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 fol-
lowing bill; which was referred to the Committee on Rules, and in addi-
tion to the Committees on the Budget, Standards of Official Conduct, the 
Judiciary, and Oversight and Government Reform, for a period to be sub-
sequently 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 account-
ability, and for other purposes. 
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 ‘‘Earmark Trans-
parency and Accountability Reform Act’’. 
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TITLE 
I—CHANGES 
IN 
THE 
RULES OF THE HOUSE OF 
REPRESENTATIVES 
TO 
IN-
CREASE 
EARMARK 
TRANS-
PARENCY 
AND 
ACCOUNT-
ABILITY 
SEC. 101. 72-HOUR REQUIREMENT. 
Rule XXI of the Rules of the House of Representa-
tives is amended by adding at the end the following new 
clause: 
‘‘ Special requirement for bills and resolutions con-
taining earmarks 
‘‘11. It shall not be in order to consider any bill or 
joint resolution reported by any committee, or any amend-
ment thereto or conference report thereon, that contains 
any congressional earmark (as defined in clause 9) that 
has not been posted on the Website of that committee for 
at least 72 hours (excluding Saturdays, Sundays and holi-
days except when the House is in session on such a day).’’. 
SEC. 102. SEARCHABLE WEBSITE FOR ALL MEMBER SPEND-
ING REQUESTS MANAGED BY THE CLERK. 
(a) Clause 17 of rule XXIII of the Rules of the House 
of Representatives is amended by redesignating paragraph 
(b) as paragraph (c) and by inserting after paragraph (a) 
the following: 
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‘‘(b) Whenever any Member, Delegate, or Resident 
Commissioner requests a congressional earmark in any bill 
or joint resolution (or accompanying report)— 
‘‘(1) that Member, Delegate, or Resident Commis-
sioner shall include the amount requested, the project 
name, a project description of the matter that is the sub-
ject of that congressional earmark, and the name of the 
entity that the earmark is for, and submit such informa-
tion to the Clerk for posting on the Website of the Clerk 
within 24 hours of making such request; 
‘‘(2) that Member, Delegate, or Resident Commis-
sioner shall provide a written statement to the chairman 
and ranking minority member of the committee of juris-
diction certifying that the Member, Delegate, or Resident 
Commissioner, or their spouse, has any financial interest 
in the earmark; and 
‘‘(3) in the case of an earmark for a non-public enti-
ty, that Member, Delegate, or Resident Commissioner 
shall provide an accompanying letter of support from a 
supporting public entity.’’. 
(b) Clause 2 of rule II of the Rules of the House 
of Representatives is amended by adding at the end the 
following new paragraph: 
‘‘(l) The Clerk shall post on the Website of the Clerk 
an up-to-date list of all information submitted to the Clerk 
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pursuant to clause 7(b)(1) of rule XXIII under a heading 
entitled ‘Member Spending Requests’.’’. 
SEC. 103. PROHIBITING EARMARKS NOT INCLUDED IN THE 
TEXT OF A BILL. 
Clause 9 of rule XXI of the Rules of the House of 
Representatives is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(h) It shall not be in order to consider any bill or 
joint resolution, or any amendment thereto or conference 
report thereon, if a committee report or the joint explana-
tory statement of the managers accompanying that meas-
ure contains any congressional earmark.’’. 
SEC. 104. LIMITATION ON EARMARKS IN CONFERENCES BE-
TWEEN THE HOUSE AND SENATE. 
Clause 9(b) of rule XXI of the Rules of the House 
of Representatives is amended to read as follows: 
‘‘(b) A conference report may not include a modifica-
tion of any congressional earmark, limited tax benefit, or 
limited tariff benefit committed to the conference com-
mittee by either or both Houses if that modification is be-
yond the scope of that specific matter as committed to 
the conference committee. Whenever a point of order is 
made that a conference report contains a violation of this 
paragraph, the Chair may submit the question of whether 
such violation has occurred to the House and shall be de-
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batable up to 10 minutes by the Member initiating the 
point of order and for up to 10 minutes by an opponent 
and shall be decided with a roll call vote as to whether 
to strip the congressional earmark without intervening 
motion except one that the House adjourn.’’. 
SEC. 105. PROHIBITING CONSIDERATION OF AN EARMARK 
FOR ANY ENTITY NAMED AFTER A SITTING 
MEMBER OR SENATOR. 
