Amending the Rules of the House of Representatives to strengthen the point of order against the consideration of congressional earmarks, and for other purposes.

Bill: 110-hres-1515
Sponsor: Rep. Sali, Bill [R-ID-1]
Introduced: 2008-09-27 in the House
Policy area: Congress
Subjects: Appropriations
General taxation matters
Government ethics and transparency, public corruption
Government information and archives
House of Representatives
Legislative rules and procedure
Members of Congress
Tariffs

Summary:
action_date: 2008-09-27
text: 
Amends Rule XXI (Restrictions on Certain Bills) of the Rules of the House of Representatives to require that: (1) a list of congressional earmarks or limited tax or tariff benefits (and the name of the requesting Member), required for legislation reported by a committee, be certified by the chairman of the relevant committee as the official action of the referring committee on such legislation; and (2) such list or required statement that the proposition contains no such items be printed in the Congressional Record and made publicly accessible on a list via the Internet on the website of the Clerk of the House in a searchable format at least 48 hours before its consideration by the full House.
 
Requires, if legislation is not reported by a committee, the chairman of the conference committee (currently, each committee of initial referral) that reports such measure to the House, to cause such list (and the name of the requesting Member, along with such certification) or disclaimer to be made accessible on the Clerk's website in the same manner.
 
Requires lists of congressional earmarks required by Rule XXI to include for each earmark: (1) the name of its requesting Member; (2) the total amount of new budget authority provided for it; (3) the name of the recipient of such earmark funds; and (4) a brief, accurate description of the purpose or program for which those funds shall be expended.
 

 
 Declares that it is the sense of the House that there is no legislative intent for any federal agency to obligate funds for any congressionally earmarked funds unless they are in full compliance with these rules and included on the required list.
 
Allows a point of order for any inaccuracy in a list of earmarks or limited tax or tariff benefits.
 
 Makes it out of order to consider any bill, joint resolution, amendment, or conference report if any earmark contained in it: (1) does not appear on the required list on the Internet; (2) is sought by any individual, including any entity employing or retaining such individual, who was employed by the requesting Member within the prior 18 months; (3) will financially benefit the requesting Member, a staff member, or any family member of either; or (4) will benefit any entity established by or at the request or with the assistance of the requesting Member.
 
 Makes it out of order to consider a conference report to accompany a general appropriation bill unless the joint explanatory statement includes a list of all congressional earmarks in the conference report or joint statement (and the name of the requesting Member or Senator) that were: (1) not committed to the conference committee by either chamber; (2) not in a report on such bill; and (3) not in a Senate report on a companion measure.
 
Requires the Clerk to establish a website, accessible to and searchable by the public, upon which shall appear a list of every congressional earmark or limited tax or tariff benefit: (1) requested by any Member or Senator; and (2) included in any reported bill or joint resolution or its accompanying report, conference report, or joint explanatory statement.
 
Requires the chairman of any committee reporting a bill or joint resolution and the Member who submits a conference report to submit immediately to the Clerk a list of its congressional earmarks or limited tax or tariff benefits (as well as the name of the requesting Member or Senator).
 
Amends Rule XIII (Calendars and Committee Reports) to prohibit the Committee on Rules from reporting a rule or order that waives the application of: (1) Rule XXI allowing a point of order against consideration of a bill, joint resolution, amendment, or conference report that provides for the designation or redesignation of a public work in honor of a current Member or Senator; or (2) this resolution.
 
Amends Rule XXIII (Code of Official Conduct) to require any Member requesting a congressional earmark or limited tax or tariff benefit, who is also a candidate for election for any public office, to include in the required statement to the chairman and ranking minority member of the committee of jurisdiction the name and address of any person who asked the Member to request the earmark and made a contribution to the Member's election campaign during the 18-month period leading up to the date of such request.
 



Legislative actions:
action_date: 2008-09-27
text: Referred to the Committee on Rules, and in addition to the Committee on Standards of Official Conduct, 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.
action_date: 2008-09-27
text: Referred to the Committee on Rules, and in addition to the Committee on Standards of Official Conduct, 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.
action_date: 2008-09-27
text: Referred to the Committee on Rules, and in addition to the Committee on Standards of Official Conduct, 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.
action_date: 2008-09-27
text: Introduced in House
action_date: 2008-09-27
text: Introduced in House