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H.R.1
American Recovery and Reinvestment Act of 2009 (Public Print)
TITLE XIV--STATE FISCAL STABILIZATION
DEPARTMENT OF EDUCATION
State Fiscal Stabilization Fund
For necessary expenses for a State Fiscal Stabilization Fund, $39,000,000,000, which shall be administered by the Department of Education, and shall be available through September 30, 2010.
GENERAL PROVISIONS--THIS TITLE
SEC. 1401. ALLOCATIONS.
(a) Outlying Areas- The Secretary of Education shall first allocate one-half of 1 percent to the outlying areas on the basis of their respective needs, as determined by the Secretary, for activities consistent with this title under such terms and conditions as the Secretary may determine.
(b) Administration and Oversight- The Secretary may reserve up to $25,000,000 for administration and oversight of this title, including for program evaluation.
(c) Reservation for Additional Programs- After reserving funds under subsections (a) and (b), the Secretary shall reserve $7,500,000,000 for grants under sections 1406 and 1407.
(d) State Allocations- After carrying out subsections (a), (b), and (c), the Secretary shall allocate the remaining funds made available to carry out this title to the States as follows:
(1) 61 percent on the basis of their relative population of individuals aged 5 through 24.
(2) 39 percent on the basis of their relative total population.
(e) State Grants- From funds allocated under subsection (d), the Secretary shall make grants to the Governor of each State.
(f) Reallocation- The Governor shall return to the Secretary any funds received under subsection (e) that the Governor does not obligate within 1 year of receiving a grant, and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (d).
SEC. 1402. STATE USES OF FUNDS.
Education Fund- (a) IN GENERAL- The Governor shall use the State's allocation under section 1401 for the support of elementary, secondary, and postsecondary education and, as applicable, early childhood education programs and services.
(b) RESTORING 2008 STATE SUPPORT FOR EDUCATION-
(1) IN GENERAL- The Governor shall first use the funds described in subsection (a)--
(A) to provide the amount of funds, through the State's principal elementary and secondary funding formula, that is needed to restore State support for elementary and secondary education to the fiscal year 2008 level; and where applicable, to allow existing State formula increases for fiscal years 2009, 2010, and 2011 to be implemented and allow funding for phasing in State equity and adequacy adjustments that were enacted prior to July 1, 2008; and
(B) to provide the amount of funds to public institutions of higher education in the State that is needed to restore State support for postsecondary education to the fiscal year 2008 level.
(2) SHORTFALL- If the Governor determines that the amount of funds available under subsection (a) is insufficient to restore State support for education to the levels described in subparagraphs (A) and (B) of paragraph (1), the Governor shall allocate those funds between those clauses in proportion to the relative shortfall in State support for the education sectors described in those clauses.
(c) SUBGRANTS TO IMPROVE BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES- After carrying out subsection (b), the Governor shall use any funds remaining under subsection (a) to provide local educational agencies in the State with subgrants based on their relative shares of funding under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent year for which data are available.
SEC. 1403. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES.
(1) In General- A local educational agency that receives funds under this title may use the funds for any activity authorized by the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) (`ESEA'), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) (`IDEA'), or the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) (`the Perkins Act').
(b) Prohibition- A local educational agency may not use funds received under this title for capital projects unless authorized by ESEA, IDEA, or the Perkins Act.
SEC. 1404. USES OF FUNDS BY INSTITUTIONS OF HIGHER EDUCATION.
(a) In General- A public institution of higher education that receives funds under this title shall use the funds for education and general expenditures, and in such a way as to mitigate the need to raise tuition and fees for in-State students.
(b) Prohibition- An institution of higher education may not use funds received under this title to increase its endowment.
(c) Additional Prohibition- An institution of higher education may not use funds received under this title for construction, renovation, or facility repair.
SEC. 1405. STATE APPLICATIONS.
(a) In General- The Governor of a State desiring to receive an allocation under section 1401 shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require.
(b) Application- The Governor shall--
(1) include the assurances described in subsection (d);
(2) provide baseline data that demonstrates the State's current status in each of the areas described in such assurances; and
(3) describe how the State intends to use its allocation.
