H.Res. 1000House109th Congress (2005-2007)Passed Congress

Providing for earmarking reform in the House of Representatives.

Introduced September 13, 2006

Legislative Activity

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8 earlier actions
HouseFloor Latest Action

Pursuant to the provisions of H. Res. 1003, H. Res. 1000 is considered passed House as amended. (consideration: CR H6615-6616; text as passed House: CR H6615-6616)

September 14, 2006 • 5:34 PM

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HouseIntro Referral

Introduced in House

September 13, 2006

HouseIntro Referral

Referred to the House Committee on Rules.

September 13, 2006

HouseCommittee

Mr. Sessions asked unanimous consent that the Committee on Rules have until 2:00 a.m. on Sept. 14 to file a report on H. Res. 1000. Agreed to without objection.

September 13, 2006

HouseFloor

Rules Committee Resolution H. Res. 1003 Reported to House. Rule provides for consideration of H. Res. 1000. Upon the adoption of H. Res. 1003, H. Res. 1000, amended by the amendment in the nature of a substitute recommended by the Committee on Rules now printed in the resolution, will hereby be adopted.

September 13, 2006 • 10:17 PM

HouseCommittee

Reported (Amended) by the Committee on Rules. H. Rept. 109-655.

September 13, 2006

HouseCalendars

Placed on the House Calendar, Calendar No. 229.

September 13, 2006

HouseFloor

Rule H. Res. 1003 passed House.

September 14, 2006 • 5:34 PM

HouseFloor

Passed/agreed to in House: Pursuant to the provisions of H. Res. 1003, H. Res. 1000 is considered passed House as amended.(consideration: CR H6615-6616; text as passed House: CR H6615-6616)

September 14, 2006 • 5:34 PM

HouseFloor

Pursuant to the provisions of H. Res. 1003, H. Res. 1000 is considered passed House as amended. (consideration: CR H6615-6616; text as passed House: CR H6615-6616)

September 14, 2006 • 5:34 PM

Floor Debate

23 members

What members said about H.Res. 1000 on the floor

10 Republicans13 Democrats
William M. Thomas
Rep. William M. ThomasR-CA-22 · Dec 8, 2006

Mr. Speaker, pursuant to House Resolution 1099, I call up from the Speaker's table the bill (H.R. 6111) to amend the Internal Revenue Code of 1986 to provide that the Tax Court may review claims for…

David Dreier
Rep. David DreierR-CA-26 · Sep 14, 2006

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1003 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 8, 2006

Mr. Speaker, I rise in support of H.R. 6111, the Tax Relief and Health Care Act of 2006. I do so for three reasons. First, the bill extends and modifies certain key tax relief provisions through…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Sep 14, 2006

Mr. Speaker, I yield myself such time as I might consume. Mr. Speaker, it is no secret why fewer than 30 percent of Americans approve of the job that Congress is doing. It is not hard to figure out…

Earl Pomeroy
Rep. Earl PomeroyD-ND · Dec 8, 2006

Mr. Speaker, I thank the gentleman for yielding and would amplify just for a moment on his point. You can't get your amendment set until you know what the underlying bill is. And with all the moving…

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Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Dec 8, 2006

Mr. Speaker, I ask unanimous consent to yield 15 minutes to the gentleman from Massachusetts (Mr. Markey), who is in opposition to the bill before us. Mr. Speaker, I yield myself such time as I may…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Dec 8, 2006

Mr. Speaker, I yield myself 3 minutes. Mr. Speaker, this bill contains a provision which really is unrelated completely to the tax extenders. There are indeed tax credits and other things, very good;…

Lois Capps
Rep. Lois CappsD-CA-23 · Dec 8, 2006

Mr. Speaker, I rise in reluctant opposition to this package of bills the Republican leadership has brought to the floor. Included are many provisions that are worthy of support of this House. The…

David Dreier
Rep. David DreierR-CA-26 · Sep 19, 2006

Mr. Speaker, today we are considering H. Res. 1003, a rule providing that, upon its adoption, H. Res. 1000, providing for earmarking reform in the House of Representatives is hereby adopted. Mr.…

David R. Obey
Rep. David R. ObeyD-WI-7 · Sep 14, 2006

Mr. Speaker, I thank the gentlewoman. Mr. Speaker, this bill represents the death of lobby reform. Over the last year, as we all know, this House has received a black eye because of the DeLay…

