110TH CONGRESS 

2D SESSION H. R. 5755 

To establish the Bipartisan Earmark Reform Commission. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2008 

Mr. KIND (for himself, Mr. RAMSTAD, Mr. COOPER, Mr. GILCHREST, Ms. 

BEAN, Mr. UDALL of Colorado, and Mr. WALZ of Minnesota) introduced 

the following bill; which was referred to the Committee on Oversight and 

Government Reform, and in addition to the Committee on Rules, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish the Bipartisan Earmark Reform Commission. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bipartisan Earmark 

5 Reform Commission Act of 2008’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established a commission to be known as the 

8 ‘‘Bipartisan Earmark Reform Commission’’ (hereinafter 

9 in this Act referred to as the ‘‘Commission’’). 


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1 SEC. 3. DUTIES OF COMMISSION. 

2 The duties of the Commission shall be to— 

3 (1) develop a clear definition of what con4 stitutes an earmark; 

5 (2) consider all policy implications of earmarks, 

6 including— 

7 (A) the general history and trends in legis8 lative earmarks, including changes in the num9 bers and sizes of earmarks; 

10 (B) the policy effects of these earmark 

11 trends; 

12 (C) the extent to which for-profit compa13 nies receive legislative earmarks; 

14 (D) whether there are disparities between 

15 the Members, districts, States, or regions re16 ceiving legislative earmarks; 

17 (E) the impacts of legislative earmarks on 

18 the overall budget and whether there are any 

19 effects on specific departments, agencies, initia20 tives, or issue areas; 

21 (F) whether a merit-based or competitive 

22 application process similar to what is used in 

23 grant funding could be adapted for use in legis24 lative earmarks; 


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1 (G) whether the current system of disclo2 sure for legislative earmarks is sufficient for 

3 purposes of public transparency; 

4 (H) the extent to which the executive 

5 branch engages in earmarking, analyzed by 

6 number and size of earmarks; 

7 (I) whether there are any disparities be8 tween the Members, districts, States, or regions 

9 receiving executive earmarks; and 

10 (J) the extent to which earmarked projects 

11 are named after current or retired members of 

12 Congress (or family members thereof) or execu13 tive branch officials (or family members there14 of). 

15 SEC. 4. MEMBERSHIP. 

16 (a) NUMBER AND APPOINTMENT.—The Commission 

17 shall be composed of 12 members appointed as follows: 

18 (1) Three members appointed by the Speaker. 

19 (2) Two members appointed by the House mi20 nority leader. 

21 (3) Three members appointed by Senate major22 ity leader. 

23 (4) Two members appointed by Senate minority 

24 leader. 

25 (5) Two members appointed by the President. 


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1 (b) POLITICAL AFFILIATION.—Of the members ap2 pointed by each appointing authority described in sub3 section (a) who is a Member of Congress, one appointed 

4 by each such Member shall be a Member of Congress. 

5 (c) CHAIR AND CO-CHAIR.—The President shall des6 ignate a chairperson and a co-chairperson of the Commis7 sion from the members appointed under subsection (a), 

8 one of whom shall be a Republican and one of whom shall 

9 be a Democrat. 

10 (d) CONTINUATION OF MEMBERSHIP.—If a member 

11 was appointed to the Commission as a Member of Con12 gress and the member ceases to be a Member of Congress, 

13 that member shall cease to be a member of the Commis14 sion. 

15 (e) MEETINGS.—The Commission shall meet upon 

16 the call of the chairperson or a majority of its members. 

17 (f) QUORUM.—Seven members of the Commission 

18 shall constitute a quorum, but a lesser number may hold 

19 hearings. 

20 SEC. 5. DIRECTOR AND STAFF OF COMMISSION. 

21 (a) DIRECTOR.— 

22 (1) IN GENERAL.—Subject to subsection (c) 

23 and to the extent provided in advance in appropria24 tion Acts, the Commission shall appoint and fix the 

25 pay of a director. 


