By Chris Strohm, CongressDaily
© National Journal Group Inc.
Friday, May 11, 2007

Democrats and Republicans loaded up a bill authorizing U.S. intelligence activities with special interest provisions, including $25 million in earmarks from House Defense Appropriations Subcommittee Chairman John Murtha, D-Pa., and a measure that would block the Defense Department from retiring its fleet of U-2 spy planes.

The FY08 intelligence authorization bill, which was nearing passage by the House late Thursday, includes 26 unclassified earmarks totaling almost $100 million, according to a list included in a House Intelligence Committee report accompanying the bill.

Rep. Jeff Flake, R-Ariz., was so incensed at the earmarks that he called for the House to move into a secret session to discuss them. His motion to close the proceedings died by a 217-207 vote.

	"It's not an idle worry that many of us have on this," observed Rep. Jeff Flake, R-Ariz., saying he was mindful that several recent congressional scandals have involved earmarks. "This institution deserves better than this."

Murtha inserted three earmarks totaling $25 million, including $23 million in funding for the National Drug Intelligence Center, a Justice Department operation in Johnstown, Pa., in his district.

Minority Leader Boehner, speaking for House Republicans, charged that the earmark "was tucked into the intelligence bill in apparent violation of House rules meant to keep pork-barrel projects from passing Congress without appropriate scrutiny and debate."

Not only was the Murtha earmark inserted at the last minute, Republicans said, Intelligence ranking member Pete Hoekstra, R-Mich., did not have a chance to review it.

Intelligence Chairman Reyes acknowledged the delay in getting the list of earmarks out and blamed the Government Printing Office, saying it failed to print the list in time.

Reyes added that Republican aides on the Intelligence Committee were informed of Murtha's earmark at least a week ago, and he insisted Democrats followed all proper House procedures.

At presstime, GOP leaders said they would try late Thursday to kill the Murtha earmark from the floor. They were preparing a motion that would request an audit of the NDIC and shift the $23 million away from the Johnstown center and into human intelligence programs.

A Murtha aide countered that the earmark was inserted to bring FY08 authorized funding levels for the center up to $39 million, which is the amount appropriated for the center for the current fiscal year. The White House asked for $16 million for the center in its FY08 budget request.

"The money requested by Congressman Murtha is to authorize the NDIC at the same funding level as last year," Murtha's aide said.

Other earmarks in the authorization bill include: $17.5 million from Rep. C.A. (Dutch) Ruppersberger, D-Md. divided among four specific programs; $16 million from Rep. Terry Everett, R-Ala. for three programs; $15 million from Rep. Bud Cramer, D-Ala. for five programs; and $6.5 million from Rep. John Tierney, D-Mass. for three programs.

Also in the bill are $6 million from Rep. Ralph Hall, R-Texas, for two programs; $4 million from Rep. Alcee Hastings, D-Fla. for two programs; $2.7 million from Rep. Anna Eshoo, D-Calif. for one program; $2.5 million from Rep. Mike Honda, D-Calif. for one program; $1 million from Rep. Michael McCaul, R-Texas, for one program; and $500,000 from Rep. Ed Pastor, D-Ariz., for one program (See related .pdf graphic).

But Flake said lawmakers were not able to see the list of earmarks until after the House Rules Committee closed its process for accepting amendments to the bill late Wednesday. That prevented lawmakers from offering amendments to strip the earmarks, he said.

Flake added that when he went to the Intelligence Committee's office Thursday to read over the earmark list, aides were unable to explain any details of the earmarks.

"It's not an idle worry that many of us have on this," Flake told CongressDaily, saying he was mindful that several recent congressional scandals have involved earmarks. "This institution deserves better than this."

The authorization bill also includes a provision that would block the Defense Department from terminating its U-2 high-altitude reconnaissance program. Air Force officials complain the active fleet of nearly three dozen planes, first deployed in 1955, is falling apart and outdated, especially compared to Global Hawk RQ-4 unmanned aerial vehicles.

The bill stipulates that the U-2 program could not be terminated until certain conditions are met.

"The secretary of Defense shall conduct a study of aerial reconnaissance platforms to determine whether the Global Hawk RQ-4 unmanned aerial vehicle has reached mission capability and has attained collection capabilities on a par with the collection capabilities of the U-2 Block 20 aircraft program as of April 1, 2006," the bill says.

The fleet is based at Beale Air Force Base, north of Sacramento in California's 2nd District, represented by Rep. Wally Herger, R-Calif.

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