I 

111TH CONGRESS 

1ST SESSION H. R. 3268 

To amend the Rules of the House of Representatives and the Congressional 

Budget and Impoundment Control Act of 1974 to increase earmark 

transparency and accountability, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2009 

Mr. REICHERT (for himself and Mr. SMITH of Washington) introduced the following bill; which was referred to the Committee on Rules, and in addition to the Committees on the Budget, Standards of Official Conduct, the 

Judiciary, and Oversight and Government Reform, 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 Rules of the House of Representatives and 

the Congressional Budget and Impoundment Control Act 

of 1974 to increase earmark transparency and accountability, and for other purposes. 

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 Trans5 parency and Accountability Reform Act’’. 


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1 TITLE I—CHANGES IN THE 

2 RULES OF THE HOUSE OF 

3 REPRESENTATIVES TO IN4 CREASE EARMARK TRANS5 PARENCY AND ACCOUNT6 ABILITY 

7 SEC. 101. 72-HOUR REQUIREMENT. 

8 Rule XXI of the Rules of the House of Representa9 tives is amended by adding at the end the following new 

10 clause: 

11 ‘‘ Special requirement for bills and resolutions con12 taining earmarks 

13 ‘‘11. It shall not be in order to consider any bill or 

14 joint resolution reported by any committee, or any amend15 ment thereto or conference report thereon, that contains 

16 any congressional earmark (as defined in clause 9) that 

17 has not been posted on the Website of that committee for 

18 at least 72 hours (excluding Saturdays, Sundays and holi19 days except when the House is in session on such a day).’’. 

20 SEC. 102. SEARCHABLE WEBSITE FOR ALL MEMBER SPEND21 ING REQUESTS MANAGED BY THE CLERK. 

22 (a) Clause 17 of rule XXIII of the Rules of the House 

23 of Representatives is amended by redesignating paragraph 

24 (b) as paragraph (c) and by inserting after paragraph (a) 

25 the following: 


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1 ‘‘(b) Whenever any Member, Delegate, or Resident 

2 Commissioner requests a congressional earmark in any bill 

3 or joint resolution (or accompanying report)— 

4 ‘‘(1) that Member, Delegate, or Resident Commis5 sioner shall include the amount requested, the project 

6 name, a project description of the matter that is the sub7 ject of that congressional earmark, and the name of the 

8 entity that the earmark is for, and submit such informa9 tion to the Clerk for posting on the Website of the Clerk 

10 within 24 hours of making such request; 

11 ‘‘(2) that Member, Delegate, or Resident Commis12 sioner shall provide a written statement to the chairman 

13 and ranking minority member of the committee of juris14 diction certifying that the Member, Delegate, or Resident 

15 Commissioner, or their spouse, has any financial interest 

16 in the earmark; and 

17 ‘‘(3) in the case of an earmark for a non-public enti18 ty, that Member, Delegate, or Resident Commissioner 

19 shall provide an accompanying letter of support from a 

20 supporting public entity.’’. 

21 (b) Clause 2 of rule II of the Rules of the House 

22 of Representatives is amended by adding at the end the 

23 following new paragraph: 

24 ‘‘(l) The Clerk shall post on the Website of the Clerk 

25 an up-to-date list of all information submitted to the Clerk 


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1 pursuant to clause 7(b)(1) of rule XXIII under a heading 

2 entitled ‘Member Spending Requests’.’’. 

3 SEC. 103. PROHIBITING EARMARKS NOT INCLUDED IN THE 

4 TEXT OF A BILL. 

5 Clause 9 of rule XXI of the Rules of the House of 

6 Representatives is amended by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(h) It shall not be in order to consider any bill or 

9 joint resolution, or any amendment thereto or conference 

10 report thereon, if a committee report or the joint explana11 tory statement of the managers accompanying that meas12 ure contains any congressional earmark.’’. 

13 SEC. 104. LIMITATION ON EARMARKS IN CONFERENCES BE14 TWEEN THE HOUSE AND SENATE. 

15 Clause 9(b) of rule XXI of the Rules of the House 

16 of Representatives is amended to read as follows: 

17 ‘‘(b) A conference report may not include a modifica18 tion of any congressional earmark, limited tax benefit, or 

19 limited tariff benefit committed to the conference com20 mittee by either or both Houses if that modification is be21 yond the scope of that specific matter as committed to 

22 the conference committee. Whenever a point of order is 

23 made that a conference report contains a violation of this 

24 paragraph, the Chair may submit the question of whether 

25 such violation has occurred to the House and shall be deVerDate Nov 24 2008 02:51 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3268.IH H3268

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1 batable up to 10 minutes by the Member initiating the 

2 point of order and for up to 10 minutes by an opponent 

3 and shall be decided with a roll call vote as to whether 

4 to strip the congressional earmark without intervening 

5 motion except one that the House adjourn.’’. 

6 SEC. 105. PROHIBITING CONSIDERATION OF AN EARMARK 

7 FOR ANY ENTITY NAMED AFTER A SITTING 

8 MEMBER OR SENATOR. 

9 Clause 9 of rule XXI of the Rules of the House of 

10 Representatives (as amended by section 103) is further 

11 amended by adding the following new paragraph: 

12 ‘‘(i) It shall not be in order to consider any bill or 

13 joint resolution (or accompanying report), amendment, or 

14 conference report that contains a congressional earmark 

15 for any entity named after an individual then serving as 

16 a Member, Delegate, Resident Commissioner, or Sen17 ator.’’. 

