,,ii #aagth ,,congress #ast ,session ,s4 #eja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #a1 #bjba,mr4 ,daines 7for himself1 ,mr4 ,cruz1 ,ms4 ,ernst1 ,mr4 ,lankford1 ,mr4 ,lee1 ,mr4 ,johnson1 ,mr4 ,paul1 ,mr4 ,rubio1 ,mr4 ,toomey1 and ,mr4 ,portman7 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 #bjba4 #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 bill1 joint resolution1 motion1 amendment1 amendment between the ,houses1 or conference report that includes an earmark4 7#b7 ,procedure 7,a7 ,in general ,upon a point of order being made by any ,senator under paragraph 7#a7 against an earmark1 and such point of order being sustained1 such earmark shall be stricken4 7,b7 ,form of the point of order ,a point of order under paragraph 7#a7 may be raised by a ,senator as provided in section #cac7;e7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fdd7;e774 7b7 ,conference report and amendment between the ,houses procedure ,when the ,senate is considering a conference report1 or an amendment between the ,houses-- 7#a7 upon a point of order being made by any ,senator under subsection 7a7 with respect to one or more earmarks1 and such point of order being sustained1 such earmarks shall be stricken2 and 7#b7 after all points of order under subsection 7a7 have been disposed of-- 7,a7 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 stricken2 7,b7 any such motion in the ,senate shall be debatable under the same conditions as was the conference report or amendment between the ,houses2 and 7,c7 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 ,waiver2 appeal ,a point of order under subsection 7a7 may be waived only by an affirmative vote of two-thirds of the ,members of the ,senate1 duly chosen and sworn4 ,an affirmative vote of two-thirds of the ,members of the ,senate1 duly chosen and sworn1 shall be required to sustain an appeal of the ruling of the ,chair on a point of order raised under subsection 7a74 7d7 ,definitions 7#a7 ,earmark ,for the purpose of this section1 the term earmark means a provision or report language-- 7,a7 included primarily at the request of a ,senator or ,member of the ,house of ,representatives that provides1 authorizes1 or recommends 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 that modifies the ,harmonized ,tariff ,schedule of the ,united ,states in a manner that benefits ten or fewer entities4 7#b7 ,determination by the ,senate ,in the event the ,chair is unable to ascertain whether a provision with respect to which a ,senator raises a point of order under subsection 7a7 constitutes an earmark1 the question of whether the provision constitutes an earmark shall be submitted to the ,senate and be decided without debate4 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 locality1 or congressional district4