I 
110TH CONGRESS 
2D SESSION 
H. R. 6967 
To amend the Congressional Budget and Impoundment Control Act of 1974 
to require that, for a fiscal year, the total amount of money dedicated 
for earmarks may not exceed the estimated budget surplus for that 
year. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2008 
Mrs. MCMORRIS RODGERS (for herself and Mr. MCCOTTER) introduced the 
following bill; which was referred to the Committee on Rules, and in addi-
tion to the Committee on the Budget, for a period to be subsequently de-
termined 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 and Impoundment Con-
trol Act of 1974 to require that, for a fiscal year, the 
total amount of money dedicated for earmarks may not 
exceed the estimated budget surplus for that year. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Debt Repayment In-
stead of Pork Act of 2008’’. 
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SEC. 2. BUDGETARY ENFORCEMENT TO LIMIT MONEY 
DEDICATED FOR EARMARKS. 
(a) IN GENERAL.—Title III of the Congressional 
Budget Act of 1974 is amended by adding at the end the 
following new section: 
‘‘LIMITATION ON TOTAL ANNUAL OUTLAYS FOR 
EARMARKS 
‘‘SEC. 316. (a) LIMITATION.—It shall not be in order 
in the House of Representatives or the Senate to consider 
any bill, joint resolution, amendment, motion, or con-
ference report providing new budget authority for ear-
marks if— 
‘‘(1) the enactment of that bill or resolution as 
reported; 
‘‘(2) the adoption and enactment of that 
amendment; or 
‘‘(3) the enactment of that bill or resolution in 
the form recommended in that conference report; 
would cause the level of total outlays for earmarks for any 
fiscal year to exceed the amount of the estimated budget 
surplus for that fiscal year. For any fiscal year in which 
there is no budget surplus, it shall not be in order to con-
sider any such measure that carries an earmark. 
‘‘(b) ESTIMATES OF SURPLUSES.—By March 1 of 
each calendar year, the Director of the Congressional 
Budget Office shall prepare an estimate of the surplus or 
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deficit for the fiscal year beginning in that calendar year 
and submit that estimate to the Committees on the Budg-
et of the House of Representatives and the Senate. 
‘‘(c) DEFINITION.—As used in this section, the term 
‘earmark’ has the meaning given the term ‘congressional 
earmark’ by clause 9(d) of rule XXI of the Rules of the 
House of Representatives.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Congressional Budget 
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 315 the following 
new item: 
‘‘Sec. 316. Limitation on total annual outlays for earmarks.’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act shall apply to fis-
cal years beginning after its date of enactment. 
Æ 
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