Clause 9 of rule XXI of the Rules of the House of 
Representatives (as amended by section 103) is further 
amended by adding the following new paragraph: 
‘‘(i) It shall not be in order to consider any bill or 
joint resolution (or accompanying report), amendment, or 
conference report that contains a congressional earmark 
for any entity named after an individual then serving as 
a Member, Delegate, Resident Commissioner, or Sen-
ator.’’. 
TITLE II—EARMARK RESCISSION 
AUTHORITY 
SEC. 201. EARMARK RESCISSION AUTHORITY. 
Title X of the Congressional Budget and Impound-
ment Control Act of 1974 (2 U.S.C. 621 et seq.) is amend-
ed by striking all of part B (except for sections 1016 and 
1013, which are redesignated as sections 1019 and 1020, 
respectively) and part C and inserting the following: 
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‘‘PART B—EARMARK RESCISSION AUTHORITY 
‘‘EARMARK RESCISSION AUTHORITY 
‘‘SEC. 1011. (a) PROPOSED CANCELLATIONS.—With-
in 30 calendar days after the enactment of any bill or joint 
resolution containing any congressional earmark or pro-
viding any limited tariff benefit or targeted tax benefit, 
the President may propose, in the manner provided in sub-
section (b), the repeal of the congressional earmark or the 
cancellation of any limited tariff benefit or targeted tax 
benefit. If the 30 calendar-day period expires during a pe-
riod where either House of Congress stands adjourned sine 
die at the end of Congress or for a period greater than 
30 calendar days, the President may propose a cancella-
tion under this section and transmit a special message 
under subsection (b) on the first calendar day of session 
following such a period of adjournment. 
‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— 
‘‘(1) SPECIAL MESSAGE.— 
‘‘(A) IN
GENERAL.—The President may 
transmit to the Congress a special message pro-
posing to repeal any congressional earmarks or 
to cancel any limited tariff benefits or targeted 
tax benefits. 
‘‘(B) CONTENTS OF SPECIAL MESSAGE.— 
Each special message shall specify, with respect 
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to the congressional earmarks, limited tariff 
benefits, or targeted tax benefits to be repealed 
or canceled— 
‘‘(i) the congressional earmark that 
the President proposes to repeal or the 
limited tariff benefit or the targeted tax 
benefit that the President proposes be can-
celed; 
‘‘(ii) the specific project or govern-
mental functions involved; 
‘‘(iii) the reasons why such congres-
sional earmark should be repealed or such 
limited tariff benefit or targeted tax ben-
efit should be canceled; 
‘‘(iv) to the maximum extent prac-
ticable, the estimated fiscal, economic, and 
budgetary effect (including the effect on 
outlays and receipts in each fiscal year) of 
the proposed repeal or cancellation; 
‘‘(v) to the maximum extent prac-
ticable, all facts, circumstances, and con-
siderations relating to or bearing upon the 
proposed repeal or cancellation and the de-
cision to propose the repeal or cancellation, 
and the estimated effect of the proposed 
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repeal or cancellation upon the objects, 
purposes, or programs for which the con-
gressional earmark, limited tariff benefit, 
or the targeted tax benefit is provided; 
‘‘(vi) a numbered list of repeals and 
cancellations to be included in an approval 
bill that, if enacted, would repeal congres-
sional earmarks and cancel limited tariff 
benefits or targeted tax benefits proposed 
in that special message; and 
‘‘(vii) if the special message is trans-
mitted subsequent to or at the same time 
as another special message, a detailed ex-
planation why the proposed repeals or can-
cellations are not substantially similar to 
any other proposed repeal or cancellation 
in such other message. 
‘‘(C) DUPLICATIVE
PROPOSALS
PROHIB-
ITED.—The President may not propose to re-
peal or cancel the same or substantially similar 
congressional earmark, limited tariff benefit, or 
targeted tax benefit more than one time under 
this Act. 
‘‘(D) MAXIMUM NUMBER OF SPECIAL MES-
SAGES.—The President may not transmit to the 
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Congress more than one special message under 
this subsection related to any bill or joint reso-
lution described in subsection (a), but may 
transmit not more than 2 special messages for 
any omnibus budget reconciliation or appropria-
tion measure. 
‘‘(2) ENACTMENT OF APPROVAL BILL.— 
‘‘(A) DEFICIT REDUCTION.—Congressional 
earmarks, limited tariff benefits, or targeted tax 
benefits which are repealed or canceled pursu-
ant to enactment of a bill as provided under 
this section shall be dedicated only to reducing 
the deficit or increasing the surplus. 
