; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (C) modifying the Harmonized Tariff Schedule of the United States in a manner that benefits ten or fewer entities. (2) 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 (a) constitutes an earmark, 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 Senators, duly chosen and sworn. (e) Application This section 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.