Joe Barton
Rep. Joe BartonR-TX-6 · Dec 8, 2006

Mr. Speaker, I thank the distinguished chairman of the Ways and Means Committee, and I thank my distinguished friends on the other side of the aisle for their strong leadership on these issues in…

Chris Van Hollen
Rep. Chris Van HollenD-MD-8 · Sep 14, 2006

Mr. Speaker, despite the huge scandals that have worked this town, this Congress has failed to pass a lobbying reform bill, we failed to pass an ethics reform bill, we failed to deal with the gift…

Joseph R. Pitts
Rep. Joseph R. PittsR-PA-16 · Dec 8, 2006

Mr. Speaker, I rise today in support of H.R. 6111, which extends many essential Medicare programs that sustain our seniors every day and keeps them healthy. I applaud provisions in this bill that…

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Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · Dec 8, 2006

Mr. Speaker, I rise in support of this legislation and would like to speak briefly on one of its most meaningful components. When the topic of school choice is debated in Washington and elsewhere, we…

John D. Dingell
Rep. John D. DingellD-MI-15 · Dec 8, 2006

Mr. Speaker, I rise today in support of S. 3711, the Gulf of Mexico Energy Security Act of 2006. I believe this legislation offers a balanced approach to increasing our energy independence, while…

Tom Udall
Rep. Tom UdallD-NM-3 · Dec 8, 2006

Mr. Speaker, I rise today to once again express my strong opposition to the way the current Majority conducts business here in the House of Representatives. True to their tenure in charge of this…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Dec 8, 2006

Mr. Speaker, I rise to support H.R. 6111 because it is critical that we address the unsustainable cut scheduled for reimbursement to physicians under Medicare. Due to the inequities of the Federal…

Maurice D. Hinchey
Rep. Maurice D. HincheyD-NY-22 · Dec 8, 2006

Mr. Speaker, I want to thank my friend and colleague from Massachusetts for his initiative on this legislation, because what he is doing is making available to this House the opportunity to correct a…

Stephanie Tubbs Jones
Rep. Stephanie Tubbs JonesD-OH-11 · Dec 8, 2006

Mr. Speaker, I rise in support of this tax legislation. H.R. 6111 includes many important provisions for the benefit of the American economy. Although I would have preferred a longer extension, this…

Melissa A. Hart
Rep. Melissa A. HartR-PA-4 · Dec 8, 2006

Mr. Speaker, I thank the chairman not only for yielding but especially for his 6 years of incredible service as chairman and his other years of service on the Ways and Means Committee. I have not in…

Jerry Weller
Rep. Jerry WellerR-IL-11 · Dec 8, 2006

Mr. Speaker, I thank the chairman for his leadership in the last 6 years in the House Ways and Means Committee. It has been a privilege to serve with you and under your leadership. I rise in support…

John A. Boehner
Rep. John A. BoehnerR-OH-8 · Sep 14, 2006

Mr. Speaker, let me thank my colleague from California (Mr. Dreier), the chairman of the Rules Committee, for yielding, and thank him and the Speaker for their tremendous work on this rule change.…

Don Young
Rep. Don YoungR-AK · Sep 29, 2006

Mr. Speaker, I insert in the Record a letter from me to Speaker Hastert regarding H.R. 5689, making technical corrections to SAFETEA-LU House of Representatives, Committee on Transportation and…

Shelley Sekula Gibbs
Rep. Shelley Sekula GibbsR-TX-22 · Dec 8, 2006

Mr. Speaker, I rise in support of this bill, H.R. 6111--Tax Relief and Health Care Act of 2006. This bill will open 8.3 million acres in the Gulf of Mexico to new oil and natural gas production. This…

Bill Text

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Engrossed in HouseIssued September 14, 2006

H. RES. 1000

In the House of Representatives, U. S.,

September 14, 2006

RESOLUTION

1.

Earmarking reform in the House of Representatives

(a)

In the House of Representatives, it shall not be in order to consider—

(1)

a bill reported by a committee unless the report includes 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); or

(2)

a conference report to accompany a bill unless the joint explanatory statement prepared by the managers on the part of the House and the managers on the part of the Senate includes 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 specified in paragraph (1), and not in a report of a committee of the Senate on a companion measure.

