STIMULUS BILL - PARTIAL TEXT - SUBTITLE: QUICK PAYOFFS AND SLUSH FUNDS and a CONSOLIDATION OF POWER.

YES, I HAVE READ THE DANG THING!

YES, I HAVE READ THE DANG THING!

YES, I HAVE READ THE DANG THING!

Several comments to my post of yesterday, Feb. 12, 2009, questioning our authority to comment about a bill that we have not read. 

NEWS FLASH:  I HAVE READ IT and any comments I have made are based on the content of the Bill, not conjecture.  Anyone who wishes to read the text of the bill can easily read the "THOMAS" copy on the U.S. Senate web site.   Search for: STIMULUS. 

When I wrote that the bill is an attempt to consolidate power and reward cronies and political supporters, my views are from a reading of the actual Bill.  Judge for yourself.  Section 1111 is a clear PAY-OFF to union supporters.  The new Secretary of Labor is commited to ending the secret ballot of workers in non-union shops.  Does anyone seriously believe that she would not promote or favor union shops in awarding contracts under this act?  

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American Recovery and Reinvestment Act of 2009,

SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES. 

In using funds made available in this Act for infrastructure investment, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act. Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit.

SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS.

(a) Formula Grants- Formula grants using funds made available in this Act shall be awarded not later than 30 days after the date of the enactment of this Act (or, in the case of appropriations not available upon enactment, not later than 30 days after the appropriation becomes available for obligation), unless expressly provided otherwise in this Act.  

(b) Competitive Grants- Competitive grants using funds made available in this Act shall be awarded not later than 90 days after the date of the enactment of this Act (or, in the case of appropriations not available upon enactment, not later than 90 days after the appropriation becomes available for obligation), unless expressly provided otherwise in this Act. 

 (c) Additional Period for New Programs- The time limits specified in subsections (a) and (b) may each be extended by up to 30 days in the case of grants for which funding was not provided in fiscal year 2008.  

SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANTEES. 

(a) Deadline for Binding Commitments- Each recipient of a grant made using amounts made available in this Act in any account listed in subsection (c) shall enter into contracts or other binding commitments not later than 1 year after the date of the enactment of this Act (or not later than 9 months after the grant is awarded, if later) to make use of 50 percent of the funds awarded, and shall enter into contracts or other binding commitments not later than 2 years after the date of the enactment of this Act (or not later than 21 months after the grant is awarded, if later) to make use of the remaining funds. In the case of activities to be carried out directly by a grant recipient (rather than by contracts, subgrants, or other arrangements with third parties), a certification by the recipient specifying the amounts, planned timing, and purpose of such expenditures shall be deemed a binding commitment for purposes of this section.  

(b) Redistribution of Uncommitted Funds- The head of the Federal department or agency involved shall recover or deobligate any grant funds not committed in accordance with subsection (a), and redistribute such funds to other recipients eligible under the grant program and able to make use of such funds in a timely manner (including binding commitments within 120 days after the reallocation).  

(c) Appropriations to Which This Section Applies- This section shall apply to grants made using amounts appropriated in any of the following accounts within this Act:  
•  
  (1) `Environmental Protection Agency--State and Tribal Assistance Grants'.  
  (2) `Department of Transportation--Federal Aviation Administration--Grants-in-Aid for Airports'.  
  (3) `Department of Transportation--Federal Railroad Administration--Capital Assistance for Intercity Passenger Rail Service'.  
  (4) `Department of Transportation--Federal Transit Administration--Capital Investment Grants'.  
  (5) `Department of Transportation--Federal Transit Administration--Fixed Guideway Infrastructure Investment'.
  (6) `Department of Transportation--Federal Transit Administration--Transit Capital Assistance'.
  (7) `Department of Housing and Urban Development--Public and Indian Housing--Public Housing Capital Fund'.
  (8) `Department of Housing and Urban Development--Public and Indian Housing--Elderly, Disabled, and Section 8 Assisted Housing Energy Retrofit'.
  (9) `Department of Housing and Urban Development--Public and Indian Housing--Native American Housing Block Grants'.
  (10) `Department of Housing and Urban Development--Community Planning and Development--HOME Investment Partnerships Program'.
  (11) `Department of Housing and Urban Development--Community Planning and Development--Self-Help and Assisted Homeownership Opportunity Program'.

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SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT.

