IV 
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 REP-
RESENTATIVES. 
(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 sub-
section. 
(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 com-
mittee for earmarks included in such list). 
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(3) The sponsor of an amendment shall submit for 
publication in the Congressional Record a list of any ear-
marks 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 re-
port or not published as specified in this subsection, and 
not in a report of a committee of the Senate on a com-
panion 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 resolu-
tion making in order a bill for initial House consideration 
and the resolution provides for the consideration, adop-
tion, or passage of text not otherwise subject to the provi-
sions of subsection (a), the Committee on Rules shall in-
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clude 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 sub-
section (a), the Chair shall put the question of consider-
ation with respect to the proposition that is the subject 
of the point of order. 
(3) As disposition of a point of order under sub-
section (b)(1), the Chair shall put the question of consider-
ation as follows: ‘‘Shall the House now consider the resolu-
tion 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 sub-
section shall be debatable for 15 minutes by the Member 
initiating the point of order and for 15 minutes by an op-
ponent, 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 ‘‘ear-
mark’’ means a provision in a bill, amendment, or con-
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ference 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 guar-
antee, 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 administra-
tive formula-driven or competitive bidding proc-
ess 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 au-
thority, including budget authority, or recom-
mending 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 
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(B) if the authorization for, or provision 
of, budget authority, contract authority, loan 
authority or other expenditure is allocated out-
side 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 statu-
tory or administrative State allocation author-
ity; 
(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 pref-
erence to 100 or fewer beneficiaries under the Inter-
nal 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 
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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 treat-
ment; 
(B) all persons owning the same type of prop-
erty, 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 associa-
tions, the size or form of the business or asso-
ciation involved; 
(ii) in the case of individuals, general de-
mographic conditions, such as income, marital 
status, number of dependents, or tax-return-fil-
ing 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— 
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(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 con-
temporaneous with congressional action specifying 
such date; or 
(B) it is a technical correction to previously en-
acted 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 corpora-
tions (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. 
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(5) For the purpose of paragraph (1), the term ‘‘rev-
enue-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 Inter-
nal Revenue Code of 1986, unless otherwise expressly pro-
vided. 
(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 Fed-
eral entities; 
(2) to the extent that the non-Federal entity is 
a State, unit of local government, territory, an In-
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dian tribe, a foreign government or an intergovern-
mental 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. 
Æ 
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