[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1001 Introduced in House (IH)]







109th CONGRESS
  2d Session
H. RES. 1001

    Providing for earmarking reform in the House of Representatives.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2006

 Mr. Lewis of California submitted the following resolution; which was 
                   referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
    Providing for earmarking reform in the House of Representatives.

    Resolved,

SECTION 1. EARMARKING REFORM IN THE HOUSE OF REPRESENTATIVES.

    (a)(1) It shall not be in order to consider a bill, amendment, or 
conference report unless such measure is in compliance with the 
applicable provisions of this subsection.
    (2) The report of a committee on a bill shall include a list of 
earmarks in the bill or in the report (and the names of Members who 
submitted requests to the committee for earmarks included in such 
list).
    (3) The sponsor of an amendment shall submit for publication in the 
Congressional Record a list of any earmarks included in such amendment 
(and the name of Members who requested such earmarks) two legislative 
days before consideration of the amendment. The sponsor shall make such 
list available to any Member immediately upon request.
    (4) A joint explanatory statement prepared by the managers on the 
part of the House and the managers on the part of the Senate shall 
include a list of earmarks in the conference report or joint statement 
(and the names of Members who submitted requests to the committee for 
earmarks included in such list) that were not committed to the 
conference committee by either House, not in a report or not published 
as specified in this subsection, and not in a report of a committee of 
the Senate on a companion measure.
    (b)(1) It shall not be in order to consider a rule or order that 
waives the application of subsection (a)(4).
    (2) Where the Committee on Rules reports a resolution making in 
order a bill for initial House consideration and the resolution 
provides for the consideration, adoption, or passage of text not 
otherwise subject to the provisions of subsection (a), the Committee on 
Rules shall include a list of earmarks in such measure (and the names 
of Members who requested such earmark).
    (c)(1) In order to be cognizable by the Chair, a point of order 
raised under subsection (a)(2) or (a)(3) may be based only on the 
failure to include a list required by such subsections.
    (2) As disposition of a point of order under subsection (a), the 
Chair shall put the question of consideration with respect to the 
proposition that is the subject of the point of order.
    (3) As disposition of a point of order under subsection (b)(1), the 
Chair shall put the question of consideration as follows: ``Shall the 
House now consider the resolution notwithstanding the assertion of [the 
maker of the point of order] that the object of the resolution 
introduces a new earmark or new earmarks?''.
    (4) The question of consideration under this subsection shall be 
debatable for 15 minutes by the Member initiating the point of order 
and for 15 minutes by an opponent, but shall otherwise be decided 
without intervening motion except one that the House adjourn.

SEC. 2. DEFINITIONS.

    (a) For the purpose of this resolution, the term ``earmark'' means 
a provision in a bill, amendment, or conference report, or language in 
an accompanying committee report or joint statement of managers--
            (1) with respect to a general appropriation bill, an 
        amendment thereto, or conference report thereon, providing or 
        recommending a specific amount of budget authority for a 
        contract, loan, loan guarantee, grant, or other expenditure 
        with or to a non-Federal entity, if--
                    (A) such entity is specifically identified in the 
                report or bill; or
                    (B) if the discretionary budget authority is 
                allocated outside of the statutory or administrative 
                formula-driven or competitive bidding process and is 
                targeted or directed to an identifiable entity, 
                specific State, or Congressional district;
            (2) with respect to a measure other than a measure 
        specified in paragraph (1), an amendment thereto, or conference 
        report thereon, providing authority, including budget 
        authority, or recommending the exercise of authority, including 
        budget authority, for a contract, loan, loan guarantee, grant, 
        loan authority, or other expenditure, with or to a non-Federal 
        entity, if--
                    (A) such entity is specifically identified in the 
                report or bill; or
                    (B) if the authorization for, or provision of, 
                budget authority, contract authority, loan authority or 
                other expenditure is allocated outside of the statutory 
                or administrative formula-driven or competitive bidding 
                process and is targeted or directed to an identifiable 
                entity, specific State, or Congressional district; or
                    (C) if such authorization for, or provision of, 
                budget authority, contract authority, loan authority, 
                or other expenditure preempts statutory or 
                administrative State allocation authority;
            (3) if the provision provides for a targeted tax benefit; 
        or
            (4) if the provision provides for tariff relief.
    (b)(1) For the purpose of this resolution, the term ``targeted tax 
benefit''means--
            (A) any revenue-losing provision that provides a Federal 
        tax deduction, credit, exclusion, or preference to 100 or fewer 
        beneficiaries under the Internal Revenue Code of 1986 in any 
        fiscal year for which the provision is in effect; and
            (B) any Federal tax provision that provides temporary or 
        permanent transitional relief for 10 or fewer beneficiaries in 
        any fiscal year from a change to the Internal Revenue Code of 
        1986.
    (2) A provision shall not be treated as described in paragraph 
(1)(A) if the effect of that provision is that--
            (A) all persons in the same industry or engaged in the same 
        type of activity receive the same treatment;
            (B) all persons owning the same type of property, or 
        issuing the same type of investment, receive the same 
        treatment; or
            (C) any difference in the treatment of persons is based 
        solely on--
                    (i) in the case of businesses and associations, the 
                size or form of the business or association involved;
                    (ii) in the case of individuals, general 
                demographic conditions, such as income, marital status, 
                number of dependents, or tax-return-filing status;
                    (iii) the amount involved; or
                    (iv) a generally-available election under the 
                Internal Revenue Code of 1986.
    (3) A provision shall not be treated as described in paragraph 
(1)(B) if--
            (A) it provides for the retention of prior law with respect 
        to all binding contracts or other legally enforceable 
        obligations in existence on a date contemporaneous with 
        congressional action specifying such date; or
            (B) it is a technical correction to previously enacted 
        legislation that is estimated to have no revenue effect.
    (4) For the purpose of paragraph (1)--
            (A) 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;
            (B) all qualified plans of an employer shall be treated as 
        a single beneficiary;
            (C) all holders of the same bond issue shall be treated as 
        a single beneficiary; and
            (D) 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.
    (5) For the purpose of paragraph (1), the term ``revenue-losing 
provision'' means any provision that results in a reduction in Federal 
tax revenues for any one of the two following periods--
            (A) the first fiscal year for which the provision is 
        effective; or
            (B) the period of the 5 fiscal years beginning with the 
        first fiscal year for which the provision is effective.
    (6) 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.
    (c) For purposes of this section, ``tariff relief'' means any 
provision of law that has the effect of modifying the Harmonized Tariff 
Schedule of the United States in a manner that is not specifically 
provided for in any free trade agreement and is not within the scope of 
what is necessary to implement such an agreement.
    (d) For the purpose of this section--
            (1) government-sponsored enterprises, Federal facilities, 
        and Federal lands shall be considered Federal entities;
            (2) to the extent that the non-Federal entity is a State, 
        unit of local government, territory, an Indian tribe, a foreign 
        government or an intergovernmental international organization, 
        the provision or language shall not be considered an earmark 
        unless the provision or language also specifies the specific 
        purpose for which the designated budget authority is to be 
        expended;
            (3) the term ``budget authority'' shall have the same 
        meaning as such term is defined in section 3 of the 
        Congressional Budget Act of 1974 (2 U.S.C. 622); and
            (4) an obligation limitation shall be treated as though it 
        is budget authority.
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