Making his own earmark rules
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

During the campaign and in his first six months in Congress, Utah Rep. Jason Chaffetz has railed against earmarks, refusing to participate in a process he says all too often wastes money on unworthy programs.

But now the freshman Republican is trying to change the parameters of the debate and even its terminology. He wants to separate the bad earmarks from the good ones -- calling the legitimate ones "congressionally directed spending" -- and he is asking the public to help set the boundaries.

This week, Chaffetz plans to send a rough draft of his proposal to more than 200 city, county, university and community leaders. He will accept public comments until Aug. 20 and then finalize his personal earmark guidelines.

"We're going to change the way we do business in the 3rd Congressional District, lead by example and try to convince others to do the same," Chaffetz said. "If we have to shame them into it, we'll do it."

Chaffetz previously promised that he wouldn't ask for or accept earmarked funds until Congress made the appropriations system more transparent and accountable. But with no serious reform proposals on the horizon, he decided to create his own rules.

"This is totally consistent with my pledge," he said. "We are going to have to lead out and be the reform we seek," he said.

A long-standing critic of the earmarking process said Chaffetz ideas are a step in the right direction.

"I give him credit for moving the debate forward and trying to come up with something that makes more sense," said Tom Schatz, president of Citizens Against Government Waste, a non-profit watchdog group. "But there is no good earmark in our view."

Almost every member of Congress seeks earmarks, which fund for local projects that bypass the traditional budget process. While most are not controversial, earmarks have been linked to a series of scandals making them a target for reform-minded politicians.

Democratic leaders required everyone to post their earmark requests on their web sites for the first time this year, bringing unprecedented attention to a normally secretive process. But Chaffetz calls the changes "inadequate."

In protest, he didn't ask for any earmarks in the fiscal year 2010 budget, which Congress is now drafting. He did, however, meet with a number of local government leaders who pressed him to consider their requests. His stance may cost his area funding in a host of areas from public health to education to urban development.

In his draft proposal released to the media Monday, Chaffetz sets out nine criteria that must be met before he would support an earmark.

The biggest being that he would only help public or non-profit entities, such as cities, water districts and universities. And only when they can identify "an established federal nexus."

As an example of an earmark he would reject, Chaffetz singled out a proposal by the Utah Shakespearian Festival in Cedar City backed by Democratic Rep. Jim Matheson and Republican Sen. Bob Bennett. The Festival wants nearly $1 million from the Department of Energy to buy an energy efficient lighting system for a stage.

"You should be able to dismiss that at first blush," Chaffetz said.

Matheson's and Bennett's offices did not respond to a request for comment Monday afternoon. But R. Scott Phillips, executive director of the Shakespearian Festival, said a new lighting system would save energy and help create jobs through the construction of new theater, two goals of government.

Chaffetz also has ripped Provo, the largest city in his congressional district, for requesting funding for a parking structure and he called the mayor's explanation that it would help economic development "hogwash." Bennett was also the supporter of that request.

Chaffetz knows that despite the rules he puts in place, in the end he must make a judgment call on each funding proposal. To help make a decision, he plans to envision another state getting the same funding.

"What is good for us should be good in other states as well, and I would be furious if we had to pay for a parking lot in Sarasota, Florida," he said.

One earmark that Chaffetz supports -- funding to eradicate Mormon crickets -- is one that got ridiculed by Arizona Republican Sen. John McCain. Chaffetz says the pesky farm-destroying bugs go from federal public lands to private farms.

He also said some water and transportation projects would be legitimate.

Under his proposed guidelines, the requestor would be required to sign a document stating that no one at the agency receiving federal funding would benefit personally.

That means no for-profit companies, which account for the lion's share of defense earmarks as well as a number of health, education and energy projects. He calls earmarks "the ultimate no bid contract" for companies and he believes every defense project should be decided through a public bidding process, not by a member of Congress.

Utah's other four members of Congress all support earmarks for private companies. Chaffetz said he has received some pushback from his congressional colleagues but he is standing pat.

"If somebody wanted someone to bring home the pork, they hired the wrong guy," he said. "That's not me. I'm not doing it."

mcanham@sltrib.com

Chaffetz's earmark proposal

No private companies, only public and nonprofit entities.

Requestor cannot personally benefit from project.

Projects must have "established federal nexus."

All projects vetted by executive branch, reviewed by congressional committee and publicly disclosed on the Internet.

Proposal available on chaffetz.house.gov

Congress » U.S. House freshman says he would help only public or nonprofit entities.
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