CONGRESSIONAL EARMARKS RELATING TO THE DEPARTMENT OF DEFENSE.

SEC. 1062. CONGRESSIONAL EARMARKS RELATING TO THE DEPARTMENT OF DEFENSE.(a) Report on Recurring Earmarks.—(1) Report required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding covered earmarks.(2) Elements.—The report required by paragraph (1) shall include the following:(A) An identification of each covered earmark that has been included in a national defense authorization Act 123 STAT. 2469 for three or more consecutive fiscal years as of the date of the enactment of this Act.(B) A description of the extent to which competitive or merit-based procedures were used to award funding, or to enter into a contract, grant, or other agreement, pursuant to each covered earmark.(C) An identification of the specific contracting vehicle used for each covered earmark.(D) In the case of any covered earmark for which competitive or merit-based procedures were not used to award funding, or to enter into the contract, grant, or other agreement, a statement of the reasons competitive or merit-based procedures were not used.(b) DoD Inspector General Audit of Congressional Earmarks.—The Inspector General of the Department of Defense shall conduct an audit of contracts, grants, or other agreements pursuant to congressional earmarks of Department of Defense funds to determine whether or not the recipients of such earmarks are complying with requirements of Federal law on the use of appropriated funds to influence, whether directly or indirectly, congressional action on any legislation or appropriation matter pending before Congress.(c) Definitions.—In this section:(1) The term “congressional earmark” means any congressionally directed spending item (Senate) or congressional earmark (House of Representatives) on a list published in compliance with rule XLIV of the Standing Rules of the Senate or rule XXI of the Rules of the House of Representatives.(2) The term “covered earmark” means any congressional earmark identified in the joint explanatory statement to accompany the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) that was printed in the Congressional Record on September 23, 2008.(3) The term “national defense authorization Act” means an Act authorizing funds for a fiscal year for the military activities of the Department of Defense, and for other purposes.