To prohibit earmarks.

SA 1472. Mr. TOOMEY (for himself, Mrs. McCaskill, Mr. DeMint, Mr.
Udall of Colorado, Mr. Rubio, Ms. Ayotte, Mr. Portman, Mr. Thune, and
Mr. Johanns) submitted an amendment

[[Page S171]]

intended to be proposed by him to the bill S. 2038, to prohibit Members
of Congress and employees of Congress from using nonpublic information
derived from their official positions for personal benefit, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EARMARK ELIMINATION ACT OF 2012.

(a) Short Title.--This Act may be cited as the ``Earmark
Elimination Act of 2011''.
(b) Prohibition on Earmarks.--
(1) Bills and joint resolutions, amendments, amendments
between the houses, and conference reports.--
(A) In general.--It shall not be in order in the Senate to
consider a bill or resolution introduced in the Senate or the
House of Representatives, amendment, amendment between the
Houses, or conference report that includes an earmark.
(B) Procedure.--Upon a point of order being made by any
Senator pursuant to subparagraph (A) against an earmark, and
such point of order being sustained, such earmark shall be
deemed stricken.
(2) Conference report and amendment between the houses
procedure.--When the Senate is considering a conference
report on, or an amendment between the Houses, upon a point
of order being made by any Senator pursuant to paragraph (1),
and such point of order being sustained, such material
contained in such conference report shall be deemed stricken,
and the Senate shall proceed to consider the question of
whether the Senate shall recede from its amendment and concur
with a further amendment, or concur in the House amendment
with a further amendment, as the case may be, which further
amendment shall consist of only that portion of the
conference report or House amendment, as the case may be, not
so stricken. Any such motion in the Senate shall be debatable
under the same conditions as was the conference report. In
any case in which such point of order is sustained against a
conference report (or Senate amendment derived from such
conference report by operation of this subsection), no
further amendment shall be in order.
(3) 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.
(4) Definitions.--
(A) Earmark.--For the purpose of this section, the term
``earmark'' means a provision or report language included
primarily at the request of a Senator or Member of the House
of Representatives as certified under paragraph 1(a)(1) of
rule XLIV of the Standing Rules of the Senate--
(i) 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;
(ii) that--

(I) 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
(II) contains eligibility criteria that are not uniform in
application with respect to potential beneficiaries of such
provision; or

(iii) modifying the Harmonized Tariff Schedule of the
United States in a manner that benefits 10 or fewer entities.
(B) Determination by the senate.--In the event the Chair is
unable to ascertain whether or not the offending provision
constitutes an earmark as defined in this subsection, the
question of whether the provision constitutes an earmark
shall be submitted to the Senate and be decided without
debate by an affirmative vote of two-thirds of the Members,
duly chosen and sworn
(5) Application.--This section 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.
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