S AMDT 1064

S 1064 IS

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.

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

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.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Enhanced Oversight of State and Local Economic Recovery Act’.

SEC. 2. REQUIREMENTS FOR FUNDING FOR STATE AND LOCAL OVERSIGHT UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.

(a) Federal Agency Requirement- Section 1552 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 297) is amended--

(1) by inserting ‘(a) Federal Agency Requirement- ’ before ‘Federal agencies receiving’;

(2) by striking ‘may,’ and all that follows through ‘reasonably’ and inserting ‘shall, subject to guidance from the Director of the Office of Management and Budget,’; and

(3) by striking ‘data collection requirements’ and inserting ‘data collection requirements, auditing, contract and grant planning and management, and investigations of waste, fraud, and abuse’.

(b) State and Local Government Authority- Such section is further amended by adding at the end the following:

‘(b) State and Local Government Authority- Notwithstanding any other provision of law, State and local governments receiving funds under this Act may set aside an amount up to 0.5 percent of such funds, in addition to any funds already allocated to administrative expenditures, to conduct planning and oversight to prevent and detect waste, fraud, and abuse.’.

(c) Technical and Conforming Amendment- The heading for section 1552 of such Act is amended to read as follows:

‘SEC. 1552. FUNDING FOR STATE AND LOCAL GOVERNMENT OVERSIGHT.’.

SEC. 3. AUTHORIZATION FOR ACQUISITION BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES.

Section 502 of title 40, United States Code, is amended by adding at the end the following:

‘(e) Use of Supply Schedules for Economic Recovery-

‘(1) IN GENERAL- The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for goods or services that are funded by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).

‘(2) VOLUNTARY USE- In the case of the use by a State or local government of a Federal supply schedule under paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule.

‘(3) DEFINITIONS- The definitions in subsection (c)(3) shall apply for purposes of this subsection.’.

SEC. 4. DEFINITION OF JOBS CREATED AND JOBS RETAINED.

Section 1512(g) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 288) is amended by adding at the end ‘The Director of the Office of Management and Budget shall issue guidance to ensure accurate and consistent reporting of ‘jobs created’ and ‘jobs retained’ as those terms are used in subsection (c)(3)(D).’.