111TH CONGRESS

1ST SESSION

H. R.

Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Mr. OBEY, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, 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 “American Recovery and Reinvestment Act of 2009”.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

  1. TITLE I—GENERAL PROVISIONS
  2. TITLE II—AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENT
  3. TITLE III—COMMERCE, JUSTICE, AND SCIENCE
  4. TITLE IV—DEFENSE
  5. TITLE V—ENERGY AND WATER
  6. TITLE VI—FINANCIAL SERVICES AND GENERAL GOVERNMENT
  7. TITLE VII—HOMELAND SECURITY
  8. TITLE VIII—INTERIOR AND ENVIRONMENT
  9. TITLE IX—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
  10. TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS
  11. TITLE XI—DEPARTMENT OF STATE
  12. TITLE XII—TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT
  13. TITLE XIII—STATE FISCAL STABILIZATION FUND

SEC. 3. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes.

GENERAL PROVISIONS

Use of Funds

SEC. 1101. PURPOSES AND PRINCIPLES.

  1. STATEMENT OF PURPOSES.
    The purposes of this Act include the following:
    1. To preserve and create jobs and promote economic recovery.
    2. To assist those most impacted by the recession.
    3. To provide investments needed to increase economic efficiency by spurring technological advances in science and health.
    4. To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits.
    5. To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases.
  2. GENERAL PRINCIPLES CONCERNING USE OF FUNDS.

    The President and the heads of Federal departments and agencies shall manage and expend the funds made available in this Act so as to achieve the purposes specified in subsection (a), including commencing expenditures and activities as quickly as possible consistent with prudent management.

SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES.

In using funds made available in this Act for infrastructure investment, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act.

Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit.

SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS.

  1. FORMULA GRANTS.

    Formula grants using funds made available in this Act shall be awarded not later than 30 days after the date of the enactment of this Act (or, in the case of appropriations not available upon enactment, not later than 30 days after the appropriation becomes available for obligation), unless expressly provided otherwise in this Act.

  2. COMPETITIVE GRANTS.

    Competitive grants using funds made available in this Act shall be awarded not later than 90 days after the date of the enactment of this Act (or, in the case of appropriations not available upon enactment, not later than 90 days after the appropriation becomes available for obligation), unless expressly provided otherwise in this Act.

  3. ADDITIONAL PERIOD FOR NEW PROGRAMS.

    The time limits specified in subsections (a) and (b) may each be extended by up to 30 days in the case of grants for which funding was not provided in fiscal year 2008.

SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANTEES.

  1. DEADLINE FOR BINDING COMMITMENTS.

    Each recipient of a grant made using amounts made available in this Act in any account listed in subsection (c) shall enter into contracts or other binding commitments not later than 1 year after the date of the enactment of this Act (or not later than 9 months after the grant is awarded, if later) to make use of 50 percent of the funds awarded, and shall enter into contracts or other binding commitments not later than 2 years after the date of the enactment of this Act (or not later than 21 months after the grant is awarded, if later) to make use of the remaining funds. In the case of activities to be carried out directly by a grant recipient (rather than by contracts, subgrants, or other arrangements with third parties), a certification by the recipient specifying the amounts, planned timing, and purpose of such expenditures shall be deemed a binding commitment for purposes of this section.

  2. REDISTRIBUTION OF UNCOMMITTED FUNDS.

    The head of the Federal department or agency involved shall recover or deobligate any grant funds not committed in accordance with subsection (a), and redistribute such funds to other recipients eligible under the grant program and able to make use of such funds in a timely manner (including binding commitments within 120 days after the reallocation).

