[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4560 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4560

  To amend title 31, United States Code, to increase transparency and 
          accountability for earmarks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2010

 Mr. Kratovil introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
  To amend title 31, United States Code, to increase transparency and 
          accountability for earmarks, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Earmark Performance and 
Accountability Act of 2010''.

SEC. 2. EARMARK AUDITS BY NON-FEDERAL ENTITIES.

    (a) In General.--A non-Federal entity shall conduct an audit using 
an independent external auditor, as determined by the Comptroller 
General, of any program, project, or activity that is administered by 
such non-Federal entity and is funded through an earmark.
    (b) Funding for Audit.--Each non-Federal entity that administers a 
program, project, or activity that is funded through an earmark shall 
set aside such sums as may be necessary to conduct an audit under 
subsection (a) of such program, project, or activity.
    (c) Report to Congress.--Each non-Federal entity that conducts an 
audit under subsection (a) of a program, project, or activity shall, 
not later than 180 days after the earmarked funds for the program, 
project, or activity are received by the entity, submit to Congress a 
report about such audit that includes a determination from the audit 
whether the earmarked funds are being spent efficiently and effectively 
and whether the program, project, or activity is meeting any applicable 
stated purpose.
    (d) Definitions.--
            (1) Funded through an earmark.--The term ``funded through 
        an earmark'', with respect to a program, project, or activity, 
        means that the program, project, or activity is included on--
                    (A) a list of ``congressional earmarks'' generated 
                under the Rules of the House of Representatives;
                    (B) a list of ``congressionally directed spending'' 
                generated under the Standing Rules of the Senate; or
                    (C) on both such lists.
            (2) Non-federal entity.--The term ``non-Federal entity'' 
        means a State, a local government, a nonprofit organization, or 
        a private entity.

SEC. 3. EARMARK AUDITS BY AGENCIES.

    Section 3521 of title 31, United States Code, is amended by adding 
at the end the following:
    ``(j)(1) Except as provided under paragraph (2), an agency that 
conducts an audit of any program, project, or activity that is 
administered by the agency and is funded through an earmark shall 
submit to Congress the results of the audit, not later than 30 days 
after the audit is completed.
    ``(2) In the case of any program, project, or activity that is 
administered by an agency and is funded through an earmark for an 
amount greater than $5,000,000, the agency shall conduct an audit of 
the program, project, or activity, and shall, not later than 180 days 
after the earmarked funds for the program, project, or activity are 
received by the agency, submit to Congress the results of the audit. 
Such audit shall include a determination from the audit whether the 
earmarked funds are being spent efficiently and effectively and whether 
the program, project, or activity is meeting any applicable stated 
purpose.
    ``(3) For purposes of this subsection, the term `funded through an 
earmark', with respect to a program, project, or activity, means that 
the program, project, or activity is included on--
            ``(A) a list of `congressional earmarks' generated under 
        the Rules of the House of Representatives;
            ``(B) a list of `congressionally directed spending' 
        generated under the Standing Rules of the Senate; or
            ``(C) on both such lists.''.

SEC. 4. PUBLIC AVAILABILITY OF AUDIT RESULTS.

    Each report submitted to Congress under section 2, and the results 
of any audit submitted to Congress under section 3521(j) of title 31, 
United States Code, as added by section 3, shall also be transmitted to 
the Government Accountability Office, and the Government Accountability 
Office shall make the report available to the public through a Web 
site.
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