II 111th CONGRESS 2d Session S. 2990 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.

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.