S.Amdt. 1001

1. Adds SEC. __. BUREAUCRATIC EARMARKS wherever appropriate

   Adds a section

   Inserted: SEC. __. BUREAUCRATIC EARMARKS.

   Inserted: (a) Definitions.--In this section--

   Inserted: (1) the term "agency" has the meaning given that term under section 551(1) of title 5, United States Code; and

   Inserted: (2) the term "covered domestic assistance"--

   Inserted: (A) means--

   Inserted: (i) any assistance under a domestic assistance program (as those terms are defined in section 6101 of title 31, United States Code); and

   Inserted: (ii) any Federal credit assistance, including loan guarantees, lines of credit, and direct loans; and

   Inserted: (B) does not include--

   Inserted: (i) any grants or other assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and

   Inserted: (ii) any assistance described in subparagraph (A) that--

   Inserted: (I) is provided in accordance with a statutory formula;

   Inserted: (II) is provided through direct spending (as defined in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900));

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   Inserted: (III) is--

   Inserted: (aa) primarily awarded to a State; and

   Inserted: (bb) awarded to each State; or

   Inserted: (IV) is solely technical assistance provided by an agency to a State or a political subdivision of a State, including authorities designated to carry out public works on behalf of a State or political subdivision of a State.

   Inserted: (b) Reporting Before Award.--

   Inserted: (1) Submission.--

   Inserted: (A) In general.--Subject to paragraph (5), not later than 45 days before the date on which an agency awards covered domestic assistance, the head of the agency shall submit to Congress and the Comptroller General of the United States a report regarding the proposed award.

   Inserted: (B) Limitation on authority.--Subject to paragraph (5), the head of an agency may not award covered domestic assistance to a proposed awardee--

   Inserted: (i) until the date that is 45 days after the date on which the head of the agency submits the report under subparagraph (A) relating to the proposed award; or

   Inserted: (ii) if a joint resolution described in subsection (d) is enacted relating to the proposed award.

   Inserted: (2) Contents.--Each report submitted under paragraph (1) shall include--

   Inserted: (A) the name, address, principal point of contact, and contact information of the proposed awardee;

   Inserted: (B) the city, State, congressional district, and county in which performance of the activities under the covered domestic assistance will primarily take place;

   Inserted: (C) the amount being awarded to the awardee;

   Inserted: (D) whether the award is a multi-year award and, if the award is a multi-year award, and without regard to whether the funds for any fiscal year after the first fiscal year after the award are not finalized or are subject to the availability of funds--

   Inserted: (i) the amount of funding for each fiscal year after the first fiscal year of the award; and

   Inserted: (ii) the aggregate funding level for all fiscal years;

   Inserted: (E) the type of covered domestic assistance to be awarded to the awardee;

   Inserted: (F) all relevant information about the agency awarding the covered domestic assistance, including the specific program within the agency and all relevant contact persons at the agency who made the decision to award the covered domestic assistance;

   Inserted: (G) the number assigned to the covered domestic assistance program under the Catalog of Federal Domestic Assistance Programs required to be published by the Administrator of General Services under section 6104 of title 31, United States Code;

   Inserted: (H) a detailed description or abstract of how the awardee will use the covered domestic assistance;

   Inserted: (I) an abbreviated description of how the awardee will use the covered domestic assistance;

   Inserted: (J) except as provided in paragraph (3), a complete copy of the application for the covered domestic assistance submitted by the applicant;

   Inserted: (K) the text of the statute authorizing the covered domestic assistance program; and

   Inserted: (L) a statement--

   Inserted: (i) describing why the award of the covered domestic assistance is a justifiable use of Federal funds in accordance with the authorizing statute; and

   Inserted: (ii) indicating why the award of the covered domestic assistance is justified under the authorizing statute.

   Inserted: (3) Proprietary information.--

   Inserted: (A) In general.--In consultation with the Director of the Office of Management and

   Inserted: Budget, the head of each agency shall establish a means for an applicant for covered domestic assistance to designate as proprietary sensitive technology or research information submitted in an application.

   Inserted: (B) Information not subject to designation.--An applicant may not designate as proprietary information any information described in subparagraph (H) or (I) of paragraph (2).

