[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4831 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4831

To amend the Congressional Budget Act of 1974 to set a cap on allocated 
                          funds for earmarks.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2010

    Mr. Gingrey of Georgia introduced the following bill; which was 
referred to the Committee on Rules, and in addition to the Committee on 
the Budget, 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 Congressional Budget Act of 1974 to set a cap on allocated 
                          funds for earmarks.

    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 Reform Act of 2010''.

SEC. 2. CAP ON ALLOCATED FUNDS FOR EARMARKS.

    Section 302 of the Congressional Budget Act of 1974 is amended by 
adding at the end the following new subsection:
    ``(h) Earmark Allocation Cap.--
            ``(1) Further division of amounts.--In the Senate and in 
        the House of Representatives, the amounts allocated to the 
        Committees on Appropriations under subsection (a) shall be 
        further divided to establish an allocation of--
                    ``(A) $14,500,000,000 of total new budget authority 
                and total outlays for earmarks in appropriation 
                measures for the first fiscal year of the first 
                concurrent resolution on the budget to which this 
                subsection applies; and
                    ``(B) an amount of total new budget authority and 
                total outlays for earmarks in appropriation measures 
                for the first fiscal year of each ensuing concurrent 
                resolution on the budget equal to one percent of total 
                new budget authority and total outlays allocated to 
                such committees under subsection (a) for that fiscal 
                year.
            ``(2) Division by membership.--
                    ``(A) In general.--The $14,500,000 of new budget 
                authority and outlays shall be equally divided among 
                each Member of the House of Representatives and each 
                Senator.
                    ``(B) Further adjustment of allocations and 
                suballocations.--Whenever a Member or Senator chooses 
                not to request the full amount of new budget authority 
                and outlays allocated to that Member or Senator for 
                earmarks for a fiscal year, the subsection (a) 
                allocation to the applicable Committee on 
                Appropriations shall be reduced accordingly and that 
                committee shall adjust its subsection (b) suballocation 
                accordingly.
            ``(3) Point of order.--It shall not be in order in the 
        House of Representatives or the Senate to consider any bill, 
        joint resolution, or amendment if--
                    ``(A) the enactment of such bill or resolution as 
                reported;
                    ``(B) the adoption and enactment of such amendment; 
                or
                    ``(C) the enactment of such bill or resolution in 
                the form recommended in such conference report,
        would cause the applicable allocation of new budget authority 
        or outlays made under paragraph (1) or (2) for a fiscal year to 
        be exceeded.
            ``(4) Definition.--As used in this Act, the term `earmark' 
        shall have the meaning given to the term `congressional 
        earmark' in clause 9 of rule XXI of the Rules of the House of 
        Representatives, except that it shall only apply to provisions 
        carried in an appropriation measure or report language 
        respecting any such measure.''.

SEC. 3. EFFECTIVE DATE.

    The amendment made by this Act shall apply to the first fiscal year 
beginning in the first calendar year beginning after the date of 
enactment of this Act and to subsequent fiscal years.
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