S.Amdt. 455
What it does: Adds SEC. ___. BAN ON EARMARKS wherever appropriate
Sen. Jim DeMint (R-SC)What it changes
1 change to H.R. 1
Adds SEC. ___. BAN ON EARMARKS wherever appropriate
Adds a sectionInserted: SEC. ___. BAN ON EARMARKS.
Inserted: Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by adding at the end thereof the following:
Inserted: "SEC. 316. BAN ON EARMARKS.
Inserted: "(a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, resolution, amendment, or conference report that includes an earmark.
Inserted: "(b) Matter Stricken.--If the point of order prevails under subsection (a), the earmark provision shall be stricken in accordance with the procedures provided in section 313 of the Congressional Budget Act of 1974.
Inserted: "(c) Definition.--In this section, the term 'earmark' shall include the meaning of the term 'congressionally directed spending item' in paragraph 5 of rule XLIV of the Standing Rules of the Senate and the term 'congressional earmark' in paragraph 9 of rule XXI of the Rules of the House of Representatives.
Inserted: "(d) Supermajority.--Subsection (a) may be waived only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. 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 subsection (a).".
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Original wording
At the appropriate place, insert the following:
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As printed
SA 455. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill H.R. 1, making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for fiscal year ending September 30, 2009, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. BAN ON EARMARKS.
Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by adding at the end thereof the following:
“SEC. 316. BAN ON EARMARKS.
“(a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, resolution, amendment, or conference report that includes an earmark.
“(b) Matter Stricken.--If the point of order prevails under subsection (a), the earmark provision shall be stricken in accordance with the procedures provided in section 313 of the Congressional Budget Act of 1974.
“(c) Definition.--In this section, the term ‘earmark' shall include the meaning of the term ‘congressionally directed spending item' in paragraph 5 of rule XLIV of the Standing Rules of the Senate and the term ‘congressional earmark' in paragraph 9 of rule XXI of the Rules of the House of Representatives.
“(d) Supermajority.--Subsection (a) may be waived only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. 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 subsection (a).”.
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Senate amendment submitted
February 5, 2009