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SEC. 404. CONGRESSIONAL EARMARK REFORM. 
(a) POINT OF ORDER AGAINST CONGRESSIONAL EAR-
MARKS.—Rule XXI is amended by adding at the end the fol-
lowing new clause: 
‘‘9. (a) It shall not be in order to consider—
‘‘(1) a bill or joint resolution reported by a com-
mittee unless the report includes a list of congressional 
earmarks, limited tax benefits, and limited tariff benefits 
in the bill or in the report (and the name of any Mem-
ber, Delegate, or Resident Commissioner who submitted 
a request to the committee for each respective item in-
cluded in such list) or a statement that the proposition 
contains no congressional earmarks, limited tax benefits, 
or limited tariff benefits; 
‘‘(2) a bill or joint resolution not reported by a com-
mittee unless the chairman of each committee of initial 
referral has caused a list of congressional earmarks, lim-
ited tax benefits, and limited tariff benefits in the bill 
(and the name of any Member, Delegate, or Resident 
Commissioner who submitted a request to the committee 
for each respective item included in such list) or a state-
ment that the proposition contains no congressional ear-
marks, limited tax benefits, or limited tariff benefits to 
be printed in the Congressional Record prior to its con-
sideration;
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‘‘(3) an amendment to a bill or joint resolution to 
be offered at the outset of its consideration for amend-
ment by a member of a committee of initial referral as 
designated in a report of the Committee on Rules to ac-
company a resolution prescribing a special order of busi-
ness unless the proponent has caused a list of congres-
sional earmarks, limited tax benefits, and limited tariff 
benefits in the amendment (and the name of any Mem-
ber, Delegate, or Resident Commissioner who submitted 
a request to the proponent for each respective item in-
cluded in such list) or a statement that the proposition 
contains no congressional earmarks, limited tax benefits, 
or limited tariff benefits to be printed in the Congres-
sional Record prior to its consideration; or 
‘‘(4) a conference report to accompany a bill or 
joint resolution unless the joint explanatory statement 
prepared by the managers on the part of the House and 
the managers on the part of the Senate includes a list 
of congressional earmarks, limited tax benefits, and lim-
ited tariff benefits in the conference report or joint 
statement (and the name of any Member, Delegate, 
Resident Commissioner, or Senator who submitted a re-
quest to the House or Senate committees of jurisdiction 
for each respective item included in such list) or a state-
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ment that the proposition contains no congressional ear-
marks, limited tax benefits, or limited tariff benefits. 
‘‘(b) It shall not be in order to consider a rule or order 
that waives the application of paragraph (a). As disposition 
of a point of order under this paragraph, the Chair shall put 
the question of consideration with respect to the rule or order 
that waives the application of paragraph (a). The question of 
consideration shall be debatable for 10 minutes by the Mem-
ber initiating the point of order and for 10 minutes by an 
opponent, but shall otherwise be decided without intervening 
motion except one that the House adjourn. 
‘‘(c) In order to be cognizable by the Chair, a point of 
order raised under paragraph (a) may be based only on the 
failure of a report, submission to the Congressional Record, 
or joint explanatory statement to include a list required by 
paragraph (a) or a statement that the proposition contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits. 
‘‘(d) For the purpose of this clause, the term ‘congres-
sional earmark’ means a provision or report language in-
cluded primarily at the request of a Member, Delegate, Resi-
dent Commissioner, or Senator providing, authorizing or rec-
ommending a specific amount of discretionary budget author-
ity, credit authority, or other spending authority for a con-
tract, loan, loan guarantee, grant, loan authority, or other ex-
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penditure with or to an entity, or targeted to a specific State, 
locality or Congressional district, other than through a statu-
tory or administrative formula-driven or competitive award 
process. 
‘‘(e) For the purpose of this clause, the term ‘limited tax 
benefit’ means—
‘‘(1) any revenue-losing provision that—
‘‘(A) provides a Federal tax deduction, credit, 
exclusion, or preference to 10 or fewer beneficiaries 
under the Internal Revenue Code of 1986, and 
‘‘(B) contains eligibility criteria that are not 
uniform in application with respect to potential 
beneficiaries of such provision; or 
‘‘(2) any Federal tax provision which provides one 
beneficiary temporary or permanent transition relief 
from a change to the Internal Revenue Code of 1986. 
‘‘(f) For the purpose of this clause, the term ‘limited 
tariff benefit’ means a provision modifying the Harmonized 
Tariff Schedule of the United States in a manner that bene-
fits 10 or fewer entities. 
(b) RELATED AMENDMENT TO CODE OF OFFICIAL CON-
DUCT.—Rule XXIII is amended—
(a) by redesignating clause 16 (as earlier redesig-
nated) as clause 18; and
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(b) by inserting after clause 15 the following new 
clauses: 
‘‘16. A Member, Delegate, or Resident Commis-
sioner may not condition the inclusion of language to 
provide funding for a congressional earmark, a limited 
tax benefit, or a limited tariff benefit in any bill or joint 
resolution (or an accompanying report) or in any con-
ference report on a bill or joint resolution (including an 
accompanying joint explanatory statement of managers) 
on any vote cast by another Member, Delegate, or Resi-
dent Commissioner. For purposes of this clause and 
clause 17, the terms ‘congressional earmark’, ‘limited 
tax benefit’, and ‘limited tariff benefit’ shall have the 
meanings given them in clause 9 of rule XXI. 
