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Full Text of this Amendment

SA 3339. Mr. WARNER submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:


At the appropriate place, insert the following:
SEC. __. ARRA REPORTING.
Section 1512 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 287) is amended--
(1) in subsection (f)--
(A) by striking "Within 180 days" and inserting the following:
"(1) IN GENERAL.--Within 180 days"; and
(B) by adding at the end the following:
"(2) PENALTIES.--
"(A) IN GENERAL.--Subject to subparagraphs (B), (C), and (D), the head of an agency distributing recovery funds may impose a civil penalty in an amount not more than $250,000 on a recipient of recovery funds from the agency that does not provide the information required under subsection (c) or knowingly provides information under subsection (c) that contains a material omission or misstatement. Any amounts received from a civil penalty under this paragraph shall be deposited in the general
fund of the Treasury.
"(B) NOTIFICATION.--
"(i) IN GENERAL.--The head of an agency shall provide a written notification to a recipient of recovery funds from the agency that fails to provide the information required under subsection (c). A notification under this subparagraph shall provide the recipient with information on how to comply with the necessary reporting requirements and notice of the penalties for failing to do so.
"(ii) LIMITATION.--The head of an agency may not impose a civil penalty under subparagraph (A) relating to the failure to provide information required under subsection (c) if, not later than 31 days after the date of the notification under clause (i), the recipient of the recovery funds provides the information.
"(C) GUIDELINES.--In determining the amount of a penalty under this paragraph for a recipient of recovery funds, the head of an agency shall consider--
"(i) the number of times the recipient has failed to provide the information required under subsection (c);
"(ii) the amount of recovery funds provided to the recipient;
"(iii) whether the recipient is a government, nonprofit entity, or educational institution; and
"(iv) whether the recipient is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), with particular consideration given to businesses with not more than 50 employees.
"(D) APPLICABILITY.--This paragraph shall apply to any grant, contract, task order, or other type of funding mechanism--
"(i) made or entered into after the date of enactment of this paragraph (including any renewal of a grant, contract, task order, or other type of funding mechanism after the date of enactment of this paragraph); or
"(ii) that includes terms allowing the terms of the grant, contract, task order, or other type of funding mechanism to be modified by Act of Congress.
"(E) NONEXCLUSIVITY.--The imposition of a civil penalty under this subsection shall not preclude any other criminal, civil, or administrative remedy available to the United States or any other person under Federal or State law.
"(3) TECHNICAL ASSISTANCE.--Each agency distributing recovery funds shall provide technical assistance, as necessary, to assist recipients of recovery funds in complying with the requirements to provide information under subsection (c), which shall include providing recipients with a reminder regarding each reporting requirement.
"(4) PUBLIC LISTING.--
"(A) IN GENERAL.--Not later than 45 days after the end of each calendar quarter, and subject to the notification requirements under paragraph (2)(B), each agency distributing recovery funds shall make available on a website of the agency a list of all recipients of recovery funds from the agency that did not provide the information required under subsection (c) for the calendar quarter.
"(B) CONTENTS.--A list made available under subparagraph (A) shall, for each recipient of recovery funds on the list, include the name and address of the recipient, the identification number for the award, the amount of recovery funds awarded to the recipient, a description of the activity for which the recovery funds were provided, and, to the extent known by the head of the agency, the reason for noncompliance.
"(5) OMB GUIDANCE AND REPORTING.--
"(A) GUIDANCE.--Not later than 30 days after the date of enactment of this paragraph, the Director of the Office of Management and Budget, in consultation with the Chairperson, shall promulgate regulations regarding implementation of this section by agencies.
"(B) REPORTING.--
"(i) IN GENERAL.--Not later than July 1, 2010, and every 3 months thereafter, the Director of the Office of Management and Budget, in consultation with the Chairperson, shall submit to Congress a report on the extent of noncompliance by recipients of recovery funds with the reporting requirements under this section.
"(ii) CONTENTS.--Each report submitted under clause (i) shall include--
"(I) information, for the quarter and in total, regarding the number and amount of civil penalties imposed and collected under this subsection, sorted by agency and program;
"(II) information on the steps taken by the Federal Government to reduce the level of noncompliance; and
"(III) any other information determined appropriate by the Director."; and
(2) by adding at the end the following:
"(i) Termination.--The reporting requirements under this section shall terminate on September 30, 2013.".


(As printed in the Congressional Record for the Senate on Mar 1, 2010.)