PolicyBrief
H.R. 7041
119th CongressJan 13th 2026
Earmark Elimination Act of 2026
IN COMMITTEE

This bill prohibits the House of Representatives from considering any legislation that contains a congressional earmark, limited tax benefit, or limited tariff benefit.

Ralph Norman
R

Ralph Norman

Representative

SC-5

LEGISLATION

House Bill Aims to Scrap Earmarks, Limited Tax Breaks by 2026

Alright, let's talk about something that hits close to home for anyone who's ever wondered why a specific project in a specific town got a sudden cash injection from Washington. We're looking at the Earmark Elimination Act of 2026, and its name pretty much tells you the whole story: it’s designed to yank congressional earmarks, along with limited tax and tariff benefits, right out of the legislative process in the House of Representatives. Essentially, if this bill passes, the House won't even be allowed to consider any piece of legislation—be it a bill, resolution, or amendment—that contains these targeted provisions.

No More Special Favors

So, what exactly does that mean for you and me? Think of it this way: a "congressional earmark" is basically when a specific Member of Congress, say, your Representative, requests a chunk of federal money for a very particular project, entity, or even a specific town in their district. The key here is that this money isn't allocated through a standard formula or a competitive application process; it's a direct ask. The bill defines these earmarks as provisions primarily requested by a specific Member, providing discretionary spending for a contract, loan, grant, or other expenditure directed to a specific entity, state, locality, or district, bypassing competitive processes or formulas. This bill aims to shut that down, meaning fewer instances where a specific company or local project gets a leg up just because their representative asked nicely.

Tax Breaks and Tariffs Under the Microscope

It's not just about direct spending, though. This bill also targets "limited tax benefits" and "limited tariff benefits." A limited tax benefit is essentially a tax break that reduces federal revenue for a very small group—think 10 or fewer beneficiaries—or provides temporary relief from tax code changes to a single entity. So, if a new tax law is passed, and suddenly there's a special carve-out that only benefits one specific company, this bill would try to prevent that. Similarly, a "limited tariff benefit" is any change to the Harmonized Tariff Schedule that benefits 10 or fewer entities. This means fewer situations where a handful of businesses get a special deal on import duties, potentially affecting the playing field for everyone else. The goal here is to make sure tax and tariff policies are applied broadly, rather than being tailored for a select few, as outlined in Sections 3(1) and 3(2) of the bill.

How It Plays Out in Practice

Let's say a bill comes up for a vote in the House, and it's got an earmark tucked away in it. Under this new rule, any House member can raise a "point of order" against that provision. If that point of order is upheld, that specific earmark gets stripped out. If a conference report (which is the final version of a bill agreed upon by both the House and Senate) or a motion to agree with a Senate amendment is found to contain one of these prohibited items, the entire report or motion gets rejected. This means the House and Senate would have to go back to the drawing board to sort out their differences without the problematic provisions. If there's a debate about whether something is an earmark, the House gets to vote on it immediately without a long discussion, ensuring decisions are made quickly and directly. Ultimately, this bill is about making the legislative process more transparent and reducing the ways special interests can get specific, targeted benefits through the backdoor, as detailed in Section 2 of the bill, which amends Rule XXI of the Rules of the House of Representatives.