Administration official calls House defense earmark provision 'veto bait'

Office of Management and Budget Director James Nussle Wednesday suggested that a provision in the House's fiscal 2009 defense authorization bill that shields the measure from a recent executive order on earmarks would almost certainly provoke a veto threat.

"The Democrats have dropped veto bait into the defense authorization bill by inserting the earmark provision," Nussle said.

Specifically, the provision protects the Pentagon policy bill from an executive order signed by President Bush in February ordering executive branch agencies not to "commit, obligate or expend" funds for earmarks in report language as well as for any purpose the agencies deem not to have merit.

The provision has riled anti-earmarks forces in the House, who view it as an end-run around efforts to increase the transparency of earmarks. Rep. Jeff Flake, R-Ariz., has authored an amendment that would overturn the language in the bill, one of more than 100 amendments the House Rules Committee will consider this afternoon. Republicans and Democrats on the House Armed Services Committee say the provision is not intended to protect illegitimate earmarks.

They say it reflects the panel's long-standing practice of providing detailed funding allocations, including earmarks, in the committee's report on the bill instead of the bill text. Doing so, aides say, gives the Defense Department more flexibility to reprogram funds.

A spokeswoman for House Speaker Nancy Pelosi, D-Calif., said the administration's concerns would be noted, but pointed out the provision "had unanimous, bipartisan support in the Armed Services Committee."