[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3335 Reported in Senate (RS)]

                                                       Calendar No. 692
111th CONGRESS
  2d Session
                                S. 3335

                          [Report No. 111-365]

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2010

Mr. Coburn (for himself, Mr. McCain, Mr. Feingold, Mrs. Gillibrand, Mr. 
Bennet, Mr. Ensign, Mr. Corker, 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 Affairs

                           December 14, 2010

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Earmark Transparency 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Congressionally directed spending item.--The 
        term ``congressionally directed spending item'' shall have the 
        same meaning as given the term in section 521 of the Honest 
        Leadership and Open Government Act of 2007 (Public Law 110-
        81).</DELETED>
        <DELETED>    (2) Request.--The term ``request'' means a formal 
        communication, most commonly in writing, 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 item.</DELETED>
        <DELETED>    (3) Requestor.--The term ``requestor'' means the 
        Member or Members of Congress that submits a request.</DELETED>
        <DELETED>    (4) Searchable website.--The term ``searchable 
        website'' means a website that allows the public to--</DELETED>
                <DELETED>    (A) search and aggregate congressionally 
                directed spending items by any element required under 
                section 3;</DELETED>
                <DELETED>    (B) ascertain through a single search the 
                total number and dollar value of congressionally 
                directed spending items requested by an individual 
                Member of Congress;</DELETED>
                <DELETED>    (C) download data included in subparagraph 
                (A) included in the outcome from searches;</DELETED>
                <DELETED>    (D) programmatically search and access all 
                data in a serialized machine readable format via a web-
                services application programming interface;</DELETED>
                <DELETED>    (E) access a public facing interface that 
                can be queried across multiple fields from a single 
                search, or through an advanced search that allows users 
                to query for information in specific fields; 
                and</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. CONGRESSIONAL EARMARK DATABASE.</DELETED>

<DELETED>    (a) Website.--Not later than 6 months after the date of 
enactment of this Act, the Clerk of the House of Representatives, in 
coordination with the Secretary of the Senate, shall ensure the 
existence of a single searchable website, available to the public at no 
cost to access, that includes for each request--</DELETED>
        <DELETED>    (1) the fiscal year in which the congressionally 
        directed spending item would be funded;</DELETED>
        <DELETED>    (2) the bill number on which request is 
        made;</DELETED>
        <DELETED>    (3) the bill section location;</DELETED>
        <DELETED>    (4) the amount of initial request made by 
        requestor;</DELETED>
        <DELETED>    (5) the amount approved by the committee of 
        jurisdiction;</DELETED>
        <DELETED>    (6) the amount approved in final legislation (if 
        approved);</DELETED>
        <DELETED>    (7) the name of Federal department or agency 
        through which the entity will receive the funding;</DELETED>
        <DELETED>    (8) if the request was included in the President's 
        budget for the relevant fiscal year;</DELETED>
        <DELETED>    (9) if the request is authorized in law and when 
        any such authorization expires;</DELETED>
        <DELETED>    (10) the name of the requestor or 
        requestors;</DELETED>
        <DELETED>    (11) the requestor State (for Members of the 
        Senate) or State and District (for Members of the House of 
        Representatives);</DELETED>
        <DELETED>    (12) the name of any beneficiary designated to 
        receive appropriations, including Federal agencies, 
        municipalities, and States;</DELETED>
        <DELETED>    (13) the type of organization (public, private 
        non-profit, or private for-profit entity);</DELETED>
        <DELETED>    (14) the address of each beneficiary identified in 
        paragraph (12);</DELETED>
        <DELETED>    (15) the project name;</DELETED>
        <DELETED>    (16) the project description;</DELETED>
        <DELETED>    (17) the justification, as provided by the 
        requestor or requestors, explaining how congressionally 
        directed spending item would benefit taxpayers;</DELETED>
        <DELETED>    (18) an indication of whether congressionally 
        directed spending item related to request is a continuing 
        project;</DELETED>
        <DELETED>    (19) for each congressionally directed spending 
        item identified as a continuing project under paragraph (18), 
        an indication of how long it has received 
        appropriations;</DELETED>
        <DELETED>    (20) the estimated completion date of the project 
        funded by the congressionally directed spending item;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (22) for any non-Federal sources of funding 
        identified under paragraph (21), an identification of the 
        sources and their percentage of the project's total 
        funding;</DELETED>
        <DELETED>    (23) a copy of all requests and supplemental 
        documents submitted to a committee of Congress relevant to each 
        request; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Scope of Data.--The website created under subsection 
(a) shall contain all requests made on or after the date of enactment 
of this Act consistent with the provision of this Act.</DELETED>
<DELETED>    (c) Search Requirements.--The website created under 
subsection (a) shall--</DELETED>
        <DELETED>    (1) distinguish between requests that have been 
        included in authorizing or appropriation legislation and those 
        that were requested but not included in any 
        legislation;</DELETED>
        <DELETED>    (2) provide a permanent and unique identification 
        number for each request for a congressionally directed spending 
        item;</DELETED>
        <DELETED>    (3) provide that all search results return 
        permanent weblinks; and</DELETED>
        <DELETED>    (4) include information from all relevant sources 
        including bills, conference reports, amendments, manager's 
        amendments, and committee reports.</DELETED>
<DELETED>    (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), (3), (5), and (6) of subsection (a), information shall 
be added to the website as soon as it becomes available.</DELETED>
<DELETED>    (e) Conference Reports.--The database shall be updated to 
include congressionally directed spending items included in any 
conference report.</DELETED>
<DELETED>    (f) Committees Responsible.--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 on the committee of Congress to which a request is 
made.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Earmark Transparency Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Earmark.--The term ``earmark'' means a congressionally 
        directed spending item, 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).
            (2) Request.--The term ``request'' means any formal 
        communication, including 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 an earmark.
            (3) Requestor.--The term ``requestor'' means the Member or 
        Members of Congress that submits a request.
            (4) Searchable website.--The term ``searchable website'' 
        means a website that--
                    (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
                    (B) allows the public to--
                            (i) search and sort earmarks by any element 
                        required under section 3;
                            (ii) ascertain through a single search the 
                        total number and dollar value of earmarks 
                        requested by an individual Member of Congress;
                            (iii) download data included in clause (i) 
                        included in the outcome from searches;
                            (iv) programmatically retrieve information 
                        regarding specific earmarks; and
                            (v) query across multiple fields in a 
                        single search, or through an advanced search 
                        for information in specific fields.