  3. APPROPRIATIONS TO WHICH THIS SECTION APPLIES.

    This section shall apply to grants made using amounts appropriated in any of the following accounts within this Act:

    1. “Environmental Protection Agency—State and Tribal Assistance Grants”
    2. “Department of Transportation—Federal Aviation Administration—Grants-in-Aid for Airports”.
    3. “Department of Transportation—Federal Railroad Administration—Capital Assistance for Intercity Passenger Rail Service”.
    4. “Department of Transportation—Federal Transit Administration—Capital Investment Grants”.
    5. “Department of Transportation—Federal Transit Administration—Fixed Guideway Infrastructure Investment”.
    6. “Department of Transportation—Federal Transit Administration—Transit Capital Assistance”.
    7. “Department of Housing and Urban Development—Public and Indian Housing—Public Housing Capital Fund”.
    8. “Department of Housing and Urban Development—Public and Indian Housing—Elderly, Disabled, and Section 8 Assisted Housing Energy Retrofit”.
    9. “Department of Housing and Urban Development—Public and Indian Housing—Native American Housing Block Grants”.
    10. “Department of Housing and Urban Development—Community Planning and Develop8 ment—HOME Investment Partnerships Program”.
    11. “Department of Housing and Urban Development—Community Planning and Development—Self-Help and Assisted Homeownership Opportunity Program”.

SEC. 1105. PERIOD OF AVAILABILITY.

  1. IN GENERAL

    All funds appropriated in this Act shall remain available for obligation until September 30, 2010, unless expressly provided otherwise in this Act.

  2. REOBLIGATION

    Amounts that are not needed or cannot be used for the activity for which originally obligated may be deobligated and, notwithstanding the limitation on availability specified in subsection (a), reobligated for other activities that have received funding from the same account or appropriation in this Act.

SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT.

Unless other provision is made in this Act (or in other applicable law) for such expenses, up to 0.5 percent of each amount appropriated in this Act may be used for the expenses of management and oversight of the programs, grants, and activities funded by such appropriation, and may be transferred by the head of the Federal department or agency involved to any other appropriate account within the department or agency for that purpose. Funds set aside under this section shall remain available for obligation until September 30, 2012.

SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL.

In addition to funds otherwise made available in this Act, there are hereby appropriated the following sums to the specified Offices of Inspector General, to remain available until September 30, 2013, for oversight and audit of programs, grants, and projects funded under this Act:

  1. “Department of Agriculture—Office of Inspector General”, $22,500,000.
  2. “Department of Commerce—Office of Inspector General”, $10,000,000.
  3. “Department of Defense—Office of the Inspector General”, $15,000,000.
  4. “Department of Education—Departmental Management—Office of the Inspector General”, $14,000,000.
  5. “Department of Energy—Office of Inspector General”, $15,000,000.
  6. “Department of Health and Human Services—Office of the Secretary—Office of Inspector General”, $19,000,000.
  7. “Department of Homeland Security—Office of Inspector General”, $2,000,000.
  8. “Department of Housing and Urban Development—Management and Administration—Office of Inspector General”, $15,000,000.
  9. “Department of the Interior—Office of Inspector General”, $15,000,000.
  10. “Department of Justice—Office of Inspector General”, $2,000,000.
  11. “Department of Labor—Departmental Management—Office of Inspector General”, $6,000,000.
  12. “Department of Transportation—Office of Inspector General”, $20,000,000.
  13. “Department of Veterans Affairs—Office of Inspector General”, $1,000,000.
  14. “Environmental Protection Agency—Office of Inspector General”, $20,000,000.
  15. “General Services Administration—General Activities—Office of Inspector General”, $15,000,000.
  16. “National Aeronautics and Space Administration—Office of Inspector General”, $2,000,000.
  17. “National Science Foundation—Office of Inspector General”, $2,000,000.
  18. “Small Business Administration—Office of Inspector General”, $10,000,000.
  19. “Social Security Administration—Office of Inspector General”, $2,000,000.
  20. “Corporation for National and Community Service—Office of Inspector General”, $1,000,000.

SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNTABILITY OFFICE.

There is hereby appropriated as an additional amount for “Government Accountability Office—Salaries and Expenses” $25,000,000, for oversight activities relating to this Act.

