To ensure adequate planning and reporting relating to the use of funds made available under the American Recovery and Reinvestment Act of 2009.

SA 3442. Mr. WARNER (for himself and Mr. Crapo) submitted an
amendment intended to be proposed to amendment SA 3336 proposed by Mr.
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of
1986 to extend certain expiring provisions, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ARRA PLANNING AND REPORTING.

Section 1512 of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5; 123 Stat. 287) is amended--
(1) in subsection (d)--
(A) in the subsection heading, by inserting ``Plans and''
after ``Agency'';
(B) by striking ``Not later than'' and inserting the
following:
``(1) Definition.--In this subsection, the term `covered
program' means a program for which funds are appropriated
under this division--
``(A) in an amount that is--
``(i) more than $2,000,000,000; and
``(ii) more than 150 percent of the funds appropriated for
the program for fiscal year 2008; or
``(B) that did not exist before the date of enactment of
this Act.
``(2) Plans.--Not later than July 1, 2010, the head of each
agency that distributes recovery funds shall submit to
Congress and make available on the website of the agency a
plan for each covered program, which shall, at a minimum,
contain--
``(A) a description of the goals for the covered program
using recovery funds;
``(B) a discussion of how the goals described in
subparagraph (A) relate to the goals for ongoing activities
of the covered program, if applicable;
``(C) a description of the activities that the agency will
undertake to achieve the goals described in subparagraph (A);
``(D) a description of the total recovery funding for the
covered program and the recovery funding for each activity
under the covered program, including identifying whether the
activity will be carried out using grants, contracts, or
other types of funding mechanisms;
``(E) a schedule of milestones for major phases of the
activities under the covered program, with planned delivery
dates;
``(F) performance measures the agency will use to track the
progress of each of the activities under the covered program
in meeting the goals described in subparagraph (A), including
performance targets, the frequency of measurement, and a
description of the methodology for each measure;
``(G) a description of the process of the agency for the
periodic review of the progress of the covered program
towards meeting the goals described in subparagraph (A); and
``(H) a description of how the agency will hold program
managers accountable for achieving the goals described in
subparagraph (A).
``(3) Reports.--
``(A) In general.--Not later than''; and
(C) by adding at the end the following:
``(B) Reports on plans.--Not later than 30 days after the
end of the calendar quarter ending September 30, 2010, and
every calendar quarter thereafter during which the agency
obligates or expends recovery funds, the head of each agency
that developed a plan for a covered program under paragraph
(2) shall submit to Congress and make available on a website
of the agency a report for each covered program that--
``(i) discusses the progress of the agency in implementing
the plan;
``(ii) describes the progress towards achieving the goals
described in paragraph (2)(A) for the covered program;
``(iii) discusses the status of each activity carried out
under the covered program, including whether the activity is
completed;
``(iv) details the unobligated and unexpired balances and
total obligations and outlays under the covered program;
``(v) discusses--

``(I) whether the covered program has met the milestones
for the covered program described in paragraph (2)(E);
``(II) if the covered program has failed to meet the
milestones, the reasons why; and
``(III) any changes in the milestones for the covered
program, including the reasons for the change;

``(vi) discusses the performance of the covered program,
including--

``(I) whether the covered program has met the performance
measures for the covered program described in paragraph
(2)(F);
``(II) if the covered program has failed to meet the
performance measures, the reasons why; and
``(III) any trends in information relating to the
performance of the covered program; and

``(vii) evaluates the ability of the covered program to
meet the goals of the covered program given the performance
of the covered program.'';
(2) in subsection (f)--
(A) by striking ``Within 180 days'' and inserting the
following:
``(1) In general.--Within 180 days''; and
(B) by adding at the end the following:
``(2) Penalties.--
``(A) In general.--Subject to subparagraphs (B), (C), and
(D), the head of an agency distributing recovery funds may
impose a civil penalty in an amount not more than $250,000 on
a recipient of recovery funds from the agency that does not
provide the information required under subsection (c) or
knowingly provides information under subsection (c) that
contains a material omission or misstatement. Any amounts
received from a civil penalty under this paragraph shall be
deposited in the general fund of the Treasury.
``(B) Notification.--

