Congressman Sander Levin

Current Earmark Process

Step 1: Members are Required to Post All Requests Online: To offer more opportunity for public scrutiny of member requests, members are required to post information on their earmark requests on their websites at the time the request is made with the proposed recipient, the address of the recipient, the amount of the request, and an explanation of the request, including purpose, and why it is an appropriate use of taxpayer funds.

Step 2: Certify No Financial Interest: At the time the request is made, the member must send the committee a letter identifying the earmark, the entity that will receive the funds and their address, what the earmark does, and a certification that neither the requesting member nor their spouse will benefit from it financially. The certification is available on the internet at least 48 hours prior to a floor vote on the bill.

Step 3: Executive Review: The appropriate agency will be given 20 days to check that the proposed earmark is eligible for funding and meets goals established in law.

Step 4: Early Public Disclosure of Subcommittee Decisions: Each bill must be accompanied by a list identifying each earmark that it includes and which member requested it. To increase the time available for public scrutiny of committee decisions, earmark disclosure tables will be made publically available the same day as the House or Senate Subcommittee rather than Full Committee reports their bill.

Step 5: A Cap of 1%: Total funding for non-project based earmarks will be limited to 50% of the 2006 levels and no more than 1% of the total discretionary budget.

Step 6: Votes: Members are able to offer floor amendments on earmarks under the rules of the House and Senate. Over 70 such votes were taken on individual earmarks in 2007 in the House.

Step 7: Competitive Process: Earmarks directed to for-profit entities will undergo a competitive bidding process.

Step 8: Rescissions: In the event that any “clunkers” are discovered after enactment, under the rescission process on the books, the Congress can consider proposals by the President to rescind funding.