[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 23 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. RES. 23

                   To prohibit unauthorized earmarks.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

    Mr. Inhofe (for himself and Mr. McCain) submitted the following 
     resolution; which was referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                               RESOLUTION


 
                   To prohibit unauthorized earmarks.

    Resolved,

SECTION 1. PROHIBITION ON UNAUTHORIZED EARMARKS.

    (a) In General.--It shall not be in order to consider a bill, joint 
resolution, conference report, or amendment that provides an earmark.
    (b) Supermajority.--
            (1) Waiver.--The provisions of subsection (a) may be waived 
        or suspended in the Senate only by the affirmative vote of 
        three-fourths of the Members, duly chosen and sworn.
            (2) Appeal.--Appeals in the Senate from the decisions of 
        the Chair relating to any provision of this section shall be 
        limited to 1 hour, to be equally divided between, and 
        controlled by, the appellant and the manager of the measure. An 
        affirmative vote of three-fourths of the Members of the Senate, 
        duly chosen and sworn, shall be required to sustain an appeal 
        of the ruling of the Chair on a point of order raised under 
        this section.
    (c) Earmark Defined.--In this resolution, 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 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 unless the provision or language--
            (1) is specifically authorized by an appropriate 
        congressional authorizing committee of jurisdiction;
            (2) meets funding eligibility criteria established by an 
        appropriate congressional authorizing committee of jurisdiction 
        by statute; or
            (3) is awarded through a statutory or administrative 
        formula-driven or competitive award process.
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