I 

111TH CONGRESS 

2D SESSION H. R. 4831 

To amend the Congressional Budget Act of 1974 to set a cap on allocated 

funds for earmarks. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2010 

Mr. GINGREY of Georgia introduced the following bill; which was referred to 

the Committee on Rules, and in addition to the Committee on the Budget, 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 amend the Congressional Budget Act of 1974 to set 

a cap on allocated funds for earmarks. 

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 ‘‘Earmark Reform Act 

5 of 2010’’. 

6 SEC. 2. CAP ON ALLOCATED FUNDS FOR EARMARKS. 

7 Section 302 of the Congressional Budget Act of 1974 

8 is amended by adding at the end the following new sub9 section: 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 4831 IH

1 ‘‘(h) EARMARK ALLOCATION CAP.— 

2 ‘‘(1) FURTHER DIVISION OF AMOUNTS.—In the 

3 Senate and in the House of Representatives, the 

4 amounts allocated to the Committees on Appropria5 tions under subsection (a) shall be further divided to 

6 establish an allocation of— 

7 ‘‘(A) $14,500,000,000 of total new budget 

8 authority and total outlays for earmarks in ap9 propriation measures for the first fiscal year of 

10 the first concurrent resolution on the budget to 

11 which this subsection applies; and 

12 ‘‘(B) an amount of total new budget au13 thority and total outlays for earmarks in appro14 priation measures for the first fiscal year of 

15 each ensuing concurrent resolution on the budg16 et equal to one percent of total new budget au17 thority and total outlays allocated to such com18 mittees under subsection (a) for that fiscal 

19 year. 

20 ‘‘(2) DIVISION BY MEMBERSHIP.— 

21 ‘‘(A) IN GENERAL.—The $14,500,000 of 

22 new budget authority and outlays shall be 

23 equally divided among each Member of the 

24 House of Representatives and each Senator. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 4831 IH

1 ‘‘(B) FURTHER ADJUSTMENT OF ALLOCA2 TIONS AND SUBALLOCATIONS.—Whenever a 

3 Member or Senator chooses not to request the 

4 full amount of new budget authority and out5 lays allocated to that Member or Senator for 

6 earmarks for a fiscal year, the subsection (a) 

7 allocation to the applicable Committee on Ap8 propriations shall be reduced accordingly and 

9 that committee shall adjust its subsection (b) 

10 suballocation accordingly. 

11 ‘‘(3) POINT OF ORDER.—It shall not be in 

12 order in the House of Representatives or the Senate 

13 to consider any bill, joint resolution, or amendment 

14 if— 

15 ‘‘(A) the enactment of such bill or resolu16 tion as reported; 

17 ‘‘(B) the adoption and enactment of such 

18 amendment; or 

19 ‘‘(C) the enactment of such bill or resolu20 tion in the form recommended in such con21 ference report, 

22 would cause the applicable allocation of new budget 

23 authority or outlays made under paragraph (1) or 

24 (2) for a fiscal year to be exceeded. 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 4831 IH

1 ‘‘(4) DEFINITION.—As used in this Act, the 

2 term ‘earmark’ shall have the meaning given to the 

3 term ‘congressional earmark’ in clause 9 of rule XXI 

4 of the Rules of the House of Representatives, except 

5 that it shall only apply to provisions carried in an 

6 appropriation measure or report language respecting 

7 any such measure.’’. 

8 SEC. 3. EFFECTIVE DATE. 

9 The amendment made by this Act shall apply to the 

10 first fiscal year beginning in the first calendar year begin11 ning after the date of enactment of this Act and to subse12 quent fiscal years. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS