II
Calendar No. 121
111th CONGRESS
1st Session
S. 1064
[Report No. 111–56]
IN THE SENATE OF THE UNITED STATES
May 18, 2009
Mr. Lieberman (for himself, Ms. Collins, Mr. Burris, Mrs. McCaskill, Mr. Feingold, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
July 22, 2009
Reported by Mr. Lieberman, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To amend the American Recovery and Reinvestment Act of 2009 to provide for enhanced State and local oversight of activities conducted under such Act, and for other purposes.
Short title
This Act may be cited as the
Enhanced Oversight of State and Local
Economic Recovery Act
.
Requirements for funding for State and local oversight under American Recovery and Reinvestment Act of 2009
Federal agency requirement
Section 1552 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 297) is amended—
by inserting
(a) Federal agency
requirement.—
before Federal agencies
receiving
;
by striking
may,
and all that follows through reasonably
and
inserting shall, subject to guidance from the Director of the Office of
Management and Budget,
; and
by striking
data collection requirements
and inserting data
collection requirements, auditing, contract and grant planning and management,
and investigations of waste, fraud, and abuse
.
State and local government authority
Such section is further amended by adding at the end the following:
State and local government authority
Notwithstanding any other provision of law, State and local governments receiving funds under this Act may set aside an amount up to 0.5 percent of such funds, in addition to any funds already allocated to administrative expenditures, to conduct planning and oversight to prevent and detect waste, fraud, and abuse.
.
Technical and conforming amendment
The heading for section 1552 of such Act is amended to read as follows:
Funding for State and local government oversight
.
Authorization for acquisition by State and local governments through Federal supply schedules
Section 502 of title 40, United States Code, is amended by adding at the end the following:
Use of supply schedules for economic recovery
In general
The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for goods or services that are funded by the American Recovery and Reinvestment Act of 2009 (Public Law 111–5).
Voluntary use
In the case of the use by a State or local government of a Federal supply schedule under paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule.
Provisions to ensure proper usage by non-Federal users
The Administrator shall, for authorized non-Federal users of Federal Supply Schedules—
review the existing ordering guidance and, as necessary, prescribe additional guidance to ensure proper usage and to maximize task and delivery order competition;
make available the online electronic Request for Quote (RFQ)/Request for Proposal (RFP) system; and
make available, free of charge, training related to proper Schedule usage, including online training courses.
Definitions
The definitions in subsection (c)(3) shall apply for purposes of this subsection.
.
Definition of jobs created and jobs retained
Section 1512(g) of the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 288) is amended by adding
at the end The Director of the Office of Management and Budget shall
issue guidance to ensure accurate and consistent reporting of
.jobs
created
and jobs retained
as those terms are used in
subsection (c)(3)(D).
Federal Awards under the American Recovery and Reinvestment Act of 2009
Section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note; Public Law 109–282) is amended—
in subsection (b)—
by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and
by inserting after paragraph (1) the following:
Additional website content
Not later than 30 days after the date of enactment of the Enhanced Oversight of State and Local Economic Recovery Act, the Office of Management and Budget shall ensure that the website under this subsection—
clearly differentiates between projects funded under the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) and other Federal awards; and
provides users with the ability to perform searches for information in the website relating only to Federal awards funded by the American Recovery and Reinvestment Act of 2009 (Public Law 111–5).
; and
by adding after subsection (g) the following:
Weblink
The website Recovery.gov established under the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) shall contain a prominently displayed weblink on its front page to the website under this section.
.
July 22, 2009
Reported with amendments