I 
115TH CONGRESS 
2D SESSION 
H. R. 5369 
To prohibit the consideration in the House of Representatives of any 
legislation containing an earmark. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2018 
Mr. COOPER (for himself, Mr. NORMAN, Mr. BUDD, and Miss RICE of New 
York) 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Earmark Elimination 
Act of 2018’’. 
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, 
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joint resolution, amendment, or conference report if 
the bill, joint resolution, amendment, or conference 
report, or any accompanying report or joint explana-
tory 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 in-
volved. 
(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 dis-
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agreement shall be disposed of under subpara-
graph (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 accom-
panied 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 amend-
ment consisting of so much of the con-
ference report as was not rejected; and 
(ii) if the conference report accom-
panied 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 sus-
tained one or more points of order under para-
graph (1) with respect to a motion that the 
House recede and concur in a Senate amend-
ment, with or without amendment, the following 
motions shall be privileged and shall have prece-
dence in the order stated: 
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(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 amend-
ment. 
(b) DETERMINATION BY HOUSE.—If a point of order 
is raised under this section and the Chair is unable to as-
certain 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 Com-
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missioner, or Senator providing, authorizing or rec-
ommending a specific amount of discretionary budg-
et authority, credit authority, or other spending au-
thority 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 con-
gressional 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 Rev-
enue 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 pro-
vides 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 
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of the United States in a manner that benefits 10 
or fewer entities. 
Æ 
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