III 112th CONGRESS 1st Session S. RES. 23 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.

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.