18 TITLE II—EARMARK RESCISSION 

19 AUTHORITY 

20 SEC. 201. EARMARK RESCISSION AUTHORITY. 

21 Title X of the Congressional Budget and Impound22 ment Control Act of 1974 (2 U.S.C. 621 et seq.) is amend23 ed by striking all of part B (except for sections 1016 and 

24 1013, which are redesignated as sections 1019 and 1020, 

25 respectively) and part C and inserting the following: 


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1 ‘‘PART B—EARMARK RESCISSION AUTHORITY

2 ‘‘EARMARK RESCISSION AUTHORITY

3 ‘‘SEC. 1011. (a) PROPOSED CANCELLATIONS.—With4 in 30 calendar days after the enactment of any bill or joint 

5 resolution containing any congressional earmark or pro6 viding any limited tariff benefit or targeted tax benefit, 

7 the President may propose, in the manner provided in sub8 section (b), the repeal of the congressional earmark or the 

9 cancellation of any limited tariff benefit or targeted tax 

10 benefit. If the 30 calendar-day period expires during a pe11 riod where either House of Congress stands adjourned sine 

12 die at the end of Congress or for a period greater than 

13 30 calendar days, the President may propose a cancella14 tion under this section and transmit a special message 

15 under subsection (b) on the first calendar day of session 

16 following such a period of adjournment. 

17 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— 

18 ‘‘(1) SPECIAL MESSAGE.— 

19 ‘‘(A) IN GENERAL.—The President may 

20 transmit to the Congress a special message pro21 posing to repeal any congressional earmarks or 

22 to cancel any limited tariff benefits or targeted 

23 tax benefits. 

24 ‘‘(B) CONTENTS OF SPECIAL MESSAGE.— 

25 Each special message shall specify, with respect 


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1 to the congressional earmarks, limited tariff 

2 benefits, or targeted tax benefits to be repealed 

3 or canceled— 

4 ‘‘(i) the congressional earmark that 

5 the President proposes to repeal or the 

6 limited tariff benefit or the targeted tax 

7 benefit that the President proposes be can8 celed; 

9 ‘‘(ii) the specific project or govern10 mental functions involved; 

11 ‘‘(iii) the reasons why such congres12 sional earmark should be repealed or such 

13 limited tariff benefit or targeted tax ben14 efit should be canceled; 

15 ‘‘(iv) to the maximum extent prac16 ticable, the estimated fiscal, economic, and 

17 budgetary effect (including the effect on 

18 outlays and receipts in each fiscal year) of 

19 the proposed repeal or cancellation; 

20 ‘‘(v) to the maximum extent prac21 ticable, all facts, circumstances, and con22 siderations relating to or bearing upon the 

23 proposed repeal or cancellation and the de24 cision to propose the repeal or cancellation, 

25 and the estimated effect of the proposed 


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1 repeal or cancellation upon the objects, 

2 purposes, or programs for which the con3 gressional earmark, limited tariff benefit, 

4 or the targeted tax benefit is provided; 

5 ‘‘(vi) a numbered list of repeals and 

6 cancellations to be included in an approval 

7 bill that, if enacted, would repeal congres8 sional earmarks and cancel limited tariff 

9 benefits or targeted tax benefits proposed 

10 in that special message; and 

11 ‘‘(vii) if the special message is trans12 mitted subsequent to or at the same time 

13 as another special message, a detailed ex14 planation why the proposed repeals or can15 cellations are not substantially similar to 

16 any other proposed repeal or cancellation 

17 in such other message. 

18 ‘‘(C) DUPLICATIVE PROPOSALS PROHIB19 ITED.—The President may not propose to re20 peal or cancel the same or substantially similar 

21 congressional earmark, limited tariff benefit, or 

22 targeted tax benefit more than one time under 

23 this Act. 

24 ‘‘(D) MAXIMUM NUMBER OF SPECIAL MES25 SAGES.—The President may not transmit to the 


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1 Congress more than one special message under 

2 this subsection related to any bill or joint reso3 lution described in subsection (a), but may 

4 transmit not more than 2 special messages for 

5 any omnibus budget reconciliation or appropria6 tion measure. 

7 ‘‘(2) ENACTMENT OF APPROVAL BILL.— 

8 ‘‘(A) DEFICIT REDUCTION.—Congressional 

9 earmarks, limited tariff benefits, or targeted tax 

10 benefits which are repealed or canceled pursu11 ant to enactment of a bill as provided under 

12 this section shall be dedicated only to reducing 

13 the deficit or increasing the surplus. 

14 ‘‘(B) ADJUSTMENT OF LEVELS IN THE

15 CONCURRENT RESOLUTION ON THE BUDGET.— 

16 Not later than 5 days after the date of enact17 ment of an approval bill as provided under this 

18 section, the chairs of the Committees on the 

19 Budget of the Senate and the House of Rep20 resentatives shall revise allocations and aggre21 gates and other appropriate levels under the ap22 propriate concurrent resolution on the budget to 

23 reflect the repeal or cancellation, and the appli24 cable committees shall report revised suballocaVerDate Nov 24 2008 02:51 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3268.IH H3268

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1 tions pursuant to section 302(b), as appro2 priate. 

3 ‘‘(C) ADJUSTMENTS TO STATUTORY LIM4 ITS.—After enactment of an approval bill as 

5 provided under this section, the Office of Man6 agement and Budget shall revise applicable lim7 its under the Balanced Budget and Emergency 

8 Deficit Control Act of 1985, as appropriate. 

9 ‘‘(D) TRUST FUNDS AND SPECIAL

10 FUNDS.—Notwithstanding subparagraph (A), 

11 nothing in this part shall be construed to re12 quire or allow the deposit of amounts derived 

13 from a trust fund or special fund which are 

14 canceled pursuant to enactment of a bill as pro15 vided under this section to any other fund. 

