I 111th CONGRESS 2d Session H. R. 5258 IN THE HOUSE OF REPRESENTATIVES May 11, 2010 Mr. Cassidy (for himself, Ms. Speier, Mr. Reichert, and Mr. Smith of Washington) introduced the following bill; which was referred to the Committee on Rules, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Congressional Budget Act of 1974 to require Congress to establish a unified and searchable database on a public website for congressional earmarks.

1.

Short title

This Act may be cited as the Earmark Transparency Act of 2010.

2.

Unified and searchable database for congressionally directed spending items

(a)

In general

Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section:

316.

Unified and searchable database for congressionally directed spending items

(a)

Establishment of database

Within six months after the date of enactment of this section, the Clerk of the House of Representatives and the Secretary of the Senate shall jointly establish a searchable website, available to the public at no cost, listing all requests by Members of Congress for congressionally directed spending items. (b)

Content

The website established under subsection (a) shall be comprised of a database including the following information for each congressionally directed spending item requested by a Member of Congress: (1)The fiscal year in which the item would be funded. (2)The number of the bill or joint resolution for which the request is made, if available. (3)The amount of the initial request made by the Member of Congress. (4)The amount approved by the committee of jurisdiction. (5)The amount carried in the bill or joint resolution (or accompanying report) as passed by the House, as passed by the Senate, and as transmitted to the President, as applicable. (6)The name of the department or agency, and the account or program, through which the item will be funded. (7)The name and the State or district of the Member of Congress who made the request. (8)The name and address of the intended recipient. (9)The type of organization (public, private nonprofit, or private for profit entity) of the intended recipient. (10)The project name, description, and estimated completion date. (11)A justification of the benefit to taxpayers. (12)Whether the request is for a continuing project and if so, when funds were first appropriated for such project. (13)A description, if applicable, of all non-Federal sources of funding. (14)Its current status in the legislative process, including whether it was carried in any bill or joint resolution (or accompanying report) passed by either House, added in a committee of conference between the Houses (or joint explanatory statement of managers) or in an amendment between the Houses, or included in a bill or joint resolution enacted into law, including any changes in the final dollar amount. (c)

Accessibility of data

The website established under subsection (a) shall allow the public to— (1)search, sort, and download all information in the database in a machine-readable format; (2)ascertain through a single search, by individual Member of Congress, the total number and dollar value of congressionally directed spending items requested by that Member and the total number and dollar value of such items contained in bills or joint resolutions as passed by either House or enacted into law by fiscal year; (3)search and aggregate data based on any category set forth in subsection (b); and (4)access the website from the home page of the website of the Clerk of the House of Representatives and of the Secretary of the Senate. (d)

Timeliness of data

(1)Within 5 calendar days of receipt of a request for a congressionally directed spending item from a Member of Congress, each committee of the House of Representatives and of the Senate shall provide to the Clerk of the House of Representatives or the Secretary of the Senate, as applicable, the initial information regarding that request that is required under this section to be placed on the website established under subsection (a). That committee shall provide up-to-date information to the Clerk or Secretary, as applicable. (2)The Clerk of the House of Representatives and the Secretary of the Senate shall post on the website established under subsection (a) the information received under paragraph (1) within 2 calendar days (excluding Saturdays, Sundays, or legal holidays except when the House or Senate is in session on such a day). (e)

Point of order

(1)It shall not be in order to consider any bill or joint resolution, or amendment thereto or conference report thereon unless it meets the requirements of this section. (2)Subsections (c)(1) and (d)(2) of section 904 of the Congressional Budget Act of 1974 are each amended by inserting 316, after 313, . (f)

Definitions

As used in this section— (1)the term congressionally directed spending item means a provision or report language included primarily at the request of a Member of Congress 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; and (2)the term Member of Congress means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.

. (b)

Conforming amendment

The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: Sec. 316. Unified and searchable database for congressionally directed spending items. .