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, joint resolution, amendment, or conference report if the bill, joint resolution, amendment, or conference report, or any accompanying report or joint explanatory 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 involved. (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 disagreement shall be disposed of under subparagraph (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 accompanied 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 amendment consisting of so much of the conference report as was not rejected; and (ii) if the conference report accompanied 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 sustained one or more points of order under paragraph (1) with respect to a motion that the House recede and concur in a Senate amendment, with or without amendment, the following motions shall be privileged and shall have precedence in the order stated: (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 amendment. (b) Determination by house If a point of order is raised under this section and the Chair is unable to ascertain 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.