‘‘(B) ADJUSTMENT
OF
LEVELS
IN
THE 
CONCURRENT RESOLUTION ON THE BUDGET.— 
Not later than 5 days after the date of enact-
ment of an approval bill as provided under this 
section, the chairs of the Committees on the 
Budget of the Senate and the House of Rep-
resentatives shall revise allocations and aggre-
gates and other appropriate levels under the ap-
propriate concurrent resolution on the budget to 
reflect the repeal or cancellation, and the appli-
cable committees shall report revised suballoca-
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tions pursuant to section 302(b), as appro-
priate. 
‘‘(C) ADJUSTMENTS TO STATUTORY LIM-
ITS.—After enactment of an approval bill as 
provided under this section, the Office of Man-
agement and Budget shall revise applicable lim-
its under the Balanced Budget and Emergency 
Deficit Control Act of 1985, as appropriate. 
‘‘(D) 
TRUST
FUNDS
AND
SPECIAL 
FUNDS.—Notwithstanding subparagraph (A), 
nothing in this part shall be construed to re-
quire or allow the deposit of amounts derived 
from a trust fund or special fund which are 
canceled pursuant to enactment of a bill as pro-
vided under this section to any other fund. 
‘‘PROCEDURES FOR EXPEDITED CONSIDERATION 
‘‘SEC. 1012. (a) EXPEDITED CONSIDERATION.— 
‘‘(1) IN GENERAL.—The majority leader or mi-
nority leader of each House or his designee shall (by 
request) introduce an approval bill as defined in sec-
tion 1017 not later than the third day of session of 
that House after the date of receipt of a special mes-
sage transmitted to the Congress under section 
1011(b). If the bill is not introduced as provided in 
the preceding sentence in either House, then, on the 
fourth day of session of that House after the date 
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of receipt of the special message, any Member of 
that House may introduce the bill. 
‘‘(2) CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.— 
‘‘(A) REFERRAL
AND
REPORTING.—Any 
committee of the House of Representatives to 
which an approval bill is referred shall report it 
to the House without amendment not later than 
the seventh legislative day after the date of its 
introduction. If a committee fails to report the 
bill within that period or the House has adopt-
ed a concurrent resolution providing for ad-
journment sine die at the end of a Congress, 
such committee shall be automatically dis-
charged from further consideration of the bill 
and it shall be placed on the appropriate cal-
endar. 
‘‘(B) PROCEEDING TO CONSIDERATION.— 
After an approval bill is reported by or dis-
charged from committee or the House has 
adopted a concurrent resolution providing for 
adjournment sine die at the end of a Congress, 
it shall be in order to move to proceed to con-
sider the approval bill in the House. Such a mo-
tion shall be in order only at a time designated 
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by the Speaker in the legislative schedule within 
two legislative days after the day on which the 
proponent announces his intention to offer the 
motion. Such a motion shall not be in order 
after the House has disposed of a motion to 
proceed with respect to that special message. 
The previous question shall be considered as or-
dered on the motion to its adoption without in-
tervening motion. A motion to reconsider the 
vote by which the motion is disposed of shall 
not be in order. 
‘‘(C) CONSIDERATION.—The approval bill 
shall be considered as read. All points of order 
against an approval bill and against its consid-
eration are waived. The previous question shall 
be considered as ordered on an approval bill to 
its passage without intervening motion except 
five hours of debate equally divided and con-
trolled by the proponent and an opponent and 
one motion to limit debate on the bill. A motion 
to reconsider the vote on passage of the bill 
shall not be in order. 
‘‘(D) SENATE BILL.—An approval bill re-
ceived from the Senate shall not be referred to 
committee. 
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‘‘(3) CONSIDERATION IN THE SENATE.— 
‘‘(A) REFERRAL
AND
REPORTING.—Any 
committee of the Senate to which an approval 
bill is referred shall report it to the Senate 
without amendment not later than the seventh 
legislative day after the date of its introduction. 
If a committee fails to report the bill within 
that period or the Senate has adopted a concur-
rent resolution providing for adjournment sine 
die at the end of a Congress, such committee 
shall be automatically discharged from further 
consideration of the bill and it shall be placed 
on the appropriate calendar. 
‘‘(B) MOTION TO PROCEED TO CONSIDER-
ATION.—After an approval bill is reported by or 
discharged from committee or the Senate has 
adopted a concurrent resolution providing for 
adjournment sine die at the end of a Congress, 
it shall be in order to move to proceed to con-
sider the approval bill in the Senate. A motion 
to proceed to the consideration of a bill under 
this subsection in the Senate shall not be debat-
able. It shall not be in order to move to recon-
sider the vote by which the motion to proceed 
is agreed to or disagreed to. 
