II 

111TH CONGRESS 

1ST SESSION S. 1064 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 18, 2009 

Mr. LIEBERMAN (for himself, Ms. COLLINS, Mr. BURRIS, and Mrs. 

MCCASKILL) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhanced Oversight 

5 of State and Local Economic Recovery Act’’. 


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2 

•S 1064 IS

1 SEC. 2. REQUIREMENTS FOR FUNDING FOR STATE AND 

2 LOCAL OVERSIGHT UNDER AMERICAN RE3 COVERY AND REINVESTMENT ACT OF 2009. 

4 (a) FEDERAL AGENCY REQUIREMENT.—Section 

5 1552 of the American Recovery and Reinvestment Act of 

6 2009 (Public Law 111–5; 123 Stat. 297) is amended— 

7 (1) by inserting ‘‘(a) FEDERAL AGENCY RE8 QUIREMENT.—’’ before ‘‘Federal agencies receiving’’; 

9 (2) by striking ‘‘may,’’ and all that follows 

10 through ‘‘reasonably’’ and inserting ‘‘shall, subject 

11 to guidance from the Director of the Office of Man12 agement and Budget,’’; and 

13 (3) by striking ‘‘data collection requirements’’ 

14 and inserting ‘‘data collection requirements, audit15 ing, contract and grant planning and management, 

16 and investigations of waste, fraud, and abuse’’. 

17 (b) STATE AND LOCAL GOVERNMENT AUTHORITY.— 

18 Such section is further amended by adding at the end the 

19 following: 

20 ‘‘(b) STATE AND LOCAL GOVERNMENT AUTHOR21 ITY.—Notwithstanding any other provision of law, State 

22 and local governments receiving funds under this Act may 

23 set aside an amount up to 0.5 percent of such funds, in 

24 addition to any funds already allocated to administrative 

25 expenditures, to conduct planning and oversight to prevent 

26 and detect waste, fraud, and abuse.’’. 


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•S 1064 IS

1 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The heading for section 1552 of such Act is amended to 

3 read as follows: 

4 ‘‘SEC. 1552. FUNDING FOR STATE AND LOCAL GOVERNMENT 

5 OVERSIGHT.’’. 

6 SEC. 3. AUTHORIZATION FOR ACQUISITION BY STATE AND 

7 LOCAL GOVERNMENTS THROUGH FEDERAL 

8 SUPPLY SCHEDULES. 

9 Section 502 of title 40, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(e) USE OF SUPPLY SCHEDULES FOR ECONOMIC

12 RECOVERY.— 

13 ‘‘(1) IN GENERAL.—The Administrator may 

14 provide for the use by State or local governments of 

15 Federal supply schedules of the General Services Ad16 ministration for goods or services that are funded by 

17 the American Recovery and Reinvestment Act of 

18 2009 (Public Law 111–5). 

19 ‘‘(2) VOLUNTARY USE.—In the case of the use 

20 by a State or local government of a Federal supply 

21 schedule under paragraph (1), participation by a 

22 firm that sells to the Federal Government through 

23 the supply schedule shall be voluntary with respect 

24 to a sale to the State or local government through 

25 such supply schedule. 


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•S 1064 IS

1 ‘‘(3) DEFINITIONS.—The definitions in sub2 section (c)(3) shall apply for purposes of this sub3 section.’’. 

4 SEC. 4. DEFINITION OF JOBS CREATED AND JOBS RE5 TAINED. 

6 Section 1512(g) of the American Recovery and Rein7 vestment Act of 2009 (Public Law 111–5; 123 Stat. 288) 

8 is amended by adding at the end ‘‘The Director of the 

9 Office of Management and Budget shall issue guidance to 

10 ensure accurate and consistent reporting of ‘jobs created’ 

11 and ‘jobs retained’ as those terms are used in subsection 

12 (c)(3)(D).’’. 

Æ 


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