Omnibusting: Omnibus Spending Bill, Earmarks, Pork and Budget Gimmicks

Page 74 of the Interior Appropriation section reads:

Of the funds provided in the Environmental Programs and Management account, not less than $3,500,000 shall be provided for activities to develop and publish a draft rule not later than 9 months after the date of enactment of this Act, and a final rule not later than 18 months after the date of enactment of this Act, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds.

Sen. Jim DeMint’s office has compiled the following top 10 list of reasons to oppose the omnibus.

1. Contains more than 11,000 wasteful pork projects, second highest in history
2. Overspends by $24.3 billion in gimmicks, largest spending bill in history
3. Weakens border security, reduces fencing
4. Cuts national security to pay for liberal social programs
5. Cuts abstinence funding; increases Planned Parenthood funding
6. Cuts labor oversight; increases funding to labor unions
7. Cuts funding for U.S. Marshals Service that enforces sex offender registry
8. Allows government to sue businesses that require English in the workplace
9. Spends millions to help solve energy problems … in North Korea
10. Increases funding for National Endowment for the Arts

Earlier today, Heritage released its own top 10 list of the biggest problems with the bill.

We’ve pulled together some of the most egregious provisions in the bill and put together this top 10 list. With the Senate planning to vote this evening, time is running out to educate senators about the pork projects, policy riders and budget gimmicks in the bill.

1. Non-emergency, Emergencies Drive Up Spending

More than $11 billion in emergency designated spending has been crammed into this bill, most of which does not qualify as sudden, unforeseen or urgent spending including. For example:

• $100 million in emergency funding for presidential security at political conventions
• $602 million for crop disaster assistance and livestock assistance, in spite of the fact that farmers had record incomes last year.
• $210 million for “salaries and expenses” across various departments

2. A Threat to Border Security

The bill places new restrictions that will delay and in some cases prevent construction of the full border fence. The bill removes specific locations included in the Secure Fence Act and adds extra layers of bureaucracy that will make building a border fence more difficult.

3. Restricts U.S. Energy Sources, Threatening Energy Security

The bill prohibits funding for oil shale commercial regulations which makes commercial production of the United States’ 2 trillion barrels of oil shale resources is impossible. By restricting the supply of domestic oil, this bill increases our dependence on other nations to meet our energy needs.

4. The House Version Does Not Fund the Troops in Iraq

The House provided $31.2 billion for the troops in Afghanistan, but nothing for the troops in Iraq. This ties the hands of Pentagon officials and generals in the field by restricting the battlegrounds where money can be spent and puts troops in harms way.

5. Loaded with Excessive Earmarks

More than 9,000 earmarks — including 300 of which were airdropped— totaling more than $23 billion have been added to the bill. For example:

• The Charles Rangel “Monument to Me” ($1.95 million)
• Rodent control in Alaska ($113,000)
• Olive fruit fly research in France ($213,000)
• Hunting and Fishing Museum in Pennsylvania ($200,000)
• Louis Armstrong Museum in New York ($150,000)
• A bike trail in Minnesota ($700,000)
• A river walk in Massachusetts ($1,000,000)
• A post office museum in downtown Las Vegas ($200,000); and
• The Lincoln Park Zoo in Illinois ($37,000)

6. Funds Corporate Welfare

Advanced Technology Program, was deauthorized by Congress earlier this year, was given $65 million. ATP provides research grants, and 35% of its funding goes to Fortune 500 companies including IMB, 3M, and General Electric.

7. Uses Budget Gimmicks to Obscure Spending

At least $10 billion in gimmicks, such as advanced appropriations and recessions, have been used that artificially lower the cost of the bill.

8. Nobody Has Had Time to Read It

The bill is more than 3,417 pages, which is three times the length of the Bible and nearly the same length as the Second Edition of Webster’s Dictionary. In less than 24 hours, the House passed the bill, but, clearly, no one could have had time to read it.

9. Misplaced Priorities

Funding for security projects such as Nuclear Weapons Modernization ($89 million requested) which helps modernize the nuclear weapons stockpile was cut in order to fund:

• $20 million increase for the National Endowment of the Arts
• $1.5 billion increase for state and foreign operations
• $3.7 million in non-competitive grants that were awarded to the AFL-CIO
• $16 million for a new House office building although the House already has four office building and the Capitol Visitors Center hasn’t been completed

10. Blows Budget Caps

With all the budget gimmicks, “emergency” spending, and other tricks, this bill exceeds the President’s top line by more than $24 billion. The appropriations bills the President threatened to veto were $22 billion above his top line — the omnibus has only made things worse!

