IB 
Union Calendar No. 149 
112TH CONGRESS 
1ST SESSION H. R. 1343 
[Report No. 112–228, Part I] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2011 
Mr. BASS of New Hampshire introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittee on Agriculture, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
SEPTEMBER 29, 2011 
Additional sponsors: Mr. WALDEN, Mr. TERRY, Mr. GUTHRIE, Mr. ROGERS 
of Michigan, Mr. MURPHY of Pennsylvania, Mr. WHITFIELD, Mr. SUL-
LIVAN, Mr. BURGESS, Mrs. BLACKBURN, Mr. BILBRAY, Mr. GINGREY of 
Georgia, Mr. SCALISE, Mrs. MCMORRIS RODGERS, Mr. LATTA, Mr. 
LANCE, Mr. POMPEO, Mr. OLSON, Mr. STEARNS, Mr. HARPER, Mr. 
KINZINGER of Illinois, Mr. CASSIDY, Mr. SHIMKUS, Mr. BARTON of 
Texas, Mr. UPTON, and Mr. PITTS 
SEPTEMBER 29, 2011 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 4, 2011] 
SEPTEMBER 29, 2011 
The Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ACCOUNTABILITY FOR BROADBAND STIMULUS 
FUNDS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator of the Rural Utilities Service 
or the Assistant Secretary of Commerce for Communica-
tions and Information shall take prompt and appropriate 
action to terminate for cause any award 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 the Administrator or Assistant Secretary deter-
mines 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 TREAS-
URY.— 
(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 
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Opportunities Program, respectively. If the Adminis-
trator or the Assistant Secretary subsequently recovers 
any additional amounts from such award, the Ad-
ministrator 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 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 As-
sistant 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 al-
lowable 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 Technology Opportunities Pro-
gram, 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 Tech-
nology Opportunities Program, respectively, established 
pursuant to the American Recovery and Reinvestment Act 
of 2009, and such information pertains to material non-
compliance 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 
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(2) not later than 30 days after receiving such 
information, determine whether cause exists to termi-
nate 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 
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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 notifica-
tion 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 Assist-
ant Secretary may make the congressional notifica-
tion 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— 
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(A) there is no merit to such information; 
and 
(B) notification on a public basis would 
cause irreparable harm to any person the infor-
mation is regarding. 
SEC. 4. CONFORMING AMENDMENTS. 
Section 6001(i)(4) of the American Recovery and Re-
investment Act of 2009 (47 U.S.C. 1305(i)(4)) is amend-
ed— 
(1) by striking ‘‘may’’ and inserting ‘‘shall’’; 
and 
(2) by striking ‘‘, and award these funds com-
petitively to new or existing applicants consistent 
with this section’’. 
SEC. 5. AWARD DEFINED. 
In this Act, the term ‘‘award’’ includes grants and 
loans. 
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Union Calendar No. 149 
112TH CONGRESS 
1ST SESSION 
H. R. 1343 
[Report No. 112–228, Part I] 
A BILL 
To return unused or reclaimed funds made avail-
able for broadband awards in the American Re-
covery and Reinvestment Act of 2009 to the 
Treasury of the United States. 
SEPTEMBER 29, 2011 
Reported from the Committee on Energy and Commerce 
with an amendment 
SEPTEMBER 29, 2011 
The Committee on Agriculture discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
VerDate Mar 15 2010 
21:16 Sep 29, 2011
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PO 00000
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