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‘‘(C) LIMITS ON DEBATE.—Debate in the 
Senate on a bill under this subsection, and all 
debatable motions and appeals in connection 
therewith (including debate pursuant to sub-
paragraph (D)), shall not exceed 10 hours, 
equally divided and controlled in the usual 
form. 
‘‘(D) APPEALS.—Debate in the Senate on 
any debatable motion or appeal in connection 
with a bill under this subsection shall be limited 
to not more than 1 hour, to be equally divided 
and controlled in the usual form. 
‘‘(E) MOTION TO LIMIT DEBATE.—A mo-
tion in the Senate to further limit debate on a 
bill under this subsection is not debatable. 
‘‘(F) MOTION TO RECOMMIT.—A motion to 
recommit a bill under this subsection is not in 
order. 
‘‘(G) CONSIDERATION
OF
THE
HOUSE 
BILL.— 
‘‘(i) IN GENERAL.—If the Senate has 
received the House companion bill to the 
bill introduced in the Senate prior to a 
vote under subparagraph (C), then the 
Senate may consider, and the vote under 
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subparagraph (C) may occur on, the House 
companion bill. 
‘‘(ii) PROCEDURE
AFTER
VOTE
ON 
SENATE BILL.—If the Senate votes, pursu-
ant to subparagraph (C), on the bill intro-
duced in the Senate, then immediately fol-
lowing that vote, or upon receipt of the 
House companion bill, the House bill shall 
be deemed to be considered, read the third 
time, and the vote on passage of the Sen-
ate bill shall be considered to be the vote 
on the bill received from the House. 
‘‘(b) AMENDMENTS PROHIBITED.—No amendment 
to, or motion to strike a provision from, a bill considered 
under this section shall be in order in either the Senate 
or the House of Representatives. 
‘‘PRESIDENTIAL DEFERRAL AUTHORITY 
‘‘SEC. 1013. (a) TEMPORARY PRESIDENTIAL AU-
THORITY TO WITHHOLD CONGRESSIONAL EARMARKS.— 
‘‘(1) IN GENERAL.—At the same time as the 
President transmits to the Congress a special mes-
sage pursuant to section 1011(b), the President may 
direct that any congressional earmark to be repealed 
in that special message shall not be made available 
for obligation for a period of 45 calendar days of 
continuous session of the Congress after the date on 
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‘‘(c) TEMPORARY PRESIDENTIAL AUTHORITY TO 
SUSPEND A TARGETED TAX BENEFIT.— 
‘‘(1) IN GENERAL.—At the same time as the 
President transmits to the Congress a special mes-
sage pursuant to section 1011(b), the President may 
suspend the implementation of any targeted tax ben-
efit proposed to be repealed in that special message 
for a period of 45 calendar days of continuous ses-
sion of the Congress after the date on which the 
President transmits the special message to the Con-
gress. 
‘‘(2) EARLY
AVAILABILITY.—The President 
shall terminate the suspension of any targeted tax 
benefit at a time earlier than the time specified by 
the President if the President determines that con-
tinuation of the suspension would not further the 
purposes of this Act. 
‘‘IDENTIFICATION OF TARGETED TAX BENEFITS 
‘‘SEC. 1014. (a) STATEMENT.—The chairman of the 
Committee on Ways and Means of the House of Rep-
resentatives and the chairman of the Committee on Fi-
nance of the Senate acting jointly (hereafter in this sub-
section referred to as the ‘chairmen’) shall review any rev-
enue or reconciliation bill or joint resolution which in-
cludes any amendment to the Internal Revenue Code of 
1986 that is being prepared for filing by a committee of 
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conference of the two Houses, and shall identify whether 
such bill or joint resolution contains any targeted tax ben-
efits. The chairmen shall provide to the committee of con-
ference a statement identifying any such targeted tax ben-
efits or declaring that the bill or joint resolution does not 
contain any targeted tax benefits. Any such statement 
shall be made available to any Member of Congress by 
the chairmen immediately upon request. 
‘‘(b) STATEMENT INCLUDED IN LEGISLATION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
rule of the House of Representatives or any rule or 
precedent of the Senate, any revenue or reconcili-
ation bill or joint resolution which includes any 
amendment to the Internal Revenue Code of 1986 
reported by a committee of conference of the two 
Houses may include, as a separate section of such 
bill or joint resolution, the information contained in 
the statement of the chairmen, but only in the man-
ner set forth in paragraph (2). 