(c) Incentive Grant Application- The Governor of a State seeking a grant under section 1406 shall--
(1) submit an application for consideration;
(2) describe the status of the State's progress in each of the areas described in subsection (d);
(3) describe the achievement and graduation rates of public elementary and secondary school students in the State, and the strategies the State is employing to help ensure that all subgroups of students identified in 1111(b)(2) of ESEA in the State continue making progress toward meeting the State's student academic achievement standards;
(4) describe how the State would use its grant funding to improve student academic achievement in the State, including how it will allocate the funds to give priority to high-need schools and local educational agencies; and
(5) include a plan for evaluating its progress in closing achievement gaps.
(d) Assurances- An application under subsection (b) shall include the following assurances:
(1) MAINTENANCE OF EFFORT-
(A) ELEMENTARY AND SECONDARY EDUCATION- The State will, in each of fiscal years 2009 and 2010, maintain State support for elementary and secondary education at least at the level of such support in fiscal year 2006.
(B) HIGHER EDUCATION- The State will, in each of fiscal years 2009 and 2010, maintain State support for public institutions of higher education (not including support for capital projects or for research and development) at least at the level of such support in fiscal year 2006.
(2) ACHIEVING EQUITY IN TEACHER DISTRIBUTION- The State will take action, including activities outlined in section 2113(c) of ESEA, to increase the number, and improve the distribution, of effective teachers and principals in high-poverty schools and local educational agencies throughout the State.
(3) IMPROVING COLLECTION AND USE OF DATA- The State will establish a longitudinal data system that includes the elements described in section 6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871).
(4) STANDARDS AND ASSESSMENTS- The State--
(A) will enhance the quality of academic assessments described in section 1111(b)(3) of ESEA (20 U.S.C. 6311(b)(3)) through activities such as those described in section 6112(a) of such Act (20 U.S.C. 7301a(a));
(B) will comply with the requirements of paragraphs (3)(C)(ix) and (6) of section 1111(b) of ESEA (20 U.S.C. 6311(b)) and section 612(a)(16) of IDEA (20 U.S.C. 1412(a)(16)) related to the inclusion of children with disabilities and limited English proficient students in State assessments, the development of valid and reliable assessments for those students, and the provision of accommodations that enable their participation in State assessments; and
(C) will take steps to improve State academic content standards and student academic achievement standards consistent with 6401(e)(1)(A)(ii) of the America COMPETES Act.
(5) will ensure compliance with the requirements of section 1116(a)(7)(C)(iv) and section 1116(a)(8)(B) with respect to schools identified under such sections.
SEC. 1406. STATE INCENTIVE GRANTS.
(a) In General- From the total amount reserved under section 1401(c) that is not used for section 1407, the Secretary shall, in fiscal year 2010, make grants to States that have made significant progress in meeting the objectives of paragraphs (2), (3), (4), and (5) of section 1405(d).
(b) Basis for Grants- The Secretary shall determine which States receive grants under this section, and the amount of those grants, on the basis of information provided in State applications under section 1405 and such other criteria as the Secretary determines appropriate.
(c) Subgrants to Local Educational Agencies- Each State receiving a grant under this section shall use at least 50 percent of the grant to provide local educational agencies in the State with subgrants based on their relative shares of funding under part A of title I of ESEA (20 U.S.C. 6311 et seq.) for the most recent year.
SEC. 1407. INNOVATION FUND.
(1) ELIGIBLE ENTITY- For the purposes of this section, the term `eligible entity' means--
(A) A local educational agency; or
(B) a partnership between a nonprofit organization and--
(i) one or more local educational agencies;
(ii) or a consortium of schools.
(2) PROGRAM ESTABLISHED- From the total amount reserved under section 1401(c), the Secretary may reserve up to $650,000,000 to establish an Innovation Fund, which shall consist of academic achievement awards that recognize eligible entities that meet the requirements described in subsection (b).
