S.Amdt. 35

1. Adds SEC. ___. STANDARDS FOR ECONOMIC DEVELOPMENT INITIATIVE EARMARKS wherever appropriate

   Adds a section

   Inserted: SEC. ___. STANDARDS FOR ECONOMIC DEVELOPMENT INITIATIVE EARMARKS.

   Inserted: Section 108(q) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308(q)) is amended by adding at the end the following:

   Inserted: "(5) Criteria for congressional earmarks.--

   Inserted: "(A) In general.--No amount of funds provided or made available in an earmark for purposes of funding grants under this subsection may be made available to the Secretary, unless such funds are used for 1 or more of the following purposes related to real property or public or private nonprofit facilities:

   Inserted: "(i) Acquisition.

   Inserted: "(ii) Planning.

   Inserted: "(iii) Design.

   Inserted: "(iv) Purchase of equipment.

   Inserted: "(v) Revitalization, reconstruction, or rehabilitation.

   Inserted: "(vi) Redevelopment.

   Inserted: "(vii) Construction.

   Inserted: "(B) Express prohibitions.--In addition to the general prohibition described in subparagraph (A), no amount of funds provided or made available in an earmark for purposes of funding grants under this section may be used by the Secretary for any of the following purposes:

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   Inserted: "(i) Reimbursement of expense, including debt services or retirements.

   Inserted: "(ii) Transportation or road projects.

   Inserted: "(iii) Expenses for program operations.

   Inserted: "(iv) Homeland Security or first responder projects.

   Inserted: "(v) Healthcare facilities.

   Inserted: "(C) Reports.--

   Inserted: "(i) Required before disbursal.--The Secretary may not release any grant funds provided for or made available by an earmark to an eligible public entity or public or private nonprofit organization under this subsection, unless such entity or organization submits to the Secretary a report detailing the economic impact of the earmark.

   Inserted: "(ii) Contents of report.--

   Inserted: "(I) In general.--The report required under clause (i) shall be submitted by the eligible public entity or public or private nonprofit organization to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

   Inserted: "(II) Limitation.--In any report required under clause (i), the Secretary--

   Inserted: "(aa) shall not require the disclosure of any confidential information of the eligible public entity or public or private nonprofit organization, or of any subgrantee employed by such entity or organization; and

   Inserted: "(bb) shall ensure that the requirements of such report are uniform for all grants funded by an earmark within each fiscal year.

   Inserted: "(III) Release of change in reporting requirements.--The Secretary shall publish any changes to the reporting requirements under this subparagraph in the Federal Register not later than January 1 of the year preceding the fiscal year in which such changes are to take effect.

   Inserted: "(iii) Availability.--The Secretary shall, upon request, provide any member of Congress with a copy of any report filed under this subparagraph.

   Inserted: "(D) Set aside of budget authority.--Not less than 20 percent of the total funds made available for purposes of this section in any appropriations Act shall be made available to the Secretary, free from earmarks, such that the Secretary may award these funds, in the discretion of the Secretary, to eligible public entities or public or private nonprofit organizations under a competitive bidding process.

   Inserted: "(E) Definitions.--In this subsection:

   Inserted: "(i) Earmark.--the term 'earmark' means a provision of law, or a directive contained within a joint explanatory statement or report included in a conference report or bill primarily at the request of a Member, Delegate, Resident Commissioner, or Senator 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.

   Inserted: "(ii) Nonprofit.--The term 'nonprofit' means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual.

   Inserted: "(iii) Private nonprofit organization.--The term 'private nonprofit organization' means any private organization (including a State or locally chartered organization) that--

   Inserted: "(I) is incorporated under State or local law;

   Inserted: "(II) is nonprofit in character; and

   Inserted: "(III) complies with standards of financial accountability acceptable to the Secretary.

   Inserted: "(iv) Public nonprofit organization.--The term 'public nonprofit organization' means any public entity that is nonprofit in character.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed