[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3268 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3268

      To amend the Rules of the House of Representatives and the 
 Congressional Budget and Impoundment Control Act of 1974 to increase 
    earmark transparency and accountability, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2009

 Mr. Reichert (for himself and Mr. Smith of Washington) introduced the 
 following bill; which was referred to the Committee on Rules, and in 
    addition to the Committees on the Budget, Standards of Official 
  Conduct, the Judiciary, and Oversight and Government Reform, 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

_______________________________________________________________________

                                 A BILL


 
      To amend the Rules of the House of Representatives and the 
 Congressional Budget and Impoundment Control Act of 1974 to increase 
    earmark transparency and accountability, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Earmark Transparency and 
Accountability Reform Act''.

   TITLE I--CHANGES IN THE RULES OF THE HOUSE OF REPRESENTATIVES TO 
            INCREASE EARMARK TRANSPARENCY AND ACCOUNTABILITY

SEC. 101. 72-HOUR REQUIREMENT.

    Rule XXI of the Rules of the House of Representatives is amended by 
adding at the end the following new clause:
`` Special requirement for bills and resolutions containing earmarks
    ``11. It shall not be in order to consider any bill or joint 
resolution reported by any committee, or any amendment thereto or 
conference report thereon, that contains any congressional earmark (as 
defined in clause 9) that has not been posted on the Website of that 
committee for at least 72 hours (excluding Saturdays, Sundays and 
holidays except when the House is in session on such a day).''.

SEC. 102. SEARCHABLE WEBSITE FOR ALL MEMBER SPENDING REQUESTS MANAGED 
              BY THE CLERK.

    (a) Clause 17 of rule XXIII of the Rules of the House of 
Representatives is amended by redesignating paragraph (b) as paragraph 
(c) and by inserting after paragraph (a) the following:
    ``(b) Whenever any Member, Delegate, or Resident Commissioner 
requests a congressional earmark in any bill or joint resolution (or 
accompanying report)--
    ``(1) that Member, Delegate, or Resident Commissioner shall include 
the amount requested, the project name, a project description of the 
matter that is the subject of that congressional earmark, and the name 
of the entity that the earmark is for, and submit such information to 
the Clerk for posting on the Website of the Clerk within 24 hours of 
making such request;
    ``(2) that Member, Delegate, or Resident Commissioner shall provide 
a written statement to the chairman and ranking minority member of the 
committee of jurisdiction certifying that the Member, Delegate, or 
Resident Commissioner, or their spouse, has any financial interest in 
the earmark; and
    ``(3) in the case of an earmark for a non-public entity, that 
Member, Delegate, or Resident Commissioner shall provide an 
accompanying letter of support from a supporting public entity.''.
    (b) Clause 2 of rule II of the Rules of the House of 
Representatives is amended by adding at the end the following new 
paragraph:
    ``(l) The Clerk shall post on the Website of the Clerk an up-to-
date list of all information submitted to the Clerk pursuant to clause 
7(b)(1) of rule XXIII under a heading entitled `Member Spending 
Requests'.''.

SEC. 103. PROHIBITING EARMARKS NOT INCLUDED IN THE TEXT OF A BILL.

    Clause 9 of rule XXI of the Rules of the House of Representatives 
is amended by adding at the end the following new paragraph:
    ``(h) It shall not be in order to consider any bill or joint 
resolution, or any amendment thereto or conference report thereon, if a 
committee report or the joint explanatory statement of the managers 
accompanying that measure contains any congressional earmark.''.

SEC. 104. LIMITATION ON EARMARKS IN CONFERENCES BETWEEN THE HOUSE AND 
              SENATE.

    Clause 9(b) of rule XXI of the Rules of the House of 
Representatives is amended to read as follows:
    ``(b) A conference report may not include a modification of any 
congressional earmark, limited tax benefit, or limited tariff benefit 
committed to the conference committee by either or both Houses if that 
modification is beyond the scope of that specific matter as committed 
to the conference committee. Whenever a point of order is made that a 
conference report contains a violation of this paragraph, the Chair may 
submit the question of whether such violation has occurred to the House 
and shall be debatable up to 10 minutes by the Member initiating the 
point of order and for up to 10 minutes by an opponent and shall be 
decided with a roll call vote as to whether to strip the congressional 
earmark without intervening motion except one that the House 
adjourn.''.

