[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 201 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. CON. RES. 201

  To establish the Joint Select Committee on Earmark Reform, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2009

 Mr. Tiahrt (for himself, Mr. Wamp, Mrs. Bachmann, Mr. Bartlett, Mrs. 
 Blackburn, Mrs. Bono Mack, Mr. Boozman, Mr. Chaffetz, Mr. Ehlers, Ms. 
Foxx, Mr. Franks of Arizona, Mr. Gingrey of Georgia, Mr. Goodlatte, Mr. 
Graves, Mr. Heller, Mr. Herger, Mr. Inglis, Mr. Kline of Minnesota, Mr. 
Lamborn, Mr. Lucas, Mrs. McMorris Rodgers, Mr. Miller of Florida, Mrs. 
  Myrick, Mr. Petri, Mr. Pitts, Mr. Platts, Mr. Roe of Tennessee, Mr. 
   Ryan of Wisconsin, Mr. Smith of Nebraska, Mr. Smith of Texas, Mr. 
    Terry, Mr. Westmoreland, and Mr. Wolf) submitted the following 
  concurrent resolution; which was referred to the Committee on Rules

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  To establish the Joint Select Committee on Earmark Reform, and for 
                            other purposes.

    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 (hereinafter referred to as 
the ``joint select committee''). The joint select committee shall be 
composed of 16 members as follows:
    (1) Eight 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 Speaker upon the recommendation of the minority leader.
    (2) Eight Members of the Senate, 4 appointed from the majority 
party by the majority leader of the Senate, 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 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 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;
    (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 CONSIDERATION OF EARMARKS.

    (a) In the House.--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) or an earmark attributable to the President until the 
filing of the report required under section 1.
    (b) In the Senate.--[To be supplied.]
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