“To prohibit the consideration in the House of Representatives of any legislation containing an earmark.”
No CRS summary available for this bill.
This section prohibits the House of Representatives from considering any bill, joint resolution, amendment, or conference report—including any accompanying report or joint explanatory statement—that includes a congressional earmark, limited tax benefit, or limited tariff benefit, with such provisions subject to a point of order. If a point of order is sustained, the offending provision is stricken from the measure; for conference reports or motions to recede and concur in Senate amendments (with or without amendment), special procedures apply, including rejection of the report or motion and precedence for specified alternative motions to continue negotiations. The section further requires the Chair, if unable to determine whether a provision qualifies, to submit the question non-debatably to a vote of the House and strikes clause 9 of Rule XXI.
This section defines three terms for purposes of the Act: (1) congressional earmark, as a provision or report language primarily requested by a Member of Congress, Delegate, Resident Commissioner, or Senator that provides, authorizes, or recommends 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) limited tax benefit, as (A) any revenue-losing provision that provides a federal tax deduction, credit, exclusion, or preference to 10 or fewer beneficiaries under the Internal Revenue Code of 1986 and contains eligibility criteria that are not uniform in application with respect to potential beneficiaries, or (B) any federal tax provision that provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986; and (3) limited tariff benefit, as a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities.