Earmark Performance and Accountability Act of 2010 - Requires a state, a local government, a nonprofit organization, or a private entity (non-federal entity) to: (1) conduct an audit using an independent external auditor of any program, project, or activity it administers that is funded through an earmark; and (2) report to Congress about such audit, including whether the earmarked funds are being spent efficiently and effectively and whether the program, project, or activity is meeting any applicable stated purpose.
States that such program, project, or activity is funded through an earmark if it is included on: (1) a list of congressional earmarks generated under the Rules of the House of Representatives; (2) a list of congressionally directed spending generated under the Standing Rules of the Senate; or (3) both such lists.
Requires a federal agency that conducts an audit of any program, project, or activity it administers that is funded through an earmark to report to Congress on its results, including whether the earmarked funds are being spent efficiently and effectively and whether the program, project, or activity is meeting any applicable stated purpose.
Requires each such report to be transmitted to the Government Accountability Office (GAO) and GAO to make them publicly available on its website.
[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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Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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