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March 9, 2010, 12:00 am ET - Amendment SA 3442 proposed by Senator Baucus for Senator Warner to Amendment SA 3336.
March 9, 2010, 12:00 am ET - Amendment SA 3442 as modified agreed to in Senate by Unanimous Consent.

Full Text of this Amendment

SA 3442. Mr. WARNER (for himself and Mr. CRAPO) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. BAUCUS 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 PLANNING AND REPORTING.
Section 1512 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 287) is amended--
(1) in subsection (d)--
(A) in the subsection heading, by inserting "Plans and" after "Agency";
(B) by striking "Not later than" and inserting the following:
"(1) DEFINITION.--In this subsection, the term `covered program' means a program for which funds are appropriated under this division--
"(A) in an amount that is--
"(i) more than $2,000,000,000; and
"(ii) more than 150 percent of the funds appropriated for the program for fiscal year 2008; or
"(B) that did not exist before the date of enactment of this Act.
"(2) PLANS.--Not later than July 1, 2010, the head of each agency that distributes recovery funds shall submit to Congress and make available on the website of the agency a plan for each covered program, which shall, at a minimum, contain--
"(A) a description of the goals for the covered program using recovery funds;
"(B) a discussion of how the goals described in subparagraph (A) relate to the goals for ongoing activities of the covered program, if applicable;
"(C) a description of the activities that the agency will undertake to achieve the goals described in subparagraph (A);
"(D) a description of the total recovery funding for the covered program and the recovery funding for each activity under the covered program, including identifying whether the activity will be carried out using grants, contracts, or other types of funding mechanisms;
"(E) a schedule of milestones for major phases of the activities under the covered program, with planned delivery dates;
"(F) performance measures the agency will use to track the progress of each of the activities under the covered program in meeting the goals described in subparagraph (A), including performance targets, the frequency of measurement, and a description of the methodology for each measure;
"(G) a description of the process of the agency for the periodic review of the progress of the covered program towards meeting the goals described in subparagraph (A); and
"(H) a description of how the agency will hold program managers accountable for achieving the goals described in subparagraph (A).
"(3) REPORTS.--
"(A) IN GENERAL.--Not later than"; and
(C) by adding at the end the following:
"(B) REPORTS ON PLANS.--Not later than 30 days after the end of the calendar quarter ending September 30, 2010, and every calendar quarter thereafter during which the agency obligates or expends recovery funds, the head of each agency that developed a plan for a covered program under paragraph (2) shall submit to Congress and make available on a website of the agency a report for each covered program that--
"(i) discusses the progress of the agency in implementing the plan;
"(ii) describes the progress towards achieving the goals described in paragraph (2)(A) for the covered program;
"(iii) discusses the status of each activity carried out under the covered program, including whether the activity is completed;
"(iv) details the unobligated and unexpired balances and total obligations and outlays under the covered program;
"(v) discusses--
"(I) whether the covered program has met the milestones for the covered program described in paragraph (2)(E);
"(II) if the covered program has failed to meet the milestones, the reasons why; and
"(III) any changes in the milestones for the covered program, including the reasons for the change;
"(vi) discusses the performance of the covered program, including--
"(I) whether the covered program has met the performance measures for the covered program described in paragraph (2)(F);
"(II) if the covered program has failed to meet the performance measures, the reasons why; and
"(III) any trends in information relating to the performance of the covered program; and
"(vii) evaluates the ability of the covered program to meet the goals of the covered program given the performance of the covered program.";
(2) 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) REGULATIONS AND REPORTING.--
"(A) REGULATIONS.--Not later than 90 days after the date of enactment of this paragraph, the Attorney General, in consultation with the Director of the Office of Management and Budget and 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
(3) 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 8, 2010.)