To prohibit earmarks in years in which there is a deficit.

SA 3475. Mr. McCAIN (for himself and Mr. Bayh) 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 end, insert the following:

SEC. ___. EARMARKS PROHIBITED IN YEARS IN WHICH THERE IS A
DEFICIT.

(a) In General.--It shall not be in order in the Senate or
the House of Representatives to consider a bill, joint
resolution, or conference report containing a congressional
earmark or an earmark attributable to the President for any
fiscal year in which there is or will be a deficit as
determined by CBO.
(b) Congressional Earmark.--In this section, the term
``congressional earmark'' means the following:
(1) A congressionally directed spending item, as defined in
Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark for purposes of Rule XXI of the
House of Representatives.
(c) Waiver and Appeal.--
(1) Waiver.--This section may be waived or suspended in the
Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(2) Appeals.--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 bill or
joint resolution, as the case may be. An affirmative vote of
three-fifths 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.
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