16 ‘‘PROCEDURES FOR EXPEDITED CONSIDERATION

17 ‘‘SEC. 1012. (a) EXPEDITED CONSIDERATION.— 

18 ‘‘(1) IN GENERAL.—The majority leader or mi19 nority leader of each House or his designee shall (by 

20 request) introduce an approval bill as defined in sec21 tion 1017 not later than the third day of session of 

22 that House after the date of receipt of a special mes23 sage transmitted to the Congress under section 

24 1011(b). If the bill is not introduced as provided in 

25 the preceding sentence in either House, then, on the 

26 fourth day of session of that House after the date 


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1 of receipt of the special message, any Member of 

2 that House may introduce the bill. 

3 ‘‘(2) CONSIDERATION IN THE HOUSE OF REP4 RESENTATIVES.— 

5 ‘‘(A) REFERRAL AND REPORTING.—Any 

6 committee of the House of Representatives to 

7 which an approval bill is referred shall report it 

8 to the House without amendment not later than 

9 the seventh legislative day after the date of its 

10 introduction. If a committee fails to report the 

11 bill within that period or the House has adopt12 ed a concurrent resolution providing for ad13 journment sine die at the end of a Congress, 

14 such committee shall be automatically dis15 charged from further consideration of the bill 

16 and it shall be placed on the appropriate cal17 endar. 

18 ‘‘(B) PROCEEDING TO CONSIDERATION.— 

19 After an approval bill is reported by or dis20 charged from committee or the House has 

21 adopted a concurrent resolution providing for 

22 adjournment sine die at the end of a Congress, 

23 it shall be in order to move to proceed to con24 sider the approval bill in the House. Such a mo25 tion shall be in order only at a time designated 


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1 by the Speaker in the legislative schedule within 

2 two legislative days after the day on which the 

3 proponent announces his intention to offer the 

4 motion. Such a motion shall not be in order 

5 after the House has disposed of a motion to 

6 proceed with respect to that special message. 

7 The previous question shall be considered as or8 dered on the motion to its adoption without in9 tervening motion. A motion to reconsider the 

10 vote by which the motion is disposed of shall 

11 not be in order. 

12 ‘‘(C) CONSIDERATION.—The approval bill 

13 shall be considered as read. All points of order 

14 against an approval bill and against its consid15 eration are waived. The previous question shall 

16 be considered as ordered on an approval bill to 

17 its passage without intervening motion except 

18 five hours of debate equally divided and con19 trolled by the proponent and an opponent and 

20 one motion to limit debate on the bill. A motion 

21 to reconsider the vote on passage of the bill 

22 shall not be in order. 

23 ‘‘(D) SENATE BILL.—An approval bill re24 ceived from the Senate shall not be referred to 

25 committee. 


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1 ‘‘(3) CONSIDERATION IN THE SENATE.— 

2 ‘‘(A) REFERRAL AND REPORTING.—Any 

3 committee of the Senate to which an approval 

4 bill is referred shall report it to the Senate 

5 without amendment not later than the seventh 

6 legislative day after the date of its introduction. 

7 If a committee fails to report the bill within 

8 that period or the Senate has adopted a concur9 rent resolution providing for adjournment sine 

10 die at the end of a Congress, such committee 

11 shall be automatically discharged from further 

12 consideration of the bill and it shall be placed 

13 on the appropriate calendar. 

14 ‘‘(B) MOTION TO PROCEED TO CONSIDER15 ATION.—After an approval bill is reported by or 

16 discharged from committee or the Senate has 

17 adopted a concurrent resolution providing for 

18 adjournment sine die at the end of a Congress, 

19 it shall be in order to move to proceed to con20 sider the approval bill in the Senate. A motion 

21 to proceed to the consideration of a bill under 

22 this subsection in the Senate shall not be debat23 able. It shall not be in order to move to recon24 sider the vote by which the motion to proceed 

25 is agreed to or disagreed to. 


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1 ‘‘(C) LIMITS ON DEBATE.—Debate in the 

2 Senate on a bill under this subsection, and all 

3 debatable motions and appeals in connection 

4 therewith (including debate pursuant to sub5 paragraph (D)), shall not exceed 10 hours, 

6 equally divided and controlled in the usual 

7 form. 

8 ‘‘(D) APPEALS.—Debate in the Senate on 

9 any debatable motion or appeal in connection 

10 with a bill under this subsection shall be limited 

11 to not more than 1 hour, to be equally divided 

12 and controlled in the usual form. 

13 ‘‘(E) MOTION TO LIMIT DEBATE.—A mo14 tion in the Senate to further limit debate on a 

15 bill under this subsection is not debatable. 

16 ‘‘(F) MOTION TO RECOMMIT.—A motion to 

17 recommit a bill under this subsection is not in 

18 order. 

19 ‘‘(G) CONSIDERATION OF THE HOUSE

20 BILL.— 

21 ‘‘(i) IN GENERAL.—If the Senate has 

22 received the House companion bill to the 

23 bill introduced in the Senate prior to a 

24 vote under subparagraph (C), then the 

25 Senate may consider, and the vote under 


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1 subparagraph (C) may occur on, the House 

2 companion bill. 