The White House has claimed victory in its battle with Congress over policy riders in the bill. While many have been stripped from the omnibus, others remain. Here’s a list of some of the more troubling policy changes:

• Immigration and Secure Borders: The omnibus includes new restrictions that will delay and in some cases prevent construction of the full border fence, including: removing all specific locations included in the Secure Fence Act; requiring excessive consultation with numerous government officials prior to construction and requiring an explanation for why each 15-mile segment of fencing is necessary rather than an alternative security measure. Finally, the bill excludes an amendment adopted by the House four different times that would prevent the awarding of any government contract to an entity that does not participate in the E-Verify System, or basic pilot on the internet.

• English in the Workplace: The omnibus excludes Senate-passed and House-supported language that would ensure that employers are not subject to government-funded lawsuits for requiring English in the workplace (e.g. Salvation Army).

• Plan Colombia Cuts: The omnibus cuts $93 Billion in military assistance under Plan Colombia from President’s request, meaning that fixed-wing and helicopter interdiction programs critical to the success of Plan Colombia are likely to be curtailed or stopped entirely. Development aid and counter narcotics work are largely dependent upon the Colombian government’s ability to get manpower and resources into otherwise unreachable areas.

• Assistance to North Korea: The omnibus provides $53 million for energy-related assistance to North Korea without requiring any concessions by the North Koreans on their nuclear activities.

• Cuba Restrictions Weakened: While not expressly authorizing counter-narcotics cooperation with Cuba, the Omnibus does omit the prohibition on such efforts which has been carried in previous years.

• Abstinence Funding: The omnibus repeals the requirement in existing law that 33% of Global HIV/AIDS funding be expended for abstinence-until-marriage programs.

• Restricting U.S. Energy Sources: The omnibus prohibits funding for oil shale commercial regulations. Without these regulations, commercial production of the United States’ 2 trillion barrels of oil shale resources is impossible.

• Reducing Funds for States’ Energy Production: The onshore states’ share of revenues from federal oil and gas production is reduced by 2% from 50% to 48%. This breaks a longstanding 50/50 partnership between the Federal government and states.

Hat Tip: House Minority Leader Roy Blunt

Here’s yet another reason for President Bush to consider vetoing the mammoth omnibus spending bill: It eliminates all funding for ongoing development of a new nuclear warhead. The bill would instead require the Bush Administration to develop a “comprehensive nuclear weapons strategy for the 21st century,” according to the Washington Post.

Lawmakers directed that the $15 million approved last summer for the Reliable Replacement Warhead program (RRW) be used for a new science program, termed Advanced Certification. That initiative would close gaps in the program currently used to certify that nuclear weapons retain their potency without the need for underground testing.

Here’s a link to the section of the bill dealing with the change.

As more details emerge about the omnibus, the Washington Times finds one that has touched a nerve among House Republicans. The newspaper reports that the bill guts the Secure Fence Act, which won congressional approval last year.

Congress last night passed a giant new spending bill that undermines current plans for a U.S.-Mexico border fence, allowing the Homeland Security Department to build a single-tier barrier rather than the two-tier version that has worked in California. …

“The fact that this was buried in a bloated, 3,500-page omnibus speaks volumes about the Democrats’ unserious approach on border security and illegal immigration,” said House Minority Leader John A. Boehner, Ohio Republican. “Gutting the Secure Fence Act will make our borders less secure, but it’s consistent with the pattern of behavior we’ve seen all year from this majority.”

The 2006 Secure Fence Act specifically called for “two layers of reinforced fencing” and listed five specific sections of border where it should be installed. The new spending bill removes the two-tier requirement and the list of locations.

The bill’s sponsor, Rep. Peter King, called the change “unacceptable.” And Rep. Duncan Hunter said it would be “a significant step backwards.”

Here’s a link to the section of the bill dealing with the Secure Fence Act.

Before the omnibus bill was released, The Heritage Foundation set five key benchmarks for determining whether the forthcoming bill would be the fiscally responsible. Brian Riedl explains why bill fails to meet four of those benchmarks.

Congress pledged to limit discretionary spending to President Bush’s $932 billion request and to cut the number of earmarks in half from the 2005 peak level. This omnibus bill breaks both pledges. With more than 11,000 earmarks costing approximately $20 billion, Congress decided to bust the budget by $20 billion through the use of gimmicks. Lawmakers should reject such irresponsible budgeting and eliminate the pork projects in order to offset any new spending. Otherwise, President Bush should veto this bill, and insist on a year-long continuing resolution that would likely save taxpayers more than $30 billion relative to the omnibus.