SEC. 105. PROHIBITING CONSIDERATION OF AN EARMARK FOR ANY ENTITY NAMED 
              AFTER A SITTING MEMBER OR SENATOR.

    Clause 9 of rule XXI of the Rules of the House of Representatives 
(as amended by section 103) is further amended by adding the following 
new paragraph:
    ``(i) It shall not be in order to consider any bill or joint 
resolution (or accompanying report), amendment, or conference report 
that contains a congressional earmark for any entity named after an 
individual then serving as a Member, Delegate, Resident Commissioner, 
or Senator.''.

                 TITLE II--EARMARK RESCISSION AUTHORITY

SEC. 201. EARMARK RESCISSION AUTHORITY.

    Title X of the Congressional Budget and Impoundment Control Act of 
1974 (2 U.S.C. 621 et seq.) is amended by striking all of part B 
(except for sections 1016 and 1013, which are redesignated as sections 
1019 and 1020, respectively) and part C and inserting the following:

                 ``Part B--Earmark Rescission Authority

                     ``earmark rescission authority

    ``Sec. 1011.  (a) Proposed Cancellations.--Within 30 calendar days 
after the enactment of any bill or joint resolution containing any 
congressional earmark or providing any limited tariff benefit or 
targeted tax benefit, the President may propose, in the manner provided 
in subsection (b), the repeal of the congressional earmark or the 
cancellation of any limited tariff benefit or targeted tax benefit. If 
the 30 calendar-day period expires during a period where either House 
of Congress stands adjourned sine die at the end of Congress or for a 
period greater than 30 calendar days, the President may propose a 
cancellation under this section and transmit a special message under 
subsection (b) on the first calendar day of session following such a 
period of adjournment.
    ``(b) Transmittal of Special Message.--
            ``(1) Special message.--
                    ``(A) In general.--The President may transmit to 
                the Congress a special message proposing to repeal any 
                congressional earmarks or to cancel any limited tariff 
                benefits or targeted tax benefits.
                    ``(B) Contents of special message.--Each special 
                message shall specify, with respect to the 
                congressional earmarks, limited tariff benefits, or 
                targeted tax benefits to be repealed or canceled--
                            ``(i) the congressional earmark that the 
                        President proposes to repeal or the limited 
                        tariff benefit or the targeted tax benefit that 
                        the President proposes be canceled;
                            ``(ii) the specific project or governmental 
                        functions involved;
                            ``(iii) the reasons why such congressional 
                        earmark should be repealed or such limited 
                        tariff benefit or targeted tax benefit should 
                        be canceled;
                            ``(iv) to the maximum extent practicable, 
                        the estimated fiscal, economic, and budgetary 
                        effect (including the effect on outlays and 
                        receipts in each fiscal year) of the proposed 
                        repeal or cancellation;
                            ``(v) to the maximum extent practicable, 
                        all facts, circumstances, and considerations 
                        relating to or bearing upon the proposed repeal 
                        or cancellation and the decision to propose the 
                        repeal or cancellation, and the estimated 
                        effect of the proposed repeal or cancellation 
                        upon the objects, purposes, or programs for 
                        which the congressional earmark, limited tariff 
                        benefit, or the targeted tax benefit is 
                        provided;
                            ``(vi) a numbered list of repeals and 
                        cancellations to be included in an approval 
                        bill that, if enacted, would repeal 
                        congressional earmarks and cancel limited 
                        tariff benefits or targeted tax benefits 
                        proposed in that special message; and
                            ``(vii) if the special message is 
                        transmitted subsequent to or at the same time 
                        as another special message, a detailed 
                        explanation why the proposed repeals or 
                        cancellations are not substantially similar to 
                        any other proposed repeal or cancellation in 
                        such other message.
                    ``(C) Duplicative proposals prohibited.--The 
                President may not propose to repeal or cancel the same 
                or substantially similar congressional earmark, limited 
                tariff benefit, or targeted tax benefit more than one 
                time under this Act.
                    ``(D) Maximum number of special messages.--The 
                President may not transmit to the Congress more than 
                one special message under this subsection related to 
                any bill or joint resolution described in subsection 
                (a), but may transmit not more than 2 special messages 
                for any omnibus budget reconciliation or appropriation 
                measure.
            ``(2) Enactment of approval bill.--
                    ``(A) Deficit reduction.--Congressional earmarks, 
                limited tariff benefits, or targeted tax benefits which 
                are repealed or canceled pursuant to enactment of a 
                bill as provided under this section shall be dedicated 
                only to reducing the deficit or increasing the surplus.
                    ``(B) Adjustment of levels in the concurrent 
                resolution on the budget.--Not later than 5 days after 
                the date of enactment of an approval bill as provided 
                under this section, the chairs of the Committees on the 
                Budget of the Senate and the House of Representatives 
                shall revise allocations and aggregates and other 
                appropriate levels under the appropriate concurrent 
                resolution on the budget to reflect the repeal or 
                cancellation, and the applicable committees shall 
                report revised suballocations pursuant to section 
                302(b), as appropriate.
                    ``(C) Adjustments to statutory limits.--After 
                enactment of an approval bill as provided under this 
                section, the Office of Management and Budget shall 
                revise applicable limits under the Balanced Budget and 
                Emergency Deficit Control Act of 1985, as appropriate.
                    ``(D) Trust funds and special funds.--
                Notwithstanding subparagraph (A), nothing in this part 
                shall be construed to require or allow the deposit of 
                amounts derived from a trust fund or special fund which 
                are canceled pursuant to enactment of a bill as 
                provided under this section to any other fund.