‘‘(2) APPLICABILITY.—The separate section 
permitted under subparagraph (A) shall read as fol-
lows: ‘Section 1021 of the Congressional Budget and 
Impoundment 
Control 
Act 
of 
1974 
shall 
llllll apply to llllllll.’, with 
the blank spaces being filled in with— 
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‘‘(A) in any case in which the chairmen 
identify targeted tax benefits in the statement 
required under subsection (a), the word ‘only’ 
in the first blank space and a list of all of the 
specific provisions of the bill or joint resolution 
in the second blank space; or 
‘‘(B) in any case in which the chairmen de-
clare that there are no targeted tax benefits in 
the statement required under subsection (a), 
the word ‘not’ in the first blank space and the 
phrase ‘any provision of this Act’ in the second 
blank space. 
‘‘(c) IDENTIFICATION
IN REVENUE ESTIMATE.— 
With respect to any revenue or reconciliation bill or joint 
resolution with respect to which the chairmen provide a 
statement under subsection (a), the Joint Committee on 
Taxation shall— 
‘‘(1) in the case of a statement described in 
subsection (b)(2)(A), list the targeted tax benefits in 
any revenue estimate prepared by the Joint Com-
mittee on Taxation for any conference report which 
accompanies such bill or joint resolution, or 
‘‘(2) in the case of a statement described in 13 
subsection (b)(2)(B), indicate in such revenue esti-
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mate that no provision in such bill or joint resolution 
has been identified as a targeted tax benefit. 
‘‘(d) PRESIDENT’S AUTHORITY.—If any revenue or 
reconciliation bill or joint resolution is signed into law— 
‘‘(1) with a separate section described in sub-
section (b)(2), then the President may use the au-
thority granted in this section only with respect to 
any targeted tax benefit in that law, if any, identi-
fied in such separate section; or 
‘‘(2) without a separate section described in 
subsection (b)(2), then the President may use the 
authority granted in this section with respect to any 
targeted tax benefit in that law. 
‘‘TREATMENT OF CANCELLATIONS 
‘‘SEC. 1015. The repeal of any congressional earmark 
or cancellation of any limited tariff benefit or targeted tax 
benefit shall take effect only upon enactment of the appli-
cable approval bill. If an approval bill is not enacted into 
law before the end of the applicable period under section 
1013, then all proposed repeals and cancellations con-
tained in that bill shall be null and void and any such 
congressional earmark, limited tariff benefit, or targeted 
tax benefit shall be effective as of the original date pro-
vided in the law to which the proposed repeals or cancella-
tions applied. 
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‘‘REPORTS BY COMPTROLLER GENERAL 
‘‘SEC. 1016. With respect to each special message 
under this part, the Comptroller General shall issue to the 
Congress a report determining whether any congressional 
earmark is not repealed or limited tariff benefit or tar-
geted tax benefit continues to be suspended after the de-
ferral authority set forth in section 1013 of the President 
has expired. 
‘‘DEFINITIONS 
‘‘SEC. 1017. As used in this part: 
‘‘(1) APPROPRIATION LAW.—The term ‘appro-
priation law’ means an Act referred to in section 
105 of title 1, United States Code, including any 
general or special appropriation Act, or any Act 
making supplemental, deficiency, or continuing ap-
propriations, that has been signed into law pursuant 
to Article I, section 7, of the Constitution of the 
United States. 
‘‘(2) APPROVAL BILL.—The term ‘approval bill’ 
means a bill or joint resolution which only approves 
proposed repeals of congressional earmarks or can-
cellations of limited tariff benefits or targeted tax 
benefits in a special message transmitted by the 
President under this part and— 
‘‘(A) the title of which is as follows: ‘A bill 
approving the proposed repeals and cancella-
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tions transmitted by the President on lll’, 
the blank space being filled in with the date of 
transmission of the relevant special message 
and the public law number to which the mes-
sage relates; 
‘‘(B) which does not have a preamble; and 
‘‘(C) which provides only the following 
after the enacting clause: ‘That the Congress 
approves of proposed repeals and cancellations 
lll’, the blank space being filled in with a 
list of the repeals and cancellations contained in 
the President’s special message, ‘as transmitted 
by the President in a special message on 
llll’, the blank space being filled in with 
the appropriate date, ‘regarding llll.’, the 
blank space being filled in with the public law 
number to which the special message relates; 
‘‘(D) which only includes proposed repeals 
and cancellations that are estimated by CBO to 
meet the definition of congressional earmark or 
limited tariff benefits, or that are identified as 
targeted tax benefits pursuant to section 1014; 
and 
‘‘(E) if no CBO estimate is available, then 
the entire list of legislative provisions proposed 
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cific amount of discretionary budget authority, credit 
authority, or other spending authority for a contract, 
loan, loan guarantee, grant, loan authority, or other 
expenditure with or to an entity, or targeted to a 
specific State, locality or Congressional district, 
other than through a statutory or administrative for-
mula-driven or competitive award process. 
