[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 314 Introduced in House (IH)]







110th CONGRESS
  2d Session
H. CON. RES. 314

        Establishing a Joint Select Committee on Earmark Reform.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2008

 Mr. Hensarling (for himself and Mr. Campbell of California) submitted 
    the following concurrent resolution; which was referred to the 
                           Committee on Rules

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
        Establishing a Joint Select Committee on Earmark Reform.

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. JOINT SELECT COMMITTEE ON EARMARK REFORM.

    (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 by the minority leader; and
            (2) 8 Members of the Senate, 4 appointed from the majority 
        party by the majority leader of the Senate and 4 from the 
        minority party by the minority leader.
A vacancy in the joint select committee shall not affect the power of 
the remaining members to execute the functions 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, Senate, and executive 
        branch regarding earmarks in 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, House Resolution 491, and 
                rule XLIV of the Standing Rules of the Senate, and the 
                definitions contained therein;
                    (B) requiring full transparency in the process, 
                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 consideration, and during conference 
                committee meetings;
                    (E) requiring that bill sponsors and majority and 
                minority managers certify the validity of earmarks 
                contained in their bills;
                    (F) recommending changes to earmark requests made 
                by the executive branch through the annual budget 
                submitted to Congress pursuant to section 1105 of title 
                31, United States Code;
                    (G) requiring that House and Senate amendments meet 
                earmark disclosure requirements, including amendments 
                adopted pursuant to a special order of business; and
                    (H) establishing new categories for earmarks, 
                including--
                            (i) projects with National scope;
                            (ii) military projects; and
                            (iii) local or provincial projects, 
                        including the level of matching funds required 
                        for such project.
            (2) Report.--
                    (A) The joint select committee shall submit to the 
                House and the Senate a report of its findings and 
                recommendations not later than 6 months after adoption 
                of this concurrent resolution.
                    (B) No recommendation shall be made by the joint 
                select committee except upon the majority vote of the 
                members from each House, respectively.
                    (C) Notwithstanding any other provision of this 
                resolution, any recommendation with respect to the 
                rules and procedures of one House that only affects 
                matters related solely to that House may only be made 
                and voted on by members of the joint select committee 
                from that House and, upon its adoption by a majority of 
                such members, shall be considered to have been adopted 
                by the full committee as a recommendation of the joint 
                select committee.
        In conducting the study under paragraph (1), the joint select 
        committee shall hold not fewer than 5 public hearings.
    (c) Resources and Dissolution.--
            (1) The joint select committee may utilize the resources of 
        the House and Senate.
            (2) The joint select committee shall cease to exist 30 days 
        after the submission of the report described in subsection 
        (a)(2).
    (d) Definition.--For purposes of this section, the term ``earmark'' 
shall include congressional earmarks, congressionally directed spending 
items, limited tax benefits, or limited tariff benefits as those terms 
are used in clause 9 of rule XXI of the Rules of the House of 
Representatives and rule XLIV of the Standing Rules of the Senate. 
Nothing in this subsection shall confine the study of the joint select 
committee or otherwise limit its recommendations.

SEC. 2. MORATORIUM ON EARMARKS IN THE HOUSE.

    In the House, for the remainder of the 110th Congress, it shall not 
be in order to consider a bill, joint resolution, or conference report 
containing a congressional earmark, limited tax benefit, or limited 
tariff benefit (as such terms are used in clause 9 of rule XXI of the 
Rules of the House of Representatives).
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