[Congressional Record Volume 167, Number 145 (Tuesday, August 10, 2021)]
[Senate]
[Pages S6307-S6308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3126. Ms. ERNST submitted an amendment intended to be proposed by 
her to the concurrent resolution S. Con. Res. 14, setting forth the 
congressional budget for the United States Government for fiscal year 
2022 and setting forth the appropriate budgetary levels for fiscal 
years 2023 through 2031; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title IV, add the following:

     SEC. 4__. PROHIBITION OF EARMARKS IN THE RECONCILIATION 
                   LEGISLATION.

       (a) Definition.--For the purpose of this section, the term 
     ``earmark''--
       (1) means a provision or report language--
       (A) included primarily at the request of a Senator or 
     Member of the House of Representatives that provides, 
     authorizes, or recommends 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;
       (B) that--
       (i) 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
       (ii) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; or
       (C) that modifies the Harmonized Tariff Schedule of the 
     United States in a manner that benefits ten or fewer 
     entities; and
       (2) does not include an authorization of appropriations to 
     a Federal entity if such authorization is not specifically 
     targeted to a State, locality, or congressional district.
       (b) Point of Order.--
       (1) In general.--In the Senate, it shall not be in order to 
     consider a provision in a reconciliation bill or resolution 
     reported pursuant to title II of this concurrent resolution, 
     or an amendment to, amendment between Houses in relation to, 
     motion on, or conference report on such a bill or resolution, 
     that constitutes an earmark.
       (2) Point of order sustained.--If a point of order is made 
     by a Senator against a provision described in paragraph (1), 
     and the point of order is sustained by the Chair, that 
     provision shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       (c) Form of the Point of Order.--A point of order under 
     subsection (b)(1) 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)).
       (d) 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 
     (b)(1), and such point

[[Page S6308]]

     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.
       (e) 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.
                                 ______