[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2990 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2990

   To establish an earmark moratorium for fiscal years 2010 and 2011.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2010

   Mr. DeMint (for himself, Mr. Graham, Mr. Coburn, Mr. McCain, Mr. 
LeMieux, Mr. Burr, Mr. Crapo, Mr. Risch, Mr. Chambliss, Mr. Cornyn, Mr. 
  Ensign, Mr. Johanns, Mrs. McCaskill, Mr. Kyl, Mr. Grassley, and Mr. 
   Sessions) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
   To establish an earmark moratorium for fiscal years 2010 and 2011.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FISCAL YEARS 2010 AND 2011 EARMARK MORATORIUM.

    (a) Bills and Joint Resolutions.--
            (1) Point of order.--It shall not be in order to--
                    (A) consider a bill or joint resolution reported by 
                any committee that includes an earmark, limited tax 
                benefit, or limited tariff benefit; or
                    (B) a Senate bill or joint resolution not reported 
                by committee that includes an earmark, limited tax 
                benefit, or limited tariff benefit.
            (2) Return to the calendar.--If a point of order is 
        sustained under this subsection, the bill or joint resolution 
        shall be returned to the calendar until compliance with this 
        subsection has been achieved.
    (b) Conference Report.--
            (1) Point of order.--It shall not be in order to vote on 
        the adoption of a report of a committee of conference if the 
        report includes an earmark, limited tax benefit, or limited 
        tariff benefit.
            (2) Return to the calendar.--If a point of order is 
        sustained under this subsection, the conference report shall be 
        returned to the calendar.
    (c) Floor Amendment.--It shall not be in order to consider an 
amendment to a bill or joint resolution if the amendment contains an 
earmark, limited tax benefit, or limited tariff benefit.
    (d) Amendment Between the Houses.--
            (1) In general.--It shall not be in order to consider an 
        amendment between the Houses if that amendment includes an 
        earmark, limited tax benefit, or limited tariff benefit.
            (2) Return to the calendar.--If a point of order is 
        sustained under this subsection, the amendment between the 
        Houses shall be returned to the calendar until compliance with 
        this subsection has been achieved.
    (e) Waiver.--Any Senator may move to waive any or all points of 
order under this section by an affirmative vote of two-thirds of the 
Members, duly chosen and sworn.
    (f) Definitions.--For the purpose of this section--
            (1) the term ``earmark'' means a provision or report 
        language included primarily at the request of a Senator or 
        Member of the House of Representatives 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;
            (2) the term ``limited tax benefit'' means any revenue 
        provision that--
                    (A) 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
                    (B) contains eligibility criteria that are not 
                uniform in application with respect to potential 
                beneficiaries of such provision; and
            (3) 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.
    (g) Fiscal Years 2010 and 2011.--The point of order under this 
section shall only apply to legislation providing or authorizing 
discretionary budget authority, credit authority or other spending 
authority, providing a federal tax deduction, credit, or exclusion, or 
modifying the Harmonized Tariff Schedule in fiscal years 2010 and 2011.
    (h) Application.--This rule 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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