‘‘(7) ENTITY.—As used in paragraph (6), the 
term ‘entity’ includes a private business, State, terri-
tory or locality, or Federal entity. 
‘‘(8) LIMITED
TARIFF
BENEFIT.—The term 
‘limited tariff benefit’ means any provision of law 
that modifies the Harmonized Tariff Schedule of the 
United States in a manner that benefits 10 or fewer 
entities (as defined in paragraph (12)(B)). 
‘‘(9) OMB.—The term ‘OMB’ means the Direc-
tor of the Office of Management and Budget. 
‘‘(10) OMNIBUS
RECONCILIATION
OR
APPRO-
PRIATION MEASURE.—The term ‘omnibus reconcili-
ation or appropriation measure’ means— 
‘‘(A) in the case of a reconciliation bill, any 
such bill that is reported to its House by the 
Committee on the Budget; or 
‘‘(B) in the case of an appropriation meas-
ure, any such measure that provides appropria-
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tions for programs, projects, or activities falling 
within 2 or more section 302(b) suballocations. 
‘‘(11) TARGETED TAX BENEFIT.—(A) The term 
‘targeted tax benefit’ means any revenue-losing pro-
vision that provides a Federal tax deduction, credit, 
exclusion, or preference to ten or fewer beneficiaries 
(determined with respect to either present law or 
any provision of which the provision is a part) under 
the Internal Revenue Code of 1986 in any year for 
which the provision is in effect; 
‘‘(B) for purposes of subparagraph (A)— 
‘‘(i) all businesses and associations 
that are members of the same controlled 
group of corporations (as defined in sec-
tion 1563(a) of the Internal Revenue Code 
of 1986) shall be treated as a single bene-
ficiary; 
‘‘(ii) all shareholders, partners, mem-
bers, or beneficiaries of a corporation, 
partnership, association, or trust or estate, 
respectively, shall be treated as a single 
beneficiary; 
‘‘(iii) all employees of an employer 
shall be treated as a single beneficiary; 
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‘‘(iv) all qualified plans of an em-
ployer shall be treated as a single bene-
ficiary; 
‘‘(v) all beneficiaries of a qualified 
plan shall be treated as a single bene-
ficiary; 
‘‘(vi) all contributors to a charitable 
organization shall be treated as a single 
beneficiary; 
‘‘(vii) all holders of the same bond 
issue shall be treated as a single bene-
ficiary; and 
‘‘(viii) if a corporation, partnership, 
association, trust or estate is the bene-
ficiary of a provision, the shareholders of 
the corporation, the partners of the part-
nership, the members of the association, or 
the beneficiaries of the trust or estate shall 
not also be treated as beneficiaries of such 
provision; 
‘‘(C) for the purpose of this paragraph, the 
term ‘revenue-losing provision’ means any pro-
vision that is estimated to result in a reduction 
in Federal tax revenues (determined with re-
spect to either present law or any provision of 
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which the provision is a part) for any one of the 
two following periods— 
‘‘(i) the first fiscal year for which the 
provision is effective; or 
‘‘(ii) the period of the 5 fiscal years 
beginning with the first fiscal year for 
which the provision is effective; 
‘‘(D) the term ‘targeted tax benefit’ does 
not include any provision which applies uni-
formly to an entire industry; and 
‘‘(E) the terms used in this paragraph 
shall have the same meaning as those terms 
have generally in the Internal Revenue Code of 
1986, unless otherwise expressly provided. 
‘‘EXPIRATION 
‘‘SEC. 1018. This title shall have no force or effect 
on or after December 31, 2012.’’. 
SEC. 202. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) EXERCISE OF RULEMAKING POWERS.—Section 
904 of the Congressional Budget Act of 1974 (2 U.S.C. 
621 note) is amended— 
(1) in subsection (a), by striking ‘‘1017’’ and 
inserting ‘‘1012’’; and 
(2) in subsection (d), by striking ‘‘section 
1017’’ and inserting ‘‘section 1012’’. 