                ``procedures for expedited consideration

    ``Sec. 1012.  (a) Expedited Consideration.--
            ``(1) In general.--The majority leader or minority leader 
        of each House or his designee shall (by request) introduce an 
        approval bill as defined in section 1017 not later than the 
        third day of session of that House after the date of receipt of 
        a special message transmitted to the Congress under section 
        1011(b). If the bill is not introduced as provided in the 
        preceding sentence in either House, then, on the fourth day of 
        session of that House after the date of receipt of the special 
        message, any Member of that House may introduce the bill.
            ``(2) Consideration in the house of representatives.--
                    ``(A) Referral and reporting.--Any committee of the 
                House of Representatives to which an approval bill is 
                referred shall report it to the House without amendment 
                not later than the seventh legislative day after the 
                date of its introduction. If a committee fails to 
                report the bill within that period or the House has 
                adopted a concurrent resolution providing for 
                adjournment sine die at the end of a Congress, such 
                committee shall be automatically discharged from 
                further consideration of the bill and it shall be 
                placed on the appropriate calendar.
                    ``(B) Proceeding to consideration.--After an 
                approval bill is reported by or discharged from 
                committee or the House has adopted a concurrent 
                resolution providing for adjournment sine die at the 
                end of a Congress, it shall be in order to move to 
                proceed to consider the approval bill in the House. 
                Such a motion shall be in order only at a time 
                designated by the Speaker in the legislative schedule 
                within two legislative days after the day on which the 
                proponent announces his intention to offer the motion. 
                Such a motion shall not be in order after the House has 
                disposed of a motion to proceed with respect to that 
                special message. The previous question shall be 
                considered as ordered on the motion to its adoption 
                without intervening motion. A motion to reconsider the 
                vote by which the motion is disposed of shall not be in 
                order.
                    ``(C) Consideration.--The approval bill shall be 
                considered as read. All points of order against an 
                approval bill and against its consideration are waived. 
                The previous question shall be considered as ordered on 
                an approval bill to its passage without intervening 
                motion except five hours of debate equally divided and 
                controlled by the proponent and an opponent and one 
                motion to limit debate on the bill. A motion to 
                reconsider the vote on passage of the bill shall not be 
                in order.
                    ``(D) Senate bill.--An approval bill received from 
                the Senate shall not be referred to committee.
            ``(3) Consideration in the senate.--
                    ``(A) Referral and reporting.--Any committee of the 
                Senate to which an approval bill is referred shall 
                report it to the Senate without amendment not later 
                than the seventh legislative day after the date of its 
                introduction. If a committee fails to report the bill 
                within that period or the Senate has adopted a 
                concurrent resolution providing for adjournment sine 
                die at the end of a Congress, such committee shall be 
                automatically discharged from further consideration of 
                the bill and it shall be placed on the appropriate 
                calendar.
                    ``(B) Motion to proceed to consideration.--After an 
                approval bill is reported by or discharged from 
                committee or the Senate has adopted a concurrent 
                resolution providing for adjournment sine die at the 
                end of a Congress, it shall be in order to move to 
                proceed to consider the approval bill in the Senate. A 
                motion to proceed to the consideration of a bill under 
                this subsection in the Senate shall not be debatable. 
                It shall not be in order to move to reconsider the vote 
                by which the motion to proceed is agreed to or 
                disagreed to.
                    ``(C) Limits on debate.--Debate in the Senate on a 
                bill under this subsection, and all debatable motions 
                and appeals in connection therewith (including debate 
                pursuant to subparagraph (D)), shall not exceed 10 
                hours, equally divided and controlled in the usual 
                form.
                    ``(D) Appeals.--Debate in the Senate on any 
                debatable motion or appeal in connection with a bill 
                under this subsection shall be limited to not more than 
                1 hour, to be equally divided and controlled in the 
                usual form.
                    ``(E) Motion to limit debate.--A motion in the 
                Senate to further limit debate on a bill under this 
                subsection is not debatable.
                    ``(F) Motion to recommit.--A motion to recommit a 
                bill under this subsection is not in order.
                    ``(G) Consideration of the house bill.--
                            ``(i) In general.--If the Senate has 
                        received the House companion bill to the bill 
                        introduced in the Senate prior to a vote under 
                        subparagraph (C), then the Senate may consider, 
                        and the vote under subparagraph (C) may occur 
                        on, the House companion bill.
                            ``(ii) Procedure after vote on senate 
                        bill.--If the Senate votes, pursuant to 
                        subparagraph (C), on the bill introduced in the 
                        Senate, then immediately following that vote, 
                        or upon receipt of the House companion bill, 
                        the House bill shall be deemed to be 
                        considered, read the third time, and the vote 
                        on passage of the Senate bill shall be 
                        considered to be the vote on the bill received 
                        from the House.
    ``(b) Amendments Prohibited.--No amendment to, or motion to strike 
a provision from, a bill considered under this section shall be in 
order in either the Senate or the House of Representatives.

