"The nearest thing to eternal life we will ever see on this
earth," Ronald Reagan said, "is a government program." That lesson
hasn't been lost on one of the most entrepreneurial House committee
chairmen, Rep. Richard Pombo (R.-Calif.), who chairs the Resources
Committee.
Like many chairmen, Pombo has long been frustrated by the unnoticed
practice whereby Congress funds hundreds of expired programs.
According to the Congressional Budget Office, in the current fiscal
year Congress will send approximately $170 billion to 167 federal
programs, including many questionable ones relating to energy
independence, pollution, mental-health disorders, substance abuse,
family planning, homelessness and Amtrak subsidies.
Pombo believes this practice, which has grown by leaps and bounds
in recent years, impedes Congress' crucial oversight function and
dampens its willingness to overhaul ineffective federal
programs.
Failing Programs
Testifying before the House Rules Committee recently, Pombo made a
compelling point. "Vested interests," he said, view the funding of
expired programs as a "recipe for bigger government," and the
surest way to perpetuate the status quo indefinitely. Thus, they
see no reason "to come to the table in good faith to modernize
programs that are failing to achieve their original goals."
Pombo pointed to a program over which his committee exercises
jurisdiction-the Endangered Species Act. The ESA, which expired
more than a decade ago, has hobbled along on automatic pilot
despite an abysmal record-a "less than 1% success rate for species
recovery." Altogether, Pombo tabulated 36 expired programs within
his jurisdiction, funded to the tune of $5.4 billion in 2005.
Given that committee chairmen move heaven and earth to hoard even
the most inane aspects of their programmatic "turf," it's
surprising that Pombo is the only chairman willing to identify this
practice as an erosion of his committee's proper role. After all,
it shifts the locus of power on Capitol Hill away from the
"powerful" committee chairmen in the House and Senate and hands
that clout directly to the appropriators.
No committee chairman suffers more from this "business as usual"
attitude than Sen. Mike Enzi (R.-Wyo.), chairman of the Committee
on Health, Education, Labor and Pensions. In 2005, 29 lapsed
programs within this committee's jurisdiction will receive over $36
billion. The runner-up is Rep. Mike Oxley, chairman of the
Financial Services Committee, where 10 unauthorized programs will
garner almost $31 billion this year.
Yet the remedy is a simple one: Enforce the existing House rule
that prohibits appropriating funds to lapsed programs. That's
precisely what Pombo sought when he appeared before the House Rules
Committee. Unfortunately, House leaders have grown accustomed to
waiving this rule on all 13 appropriations bills.
Gang Fight
Tensions have been quietly building within House Democratic
leadership circles since the 109th Congress began, largely because
of the renegade behavior of three-dozen rank-and-file Democrats.
Since February, these lawmakers have sided repeatedly with House
Republicans on several pieces of fairly significant
legislation.
Now, these bills-tightening standards for drivers' licenses and
other immigration reforms, an overhaul of bankruptcy law,
limitations on class-action lawsuits, the energy bill, permanent
repeal of the death tax and a ban on transporting minors across
state lines to secure abortions-don't constitute the sort of
ideological watershed that was the Contract with America. But
they're controversial enough to have provoked outrage from many on
the left.
The Nation decried the bankruptcy reforms as "a tutorial in greed."
NARAL Pro-Choice America called the abortion legislation "cruel"
and "unconstitutional." The Sierra Club blasted the House energy
bill as a "vast wish-list for the Exxon-Mobiles of the world" that
"lets big business polluters off the hook." The American Civil
Liberties Union denounced the immigration reforms as an "assault on
immigrants" that would "undermine our national commitment to
freedom and liberty." Whew.
But, despite this onslaught, this Gang of 36 aligned itself with
the Republican leadership on at least four of these six bills. Who
are they?
Several of them-Representatives Dan Boren (Okla.), Henry Cuellar
(Tex.), Jim Costa (Calif.), Melissa Bean and Dan Lipinski (Ill.),
John Salazar (Colo.), Charlie Melancon (La.) and Ben Chandler
(Ky.)-hail from the freshmen class. Their independence from party
leaders so early in their congressional careers is
significant.
Eight belong to either the Congressional Black Caucus-
Representatives Artur Davis (Ala.), Sanford Bishop and David Scott
(Ga.) and Harold Ford (Tenn.)-or the Congressional Hispanic Caucus.
In addition to Salazar and Cuellar, add Representatives Silvestre
Reyes and Ruben Hinojosa (Tex.). Another dozen boast lifetime ACU
records qualifying them as liberals.
The bottom line is, you can find a surprising amount of
bipartisanship in the House on second-tier issues that don't
provoke the sort of ruthless party discipline we've seen on such
high-profile national debates as Social Security reform. The
emergence of a small group of black and Hispanic House Democrats
who vote a moderate-and occasionally conservative-line suggests
that something very encouraging is going on in black and Hispanic
America. It shows, too, that the strife on Capitol Hill these days
can be traced more to rank partisanship than to sincerely held
ideological differences.
Mr. Franc,
who has held a number of positions on Capitol Hill, is vice
president of Government Relations at The Heritage
Foundation.
First appeared in Human Events