‘‘17. (a) A Member, Delegate, or Resident Commis-
sioner who requests a congressional earmark, a limited 
tax benefit, or a limited tariff benefit in any bill or joint 
resolution (or an accompanying report) or in any con-
ference report on a bill or joint resolution (or an accom-
panying joint statement of managers) shall provide a 
written statement to the chairman and ranking minority 
member of the committee of jurisdiction, including—
‘‘(1) the name of the Member, Delegate, or 
Resident Commissioner;
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‘‘10. It shall not be in order to consider any bill, joint 
resolution, amendment, or conference report if the provisions 
of such measure affecting direct spending and revenues have 
the net effect of increasing the deficit or reducing the surplus 
for either the period comprising the current fiscal year and 
the five fiscal years beginning with the fiscal year that ends 
in the following calendar year or the period comprising the 
current fiscal year and the ten fiscal years beginning with the 
fiscal year that ends in the following calendar year. The ef-
fect of such measure on the deficit or surplus shall be deter-
mined on the basis of estimates made by the Committee on 
the Budget relative to—
‘‘(a) the most recent baseline estimates supplied by 
the Congressional Budget Office consistent with section 
257 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 used in considering a concurrent 
resolution on the budget; or 
‘‘(b) after the beginning of a new calendar year and 
before consideration of a concurrent resolution on the 
budget, the most recent baseline estimates supplied by 
the Congressional Budget Office consistent with section 
257 of the Balanced Budget and Emergency Deficit 
Control Act of 1985.’’.
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Title V. Miscellaneous 
SEC. 501. The Rules of the House of Representatives of 
the One Hundred Ninth Congress, including applicable provi-
sions of law or concurrent resolution that constituted rules of 
the House at the end of the One Hundred Ninth Congress, 
together with such amendments thereto in this resolution as 
may otherwise have been adopted, are adopted as the Rules 
of the House of Representatives of the One Hundred Tenth 
Congress, with the following amendments: 
SEC. 502. DEPOSITION AUTHORITY. 
Clause 4(c) of rule X is amended by adding at the end 
the following new subparagraph: 
‘‘(3)(A) The Committee on Oversight and Government 
Reform may adopt a rule authorizing and regulating the tak-
ing of depositions by a member or counsel of the committee, 
including pursuant to subpoena under clause 2(m) of rule XI 
(which hereby is made applicable for such purpose). 
‘‘(B) A rule adopted by the committee pursuant to this 
subparagraph—
‘‘(i) may provide that a deponent be directed to sub-
scribe an oath or affirmation before a person authorized 
by law to administer the same; and 
‘‘(ii) shall ensure that the minority members and 
staff of the committee are accorded equitable treatment
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with respect to notice of and a reasonable opportunity to 
participate in any proceeding conducted thereunder. 
‘‘(C) Information secured pursuant to the authority de-
scribed in subdivision (A) shall retain the character of dis-
covery until offered for admission in evidence before the com-
mittee, at which time any proper objection shall be timely.’’. 
SEC. 503. RECORD VOTES IN THE COMMITTEE ON RULES. 
The second sentence of clause 3(b) of rule XIII is 
amended by inserting ‘‘a report by the Committee on Rules 
on a rule, joint rule, or the order of business or to’’ after 
‘‘to’’. 
SEC. 504. CHANGES TO REFLECT INTELLIGENCE COMMUNITY 
REFORM. 
Clause 11 of rule X is amended by—
(a) in paragraph (b)(1)(A), striking ‘‘Director of 
Central Intelligence’’ and inserting ‘‘Director of National 
Intelligence’’; 
(b) in paragraph (b)(1)(A), striking ‘‘Foreign’’; 
(c) in paragraph (b)(1)(D)(i), striking ‘‘Director of 
Central Intelligence’’ and inserting ‘‘Director of National 
Intelligence’’; 
(d) in paragraph (b)(1)(D)(i), striking ‘‘Foreign’’; 
(e) in paragraph (c)(2), inserting ‘‘the Director of 
National Intelligence,’’ before ‘‘the Director of the Cen-
tral Intelligence Agency’’;
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(f) in paragraph (e)(2), striking ‘‘Central’’ and in-
serting ‘‘National’’; and 
(g) in paragraph (i), striking subparagraphs (1) 
through (6) and inserting in lieu thereof the following: 
‘‘(1) The activities of the Director of National Intel-
ligence and the Office of the Director of National Intel-
ligence. 
‘‘(2) The activities of the Central Intelligence Agen-
cy. 
‘‘(3) The activities of the Defense Intelligence Agen-
cy. 
‘‘(4) The activities of the National Security Agency. 
‘‘(5) The intelligence and intelligence-related activi-
ties of other agencies and subdivisions of the Depart-
ment of Defense. 
‘‘(6) The intelligence and intelligence-related activi-
ties of the Department of State. 
‘‘(7) The intelligence and intelligence-related activi-
ties of the Federal Bureau of Investigation. 
‘‘(8) The intelligence and intelligence-related activi-
ties of all other departments and agencies of the execu-
tive branch.’’. 
SEC. 505. TECHNICAL AND CONFORMING CHANGES. 
(a) Clause 12(b) of rule I is amended to read as follows: