[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1472 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1472

   To establish reporting requirements each time funds from Troubled 
Assets Relief Program or the American Recovery and Reinvestment Act of 
 2009 are received or redistributed, and to establish a waste, fraud, 
       and abuse hotline for such funds, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2009

  Mrs. Blackburn (for herself, Mr. Hunter, Mr. Gohmert, Mr. Kline of 
   Minnesota, Mr. Chaffetz, Mr. Lamborn, Mr. Conaway, Mr. Gingrey of 
Georgia, Mr. Culberson, Mr. Manzullo, Mr. Smith of Texas, Mr. Akin, Mr. 
    Wamp, Mr. Latta, Ms. Fallin, Mr. Bishop of Utah, Mr. Olson, Mr. 
  McClintock, Mr. Fleming, Mr. Pitts, Mr. Bartlett, Mr. Shadegg, Mr. 
Franks of Arizona, and Mr. Burton of Indiana) introduced the following 
bill; which was referred to the Committee on Financial Services, and in 
  addition to the Committee on Oversight and Government Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To establish reporting requirements each time funds from Troubled 
Assets Relief Program or the American Recovery and Reinvestment Act of 
 2009 are received or redistributed, and to establish a waste, fraud, 
       and abuse hotline for such funds, 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 ``TARP and ARRA Reporting and Waste 
Prevention Act''.

SEC. 2. REPORTING REQUIREMENT.

    (a) In General.--Every public or private entity shall, no later 
than 30 days after receiving or redistributing any funds distributed 
under title I of the Emergency Economic Stabilization Act of 2008 or 
the American Recovery and Reinvestment Act of 2009, submit a report to 
the Secretary of the Treasury detailing such receipt or redistribution.
    (b) Report Details.--Each report required by subsection (a) shall 
include, with respect to the funds received or redistributed, and to 
the extent the information is available--
            (1) the amount of such funds;
            (2) for funds being redistributed, the public or private 
        entity receiving such funds;
            (3) the specific provision or provisions of title I of the 
        Emergency Economic Stabilization Act of 2008 or the American 
        Recovery and Reinvestment Act of 2009 under which such funds 
        were authorized;
            (4) the specific purpose for which such funds are being 
        received or redistributed, including--
                    (A) what geographic area such funds are intended 
                for; and
                    (B) the specific details on how such funds will be 
                used;
            (5) copies of any contracts entered into by the public or 
        private entity for projects or services that will be funded in 
        whole or in part by such funds; and
            (6) such other information as the Secretary of the Treasury 
        may require.
    (c) Separate Report on Contracts.--Any public or private entity 
that enters into a contract described in subsection (b)(5) shall, no 
later than 30 days after the date such contract is entered into, and 
every 30 days thereafter until all performance under the contract has 
been completed, submit a report to the Secretary of the Treasury 
detailing--
            (1) the amount of funds distributed under title I of the 
        Emergency Economic Stabilization Act of 2008 or the American 
        Recovery and Reinvestment Act of 2009 that have been expended 
        by such public or private entity in furtherance of the 
        contract;
            (2) the specific details of how such funds were expended 
        and how such expenditures furthered the fulfillment of the 
        contract terms;
            (3) how many jobs were created by the expenditure of such 
        funds and the average cost to the public or private entity of 
        creating such jobs; and
            (4) in which geographic areas such funds were expended.
    (d) Treatment of Commingled Funds.--For purposes of this section, 
any funds that are commingled with funds distributed under title I of 
the Emergency Economic Stabilization Act of 2008 or the American 
Recovery and Reinvestment Act of 2009, such that the source of any 
particular funds within the commingled funds cannot be identified, 
shall be treated as funds distributed under title I of the Emergency 
Economic Stabilization Act of 2008 or the American Recovery and 
Reinvestment Act of 2009.
    (e) Regulations.--A report required under subsection (a) shall be 
made in such manner and form as the Secretary of the Treasury may 
prescribe by regulation. Such regulation shall be issued no later than 
30 days after the date of the enactment of this Act.
    (f) No Reporting for Certain Tax Benefits.--No report shall be 
required under subsection (a) for funds received by a public or private 
entity under any provision of title I of division B of the American 
Recovery and Reinvestment Act of 2009.
    (g) Requirement for Giving Notice When Redistributing Funds.--Any 
public or private entity that redistributes any funds distributed under 
title I of the Emergency Economic Stabilization Act of 2008 or the 
American Recovery and Reinvestment Act of 2009 to another public or 
private entity must give such public or private entity notice--
            (1) that such funds are a redistribution of funds 
        distributed under title I of the Emergency Economic 
        Stabilization Act of 2008 or the American Recovery and 
        Reinvestment Act of 2009; and
            (2) that such public or private entity may be required to 
        submit a report upon the receipt or redistribution of such 
        funds pursuant to section 2(a) of the TARP and ARRA Reporting 
        and Waste Prevention Act.
    (h) Penalty for Non-Compliance by a Private Entity.--
            (1) In general.--A private entity that fails to submit a 
        report required under subsection (a) may not enter into any 
        contract to provide property or services to any Federal agency 
        or department, and may not receive any grants, loans, or other 
        funds from any Federal agency or department, if--
                    (A) the failure to submit such report was 
                intentional; and
                    (B) The heads of the private entity knew, within 
                the 30-day window for submitting such report, that such 
                report was required to be submitted under this section.
            (2) Heads of the private entity defined.--For purposes of 
        this subsection, the term ``heads of the private entity'' 
        means, if applicable--
                    (A) the board of directors of the private entity;
                    (B) the officers of the private entity; and
                    (C) the partners of the private entity.
    (i) Definitions.--For purposes of this section:
            (1) Public or private entity.--The term ``public or private 
        entity'' means--
                    (A) any Federal agency or department;
                    (B) any agency or department of a State government;
                    (C) any agency or department of a political 
                subdivision of a State; and
                    (D) any private entity, other than an individual.
            (2) Redistributed.--With respect to funds distributed under 
        title I of the Emergency Economic Stabilization Act of 2008 or 
        the American Recovery and Reinvestment Act of 2009, the term 
        ``redistributed'' means the distribution of such funds by a 
        public or private entity to another public or private entity. 
        Notwithstanding the previous sentence, the term 
        ``redistribution'' shall not include--
                    (A) distributions made to purchase equipment or 
                other supplies; or
                    (B) distributions made for services that are merely 
                incidental to the purchase of equipment or other 
                supplies.
    (j) Effective Date.--This section shall take effect, with respect 
to the reporting requirement of subsections (a) and (c), 60 days after 
the date of the enactment of this Act.

SEC. 3. FEDERAL DATABASE.

    (a) Establishment.--The Secretary of the Treasury shall establish a 
database to hold all information reported to the Secretary under 
section 2.
    (b) Availability.--The Secretary shall, in coordination with the 
Recovery Accountability and Transparency Board, make the information in 
the database available to the public on the website recovery.gov, and 
in a manner that allows members of the public to easily access such 
information.

SEC. 4. WASTE, FRAUD, AND ABUSE HOTLINE.

    (a) In General.--The Secretary of the Treasury shall establish, 
publicize, and operate a national toll-free telephone number to serve 
as a hotline for members of the public to report waste, fraud, or abuse 
related to funds distributed under title I of the Emergency Economic 
Stabilization Act of 2008 or the American Recovery and Reinvestment Act 
of 2009.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, and quarterly thereafter, the Secretary of the Treasury 
shall issue a report to the Congress containing--
            (1) a description of the Secretary's compliance with 
        subsection (a); and
            (2) a description of the actions the Secretary is taking to 
        address instances of waste, fraud, or abuse reported to the 
        hotline.
    (c) Whistleblower Protection.--
            (1) In general.--No company, or any officer, employee, 
        contractor, subcontractor, or agent of such company, may 
        discharge, demote, suspend, threaten, harass, or in any other 
        manner discriminate against an employee in the terms and 
        conditions of employment because of any lawful act done by the 
        employee--
                    (A) to provide information, cause information to be 
                provided, or otherwise assist in an investigation 
                regarding any conduct which the employee reasonably 
                believes constitutes waste, fraud, or abuse related to 
                funds distributed under title I of the Emergency 
                Economic Stabilization Act of 2008 or the American 
                Recovery and Reinvestment Act of 2009, where such 
                waste, fraud, or abuse was reported to the hotline 
                established under subsection (a); or
                    (B) to file, cause to be filed, testify, 
                participate in, or otherwise assist in a proceeding 
                filed or about to be filed (with any knowledge of the 
                employer) relating to alleged waste, fraud, or abuse 
                related to funds distributed under title I of the 
                Emergency Economic Stabilization Act of 2008 or the 
                American Recovery and Reinvestment Act of 2009, where 
                such alleged waste, fraud, or abuse was reported to the 
                hotline established under subsection (a).
            (2) Enforcement action.--
                    (A) In general.--A person who alleges discharge or 
                other discrimination by any person in violation of 
                paragraph (1) may seek relief under paragraph (3), by--
                            (i) filing a complaint with the Secretary 
                        of Labor; or
                            (ii) if the Secretary has not issued a 
                        final decision within 180 days of the filing of 
                        the complaint and there is no showing that such 
                        delay is due to the bad faith of the claimant, 
                        bringing an action at law or equity for de novo 
                        review in the appropriate district court of the 
                        United States, which shall have jurisdiction 
                        over such an action without regard to the 
                        amount in controversy.
                    (B) Procedure.--
                            (i) In general.--An action under 
                        subparagraph (A)(i) shall be governed under the 
                        rules and procedures set forth in section 
                        42121(b) of title 49, United States Code.
                            (ii) Notification exception.--Notification 
                        made under section 42121(b)(1) of title 49, 
                        United States Code, shall be made to the person 
                        named in the complaint and to the employer.
                            (iii) Burdens of proof.--An action brought 
                        under subparagraph (A)(ii) shall be governed by 
                        the legal burdens of proof set forth in section 
                        42121(b) of title 49, United States Code.
                            (iv) Statute of limitations.--An action 
                        under subparagraph (A) shall be commenced not 
                        later than 90 days after the date on which the 
                        violation occurs.
            (3) Remedies.--
                    (A) In general.--An employee prevailing in any 
                action under paragraph (2)(A) shall be entitled to all 
                relief necessary to make the employee whole.
                    (B) Compensatory damages.--Relief for any action 
                under subparagraph (A) shall include--
                            (i) reinstatement with the same seniority 
                        status that the employee would have had, but 
                        for the discrimination;
                            (ii) the amount of back pay, with interest; 
                        and
                            (iii) compensation for any special damages 
                        sustained as a result of the discrimination, 
                        including litigation costs, expert witness 
                        fees, and reasonable attorney fees.
            (4) Rights retained by employee.--Nothing in this 
        subsection shall be deemed to diminish the rights, privileges, 
        or remedies of any employee under any Federal or State law, or 
        under any collective bargaining agreement.

SEC. 5. RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD REQUESTS OF 
              INSPECTOR GENERALS FOR AUDITS OR INSPECTIONS.

    Section 1527(b) of the American Recovery and Reinvestment Act of 
2009 is amended by striking ``and the inspector general rejects'' and 
all that follows through the end of the subsection and inserting ``, 
the Board shall make such request available to the public on the 
website recovery.gov.''.
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