Momentum for earmarks grows with Dem majority

With Democrats back in control of the House after eight years of Republican control, there is strong support for reviving earmarks — the power to direct money on pet projects — which caused a major scandal in Congress during the George W. Bush years.

Senate and House lawmakers from both parties predict there will be a serious push to bring back earmarks once the government shutdown is finally over — with one exception.

Earmarks is a dirty word, so if the specially allocated funds return, they will be referred to as “congressionally directed spending.”

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Support for bringing back earmarks is not unanimous, but it is growing in both parties as Republicans and Democrats alike say too much power has shifted to the presidency.

“When you discontinue earmarks, you’re saying the administration can better spend the money in my district. They know best what we need,” said Rep. Emanuel Cleaver (D-Mo.).

He said it is “not just some, it is the majority” in the House Democratic Caucus that back ending the earmark ban.

“Based on what I’m hearing, on the other side, they too believe it was a mistake to discontinue earmarks,” he said of his GOP colleagues.

At the same time, he says the internal discussions have been muted because of the partial government shutdown.

“This is not a good time to talk about earmarks,” he said.

Other lawmakers also expressed support for bringing back earmarks.

Rep. Jan SchakowskyJanice (Jan) Danoff SchakowskyCongress has questions for Google's 'Sensorvault' Democratic proposals to overhaul health care: A 2020 primer Bipartisan group asks DHS, ICE to halt deportations of Iraqi nationals MORE (D-Ill.), a longtime ally of Speaker Nancy PelosiNancy Patricia D'Alesandro PelosiTrevor Noah on lack of Pelosi nickname from Trump: 'There is a reverence for her' Trump says he would challenge impeachment in Supreme Court The Hill's Morning Report - Will Joe Biden's unifying strategy work? MORE (D-Calif.), said “it’s definitely worth a review.”

“The idea of member-directed funds, I think it’s a good idea. I know that I was always proud to have press conferences and press releases on all the things I did,” she said.

Schakowsky said the Democratic caucus should “have that conversation” after the shutdown ends.

Republican Rep. Hal RogersHarold (Hal) Dallas RogersMomentum for earmarks grows with Dem majority On The Money: GOP shrugs off Trump shutdown threat | Trump warns Japan ties could sour over trade | US businesses add 163k workers in August | House GOP huddles on 'tax cut 2.0' GOP shrugs off Trump shutdown threat MORE (Ky.), who served as chairman of the House Appropriations Committee from 2011 to 2017, when the earmark ban was in effect, says there is now “very substantial” support in the House GOP conference for ending it.

“I would favor that. I think I know more about my district than an executive branch bureaucrat who’s never been to Kentucky, and it’s in the Constitution,” he said.

Sen. Lisa MurkowskiLisa Ann MurkowskiOn The Money: Cain withdraws from Fed consideration | Says he didn't want 'pay cut' | Trump sues to block subpoena for financial records | Dems plot next move in Trump tax-return battle Cain withdraws from Fed consideration Cain says he 'won't run away from criticism' in push for Fed seat MORE (R-Alaska), chairwoman of the Energy and Natural Resources Committee, is one of the most outspoken proponents for bringing back earmarks.

She has discussed it with Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Hill's Morning Report - Will Joe Biden's unifying strategy work? Dems charge ahead on immigration Biden and Bernie set for clash MORE (R-Ky.) and other colleagues.

“This is something that was clearly set out in the Constitution as the role of the legislative branch,” she says of the power to direct spending to specific projects. “Nowhere does it say, you think about what these priorities are going to be and then give it up to the [federal] agencies to determine what the priority is.”

House Republican leadership considered ending the earmark ban at the beginning of 2018 but ultimately decided not to.

President TrumpDonald John TrumpDemocrats' CNN town halls exposed an extreme agenda Buttigieg says he doubts Sanders can win general election Post-Mueller, Trump has a good story to tell for 2020 MORE at the time encouraged the return to earmarks, remarking, “I hear so much about earmarks ... and how there was a great friendliness when you had earmarks.”

Congressional earmarks reached their peak in the middle of Bush’s administration, when the fiscal 2005 defense spending bill included 2,506 earmarks worth $9 billion and the energy and water development bill included 2,313 earmarks worth $4.9 billion, according to the Congressional Research Service.

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The proliferation of earmarks fueled the Jack Abramoff lobbying scandal and led to the downfall of former Rep. Randy “Duke” Cunningham (R-Calif.), who was sentenced to eight years in prison after pleading guilty to directing federal spending after receiving bribes from lobbyists.

The explosion in earmarks prompted a backlash that helped Democrats win control of the House in 2006.

Yet the practice continued unabated under former President Obama and a Democratic Congress.

The fiscal 2009 omnibus spending package included 9,000 earmarks totaling $5 billion.

