Mr. President, at the beginning of this Congress, I committed to adding transparency and accountability to the process of earmarking funds for specific projects. I see my friend from Mississippi here, the ranking member, on the Senate…
Mr. President, at the beginning of this Congress, I committed to adding transparency and accountability to the process of earmarking funds for specific projects.
I see my friend from Mississippi here, the ranking member, on the Senate floor. I will say that again. Hear me.
At the beginning of this Congress, I committed to adding transparency and accountability to the process of earmarking funds for specific projects. While awaiting action by the Congress on ethics reform legislation, Senator Cochran, the able and very highly respected Senator from Mississippi who is on the Appropriations Committee, Senator Cochran and I--Senator Cochran is on the Senate floor at this point, I say for the record--Senator Cochran and I established rigorous standards for increasing such transparency. Based on those standards, the Appropriations Committee has reported, on a bipartisan basis, 11 appropriations bills that have identified the earmarks, and who--in other words, what Senator--requested them, meaning the earmarks.
We have required and we have received certification letters from every Senator who has an earmark that he or she and/or their spouses-- meaning he or she and/or his or her spouse--that they have no financial interest in their earmarks. We are talking about Senators, 100 of them, who sit in this Chamber.
I want to say that once again. We, meaning the Senate Appropriations Committee, have required and received certification letters from every Senator who has any earmark--that Senator and his or her spouse--that they have no financial interest in their earmarks. Is that clear?
I have always maintained the highest standards. I will say that again. I have always maintained the highest standards for myself, Robert C. Byrd, myself, and for my staff, on ensuring that there are no conflicts of interest for
earmarks that I include in any legislation. Consistent with the standards that we established for the appropriations process, S. 1 now establishes a new Senate rule that will impose requirements for transparency and accountability for all bills.
In establishing these rules, the public should not conclude that the rules are somehow a sanction on the Congress for wasteful spending. In recent months there has been considerable attention to the issue of the earmarking of funds by Congress for specific projects. Some Members have asserted that all earmarked funding is wasteful spending or an abuse of power. All Senators endeavor--they had better. All Senators endeavor to weed out wasteful spending. But this notion that earmarked spending is inherently wasteful spending is flat-out wrong.
I am going to say that again. Hear me.
Some Members have asserted that all earmarked funding is wasteful spending or an abuse of power. Hogwash. All Senators endeavor to weed out wasteful spending. But this notion that earmarked spending is inherently wasteful spending is flat-out wrong. This notion that earmarked spending is inherently wasteful spending is flatout wrong.
Congress has the power of the purse and has had the power of the purse. That is the only real power that we Senators and Members of the other body and the President have. Congress has the power of the purse.
Since the beginning of the Republic, Congress has allocated money to specific projects and purposes. Did you get that? Listen.
Since the beginning of the Republic, Congress has allocated money to specific projects and purposes. For example, in 1798, $3,500 was appropriated for firewood and candles for the Treasury Department, and $454.41 was appropriated for rent of a house near Grays Ferry on the Schuylkill River.
Earmarks are arguably the most criticized and the least understood of congressional practices. There is nothing inherently wrong with an earmark. There is nothing inherently wrong with an earmark. An earmark is an explicit direction from the Congress about how the Federal Government should spend the people's money. It is absolutely consistent with the intentions of the Framers, codified in article I of the Constitution of the United States, giving the power of the purse, the power of the purse to the elected representatives of the people.
I shall quote:
All legislative powers herein granted--
That is the Constitution, the Framers speaking, the words of the Constitution--
legislative powers herein granted shall--
not may but shall--
be vested in a Congress of the United States which shall
consist of a Senate and House of Representatives.
Those are the words, the immortal words of the Constitution written by the Framers, the Framers of the Constitution. I quote it again:
All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a
Senate and House of Representatives.
In using this power, Congress has an obligation to be good stewards of the Public Treasury and to prevent imprudent expenditures. Congress has an obligation to guard against the corruption of any--I say any-- public officials who would sell their soul and the trust of their constituency in order to profit from an official act.
But Congress does not err in using an earmark to designate how the people's money should be spent. This is a power. This is a power that does not belong to the President of the United States or to any of the unelected bureaucrats in the executive branch. It belongs where and to whom? It belongs to the people, the people out there on the hills and in the valleys, across this great land. It belongs to the people through their elected representatives in Congress. That is here. Their elected representatives. I am one of them, the elected representatives.
Earmarks are not specific to appropriations bills. Earmarks can be found in revenue bills. Hear me now. Earmarks can be found in revenue bills. You get that? Hear me now. Earmarks can be found in revenue bills as tax benefits for narrowly defined constituencies. Earmarks can be found in authorization bills. Did you get that? On authorization bills. Those are not bills that come out of the Appropriations Committees in the House and Senate; they are authorization bills. They may come out of the Committee on Ways and Means in the other body or out of the Senate Finance Committee. They can be found in authorization bills.