                   ``presidential deferral authority

    ``Sec. 1013.  (a) Temporary Presidential Authority To Withhold 
Congressional Earmarks.--
            ``(1) In general.--At the same time as the President 
        transmits to the Congress a special message pursuant to section 
        1011(b), the President may direct that any congressional 
        earmark to be repealed in that special message shall not be 
        made available for obligation for a period of 45 calendar days 
        of continuous session of the Congress after the date on which 
        the President transmits the special message to the Congress.
            ``(2) Early availability.--The President shall make any 
        congressional earmark deferred pursuant to paragraph (1) 
        available at a time earlier than the time specified by the 
        President if the President determines that continuation of the 
        deferral would not further the purposes of this Act.
    ``(b) Temporary Presidential Authority To Suspend a Limited Tariff 
Benefit.--
            ``(1) In general.--At the same time as the President 
        transmits to the Congress a special message pursuant to section 
        1011(b), the President may suspend the implementation of any 
        limited tariff benefit proposed to be canceled in that special 
        message for a period of 45 calendar days of continuous session 
        of the Congress after the date on which the President transmits 
        the special message to the Congress.
            ``(2) Early availability.--The President shall terminate 
        the suspension of any limited tariff benefit at a time earlier 
        than the time specified by the President if the President 
        determines that continuation of the suspension would not 
        further the purposes of this Act.
    ``(c) Temporary Presidential Authority To Suspend a Targeted Tax 
Benefit.--
            ``(1) In general.--At the same time as the President 
        transmits to the Congress a special message pursuant to section 
        1011(b), the President may suspend the implementation of any 
        targeted tax benefit proposed to be repealed in that special 
        message for a period of 45 calendar days of continuous session 
        of the Congress after the date on which the President transmits 
        the special message to the Congress.
            ``(2) Early availability.--The President shall terminate 
        the suspension of any targeted tax benefit at a time earlier 
        than the time specified by the President if the President 
        determines that continuation of the suspension would not 
        further the purposes of this Act.