(3) BASIS FOR AWARDS- The Secretary shall make awards to eligible entities that have made significant gains in closing the achievement gap as described in subsection (b)(1)--
(A) to allow such eligible entities to expand their work and serve as models for best practices;
(B) to allow such eligible entities to work in partnership with the private sector and the philanthropic community; and
(C) to identify and document best practices that can be shared, and taken to scale based on demonstrated success.
(b) Eligibility- To be eligible for such an award, an eligible entity shall--
(1) have significantly closed the achievement gaps between groups of students described in section 1111(b)(2) of ESEA (20 U.S.C. 6311(b)(2));
(2) have exceeded the State's annual measurable objectives consistent with such section 1111(b)(2) for 2 or more consecutive years or have demonstrated success in significantly increasing student academic achievement for all groups of students described in such section through another measure, such as measures described in section 1111(c)(2) of ESEA;
(3) have made significant improvement in other areas, such as graduation rates or increased recruitment and placement of high-quality teachers and school leaders, as demonstrated with meaningful data; and
(4) demonstrate that they have established partnerships with the private sector, which may include philanthropic organizations, and that the private sector will provide matching funds in order to help bring results to scale.
SEC. 1408. STATE REPORTS.
A State receiving funds under this title shall submit a report to the Secretary, at such time and in such manner as the Secretary may require, that describes--
(1) the uses of funds provided under this title within the State;
(2) how the State distributed the funds it received under this title;
(3) the number of jobs that the Governor estimates were saved or created with funds the State received under this title;
(4) tax increases that the Governor estimates were averted because of the availability of funds from this title;
(5) the State's progress in reducing inequities in the distribution of teachers, in implementing a State student longitudinal data system, and in developing and implementing valid and reliable assessments for limited English proficient students and children with disabilities;
(6) the tuition and fee increases for in-State students imposed by public institutions of higher education in the State during the period of availability of funds under this title, and a description of any actions taken by the State to limit those increases; and
(7) the extent to which public institutions of higher education maintained, increased, or decreased enrollment of in-State students, including students eligible for Pell Grants or other need-based financial assistance.
SEC. 1409. EVALUATION.
The Comptroller General of the United States shall conduct evaluations of the programs under sections 1406 and 1407 which shall include, but not be limited to, the criteria used for the awards made, the States selected for awards, award amounts, how each State used the award received, and the impact of this funding on the progress made toward closing achievement gaps.
SEC. 1410. SECRETARY'S REPORT TO CONGRESS.
The Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate, not less than 6 months following the submission of the State reports, that evaluates the information provided in the State reports under section 1408.
SEC. 1411. PROHIBITION ON PROVISION OF CERTAIN ASSISTANCE.
No recipient of funds under this title shall use such funds to provide financial assistance to students to attend private elementary or secondary schools, unless such funds are used to provide special education and related services to children with disabilities, as authorized by the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
SEC. 1412. DEFINITIONS.
Except as otherwise provided in this title, as used in this title--
(1) the term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);
(2) the term `Secretary' means the Secretary of Education;
(3) the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and
(4) any other term that is defined in section 9101 of ESEA (20 U.S.C. 7801) shall have the meaning given the term in such section.
SEC. 1413. REGULATORY RELIEF.
(a) Waiver Authority- Subject to subsections (b) and (c), the Secretary of Education may, as applicable, waive or modify, in order to ease fiscal burdens, any requirement relating to the following:
(1) Maintenance of effort.
(2) The use of Federal funds to supplement, not supplant, non-Federal funds.
(b) Duration- A waiver under this section shall be for fiscal years 2009 and 2010.
(1) RELATION TO IDEA- Nothing in this section shall be construed to permit the Secretary to waive or modify any provision of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), except as described in a(1) and a(2).
(2) MAINTENANCE OF EFFORT- If the Secretary grants a waiver or modification under this section waiving or modifying a requirement relating to maintenance of effort for fiscal years 2009 and 2010, the level of effort required for fiscal year 2011 shall not be reduced because of the waiver or modification.
