[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 123 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
S. RES. 123

              Reforming the congressional earmark process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2007

 Mr. DeMint submitted the following resolution; which was referred to 
               the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
              Reforming the congressional earmark process.

    Resolved,

SECTION 1. CONGRESSIONAL EARMARK REFORM.

    The Standing Rules of the Senate are amended by adding at the end 
the following:

                              ``RULE XLIV

                               ``earmarks

    ``1. It shall not be in order to consider--
            ``(a) a bill or joint resolution reported by a committee 
        unless the report includes a list, which shall be made 
        available on the Internet in a searchable format to the general 
        public for at least 48 hours before consideration of the bill 
        or joint resolution, of congressional earmarks, limited tax 
        benefits, and limited tariff benefits in the bill or in the 
        report (and the name of any Member who submitted a request to 
        the committee for each respective item included in such list) 
        or a statement that the proposition contains no congressional 
        earmarks, limited tax benefits, or limited tariff benefits;
            ``(b) a bill or joint resolution not reported by a 
        committee unless the chairman of each committee of jurisdiction 
        has caused a list, which shall be made available on the 
        Internet in a searchable format to the general public for at 
        least 48 hours before consideration of the bill or joint 
        resolution, of congressional earmarks, limited tax benefits, 
        and limited tariff benefits in the bill (and the name of any 
        Member who submitted a request to the committee for each 
        respective item included 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 
        Congressional Record prior to its consideration; or
            ``(c) 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, which shall be made 
        available on the Internet in a searchable format to the general 
        public for at least 48 hours before consideration of the 
        conference report, of congressional earmarks, limited tax 
        benefits, and limited tariff benefits in the conference report 
        or joint statement (and the name of any Member, Delegate, 
        Resident Commissioner, or Senator who submitted a request to 
        the House or Senate committees of jurisdiction for each 
        respective item included in such list) or a statement that the 
        proposition contains no congressional earmarks, limited tax 
        benefits, or limited tariff benefits.
    ``2. For the purpose of this rule--
            ``(a) the term `congressional earmark' means a provision or 
        report language included primarily at the request of a Member, 
        Delegate, Resident Commissioner, or Senator providing, 
        authorizing or recommending a specific 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 formula-driven or 
        competitive award process;
            ``(b) the term `limited tax benefit' means--
                    ``(1) any revenue provision that--
                            ``(A) provides a Federal tax deduction, 
                        credit, exclusion, or preference to a 
                        particular beneficiary or limited group of 
                        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; and
            ``(c) the term `limited tariff benefit' means a provision 
        modifying the Harmonized Tariff Schedule of the United States 
        in a manner that benefits 10 or fewer entities.
    ``3. A Member 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 conference report on a bill or joint 
resolution (including an accompanying joint explanatory statement of 
managers) on any vote cast by another Member, Delegate, or Resident 
Commissioner.
    ``4. (a) A Member 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 conference report on a 
bill or joint resolution (or an accompanying joint statement of 
managers) shall provide a written statement to the chairman and ranking 
member of the committee of jurisdiction, including--
            ``(1) the name of the Member;
            ``(2) in the case of a congressional earmark, the name and 
        address of the intended recipient or, if there is no 
        specifically intended recipient, the intended location of the 
        activity;
            ``(3) in the case of a limited tax or tariff benefit, 
        identification of the individual or entities reasonably 
        anticipated to benefit, to the extent known to the Member;
            ``(4) the purpose of such congressional earmark or limited 
        tax or tariff benefit; and
            ``(5) a certification that the Member or spouse has no 
        financial interest in such congressional earmark or limited tax 
        or tariff benefit.
    ``(b) Each committee shall maintain the written statements 
transmitted under subparagraph (a). The written statements transmitted 
under subparagraph (a) for any congressional earmarks, limited tax 
benefits, or limited tariff benefits included in any measure reported 
by the committee or conference report filed by the chairman of the 
committee or any subcommittee thereof shall be published in a 
searchable format on the committee's or subcommittee's website not 
later than 48 hours after receipt on such information.
    ``5. It shall not be in order to consider any bill, resolution, or 
conference report that contains an earmark included in any classified 
portion of a report accompanying the measure unless the bill, 
resolution, or conference report includes to the greatest extent 
practicable, consistent with the need to protect national security 
(including intelligence sources and methods), in unclassified language, 
a general program description, funding level, and the name of the 
sponsor of that earmark.''.
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