[[Page S1270]]

``(i) In general.--The head of an agency shall provide a
written notification to a recipient of recovery funds from
the agency that fails to provide the information required
under subsection (c). A notification under this subparagraph
shall provide the recipient with information on how to comply
with the necessary reporting requirements and notice of the
penalties for failing to do so.
``(ii) Limitation.--The head of an agency may not impose a
civil penalty under subparagraph (A) relating to the failure
to provide information required under subsection (c) if, not
later than 31 days after the date of the notification under
clause (i), the recipient of the recovery funds provides the
information.
``(C) Guidelines.--In determining the amount of a penalty
under this paragraph for a recipient of recovery funds, the
head of an agency shall consider--
``(i) the number of times the recipient has failed to
provide the information required under subsection (c);
``(ii) the amount of recovery funds provided to the
recipient;
``(iii) whether the recipient is a government, nonprofit
entity, or educational institution; and
``(iv) whether the recipient is a small business concern
(as defined under section 3 of the Small Business Act (15
U.S.C. 632)), with particular consideration given to
businesses with not more than 50 employees.
``(D) Applicability.--This paragraph shall apply to any
grant, contract, task order, or other type of funding
mechanism--
``(i) made or entered into after the date of enactment of
this paragraph (including any renewal of a grant, contract,
task order, or other type of funding mechanism after the date
of enactment of this paragraph); or
``(ii) that includes terms allowing the terms of the grant,
contract, task order, or other type of funding mechanism to
be modified by Act of Congress.
``(E) Nonexclusivity.--The imposition of a civil penalty
under this subsection shall not preclude any other criminal,
civil, or administrative remedy available to the United
States or any other person under Federal or State law.
``(3) Technical assistance.--Each agency distributing
recovery funds shall provide technical assistance, as
necessary, to assist recipients of recovery funds in
complying with the requirements to provide information under
subsection (c), which shall include providing recipients with
a reminder regarding each reporting requirement.
``(4) Public listing.--
``(A) In general.--Not later than 45 days after the end of
each calendar quarter, and subject to the notification
requirements under paragraph (2)(B), each agency distributing
recovery funds shall make available on a website of the
agency a list of all recipients of recovery funds from the
agency that did not provide the information required under
subsection (c) for the calendar quarter.
``(B) Contents.--A list made available under subparagraph
(A) shall, for each recipient of recovery funds on the list,
include the name and address of the recipient, the
identification number for the award, the amount of recovery
funds awarded to the recipient, a description of the activity
for which the recovery funds were provided, and, to the
extent known by the head of the agency, the reason for
noncompliance.
``(5) Regulations and reporting.--
``(A) Regulations.--Not later than 90 days after the date
of enactment of this paragraph, the Attorney General, in
consultation with the Director of the Office of Management
and Budget and the Chairperson, shall promulgate regulations
regarding implementation of this section by agencies.
``(B) Reporting.--
``(i) In general.--Not later than July 1, 2010, and every 3
months thereafter, the Director of the Office of Management
and Budget, in consultation with the Chairperson, shall
submit to Congress a report on the extent of noncompliance by
recipients of recovery funds with the reporting requirements
under this section.
``(ii) Contents.--Each report submitted under clause (i)
shall include--

``(I) information, for the quarter and in total, regarding
the number and amount of civil penalties imposed and
collected under this subsection, sorted by agency and
program;
``(II) information on the steps taken by the Federal
Government to reduce the level of noncompliance; and
``(III) any other information determined appropriate by the
Director.''; and

(3) by adding at the end the following:
``(i) Termination.--The reporting requirements under this
section shall terminate on September 30, 2013.''.
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