Earmark Elimination Act of 2026
- Bill Number
- H.R. 7041
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-01-13: Referred to the House Committee on Rules.
- Last Updated
- 2026-01-29T05:23:17Z
AI-Generated Summary
Purpose
The Earmark Elimination Act of 2026 aims to ban the inclusion of earmarks (targeted spending requests), limited tax benefits (special tax breaks for few beneficiaries), and limited tariff benefits (customs duty changes favoring few entities) in legislation considered by the U.S. House of Representatives. This is intended to promote fairness in federal spending and taxation by preventing special-interest provisions.
Key Provisions
- Prohibition on Consideration: No bill, joint resolution, amendment, or conference report can be debated or voted on in the House if it contains a congressional earmark, limited tax benefit, or limited tariff benefit. This applies to the legislation itself or any accompanying reports or statements.
- Enforcement Procedure: Any House member can raise a "point of order" (a formal objection) against such provisions. If the Chair (presiding officer) sustains the objection, the offending provision is automatically removed ("stricken") from the measure.
- Special Rules for Negotiations:
- For conference reports (compromises between House and Senate versions of a bill), if objections are sustained, the report is rejected, and the House must either accept the other chamber's version (with modifications) or request further talks.
- For motions to agree to Senate amendments, if objections are sustained, alternative motions become available, such as proposing a House amendment or insisting on disagreement.
- Decision-Making Process: If the Chair cannot determine if a provision qualifies as prohibited, the full House votes on it without debate.
- Rule Change: Amends House Rule XXI by removing clause 9, which previously allowed limited exceptions for earmarks under certain conditions.
- Definitions (explained in plain terms):
- Congressional Earmark: A specific funding directive (e.g., for a grant or loan) requested by a member of Congress for a particular entity, state, or district, bypassing standard competitive or formula-based processes.
- Limited Tax Benefit: A tax rule that gives deductions, credits, or exclusions to 10 or fewer people or groups, with non-uniform eligibility, or provides relief to just one beneficiary from tax code changes.
- Limited Tariff Benefit: A change to U.S. import duty schedules that advantages 10 or fewer entities.
Significant Changes to Existing Law
- This bill strengthens House rules by making earmarks, limited tax benefits, and limited tariff benefits completely out of order, with no exceptions. Previously, House Rule XXI clause 9 permitted earmarks in limited cases (e.g., after disclosure), but this act eliminates that clause entirely.
- It expands enforcement to cover not just spending but also targeted tax and trade provisions, closing loopholes in prior reforms like the 2011 earmark moratorium.
Potential Impacts
- On Government Agencies: Federal agencies may see fewer directed projects or funds, leading to more reliance on broad, formula-based allocations, which could streamline budgeting but reduce flexibility for local needs.
- On Citizens: Taxpayers could benefit from reduced "pork-barrel" spending (special projects for specific areas), potentially lowering overall federal costs and increasing transparency. However, it might limit funding for community-specific initiatives like infrastructure in underserved districts.
- On International Relations: Minimal direct impact, though changes to limited tariff benefits could affect trade negotiations by preventing small-scale duty adjustments that favor specific foreign or domestic entities.
Main Stakeholders Affected
- Members of Congress (especially House Representatives): Directly limits their ability to secure targeted funding or tax relief for constituents, potentially affecting reelection efforts tied to local projects.
- Taxpayers and the General Public: Benefit from curbed special-interest spending but may face delays in addressing localized needs.
- Specific Entities and Local Governments: Businesses, nonprofits, or localities that previously received earmarks or benefits lose access to such funding, shifting reliance to competitive grants.
- Senate and Broader Legislative Process: Indirectly affected, as House bans could complicate bill negotiations and force Senate adjustments.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces House internal rules under Article I of the Constitution, which grants each chamber authority over its procedures. Points of order provide a judicial-like mechanism for enforcement without court involvement.
- Constitutional: Aligns with the Origination Clause (revenue bills start in the House) by curbing targeted tax benefits, promoting uniform taxation as implied in equal protection principles.
- Political: Could reduce corruption risks from special-interest lobbying but may spark partisan divides, as it disadvantages members who rely on earmarks for voter support. Enactment would signal a return to stricter fiscal discipline, potentially influencing future budget debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Clyde, Andrew S. [R-GA-9]
Recent Actions
- 2026-01-13: Referred to the House Committee on Rules.
- 2026-01-13: Introduced in House
- 2026-01-13: Introduced in House
Bill Versions
- Earmark Elimination Act of 2026 — issued 2026-01-13 — PDF (6 pages)