I 111th CONGRESS 2d Session H. R. 4560 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.

1.

Short title

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

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.

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. .

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.