TITLE XV--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD AND RECOVERY INDEPENDENT ADVISORY PANEL
SEC. 1501. DEFINITIONS.
(1) AGENCY- The term `agency' has the meaning given under section 551 of title 5, United States Code.
(2) BOARD- The term `Board' means the Recovery Accountability and Transparency Board established in section 1511.
(3) CHAIRPERSON- The term `Chairperson' means the Chairperson of the Board.
(4) COVERED FUNDS- The term `covered funds' means any funds that are expended or obligated--
(A) from appropriations made under this Act; and
(B) under any other authorities provided under this Act.
(5) PANEL- The term `Panel' means the Recovery Independent Advisory Panel established in section 1531.
Subtitle A--Recovery Accountability and Transparency Board
SEC. 1511. ESTABLISHMENT OF THE RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD.
There is established the Recovery Accountability and Transparency Board to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse.
SEC. 1512. COMPOSITION OF BOARD.
(1) DESIGNATION OR APPOINTMENT- The President shall--
(A) designate the Deputy Director for Management of the Office of Management and Budget to serve as Chairperson of the Board;
(B) designate another Federal officer who was appointed by the President to a position that required the advice and consent of the Senate, to serve as Chairperson of the Board; or
(C) appoint an individual as the Chairperson of the Board, by and with the advice and consent of the Senate.
(A) DESIGNATION OF FEDERAL OFFICER- If the President designates a Federal officer under paragraph (1)(A) or (B) to serve as Chairperson, that Federal officer may not receive additional compensation for services performed as Chairperson.
(B) APPOINTMENT OF NON-FEDERAL OFFICER- If the President appoints an individual as Chairperson under paragraph (1)(C), that individual shall be compensated at the rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(b) Members- The members of the Board shall include--
(1) the Inspectors General of the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Justice, Transportation, Treasury, and the Treasury Inspector General for Tax Administration; and
(2) any other Inspector General as designated by the President from any agency that expends or obligates covered funds.
SEC. 1513. FUNCTIONS OF THE BOARD.
(1) IN GENERAL- The Board shall coordinate and conduct oversight of covered funds in order to prevent fraud, waste, and abuse.
(2) SPECIFIC FUNCTIONS- The functions of the Board shall include--
(A) reviewing whether the reporting of contracts and grants using covered funds meets applicable standards and specifies the purpose of the contract or grant and measures of performance;
(B) reviewing whether competition requirements applicable to contracts and grants using covered funds have been satisfied;
(C) auditing and investigating covered funds to determine whether wasteful spending, poor contract or grant management, or other abuses are occurring;
(D) reviewing whether there are sufficient qualified acquisition and grant personnel overseeing covered funds;
(E) reviewing whether personnel whose duties involve acquisitions or grants made with covered funds receive adequate training; and
(F) reviewing whether there are appropriate mechanisms for interagency collaboration relating to covered funds.
(1) QUARTERLY REPORTS- The Board shall submit quarterly reports to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, summarizing the findings of the Board and the findings of inspectors general of agencies. The Board may submit additional reports as appropriate.
(2) ANNUAL REPORTS- The Board shall submit annual reports to the President and the Committees on Appropriations of the Senate and House of Representatives, consolidating applicable quarterly reports on the use of covered funds.
(A) IN GENERAL- All reports submitted under this subsection shall be made publicly available and posted on a website established by the Board.
(B) REDACTIONS- Any portion of a report submitted under this subsection may be redacted when made publicly available, if that portion would disclose information that is not subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act).
(1) IN GENERAL- The Board shall make recommendations to agencies on measures to prevent fraud, waste, and abuse relating to covered funds.
(2) RESPONSIVE REPORTS- Not later than 30 days after receipt of a recommendation under paragraph (1), an agency shall submit a report to the President, the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives, and the Board on--
(A) whether the agency agrees or disagrees with the recommendations; and
(B) any actions the agency will take to implement the recommendations.
SEC. 1514. POWERS OF THE BOARD.
(a) In General- The Board shall conduct, supervise, and coordinate audits and investigations by inspectors general of agencies relating to covered funds.
