House and Senate Procedural Rules Concerning Earmark Disclosure (CRS Report for Congress)
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| Release Date |
Revised Nov. 18, 2009 |
| Report Number |
RL34462 |
| Report Type |
Report |
| Authors |
Sandy Streeter, Analyst on the Congress and Legislative Process |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
During 2007, both the House and Senate established new earmark transparency procedures for their separate chambers. They provide for public disclosure of approved earmarks and the identification of their congressional sponsors. In addition, they require disclosure of further information from each congressional sponsor, such as a certification that the sponsor has no financial interest in the earmark. Each House has also established procedures regarding new spending earmarks added to conference reports.
The House originally established its procedures through adoption of two House resolutions. On January 5, 2007, the House completed action on H.Res. 6 (110th Congress), adopting the 110th Congress rules package, including new provisions in House Rule XXI to require public disclosure of approved earmarks, their sponsors, and the additional information. On June 18, 2007, the House adopted a standing order, H.Res. 491 (110th Congress), to require transparency for new spending earmarks added to conference reports on the 12 annual regular appropriations bills. On January 6, 2009, the House adopted the rules package for the 111th Congress, H.Res. 5 (111th Congress), which incorporated the provisions of H.Res. 491 into House Rule XXI, clause 9.
In the Senate, Rule XLIV was adopted through the Honest Leadership and Open Government Act of 2007 (P.L. 110-81), which became law on September 14, 2007. The new rule provides for public disclosure of each "congressionally directed spending item," its sponsors, and "no financial interest" certifications. It also includes a procedure to strike certain new items of spending added to conference reports.
The House rule generally prohibits consideration of a measure, manager's amendment, or conference report unless a list of earmarks and the name of each sponsoring Member (or a statement that there are no earmarks) is available before consideration. The Senate rule prohibits a vote on a motion to proceed to consider a measure or a vote on adoption of a conference report, unless the chair of the committee or Majority Leader certifies that a complete list of earmarks and the name of each Senator requesting each earmark is available on a publicly accessible congressional website 48 hours before the vote.
Both House and Senate rules require earmark sponsors to provide similar information on each earmark to the committee of jurisdiction, but these rules include different public disclosure requirements regarding the information. Neither requirement is enforced by points of order. In the House, the applicable committee is to make "open to public inspection" the Member's entire written statement on certain approved earmarks. The Senate rule requires the applicable committee to make available on the Internet the certifications of no financial interest.
With regard to certain spending earmarks first specified in conference, the House requires public disclosure of those earmarks and the names of those Members that requested each earmark identified. The Senate rule provides a procedure to strike certain new items of spending, including earmarks, from a conference report.
