S.Amdt. 3126

SA 3126. Ms. ERNST submitted an amendment intended to be proposed by
her to the concurrent resolution S. Con. Res. 14, setting forth the
congressional budget for the United States Government for fiscal year
2022 and setting forth the appropriate budgetary levels for fiscal
years 2023 through 2031; which was ordered to lie on the table; as
follows:

At the appropriate place in title IV, add the following:

SEC. 4__. PROHIBITION OF EARMARKS IN THE RECONCILIATION
LEGISLATION.

(a) Definition.--For the purpose of this section, the term
``earmark''--
(1) means a provision or report language--
(A) included primarily at the request of a Senator or
Member of the House of Representatives that provides,
authorizes, or recommends 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;
(B) 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
(C) that modifies the Harmonized Tariff Schedule of the
United States in a manner that benefits ten or fewer
entities; and
(2) does not include an authorization of appropriations to
a Federal entity if such authorization is not specifically
targeted to a State, locality, or congressional district.
(b) Point of Order.--
(1) In general.--In the Senate, it shall not be in order to
consider a provision in a reconciliation bill or resolution
reported pursuant to title II of this concurrent resolution,
or an amendment to, amendment between Houses in relation to,
motion on, or conference report on such a bill or resolution,
that constitutes an earmark.
(2) Point of order sustained.--If a point of order is made
by a Senator against a provision described in paragraph (1),
and the point of order is sustained by the Chair, that
provision shall be stricken from the measure and may not be
offered as an amendment from the floor.
(c) Form of the Point of Order.--A point of order under
subsection (b)(1) 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)).
(d) 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
(b)(1), and such point

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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.
(e) 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.
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