   Inserted: (C) Designation.--

   Inserted: (i) In general.--If an applicant for covered domestic assistance designates information as proprietary under subparagraph, the information shall not be submitted to Congress or the Comptroller General under paragraph (2).

   Inserted: (ii) Agency may not designate.--An agency may not designate information as proprietary under this paragraph.

   Inserted: (4) Classified programs.--If covered domestic assistance is inherently classified in nature, the report submitted under paragraph (2) may be submitted in classified form or transmitted to Congress and the Comptroller General using other means determined appropriate by the Comptroller General.

   Inserted: (5) Exemptions.--

   Inserted: (A) Multi-year awards.--The head of an agency is not required to submit a report under paragraph (2) and may award covered domestic assistance without regard to paragraph (1) if the award is--

   Inserted: (i) a continuation of funding under an award for which the head of the agency disclosed information in a previous fiscal year under subparagraphs (C) and (D) of paragraph (2); and

   Inserted: (ii) in an amount that is not more than the amount the head of the agency indicated was to be awarded for the fiscal year under paragraph (2)(D).

   Inserted: (B) Smaller awards.--

   Inserted: (i) In general.--Subject to clause (ii), the head of an agency is not required to submit a report under paragraph (2) and may award covered domestic assistance without regard to paragraph (1) if--

   Inserted: (I) for a 1-year award, the award is in an amount that would have been in the lowest 10 percent of the amounts of awards of covered domestic assistance for the previous fiscal year; and

   Inserted: (II) for a multi-year award, the total amount of the award over all fiscal years is in an amount that would have be in the lowest 10 percent of the amounts of awards of covered domestic assistance for the previous fiscal year.

   Inserted: (ii) Restriction.--During any fiscal year, the head of an agency may not make under clause (i) more than the number of covered domestic assistance awards equal to 10 percent of the number of awards of covered domestic assistance made by the head of the agency during the previous fiscal year.

   Inserted: (6) Report.--The Inspector General with jurisdiction of an agency that awards covered domestic assistance under paragraph (5) shall submit to Congress an annual report evaluating a representative sample of such awards. The report shall indicate whether the agency operated within the authority under paragraph (5) and evaluate whether the agency acted in accordance with the intent of Congress.

   Inserted: (c) Database.--

   Inserted: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall establish and maintain an online database of the information submitted under subsection (b), which--

   Inserted: (A) shall be accessible by Members of Congress and appropriate congressional employees;

   Inserted: (B) shall be easily navigable, searchable, and sortable; and

   Inserted: (C) shall be accessible by the public.

   Inserted: (2) Receipt and posting of information.--The Comptroller General shall--

   Inserted: (A) develop a means for agencies to submit all information required under subsection (b) electronically; and

   Inserted: (B) not later than 2 business days after receiving information from an agency under subsection (b), include the information in the database established under paragraph (1).

   Inserted: (3) Use of existing infrastructure.--

   Inserted: (A) In general.--To the greatest extent practicable, the Comptroller General shall--

   Inserted: (i) develop a means of submitting information that is comparable and may be integrated into information technology infrastructure and grant management systems of agencies that are in use on the date of enactment of this Act; and

   Inserted: (ii) use and build from reporting technology and databases of agencies in use on the date of enactment of this Act, including Recovery.gov and USAspending.gov.

   Inserted: (B) Information from agencies.--Upon request, the head of each agency shall make available to the Comptroller General the software required for any infrastructure, system, technology, or database described in subparagraph (A) for purposes of developing an integrated system.

   Inserted: (d) Procedures in the House of Representatives and Senate.--

   Inserted: (1) Definitions.--In this subsection--

   Inserted: (A) the term "first House" means the House that transmitted to the other House a joint resolution of that House;

   Inserted: (B) the term "joint resolution" means only a joint resolution--

   Inserted: (i) introduced during the period beginning on the date on which a report regarding a proposed award of covered domestic assistance is received by Congress under subsection (b) and ending 45 days thereafter;

   Inserted: (ii) the matter after the resolving clause of which is as follows: "That the proposed award of covered domestic assistance (as defined in the Bureaucratic Earmark Disclosure Act of 2011) to __________

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   Original wording

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As printed