3 ‘‘(ii) PROCEDURE AFTER VOTE ON

4 SENATE BILL.—If the Senate votes, pursu5 ant to subparagraph (C), on the bill intro6 duced in the Senate, then immediately fol7 lowing that vote, or upon receipt of the 

8 House companion bill, the House bill shall 

9 be deemed to be considered, read the third 

10 time, and the vote on passage of the Sen11 ate bill shall be considered to be the vote 

12 on the bill received from the House. 

13 ‘‘(b) AMENDMENTS PROHIBITED.—No amendment 

14 to, or motion to strike a provision from, a bill considered 

15 under this section shall be in order in either the Senate 

16 or the House of Representatives. 

17 ‘‘PRESIDENTIAL DEFERRAL AUTHORITY

18 ‘‘SEC. 1013. (a) TEMPORARY PRESIDENTIAL AU19 THORITY TO WITHHOLD CONGRESSIONAL EARMARKS.— 

20 ‘‘(1) IN GENERAL.—At the same time as the 

21 President transmits to the Congress a special mes22 sage pursuant to section 1011(b), the President may 

23 direct that any congressional earmark to be repealed 

24 in that special message shall not be made available 

25 for obligation for a period of 45 calendar days of 

26 continuous session of the Congress after the date on 


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1 which the President transmits the special message to 

2 the Congress. 

3 ‘‘(2) EARLY AVAILABILITY.—The President 

4 shall make any congressional earmark deferred pur5 suant to paragraph (1) available at a time earlier 

6 than the time specified by the President if the Presi7 dent determines that continuation of the deferral 

8 would not further the purposes of this Act. 

9 ‘‘(b) TEMPORARY PRESIDENTIAL AUTHORITY TO

10 SUSPEND A LIMITED TARIFF BENEFIT.— 

11 ‘‘(1) IN GENERAL.—At the same time as the 

12 President transmits to the Congress a special mes13 sage pursuant to section 1011(b), the President may 

14 suspend the implementation of any limited tariff 

15 benefit proposed to be canceled in that special mes16 sage for a period of 45 calendar days of continuous 

17 session of the Congress after the date on which the 

18 President transmits the special message to the Con19 gress. 

20 ‘‘(2) EARLY AVAILABILITY.—The President 

21 shall terminate the suspension of any limited tariff 

22 benefit at a time earlier than the time specified by 

23 the President if the President determines that con24 tinuation of the suspension would not further the 

25 purposes of this Act. 


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1 ‘‘(c) TEMPORARY PRESIDENTIAL AUTHORITY TO

2 SUSPEND A TARGETED TAX BENEFIT.— 

3 ‘‘(1) IN GENERAL.—At the same time as the 

4 President transmits to the Congress a special mes5 sage pursuant to section 1011(b), the President may 

6 suspend the implementation of any targeted tax ben7 efit proposed to be repealed in that special message 

8 for a period of 45 calendar days of continuous ses9 sion of the Congress after the date on which the 

10 President transmits the special message to the Con11 gress. 

12 ‘‘(2) EARLY AVAILABILITY.—The President 

13 shall terminate the suspension of any targeted tax 

14 benefit at a time earlier than the time specified by 

15 the President if the President determines that con16 tinuation of the suspension would not further the 

17 purposes of this Act. 

18 ‘‘IDENTIFICATION OF TARGETED TAX BENEFITS

19 ‘‘SEC. 1014. (a) STATEMENT.—The chairman of the 

20 Committee on Ways and Means of the House of Rep21 resentatives and the chairman of the Committee on Fi22 nance of the Senate acting jointly (hereafter in this sub23 section referred to as the ‘chairmen’) shall review any rev24 enue or reconciliation bill or joint resolution which in25 cludes any amendment to the Internal Revenue Code of 

26 1986 that is being prepared for filing by a committee of 


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1 conference of the two Houses, and shall identify whether 

2 such bill or joint resolution contains any targeted tax ben3 efits. The chairmen shall provide to the committee of con4 ference a statement identifying any such targeted tax ben5 efits or declaring that the bill or joint resolution does not 

6 contain any targeted tax benefits. Any such statement 

7 shall be made available to any Member of Congress by 

8 the chairmen immediately upon request. 

9 ‘‘(b) STATEMENT INCLUDED IN LEGISLATION.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding any other 

11 rule of the House of Representatives or any rule or 

12 precedent of the Senate, any revenue or reconcili13 ation bill or joint resolution which includes any 

14 amendment to the Internal Revenue Code of 1986 

15 reported by a committee of conference of the two 

16 Houses may include, as a separate section of such 

17 bill or joint resolution, the information contained in 

18 the statement of the chairmen, but only in the man19 ner set forth in paragraph (2). 

20 ‘‘(2) APPLICABILITY.—The separate section 

21 permitted under subparagraph (A) shall read as fol22 lows: ‘Section 1021 of the Congressional Budget and 

23 Impoundment Control Act of 1974 shall 

24 llllll apply to llllllll.’, with 

25 the blank spaces being filled in with— 


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1 ‘‘(A) in any case in which the chairmen 

2 identify targeted tax benefits in the statement 

3 required under subsection (a), the word ‘only’ 

4 in the first blank space and a list of all of the 

5 specific provisions of the bill or joint resolution 

6 in the second blank space; or 

7 ‘‘(B) in any case in which the chairmen de8 clare that there are no targeted tax benefits in 

9 the statement required under subsection (a), 

10 the word ‘not’ in the first blank space and the 

11 phrase ‘any provision of this Act’ in the second 

12 blank space. 

13 ‘‘(c) IDENTIFICATION IN REVENUE ESTIMATE.— 

14 With respect to any revenue or reconciliation bill or joint 

15 resolution with respect to which the chairmen provide a 

16 statement under subsection (a), the Joint Committee on 

17 Taxation shall— 

18 ‘‘(1) in the case of a statement described in 

19 subsection (b)(2)(A), list the targeted tax benefits in 

20 any revenue estimate prepared by the Joint Com21 mittee on Taxation for any conference report which 

22 accompanies such bill or joint resolution, or 

23 ‘‘(2) in the case of a statement described in 13 

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1 mate that no provision in such bill or joint resolution 

2 has been identified as a targeted tax benefit. 

3 ‘‘(d) PRESIDENT’S AUTHORITY.—If any revenue or 

4 reconciliation bill or joint resolution is signed into law— 

5 ‘‘(1) with a separate section described in sub6 section (b)(2), then the President may use the au7 thority granted in this section only with respect to 

8 any targeted tax benefit in that law, if any, identi9 fied in such separate section; or 

10 ‘‘(2) without a separate section described in 

11 subsection (b)(2), then the President may use the 

12 authority granted in this section with respect to any 

13 targeted tax benefit in that law. 

14 ‘‘TREATMENT OF CANCELLATIONS

15 ‘‘SEC. 1015. The repeal of any congressional earmark 

16 or cancellation of any limited tariff benefit or targeted tax 

17 benefit shall take effect only upon enactment of the appli18 cable approval bill. If an approval bill is not enacted into 

19 law before the end of the applicable period under section 

20 1013, then all proposed repeals and cancellations con21 tained in that bill shall be null and void and any such 

22 congressional earmark, limited tariff benefit, or targeted 

23 tax benefit shall be effective as of the original date pro24 vided in the law to which the proposed repeals or cancella25 tions applied. 


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1 ‘‘REPORTS BY COMPTROLLER GENERAL

2 ‘‘SEC. 1016. With respect to each special message 

3 under this part, the Comptroller General shall issue to the 

4 Congress a report determining whether any congressional 

5 earmark is not repealed or limited tariff benefit or tar6 geted tax benefit continues to be suspended after the de7 ferral authority set forth in section 1013 of the President 

8 has expired. 

9 ‘‘DEFINITIONS

10 ‘‘SEC. 1017. As used in this part: 

11 ‘‘(1) APPROPRIATION LAW.—The term ‘appro12 priation law’ means an Act referred to in section 

13 105 of title 1, United States Code, including any 

14 general or special appropriation Act, or any Act 

15 making supplemental, deficiency, or continuing ap16 propriations, that has been signed into law pursuant 

17 to Article I, section 7, of the Constitution of the 

18 United States. 

19 ‘‘(2) APPROVAL BILL.—The term ‘approval bill’ 

20 means a bill or joint resolution which only approves 

21 proposed repeals of congressional earmarks or can22 cellations of limited tariff benefits or targeted tax 

23 benefits in a special message transmitted by the 

24 President under this part and— 

25 ‘‘(A) the title of which is as follows: ‘A bill 

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1 tions transmitted by the President on lll’, 

2 the blank space being filled in with the date of 

3 transmission of the relevant special message 

4 and the public law number to which the mes5 sage relates; 

6 ‘‘(B) which does not have a preamble; and 

7 ‘‘(C) which provides only the following 

8 after the enacting clause: ‘That the Congress 

9 approves of proposed repeals and cancellations 

10 lll’, the blank space being filled in with a 

11 list of the repeals and cancellations contained in 

12 the President’s special message, ‘as transmitted 

13 by the President in a special message on 

14 llll’, the blank space being filled in with 

15 the appropriate date, ‘regarding llll.’, the 

16 blank space being filled in with the public law 

17 number to which the special message relates; 

18 ‘‘(D) which only includes proposed repeals 

19 and cancellations that are estimated by CBO to 

20 meet the definition of congressional earmark or 

21 limited tariff benefits, or that are identified as 

22 targeted tax benefits pursuant to section 1014; 

23 and 

24 ‘‘(E) if no CBO estimate is available, then 

25 the entire list of legislative provisions proposed 


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1 by the President is inserted in the second blank 

2 space in subparagraph (C). 

3 ‘‘(3) CALENDAR DAY.—The term ‘calendar day’ 

4 means a standard 24-hour period beginning at mid5 night. 

6 ‘‘(4) CANCEL OR CANCELLATION.—The terms 

7 ‘cancel’ or ‘cancellation’ means to prevent— 

8 ‘‘(A) a limited tariff benefit from having 

9 legal force or effect, and to make any necessary, 

10 conforming statutory change to ensure that 

11 such limited tariff benefit is not implemented; 

12 or 

13 ‘‘(B) a targeted tax benefit from having 

14 legal force or effect, and to make any necessary, 

15 conforming statutory change to ensure that 

16 such targeted tax benefit is not implemented 

17 and that any budgetary resources are appro18 priately canceled. 

19 ‘‘(5) CBO.—The term ‘CBO’ means the Direc20 tor of the Congressional Budget Office. 

21 ‘‘(6) CONGRESSIONAL EARMARK.—The term 

22 ‘congressional earmark’ means a provision or report 

23 language included primarily at the request of a 

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1 cific amount of discretionary budget authority, credit 

2 authority, or other spending authority for a contract, 

3 loan, loan guarantee, grant, loan authority, or other 

4 expenditure with or to an entity, or targeted to a 

5 specific State, locality or Congressional district, 

6 other than through a statutory or administrative for7 mula-driven or competitive award process. 

