Topic: Government Operations — Branch Relations
Subject: Congress
Date: 2009-07-20 00:00:00

Earmark Transparency and Accountability Reform Act - Amends Rule XXI (House and Senate Relations) of the Rules of the House of Representatives to make it out of order to consider any legislation containing a congressional earmark that has not been posted on the website of the reporting committee for at least 72 hours (excluding Saturdays, Sundays and holidays except when the House is in session on such a day). Amends Rule XXIII (Code of Official Conduct) to require a Member, Delegate, or Resident Commissioner (Member) requesting a congressional earmark, within 24 hours of making such request, to: (1) submit the amount requested, the project name, a project description of its subject matter, and the name of the earmark's recipient to the Clerk for posting on the Clerk's website; (2) provide a written statement to the chairman and ranking minority member of the committee of jurisdiction certifying whether the Member or the Member's spouse has any financial interest in it; and (3) provide an accompanying letter of support from a supporting public entity if such earmark is for a non-public entity. Amends Rule II (Other Officers and Officials) to require the Clerk's website to include an up-to-date list of all such requests under a heading entitled "Member Spending Requests." Amends Rule XXI (Restrictions on Certain Bills) to make it out of order to consider any legislation if a committee report or the joint explanatory statement of the managers accompanying a conference report contains any congressional earmark. Prohibits a conference report from including a modification of any congressional earmark or limited tax or tariff benefit committed to the conference committee by either or both chambers if that modification is beyond the scope of that specific matter as committed to such committee. Provides for consideration of a point of order against a conference report that contains a violation of this prohibition. Makes it out of order to consider legislation containing an earmark for an entity named after a sitting Member or Senator. Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose the repeal of any congressional earmark or the cancellation of any limited tariff or targeted tax benefit. Sets forth requirements for the President's transmittal to Congress of a special message regarding a proposed repeal or cancellation. Dedicates only to deficit reduction or increase of a surplus any earmark or limited tax or tariff benefit repealed or cancelled. Sets forth procedures for expedited congressional consideration of a proposed rescission. Authorizes the President, when transmitting a special message to Congress, to direct that any congressional earmark to be repealed in that special message shall not be made available for obligation for a specified period of time after transmittal of the message. Grants similar authority to the President to suspend implementation of a limited tax or tariff benefit proposed for cancellation in a special message to Congress. Requires the Comptroller General to develop and implement a systematic process to audit and report to Congress annually on programs, projects, and activities funded through earmarks. Amends the Lobbying Disclosure Act of 1995 to require any nonpublic recipient of federal funds to file a lobbying disclosure report containing the name of any registered lobbyist to whom the recipient paid money to lobby on behalf of such funds, including the amount. Establishes the Joint Select Committee on Earmark Reform. Expresses the sense of the Congress on: (1) disclosure of earmarks requested by the President; (2) official visits by earmark-requesting Members to project sites; and (3) hearings by the subcommittees of the House Committee on Appropriations for earmark-requesting Members to testify.