               ``identification of targeted tax benefits

    ``Sec. 1014.  (a) Statement.--The chairman of the Committee on Ways 
and Means of the House of Representatives and the chairman of the 
Committee on Finance of the Senate acting jointly (hereafter in this 
subsection referred to as the `chairmen') shall review any revenue or 
reconciliation bill or joint resolution which includes any amendment to 
the Internal Revenue Code of 1986 that is being prepared for filing by 
a committee of conference of the two Houses, and shall identify whether 
such bill or joint resolution contains any targeted tax benefits. The 
chairmen shall provide to the committee of conference a statement 
identifying any such targeted tax benefits or declaring that the bill 
or joint resolution does not contain any targeted tax benefits. Any 
such statement shall be made available to any Member of Congress by the 
chairmen immediately upon request.
    ``(b) Statement Included in Legislation.--
            ``(1) In general.--Notwithstanding any other rule of the 
        House of Representatives or any rule or precedent of the 
        Senate, any revenue or reconciliation bill or joint resolution 
        which includes any amendment to the Internal Revenue Code of 
        1986 reported by a committee of conference of the two Houses 
        may include, as a separate section of such bill or joint 
        resolution, the information contained in the statement of the 
        chairmen, but only in the manner set forth in paragraph (2).
            ``(2) Applicability.--The separate section permitted under 
        subparagraph (A) shall read as follows: `Section 1021 of the 
        Congressional Budget and Impoundment Control Act of 1974 shall 
        ______ apply to ________.', with the blank spaces being filled 
        in with--
                    ``(A) in any case in which the chairmen identify 
                targeted tax benefits in the statement required under 
                subsection (a), the word `only' in the first blank 
                space and a list of all of the specific provisions of 
                the bill or joint resolution in the second blank space; 
                or
                    ``(B) in any case in which the chairmen declare 
                that there are no targeted tax benefits in the 
                statement required under subsection (a), the word `not' 
                in the first blank space and the phrase `any provision 
                of this Act' in the second blank space.
    ``(c) Identification in Revenue Estimate.--With respect to any 
revenue or reconciliation bill or joint resolution with respect to 
which the chairmen provide a statement under subsection (a), the Joint 
Committee on Taxation shall--
            ``(1) in the case of a statement described in subsection 
        (b)(2)(A), list the targeted tax benefits in any revenue 
        estimate prepared by the Joint Committee on Taxation for any 
        conference report which accompanies such bill or joint 
        resolution, or
            ``(2) in the case of a statement described in 13 subsection 
        (b)(2)(B), indicate in such revenue estimate that no provision 
        in such bill or joint resolution has been identified as a 
        targeted tax benefit.
    ``(d) President's Authority.--If any revenue or reconciliation bill 
or joint resolution is signed into law--
            ``(1) with a separate section described in subsection 
        (b)(2), then the President may use the authority granted in 
        this section only with respect to any targeted tax benefit in 
        that law, if any, identified in such separate section; or
            ``(2) without a separate section described in subsection 
        (b)(2), then the President may use the authority granted in 
        this section with respect to any targeted tax benefit in that 
        law.

                      ``treatment of cancellations

    ``Sec. 1015. The repeal of any congressional earmark or 
cancellation of any limited tariff benefit or targeted tax benefit 
shall take effect only upon enactment of the applicable approval bill. 
If an approval bill is not enacted into law before the end of the 
applicable period under section 1013, then all proposed repeals and 
cancellations contained in that bill shall be null and void and any 
such congressional earmark, limited tariff benefit, or targeted tax 
benefit shall be effective as of the original date provided in the law 
to which the proposed repeals or cancellations applied.

                    ``reports by comptroller general

    ``Sec. 1016. With respect to each special message under this part, 
the Comptroller General shall issue to the Congress a report 
determining whether any congressional earmark is not repealed or 
limited tariff benefit or targeted tax benefit continues to be 
suspended after the deferral authority set forth in section 1013 of the 
President has expired.