Unless other provision is made in this Act (or in other applicable law) for such expenses, up to 0.5 percent of each amount appropriated in this Act may be used for the expenses of management and oversight of the programs, grants, and activities funded by such appropriation, and may be transferred by the head of the Federal department or agency involved to any other appropriate account within the department or agency for that purpose. Funds set aside under this section shall remain available for obligation until September 30, 2012.

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•  
  In addition to funds otherwise made available in this Act, there are hereby appropriated the following sums to the specified Offices of Inspector General, to remain available until September 30, 2013, for oversight and audit of programs, grants, and projects funded under this Act:
  •  
    (1) `Department of Agriculture--Office of Inspector General', $22,500,000.
  •  
    (2) `Department of Commerce--Office of Inspector General', $10,000,000.
  •  
    (3) `Department of Defense--Office of the Inspector General', $15,000,000.
  •  
    (4) `Department of Education--Departmental Management--Office of the Inspector General', $14,000,000.
  •  
    (5) `Department of Energy--Office of Inspector General', $15,000,000.
  •  
    (6) `Department of Health and Human Services--Office of the Secretary--Office of Inspector General', $19,000,000.
  •  
    (7) `Department of Homeland Security--Office of Inspector General', $2,000,000.
  •  
    (8) `Department of Housing and Urban Development--Management and Administration--Office of Inspector General', $15,000,000.
  •  
    (9) `Department of the Interior--Office of Inspector General', $15,000,000.
  •  
    (10) `Department of Justice--Office of Inspector General', $2,000,000.
  •  
    (11) `Department of Labor--Departmental Management--Office of Inspector General', $6,000,000.
  •  
    (12) `Department of Transportation--Office of Inspector General', $20,000,000.
  •  
    (13) `Department of Veterans Affairs--Office of Inspector General', $1,000,000.
  •  
    (14) `Environmental Protection Agency--Office of Inspector General', $20,000,000.
  •  
    (15) `General Services Administration--General Activities--Office of Inspector General', $15,000,000.
  •  
    (16) `National Aeronautics and Space Administration--Office of Inspector General', $2,000,000.
  •  
    (17) `National Science Foundation--Office of Inspector General', $2,000,000.
  •  
    (18) `Small Business Administration--Office of Inspector General', $10,000,000.
  •  
    (19) `Social Security Administration--Office of Inspector General', $2,000,000.
  •  
    (20) `Corporation for National and Community Service--Office of Inspector General', $1,000,000.
  There is hereby appropriated as an additional amount for `Government Accountability Office--Salaries and Expenses' $25,000,000, for oversight activities relating to this Act.
  None of the funds appropriated or otherwise made available in this Act may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.
  Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
  Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
  (a) Membership- The Board shall be composed of seven members as follows:
  •  
    (1) The Chief Performance Officer of the President, who shall chair the Board.
  •  
    (2) Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act.
  (b) Terms- Each member of the Board shall serve for a term to be determined by the President.
  (a) Membership- The Board shall be composed of seven members as follows:
  •  
    (1) The Chief Performance Officer of the President, who shall chair the Board.
  •  
    (2) Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act.
  (b) Terms- Each member of the Board shall serve for a term to be determined by the President.
  •  
    (1) The Chief Performance Officer of the President, who shall chair the Board.
  •  
    (2) Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act.
  (b) Terms- Each member of the Board shall serve for a term to be determined by the President.
  (a) Membership- The Board shall be composed of seven members as follows:
  •  
    (1) The Chief Performance Officer of the President, who shall chair the Board.
  •  
    (2) Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act.
  (b) Terms- Each member of the Board shall serve for a term to be determined by the President.
  (a) Membership- The Board shall be composed of seven members as follows:
  •  
    (1) The Chief Performance Officer of the President, who shall chair the Board.
  •  
    (2) Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act.
  (b) Terms- Each member of the Board shall serve for a term to be determined by the President.
  (a) Membership- The Board shall be composed of seven members as follows:
  •  
    (1) The Chief Performance Officer of the President, who shall chair the Board.
  •  
    (2) Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act.
  (b) Terms- Each member of the Board shall serve for a term to be determined by the President.

SEC. 1109. PROHIBITED USES.

None of the funds appropriated or otherwise made available in this Act may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 

SEC. 1111. WAGE RATE REQUIREMENTS.

Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

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TO BE CONTINUED. . . . .  

Next installment is the section that covers oversight.  When I suggested that this bill would serve to consolidate power, this secion of the legislation, Section 1222, is an example.