SEC. 1109. PROHIBITED USES.

None of the funds appropriated or otherwise made available in this Act may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.

SEC. 1110. RELATIONSHIP TO OTHER APPROPRIATIONS.

Each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved. Enactment of this Act shall have no effect on the availability of amounts under the Continuing Appropriations Resolution, 2009 (division A of Public Law 110-329).

SEC. 1111. EMERGENCY DESIGNATION.

Each amount in this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009.

Accountability in Recovery Act Spending

PART 1 — TRANSPARENCY AND OVERSIGHT REQUIREMENTS

SEC. 1201. TRANSPARENCY REQUIREMENTS.

  1. REQUIREMENTS FOR FEDERAL AGENCIES.

    Each Federal agency shall publish on the website Recovery.gov (as established under section 1226 of this subtitle)—

    1. a plan for using funds made available in this Act to the agency; and
    2. all announcements for grant competitions, allocations of formula grants, and awards of competitive grants using those funds.
  2. REQUIREMENTS FOR FEDERAL, STATE, AND LOCAL GOVERNMENT AGENCIES.
    1. INFRASTRUCTURE INVESTMENT FUNDING.

      With respect to funds made available under this Act for infrastructure investments to Federal, State, or local government agencies, the following requirements apply:

      1. Each such agency shall notify the public of funds obligated to particular infrastructure investments by posting the notification on the website Recovery.gov.
      2. The notification required by subparagraph (A) shall include the following:
        1. A description of the infrastructure investment funded.
        2. The purpose of the infrastructure investment.
        3. The total cost of the infrastructure investment.
        4. The rationale of the agency for funding the infrastructure investment with funds made available under this Act.
      3. The name of the person to contact at the agency if there are concerns with the infrastructure investment and, with respect to Federal agencies, an email address for the Federal official in the agency whom the public can contact.
      4. In the case of State or local agencies, a certification from the Governor, mayor, or other chief executive, as appropriate, that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. A State or local agency may not receive infrastructure investment funding from funds made available in this Act unless this certification is made.
    2. OPERATIONAL FUNDING.—

      With respect to funds made available under this Act in the form of grants for operational purposes to State or local government agencies or other organizations, the agency or organization shall publish on the website Recovery.gov a description of the intended use of the funds, including the number of jobs sustained or created.

  3. AVAILABILITY ON INTERNET OF CONTRACTS AND GRANTS.

    Each contract awarded or grant issued using funds made available in this Act shall be posted on the Internet and linked to the website Recovery.gov. Proprietary data that is required to be kept confidential under applicable Federal or State law or regulation shall be redacted before posting.

SEC. 1202. INSPECTOR GENERAL REVIEWS.

  1. REVIEWS.—

    Any inspector general of a Federal department or executive agency shall review, as appropriate, any concerns raised by the public about specific investments using funds made available in this Act. Any findings of an inspector general resulting from such a review shall be relayed immediately to the head of each department and agency. In addition, the findings of such reviews, along with any audits conducted by any inspector general of funds made available in this Act, shall be posted 16 on the Internet and linked to the website Recovery.gov.

  2. EXAMINATION OF RECORDS.—

    The Inspector General of the agency concerned may examine any records related to obligations of funds made available in this Act.

SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEWS AND REPORTS.

  1. REVIEWS AND REPORTS.

    The Comptroller General of the United States shall conduct bimonthly reviews and prepare reports on such reviews on the use by selected States and localities of funds made available in this Act.

    Such reports, along with any audits conducted by the Comptroller General of such funds, shall be posted on the Internet and linked to the website Recovery.gov.

  2. EXAMINATION OF RECORDS.

    The Comptroller General may examine any records related to obligations of funds made available in this Act. SEC. 1204.

COUNCIL OF ECONOMIC ADVISERS REPORTS.