                             ``definitions

    ``Sec. 1017. As used in this part:
            ``(1) Appropriation law.--The term `appropriation law' 
        means an Act referred to in section 105 of title 1, United 
        States Code, including any general or special appropriation 
        Act, or any Act making supplemental, deficiency, or continuing 
        appropriations, that has been signed into law pursuant to 
        Article I, section 7, of the Constitution of the United States.
            ``(2) Approval bill.--The term `approval bill' means a bill 
        or joint resolution which only approves proposed repeals of 
        congressional earmarks or cancellations of limited tariff 
        benefits or targeted tax benefits in a special message 
        transmitted by the President under this part and--
                    ``(A) the title of which is as follows: `A bill 
                approving the proposed repeals and cancellations 
                transmitted by the President on ___', the blank space 
                being filled in with the date of transmission of the 
                relevant special message and the public law number to 
                which the message relates;
                    ``(B) which does not have a preamble; and
                    ``(C) which provides only the following after the 
                enacting clause: `That the Congress approves of 
                proposed repeals and cancellations ___', the blank 
                space being filled in with a list of the repeals and 
                cancellations contained in the President's special 
                message, `as transmitted by the President in a special 
                message on ____', the blank space being filled in with 
                the appropriate date, `regarding ____.', the blank 
                space being filled in with the public law number to 
                which the special message relates;
                    ``(D) which only includes proposed repeals and 
                cancellations that are estimated by CBO to meet the 
                definition of congressional earmark or limited tariff 
                benefits, or that are identified as targeted tax 
                benefits pursuant to section 1014; and
                    ``(E) if no CBO estimate is available, then the 
                entire list of legislative provisions proposed by the 
                President is inserted in the second blank space in 
                subparagraph (C).
            ``(3) Calendar day.--The term `calendar day' means a 
        standard 24-hour period beginning at midnight.
            ``(4) Cancel or cancellation.--The terms `cancel' or 
        `cancellation' means to prevent--
                    ``(A) a limited tariff benefit from having legal 
                force or effect, and to make any necessary, conforming 
                statutory change to ensure that such limited tariff 
                benefit is not implemented; or
                    ``(B) a targeted tax benefit from having legal 
                force or effect, and to make any necessary, conforming 
                statutory change to ensure that such targeted tax 
                benefit is not implemented and that any budgetary 
                resources are appropriately canceled.
            ``(5) CBO.--The term `CBO' means the Director of the 
        Congressional Budget Office.
            ``(6) Congressional earmark.--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.
            ``(7) Entity.--As used in paragraph (6), the term `entity' 
        includes a private business, State, territory or locality, or 
        Federal entity.
            ``(8) Limited tariff benefit.--The term `limited tariff 
        benefit' means any provision of law that modifies the 
        Harmonized Tariff Schedule of the United States in a manner 
        that benefits 10 or fewer entities (as defined in paragraph 
        (12)(B)).
            ``(9) OMB.--The term `OMB' means the Director of the Office 
        of Management and Budget.
            ``(10) Omnibus reconciliation or appropriation measure.--
        The term `omnibus reconciliation or appropriation measure' 
        means--
                    ``(A) in the case of a reconciliation bill, any 
                such bill that is reported to its House by the 
                Committee on the Budget; or
                    ``(B) in the case of an appropriation measure, any 
                such measure that provides appropriations for programs, 
                projects, or activities falling within 2 or more 
                section 302(b) suballocations.
            ``(11) Targeted tax benefit.--(A) The term `targeted tax 
        benefit' means any revenue-losing provision that provides a 
        Federal tax deduction, credit, exclusion, or preference to ten 
        or fewer beneficiaries (determined with respect to either 
        present law or any provision of which the provision is a part) 
        under the Internal Revenue Code of 1986 in any year for which 
        the provision is in effect;
                    ``(B) for purposes of subparagraph (A)--
                            ``(i) all businesses and associations that 
                        are members of the same controlled group of 
                        corporations (as defined in section 1563(a) of 
                        the Internal Revenue Code of 1986) shall be 
                        treated as a single beneficiary;
                            ``(ii) all shareholders, partners, members, 
                        or beneficiaries of a corporation, partnership, 
                        association, or trust or estate, respectively, 
                        shall be treated as a single beneficiary;
                            ``(iii) all employees of an employer shall 
                        be treated as a single beneficiary;
                            ``(iv) all qualified plans of an employer 
                        shall be treated as a single beneficiary;
                            ``(v) all beneficiaries of a qualified plan 
                        shall be treated as a single beneficiary;
                            ``(vi) all contributors to a charitable 
                        organization shall be treated as a single 
                        beneficiary;
                            ``(vii) all holders of the same bond issue 
                        shall be treated as a single beneficiary; and
                            ``(viii) if a corporation, partnership, 
                        association, trust or estate is the beneficiary 
                        of a provision, the shareholders of the 
                        corporation, the partners of the partnership, 
                        the members of the association, or the 
                        beneficiaries of the trust or estate shall not 
                        also be treated as beneficiaries of such 
                        provision;
                    ``(C) for the purpose of this paragraph, the term 
                `revenue-losing provision' means any provision that is 
                estimated to result in a reduction in Federal tax 
                revenues (determined with respect to either present law 
                or any provision of which the provision is a part) for 
                any one of the two following periods--
                            ``(i) the first fiscal year for which the 
                        provision is effective; or
                            ``(ii) the period of the 5 fiscal years 
                        beginning with the first fiscal year for which 
                        the provision is effective;
                    ``(D) the term `targeted tax benefit' does not 
                include any provision which applies uniformly to an 
                entire industry; and
                    ``(E) the terms used in this paragraph shall have 
                the same meaning as those terms have generally in the 
                Internal Revenue Code of 1986, unless otherwise 
                expressly provided.

