Sec. 109. Prohibition on earmarks
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/bill/113/hr/243/ih/section-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 312 of the Congressional Budget Act of 1974 is amended by inserting at the end the following: It shall not be in order in the Senate or the House of Representatives to consider a bill, resolution, or amendment that includes an earmark, limited tax benefit, or limited tariff benefit. In the Senate, a point of order under this paragraph may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974. It shall not be in order in the Senate or the House of Representatives to vote on the adoption of a report of a committee of conference if the report includes an earmark, limited tax benefit, or limited tariff benefit.
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, an appropriation Act, upon a point of order being made by any Senator pursuant to this paragraph, and such point of order being sustained, such material contained in such conference report shall be deemed 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 under the same conditions as was the conference report. 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. Any Senator may move to waive any or all points of order under this subsection by an affirmative vote of two-thirds of the Members, duly chosen and sworn. For the purpose of this subsection— 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, authorizing, 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, other than through a statutory or administrative formula-driven or competitive award process; the term limited tax benefit means any revenue provision that— 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 contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; and the term limited tariff benefit means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities.
This subsection shall not apply to any authorization of appropriations to a Federal entity if such authorization is not specifically targeted to a State, locality or congressional district. .