Orphaned Earmarks Act
Mr. President, I rise to join my friend from Oklahoma to talk about a commonsense piece of legislation. I come to the floor pretty often to talk about the deficit, and I wish to talk about something very specific we can do to address this…
Mr. President, I rise to join my friend from Oklahoma to talk about a commonsense piece of legislation. I come to the floor pretty often to talk about the deficit, and I wish to talk about something very specific we can do to address this matter. The Orphaned Earmarks Act would rescind earmarks that remain 90 percent or more unused 9 years after being appropriated.
In early January, USA Today published an article examining 20 years of earmarks that have not been spent. According to the analysis: ``In at least 3,649 of those earmarks, not a single dollar had gone toward its intended purpose'' and ``Many of the orphan earmarks also count against a state's share of federal highway funds and have taken billions of dollars away from state transportation departments across the nation.''
During the past 20 years, orphan earmarks reduced the amount of money States would have received in Federal highway funding by almost $7.5 billion. That is $7.5 billion that States could have used to replace obsolete bridges, repair aging roads, and bring jobs to rural areas.
As all of us know, when lawmakers earmark money, even if it is never spent for pet highway projects, that money still reduces what States receive from the Federal Government. In my own State of Alaska, $187 million in funding was lost out in the past 20 years because of orphaned earmarks.
I know some of my colleagues are concerned about States losing out on money we all could use, especially these days, but let's not worry. I don't want to take away your earmarks that help communities in need and help create jobs. We are talking about earmarks that have been abandoned for more than 10 years and are just sitting there like uncashed checks. Dr. Coburn and I have addressed this in our legislation. We have built in a 12-month period--I repeat, a 12-month period--for agency heads to make sure earmarks can be used before rescinding.
On that note, I wish to make something else clear. I do not personally support an earmark moratorium. I know my friend from Oklahoma and I disagree on this earmark funding, but I believe it is vital to my home State of Alaska. We have unique needs and have relied on this critical funding from day one to support health, safety, and jobs. What I have a problem with is wasteful spending that could have otherwise been used for a project or to cut the deficit.
Our legislation requires the Director of OMB to submit to Congress and publicly post on the OMB Web site an annual report that includes a listing and accounting for earmarks with unobligated balances summarized by agencies, including the amount of the original earmark, the amount of the unobligated balances, and the year the funding expires; the number of rescissions resulting from this section and the annual savings resulting from this section for the previous fiscal year; finally, a listing and an accounting for earmarks provided to Federal agencies scheduled to be rescinded at the end of the current fiscal year.
Senator Feingold offered an amendment last March to the FAA bill to rescind any DOT earmarks that remained 90 percent or more unobligated for 9 years after being appropriated, with the possibility of holding funds 1 more year for earmarks the agency head believed would be funded within 12 months. Because Senator Feingold had modified the legislation to reflect concerns by Senator Boxer and Senator Murray, the Senate voted 87 to 11 to pass this amendment. However, as we all know, the FAA bill did not pass last year.
The Coburn-Begich bill is modeled after a Bush administration proposal from 2008 and would have rescinded any highway and bridge earmark funds from the 1998 highway bill, TEA-21, that had less than 10 percent of the funds spent or obligated. That proposal would have saved about $626 million, including $389 million in 152 earmarks that had no funding obligated a decade after passing. The Coburn-Begich bill targets all orphaned earmarks, not just those in the highway bill.
Let me conclude. I know my friend from Oklahoma is here to speak as well. I will tell my colleagues that when I became mayor in 2003 in Anchorage, AK, we looked at what all of our bonds voters had voted on year-in and year-out, and we looked at all the projects. What we found was that sizable amounts were being spent on projects where they were intended, but there was another percentage that for years had just been lying there for a variety of reasons. Maybe the project didn't pan out, maybe they didn't get enough money from another source or the project just vanished from the books because of public opposition to it. But what we found was we were passing bonds for projects that never went forward. So we cleaned the bonds up when I was mayor.
Then we did one other thing which I think this legislation now on the Federal level really focuses on, not only to make sure we clean up the books but also, when you have money, to make it very clear that we need to spend the money on the project for which it was identified. We made sure those projects that were on that bond, that voters voted for, that they put their taxpayer
money toward, that 75 percent or more of those projects would be completed or substantially underway by the end of the year. That was important to make sure taxpayers knew their dollars were being used-- not just forwarded or put away in an account somewhere and not having a project that they thought was happening.
So I think this is a good piece of legislation. It brings fiscal responsibility to the money that is out there. When we think about it, if we have a piece of legislation, an earmark, that has not been utilized--90 percent of it not utilized for 10 years or more--there is no reason we should have that money in some bank account in some agency somewhere hidden away. It should come back and go toward the deficit.
So I yield the floor at this time for my colleague from Oklahoma. I am honored to be able to join him in this effort to bring--I will use my words--fiscal sanity to this effort of trying to figure out how to manage this Federal Government's budget in a better way.
Mr. President, I wish to thank the Senator from Oklahoma for joining me. I will tell my colleague, whether you look at--you are right, this should not be controversial. It should be easy. I mean, it is like if you receive a check and it sits there for 10 years, I can guarantee my colleagues, if you are in private business, as I have been, you have written that off already. It is gone. In this situation, what we are saying is that there is $500 million--I think you are right; when it is all tallied up, it is probably closer to $1 billion-- sitting out there. We did this once before. We had great support on a much more narrow focus. If we did this on a regular basis, the opportunity is unlimited.
I wish to thank the Senator. I have sat in the Presiding Officer's chair many times and listened to the presentations of the Senator from Oklahoma regarding the budget. We may not always agree, but when we find agreements, here is an opportunity. This is an easy one, by the way. There are others, as the Senator knows and I know, regarding surplus property the Federal Government has that is under incredible disrepair, not being realized. From my real estate experience, I have seen this, and there is an enormous amount
of resources there that could be turned back to the private sector for future development. That could actually grow this economy.
Mr. President, if the Senator will yield, as someone who has been in the real estate business for almost 30 years, there is enormous opportunity. I know that when I was mayor, we put more of the lands--we are not talking parks; we are talking about just surplus old buildings and sites that are no longer in use--we put them back into operation because not only will it save the Federal Government money in the sense of getting that surplus property off the books, but what we end up doing is turning that into economic development companies for those communities. The private sector will come in and revitalize it and use it. There are many ideas out there.
I thank the Senator for the opportunity to sponsor this with him. As the Senator said, $500 million is the minimum. I think it is close to $1 billion just on this one idea.
I yield the floor.