                              ``expiration

    ``Sec. 1018. This title shall have no force or effect on or after 
December 31, 2012.''.

SEC. 202. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Exercise of Rulemaking Powers.--Section 904 of the 
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
            (1) in subsection (a), by striking ``1017'' and inserting 
        ``1012''; and
            (2) in subsection (d), by striking ``section 1017'' and 
        inserting ``section 1012''.
    (b) Analysis by Congressional Budget Office.--Section 402 of the 
Congressional Budget Act of 1974 is amended by inserting ``(a)'' after 
``402.'' and by adding at the end the following new subsection:
    ``(b) Upon the receipt of a special message under section 1011 
proposing to repeal any congressional earmark, the Director of the 
Congressional Budget Office shall prepare an estimate of the savings in 
budget authority or outlays resulting from such proposed repeal 
relative to the most recent levels calculated consistent with the 
methodology used to calculate a baseline under section 257 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 and included 
with a budget submission under section 1105(a) of title 31, United 
States Code, and transmit such estimate to the chairmen of the 
Committees on the Budget of the House of Representatives and Senate.''.
    (c) Clerical Amendments.--(1) Section 1(a) of the Congressional 
Budget and Impoundment Control Act of 1974 is amended by striking the 
last sentence.
    (2) Section 1022(c) of such Act (as redesignated) is amended is 
amended by striking ``rescinded or that is to be reserved'' and 
inserting ``canceled'' and by striking ``1012'' and inserting ``1011''.
    (d) Table of Contents.--The table of contents set forth in section 
1(b) of the Congressional Budget and Impoundment Control Act of 1974 is 
amended by striking the contents for parts B and C of title X and 
inserting the following:

                 ``Part B--Earmark Rescission Authority

``Sec. 1011. Earmark rescission authority.
``Sec. 1012. Procedures for expedited consideration.
``Sec. 1013. Presidential deferral authority.
``Sec. 1014. Identification of targeted tax benefits.
``Sec. 1015. Treatment of cancellations.
``Sec. 1016. Reports by comptroller general.
``Sec. 1017. Definitions.
``Sec. 1018. Expiration.
``Sec. 1019. Suits by Comptroller General.
``Sec. 1020. Proposed Deferrals of budget authority.''.

SEC. 203. SENSE OF CONGRESS ON ABUSE OF PROPOSED REPEALS AND 
              CANCELLATIONS.

    It is the sense of Congress no President or any executive branch 
official should condition the inclusion or exclusion or threaten to 
condition the inclusion or exclusion of any proposed repeal or 
cancellation in any special message under part B of title X of the 
Congressional Budget and Impoundment Control Act of 1974 upon any vote 
cast or to be cast by any Member of either House of Congress.

 TITLE III--GAO PERFORMANCE AUDITS OF EARMARKS TO NON-FEDERAL ENTITIES

SEC. 301. ACCOUNTABILITY FOR EXPENDITURE OF CONGRESSIONAL EARMARKS.