(b) Audits and Investigations- The Board may--
(1) conduct its own independent audits and investigations relating to covered funds; and
(2) collaborate on audits and investigations relating to covered funds with any inspector general of an agency.
(1) AUDITS AND INVESTIGATIONS- In conducting audits and investigations, the Board shall have the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).
(2) STANDARDS AND GUIDELINES- The Board shall carry out the powers under subsections (a) and (b) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Public Hearings- The Board may hold public hearings and Board personnel may conduct investigative depositions. The head of each agency shall make all officers and employees of that agency available to provide testimony to the Board and Board personnel. The Board may issue subpoenas to compel the testimony of persons who are not Federal officers or employees. Any such subpoenas may be enforced as provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).
(e) Contracts- The Board may enter into contracts to enable the Board to discharge its duties under this subtitle, including contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Board.
(f) Transfer of Funds- The Board may transfer funds appropriated to the Board for expenses to support administrative support services and audits or investigations of covered funds to any office of inspector general, the Office of Management and Budget, the General Services Administration, and the Panel.
SEC. 1515. EMPLOYMENT, PERSONNEL, AND RELATED AUTHORITIES.
(a) Employment and Personnel Authorities-
(A) AUTHORITIES- Subject to paragraph (2), the Board may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section).
(B) APPLICATION- For purposes of exercising the authorities described under subparagraph (A), the term `Chairperson of the Board' shall be substituted for the term `head of a temporary organization'.
(C) CONSULTATION- In exercising the authorities described under subparagraph (A), the Chairperson shall consult with members of the Board.
(2) EMPLOYMENT AUTHORITIES- In exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under paragraph (1) of this subsection--
(A) paragraph (2) of subsection (b) of section 3161 of that title (relating to periods of appointments) shall not apply; and
(B) no period of appointment may exceed the date on which the Board terminates under section 1521.
(b) Information and Assistance-
(1) IN GENERAL- Upon request of the Board for information or assistance from any agency or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Board, or an authorized designee.
(2) REPORT OF REFUSALS- Whenever information or assistance requested by the Board is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report the circumstances to the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives, without delay.
(c) Administrative Support- The General Services Administration shall provide the Board with administrative support services, including the provision of office space and facilities.
SEC. 1516. INDEPENDENCE OF INSPECTORS GENERAL.
(a) Independent Authority- Nothing in this subtitle shall affect the independent authority of an inspector general to determine whether to conduct an audit or investigation of covered funds.
(b) Requests by Board- If the Board requests that an inspector general conduct or refrain from conducting an audit or investigation and the inspector general rejects the request in whole or in part, the inspector general shall, not later than 30 days after rejecting the request, submit a report to the Board, the head of the applicable agency, and the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives. The report shall state the reasons that the inspector general has rejected the request in whole or in part.
SEC. 1517. COORDINATION WITH THE COMPTROLLER GENERAL AND STATE AUDITORS.
The Board shall coordinate its oversight activities with the Comptroller General of the United States and State auditor generals.
SEC. 1518. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS.
(a) Prohibition of Reprisals- An employee of any non-Federal employer receiving covered funds may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to the Board, an inspector general, the Comptroller General, a member of Congress, or a the head of a Federal agency, or their representatives, information that the employee reasonably believes is evidence of--
(1) gross mismanagement of an agency contract or grant relating to covered funds;
(2) a gross waste of covered funds;
(3) a substantial and specific danger to public health or safety; or
(4) a violation of law related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds.
(b) Investigation of Complaints-
(1) IN GENERAL- A person who believes that the person has been subjected to a reprisal prohibited by subsection (a) may submit a complaint to the appropriate inspector general. Unless the inspector general determines that the complaint is frivolous, the inspector general shall investigate the complaint and, upon completion of such investigation, submit a report of the findings of the investigation to the person, the person's employer, the head of the appropriate agency, and the Board.
(2) TIME LIMITATIONS FOR ACTIONS-
(A) IN GENERAL- Except as provided under subparagraph (B), the inspector general shall make a determination that a complaint is frivolous or submit a report under paragraph (1) within 180 days after receiving the complaint.
