S 3335 ISRSCommentsClose CommentsPermalink

To require Congress to establish a unified and searchable database on a public website for congressional earmarks as called for by the President in his 2010 State of the Union Address to Congress.CommentsClose CommentsPermalink

May 11, 2010CommentsClose CommentsPermalink

Mr. COBURN (for himself, Mr. MCCAIN, Mr. FEINGOLD, Mrs. GILLIBRAND, Mr. BENNET, Mr. ENSIGN, Mr. CORKER, and Mr. UDALL of Colorado, Mrs. MCCASKILL, Mr. ISAKSON, Mrs. BOXER, Mr. CORNYN, Mr. CHAMBLISS, Mr. DEMINT, Mr. HATCH, Mr. ALEXANDER, Mr. TESTER, Mr. ENZI, Mr. THUNE, Mr. CARPER, Mr. KAUFMAN, Ms. SNOWE, Ms. COLLINS, Mr. BURR, Mr. BROWN of Massachusetts, Mr. CASEY, Mr. GRAHAM, and Mr. JOHANNS) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

To require Congress to establish a unified and searchable database on a public website for congressional earmarks as called for by the President in his 2010 State of the Union Address to Congress.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Earmark Transparency Act’. CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) CONGRESSIONALLY DIRECTED SPENDING ITEMEARMARK- The term ‘congressionally directedearmark’ means a congressionally directed spending item’ shall have the same meaning as given the term in, limited tax benefit, or limited tariff benefit as defined in paragraph 5 of rule XLIV of the Standing Rules of the Senate, as added by section 521 of the Honest Leadership and Open Government Act of 2007 (Public Law 110-81). CommentsClose CommentsPermalink





(2) REQUEST- The term ‘request’ means any formal communication, most commonly in writingincluding in writing or by electronic submission, from a Member of Congress to a committee of Congress or a chairman or ranking member of such a committee requesting a congressionally directed spending itemn earmark. CommentsClose CommentsPermalink





(3) REQUESTOR- The term ‘requestor’ means the Member or Members of Congress that submits a request. CommentsClose CommentsPermalink





(4) SEARCHABLE WEBSITE- The term ‘searchable website’ means a website that-- CommentsClose CommentsPermalink





(A) has the uniform resource locator of earmarks.congress.gov, which shall be prominently displayed under the official websites of the Senate and the House of Representatives; and CommentsClose CommentsPermalink





(B) allows the public to-- CommentsClose CommentsPermalink





(Ai) search and aggregate congressionally directed spending itemsort earmarks by any element required under section 3; CommentsClose CommentsPermalink





(Bii) ascertain through a single search the total number and dollar value of congressionally directed spending itemearmarks requested by an individual Member of Congress; CommentsClose CommentsPermalink





(Ciii) download data included in subparagraph (Aclause (i) included in the outcome from searches; CommentsClose CommentsPermalink





(Div) programmatically search and access all data in a serialized machine readable format via a web-services application programming interface;(E) access a public facing interface that can be queriedretrieve information regarding specific earmarks; and CommentsClose CommentsPermalink





(v) query across multiple fields fromin a single search, or through an advanced search that allows users to query for information in specific fields; and(F) access the website address and link on the front page of the websites of the Secretary of the Senate and Clerk of the House of Representatives. CommentsClose CommentsPermalink

SEC. 3. CONGRESSIONAL EARMARK DATABASE.

(a) Website- Not later than 6 months afterUpon the date of enactment of this Act, the Secretary of the Senate, the Senate Sergeant of Arms, and the Clerk of the House of Representatives, in coordin, in consultation with the Secretary of the Senate, shall ensure the existencerelevant congressional committees, shall begin the development of a single searchable website, available to the public at no cost to access, that includes for each request-- CommentsClose CommentsPermalink





(1) the fiscal year in which the congressionally directed spending itemearmark would be funded; CommentsClose CommentsPermalink





(2) the bill number on which request is made; CommentsClose CommentsPermalink





(3) the bill section location;(4) the amount of initial request made by requestor; CommentsClose CommentsPermalink





(54) the amount approved by the committee of jurisdiction;(6to which the request was made; CommentsClose CommentsPermalink





(5) the amount approved in final legislation (if approved); CommentsClose CommentsPermalink





(76) the name of Federal department or agency through which the entity will receive the funding; CommentsClose CommentsPermalink





