To implement President Obama's earmark reforms.

SA 967. Mr. DeMINT submitted an amendment intended to be proposed by
him to the concurrent resolution S. Con. Res. 13, setting forth the
congressional budget for the United States Government for fiscal year
2010, revising the appropriate budgetary levels for fiscal year 2009,
and setting forth the appropriate budgetary levels for fiscal years
2011 through 2014; as follows:

At the appropriate place, insert the following:

SEC. ___. EARMARK POINT OF ORDER.

(a) In General.--It shall not be in order in the Senate to
consider a bill, resolution, amendment, or conference report
that includes--
(1) a congressional earmark to a private for profit entity
that is not subject to the same competitive bidding
requirements as other Federal contracts;
(2) a congressional earmark which has not been the subject
of a public hearing in the committee of jurisdiction where
the member requesting the earmark has testified on its
behalf; or
(3) a congressional earmark which has not been posted on
the Member sponsor's website at least 72 hours before
consideration of the legislation.
(b) Trading Earmarks.--A Senator may not trade a
congressional earmark for any political favor, including a
campaign contribution.
(c) Supermajority Waiver and Appeals.--
(1) Waiver.--Subsection (a) 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 subsection (a) 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. 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).
(d) Definition.--In this section, the term ``congressional
earmark'' means a provision or report language included
primarily at the request of a Member, Delegate, Resident
Commissioner, or Senator 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.
______