,,ii  #aacth ,,congress  #ast ,session  
,s4 #abf  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #bd        
7legislative day1 ,january #c71 #bjac   
,mr4 ,toomey 7for himself1 ,mrs4        
,mc,caskill1 ,mr4 ,rubio1 ,ms4 ,ayotte1 
,mr4 ,portman1 ,mr4 ,johanns1 ,mr4      
,flake1 ,mr4 ,johnson of ,wisconsin1    
,mr4 ,scott1 and ,mr4 ,udall of         
,colorado7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,rules and         
,administration  ,a ,,bill  ,to prohibit
 earmarks4  #a4 ,short title ,this ,act 
may be cited as the ,earmark            
,elimination ,act of #bjac4  #b4        
,prohibition on earmarks  7a7 ,bills and
 joint resolutions1 amendments1         
amendments between the ,houses1 and     
conference reports  7#a7 ,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 ,representatives1 amendment1         
amendment between the ,houses1 or       

conference report that includes an      
earmark4  7#b7 ,procedure ,upon a point 
of order being made by any ,senator     
pursuant to paragraph 7#a7 against an   
earmark1 and such point of order being  
sustained1 such earmark shall be deemed 
stricken4  7b7 ,conference report and   
amendment between the ,houses procedure 
,when the ,senate is considering a      
conference report on1 or an amendment   
between the ,houses1 upon a point of    
order being made by any ,senator        
pursuant to subsection 7a71 and such    
point of order being sustained1 such    
material contained in such conference   
report shall be deemed stricken1 and the
 ,senate shall proceed to consider the  
question of whether the ,senate shall   
recede from its amendment and concur    
with a further amendment1 or concur in  
the ,house amendment with a further     
amendment1 as the case may be1 which    
further amendment shall consist of only 
that portion of the conference report or
 ,house amendment1 as the case may be1  

not so stricken4 ,any such motion in the
 ,senate shall be debatable under the   
same conditions as was the conference   
report4 ,in any case in which such point
 of order is sustained against a        
conference report 7or ,senate amendment 
derived from such conference report by  
operation of this subsection71 no       
further amendment shall be in order4    
7c7 ,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 ,members1 duly chosen 
and sworn4  7d7 ,definitions  7#a7      
,earmark ,for the purpose of this       
section1 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 #a7;a77#a7 of rule ,,xliv of  
the ,standing ,rules of the ,senate--   
7,a7 providing1 authorizing1 or         
recommending a specific amount of       
discretionary budget authority1 credit  

authority1 or other spending authority  
for a contract1 loan1 loan guarantee1   
grant1 loan authority1 or other         
expenditure with or to an entity1 or    
targeted to a specific ,state1 locality 
or ,congressional district1 other than  
through a statutory or administrative   
formula-driven or competitive award     
process2  7,b7 that--  7i7 provides a   
,federal tax deduction1 credit1         
exclusion1 or preference to a particular
 beneficiary or limited group of        
beneficiaries under the ,internal       
,revenue ,code of #aihf2 and  7ii7      
contains eligibility criteria that are  
not uniform in application with respect 
to potential beneficiaries of such      
provision2 or  7,c7 modifying the       
,harmonized ,tariff ,schedule of the    
,united ,states in a manner that        
benefits #aj or fewer entities4  7#b7   
,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 subsection1 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   
,members1 duly chosen and sworn4  7e7   
,application ,this section shall not    
apply to any authorization of           
appropriations to a ,federal entity if  
such authorization is not specifically  
targeted to a ,state1 locality or       
congressional district4