(8) if the request was included in the President’s budget for the relevant fiscal year;

(9) if the request is authorized in law and when any such authorization expires;

(107) the name of the requestor or requestors; CommentsClose CommentsPermalink




(118) the requestor State (for Members of the Senate) or State and District (for Members of the House of Representatives); CommentsClose CommentsPermalink





(12) the9) the name of any beneficiary designated to receive appropriations, including Federal agencies, municipalities, and States; CommentsClose CommentsPermalink





(130) the type of organization (public, private non-profit, or private for-profit entity); CommentsClose CommentsPermalink





(141) the address of each beneficiary identified in paragraph (12);(159); CommentsClose CommentsPermalink





(12) the project name; CommentsClose CommentsPermalink





(163) the project description; CommentsClose CommentsPermalink





(174) the justification, as provided by the requestor or requestors, explaining how congressionally directed spending itemthe earmark would benefit taxpayers; CommentsClose CommentsPermalink





(18) an indication of whether congressionally directed spending item related to request is a continuing project;

(19) for each congressionally directed spending item identified as a continuing project under paragraph (18), an indication of how long it has received appropriations;

(20) the estimated completion date of the project funded by the congressionally directed spending item;

(21) a description, if applicable, of any Federal or non-Federal sources of funding for the previous 2 fiscal years, including the amount of a State or local matching requirement, for the congressionally directed spending item;

(225) for any non-Federal sources of funding identified under paragraph (21), an identification of the sources and their, the percentage of the project’s total funding;(23 and CommentsClose CommentsPermalink




(16) a copy of all requests and supplemental documents submitted to a committee of Congressprovided by the requestor to a committee relevant to each request; and(24) the status of the congressionally directed spending item, including if it was only requested, or then inserted into a bill passed by either House, and also noted if it was included in final conference report, including any changes in final dollar amount awarded for the item. CommentsClose CommentsPermalink





(b) Scope of Data- The website created under subsection (a) shall contain all requests made on obeginning 1 year after the date of enactment of this Act consistent with the provision of this Act. CommentsClose CommentsPermalink





(c) Search Requirements- The website created under subsection (a) shall-- CommentsClose CommentsPermalink





(1) distinguish between requests that have been included in authorizing or appropriation legislation and those that were requested but not included in any legislation;(2) provide a permanent and unique identification number for each request for a congressionally directed spending item;(3and for each requestor; CommentsClose CommentsPermalink





(2) provide that all search results return permanent weblinks; and CommentsClose CommentsPermalink





(43) include information from all relevant sources including bills, conference reports, amendments, manager’s amendments, and committee reports. CommentsClose CommentsPermalink





(d) Availability- Requests shall be made available on the website created under subsection (a) not later than 5 days after submission by a requestor to a committee of Congress. For items under paragraphs (2), (34), (5), and (6) of subsection (a), information shall be added to the website as soon as it becomes available. CommentsClose CommentsPermalink





(e) Conference Reports- The database shall be updated to include congressionally directed spending items included in any conference report.(f) Committees ResponsibleResponsibility for Providing Data- The burden to provide information in a timely manner and in compliance with this Act to the Secretary of the Senate and the Clerk of the House regarding requests shall be-- CommentsClose CommentsPermalink





(1) in the case of a requestor, the requirements under subsection (a)(1), (2), (3), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16); and CommentsClose CommentsPermalink





(2) for all other requirements be on the committee of Congresshair of each committee to which a request is made. CommentsClose CommentsPermalink





(f) Effective Date- CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), this Act shall be implemented not later than 18 months after the date of enactment of this Act. CommentsClose CommentsPermalink





(2) EXCEPTION- The provisions referred to under subsection (c) may be implemented not later than 2 years after the date of enactment of this Act, if the Secretary of the Senate certifies in writing to relevant congressional committees that additional time is needed. CommentsClose CommentsPermalink





(3) OFFSET- Any funds that remain unobligated or unspent at the end of fiscal year 2010 or 2011 from the Official Personnel and Office Expense Account of any Senator who agrees to a transfer may be transferred from such account to the office of the Secretary of the Senate for the purpose of paying for any costs associated with the searchable website established by this Act. Not later than 10 days after the conclusion of the fiscal year, a Member of the Senate may provide in writing notification to the Majority Leader of the Senate of the amount of funding that shall be transferred to the office of the Secretary of the Senate under this section. CommentsClose CommentsPermalink