Dear Senator:
Taxpayers for Common Sense (TCS) Action, a non-partisan budget watchdog, strongly urges your support of Senator Jim DeMint’s Amendment 11 to Senator Harry Reid’s substitute amendment 3 to S. 1, “To provide greater transparency in the legislative process.” Though TCS Action would support the underlying bill as it stands, Sen. DeMint’s amendment makes several key improvements that will produce a more effective piece of legislation and make it a bigger step forward for earmark transparency.
The DeMint amendment dramatically expands the earmark definition to include provisions to both non-federal and federal entities. By excluding federal entities, the substitute amendment lets far too many earmarks slip through the legislative cracks without identifying the requesting lawmaker. In addition, the DeMint definition captures earmarks contained in report language—where many earmarks reside—which the substitute fails to do. Expanding the definition in these two important ways will result in disclosure of a much higher percentage of earmarks.
The DeMint amendment also strengthens the substitute by requiring that all earmark requests be posted on the committee of jurisdiction’s website, along with the requesting Member, the intended beneficiary or recipient, the purpose, and certification that the Member and his or her spouse has no financial interest in the requested earmark or limited tax or tariff benefit.
There are areas where the DeMint amendment could be strengthened. TCS Action would like to see a provision allowing earmarks to be debatable and amendable on the floor, either by including the earmarks in legislation or creating a new budgetary point of order. The certification that a Member and spouse will not benefit financially should be expanded to include other immediate family members and business partners, and disclosure of whether family or former staff lobbied on the earmark in question. Finally, the public should have any earmark-related disclosure within 48 hours of submission to the committee of jurisdiction, but all information also needs to be available at least 48 hours prior to a bill’s consideration.
Though improvements to DeMint Amendment 11 are possible, it represents a good first step forward for earmark disclosure and transparency, and TCS Action urges its passage. If we can be of assistance in any manner, please contact Erich Zimmermann, Senior Policy Analyst, at erich@taxpayer.net or (202) 546-8500 x132.
Sincerely,
Ryan Alexander
President
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