Earmarks can be found in the President's budget request. Hear that now. Listen. Are you listening? Earmarks can be found in the President's budget request. I want to say that again. I want to hear that again. Earmarks can be found in the President's budget request.
Well-intentioned though they may be, the civil servants making budget decisions in the executive, in agencies and offices of the Federal Government, do not understand the communities Senators represent. They do not meet with the constituencies of Senators. They do not know Members' States and their people. They can be a poor judge of what is necessary and what is frivolous from the perspective of the States and the people. These bureaucrats are not elected; therefore, they are not accountable to the people. I will say that once more. These bureaucrats are not elected; therefore, they are not accountable to the people.
If the Congress does not specify how funds are to be spent, then the decision falls to the executive branch--the executive branch--and the so-called experts at agencies to determine the priorities of this Nation. In such cases, the American people may never know who is responsible for a spending decision. The American people may never know how a spending decision is made. The American people may never hear anything about it. And with the executive bureaucrats, there is far less accountability to the people.
Critics of congressional earmarks--hear me--critics of congressional earmarks often overlook the success stories from earmark spending directed by Congress. Now, listen. Listen, all you skeptics, all you cynics, wherever you are. Do you hear me, the skeptics and the cynics? Congressional earmarks often overlook the success stories from earmark spending directed by Congress.
Let me give an example of earmark spending. Hear me. In the 1969 Agriculture appropriations bill, Congress earmarked funds for a new program to provide critical nutrition to low-income women, infants, and children. This program--are you listening? This program, which is now known as the WIC Program, has since provided nutritional assistance to over 150 million women, infants, and children, a critical contribution to the health of the Nation. That, I say, that is not--n-o-t--wasteful spending.
In 1969 and 1970, Congress earmarked $25 million for a children's hospital in Washington, DC--that is here in Washington, DC, a children's hospital--even overcoming a Presidential veto. In 1969 and 1970, Congress earmarked $25 million for a children's hospital in Washington, DC, even overcoming a Presidential veto. That funding resulted in the construction of what is now known as the Children's National Medical Center. That started out with an earmark, the Children's National Medical Center. The hospital has become a national and international leader in neonatal and pediatric care. Since the hospital opened, over 5 million children have received health care. Last year, Children's Hospital treated over 340,000 young patients and performed over 10,000 surgeries, saving and improving the lives of young children. That is not wasteful spending.
Let me go on. In 1983, Congress earmarked funds for a new emergency food and shelter program. In 2005 alone, the program served 35 million meals and provided 1.3 million nights of lodging to the homeless. The homeless. Have you ever been homeless? That is not wasteful spending.
I ask unanimous consent that I may proceed for an additional 20 minutes.
I thank the Chair, and I thank all Senators.
In 1987, Congress earmarked--hear me--funds for the mapping of the human gene. This project became known as the human genome project. This research has led to completely new strategies for disease prevention and treatment. The human genome project has led to discoveries of dramatic new methods of identifying and
treating breast cancer, ovarian cancer, and colon cancer. I will say that once more: The human genome project has led to discoveries of dramatic new methods of identifying and treating breast, ovarian, and colon cancer, saving many, many lives. Senators, hear me: This is not wasteful spending.
In 1988 and 1995, Congress earmarked funds for the development of unmanned aerial vehicles. I have to say that once more. In 1988 and 1995, Congress--that is us, your representatives, out there in the land, in the hills and valleys of this country--earmarked funds for the development of unmanned aerial vehicles. These efforts produced the Predator and the Global Hawk, two of the most effective assets that have been used in the global war on terror. This is not wasteful spending. I am talking about earmarks, the word ``earmarks.'' A lot of things have been said about the word ``earmarks.''
Each of these earmarks was initiated by Congress and produced lasting gains for the American people--not for me, not for you, but for all of us, the American people. In the rush to label earmarks as the source of our budgetary woes and amid calls to expand the budgetary authorities of the President, Members should remember why deficits have soared to unprecedented levels. Senators will recall that the President has not exercised his current constitutional authority. The President has not submitted a single rescission proposal under the Budget Act. The President has signed every regular appropriations bill that has produced the unprecedented growth in earmarks. What has wrought these ominous budget deficits is the administration's grossly flawed and impossible budget assumptions.
The war in Iraq has required the Congress--that is us--to appropriate $450 billion--billion, I say, billion dollars; there have been approximately 1 billion minutes since Jesus Christ was born; so the war in Iraq has required the Congress to appropriate $450 for every minute since Jesus Christ was born. I am talking about the war in Iraq. I didn't get us into that war. I was against going into Iraq. The war in Iraq has required the Congress to appropriate $450 billion of the people's money. Only 2 to 3 percent of discretionary funds is earmarked. Earmarking is hardly the fiscal wedge driving the deficit. Rather than dealing with these fiscal failures, too many would rather propagate specious argument that enlarging the President's role in the budget process and doing away with congressional earmarks will somehow magically reduce these foreboding and menacing deficits. It will not.
