Congress
Fiscal hawks set out to kill earmarks. They are very much alive.
Fiscal conservatives in Congress threatened for months to block government funding if GOP leaders didn’t shun earmarks. They succeeded in scrapping just one; the rest, almost $16 billion worth, are slated in the package the Senate needs to clear by Friday to avoid a shutdown.
Republican hard-liners on both sides of the Capitol have made things difficult this winter for their leadership, which has been scrambling to fund the government before cash runs out Friday for the vast majority of federal agencies. But they failed to significantly curtail the practice of directing federal dollars to specific projects back home.
Republicans swore off earmarks for more than a decade in 2010 amid corruption scandals and demands from conservatives empowered by the rise of the Tea Party movement that has since receded. Then in 2021, Democrats brought back the practice after the party swept control of the White House and Congress, softening the return with a rebrand as “community project funding,” new rules to prevent abuse and a cap at 1 percent of funding.
Now Republicans run Washington once again, and they’re overwhelmingly embracing the renaissance. As the Senate considers a nearly $1.3 trillion funding package this week loaded with thousands of earmarks for projects in specific congressional districts, fiscal hawks are acknowledging defeat.
“When a majority of the United States House and a large chunk of the Senate seemingly want to advance earmarks, there’s only so much you can do,” Rep. Chip Roy (R-Texas), a member of the House Freedom Caucus, said in an interview.
“I’ve long stated I think it’s the currency of corruption, and we shouldn’t do it,” he added. “But, you know, members like to do it.”
Capitol Hill’s most vocal earmark proponents argue that, if not for the revival of earmarks, congressional leaders would not have succeeded in clinching bipartisan deals to fund the Pentagon and nondefense agencies with new budgets for the first time in almost two years.
The multibill funding package has yet to reach President Donald Trump’s desk and is now complicated by Democratic outrage over ICE funding after a federal immigration enforcement agent fatally shot another U.S. citizen in Minnesota over the weekend. But lawmakers in both parties are already touting the cash they secured for local projects as they campaign for reelection nine months out from the midterms.
“It’s not worth being in Congress if you can’t find ways to help your district,” Rep. Mike Flood said in an interview.
The Nebraska Republican secured almost $30 million in projects for his district in the current slate of funding bills, including millions of dollars to repave roads, about $750,000 for police cruisers and $500,000 for improvements to a shelter for minors who would otherwise be in juvenile detention.
Flood argues the inclusion of earmarks ultimately helped Republicans negotiate funding bills that keep federal spending mostly steady — a top priority of congressional fiscal hawks. “For all the things that people say are wrong with Congress, this process is working. And it’s working well,” he said. “And we are bringing this in under budget.”
This month members of the House Freedom Caucus threatened to tank a preliminary vote on spending bills if GOP leaders didn’t knock out at least some earmarks. They were able to kill only one: a $1 million earmark Democratic Rep. Ilhan Omar secured for a community organization in her Minnesota district, in part because the address listed for the group was that of a restaurant.
House fiscal hawks made a final stand last week when they demanded, and received, a vote to nix hundreds of earmarks senators had worked to secure. That vote failed overwhelmingly, right before the House passed a funding package with a price tag of more than $1 trillion, with every earmark intact.
Rep. Ralph Norman, a member of the Freedom Caucus, said it was a “sad day” and called it “irredeemable” for a GOP-led Congress and White House to support the earmark-filled package. Norman said he now has no hope Republicans will ever do anything to get rid of earmarks.
“I wish it was different,” he said.
More than 70 House Republicans voted against killing the Senate earmarks. However, some hard-liners argue that it’s really the minority party driving the resurgence in a narrowly divided Congress.
“You need Democratic votes, right? So let’s not forget that,” said Rep. Scott Perry (R-Pa.), a former chair of the House Freedom Caucus. “I’m not here to apologize for, or validate, a bunch of garbage Republican earmarks. But we’d have a much better time at making sure those didn’t prevail if we didn’t need the Democrat votes.”
In the Senate, where Democratic buy-in is necessary to overcome the filibuster, fiscal conservatives delayed action on funding bills for more than a month following the end of the record-breaking government shutdown in November — in part due to their earmark concerns. Now that the final slate of funding bills is before the Senate, those same lawmakers are again demanding a vote to eliminate the pet projects.
Last week Sen. Rick Scott (R-Fla.), a leader of that charge, noted that in 2021 the Senate Republican Conference voted unanimously to maintain their rule against earmarks, a nonbinding prohibition many GOP senators were quick to flout.
