S.Amdt. 846

1. Adds SEC. __. FISCAL YEAR 2010 EARMARK MORATORIUM on page 68, line 4

   Adds a sectionPrinted page

   Inserted: SEC. __. FISCAL YEAR 2010 EARMARK MORATORIUM.

   Inserted: (a) Bills and Joint Resolutions.--

   Inserted: (1) Point of order.--It shall not be in order to--

   Inserted: (A) consider a bill or joint resolution reported by any committee that includes an earmark, limited tax benefit, or limited tariff benefit; or

   Inserted: (B) a Senate bill or joint resolution not reported by committee that includes an earmark, limited tax benefit, or limited tariff benefit.

   Inserted: (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.

   Inserted: (b) Conference Report.--

   Inserted: (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.

   Inserted: (2) Return to the calendar.--If a point of order is sustained under this subsection, the conference report shall be returned to the calendar.

   Inserted: (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.

   Inserted: (d) Amendment Between the Houses.--

   Inserted: (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.

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   Inserted: (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.

   Inserted: (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.

   Inserted: (f) Definitions.--For the purpose of this section--

   Inserted: (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;

   Inserted: (2) the term "limited tax benefit" means any revenue provision that--

   Inserted: (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

   Inserted: (B) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; and

   Inserted: (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.

   Inserted: (g) Fiscal Year 2010.--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 federal tax deduction, credit, or exclusion, or modifying the Harmonized Tariff Schedule in fiscal year 2010.

   Inserted: (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.

   Original wording

   On page 68, after line 4, insert the following:

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As printed