Clause 9 of Rule XXI

Rule XXI of the House of Representatives

[Earmarks]

§1068d. Congressional earmarks.

9. (a) It shall not be in order to consider—

(1) a bill or joint resolution reported by a committee unless the report includes a list of congressional earmarks, limited tax benefits, and limited tariff benefits in the bill or in the report (and the name of any Member, Delegate, or Resident Commissioner who submitted a request to the committee for each respective item included in such list) or a statement that the proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits;

(2) a bill or joint resolution not reported by a committee unless the chair of each committee of initial referral has caused a list of congressional earmarks, limited tax benefits, and limited tariff benefits in the bill (and the name of any Member, Delegate, or Resident Commissioner who submitted a request to the committee for each respective item included in such list) or a statement that the proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits to be printed in the Congressional Record prior to its consideration;

(3) an amendment to a bill or joint resolution to be offered at the outset of its consideration for amendment by a member of a committee of initial referral as designated in a report of the Committee on Rules to accompany a resolution prescribing a special order of business unless the proponent has caused a list of congressional earmarks, limited tax benefits, and limited tariff benefits in the amendment (and the name of any Member, Delegate, or Resident Commissioner who submitted a request to the proponent for each respective item included in such list) or a statement that the proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits to be printed in the Congressional Record prior to its consideration; or

(4) a conference report to accompany a bill or joint resolution 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 congressional earmarks, limited tax benefits, and limited tariff benefits in the conference report or joint statement (and the name of any Member, Delegate, Resident Commissioner, or Senator who submitted a request to the House or Senate committees of jurisdiction for each respective item included in such list) or a statement that the proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits.

(b) It shall not be in order to consider a conference report to accompany a regular general appropriation 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—

(1) a list of congressional earmarks, limited tax benefits, and limited tariff benefits in the conference report or joint statement (and the name of any Member, Delegate, Resident Commissioner, or Senator who submitted a request to the House or Senate committees of jurisdiction for each respective item included in such list) that were neither committed to the conference committee by either House nor in a report of a committee of either House on such bill or on a companion measure; or

(2) a statement that the proposition contains no such congressional earmarks, limited tax benefits, or limited tariff benefits.

(c) It shall not be in order to consider a rule or order that waives the application of paragraph (a) or (b). As disposition of a point of order under this paragraph or paragraph (b), the Chair shall put the question of consideration with respect to the rule or order or conference report, as applicable. The question of consideration shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent, but shall otherwise be decided without intervening motion except one that the House adjourn.

(d) In order to be cognizable by the Chair, a point of order raised under paragraph (a) may be based only on the failure of a report, submission to the Congressional Record, or joint explanatory statement to include a list required by paragraph (a) or a statement that the proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits.

(e) For the purpose of this clause, 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.

(f) For the purpose of this clause, the term “limited tax benefit” means—

(1) any revenue-losing provision that—

(A) provides a Federal tax deduction, credit, exclusion, or preference to 10 or fewer beneficiaries under the Internal Revenue Code of 1986, and

(B) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or

(2) any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986.

(g) For the purpose of this clause, 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.

HOUSE RULES AND MANUAL NOTES

This clause was added in the 110th Congress (sec. 404, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)), a similar point of order having operated during part of the 109th Congress (H. Res. 1000, Sept. 14, 2006, p. 18316). Paragraph (b) was added in the 111th Congress (and subsequent paragraphs redesignated) (sec. 2(i), H. Res. 5, Jan. 6, 2009, p. 7), a similar point of order having operated during part of the 110th Congress (H. Res. 491, June 18, 2007, p. 16163). A clarifying change to paragraph (b)(2) was made during the 111th Congress (sec. 2, H. Res. 544, June 16, 2009, p. 15281). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).

A point of order under this clause does not lie against an unreported measure where the chair of the committee of initial referral has printed in the Record a statement that the measure contains no congressional earmarks, limited tax benefits, or limited tariff benefits (Jan. 31, 2007, pp. 2737, 2738 (sustained by tabling of appeal)), or against a reported measure where the committee report contains such a statement (May 10, 2007, pp. 12190, 12191; May 23, 2007, p. 13686). Paragraph (d) requires that a point of order under this clause be predicated only on the absence of a complying statement, and does not contemplate a question of order relating to the content of such statement (May 10, 2007, p. 12191). A point of order under this clause is untimely after consideration has begun (Mar. 23, 2007, pp. 7420, 7423). Because paragraph (a) does not apply to a Senate amendment or an amendment considered as adopted pursuant to a special order of business, a rule waiving all points of order against a motion to dispose of a Senate amendment (Sept. 25, 2007, p. 25434 (sustained by tabling of appeal)) or a rule effecting a “self-executing” amendment (Sept. 27, 2007, p. 25723) has no tendency to waive the applicability of paragraph (a) within the meaning of paragraph (c). After a point of order under paragraph (a)(1) is sustained against consideration of a bill, a committee may file a supplemental report pursuant to clause 3(a)(2) of rule XIII to correct a technical error in the depiction of a bill number in the portion of a committee report regarding disclosure under this clause (July 30, 2010, p. 14834).

Debate on the point of order is on the question of considering the measure that is the subject of the point of order (May 14, 2008, p. 9053). A point of order under both this clause and section 426 of the Congressional Budget Act, respectively, may be raised against a special order of business (May 14, 2008, pp. 9050, 9052; Jan. 28, 2014, p. __; May 21, 2014, p. __). A manager of a measure who controls time for debate against the point of order that is to be resolved by a question of consideration is entitled to close debate (Mar. 21, 2010, p. 4105).