8 ‘‘(7) ENTITY.—As used in paragraph (6), the 

9 term ‘entity’ includes a private business, State, terri10 tory or locality, or Federal entity. 

11 ‘‘(8) LIMITED TARIFF BENEFIT.—The term 

12 ‘limited tariff benefit’ means any provision of law 

13 that modifies the Harmonized Tariff Schedule of the 

14 United States in a manner that benefits 10 or fewer 

15 entities (as defined in paragraph (12)(B)). 

16 ‘‘(9) OMB.—The term ‘OMB’ means the Direc17 tor of the Office of Management and Budget. 

18 ‘‘(10) OMNIBUS RECONCILIATION OR APPRO19 PRIATION MEASURE.—The term ‘omnibus reconcili20 ation or appropriation measure’ means— 

21 ‘‘(A) in the case of a reconciliation bill, any 

22 such bill that is reported to its House by the 

23 Committee on the Budget; or 

24 ‘‘(B) in the case of an appropriation meas25 ure, any such measure that provides appropriaVerDate Nov 24 2008 02:51 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3268.IH H3268

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1 tions for programs, projects, or activities falling 

2 within 2 or more section 302(b) suballocations. 

3 ‘‘(11) TARGETED TAX BENEFIT.—(A) The term 

4 ‘targeted tax benefit’ means any revenue-losing pro5 vision that provides a Federal tax deduction, credit, 

6 exclusion, or preference to ten or fewer beneficiaries 

7 (determined with respect to either present law or 

8 any provision of which the provision is a part) under 

9 the Internal Revenue Code of 1986 in any year for 

10 which the provision is in effect; 

11 ‘‘(B) for purposes of subparagraph (A)— 

12 ‘‘(i) all businesses and associations 

13 that are members of the same controlled 

14 group of corporations (as defined in sec15 tion 1563(a) of the Internal Revenue Code 

16 of 1986) shall be treated as a single bene17 ficiary; 

18 ‘‘(ii) all shareholders, partners, mem19 bers, or beneficiaries of a corporation, 

20 partnership, association, or trust or estate, 

21 respectively, shall be treated as a single 

22 beneficiary; 

23 ‘‘(iii) all employees of an employer 

24 shall be treated as a single beneficiary; 


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1 ‘‘(iv) all qualified plans of an em2 ployer shall be treated as a single bene3 ficiary; 

4 ‘‘(v) all beneficiaries of a qualified 

5 plan shall be treated as a single bene6 ficiary; 

7 ‘‘(vi) all contributors to a charitable 

8 organization shall be treated as a single 

9 beneficiary; 

10 ‘‘(vii) all holders of the same bond 

11 issue shall be treated as a single bene12 ficiary; and 

13 ‘‘(viii) if a corporation, partnership, 

14 association, trust or estate is the bene15 ficiary of a provision, the shareholders of 

16 the corporation, the partners of the part17 nership, the members of the association, or 

18 the beneficiaries of the trust or estate shall 

19 not also be treated as beneficiaries of such 

20 provision; 

21 ‘‘(C) for the purpose of this paragraph, the 

22 term ‘revenue-losing provision’ means any pro23 vision that is estimated to result in a reduction 

24 in Federal tax revenues (determined with re25 spect to either present law or any provision of 


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1 which the provision is a part) for any one of the 

2 two following periods— 

3 ‘‘(i) the first fiscal year for which the 

4 provision is effective; or 

5 ‘‘(ii) the period of the 5 fiscal years 

6 beginning with the first fiscal year for 

7 which the provision is effective; 

8 ‘‘(D) the term ‘targeted tax benefit’ does 

9 not include any provision which applies uni10 formly to an entire industry; and 

11 ‘‘(E) the terms used in this paragraph 

12 shall have the same meaning as those terms 

13 have generally in the Internal Revenue Code of 

14 1986, unless otherwise expressly provided. 

15 ‘‘EXPIRATION

16 ‘‘SEC. 1018. This title shall have no force or effect 

17 on or after December 31, 2012.’’. 

18 SEC. 202. TECHNICAL AND CONFORMING AMENDMENTS. 

19 (a) EXERCISE OF RULEMAKING POWERS.—Section 

20 904 of the Congressional Budget Act of 1974 (2 U.S.C. 

21 621 note) is amended— 

22 (1) in subsection (a), by striking ‘‘1017’’ and 

23 inserting ‘‘1012’’; and 

24 (2) in subsection (d), by striking ‘‘section 

25 1017’’ and inserting ‘‘section 1012’’. 


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1 (b) ANALYSIS BY CONGRESSIONAL BUDGET OF2 FICE.—Section 402 of the Congressional Budget Act of 

3 1974 is amended by inserting ‘‘(a)’’ after ‘‘402.’’ and by 

4 adding at the end the following new subsection: 

5 ‘‘(b) Upon the receipt of a special message under sec6 tion 1011 proposing to repeal any congressional earmark, 

7 the Director of the Congressional Budget Office shall pre8 pare an estimate of the savings in budget authority or out9 lays resulting from such proposed repeal relative to the 

10 most recent levels calculated consistent with the method11 ology used to calculate a baseline under section 257 of 

12 the Balanced Budget and Emergency Deficit Control Act 

13 of 1985 and included with a budget submission under sec14 tion 1105(a) of title 31, United States Code, and transmit 

15 such estimate to the chairmen of the Committees on the 

16 Budget of the House of Representatives and Senate.’’. 

17 (c) CLERICAL AMENDMENTS.—(1) Section 1(a) of 

18 the Congressional Budget and Impoundment Control Act 

19 of 1974 is amended by striking the last sentence. 

