House passes earmark disclosure rule by comfortable margin

Of the 24 Republicans who voted against the rules change, 22 were appropriators.

In a clear demonstration of political reality trumping inside-the-beltway turf wars, the House passed an internal rules change Thursday mandating disclosure of earmark sponsors in tax and spending legislation. The vote was 245-171.

House Appropriations Committee Republicans largely defected from the GOP leadership proposal, arguing the measure unfairly singled out their panel. But cracks in the panel's unity were evident, as 12 Republican appropriators broke ranks with Appropriations Chairman Jerry Lewis, R-Calif., in the end. Combined with 45 Democrats who crossed the aisle, it was more than enough to put the measure over the top.

Pressure from outside interest groups to crack down on earmarks had been building for months, beginning with the scandals surrounding disgraced lobbyist Jack Abramoff and former-Rep. Randy (Duke) Cunningham, R-Calif.

"Will this stop the practice of earmarking? I certainly hope not, I don't want it to, because I believe that earmarking is part of our constitutional responsibility. But it will shine a spotlight on earmarking without grinding the legislative process to a halt," said Rules Chairman David Dreier, R-Calif., who drafted the rules change. "The goal is to increase transparency, disclosure and accountability and the goal is to pull back the curtain of earmarks for the public."

The House Appropriations Committee was the focus of much of the attention, and Lewis' argument that the disclosure rule was too generous to tax bills and other legislation at his panel's expense did not resonate broadly with members nervous about their own re-election bids.

Not wanting to be accused of being against reform, Lewis had planned to mark up his own internal rules change requiring earmark disclosure next week if Thursday's measure had failed. He scrapped that plan after the vote.

The rules change would allow a point of order against floor consideration of any tax or spending bills that do not include a list of all earmark sponsors.

It would also prevent what has become known as "airdropping" -- the much-derided practice of inserting projects into conference reports behind closed doors without prior debate, unless those projects' backers are named in the report.

Most Democrats opposed the rule change as little more than a fig leaf and a political gimmick to curry favor with voters.

"The problem is not earmarks; it is the abuse of the earmark process. This proposal does nothing to ensure institutional integrity. It is consumer fraud masquerading as earmark reform," said Appropriations ranking member David Obey, D-Wis.

Obey noted it would not apply to tax provisions unless very narrowly defined, or to managers' amendments offered on the floor or earmarks inserted by senators into conference reports.

The Senate is working on a similar rule change, said Dreier, who noted that "the Senate is watching very carefully" what was happening on the floor.

That as many as 12 GOP appropriators voted for the earmark disclosure rule in the end is remarkable, especially because just a day before the panel appeared united, and it reflected some last-minute cajoling by Republican leaders.

Voting in favor of the rule were Rep. Ray LaHood of Illinois, who is close to Speaker Dennis Hastert, R-Ill., and Rep. Zach Wamp of Tennessee. Both seemed to oppose the measure the previous day.

The lone appropriations "cardinal" to support the rule change was Interior Subcommittee Chairman Charles Taylor, R-N.C., who faces a tough re-election challenge from former Washington Redskins quarterback Heath Shuler. Taylor has also faced ethical questions in the past.

Also supporting the rule change among appropriators was Rep. Ander Crenshaw of Florida, who aspires to become Budget Committee chairman next year if Republicans hold the House.

In all, 22 of the 24 Republican "no" votes were appropriators; the others were Rep. Charles (Chip) Pickering of Mississippi and Transportation and Infrastructure Chairman Don Young, R-Alaska, who is legendary for his earmarking prowess in the 2005 highway authorization bill.