Amending the Rules of the House of Representatives to provide for transparency of earmarks requests.

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1008 Introduced in House (IH)]

109th CONGRESS
2d Session
H. RES. 1008

Amending the Rules of the House of Representatives to provide for
transparency of earmarks requests.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 13, 2006

Mr. Moore of Kansas (for himself, Mr. Barrow, Mr. Salazar, Mr. Cuellar,
Mr. Frank of Massachusetts, Mr. Nadler, Mr. Doggett, Ms. Jackson-Lee of
Texas, Mr. Delahunt, Ms. Hooley, Ms. Berkley, Mrs. Napolitano, Mr.
Israel, and Mr. Van Hollen) submitted the following resolution; which
was referred to the Committee on Rules

_______________________________________________________________________

RESOLUTION

Amending the Rules of the House of Representatives to provide for
transparency of earmarks requests.

Resolved, That (a) rule XXI of the Rules of the House of
Representatives is amended by adding at the end the following new
clause:
``7. (a) It shall not be in order to consider any bill or joint
resolution containing an earmark unless--
``(1) a written request for the inclusion of such earmark
is sent to the chairman and ranking member of the committee of
primary jurisdiction (and, in the case of the Committee on
Appropriations, also to the chairman and ranking member of the
subcommittee of jurisdiction) at least 7 days before such
earmark or bill including such earmark is scheduled to be voted
on by the committee or by the House;
``(2) such request includes the name of the Member,
Delegate, or Resident Commissioner sponsoring the earmark; the
name and address of the intended recipient of the earmark; the
purpose of the earmark; and a statement of whether the Member,
Delegate, or Resident Commissioner sponsoring the earmark has a
financial interest in the earmark or in the intended recipient
of the earmark;
``(3) the applicable committee makes available on its
Internet website the information sent to it pursuant to this
clause respecting such earmark when such bill or joint
resolution is ordered reported.
``(b) As used in this clause, the term `earmark' means any
provision of a bill or joint resolution, or report thereon, that
specifies the identity of an entity, including States and local units
of government, but excluding any Federal agency, Federal facility, or
Federal lands, to receive any moneys, grant, loan, loan guarantee,
contract, or tax benefit, which is included in an appropriation,
authorization or tax measure.
``(c) A rule or order reported by the Committee on Rules that
waives this clause or all or unspecified points of order may not be
called up for consideration over the objection of any Member, except
when so determined by a vote of two-thirds of the total membership of
the House. A question of consideration under this clause is debatable
for 30 minutes, equally divided by a proponent of the question and an
opponent.''.
(b) Rule XXII of the Rules of the House of Representatives is
amended by adding at the end the following new clause:
``13. (a)(1) It shall not be in order to consider a conference
report on a bill or joint resolution referred to in clause 7 of rule
XXI unless the joint explanatory statement accompanying such conference
report includes a list of earmarks in the conference report or joint
statement (and the names of Members of the House who submitted requests
to the committee for earmarks included in such list and all other
information required under such clause) that were not committed to the
conference committee by either House.
``(2) It shall not be in order to consider a rule or order that
waives the application of subparagraph (1).
``(3) As used in this clause, the term `earmark' has the meaning
given such term in clause 7 of rule XXI and language in an accompanying
joint statement of managers.
``(d) It shall not be in order to consider a conference report
until 48 hours after the list and other information required under
paragraph (a) is made available on its Internet website by the
committee with primary subject matter jurisdiction over such conference
report.''.
(c) 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 maintain, and make available to the public
over the Internet, without a fee or other access charge, in a
searchable, sortable, and downloadable manner, an electronic database
that would link to all committee Internet websites to provide access to
the information regarding earmarks that is made available by such
committees pursuant to clause 7 of rule XXI and clause 13 of rule
XXII.''.
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