20 (2) Section 1022(c) of such Act (as redesignated) is 

21 amended is amended by striking ‘‘rescinded or that is to 

22 be reserved’’ and inserting ‘‘canceled’’ and by striking 

23 ‘‘1012’’ and inserting ‘‘1011’’. 

24 (d) TABLE OF CONTENTS.—The table of contents set 

25 forth in section 1(b) of the Congressional Budget and ImVerDate Nov 24 2008 02:51 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3268.IH H3268

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1 poundment Control Act of 1974 is amended by striking 

2 the contents for parts B and C of title X and inserting 

3 the following: 

‘‘PART B—EARMARK RESCISSION AUTHORITY

‘‘Sec. 1011. Earmark rescission authority. 

‘‘Sec. 1012. Procedures for expedited consideration. 

‘‘Sec. 1013. Presidential deferral authority. 

‘‘Sec. 1014. Identification of targeted tax benefits. 

‘‘Sec. 1015. Treatment of cancellations. 

‘‘Sec. 1016. Reports by comptroller general. 

‘‘Sec. 1017. Definitions. 

‘‘Sec. 1018. Expiration. 

‘‘Sec. 1019. Suits by Comptroller General. 

‘‘Sec. 1020. Proposed Deferrals of budget authority.’’. 

4 SEC. 203. SENSE OF CONGRESS ON ABUSE OF PROPOSED 

5 REPEALS AND CANCELLATIONS. 

6 It is the sense of Congress no President or any execu7 tive branch official should condition the inclusion or exclu8 sion or threaten to condition the inclusion or exclusion of 

9 any proposed repeal or cancellation in any special message 

10 under part B of title X of the Congressional Budget and 

11 Impoundment Control Act of 1974 upon any vote cast or 

12 to be cast by any Member of either House of Congress. 

13 TITLE III—GAO PERFORMANCE 

14 AUDITS OF EARMARKS TO 

15 NON-FEDERAL ENTITIES 

16 SEC. 301. ACCOUNTABILITY FOR EXPENDITURE OF CON17 GRESSIONAL EARMARKS. 

18 (a) GOVERNMENT ACCOUNTABILITY OFFICE AUDITS

19 OF EARMARK FUNDED PROGRAMS, PROJECTS, AND ACVerDate Nov 24 2008 02:51 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3268.IH H3268

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1 TIVITIES.—Section 3523 of title 31, United States Code, 

2 is amended by adding at the end the following: 

3 ‘‘(d)(1) The Comptroller General shall develop and 

4 implement a systematic process to— 

5 ‘‘(A) review audits of programs, projects, and 

6 activities funded through earmarks and submitted to 

7 the Comptroller General under section 3521(j) and 

8 section 9105(d); and 

9 ‘‘(B) annually conduct such number of audits of 

10 programs, projects, and activities funded through 

11 earmarks (as defined in section 3521(j)) as the 

12 Comptroller General determines to be appropriate. 

13 ‘‘(2) Not later than March 31 of each fiscal year, the 

14 Comptroller General shall submit to Congress a report 

15 containing, for programs, projects, or activities conducted 

16 during the previous fiscal year under paragraph (1), the 

17 results of— 

18 ‘‘(A) audits submitted to the Comptroller Gen19 eral under section 3521(j) and under section 

20 9105(d); 

21 ‘‘(B) reviews of audits by the Comptroller Gen22 eral under paragraph (1)(A); and 

23 ‘‘(C) audits the Comptroller General conducts 

24 under paragraph (1)(B).’’. 


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1 (b) AGENCY REPORTS ON EARMARK FUNDED PRO2 GRAMS, PROJECTS, AND ACTIVITIES.—Section 3521 of 

3 title 31, United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘(j)(1) If an agency conducts an audit of any pro6 gram, project, or activity that is administered by the agen7 cy and is funded through an earmark, the agency shall, 

8 at the time a person submits a report under subsection 

9 (f) concerning the audited financial statement for the ac10 counts associated with such program, project, or activity, 

11 submit to the Comptroller General of the United States 

12 the results of the audit. 

13 ‘‘(2) If an auditor submits to an agency, under sec14 tion 7502(k), the results of audit of any program, project, 

15 or activity funded through an earmark, the agency shall, 

16 at the time described in paragraph (1), submit such re17 sults to the Comptroller General. 

18 ‘‘(3) For purposes of this subsection, the term ‘fund19 ed through an earmark’ means that the program, project, 

20 or activity is included on— 

21 ‘‘(A) a list of ‘congressional earmarks’ gen22 erated under the Rules of the House of Representa23 tives; 


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1 ‘‘(B) a list of ‘congressionally directed spend2 ing’ generated under the Standing Rules of the Sen3 ate; or 

4 ‘‘(C) on both such lists.’’. 

5 (c) NON-FEDERAL ENTITY REPORTS ON EARMARK

6 FUNDED PROGRAMS, PROJECTS, AND ACTIVITIES.—Sec7 tion 7502 of such title is amended by adding at the end 

8 the following: 

9 ‘‘(k) If a non-Federal entity described in subsection 

10 (a)(1)(A) has an audit made of any program, project, or 

11 activity that is administered by the entity and is funded 

12 through an earmark (as defined in section 3521(j)), the 

13 auditor of such program, project, or activity shall, not 

14 later than the date set by the Director, submit to the agen15 cy with jurisdiction over such program, project, or activity 

16 the results of the audit.’’. 

