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Monday, March 26, 2007
John Fund :: Townhall.com Columnist
Earmark Cover-Up
by John Fund
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Indeed, taxpayers can't even access its many fine reports, which are closely held. Despite bipartisan efforts by Sens. John McCain and Pat Leahy to make its research public, CRS implausibly argues that release of its reports will somehow compromise the confidentiality of its contacts with Congress. Mr. Mulhollan has just issued another new directive demanding "prior approval should now be required" before any CRS reports "are distributed to members of the public."

But there is a way to get CRS reports — for a large fee. At a conference earlier this month, I observed Gallery Watch, a legislative tracking service, passing out sample CRS reports as if they were candy bars and boasting that for $4,000 a year anyone can get complete access to them. "How I get them is my trade secret . . . but I get them all," Walt Seager of Gallery Watch told the Washington Post.

CRS's independence appears to have declined since Gilbert Gude, a former member of Congress from Maryland, departed as director in 1985. Mr. Mulhollan was appointed by the librarian of Congress, James H. Billington, in early 1994, before the Republican takeover of Congress. So far Mr. Billington hasn't spoken out on Mr. Mulhollan's new earmark policy.

Today squeeze plays on CRS are not uncommon, and they have come from both parties. In the 1990s, GOP House Majority Leader Dick Armey was so angry with a CRS report questioning the workability of a flat tax that he temporarily zeroed out the agency's budget. Rep. Henry Waxman, as a member of a Democratic minority, demanded and got revisions to CRS reports on how prescription drug pricing rules in his bills would work. "Everyone expects Waxman and others to be even more insistent on getting what they want now [that he's in the majority]," says another CRS staffer.

Despite claims they would bring reform, Congress's new bosses are acting like the old bosses. Last Friday, Arizona Rep. Jeff Flake sought clarification from House Appropriations Chairman David Obey about an incorrect listing of a NASA earmark in the Iraq supplemental bill. Rep. Obey responded: "The fact is, that an earmark is something that is requested by an individual member. This item was not requested by any individual member. It was put in the bill by me!" In other words, Mr. Obey believes his own earmarks are nothing of the kind.

Sen. Coburn plans to fight back. He says he will attach an amendment to every appropriations bill demanding CRS prepare a full report on the earmarks in it. "Let senators vote for secrecy and prove they don't want a transparent process or let them deliver what they promised," he says. "The choice will be theirs and the American people will be watching."

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About The Author
John Fund writes the weekly "On the Trail" column, reprinted here with permission from the Wall Street Journal and OpinionJournal.com. He is author of "Stealing Elections: How Voter Fraud Threatens Our Democracy" (Encounter, 2004).

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