[Congressional Record Volume 163, Number 5 (Monday, January 9, 2017)]
[Senate]
[Page S160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 47. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the concurrent resolution S. Con. Res. 3, setting forth the 
congressional budget for the United States Government for fiscal year 
2017 and setting forth the appropriate budgetary levels for fiscal 
years 2018 through 2026; which was ordered to lie on the table; as 
follows:

       At the end of title IV, add the following:

     SEC. 4__. POINT OF ORDER AGAINST EARMARKS.

       (a) In General.--When the Senate is considering a bill, 
     joint resolution, motion, amendment, amendment between the 
     Houses, or conference report, if a point of order is made by 
     a Senator against an earmark, and the point of order is 
     sustained by the Chair, that earmark shall be stricken from 
     the measure and may not be offered as an amendment from the 
     floor.
       (b) Form of the Point of Order.--A point of order under 
     subsection (a) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974 (2 
     U.S.C. 644(e)).
       (c) Conference Reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subsection (a), 
     and such point of order being sustained, such material 
     contained in such conference report or House amendment shall 
     be stricken, and the Senate shall proceed to consider the 
     question of whether the Senate shall recede from its 
     amendment and concur with a further amendment, or concur in 
     the House amendment with a further amendment, as the case may 
     be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       (d) Supermajority Waiver and Appeal.--In the Senate, this 
     section may be waived or suspended only by an affirmative 
     vote of three-fifths of the Members, duly chose and sworn. An 
     affirmative vote of three-fifths of 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.
       (e) Definition.--In this section, the term ``earmark'' 
     means--
       (1) a congressionally directed spending item, as defined in 
     rule XLIV of the Standing Rules of the Senate; and
       (2) a congressional earmark, as defined in rule XXI of the 
     Rules of the House of Representatives.
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