    (a) Government Accountability Office Audits of Earmark Funded 
Programs, Projects, and Activities.--Section 3523 of title 31, United 
States Code, is amended by adding at the end the following:
    ``(d)(1) The Comptroller General shall develop and implement a 
systematic process to--
            ``(A) review audits of programs, projects, and activities 
        funded through earmarks and submitted to the Comptroller 
        General under section 3521(j) and section 9105(d); and
            ``(B) annually conduct such number of audits of programs, 
        projects, and activities funded through earmarks (as defined in 
        section 3521(j)) as the Comptroller General determines to be 
        appropriate.
    ``(2) Not later than March 31 of each fiscal year, the Comptroller 
General shall submit to Congress a report containing, for programs, 
projects, or activities conducted during the previous fiscal year under 
paragraph (1), the results of--
            ``(A) audits submitted to the Comptroller General under 
        section 3521(j) and under section 9105(d);
            ``(B) reviews of audits by the Comptroller General under 
        paragraph (1)(A); and
            ``(C) audits the Comptroller General conducts under 
        paragraph (1)(B).''.
    (b) Agency Reports on Earmark Funded Programs, Projects, and 
Activities.--Section 3521 of title 31, United States Code, is amended 
by adding at the end the following:
    ``(j)(1) If an agency conducts an audit of any program, project, or 
activity that is administered by the agency and is funded through an 
earmark, the agency shall, at the time a person submits a report under 
subsection (f) concerning the audited financial statement for the 
accounts associated with such program, project, or activity, submit to 
the Comptroller General of the United States the results of the audit.
    ``(2) If an auditor submits to an agency, under section 7502(k), 
the results of audit of any program, project, or activity funded 
through an earmark, the agency shall, at the time described in 
paragraph (1), submit such results to the Comptroller General.
    ``(3) For purposes of this subsection, the term `funded through an 
earmark' means that the program, project, or activity is included on--
            ``(A) a list of `congressional earmarks' generated under 
        the Rules of the House of Representatives;
            ``(B) a list of `congressionally directed spending' 
        generated under the Standing Rules of the Senate; or
            ``(C) on both such lists.''.
    (c) Non-federal Entity Reports on Earmark Funded Programs, 
Projects, and Activities.--Section 7502 of such title is amended by 
adding at the end the following:
    ``(k) If a non-Federal entity described in subsection (a)(1)(A) has 
an audit made of any program, project, or activity that is administered 
by the entity and is funded through an earmark (as defined in section 
3521(j)), the auditor of such program, project, or activity shall, not 
later than the date set by the Director, submit to the agency with 
jurisdiction over such program, project, or activity the results of the 
audit.''.
    (d) Government Corporation Reports on Earmark Funded Programs, 
Projects, and Activities.--Section 9105 of such title is amended by 
adding at the end the following:
    ``(d) If the Inspector General of a Government corporation or an 
independent external auditor described in subsection (a)(1) conducts an 
audit of any program, project, or activity that is administered by the 
corporation and is funded through an earmark (as defined in section 
3521(j)), such Inspector General or auditor shall, upon completion of 
the audit, submit the results of the audit to the Comptroller General 
of the United States.''.

            TITLE IV--REPORTS BY RECIPIENTS OF FEDERAL FUNDS

SEC. 401. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.

    The Lobbying Disclosure Act of 1995 is amended by adding after 
section 5 the following:

``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.

    ``(a) In General.--A nonpublic recipient of Federal funds shall 
file a report as required by section 5(a) containing--
            ``(1) the name of any lobbyist registered under this Act to 
        whom the recipient paid money to lobby on behalf of the Federal 
        funding received by the recipient; and
            ``(2) the amount of money paid as described in paragraph 
        (1).
    ``(b) Definition.--In this section, the term `recipient of Federal 
funds' means the recipient of Federal funds constituting an award, 
grant, or loan.''.

   TITLE V--ESTABLISHMENT OF JOINT SELECT COMMITTEE ON EARMARK REFORM

SEC. 501. 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 to be appointed 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 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 180 days after the end 
                of the first fiscal year for which this Act and the 
                amendments made by this Act apply.
                    (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 
        (b)(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.

               TITLE VI--SENSE OF THE CONGRESS PROVISIONS

SEC. 601. DISCLOSURE OF EARMARKS REQUESTED BY THE PRESIDENT.

    It is the sense of the Congress that the President should disclose 
in an annual single report all earmarks requested in the annual budget 
submission of the President.

SEC. 602. OFFICIAL VISITS TO PROJECT SITES.

    It is the sense of the Congress that any Member of the House of 
Representatives (or his or her delegate) who submits a request for a 
congressional earmark should make an official visit to the project site 
or location of the entity that is the subject of the earmark request.

SEC. 603. HEARINGS RESPECTING EARMARKS.

    It is the sense of the Congress that the subcommittees of the 
Committee on Appropriations of the House of Representatives should hold 
hearings for Members who request earmarks to testify.

                       TITLE VII--EFFECTIVE DATE

SEC. 701. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to the later of--
            (1) fiscal year 2011; or
            (2) the first fiscal year which begins after the first 
        January which occurs after the date of the enactment of this 
        Act.
                                 <all>