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.

1.

Short title

This Act may be cited as the Enhanced Oversight of State and Local Economic Recovery Act.

2.

Requirements for funding for State and local oversight under American Recovery and Reinvestment Act of 2009

(a)

Federal agency requirement

Section 1552 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 297) is amended— (1)by inserting (a) Federal agency requirement.— before Federal agencies receiving; (2)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 (3)by striking data collection requirements and inserting data collection requirements, auditing, contract and grant planning and management, and investigations of waste, fraud, and abuse. (b)

State and local government authority

Such section is further amended by adding at the end the following: (b)

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. . (c)

Technical and conforming amendment

The heading for section 1552 of such Act is amended to read as follows:

1552.

Funding for State and local government oversight

.

3.

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: (e)

Use of supply schedules for economic recovery

(1)

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). (2)

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. (3)

Provisions to ensure proper usage by non-Federal users

The Administrator shall, for authorized non-Federal users of Federal Supply Schedules— (A)review the existing ordering guidance and, as necessary, prescribe additional guidance to ensure proper usage and to maximize task and delivery order competition; (B)make available the online electronic Request for Quote (RFQ)/Request for Proposal (RFP) system; and (C)make available, free of charge, training related to proper Schedule usage, including online training courses. (3)(4)

Definitions

The definitions in subsection (c)(3) shall apply for purposes of this subsection. .

4.

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)..

5.

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— (1)in subsection (b)— (A)by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (B)by inserting after paragraph (1) the following: (2)

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— (A)clearly differentiates between projects funded under the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) and other Federal awards; and (B)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 (2)by adding after subsection (g) the following: (h)

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