II 

113TH CONGRESS 

1ST SESSION S. 126 

To prohibit earmarks. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24 (legislative day, JANUARY 3), 2013 

Mr. TOOMEY (for himself, Mrs. MCCASKILL, Mr. RUBIO, Ms. AYOTTE, Mr. 

PORTMAN, Mr. JOHANNS, Mr. FLAKE, Mr. JOHNSON of Wisconsin, Mr. 

SCOTT, and Mr. UDALL of Colorado) introduced the following bill; which 

was read twice and referred to the Committee on Rules and Administration 

A BILL 

To prohibit earmarks. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Earmark Elimination 

5 Act of 2013’’. 

6 SEC. 2. PROHIBITION ON EARMARKS. 

7 (a) BILLS AND JOINT RESOLUTIONS, AMENDMENTS, 

8 AMENDMENTS BETWEEN THE HOUSES, AND CON9 FERENCE REPORTS.— 


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1 (1) IN GENERAL.—It shall not be in order in 

2 the Senate to consider a bill or resolution introduced 

3 in the Senate or the House of Representatives, 

4 amendment, amendment between the Houses, or 

5 conference report that includes an earmark. 

6 (2) PROCEDURE.—Upon a point of order being 

7 made by any Senator pursuant to paragraph (1) 

8 against an earmark, and such point of order being 

9 sustained, such earmark shall be deemed stricken. 

10 (b) CONFERENCE REPORT AND AMENDMENT BE11 TWEEN THE HOUSES PROCEDURE.—When the Senate is 

12 considering a conference report on, or an amendment be13 tween the Houses, upon a point of order being made by 

14 any Senator pursuant to subsection (a), and such point 

15 of order being sustained, such material contained in such 

16 conference report shall be deemed stricken, and the Senate 

17 shall proceed to consider the question of whether the Sen18 ate shall recede from its amendment and concur with a 

19 further amendment, or concur in the House amendment 

20 with a further amendment, as the case may be, which fur21 ther amendment shall consist of only that portion of the 

22 conference report or House amendment, as the case may 

23 be, not so stricken. Any such motion in the Senate shall 

24 be debatable under the same conditions as was the con25 ference report. In any case in which such point of order 


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1 is sustained against a conference report (or Senate amend2 ment derived from such conference report by operation of 

3 this subsection), no further amendment shall be in order. 

4 (c) WAIVER.—Any Senator may move to waive any 

5 or all points of order under this section by an affirmative 

6 vote of two-thirds of the Members, duly chosen and sworn. 

7 (d) DEFINITIONS.— 

8 (1) EARMARK.—For the purpose of this section, 

9 the term ‘‘earmark’’ means a provision or report 

10 language included primarily at the request of a Sen11 ator or Member of the House of Representatives as 

12 certified under paragraph 1(a)(1) of rule XLIV of 

13 the Standing Rules of the Senate— 

14 (A) providing, authorizing, or recom15 mending a specific amount of discretionary 

16 budget authority, credit authority, or other 

17 spending authority for a contract, loan, loan 

18 guarantee, grant, loan authority, or other ex19 penditure with or to an entity, or targeted to a 

20 specific State, locality or Congressional district, 

21 other than through a statutory or administra22 tive formula-driven or competitive award proc23 ess; 

24 (B) that— 


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1 (i) provides a Federal tax deduction, 

2 credit, exclusion, or preference to a par3 ticular beneficiary or limited group of 

4 beneficiaries under the Internal Revenue 

5 Code of 1986; and 

6 (ii) contains eligibility criteria that are 

7 not uniform in application with respect to 

8 potential beneficiaries of such provision; or 

9 (C) modifying the Harmonized Tariff 

10 Schedule of the United States in a manner that 

11 benefits 10 or fewer entities. 

12 (2) DETERMINATION BY THE SENATE.—In the 

13 event the Chair is unable to ascertain whether or not 

14 the offending provision constitutes an earmark as 

15 defined in this subsection, the question of whether 

16 the provision constitutes an earmark shall be sub17 mitted to the Senate and be decided without debate 

18 by an affirmative vote of two-thirds of the Members, 

19 duly chosen and sworn. 

20 (e) APPLICATION.—This section shall not apply to 

21 any authorization of appropriations to a Federal entity if 

22 such authorization is not specifically targeted to a State, 

23 locality or congressional district. 

Æ 


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