Dear Representative:
On behalf of National Taxpayers Union (NTU), I strongly urge you to support H.R. 5369, the “Earmark Elimination Act.” This bipartisan legislation would make permanent the current temporary ban on earmarks by prohibiting the consideration of legislation containing any earmarks and creating a point of order against those provisions. The earmark moratorium of 2011 was a significant win for taxpayers that should sustained, not squandered.
The House debate over reversing the earmark moratorium makes it clear that a permanent, statutory solution is the best way to curb legislators from acting on their worst instincts. Earmark supporters have argued that reforms can fully insulate earmarks from the corruption and wasteful spending that had become hallmarks of the practice. But the inherently parochial nature of earmarks makes these risks impossible to avoid and puts them fundamentally at odds with the enumerated powers that require Congress to act on behalf of the general welfare of Americans.
For legislators concerned about Congressional oversight and the growing influence of the Executive branch and its agencies, Congress already has all the tools it needs to confront this problem. The legislative process, through budgets, authorizations and appropriations, is the best way to increase accountability, oversight, and Congressional input when it comes to spending taxpayer dollars. Appropriations requests, itself a process in need of reform and transparency, also provides opportunity for Members to make recommendations that would then receive both Committee and chamber consideration.
In addition, Congress should take steps to amend the Administrative Procedures Act and restore the power of interpretation of statutes to the courts. This would check the growing power of federal agencies under the “Chevron doctrine.” Of course, writing less ambiguous legislation could also reduce the authority of agencies in interpreting their statutes and regulations.
Finally, NTU commends Representatives Jim Cooper (D-TN), Ted Budd (R-NC), Kathleen Rice (D-NY), and Ralph Norman (R-SC) for their consistent leadership on this important issue.
NTU is pleased to endorse the “Earmark Elimination Act.” We encourage all Representatives to support this legislation and work towards its swift enactment.
Sincerely,
Nan Swift, Director of Federal Affairs