(3)

In order to be cognizable by the Chair, a point of order raised under paragraph (1) may be based only on the failure of a report of a committee to include a list required by paragraph (1).

(b)

In the House of Representatives, it shall not be in order to consider—

(1)

a bill carrying a tax measure reported by the Committee on Ways and Means as to which the Joint Committee on Taxation has—

(A)

identified a tax earmark pursuant to subsection (e), unless the report on the bill includes a list of tax earmarks in the bill or report (and the names of Members who submitted requests to the committee for tax earmarks included in such list); or

(B)

failed to provide an analysis under subsection (e); or

(2)

a conference report to accompany a bill carrying a tax measure as to which the Joint Committee on Taxation has—

(A)

identified a tax earmark pursuant to subsection (e), unless the joint explanatory statement prepared by the managers on the part of the House and the managers on the part of the Senate includes a list of tax earmarks in the conference report or joint statement (and the names of Members who submitted requests to the committee for tax earmarks included in such list) that were not committed to the conference committee by either House, not in a report specified in paragraph (1), and not in a report of a committee of the Senate on a companion measure; or

(B)

failed to provide an analysis under subsection (e).

(3)

A point of order under paragraph (1) or (2) may not be cognizable by the Chair if the Joint Committee on Taxation has provided an analysis under subsection (e) and has not identified a tax earmark.

(c)
(1)

In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of subsection (a)(2) or (b)(2).

(2)

A point of order that a rule or order waives the application of subsection (b)(2)(A) may not be cognizable by the Chair if the Joint Committee on Taxation has provided an analysis under subsection (e) and has not identified a tax earmark.

(3)

In order to be cognizable by the Chair, a point of order that a rule or order waives the application of subsection (b)(2)(A) must specify the precise language of the rule or order and any pertinent analysis by the Joint Committee on Taxation contained in the joint statement of managers.

(d)
(1)

As disposition of a point of order under subsection (a) or (b), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order.

(2)

As disposition of a point of order under subsection (c) with respect to a rule or order relating to a conference report, 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?.

(3)

The question of consideration under this subsection (other than one disposing of a point of order under subsection (b)) 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.

(e)

The Joint Committee on Taxation shall review any bill containing a tax measure that is being reported by the Committee on Ways and Means or prepared for filing by a committee of conference of the two Houses, and shall identify whether such bill contains any tax earmarks. The Joint Committee on Taxation shall provide to the Committee on Ways and Means or the committee of conference a statement identifying any such tax earmarks or declaring that the bill or joint resolution does not contain any tax earmarks, and such statement shall be included in the report on the bill or joint statement of managers, as applicable. Any such statement shall also be made available to any Member of Congress by the Joint Committee on Taxation immediately upon request.

2.

Definitions

(a)

For the purpose of this resolution, the term earmark means a provision in a bill or conference report, or language in an accompanying committee report or joint statement of managers—

(1)

with respect to a general appropriation bill, or conference report thereon, providing or recommending an 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; or

(2)

with respect to a measure other than that specified in paragraph (1), 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;

(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.

(b)
(1)

For the purpose of this resolution, the term tax earmark means any revenue-losing provision that provides a Federal tax deduction, credit, exclusion, or preference to only one beneficiary (determined with respect to either present law or any provision of which the provision is a part) under the Internal Revenue Code of 1986 in any year for which the provision is in effect;

(2)

for purposes 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 shareholders, partners, members, or beneficiaries of a corporation, partnership, association, or trust or estate, respectively, shall be treated as a single beneficiary;

(C)

all employees of an employer shall be treated as a single beneficiary;

(D)

all qualified plans of an employer shall be treated as a single beneficiary;

(E)

all beneficiaries of a qualified plan shall be treated as a single beneficiary;

(F)

all contributors to a charitable organization shall be treated as a single beneficiary;

(G)

all holders of the same bond issue shall be treated as a single beneficiary; and

(H)

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;

(3)

for the purpose of this subsection, the term revenue-losing provision means any provision that is estimated to result in a reduction in Federal tax revenues (determined with respect to either present law or any provision of which the provision is a part) 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; and

(4)

the terms used in this subsection shall have the same meaning as those terms have generally in the Internal Revenue Code of 1986, unless otherwise expressly provided.

(c)

For the purpose of this resolution—

(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.

Clerk.