I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Earmark Performance 

5 and Accountability Act of 2010’’. 

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

7 (a) IN GENERAL.—A non-Federal entity shall con8 duct an audit using an independent external auditor, as 

9 determined by the Comptroller General, of any program, 


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1 project, or activity that is administered by such non-Fed2 eral entity and is funded through an earmark. 

3 (b) FUNDING FOR AUDIT.—Each non-Federal entity 

4 that administers a program, project, or activity that is 

5 funded through an earmark shall set aside such sums as 

6 may be necessary to conduct an audit under subsection 

7 (a) of such program, project, or activity. 

8 (c) REPORT TO CONGRESS.—Each non-Federal enti9 ty that conducts an audit under subsection (a) of a pro10 gram, project, or activity shall, not later than 180 days 

11 after the earmarked funds for the program, project, or ac12 tivity are received by the entity, submit to Congress a re13 port about such audit that includes a determination from 

14 the audit whether the earmarked funds are being spent 

15 efficiently and effectively and whether the program, 

16 project, or activity is meeting any applicable stated pur17 pose. 

18 (d) DEFINITIONS.— 

19 (1) FUNDED THROUGH AN EARMARK.—The 

20 term ‘‘funded through an earmark’’, with respect to 

21 a program, project, or activity, means that the pro22 gram, project, or activity is included on— 

23 (A) a list of ‘‘congressional earmarks’’ gen24 erated under the Rules of the House of Rep25 resentatives; 


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1 (B) a list of ‘‘congressionally directed 

2 spending’’ generated under the Standing Rules 

3 of the Senate; or 

4 (C) on both such lists. 

5 (2) NON-FEDERAL ENTITY.—The term ‘‘non6 Federal entity’’ means a State, a local government, 

7 a nonprofit organization, or a private entity. 

8 SEC. 3. EARMARK AUDITS BY AGENCIES. 

9 Section 3521 of title 31, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(j)(1) Except as provided under paragraph (2), an 

12 agency that conducts an audit of any program, project, 

13 or activity that is administered by the agency and is fund14 ed through an earmark shall submit to Congress the re15 sults of the audit, not later than 30 days after the audit 

16 is completed. 

17 ‘‘(2) In the case of any program, project, or activity 

18 that is administered by an agency and is funded through 

19 an earmark for an amount greater than $5,000,000, the 

20 agency shall conduct an audit of the program, project, or 

21 activity, and shall, not later than 180 days after the ear22 marked funds for the program, project, or activity are re23 ceived by the agency, submit to Congress the results of 

24 the audit. Such audit shall include a determination from 

25 the audit whether the earmarked funds are being spent 


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1 efficiently and effectively and whether the program, 

2 project, or activity is meeting any applicable stated pur3 pose. 

4 ‘‘(3) For purposes of this subsection, the term ‘fund5 ed through an earmark’, with respect to a program, 

6 project, or activity, means that the program, project, or 

7 activity is included on— 

8 ‘‘(A) a list of ‘congressional earmarks’ gen9 erated under the Rules of the House of Representa10 tives; 

11 ‘‘(B) a list of ‘congressionally directed spend12 ing’ generated under the Standing Rules of the Sen13 ate; or 

14 ‘‘(C) on both such lists.’’. 

15 SEC. 4. PUBLIC AVAILABILITY OF AUDIT RESULTS. 

16 Each report submitted to Congress under section 2, 

17 and the results of any audit submitted to Congress under 

18 section 3521(j) of title 31, United States Code, as added 

19 by section 3, shall also be transmitted to the Government 

20 Accountability Office, and the Government Accountability 

21 Office shall make the report available to the public 

22 through a Web site. 

Æ 


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