IIB 
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 Rein-
vestment Act of 2009 to the Treasury of the United 
States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. ACCOUNTABILITY FOR BROADBAND STIMULUS 
FUNDS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator of the Rural Utilities Serv-
ice or the Assistant Secretary of Commerce for Commu-
nications and Information shall take prompt and appro-
priate action to terminate for cause any award made 
under the Broadband Initiatives Program or the 
Broadband Technology Opportunities Program, respec-
tively, established pursuant to the American Recovery and 
Reinvestment Act of 2009, if the Administrator or Assist-
ant Secretary determines that cause exists to terminate 
the award. Such cause may include an insufficient level 
of performance, wasteful spending, or fraudulent spend-
ing. 
(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 subse-
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quently recovers any additional amounts from such 
award, the Administrator or the Assistant Secretary 
shall deobligate such additional amounts imme-
diately 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 Sec-
retary shall promptly pursue available corrective 
measures to ensure that funds received through an 
award terminated under subsection (a) are not ex-
pended during the termination process. 
(4) ACCOUNTING BY AWARD RECIPIENT.—The 
Administrator or the Assistant Secretary shall direct 
the recipient of an award terminated under sub-
section (a) to provide to the Administrator or the 
Assistant Secretary a complete and accurate ac-
counting, which may include an independent ac-
counting, for any award funds that, as of the date 
of termination, the recipient has received but has 
not expended on allowable costs. 
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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 Tech-
nology Opportunities Program, respectively, established 
pursuant to the American Recovery and Reinvestment Act 
of 2009, if such award has been returned to the Adminis-
trator 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 de-
scribed in subsection (b) with respect to an award made 
under the Broadband Initiatives Program or the 
Broadband Technology Opportunities Program, respec-
tively, established pursuant to the American Recovery and 
Reinvestment Act of 2009, and such information pertains 
to material noncompliance with the award terms or provi-
sions or improper usage of award funds, the Administrator 
or the Assistant Secretary shall— 
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(1) immediately review such information; and 
(2) not later than 30 days after receiving such 
information, determine whether cause exists to ter-
minate such award under section 1(a), unless the of-
ficial 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 
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on Agriculture of the Senate or the Committee 
on Energy and Commerce of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate, re-
spectively; and 
(B) the official who provided the informa-
tion described in subsection (a). 
(2) CONTENTS OF NOTIFICATION.—The notifi-
cation required by paragraph (1) shall include an ex-
planation of— 
(A) the determination described in sub-
section (a)(2); and 
(B) any action taken as a result of the de-
termination or why no action was necessary. 
(3) CONFIDENTIAL NOTIFICATION UNDER CER-
TAIN CIRCUMSTANCES.—In the case of a determina-
tion by the Administrator or the Assistant Secretary 
under subsection (a)(2) that cause does not exist to 
terminate the award, the Administrator or the As-
sistant Secretary may make the congressional notifi-
cation required by paragraph (1)(A) on a confiden-
tial basis, if the Administrator or the Assistant Sec-
retary determines, after consultation with the official 
who provided the information described in subsection 
(a), that— 
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