II 

Calendar No. 121 

111TH CONGRESS 

1ST SESSION S. 1064 

[Report No. 111–56] 

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


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1 SECTION 1. SHORT TITLE. 

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

3 of State and Local Economic Recovery Act’’. 

4 SEC. 2. REQUIREMENTS FOR FUNDING FOR STATE AND 

5 LOCAL OVERSIGHT UNDER AMERICAN RE6 COVERY AND REINVESTMENT ACT OF 2009. 

7 (a) FEDERAL AGENCY REQUIREMENT.—Section 

8 1552 of the American Recovery and Reinvestment Act of 

9 2009 (Public Law 111–5; 123 Stat. 297) is amended— 

10 (1) by inserting ‘‘(a) FEDERAL AGENCY RE11 QUIREMENT.—’’ before ‘‘Federal agencies receiving’’; 

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

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

14 to guidance from the Director of the Office of Man15 agement and Budget,’’; and 

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

17 and inserting ‘‘data collection requirements, audit18 ing, contract and grant planning and management, 

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

20 (b) STATE AND LOCAL GOVERNMENT AUTHORITY.— 

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

22 following: 

23 ‘‘(b) STATE AND LOCAL GOVERNMENT AUTHOR24 ITY.—Notwithstanding any other provision of law, State 

25 and local governments receiving funds under this Act may 

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


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1 addition to any funds already allocated to administrative 

2 expenditures, to conduct planning and oversight to prevent 

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

4 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

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

6 read as follows: 

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

8 OVERSIGHT.’’. 

9 SEC. 3. AUTHORIZATION FOR ACQUISITION BY STATE AND 

10 LOCAL GOVERNMENTS THROUGH FEDERAL 

11 SUPPLY SCHEDULES. 

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

13 amended by adding at the end the following: 

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

15 RECOVERY.— 

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

17 provide for the use by State or local governments of 

18 Federal supply schedules of the General Services Ad19 ministration for goods or services that are funded by 

20 the American Recovery and Reinvestment Act of 

21 2009 (Public Law 111–5). 

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

23 by a State or local government of a Federal supply 

24 schedule under paragraph (1), participation by a 

25 firm that sells to the Federal Government through 


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1 the supply schedule shall be voluntary with respect 

2 to a sale to the State or local government through 

3 such supply schedule. 

4 ‘‘(3) PROVISIONS TO ENSURE PROPER USAGE BY

5 NON-FEDERAL USERS.—The Administrator shall, for 

6 authorized non-Federal users of Federal Supply 

7 Schedules— 

8 ‘‘(A) review the existing ordering guidance 

9 and, as necessary, prescribe additional guidance 

10 to ensure proper usage and to maximize task 

11 and delivery order competition; 

12 ‘‘(B) make available the online electronic 

13 Request for Quote (RFQ)/Request for Proposal 

14 (RFP) system; and 

15 ‘‘(C) make available, free of charge, training 

16 related to proper Schedule usage, including on17 line training courses. 

18 ‘‘(3)(4) DEFINITIONS.—The definitions in sub19 section (c)(3) shall apply for purposes of this sub20 section.’’. 

21 SEC. 4. DEFINITION OF JOBS CREATED AND JOBS RE22 TAINED. 

23 Section 1512(g) of the American Recovery and Rein24 vestment Act of 2009 (Public Law 111–5; 123 Stat. 288) 

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


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1 Office of Management and Budget shall issue guidance to 

2 ensure accurate and consistent reporting of ‘jobs created’ 

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

4 (c)(3)(D).’’. 

5 SEC. 5. FEDERAL AWARDS UNDER THE AMERICAN RECOV6 ERY AND REINVESTMENT ACT OF 2009 . 

7 Section 2 of the Federal Funding Accountability and 

8 Transparency Act of 2006 (31 U.S.C. 6101 note; Public 

9 Law 109–282) is amended— 

10 (1) in subsection (b)— 

11 (A) by redesignating paragraphs (2), (3), 

12 and (4) as paragraphs (3), (4), and (5), respec13 tively; and 

14 (B) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) ADDITIONAL WEBSITE CONTENT.—Not later 

17 than 30 days after the date of enactment of the En18 hanced Oversight of State and Local Economic Recov19 ery Act, the Office of Management and Budget shall 

20 ensure that the website under this subsection— 

21 ‘‘(A) clearly differentiates between projects 

22 funded under the American Recovery and Rein23 vestment Act of 2009 (Public Law 111–5) and 

24 other Federal awards; and 


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1 ‘‘(B) provides users with the ability to per2 form searches for information in the website re3 lating only to Federal awards funded by the 

4 American Recovery and Reinvestment Act of 

5 2009 (Public Law 111–5).’’; and 

6 (2) by adding after subsection (g) the following: 

7 ‘‘(h) WEBLINK.—The website Recovery.gov established 

8 under the American Recovery and Reinvestment Act of 

9 2009 (Public Law 111–5) shall contain a prominently dis10 played weblink on its front page to the website under this 

11 section.’’. 


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Calendar No. 121 

111TH CONGRESS 

1ST SESSION S. 1064 

[Report No. 111–56] 

A BILL 

To amend the American Recovery and Reinvestsuch Act, and for other purposes. and local oversight of activities conducted under ment Act of 2009 to provide for enhanced State 

JULY 22, 2009 

Reported with amendments 


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