The Chairman of the Council of Economic Advisers, in consultation with the Director of the Office of Management and Budget and the Secretary of the Treasury, shall submit quarterly reports to Congress detailing the estimated impact of programs under this Act on employment, economic growth, and other key economic indicators.

SEC. 1205. SPECIAL CONTRACTING PROVISIONS.

The Federal Acquisition Regulation shall apply to contracts awarded with funds made available in this Act. To the maximum extent possible, such contracts shall be awarded as fixed-price contracts through the use of competitive procedures. Existing contracts so awarded may be utilized in order to obligate such funds expeditiously. Any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures shall be posted in a special section of the website Recovery.gov.

PART 2—ACCOUNTABILITY AND TRANSPARENCY BOARD

SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND TRANSPARENCY BOARD.

There is established a board to be known as the “Recovery Act Accountability and Transparency Board” (hereafter in this subtitle referred to as the “Board”) to coordinate and conduct oversight of Federal spending under this Act to prevent waste, fraud, and abuse.

SEC. 1222. COMPOSITION OF BOARD.

  1. MEMBERSHIP.

    The Board shall be composed of seven members as follows:

    1. The Chief Performance Officer of the President, who shall chair the Board.
    2. Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act.
  2. TERMS.

    Each member of the Board shall serve for a term to be determined by the President.

SEC. 1223. FUNCTIONS OF THE BOARD.

  1. OVERSIGHT.

    The Board shall coordinate and conduct oversight of spending under this Act to prevent waste, fraud, and abuse. In addition to responsibilities setforth in this subtitle, the responsibilities of the Board shall include the following:

    1. Ensuring that the reporting of information regarding contract and grants under this Act meets applicable standards and specifies the purpose of the contract or grant and measures of performance.
    2. Verifying that competition requirements applicable to contracts and grants under this Act and other applicable Federal law have been satisfied.
    3. Investigating spending under this Act to de11 termine whether wasteful spending, poor contract or grant management, or other abuses are occurring.
    4. Reviewing whether there are sufficient qualified acquisition and grant personnel overseeing spending under the this Act.
    5. Reviewing whether acquisition and grant personnel receive adequate training and whether there are appropriate mechanisms for interagency collaboration.
  2. REPORTS.
    1. FLASH AND OTHER REPORTS.

      The Board shall submit to Congress reports, to be known as “flash reports”, on potential management and funding problems that require immediate attention. The Board also shall submit to Congress such other reports as the Board considers appropriate on the use and benefits of funds made available in this Act.

    2. QUARTERLY.

      The Board shall submit to the President and Congress quarterly reports summarizing its findings and the findings of agency inspectors general and may issue additional reports as appropriate.

    3. ANNUALLY.

      On an annual basis, the Board shall prepare a consolidated report on the use of funds under this Act. All reports shall be publicly available and shall be posted on the Internet website Recovery.gov, except that portions of reports may be redacted if the portions would disclose information that is protected from public disclosure under section 552 of title 5, United States Code (popularly known as the Freedom of Information Act).

    4. RECOMMENDATIONS TO AGENCIES.

      The Board shall make recommendations to Federal agencies on measures to prevent waste, fraud, and abuse. A Federal agency shall, within 30 days after receipt of any such recommendation, submit to the Board, the President, and the congressional committees of jurisdiction a report on whether the agency agrees or disagrees with the recommendations and what steps, if any, the agency plans to take to implement the recommendations.

SEC. 1224. POWERS OF THE BOARD.

  1. COORDINATION OF AUDITS AND INVESTIGATIONS BY AGENCY INSPECTORS GENERAL.—The Board shall coordinate the audits and investigations of spending under this Act by agency inspectors general.
  2. CONDUCT OF REVIEWS BY BOARD.—The Board may conduct reviews of spending under this Act and may collaborate on such reviews with any inspector general.
  3. MEETINGS.—The Board may, for the purpose of carrying out its duties under this Act, hold public meetings, sit and act at times and places, and receive information as the Board considers appropriate. The Board shall meet at least once a month.
  4. OBTAINING OFFICIAL DATA.—The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the Chairman of the Board, the head of that department or agency shall furnish that information to the Board.
  5. CONTRACTS.—The Board may enter into contracts to enable the Board to discharge its duties under this Act.