(B) EXTENSION- If the inspector general is unable to complete an investigation in time to submit a report within the 180-day period specified under subparagraph (A) and the person submitting the complaint agrees to an extension of time, the inspector general shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the inspector general and the person submitting the complaint.
(c) Remedy and Enforcement Authority-
(1) AGENCY ACTION- Not later than 30 days after receiving an inspector general report under subsection (b), the head of the agency concerned shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief or shall take 1 or more of the following actions:
(A) Order the employer to take affirmative action to abate the reprisal.
(B) Order the employer to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.
(C) Order the employer to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency.
(2) CIVIL ACTION- If the head of an agency issues an order denying relief under paragraph (1) or has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of time under subsection (b)(2)(B), not later than 30 days after the expiration of the extension of time, and there is no showing that such delay is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the employer to seek compensatory damages and other relief available under this section in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury.
(3) EVIDENCE- An inspector general determination and an agency head order denying relief under paragraph (2) shall be admissible in evidence in any de novo action at law or equity brought in accordance with this subsection.
(4) JUDICIAL ENFORCEMENT OF ORDER- Whenever a person fails to comply with an order issued under paragraph (1), the head of the agency shall file an action for enforcement of such order in the United States district court for a district in which the reprisal was found to have occurred. In any action brought under this paragraph, the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.
(5) JUDICIAL REVIEW- Any person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review of the order's conformance with this subsection, and any regulations issued to carry out this section, in the United States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency. Review shall conform to chapter 7 of title 5, United States Code.
(d) Rule of Construction- Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (a) or to modify or derogate from a right or remedy otherwise available to the employee.
SEC. 1519. BOARD WEBSITE.
(a) Establishment- The Board shall establish and maintain a user-friendly, public-facing website to foster greater accountability and transparency in the use of covered funds.
(b) Purpose- The website established and maintained under subsection (a) shall be a portal or gateway to key information relating to this Act and provide connections to other Government websites with related information.
(c) Content and Function- In establishing the website established and maintained under subsection (a), the Board shall ensure the following:
(1) The website shall provide materials explaining what this Act means for citizens. The materials shall be easy to understand and regularly updated.
(2) The website shall provide accountability information, including a database of findings from audits, inspectors general, and the Government Accountability Office.
(3) The website shall provide data on relevant economic, financial, grant, and contract information in user-friendly visual presentations to enhance public awareness of the use of covered funds.
(4) The website shall provide detailed data on contracts awarded by the Government that expend covered funds, including information about the competitiveness of the contracting process, notification of solicitations for contracts to be awarded, and information about the process that was used for the award of contracts.
(5) The website shall include printable reports on covered funds obligated by month to each State and congressional district.
(6) The website shall provide a means for the public to give feedback on the performance of contracts that expend covered funds.
(7) The website shall be enhanced and updated as necessary to carry out the purposes of this subtitle.
(d) Waiver- The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security.
SEC. 1520. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to carry out this subtitle.
SEC. 1521. TERMINATION OF THE BOARD.
The Board shall terminate on September 30, 2012.
Subtitle B--Recovery Independent Advisory Panel
SEC. 1531. ESTABLISHMENT OF RECOVERY INDEPENDENT ADVISORY PANEL.
(a) Establishment- There is established the Recovery Independent Advisory Panel.
(b) Membership- The Panel shall be composed of 5 members who shall be appointed by the President.
(c) Qualifications- Members shall be appointed on the basis of expertise in economics, public finance, contracting, accounting, or any other relevant field.
(d) Initial Meeting- Not later than 30 days after the date on which all members of the Panel have been appointed, the Panel shall hold its first meeting.
(e) Meetings- The Panel shall meet at the call of the Chairperson of the Panel.
(f) Quorum- A majority of the members of the Panel shall constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson- The Panel shall select a Chairperson and Vice Chairperson from among its members.
SEC. 1532. DUTIES OF THE PANEL.
