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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1343 Referred in Senate (RFS)]

112th CONGRESS
  1st Session
                                H. R. 1343

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2011

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
To return unused or reclaimed funds made available for broadband awards 
 in the American Recovery and Reinvestment Act of 2009 to the Treasury 
                         of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ACCOUNTABILITY FOR BROADBAND STIMULUS FUNDS.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator of the Rural Utilities Service or the Assistant Secretary 
of Commerce for Communications and Information shall take prompt and 
appropriate action to terminate for cause any award made under the 
Broadband Initiatives Program or the Broadband Technology Opportunities 
Program, respectively, established pursuant to the American Recovery 
and Reinvestment Act of 2009, if the Administrator or Assistant 
Secretary determines that cause exists to terminate the award. Such 
cause may include an insufficient level of performance, wasteful 
spending, or fraudulent spending.
    (b) Deobligation and Return of Funds to Treasury.--
            (1) Deobligation.--Upon terminating an award under 
        subsection (a), the Administrator or the Assistant Secretary 
        shall immediately deobligate an amount equivalent to such 
        award, less allowable costs, to the extent funds with respect 
        to such award are available in the account relating to the 
        Broadband Initiatives Program or the Broadband Technology 
        Opportunities Program, respectively. If the Administrator or 
        the Assistant Secretary subsequently recovers any additional 
        amounts from such award, the Administrator or the Assistant 
        Secretary shall deobligate such additional amounts immediately 
        upon receipt.
            (2) Return to treasury.--Not later than 30 days after 
        deobligating an amount under paragraph (1), the Administrator 
        or the Assistant Secretary shall, without exception, return 
        such amount to the general fund of the Treasury of the United 
        States.
            (3) No expenditures during termination process.--The 
        Administrator or the Assistant Secretary shall promptly pursue 
        available corrective measures to ensure that funds received 
        through an award terminated under subsection (a) are not 
        expended during the termination process.
            (4) Accounting by award recipient.--The Administrator or 
        the Assistant Secretary shall direct the recipient of an award 
        terminated under subsection (a) to provide to the Administrator 
        or the Assistant Secretary a complete and accurate accounting, 
        which may include an independent accounting, for any award 
        funds that, as of the date of termination, the recipient has 
        received but has not expended on allowable costs.

SEC. 2. DISPOSITION OF UNUSED FUNDS.

    The Administrator of the Rural Utilities Service or the Assistant 
Secretary of Commerce for Communications and Information shall return 
to the general fund of the Treasury of the United States an amount 
equivalent to any award, less allowable costs, made under the Broadband 
Initiatives Program or the Broadband Technology Opportunities Program, 
respectively, established pursuant to the American Recovery and 
Reinvestment Act of 2009, if such award has been returned to the 
Administrator or Assistant Secretary or disclaimed by the award 
recipient at any time after the date of enactment of such Act.

SEC. 3. OVERSIGHT AND REPORTING REQUIREMENTS.

    (a) Action on Information From OIG or GAO.--If the Administrator of 
the Rural Utilities Service or the Assistant Secretary of Commerce for 
Communications and Information receives information from an official 
described in subsection (b) with respect to an award made under the 
Broadband Initiatives Program or the Broadband Technology Opportunities 
Program, respectively, established pursuant to the American Recovery 
and Reinvestment Act of 2009, and such information pertains to material 
noncompliance with the award terms or provisions or improper usage of 
award funds, the Administrator or the Assistant Secretary shall--
            (1) immediately review such information; and
            (2) not later than 30 days after receiving such 
        information, determine whether cause exists to terminate such 
        award under section 1(a), unless the official who provided such 
        information recommends that the Administrator or the Assistant 
        Secretary limit or not make such a determination.
    (b) Officials Described.--The officials described in this 
subsection are the following:
            (1) With respect to the Broadband Initiatives Program, the 
        Inspector General of the Department of Agriculture.
            (2) With respect to the Broadband Technology Opportunities 
        Program, the Inspector General of the Department of Commerce.
            (3) The Comptroller General of the United States.
    (c) Congressional Notification.--
            (1) In general.--Not later than 3 days after making a 
        determination described in subsection (a)(2), the Administrator 
        or the Assistant Secretary shall provide a notification of such 
        determination to--
                    (A) the Committee on Agriculture of the House of 
                Representatives and the Committee on Agriculture of the 
                Senate or the Committee on Energy and Commerce of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate, 
                respectively; and
                    (B) the official who provided the information 
                described in subsection (a).
            (2) Contents of notification.--The notification required by 
        paragraph (1) shall include an explanation of--
                    (A) the determination described in subsection 
                (a)(2); and
                    (B) any action taken as a result of the 
                determination or why no action was necessary.
            (3) Confidential notification under certain 
        circumstances.--In the case of a determination by the 
        Administrator or the Assistant Secretary under subsection 
        (a)(2) that cause does not exist to terminate the award, the 
        Administrator or the Assistant Secretary may make the 
        congressional notification required by paragraph (1)(A) on a 
        confidential basis, if the Administrator or the Assistant 
        Secretary determines, after consultation with the official who 
        provided the information described in subsection (a), that--
                    (A) there is no merit to such information; and
                    (B) notification on a public basis would cause 
                irreparable harm to any person the information is 
                regarding.

SEC. 4. CONFORMING AMENDMENTS.

    Section 6001(i)(4) of the American Recovery and Reinvestment Act of 
2009 (47 U.S.C. 1305(i)(4)) is amended--
            (1) by striking ``may'' and inserting ``shall''; and
            (2) by striking ``, and award these funds competitively to 
        new or existing applicants consistent with this section''.

SEC. 5. AWARD DEFINED.

    In this Act, the term ``award'' includes grants and loans.

            Passed the House of Representatives October 5, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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