Here’s the likely scenario: The Omnibus spending bill appears tomorrow, runs through a revolving door at the Rules committee and makes a late night appearance on the House floor without earmarks disclosed.

Wait a minute, I thought bills (and rules) were required to be available to 48 hours prior to voting. Well, the title the rules committee gave the report ( accompanying the rule says it all (the url is “110 sameday omnibus.pdf”).

But that’s not all. The rule includes a clause that states:

The chairman of the Committee on Appropriations may insert in the Congressional Record at any time during the remainder of the first session of the 110th Congress such material as he may deem explanatory of appropriations measures for the fiscal year 2008

In other words, House leadership is saying we’ll catch you later on the earmark disclosure. The table is set for Congress to unveil a more than $500 billion spending bill, pass it a few hours later and not tell us anything about the thousands of earmarks worth billions of dollars that are stashed in there for days or weeks. Of course they may disclose the thousands of earmarks, but they’ve given themselves a juicy escape clause.

The details. Instead of conferencing the appropriations bills, they are bringing up the Senate amendment to the State and Foreign Operations spending bill (Senate version of the spending bill) and offering the 11 spending bills as an amendment. One of the impacts of this is that the earmark disclosure rules don’t apply to a Senate bill, and so they are not required to disclose all the earmarks.  And by setting it up so that they can do same day consideration, there is no guarantee that we will even be able pull an all-nighter to get through thousands of pages and half a trillion dollars. (On the no all-nighter, maybe we should be thanking them?). The House is not scheduled to have any votes until 6:30 PM tomorrow, so the Omnibus won’t be on the floor until late that night.

And OMB Director promised a veto based on how the bill has been described in press reports. It’s going to be an interesting week.  We of course will let you know what we know, when we know it. Stay tuned.

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The text of the rule waiving the timing rules:

Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules. (Reported in House)

HRES 850 RH

House Calendar No. 165
110th CONGRESS
1st Session
H. RES. 850[Report No. 110-476]

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Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules.

IN THE HOUSE OF REPRESENTATIVES
December 6, 2007
Ms. SLAUGHTER, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed
 


RESOLUTION
Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules.
Resolved, That the requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported on the legislative day of December 11, 2007, providing for consideration of the Senate amendment to the bill (H.R. 2764) making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other purposes.
Sec. 2. The chairman of the Committee on Appropriations may insert in the Congressional Record at any time during the remainder of the first session of the 110th Congress such material as he may deem explanatory of appropriations measures for the fiscal year 2008.
Sec. 3. House Resolution 839 is laid upon the table.
House Calendar No. 165
 

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