To prohibit unauthorized earmarks.

SA 1500. Mr. INHOFE (for himself and Mrs. Hutchison) submitted an
amendment intended to be proposed to amendment SA 1470 proposed by Mr.
Reid (for himself, Mr. Brown of Massachusetts, Mr. Lieberman, Ms.
Collins, Mrs. Gillibrand, Mr. Levin, and Mr. Franken) 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; as follows:

At the end of the amendment, insert the following:

SEC. __. PROHIBITION ON UNAUTHORIZED EARMARKS.

(a) In General.--It shall not be in order to consider a
bill, joint resolution, conference report, or amendment that
provides an earmark.
(b) Supermajority.--
(1) Waiver.--The provisions of subsection (a) may be waived
or suspended in the Senate only by the affirmative vote of
three-fourths of the Members, duly chosen and sworn.
(2) Appeal.--Appeals in the Senate from the decisions of
the Chair relating to any

[[Page S271]]

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 measure. An affirmative vote of three-
fourths 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.
(c) Earmark Defined.--In this resolution, 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 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 unless the provision or language--
(1) is specifically authorized by an appropriate
congressional authorizing committee of jurisdiction;
(2) meets funding eligibility criteria established by an
appropriate congressional authorizing committee of
jurisdiction by statute; or
(3) is awarded through a statutory or administrative
formula-driven or competitive award process.
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