SEC. 3. CONGRESSIONAL EARMARK DATABASE.

    (a) Website.--Upon the date of enactment of this Act, the Secretary 
of the Senate, the Senate Sergeant of Arms, and the Clerk of the House, 
in consultation with the relevant 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--
            (1) the fiscal year in which the earmark would be funded;
            (2) the bill number on which request is made;
            (3) the amount of initial request made by requestor;
            (4) the amount approved by the committee to which the 
        request was made;
            (5) the amount approved in final legislation (if approved);
            (6) the name of Federal department or agency through which 
        the entity will receive the funding;
            (7) the name of the requestor or requestors;
            (8) the requestor State (for Members of the Senate) or 
        State and District (for Members of the House of 
        Representatives);
            (9) the name of any beneficiary designated to receive 
        appropriations, including Federal agencies, municipalities, and 
        States;
            (10) the type of organization (public, private non-profit, 
        or private for-profit entity);
            (11) the address of each beneficiary identified in 
        paragraph (9);
            (12) the project name;
            (13) the project description;
            (14) the justification, as provided by the requestor or 
        requestors, explaining how the earmark would benefit taxpayers;
            (15) for any non-Federal sources of funding, the percentage 
        of the project's total funding; and
            (16) a copy of all documents provided by the requestor to a 
        committee relevant to each request.
    (b) Scope of Data.--The website created under subsection (a) shall 
contain all requests made beginning 1 year after the date of enactment 
of this Act consistent with the provision of this Act.
    (c) Search Requirements.--The website created under subsection (a) 
shall--
            (1) provide a permanent and unique identification number 
        for each request and for each requestor;
            (2) provide that all search results return permanent 
        weblinks; and
            (3) include information from all relevant sources including 
        bills, conference reports, amendments, manager's amendments, 
        and committee reports.
    (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 (4), 
(5), and (6) of subsection (a), information shall be added to the 
website as soon as it becomes available.
    (e) Responsibility 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--
            (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
            (2) for all other requirements be on the chair of each 
        committee to which a request is made.
    (f) Effective Date.--
            (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.
            (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.
            (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.
                                                       Calendar No. 692

111th CONGRESS

  2d Session

                                S. 3335

                          [Report No. 111-365]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                           December 14, 2010

                       Reported with an amendment