IV 

110TH CONGRESS 

2D SESSION H. CON. RES. 314 

Establishing a Joint Select Committee on Earmark Reform. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2008 

Mr. HENSARLING (for himself and Mr. CAMPBELL of California) submitted 

the following concurrent resolution; which was referred to the Committee 

on Rules 

CONCURRENT RESOLUTION 

Establishing a Joint Select Committee on Earmark Reform. 

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 


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1 of the House and 4 from the minority party by the 

2 minority leader; and 

3 (2) 8 Members of the Senate, 4 appointed from 

4 the majority party by the majority leader of the Sen5 ate and 4 from the minority party by the minority 

6 leader. 

7 A vacancy in the joint select committee shall not affect 

8 the power of the remaining members to execute the func9 tions of the joint select committee, and shall be filled in 

10 the same manner as the original selection. 

11 (b) STUDY AND REPORT.— 

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

13 make a full study of the practices of the House, Sen14 ate, and executive branch regarding earmarks in au15 thorizing, appropriation, tax, and tariff measures. 

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

17 consider the efficacy of— 

18 (A) the disclosure requirements of clause 9 

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

20 Rules of the House of Representatives, House 

21 Resolution 491, and rule XLIV of the Standing 

22 Rules of the Senate, and the definitions con23 tained therein; 

24 (B) requiring full transparency in the proc25 ess, with earmarks listed in bills at the outset 


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1 of the legislative process and continuing 

2 throughout consideration; 

3 (C) requiring that earmarks not be placed 

4 in any bill after initial committee consideration; 

5 (D) requiring that Members be permitted 

6 to offer amendments to remove earmarks at 

7 subcommittee, full committee, floor consider8 ation, and during conference committee meet9 ings; 

10 (E) requiring that bill sponsors and major11 ity and minority managers certify the validity of 

12 earmarks contained in their bills; 

13 (F) recommending changes to earmark re14 quests made by the executive branch through 

15 the annual budget submitted to Congress pur16 suant to section 1105 of title 31, United States 

17 Code; 

18 (G) requiring that House and Senate 

19 amendments meet earmark disclosure require20 ments, including amendments adopted pursuant 

21 to a special order of business; and 

22 (H) establishing new categories for ear23 marks, including— 

24 (i) projects with National scope; 

25 (ii) military projects; and 


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1 (iii) local or provincial projects, in2 cluding the level of matching funds re3 quired for such project. 

4 (2) REPORT.— 

5 (A) The joint select committee shall submit 

6 to the House and the Senate a report of its 

7 findings and recommendations not later than 6 

8 months after adoption of this concurrent resolu9 tion. 

10 (B) No recommendation shall be made by 

11 the joint select committee except upon the ma12 jority vote of the members from each House, re13 spectively. 

14 (C) Notwithstanding any other provision of 

15 this resolution, any recommendation with re16 spect to the rules and procedures of one House 

17 that only affects matters related solely to that 

18 House may only be made and voted on by mem19 bers of the joint select committee from that 

20 House and, upon its adoption by a majority of 

21 such members, shall be considered to have been 

22 adopted by the full committee as a rec23 ommendation of the joint select committee. 


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

2 joint select committee shall hold not fewer than 5 

3 public hearings. 

4 (c) RESOURCES AND DISSOLUTION.— 

5 (1) The joint select committee may utilize the 

6 resources of the House and Senate. 

7 (2) The joint select committee shall cease to 

8 exist 30 days after the submission of the report de9 scribed in subsection (a)(2). 

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

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

12 congressionally directed spending items, limited tax bene13 fits, or limited tariff benefits as those terms are used in 

14 clause 9 of rule XXI of the Rules of the House of Rep15 resentatives and rule XLIV of the Standing Rules of the 

16 Senate. Nothing in this subsection shall confine the study 

17 of the joint select committee or otherwise limit its rec18 ommendations. 

19 SEC. 2. MORATORIUM ON EARMARKS IN THE HOUSE. 

20 In the House, for the remainder of the 110th Con21 gress, it shall not be in order to consider a bill, joint reso22 lution, or conference report containing a congressional 

23 earmark, limited tax benefit, or limited tariff benefit (as 


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1 such terms are used in clause 9 of rule XXI of the Rules 

2 of the House of Representatives). 

Æ 


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