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1 (2) DUTIES.—The director of the Commission 

2 shall be responsible for the administration and co3 ordination of the duties of the Commission and shall 

4 perform other such duties as the Commission may 

5 direct. 

6 (b) STAFF.—In accordance with rules agreed upon 

7 by the Commission, subject to subsection (c), and to the 

8 extent provided in advance in appropriation Acts, the di9 rector may appoint and fix the pay of additional personnel. 

10 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

11 LAWS.—The director and staff of the Commission may be 

12 appointed without regard to the provisions of title 5, 

13 United States Code, governing appointments in the com14 petitive service, and may be paid without regard to the 

15 provisions of chapter 51 and subchapter III of chapter 53 

16 of that title relating to classification and General Schedule 

17 pay rates, except that pay fixed under subsection (a) may 

18 not exceed $150,000 per year and pay fixed under sub19 section (b) may not exceed a rate equal to the daily equiva20 lent of the annual rate of basic pay for level V of the Exec21 utive Schedule under section 5316 of title 5, United States 

22 Code. 

23 (d) DETAILEE.—Any Federal Government employee 

24 may be detailed to the Commission without reimbursement 

25 from the Commission, and such detailee shall retain the 


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1 rights, status, and privileges of their regular employment 

2 without interruption. 

3 (e) EXPERTS AND CONSULTANTS.—In accordance 

4 with rules agreed upon by the Commission and to the ex5 tent provided in advance in appropriation Acts, the direc6 tor may procure the services of experts and consultants 

7 under section 3109(b) of title 5, United States Code, but 

8 at rates not to exceed the daily equivalent of the annual 

9 rate of basic pay for level V of the Executive Schedule 

10 under section 5316 of title 5, United States Code. 

11 SEC. 6. POWERS OF COMMISSION. 

12 (a) HEARINGS AND EVIDENCE.—The Commission 

13 may, for the purpose of carrying out this Act, hold such 

14 hearings in addition to the town hall style public hearings, 

15 sit and act at such times and places, take such testimony, 

16 and receive such evidence as the Commission considers ap17 propriate. The Commission may administer oaths or affir18 mations to witnesses appearing before it. 

19 (b) POWERS OF MEMBERS AND AGENTS.—Any mem20 ber or agent of the Commission may, if authorized by the 

21 Commission, take any action which the Commission is au22 thorized to take under this section. 

23 (c) MAILS.—The Commission may use the United 

24 States mails in the same manner and under the same conVerDate Aug 31 2005 02:39 Apr 12, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5755.IH H5755

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1 ditions as other departments and agencies of the United 

2 States. 

3 (d) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

4 the request of the Commission, the Administrator of Gen5 eral Services shall provide to the Commission, on a reim6 bursable basis, the administrative support services nec7 essary for the Commission to carry out its responsibilities 

8 under this Act. 

9 (e) CONTRACT AUTHORITY.—To the extent provided 

10 in advance in appropriation Acts, the Commission may 

11 enter into contracts to enable the Commission to discharge 

12 its duties under this Act. 

13 SEC. 7. REPORTS. 

14 The Commission shall transmit a report to the Presi15 dent and the Congress not later than six months after its 

16 establishment. The report shall contain a detailed state17 ment of the findings and conclusions of the Commission, 

18 together with its recommendations for legislation and ad19 ministrative actions to reform the legislative and executive 

20 earmark processes. 

21 SEC. 8. TERMINATION. 

22 The Commission shall terminate 30 days after sub23 mitting its final report pursuant to section 7. 


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1 SEC. 9. CONGRESSIONAL CONSIDERATION OF LEGISLA2 TION RECOMMENDED BY THE COMMISSION. 

3 Not later than 60 legislative days after submission 

4 of the Commission’s report to Congress pursuant to sec5 tion 7, the majority leader of the House of Representatives 

6 and the majority leader of the Senate shall introduce (by 

7 request) the legislation set forth in such report. 

Æ 


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