17 (d) GOVERNMENT CORPORATION REPORTS ON EAR18 MARK FUNDED PROGRAMS, PROJECTS, AND ACTIVI19 TIES.—Section 9105 of such title is amended by adding 

20 at the end the following: 

21 ‘‘(d) If the Inspector General of a Government cor22 poration or an independent external auditor described in 

23 subsection (a)(1) conducts an audit of any program, 

24 project, or activity that is administered by the corporation 

25 and is funded through an earmark (as defined in section 


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1 3521(j)), such Inspector General or auditor shall, upon 

2 completion of the audit, submit the results of the audit 

3 to the Comptroller General of the United States.’’. 

4 TITLE IV—REPORTS BY RECIPI5 ENTS OF FEDERAL FUNDS 

6 SEC. 401. LOBBYING ON BEHALF OF RECIPIENTS OF FED7 ERAL FUNDS. 

8 The Lobbying Disclosure Act of 1995 is amended by 

9 adding after section 5 the following: 

10 ‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS. 

11 ‘‘(a) IN GENERAL.—A nonpublic recipient of Federal 

12 funds shall file a report as required by section 5(a) con13 taining— 

14 ‘‘(1) the name of any lobbyist registered under 

15 this Act to whom the recipient paid money to lobby 

16 on behalf of the Federal funding received by the re17 cipient; and 

18 ‘‘(2) the amount of money paid as described in 

19 paragraph (1). 

20 ‘‘(b) DEFINITION.—In this section, the term ‘recipi21 ent of Federal funds’ means the recipient of Federal funds 

22 constituting an award, grant, or loan.’’. 


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1 TITLE V—ESTABLISHMENT OF 

2 JOINT SELECT COMMITTEE 

3 ON EARMARK REFORM 

4 SEC. 501. JOINT SELECT COMMITTEE ON EARMARK RE5 FORM. 

6 (a) ESTABLISHMENT AND COMPOSITION.—There is 

7 hereby established a Joint Select Committee on Earmark 

8 Reform. The joint select committee shall be composed of 

9 16 members as follows: 

10 (1) 8 Members of the House of Representatives, 

11 4 appointed from the majority party by the Speaker 

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

13 appointed by the minority leader; and 

14 (2) 8 Members of the Senate, 4 appointed from 

15 the majority party by the majority leader of the Sen16 ate, and 4 from the minority party to be appointed 

17 by the minority leader. 

18 A vacancy in the joint select committee shall not affect 

19 the power of the remaining members to execute the func20 tions of the joint select committee, and shall be filled in 

21 the same manner as the original selection. 

22 (b) STUDY AND REPORT.— 

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

24 make a full study of the practices of the House, Sen25 ate, and Executive Branch regarding earmarks in 


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1 authorizing, appropriation, tax, and tariff measures. 

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

3 consider the efficacy of— 

4 (A) the disclosure requirements of clause 9 

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

6 Rules of the House of Representatives and rule 

7 XLIV of the Standing Rules of the Senate, and 

8 the definitions contained 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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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 

18 180 days after the end of the first fiscal year 

19 for which this Act and the amendments made 

20 by this Act apply. 

21 (B) No recommendation shall be made by 

22 the joint select committee except upon the ma23 jority vote of the members from each House, re24 spectively. 


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1 (C) Notwithstanding any other provision of 

2 this resolution, any recommendation with re3 spect to the rules and procedures of one House 

4 that only affects matters related solely to that 

5 House may only be made and voted on by mem6 bers of the joint select committee from that 

7 House and, upon its adoption by a majority of 

8 such members, shall be considered to have been 

9 adopted by the full committee as a rec10 ommendation of the joint select committee. 

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

12 select committee shall hold not fewer than 5 public hear13 ings. 

14 (c) RESOURCES AND DISSOLUTION.— 

15 (1) The joint select committee may utilize the 

16 resources of the House and Senate. 

17 (2) The joint select committee shall cease to 

18 exist 30 days after the submission of the report de19 scribed in subsection (b)(2). 

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

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

22 congressionally directed spending items, limited tax bene23 fits, or limited tariff benefits as those terms are used in 

24 clause 9 of rule XXI of the Rules of the House of Rep25 resentatives and rule XLIV of the Standing Rules of the 


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1 Senate. Nothing in this subsection shall confine the study 

2 of the joint select committee or otherwise limit its rec3 ommendations. 

4 TITLE VI—SENSE OF THE 

5 CONGRESS PROVISIONS 

6 SEC. 601. DISCLOSURE OF EARMARKS REQUESTED BY THE 

7 PRESIDENT. 

8 It is the sense of the Congress that the President 

9 should disclose in an annual single report all earmarks re10 quested in the annual budget submission of the President. 

11 SEC. 602. OFFICIAL VISITS TO PROJECT SITES. 

12 It is the sense of the Congress that any Member of 

13 the House of Representatives (or his or her delegate) who 

14 submits a request for a congressional earmark should 

15 make an official visit to the project site or location of the 

16 entity that is the subject of the earmark request. 

17 SEC. 603. HEARINGS RESPECTING EARMARKS. 

18 It is the sense of the Congress that the subcommit19 tees of the Committee on Appropriations of the House of 

20 Representatives should hold hearings for Members who re21 quest earmarks to testify. 

22 TITLE VII—EFFECTIVE DATE 

23 SEC. 701. EFFECTIVE DATE. 

24 This Act and the amendments made by this Act shall 

25 apply with respect to the later of— 


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1 (1) fiscal year 2011; or 

2 (2) the first fiscal year which begins after the 

3 first January which occurs after the date of the en4 actment of this Act. 

Æ 


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