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(b) ANALYSIS
BY CONGRESSIONAL BUDGET OF-
FICE.—Section 402 of the Congressional Budget Act of 
1974 is amended by inserting ‘‘(a)’’ after ‘‘402.’’ and by 
adding at the end the following new subsection: 
‘‘(b) Upon the receipt of a special message under sec-
tion 1011 proposing to repeal any congressional earmark, 
the Director of the Congressional Budget Office shall pre-
pare an estimate of the savings in budget authority or out-
lays resulting from such proposed repeal relative to the 
most recent levels calculated consistent with the method-
ology used to calculate a baseline under section 257 of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985 and included with a budget submission under sec-
tion 1105(a) of title 31, United States Code, and transmit 
such estimate to the chairmen of the Committees on the 
Budget of the House of Representatives and Senate.’’. 
(c) CLERICAL AMENDMENTS.—(1) Section 1(a) of 
the Congressional Budget and Impoundment Control Act 
of 1974 is amended by striking the last sentence. 
(2) Section 1022(c) of such Act (as redesignated) is 
amended is amended by striking ‘‘rescinded or that is to 
be reserved’’ and inserting ‘‘canceled’’ and by striking 
‘‘1012’’ and inserting ‘‘1011’’. 
(d) TABLE OF CONTENTS.—The table of contents set 
forth in section 1(b) of the Congressional Budget and Im-
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poundment Control Act of 1974 is amended by striking 
the contents for parts B and C of title X and inserting 
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.’’. 
SEC. 203. SENSE OF CONGRESS ON ABUSE OF PROPOSED 
REPEALS AND CANCELLATIONS. 
It is the sense of Congress no President or any execu-
tive branch official should condition the inclusion or exclu-
sion or threaten to condition the inclusion or exclusion of 
any proposed repeal or cancellation in any special message 
under part B of title X of the Congressional Budget and 
Impoundment Control Act of 1974 upon any vote cast or 
to be cast by any Member of either House of Congress. 
TITLE III—GAO PERFORMANCE 
AUDITS 
OF 
EARMARKS 
TO 
NON-FEDERAL ENTITIES 
SEC. 301. ACCOUNTABILITY FOR EXPENDITURE OF CON-
GRESSIONAL EARMARKS. 
(a) GOVERNMENT ACCOUNTABILITY OFFICE AUDITS 
OF EARMARK FUNDED PROGRAMS, PROJECTS, AND AC-
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TIVITIES.—Section 3523 of title 31, United States Code, 
is amended by adding at the end the following: 
‘‘(d)(1) The Comptroller General shall develop and 
implement a systematic process to— 
‘‘(A) review audits of programs, projects, and 
activities funded through earmarks and submitted to 
the Comptroller General under section 3521(j) and 
section 9105(d); and 
‘‘(B) annually conduct such number of audits of 
programs, projects, and activities funded through 
earmarks (as defined in section 3521(j)) as the 
Comptroller General determines to be appropriate. 
‘‘(2) Not later than March 31 of each fiscal year, the 
Comptroller General shall submit to Congress a report 
containing, for programs, projects, or activities conducted 
during the previous fiscal year under paragraph (1), the 
results of— 
‘‘(A) audits submitted to the Comptroller Gen-
eral under section 3521(j) and under section 
9105(d); 
‘‘(B) reviews of audits by the Comptroller Gen-
eral under paragraph (1)(A); and 
‘‘(C) audits the Comptroller General conducts 
under paragraph (1)(B).’’. 
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(b) AGENCY REPORTS ON EARMARK FUNDED PRO-
GRAMS, PROJECTS, AND ACTIVITIES.—Section 3521 of 
title 31, United States Code, is amended by adding at the 
end the following: 
‘‘(j)(1) If an agency conducts an audit of any pro-
gram, project, or activity that is administered by the agen-
cy and is funded through an earmark, the agency shall, 
at the time a person submits a report under subsection 
(f) concerning the audited financial statement for the ac-
counts associated with such program, project, or activity, 
submit to the Comptroller General of the United States 
the results of the audit. 
‘‘(2) If an auditor submits to an agency, under sec-
tion 7502(k), the results of audit of any program, project, 
or activity funded through an earmark, the agency shall, 
at the time described in paragraph (1), submit such re-
sults to the Comptroller General. 
