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Agency earmarks in limbo
The Federal Times
November 3, 2008
A curious memo may put the halt on spending many earmarks intended for federal agencies.
OMB Director Jim Nussle issued a memo Oct. 23 detailing the three conditions that must be met for agencies to spend earmarks allocated in the fiscal year 2009 continuing resolution, which also contains the Defense, Homeland Security and Veterans’ Affairs appropriations.
Here’s what the earmark must meet to be able to be spent:
1. Must have been in the FY 2008 appropriations bill
2. Must continue in 2009 and beyond (no one-time, non-recurring projects or grants)
3. The agency must be able to spend the entire earmark in one year, 2009.
Sound confusing?
We’d imagine several federal managers will be scratching their heads when this memo lands on their desk. The five-page document is heavy on government jargon and cites multiple executive orders. It also references two U.S. Supreme Court cases, including Cherokee Nation v. Leavitt, in which the Court declared that language in congressional committee reports isn’t legally binding.
It appears this memo is part of the Bush administration’s efforts to preserve executive powers. In the past few years, Bush’s signing statements of appropriations bills and CRs has listed several passages the president takes issue with, saying the items threaten the separation of powers. It looks like the same is being done here.
For more on this story, see the Nov. 10 issue of Federal Times.
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