Earmark Elimination Act of 2021
This bill establishes a point of order in the House of Representatives against considering legislation that contains a congressional earmark, limited tax benefit, or limited tariff benefit. If the point of order is raised and sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the legislation.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1086 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1086
To prohibit the consideration in the House of Representatives of any
legislation containing an earmark.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2021
Mr. Norman (for himself and Mr. Budd) introduced the following bill;
which was referred to the Committee on Rules
_______________________________________________________________________
A BILL
To prohibit the consideration in the House of Representatives of any
legislation containing an earmark.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earmark Elimination Act of 2021''.
SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS.
(a) Prohibition.--
(1) In general.--It shall not be in order in the House of
Representatives to consider any bill, joint resolution,
amendment, or conference report if the bill, joint resolution,
amendment, or conference report, or any accompanying report or
joint explanatory statement of managers, includes a
congressional earmark, limited tax benefit, or limited tariff
benefit.
(2) Procedure.--If a point of order is raised under
paragraph (1) with respect to a congressional earmark, limited
tax benefit, or limited tariff benefit and the point of order
is sustained, the congressional earmark, limited tax benefit,
or limited tariff benefit shall be deemed to be stricken from
the measure involved.
(3) Special procedure for conference report and amendments
between the houses.--
(A) In general.--If a point of order is raised and
sustained under paragraph (1) with respect to a
conference report or a motion that the House recede
from its disagreement to a Senate amendment and concur
therein, with or without amendment, then after
disposition of all such points of order the conference
report or motion, as the case may be, shall be
considered as rejected and the matter remaining in
disagreement shall be disposed of under subparagraph
(B) or (C), as the case may be.
(B) Conference reports.--After the House has
sustained one or more points of order under paragraph
(1) with respect to a conference report--
(i) if the conference report accompanied a
House measure amended by the Senate, the
pending question shall be whether the House
shall recede and concur in the Senate amendment
with an amendment consisting of so much of the
conference report as was not rejected; and
(ii) if the conference report accompanied a
Senate measure amended by the House, the
pending question shall be whether the House
shall insist further on the House amendment.
(C) Motions.--After the House has sustained one or
more points of order under paragraph (1) with respect
to a motion that the House recede and concur in a
Senate amendment, with or without amendment, the
following motions shall be privileged and shall have
precedence in the order stated:
(i) A motion that the House recede and
concur in the Senate amendment with an
amendment in writing then available on the
floor.
(ii) A motion that the House insist on its
disagreement to the Senate amendment and
request a further conference with the Senate.
(iii) A motion that the House insist on its
disagreement to the Senate amendment.
(b) Determination by House.--If a point of order is raised under
this section and the Chair is unable to ascertain whether a provision
constitutes a congressional earmark, limited tax benefit, or limited
tariff benefit, the Chair shall put the question to the House and the
question shall be decided without debate or intervening motion.
(c) Conforming Amendment.--Rule XXI of the Rules of the House of
Representatives is amended by striking clause 9.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``congressional earmark'' means a provision or
report language included primarily at the request of a Member,
Delegate, Resident Commissioner, or Senator providing,
authorizing or recommending a specific amount of discretionary
budget authority, credit authority, or other spending authority
for a contract, loan, loan guarantee, grant, loan authority, or
other expenditure with or to an entity, or targeted to a
specific State, locality or congressional district, other than
through a statutory or administrative formula-driven or
competitive award process;
(2) the term ``limited tax benefit'' means--
(A) any revenue-losing provision that--
(i) provides a Federal tax deduction,
credit, exclusion, or preference to 10 or fewer
beneficiaries under the Internal Revenue Code
of 1986; and
(ii) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision; or
(B) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986; and
(3) the term ``limited tariff benefit'' means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Rules.
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