‘‘(3) For purposes of this subsection, the term ‘fund-
ed through an earmark’ means that the program, project, 
or activity is included on— 
‘‘(A) a list of ‘congressional earmarks’ gen-
erated under the Rules of the House of Representa-
tives; 
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‘‘(B) a list of ‘congressionally directed spend-
ing’ generated under the Standing Rules of the Sen-
ate; or 
‘‘(C) on both such lists.’’. 
(c) NON-FEDERAL ENTITY REPORTS ON EARMARK 
FUNDED PROGRAMS, PROJECTS, AND ACTIVITIES.—Sec-
tion 7502 of such title is amended by adding at the end 
the following: 
‘‘(k) If a non-Federal entity described in subsection 
(a)(1)(A) has an audit made of any program, project, or 
activity that is administered by the entity and is funded 
through an earmark (as defined in section 3521(j)), the 
auditor of such program, project, or activity shall, not 
later than the date set by the Director, submit to the agen-
cy with jurisdiction over such program, project, or activity 
the results of the audit.’’. 
(d) GOVERNMENT CORPORATION REPORTS ON EAR-
MARK FUNDED PROGRAMS, PROJECTS, AND ACTIVI-
TIES.—Section 9105 of such title is amended by adding 
at the end the following: 
‘‘(d) If the Inspector General of a Government cor-
poration or an independent external auditor described in 
subsection (a)(1) conducts an audit of any program, 
project, or activity that is administered by the corporation 
and is funded through an earmark (as defined in section 
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3521(j)), such Inspector General or auditor shall, upon 
completion of the audit, submit the results of the audit 
to the Comptroller General of the United States.’’. 
TITLE IV—REPORTS BY RECIPI-
ENTS OF FEDERAL FUNDS 
SEC. 401. LOBBYING ON BEHALF OF RECIPIENTS OF FED-
ERAL FUNDS. 
The Lobbying Disclosure Act of 1995 is amended by 
adding after section 5 the following: 
‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS. 
‘‘(a) IN GENERAL.—A nonpublic recipient of Federal 
funds shall file a report as required by section 5(a) con-
taining— 
‘‘(1) the name of any lobbyist registered under 
this Act to whom the recipient paid money to lobby 
on behalf of the Federal funding received by the re-
cipient; and 
‘‘(2) the amount of money paid as described in 
paragraph (1). 
‘‘(b) DEFINITION.—In this section, the term ‘recipi-
ent of Federal funds’ means the recipient of Federal funds 
constituting an award, grant, or loan.’’. 
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TITLE 
V—ESTABLISHMENT 
OF 
JOINT 
SELECT 
COMMITTEE 
ON EARMARK REFORM 
SEC. 501. JOINT SELECT COMMITTEE ON EARMARK RE-
FORM. 
(a) ESTABLISHMENT AND COMPOSITION.—There is 
hereby established a Joint Select Committee on Earmark 
Reform. The joint select committee shall be composed of 
16 members as follows: 
(1) 8 Members of the House of Representatives, 
4 appointed from the majority party by the Speaker 
of the House, and 4 from the minority party to be 
appointed by the minority leader; and 
(2) 8 Members of the Senate, 4 appointed from 
the majority party by the majority leader of the Sen-
ate, and 4 from the minority party to be appointed 
by the minority leader. 
A vacancy in the joint select committee shall not affect 
the power of the remaining members to execute the func-
tions of the joint select committee, and shall be filled in 
the same manner as the original selection. 
(b) STUDY AND REPORT.— 
(1) STUDY.—The joint select committee shall 
make a full study of the practices of the House, Sen-
ate, and Executive Branch regarding earmarks in 
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authorizing, appropriation, tax, and tariff measures. 
As part of the study, the joint select committee shall 
consider the efficacy of— 
(A) the disclosure requirements of clause 9 
of rule XXI and clause 17 of rule XXIII of the 
Rules of the House of Representatives and rule 
XLIV of the Standing Rules of the Senate, and 
the definitions contained therein; 
(B) requiring full transparency in the proc-
ess, with earmarks listed in bills at the outset 
of the legislative process and continuing 
throughout consideration; 
(C) requiring that earmarks not be placed 
in any bill after initial committee consideration; 
(D) requiring that Members be permitted 
to offer amendments to remove earmarks at 
subcommittee, full committee, floor consider-
ation, and during conference committee meet-
ings; 
(E) requiring that bill sponsors and major-
ity and minority managers certify the validity of 
earmarks contained in their bills; 
(F) recommending changes to earmark re-
quests made by the Executive Branch through 
the annual budget submitted to Congress pur-
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