Earmark Elimination Act of 2021
Bill: S.501 | Sponsor: Sen. Daines, Steve (R-MT)
Policy area: Economics and Public Finance

Summary:
Earmark Elimination Act of 2021
This bill establishes a point of order in the Senate against considering legislation that includes an earmark.
An earmark is generally any congressionally directed spending, tax benefit, or tariff benefit that benefits a specific entity, state, locality, or congressional district other than through a statutory or administrative formula or competitive award process.
The point of order may be waived by an affirmative vote of two-thirds of the Senate. If the point of order is successfully raised and sustained, the earmark must be stricken from the legislation.

To prohibit earmarks.

    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. PROHIBITION ON EARMARKS.

    (a) Bills and Joint Resolutions, Amendments, Amendments Between the 
Houses, and Conference Reports.--
            (1) In general.--It shall not be in order in the Senate to 
        consider a bill, joint resolution, motion, amendment, amendment 
        between the Houses, or conference report that includes an 
        earmark.
            (2) Procedure.--
                    (A) In general.--Upon a point of order being made 
                by any Senator under paragraph (1) against an earmark, 
                and such point of order being sustained, such earmark 
                shall be stricken.
                    (B) Form of the point of order.--A point of order 
                under paragraph (1) may be raised by a Senator as 
                provided in section 313(e) of the Congressional Budget 
                Act of 1974 (2 U.S.C. 644(e)).
    (b) Conference Report and Amendment Between the Houses Procedure.--
When the Senate is considering a conference report, or an amendment 
between the Houses--
            (1) upon a point of order being made by any Senator under 
        subsection (a) with respect to one or more earmarks, and such 
        point of order being sustained, such earmarks shall be 
        stricken; and
            (2) after all points of order under subsection (a) have 
        been disposed of--
                    (A) the Senate shall proceed to consider the 
                question of whether the Senate shall recede from its 
                amendment and concur with a further amendment, or 
                concur in the House amendment with a further amendment, 
                as the case may be, which further amendment shall 
                consist of only that portion of the conference report 
                or House amendment, as the case may be, not so 
                stricken;
                    (B) any such motion in the Senate shall be 
                debatable under the same conditions as was the 
                conference report or amendment between the Houses; and
                    (C) in any case in which such point of order is 
                sustained against a conference report (or Senate 
                amendment derived from such conference report by 
                operation of this subsection), no further amendment 
                shall be in order.
    (c) Waiver; Appeal.--A point of order under subsection (a) may be 
waived only by an affirmative vote of two-thirds of the Members of the 
Senate, duly chosen and sworn. An affirmative vote of two-thirds of the 
Members of the Senate, duly chosen and sworn, shall be required to 
sustain an appeal of the ruling of the Chair on a point of order raised 
under subsection (a).
    (d) Definitions.--
            (1) Earmark.--For the purpose of this section, the term 
        ``earmark'' means a provision or report language--
                    (A) included primarily at the request of a Senator 
                or Member of the House of Representatives 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;
                    (B) that--
                            (i) provides a Federal tax deduction, 
                        credit, exclusion, or preference to a 
                        particular beneficiary or limited group of 
                        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
                    (C) that modifies the Harmonized Tariff Schedule of 
                the United States in a manner that benefits ten or 
                fewer entities.
            (2) Determination by the senate.--In the event the Chair is 
        unable to ascertain whether a provision with respect to which a 
        Senator raises a point of order under subsection (a) 
        constitutes an earmark, the question of whether the provision 
        constitutes an earmark shall be submitted to the Senate and be 
        decided without debate.
    (e) Application.--This section shall not apply to any authorization 
of appropriations to a Federal entity if such authorization is not 
specifically targeted to a State, locality, or congressional district.
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