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Washington DC: A Peek into the Crystal Ball 

by Washington Lobbyist Howard Marlowe 
December 4, 2006
 

Dear Friends:
 
It's not often that I get the chance to share my view of developments here in Washington, DC with our clients and others. 
 
Obviously, the elections are already having a major impact on Congress.  Even though the new Congress doesn't start until January 3rd, the current Congress is showing little inclination to do much of the unfinished work on its agenda.  Except for three appropriations bills related to the military and homeland security, no FY '07 funding bills will be passed until next year -- probably March.  (FY '07 started last October 1st)
 
For those of you interested in the Water Resources Development Act, the House and Senate staffers who have been working hard on this bill for many weeks, trying to resolve the differences between the two bills, appear to be at an impasse.  Having been in this business for 30+ years, I'm not supposed to get upset by legislative glitches.  Unfortunately, this one borders on the tragic.  Whatever the causes of the stalemate -- and there are apparently a few -- the failure to pass the one piece of legislation which keeps the nation's water resources program moving along must bring smiles to the folks at the Office of Management and Budget.  They have tried for years to kill the nation's water resources program simply because they have never been able to control the agency that runs that program - the Army Corps of Engineers.  In this long-term Executive Branch vs. Legislative Branch duel, you would think that Congress would want a bill to pass so it could beat OMB at its game of agency strangulation, but you would be wrong.
 
There are locks and dams to be repaired, ports that need to be deepened, marshes to be restored, and (yes) beaches to be renourished.  While this bill doesn't provide a cent to any of these projects, it does something more important: It gives Congress the authority to appropriate money to get these projects done.  Passage of this "authorization" bill is four years overdue!  That would not be tolerated for the nation's highways or aviation systems.  Congress should not tolerate it for water resources, either.
 
Failing to pass appropriations bills in a timely manner has become a congressional habit.  However, this will be the second time in the last decade when one Congress has punted its appropriations responsibility to the next Congress [every "Congress" equals two years].  All bills start fresh in the new Congress.  That means that, if you received funding for a program or project in either a House or Senate appropriations bill this year, you go back empty-handed to square one in January. 
 
Hopefully, the leadership of the next Congress will not start from scratch, but will instead take the House and Senate appropriations bills that didn't get enacted into law and simply re-introduce them as passed by their respective chambers. (In some cases, the Senate did not pass its version of an appropriations bill.  However, the bills passed by the Senate Appropriations Committee can serve as the starting point).  Given the fact that Congress will have to begin working on its fiscal 2008 appropriations soon after its organizes in January and February, it makes sense for the leadership to move as quickly as they can on the fiscal 2007 bills.  (Condolences to the congressional staff who have to field funding requests for FY '08 while still working to finalize the FY '07 bills!)
 
There appears to be a movement to make ethics reform a congressional priority next year.  Given the poor behavior of some members of Congress over the past couple of years, shedding more light on ethics isn't a bad idea.  I'm just a bit jaded on how much one can effectively legislate ethics.  Every time Congress gets into this issue, it establishes a bunch of rules and then an even larger number of exceptions.   That doesn't help build public confidence in Congress.  
 
What is needed most, but has the least support, is campaign finance reform.  It simply costs too much to get elected.  Large sums of money going to the re-election campaigns of members of Congress create the perception (and the opportunity) to blur the distinction between a contribution made to help re-elect someone and a contribution made to influence that someone's vote.  The former is constitutionally-protected speech; the latter is a crime.  There is a critical need to re-establish the distinction.
 
There will be new names at the head of every committee and subcommittee of Congress.  We will keep you informed of these changes and what they mean.  For now, I want to express the appreciation all of us at Marlowe & Company have to the many congressional staffers we have worked with over the past year.  To those of you who have been forced by our democratic process to look for new work, please contact us if we can help.  Politics is a rough occupation, but it gives all who participate in it the opportunity to serve the public.  We hope those of you who have been temporarily displaced from your jobs will quickly find new opportunities to serve.
 
Happy holidays!
 
Howard Marlowe
 
Howard Marlowe
Marlowe & Company, LLC
1667 K Street, NW/Suite 480
Washington, DC 20006

 

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