IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 263 

To establish the Joint Select Committee on Earmark Reform, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2007 

Mr. KINGSTON (for himself, Mr. ADERHOLT, Mr. AKIN, Mrs. BLACKBURN, 

Mrs. BONO, Mr. BOOZMAN, Mr. BRADY of Texas, Mr. BROUN of Georgia, 

Mrs. CAPITO, Mr. CARTER, Mr. CASTLE, Mr. CHABOT, Mr. CRENSHAW, 

Mr. CONAWAY, Mr. CULBERSON, Mr. DEAL of Georgia, Mr. DENT, Mr. 

DOOLITTLE, Mrs. DRAKE, Mr. EHLERS, Mr. EVERETT, Ms. FALLIN, Mr. 

FEENEY, Mr. FLAKE, Mr. FORBES, Mr. FORTENBERRY, Ms. FOXX, Mr. 

GILCHREST, Mr. GINGREY, Mr. GOODE, Mr. GOODLATTE, Mr. GOHMERT, 

Ms. GRANGER, Mr. HASTERT, Mr. HENSARLING, Mr. INGLIS of South 

Carolina, Mr. ISSA, Mr. JONES of North Carolina, Mr. KING of New 

York, Mr. KING of Iowa, Mr. KIRK, Mr. KLINE of Minnesota, Mr. 

LAHOOD, Mr. LAMBORN, Mr. LATHAM, Mr. LEWIS of Kentucky, Mr. 

LINDER, Mr. DANIEL E. LUNGREN of California, Mr. MACK, Mr. 

MARCHANT, Mr. MCCAUL of Texas, Mr. MCCOTTER, Mr. MCHENRY, Mr. 

MILLER of Florida, Mr. MORAN of Kansas, Mrs. MUSGRAVE, Mrs. 

MYRICK, Mr. PENCE, Mr. PITTS, Mr. PORTER, Mr. PRICE of Georgia, 

Mr. REHBERG, Mr. RENZI, Mr. ROHRABACHER, Mr. ROSKAM, Mrs. 

SCHMIDT, Mr. SHUSTER, Mr. SMITH of New Jersey, Mr. SOUDER, Mr. 

STEARNS, Mr. TERRY, Mr. THORNBERRY, Mr. TIAHRT, Mr. WALBERG, 

Mr. WESTMORELAND, Mr. WAMP, Mr. WELDON of Florida, and Mr. 

WOLF) submitted the following concurrent resolution; which was referred 

to the Committee on Rules 

CONCURRENT RESOLUTION 

To establish the Joint Select Committee on Earmark Reform, 

and for other purposes. 


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1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. JOINT SELECT COMMITTEE ON EARMARK RE4 FORM. 

5 (a) ESTABLISHMENT AND COMPOSITION.—There is 

6 hereby established a Joint Select Committee on Earmark 

7 Reform. The joint select committee shall be composed of 

8 16 members as follows: 

9 (1) 8 Members of the House of Representatives, 

10 4 appointed from the majority party by the Speaker 

11 of the House, and 4 from the minority party to be 

12 appointed by the minority leader; and 

13 (2) 8 Members of the Senate, 4 appointed from 

14 the majority party by the majority leader of the Sen15 ate, and 4 from the minority party to be appointed 

16 by the minority leader. 

17 A vacancy in the joint select committee shall not affect 

18 the power of the remaining members to execute the func19 tions of the joint select committee, and shall be filled in 

20 the same manner as the original selection. 

21 (b) STUDY AND REPORT.— 

22 (1) STUDY.—The joint select committee shall 

23 make a full study of the practices of the House, Sen24 ate, and Executive Branch regarding earmarks in 

25 authorizing, appropriation, tax, and tariff measures. 


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1 As part of the study, the joint select committee shall 

2 consider the efficacy of— 

3 (A) the disclosure requirements of clause 9 

4 of rule XXI and clause 17 of rule XXIII of the 

5 Rules of the House of Representatives, House 

6 Resolution 491, and rule XLIV of the Standing 

7 Rules of the Senate, and the definitions con8 tained therein; 

9 (B) requiring full transparency in the proc10 ess, with earmarks listed in bills at the outset 

11 of the legislative process and continuing 

12 throughout consideration; 

13 (C) requiring that earmarks not be placed 

14 in any bill after initial committee consideration; 

15 (D) requiring that Members be permitted 

16 to offer amendments to remove earmarks at 

17 subcommittee, full committee, floor consider18 ation, and during conference committee meet19 ings; 

20 (E) requiring that bill sponsors and major21 ity and minority managers certify the validity of 

22 earmarks contained in their bills; 

23 (F) recommending changes to earmark re24 quests made by the Executive Branch through 

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•HCON 263 IH 

1 suant to section 1105 of title 31, United States 

2 Code; 

3 (G) requiring that House and Senate 

4 amendments meet earmark disclosure require5 ments, including amendments adopted pursuant 

6 to a special order of business; 

7 (H) establishing new categories for ear8 marks, including— 

9 (i) projects with National scope; 

10 (ii) military projects; and 

11 (iii) local or provincial projects, in12 cluding the level of matching funds re13 quired for such project. 

14 (2) REPORT.— 

15 (A) The joint select committee shall submit 

16 to the House and the Senate a report of its 

17 findings and recommendations not later than 6 

18 months after adoption of this concurrent resolu19 tion. 

20 (B) No recommendation shall be made by 

21 the joint select committee except upon the ma22 jority vote of the members from each House, re23 spectively. 

24 (C) Notwithstanding any other provision of 

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1 spect to the rules and procedures of one House 

2 that only affects matters related solely to that 

3 House may only be made and voted on by mem4 bers of the joint select committee from that 

5 House and, upon its adoption by a majority of 

6 such members, shall be considered to have been 

7 adopted by the full committee as a rec8 ommendation of the joint select committee. 

9 In conducting the study under paragraph (1), the joint 

10 select committee shall hold not fewer than 5 public hear11 ings. 

12 (c) RESOURCES AND DISSOLUTION.— 

13 (1) The joint select committee may utilize the 

14 resources of the House and Senate. 

15 (2) The joint select committee shall cease to 

16 exist 30 days after the submission of the report de17 scribed in subsection (a)(2). 

18 (d) DEFINITION.—For purposes of this section, the 

19 term ‘‘earmark’’ shall include congressional earmarks, 

20 congressionally directed spending items, limited tax bene21 fits, or limited tariff benefits as those terms are used in 

22 clause 9 of rule XXI of the Rules of the House of Rep23 resentatives and rule XLIV of the Standing Rules of the 

24 Senate. Nothing in this subsection shall confine the study 


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1 of the joint select committee or otherwise limit its rec2 ommendations. 

3 SEC. 2. MORATORIUM ON CONSIDERATION OF EARMARKS. 

4 (a) IN THE HOUSE.—It shall not be in order to con5 sider a bill, joint resolution, or conference report con6 taining a congressional earmark, limited tax benefit, or 

7 limited tariff benefit (as such terms are used in clause 

8 9 of rule XXI of the Rules of the House of Representa9 tives) until the filing of the report required under section 

10 1. 

11 (b) IN THE SENATE.—øTo be supplied.¿ 

Æ 


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