SEC. 1225. STAFFING.

  1. EXECUTIVE DIRECTOR.

    The Chairman of the Board may appoint and fix the compensation of an executive director and other personnel as may be required to carry out the functions of the Board. The Director shall be paid at the rate of basic pay for level IV of the Executive Schedule.

  2. STAFF OF FEDERAL AGENCIES.

    Upon request of the Board, the head of any Federal department or agency may detail any Federal official or employee, including officials and employees of offices of inspector general, to the Board without reimbursement from the Board, and such detailed staff shall retain the rights, status, and privileges of his or her regular employment without interruption.

  3. OFFICE SPACE.

    Office space shall be provided 13 to the Board within the Executive Office of the President.

SEC. 1226. RECOVERY.GOV.

  1. REQUIREMENT TO ESTABLISH WEBSITE.

    The Board shall establish and maintain a website on the Internet to be named Recovery.gov, to foster greater accountability and transparency in the use of funds made available in this Act.

  2. PURPOSE.

    Recovery.gov shall be a portal or gateway to key information related to this Act and provide a window to other Government websites with related information.

  3. MATTERS COVERED.

    In establishing the website Recovery.gov, the Board shall ensure the following:

    1. The website shall provide materials explaining what this Act means for citizens. The materials shall be easy to understand and regularly updated.
    2. The website shall provide accountability information, including a database of findings from audits, inspectors general, and the Government Accountability Office.
    3. The website shall provide data on relevant economic, financial, grant, and contract information in user-friendly visual presentations to enhance pub11 lic awareness of the use funds made available in this Act.
    4. The website shall provide detailed data on contracts awarded by the Government for purposes of carrying out this Act, including information about the competitiveness of the contracting process, noti17 fication of solicitations for contracts to be awarded, and information about the process that was used for the award of contracts.
    5. The website shall include printable reports on funds made available in this Act obligated by month to each State and congressional district.
    6. The website shall provide a means for the public to give feedback on the performance of contracts awarded for purposes of carrying out this Act.
    7. The website shall be enhanced and updated as necessary to carry out the purposes of this subtitle.
SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF INSPECTORS GENERAL.

Inspectors general shall retain independent authority to determine whether to conduct an audit or investigation of spending under this Act. If the Board requests that an inspector general conduct or refrain from conducting an audit or investigation and the inspector general rejects the request in whole or in part, the inspector general shall, within 30 days after receipt of the request, submit to the Board, the agency head, and the congressional committees of jurisdiction a report explaining why the inspector general has rejected the request in whole or in part.

SEC. 1228. COORDINATION WITH THE COMPTROLLER GENERAL AND STATE AUDITORS.

The Board shall coordinate its oversight activities with the Comptroller General of the United States and State auditor generals.

SEC. 1229. INDEPENDENT ADVISORY PANEL

  1. ESTABLISHMENT.

    There is established a panel to be known as the “Independent Advisory Panel” to advise the Board.

  2. MEMBERSHIP.

    The Panel shall be composed of five members appointed by the President from among individuals with expertise in economics, public finance, contracting, accounting, or other relevant fields.

  3. FUNCTIONS.

    The Panel shall make recommendations to the Board on actions the Board could take to prevent waste, fraud, and abuse in Federal spending under this Act.

  4. TRAVEL EXPENSES.

    Each member of the Panel shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

SEC. 1230. FUNDING.

There is hereby appropriated to the Board 16 $14,000,000 to carry out this subtitle.

SEC. 1231. BOARD TERMINATION.

The Board shall terminate 12 months after 90 percent of the funds made available under this Act have been expended, as determined by the Director of the Office of Management and Budget.