There is no question that the earmarking process has grown to excessive levels in recent years. From 1994 to 2006, the number of earmarks nearly tripled. Between 1956 and 2002--I was here during all of those years--Congress passed 20 highway bills that contained a total of 739 earmarks. In 2005, the Republican Congress passed and the President signed a single highway bill that contained 5,000 earmarks. Talk about earmarks. There is no question that the earmarking process has run amok. There was a single highway bill that contained 5,000 earmarks. This kind of excess in earmarking must end. It must go. That is why the Appropriations Committee took the lead to add transparency and accountability to the process.
In the joint funding resolution for fiscal year 2007, enacted in February, we implemented a 1-year moratorium on earmarks for fiscal year 2007. In that joint resolution, we eliminated over 9,300 earmarks from the fiscal year 2006 bills and reports. No new earmarks were contained in the bill for fiscal year 2007. While awaiting final action on S. 1, the Appropriations Committee took the lead by establishing guidelines for approving earmarks in the fiscal year 2008 bill. The Appropriations Committee has reported 11 of the 12 appropriations bills. For earmarks contained in the fiscal year 2008 bills and reports, the committee reports identify the names of any Member making a request or, where appropriate, the President, and the name and location of the intended recipient of such earmark.
Let me say that once again. The Appropriations Committee has reported 11 of the 12 appropriations bills. For earmarks contained in the fiscal year 2008 bills and reports, the committee reports identify the name of the Member--maybe it is Robert C. Byrd; perhaps it could be the distinguished Arlen Specter from Pennsylvania, a great Senator--making the request or, where appropriate, the President, Mr. Bush, and the name and location of the intended recipient of such earmark.
For each earmark contained in the fiscal year 2008 bills and reports, a Member is required to certify in writing that he or she has no pecuniary interest in such earmark, consistent with Senate rule XXXVII, paragraph 4. Such certifications are available to the people, the public. All committee bills and reports, including all of the above information, are available to the people, available to the public, on the Internet and in printed form prior to floor action, meaning action here on this Senate floor.
Through the 11 committee reports, we have identified over 5,700 earmarks, totaling about $28 billion. Of the $28 billion in earmarks, over $23 billion, or over 80 percent of the earmarks, was requested by the President. Now, let me say that once again, please. Through the 11 committee reports, we have identified over 5,700 earmarks, totaling about $28 billion. Of the $28 billion in earmarks, over $23 billion, or over 80 percent of the earmarks, was requested by the President--the President of the United States, President Bush.
The level of nonproject-based earmarks is a substantial reduction below the level approved for 2006. We are not hiding these earmarks. We are highlighting them for the scrutiny of the American people. We are accountable for the decisions in these bills and reports.
The status quo is not satisfactory, and the Appropriations Committee has taken the lead in adding transparency and accountability to the process. Eliminating waste and abuse in the Federal budget process is important. Protecting the character and design of the Constitution is essential. Get it, get it, now. Let us not lose our heads--but keep our heads on our shoulders--let us not lose our heads, and subsequently the safeguards of our rights and liberties as American citizens.
S. 1 strikes the right balance. I urge its adoption.
Madam President, I have a parliamentary inquiry: Section 511 of S. 1 amends rule XXVIII concerning out-of-scope matter in conference reports, and section 521 establishes a new rule XLIV concerning congressionally directed spending in all legislation pending before the Senate. Specifically, section 521 contains rules concerning new congressionally directed spending that might be included in a conference report.
Madam President, am I correct that points of order concerning new directed spending will be considered pursuant to the new rule XLIV, rather than the amended rule XXVIII?
Excuse me, Madam President.
I will repeat that. Am I correct that points of order concerning new directed spending will be considered pursuant to the new rule XLIV, rather than the amended rule XXVIII?
I thank the Chair.
Inquiring further, Madam President, am I correct that in paragraph 8(e) of the new rule XLIV--the new rule XLIV--the term ``measure'' refers to the bill or amendment committed to the conferees by either House, and not to the statement of managers?
I thank the Chair.
Inquiring further, Madam President, the new rule XLIV requires the chairman--this is the new rule XLIV--requires the chairman of the committee of jurisdiction to certify that mandated information on congressionally directed spending, limited tax benefits, and limited tariff benefits is available on a publicly accessible congressional Web site at least 48 hours before a vote?
I thank the Chair.
Am I correct, Madam President, that the Parliamentarian will rely on that certification for determining compliance with paragraphs 1, 2, and 3 of rule XLIV?
I thank the Chair.
Madam President, I yield the floor.