The practice came to a screeching halt in November 2010, after Republicans took control of the House in the Tea Party revolution and Speaker John BoehnerJohn Andrew BoehnerDems charge ahead on immigration Nancy Pelosi had disastrous first 100 days as Speaker of the House Blockchain could spark renaissance economy MORE (R-Ohio) imposed a ban.

Obama declared in his January 2011 State of the Union that “if a bill comes to my desk with earmarks in it, I will veto it. I will veto it.”

But the ensuing six years of Obama’s presidency was one of the most legislatively unproductive stretches in recent years, marked by stalemates over what had previously been considered routine business, such as raising the nation’s debt limit and funding the government.

Opponents such as BoehnerJohn Andrew BoehnerDems charge ahead on immigration Nancy Pelosi had disastrous first 100 days as Speaker of the House Blockchain could spark renaissance economy MORE and former Sen. John McCainJohn Sidney McCainWhy did Mueller allow his investigation to continue for two years? If you don't think illegal immigrants are voting for president, think again 10 factors making Russia election interference the most enduring scandal of the Obama era MORE (R-Ariz.), who died last year, are no longer in Congress to fight the return of earmarks. 

Other senior Republicans such as Senate Appropriations Committee Chairman Richard ShelbyRichard Craig Shelby20 Dems demand no more money for ICE agents, Trump wall Conservatives urge Trump to stick with Moore for Fed Poll: Roy Moore leading Alabama GOP field MORE (Ala.) and Senate Rules Committee Chairman Roy BluntRoy Dean BluntGOP senator: 'No problem' with Mueller testifying The Hill's Morning Report — Mueller aftermath: What will House Dems do now? Graham says he's 'not interested' in Mueller testifying MORE (Mo.) have voiced support for allowing Congress to earmark funds again.

They think that if individual members of Congress have more power to direct federal resources back to their home states and districts, they are more likely to agree to bipartisan compromises and pass bills.

A spokeswoman for Shelby noted that the rules package passed by the new House Democratic majority did not include a prohibition on congressionally directed spending.

“I think it’s not coincidental that the appropriations system and other legislative [process] dramatically deteriorated in their ability to produce a result at the same time that the Congress stopped directing the administration as to how money should be spent,” said Blunt, who also chairs the Senate Republican Policy Committee.

One of the strongest proponents of earmarks is House Majority Leader Steny HoyerSteny Hamilton HoyerDems charge ahead on immigration Julián Castro: Trump should be impeached for trying to obstruct justice 'in very concrete ways' Dems seek to rein in calls for impeachment MORE (D-Md.), who like Pelosi served as a member of the House Appropriations Committee.

Hoyer says earmarks or congressionally directed spending should be allowed, albeit with reforms to make it tougher to secure shady deals for lobbyists or lawmakers’ personal gain.

“I strongly support restoring Congressionally directed spending with the reforms that Democrats put in place when we previously had the majority to ensure transparency and accountability,” he said in a statement to The Hill.

Hoyer noted that when Democrats controlled the House from 2007 to 2010, they adopted reforms to prevent a return to the scandals of Abramoff’s days.

“Those reforms included eliminating projects going to for-profit entities, requiring members to certify that they had no financial interest in their requests, and ensuring that members post all of their requests along with a justification for each project on their congressional websites,” he said.

Hoyer said he and his Democratic colleagues will be “discussing a path forward” in the weeks ahead.

But while there is growing enthusiasm in the House for bringing back earmarks, some Senate Republicans remain skeptical.

“I don’t think there is sentiment among [Senate] Republicans to change our rules and we’re in the majority. I think it’s something that a lot of our members feel strongly about,” said Senate Republican Whip John ThuneJohn Randolph ThuneTelehealth is calling — will Congress pick up? GOP grows tired of being blindsided by Trump Hillicon Valley: Assange faces US charges after arrest | Trump says WikiLeaks 'not my thing' | Uber officially files to go public | Bezos challenges retail rivals on wages | Kremlin tightens its control over internet MORE (S.D.).

Sen. Deb FischerDebra (Deb) Strobel FischerWhy America needs the ability to track enemy missiles from space GOP senators divided on Trump trade pushback Dems accused of seeking revenge for 2013 vote on hurricane relief MORE (R-Neb.) said, “I would have to hear a very, very compelling argument before I could support earmarks and I haven’t heard that right now.”

But she acknowledged, “we have people in our conference who talk about it.”

A spokesman for House Appropriations Committee Chairwoman Nita LoweyNita Sue LoweyTrolling of Bill Barr shows how language is twisted to politics Barr says Mueller report will be released 'within a week' Live coverage: Barr faces House panel amid questions over Mueller report MORE (D-N.Y.) said his boss supports “congressionally directed spending in line with Congress’s Article I powers.”

But Lowey’s aide said a “bipartisan and bicameral agreement will be needed.”