The Panel shall make recommendations to the Board on actions the Board could take to prevent fraud, waste, and abuse relating to covered funds.
SEC. 1533. POWERS OF THE PANEL.
(a) Hearings- The Panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Panel considers advisable to carry out this subtitle.
(b) Information From Federal Agencies- The Panel may secure directly from any agency such information as the Panel considers necessary to carry out this subtitle. Upon request of the Chairperson of the Panel, the head of such agency shall furnish such information to the Panel.
(c) Postal Services- The Panel may use the United States mails in the same manner and under the same conditions as agencies of the Federal Government.
(d) Gifts- The Panel may accept, use, and dispose of gifts or donations of services or property.
SEC. 1534. PANEL PERSONNEL MATTERS.
(a) Compensation of Members- Each member of the Panel who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Panel. All members of the Panel who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(b) Travel Expenses- The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel.
(1) IN GENERAL- The Chairperson of the Panel may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Panel to perform its duties. The employment of an executive director shall be subject to confirmation by the Panel.
(2) COMPENSATION- The Chairperson of the Panel may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(3) PERSONNEL AS FEDERAL EMPLOYEES-
(A) IN GENERAL- The executive director and any personnel of the Panel who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title.
(B) MEMBERS OF PANEL- Subparagraph (A) shall not be construed to apply to members of the Panel.
(d) Detail of Government Employees- Any Federal Government employee may be detailed to the Panel without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services- The Chairperson of the Panel may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(f) Administrative Support- The General Services Administration shall provide the Board with administrative support services, including the provision of office space and facilities.
SEC. 1535. TERMINATION OF THE PANEL.
The Panel shall terminate on September 30, 2012.
SEC. 1536. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to carry out this subtitle.
Subtitle C--Reports of the Council of Economic Advisers
SEC. 1541. REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS.
(a) In General- In consultation with the Director of the Office of Management and Budget and the Secretary of the Treasury, the Chairperson of the Council of Economic Advisers shall submit to the Committees on Appropriations of the Senate and House of Representatives quarterly reports based on the reports required under section 1551 that detail the impact of programs funded through covered funds on employment, estimated economic growth, and other key economic indicators.
(b) Submission of Reports-
(1) FIRST REPORT- The first report submitted under subsection (a) shall be submitted not later than 45 days after the end of the first full quarter following the date of enactment of this Act.
(2) LAST REPORT- The last report required to be submitted under subsection (a) shall apply to the quarter in which the Board terminates under section 1521.
Subtitle D--Reports on Use of Funds
SEC. 1551. REPORTS ON USE OF FUNDS.
(a) Short Title- This section may be cited as the `Jobs Accountability Act'.
(b) Definitions- In this section:
(1) AGENCY- The term `agency' has the meaning given under section 551 of title 5, United States Code.
(2) RECIPIENT- The term `recipient'--
(A) means any entity that receives recovery funds (including recovery funds received through grant, loan, or contract) other than an individual; and
(B) includes a State that receives recovery funds.
(3) RECOVERY FUNDS- The term `recovery funds' means any funds that are made available--
(A) from appropriations made under this Act; and
(B) under any other authorities provided under this Act.
(c) Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from an agency shall submit a report to that agency that contains--
(1) the total amount of recovery funds received from that agency;
(2) the amount of recovery funds received that were expended or obligated to projects or activities; and
(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including--
(A) the name of the project or activity;
(B) a description of the project or activity;
(C) an evaluation of the completion status of the project or activity; and
(D) an analysis of the number of jobs created and the number of jobs retained by the project or activity.
(d) Agency Reports- Not later than 30 days after the end of each calendar quarter, each agency that made recovery funds available to any recipient shall make the information in reports submitted under subsection (c) publicly available by posting the information on a website.
(e) Other Reports- The Congressional Budget Office and the Government Accountability Office shall comment on the information described in subsection (c)(3)(D) for any reports submitted under subsection (c). Such comments shall be due within 7 days after such reports are submitted.
TITLE XVI--GENERAL PROVISIONS--THIS ACT
emergency designation
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