[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Page S245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        SENATE RESOLUTION 23--TO PROHIBIT UNAUTHORIZED EARMARKS

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

                               S. Res. 23

       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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