“It’s time for Senate Republicans to follow our own rules. END ALL EARMARKS NOW!” Scott posted on social media.
The earmarks Congress has inserted in the new funding bills are the first of Trump’s presidency, since federal agencies have been running on stopgap funding patches for almost two years. Lawmakers in both parties see them as a way to protect their authority to dictate how federal money is spent as the Trump administration continues to shift and cancel billions of dollars in contravention of their wishes.
“It restores the institutional faith in Congress’ ability — albeit in a very small and minor way — to direct congressional spending and gets power back from any executive branch,” Tennessee Rep. Chuck Fleischmann, a senior Republican appropriator, said in an interview.
Many Republican lawmakers have been privately pressing GOP leaders to bring back earmarks for years, including as far back as 2016, when then-Speaker Paul Ryan halted a closed-door vote on restoring the practice.
At least under the old rules, earmarks were entwined with corruption. In the early 2000s, several lawmakers pled guilty to money laundering and bribery charges for abusing the practice. In the most high-profile of those cases, the late Rep. Randy “Duke” Cunningham (R-Calif.) admitted to accepting $2.4 million in bribes to secure earmarks.
Now Congress has much tighter rules governing the process, including a prohibition on steering money to for-profit organizations. Senior members of the Appropriations Committees who want to avoid a repeat of infamous earmarks scandals also closely vet the requests, said House Appropriations Chair Tom Cole (R-Okla.).
“We scrub them pretty hard, and honestly the Democrats do, too,” he said.
In a sign House Republicans are growing more comfortable with the practice, they are now discussing whether to expand earmarks in future funding bills to include education, health and labor projects, according to Rep. Robert Aderholt (R-Ala.), who chairs the panel in charge of that money. Only senators are currently allowed to specify projects for funding within those jurisdictions.
“There’s interest on both sides, as long as it’s done in a way that doesn’t make both sides feel uncomfortable,” Aderholt said. “Members want to have a little bit of say-so, because we do have the power of the purse.”
Jordain Carney and Meredith Lee Hill contributed to this report.
Congress
GOP leaders delay FISA vote amid GOP rebellion
House GOP leaders postponed a Wednesday procedural vote on an extension of a key federal spy powers program as they scramble to land a deal with hard-liners around changes — acknowledging the truly “clean” extension that President Donald Trump is demanding is currently DOA in the chamber.
There are ongoing discussions around modifying the clean, 18-month extension of the surveillance authority known as Section 702 of the Foreign Intelligence Surveillance Act, or FISA, that Trump is ordering. GOP leaders acknowledged in private conversations Tuesday night and publicly Wednesday morning that at least some tweaks are necessary to quell a GOP rebellion that could lead to Section 702’s expiration April 20.
Republican leaders are still hoping to hold a procedural vote later Wednesday to pave the way for floor consideration of the measure, if they can strike an agreement with hold-outs around some changes. A final vote would then happen around 10 p.m. Wednesday. But Speaker Mike Johnson was noncommittal in an interview late Wednesday morning if all that could still happen. “We’ll see,” he said.
Conversations around potential changes picked up Tuesday night, as Blue Light News first reported. Holdouts are asking for guardrails on the program, including warrant requirements; the White House is open to making changes in this regard but likely in a more watered-down capacity than what hard-liners have been seeking.
Ultraconservatives are also pushing House GOP leaders and the White House to follow through on a previous promise to advance a ban on a central bank digital currency, known as CBDC. House GOP leadership and the White House are pushing for a longer Section 702 extension in exchange for advancing that policy or other reforms, while some hard-liners want the promised CBDC ban passed as a standalone rather than attached to the FISA bill.
Majority Leader Steve Scalise said in an interview that White House officials, GOP leaders and Republican holdouts are discussing some “potential amendments.” He added, “We’re still negotiating.” He maintained GOP leaders and White House officials won’t incorporate any changes that undermine the underlying government surveillance program.
Nothing has been agreed to. And Scalise said in an earlier interview leaders would likely incorporate “minor tweaks” into the procedural rule governing floor debate on the underlying bill — if the White House approves.
So far, however, conversations have not sufficiently moved the needle. Hard-liners aren’t budging, continuing resisting renewed calls from Trump and an increasingly aggressive pressure campaign from the administration. That includes a detailed presentation from CIA Director John Ratcliffe at Wednesday morning’s closed-door House GOP Conference meeting on the need for a clean extension.
