S.Amdt. 47

SA 47. Mr. FLAKE submitted an amendment intended to be proposed by
him to the concurrent resolution S. Con. Res. 3, setting forth the
congressional budget for the United States Government for fiscal year
2017 and setting forth the appropriate budgetary levels for fiscal
years 2018 through 2026; which was ordered to lie on the table; as
follows:

At the end of title IV, add the following:

SEC. 4__. POINT OF ORDER AGAINST EARMARKS.

(a) In General.--When the Senate is considering a bill,
joint resolution, motion, amendment, amendment between the
Houses, or conference report, if a point of order is made by
a Senator against an earmark, and the point of order is
sustained by the Chair, that earmark shall be stricken from
the measure and may not be offered as an amendment from the
floor.
(b) Form of the Point of Order.--A point of order under
subsection (a) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974 (2
U.S.C. 644(e)).
(c) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill or joint resolution, upon a point of
order being made by any Senator pursuant to subsection (a),
and such point of order being sustained, such material
contained in such conference report or House amendment shall
be 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. 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.
(d) Supermajority Waiver and Appeal.--In the Senate, this
section may be waived or suspended only by an affirmative
vote of three-fifths of the Members, duly chose and sworn. An
affirmative vote of three-fifths of 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.
(e) Definition.--In this section, the term ``earmark''
means--
(1) a congressionally directed spending item, as defined in
rule XLIV of the Standing Rules of the Senate; and
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives.
______