II 111th CONGRESS 2nd Session S. 3939 IN THE SENATE OF THE UNITED STATES November 15, 2010 Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To reform earmarking and increase transparency and accountability for all expenditures authorized by Congress and all executive agencies of the Federal Government.

1.

Short title

This Act may be cited as the Earmark Reform and Federal Spending Transparency and Accountability Act of 2011.

2.

Limitation on contributions by earmark beneficiaries to certain candidates

(a)

Limitation

(1)

In general

Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively, and by inserting after paragraph (3) the following new paragraph: (4)

Limitation on contributions by earmark beneficiaries

(A)

In general

During the period which begins on January 1 of an odd-numbered year and ends on December 31 of the next even-numbered year, no earmark beneficiary shall make contributions aggregating more than $5,000 to any requesting candidate with respect to such earmark beneficiary. (B)

Definitions

For purposes of this paragraph: (i)

Earmark beneficiary

The term earmark beneficiary means any person who specifically requests and benefits from a congressionally directed spending item, a limited tax benefit, or a limited tariff benefit (as such terms are defined in paragraph 5 of rule XLIV of the Standing Rules of the Senate, determined by substituting Senator or Member for Senator in such paragraph) which was enacted into law during the period described in subparagraph (A) or any person who is hired to represent the interests of the person making the request. (ii)

Requesting candidate; requesting individual

The terms requesting candidate and requesting individual mean, with respect to any earmark beneficiary, any Senator or Member who requested the congressionally directed spending item, limited tax benefit, or limited tariff benefit (as so defined) which benefits the earmark beneficiary. . (2)

Conforming amendment

Paragraph (1) of section 315(a) of such Act (2 U.S.C. 441a(a)) is amended by striking subsection (i) and section 315A and inserting paragraph (4), subsection (i), and section 315(A). (b)

Inflation adjustment

(1)

In general

Section 315(c)(1) of such Act (2 U.S.C. 441a(c)(1)) is amended by inserting (a)(4), after (a)(3) each place it appears in subparagraphs (B)(i) and (C). (2)

Base period

Section 315(c)(2)(B) of such Act (2 U.S.C. 441(c)(2)(B)) is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting ; and, and by adding at the end the following new clause: (iii)for purposes of subsection (a)(4), calendar year 2010. . (c)

Effective date

The amendments made by this section shall apply to contributions made on and after January 1, 2011.

3.

Limits on staff attendance of Member fund raisers

(a)

In general

Except as provided in subsection (b), an employee of the personal staff of a Member of Congress shall not attend a political fund raiser held on behalf of the Member of Congress for whom they are employed. (b)

Exception

A Member of Congress may designate 1 employee who shall not be subject to the provisions of subsection (a).

4.

Earmark public database

Not later than July 1, 2011, the Secretary of the Senate and the Clerk of the House of Representatives shall post on the public website of their respective Houses a link to the earmark database maintained by the Office of Management and Budget.

5.

Federal expenditure public database

Not later than July 1, 2011, the head of each department and agency of the Federal Government shall post on the public website of that department or agency a link to a searchable database that lists each contract, grant, cooperative agreement, and other expenditure made by the department or agency listing with respect to the expenditure the amount, purpose, term, and office making such expenditure.

6.

Vouching for earmark requests

Paragraph 6(a)(4) of rule XLIV of the Standing Rules of the Senate is amended by inserting before the semicolon the following: and a certification that the recipient is qualified to handle the project, if applicable.

7.

GAO audits

Not later than December 31, 2011, and each year thereafter, the Comptroller General shall submit a report to Congress that uses the OMB database— (1)to randomly select a percentage of each of the programs and projects funded through earmarks in the preceding fiscal year; (2)to conduct an audit on each selected program or project reporting on the amount, purpose, term, requesting Member, and the present state of completion of the program or project; and (3)if the earmark contributes to an already existing program or project, to provide a detailed accounting of how the earmark contributed to each program or project.