“Look, he’s the executive, we’re the legislative, and we’re going to see a little bit of conflict between those two today,” Freedom Caucus Chair Andy Harris (R-Md.) said Wednesday, referring to the president.
GOP Reps. Michael Cloud of Texas, Andrew Clyde of Georgia and other hard-liners stood up in the GOP Conference meeting to raise their concerns about a clean reauthorization and continued push for overhauling the program. Some Republicans grew irritated that Ratcliffe “filibustered” until close to the end of the meeting’s scheduled conclusion to avoid taking challenging questions, according to four people in the meeting.
Even before the rule vote was postponed, several rank-and-file members said they were not confident the rule would be adopted.
“There are some who will vote against the rule for sure,” said one House Republican granted anonymity to speak candidly. “It’s a math issue.”
Democrats aren’t expected to help Republicans overcome the procedural rule, even though some of them support a reauthorization without policy changes at this time. The top Democrats on the House Intelligence and Judiciary Committees — Reps. Jim Himes of Connecticut and Jamie Raskin of Maryland, respectively — discussed a joint proposal for a package of FISA overhaul provisions at their party’s weekly caucus meeting Monday morning, which they plan to attempt to advance if the Republicans’ rule fails, according to two people in the meeting.
A fail safe option, if negotiations don’t yield results soon, is to pursue a very short term clean extension — possibly a few months — to buy more time for talks. White House officials and GOP leaders are trying to avoid that scenario.
Riley Rogerson contributed to this report.
Congress
AIDS activists disrupt Vought’s testimony on Trump’s budget
A group of AIDS activists and former USAID employees disrupted White House budget director Russ Vought’s testimony before the House Budget Committee on Wednesday.
Capitol police officers escorted the protesters out of the room as the group chanted “PEPFAR saves lives — spend the money” and held signs that read statement such as “Protect PEPFAR from Vought,” forcing the director to pause his opening statement for several minutes.
The Trump administration has tried to slash funding for the program that seeks to reduce HIV and AIDS in developing nations. But Congress rejected those proposals earlier this year, clearing $4.6 billion for the program for the current fiscal year, down from $4.8 billion enacted for the prior fiscal year.
Republicans also bucked the Trump administration’s request last summer to claw back $400 million Congress had already approved for the AIDS-fighting program, nixing that reduction from the $9 billion rescissions package Congress cleared in July.
In August, Secretary of State Marco Rubio handed off the reins of the U.S. Agency for International Development to Vought, to “oversee the closeout” of the agency Trump moved to dismantle after he was inaugurated last year.
Carmen Paun contributed to this report.
Congress
Trump makes last-minute plea for GOP to ‘stick together’ on key surveillance powers vote
President Donald Trump is ramping up pressure for Republicans to “unify” behind a clean, 18-month extension of a key spy power — making a last minute plea to GOP holdouts refusing to bend without certain amendments.
In a Truth Social post on Wednesday, Trump echoed past calls to House Republicans urging them to “UNIFY, and vote together on the test vote” for a bill reauthorizing Section 702 of the Foreign Intelligence Surveillance Act, which contains a controversial provision that allows for warrantless surveillance of non-U.S. citizens and has divided lawmakers over privacy concerns.
A procedural vote teeing up final passage for a FISA extension was scheduled for Wednesday. House leaders postponed it, but Republicans are still hopeful it can still be held later Wednesday. The spy authority, which has for years triggered fights on Capitol Hill, has concerned some lawmakers for creating a backdoor that allows the government to also search Americans’ data.
Trump asked the GOP “stick together when this Bill comes before the House Rules Committee” as several Republicans raised concerns about the bill’s surveillance powers and sought to amend sections of FISA containing a loophole that allows intelligence agencies to collect warrantless information from third-party brokers with data from phone apps and web activity.
“Passing a clean Section 702 reauthorization without any reforms to protect the Fourth Amendment right to privacy would be a major disservice to the American people,” Rep. Warren Davidson (R-Ohio) said Tuesday. “We live in a digital age, and cell phones are now extensions of our homes; they store our personal conversations, location data, banking information, and health records. Our personal devices deserve the same constitutional protections as our homes.”
Trump said he’s been working with Speaker Mike Johnson, House Intelligence Chair Rick Crawford (R-Ark.) and House Judiciary Chair Jim Jordan (R-Ohio) to pass a clean extension through the House ahead of the April 20 expiration date.
House GOP leaders have backed the White House’s request of a clean extension.
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