--none--after Congress created the program. Beginning in 2001, however, every dime in this program under the Neighborhood Initiatives Program has gone to earmarks. Once again, a competitive merit process morphs over into a completely earmarked process.

How about another example of a program--the Economic Development Initiative, also in HUD. Congress introduced the program in 1994; once again, a congressional program. Funds were to be awarded competitively, and for the first couple of years they were. EDI funds were awarded competitively. Congress started earmarking the account beginning in 1998. By 2001, the entire account was earmarked. So Congress began it as a good idea, and said do it competitively. By 2001, competition was gone.

Ironically, the statute that sets out the criteria for competitive EDI is still on the books. It is still in the law, but we no longer follow it because there has been a decision to morph that competitive program into an earmark program. I think that competition is a good thing, and this isn't about a bureaucrat somewhere sprinkling fairy dust and supplementing their judgment for the judgment of Congress.

In fact, the examples I have given are programs that were designed to be competitive, and in two or three instances they were designed to be competitive by Congress itself and then somehow they have morphed over into a pecking order of priorities based on someone's seniority or the committee they serve on, or even if they are in some political trouble. It seems to me a goofy way to spend money, especially the public's money.

I ask my colleagues to consider this amendment. All it does is restore the program to a competitive basis and allow every State to compete on the same basis for the money in that competitive program. When the time is right, I will call up the amendment, once the rules allow me to do so.

I yield the floor.

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Mrs. McCASKILL. Mr. President, this amendment is a very small step. It restores a competitive grant program--a small competitive grant program. Over the last decade, competitive and formula grant programs have been decimated by earmarking. Earmarks have become more transparent under reforms that have been made, and that is great. Is the process still fair? No, probably not. The lion's share of the earmarks in this bill, in this program, and in all of the appropriations bills go to the very few Members who serve on one committee. This will allow us to put this money back into a competitive process so all the States in the Nation have an equal opportunity to participate.

Thank you, Mr. President.

I ask for the yeas and nays.

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