To establish an earmark moratorium for fiscal years 2010 and 2011.

SA 3454. Mr. DeMINT (for himself, Mr. McCain, Mr. Coburn, Mr.
Grassley, and Mr. Feingold) submitted an amendment intended to be
proposed by him to the bill H.R. 1586, to impose an additional tax on
bonuses received from certain TARP recipients; which was ordered to lie
on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. FISCAL YEARS 2010 AND 2011 EARMARK MORATORIUM.

(a) Bills and Joint Resolutions.--
(1) Point of order.--It shall not be in order to--
(A) consider a bill or joint resolution reported by any
committee that includes an earmark, limited tax benefit, or
limited tariff benefit; or
(B) a Senate bill or joint resolution not reported by
committee that includes an earmark, limited tax benefit, or
limited tariff benefit.
(2) Return to the calendar.--If a point of order is
sustained under this subsection, the bill or joint resolution
shall be returned to the calendar until compliance with this
subsection has been achieved.
(b) Conference Report.--
(1) Point of order.--It shall not be in order to vote on
the adoption of a report of a committee of conference if the
report includes an earmark, limited tax benefit, or limited
tariff benefit.
(2) Return to the calendar.--If a point of order is
sustained under this subsection, the conference report shall
be returned to the calendar.
(c) Floor Amendment.--It shall not be in order to consider
an amendment to a bill or joint resolution if the amendment
contains an earmark, limited tax benefit, or limited tariff
benefit.
(d) Amendment Between the Houses.--
(1) In general.--It shall not be in order to consider an
amendment between the Houses if that amendment includes an
earmark, limited tax benefit, or limited tariff benefit.
(2) Return to the calendar.--If a point of order is
sustained under this subsection, the amendment between the
Houses shall be returned to the calendar until compliance
with this subsection has been achieved.
(e) Waiver.--Any Senator may move to waive any or all
points of order under this section by an affirmative vote of
two-thirds of the Members, duly chosen and sworn.
(f) Definitions.--For the purpose of this section--
(1) 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,
authorizing, 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, other than through a statutory or
administrative formula-driven or competitive award process;
(2) the term ``limited tax benefit'' means any revenue
provision that--
(A) 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
(B) contains eligibility criteria that are not uniform in
application with respect to potential beneficiaries of such
provision; and
(3) the term ``limited tariff benefit'' means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities.
(g) Fiscal Years 2010 and 2011.--The point of order under
this section shall only apply to legislation providing or
authorizing discretionary budget authority, credit authority
or other spending authority, providing a

[[Page S1403]]

federal tax deduction, credit, or exclusion, or modifying the
Harmonized Tariff Schedule in fiscal years 2010 and 2011.
(h) Application.--This rule shall not apply to any
authorization of appropriations to a Federal entity if such
authorization is not specifically targeted to a State,
locality or congressional district.
______