President Bush’s year-long fight with Democrats over federal spending gave conservatives hope that the White House had finally adopted the backbone needed to stand firm for fiscal restraint. It was less clear yesterday the Bush Administration would carry that fight into 2008. The release of a Statement of Administration Policy clearly stated Bush’s intention to veto the omnibus, as it’s currently written. However, Bush appears to be leaving the door open to signing the mammoth bill if money for U.S. troops in Iraq is added.

With the Senate set to tackle the Iraq funding issue as early as today, it appears Congress and the White House are closer to striking a deal than conservatives would like. Yesterday, Office of Management and Budget Director Jim Nussle said he was generally pleased with the concessions Democrats made regarding policy changes in the bill. He all but dismissed the notion of a veto for the explosion of earmarks, which the White House wanted cut in half. And Nussle appeared resigned to the fact that the administration would have to swallow nearly $20 billion in “emergency” spending and budget gimmicks.

The White House’s position has left groups like the Club for Growth deeply disappointed and conservatives frustrated by the apparent willingness to settle for a bad bill.

Omnibusting has received news that some bad policy riders have been removed from the FY 2008 Omnibus Appropriations bill debate.  According to our sources, the below issues have been resolved:

Democrats reverse Bush-sought cuts in final budget bill
Andrew Taylor, Associated Press - December 15, 2007

Lawmakers unveiled a $500 billion-plus catchall spending bill Sunday, reluctantly sticking within President Bush’s budget but still protecting politically sensitive domestic programs from White House cuts. . .

From the Appropriations Committee:

Congressman Jeb Hensarling (R-TX), Chairman of the Republican Study Committee, this morning issued the following statement after Democrats released a 3,565-page FY 2008 Omnibus Appropriations bill that is expected to be voted on later today. 

“An initial review of this 3500 plus page bill confirms that this legislation is a bad for deal for American taxpayers, American families and the fiscal future of our children.   Democrats squandered an opportunity to work together on a clean bill that is free of wasteful earmarks and budget gimmicks.   

“Just three years ago, then Minority Leader Nancy Pelosi called the refusal to allow Members three days to read legislation before voting on it ‘martial law.’  Abandoning her word, Speaker Pelosi is now engaging in ‘martial law’ herself by trying to force a 3500 page bill containing 11 individual spending bills through Congress before anyone knows exactly what is in it.   

“We know that this bill contains over 8000 earmarks.  Those earmarks, combined with budget gimmicks that hide billions of dollars and other added-on spending ensure that the Democrats’ bill is well over the spending level requested by President Bush.   While providing additional funds for our veterans is important, that extra spending must be offset elsewhere in this trillion dollar budget…

Democrats may move to increase drilling permit fees to make domestic energy production more expensive — and, in turn, raise the price of home heating oil and gasoline to Americans. Furthermore, Democratic leaders may be poised to slow the permitting process to allow for the development of energy resources on federal lands, increasing burdensome red tape.

Hat Tip: House Minority Leader John Boehner

Established in the 1920s, the Roan Plateau would provide enough natural gas to heat four million homes for 20 years. A recent Denver Post editorial applauded the House for stripping language from Democrats’ energy bill that would have banned development of the Roan Plateau, but Democratic leaders may seek to add that language into the omnibus spending bill.

Hat Tip: House Minority Leader John Boehner

Democrats may include harmful policy language in the omnibus spending bill that would breach the 1998-1999 Clinton oil and gas leases. The Bush Administration has estimated that leasing delays from resulting litigation will cost the federal government $11 billion and 1.6 barrels of oil — all at a time when oil prices are reaching record levels.

Hat Tip: House Minority Leader John Boehner

Democrats may attempt to insert the Public Safety Employer-Employee Cooperation Act (H.R. 980) — legislation that would force all state and local governments to collectively bargain with police officers, firefighters, and emergency medical personnel — circumventing a legislative process that is well underway. At the behest of Big Labor, the legislation severely restricts the freedom of state and local governments to craft employment policies for public safety officers.

Hat Tip: House Minority Leader John Boehner

Tucked in the omnibus spending bill could be an effort to narrow the Department of Labor’s jurisdiction over labor racketeering and organized criminal enterprises, limiting responsibility exclusively to the Inspector General while excluding the rest of the Department.

Hat Tip: House Minority Leader John Boehner

The Democrats’ spending bill could limit funding to implement the Internal Revenue Service’s use of private collection firms to collect unpaid taxes. The private debt collection initiative is expected to collect $1.3 billion in taxes owed to the government that would otherwise go uncollected.

Hat Tip: House Minority Leader John Boehner