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 123STA T . 2 84PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(c)SUBGRANTS T OL O C A LED UCAT I ONAL A G E NCIES .— E a c h S t at er ece iv i ng a grant u n d er thi s secti o n sha l l use at least 50p ercent o f the grant to provide local educational agencies in the State w ith su b grants based on their relative shares of funding under part A of title I of the ESEA ( 2 0 U .S. C . 631 1etse q .) for the m ost recent y ear. SEC.140 0 7 . IN N OVAT ION FU N D . (a) IN G ENERAL.— (1) ELIGIBLE ENTITIES.— F or the purposes of this section , the term ‘ ‘eligible entity ’ ’ means— (A) a local educational agency or ( B ) a partnership between a nonprofit organi z ation and— (i) one or more local educational agencies; or (ii) a consortium of schools. (2) P ROGRA M ESTABLIS H ED.—From the total amount reserved under section 1 4 001(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 sub - section (b). (3) BASIS F ORA W ARDS.— T he Secretary shall ma k e 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 e x pand 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 suc- cess. (b) ELIGIBILIT Y .—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 the ESEA (20 U.S.C. 6311(b)(2)); (2) have exceeded the State’s annual measurable ob j ectives 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 the 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. (c) S P ECIAL R ULE.—In the case of an eligible entity that includes a nonprofit organization, the eligible entity shall be considered to have met the eligibility requirements of paragraphs (1), (2), (3) of subsection (b) if such nonprofit organization has a record of meeting such requirements.


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 123STA T . 2 85PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9SEC.140 0 8 .S TA TE R E PO RTS. Foreachy ear o ft he p ro g ra mund er th is tit l e , a S tate recei v ing funds under this title shall su b mit a report to the Secretary, at such time and in such manner as the Secretary may re q uire, that describes —(1) the uses of funds provided under this title w ithin the State ( 2 ) how the State distributed the funds it received under this title; ( 3 ) the number of j obs that the G overnor estimates were saved or created with funds the State received under this title; ( 4 )ta x 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 dis - tribution of highly qualified teachers, in implementing a State longitudinal data system, and in developing and implementing valid and reliable assessments for limited E nglish 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 ta k en by the State to limit those increases; ( 7 ) the extent to which public institutions of higher edu- cation maintained, increased, or decreased enrollment of in- State students, including students eligible for P ell Grants or other need-based financial assistance; and ( 8 ) a description of each moderni z ation, renovation and repair project funded, which shall include the amounts awarded and project costs . SEC. 1400 9 .E V A LU AT I O N. T he C omptroller General of the U nited States shall conduct evaluations of the programs under sections 14 0 06 and 14007 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. 14010. SECRETAR Y’ S REPORT TO CON G RESS. The Secretary shall submit a report to the Committee on Edu- cation and L abor of the H ouse of R epresentatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on A ppropriations of the House of Representatives and of the Senate, not less than 6 months following the submission of State reports, that evaluates the information provided in the State reports under section 14008 and the information required by section 14005(b)(3) including State-by-State information. SEC. 14011. PRO H I B ITION ON PROVISION O F CERTAIN ASSISTANCE. N o recipient of funds under this title shall use such funds to provide financial assistance to students to attend private elementary or secondary schools. SEC. 1401 2 . FISCAL RELIEF. (a) IN G E NE RAL .—For the purpose of relieving fiscal burdens on States and local educational agencies that have experienced Waiver a utho rit y.

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 123STA T . 2 86PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9apreci pi tousd ec l i n ein f inancial resources , t h e S ecretar y of E du - cation m ay w ai v e or modify any re q uirement of this title relatin g to maintaining fiscal effort .(b)DURATION . —A waiver or modification under this section shall be for any of fiscal year 20 0 9, fiscal year 20 1 0, or fiscal year 2011, as determined by the Secretary. (c) C RIT E RIA.— T he Secretary shall not grant a waiver or modi- fication under this section unless the Secretary determines that the State or local educational agency receiving such waiver or modification will not provide for elementary and secondary edu- cation, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State or local educational agency than the amount provided for such purpose in the preceding fiscal year. (d) M AINTENAN C EO F EFFORT.— U pon prior approval from the Secretary, a State or local educational agency that receives funds under this title may treat any portion of such funds that is used for elementary, secondary, or postsecondary education as non- F ed- eral funds for the purpose of any requirement to maintain fiscal effort under any other program, including part C of the I ndividuals with Disabilities Education Act (20 U.S.C. 1 43 1 et seq.), adminis- tered by the Secretary. (e) SU BS E Q UENT L E V E L OF EFFORT.— N otwithstanding (d), the level of effort required by a State or local educational agency for the following fiscal year shall not be reduced. SEC.140 1 3 . D E FIN I T I O NS. E x cept as otherwise provided in this title, as used in this title— (1) the terms ‘ ‘elementary education ’ ’ and ‘‘secondary edu- cation’’ have the meaning given such terms under State law (2) the term ‘‘high-need local educational agency’’ means a local educational agency— (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or ( B ) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; (3) the term ‘‘institution of higher education’’ has the meaning given such term in section 101 of the H igher Education Act of 19 65 (20 U.S.C. 1001); (4) the term ‘‘Secretary’’ means the Secretary of Education; (5) the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of P uerto R ico; and (6) any other term used that is defined in section 9101 of the ESEA (20 U.S.C. 78 01) shall have the meaning given the term in such section. TI T LEXV—AC C OUN TA B ILIT Y AN D T R AN SP ARENCY SEC. 1 5 01. DEFINITIONS. In this title (1) A G ENC Y .—The term ‘‘agency’’ has the meaning given under section 551 of title 5, United States Code.


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 123STA T . 2 87PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9(2)BOARD.—Thet e rm‘ ‘B oa r d’ ’ mea ns the R e c o v er yA cco u nta bil ity and Trans p arency Board established in section 15 21. ( 3 ) CH A I R PE R S O N .—The term ‘‘Chairperson’’ means the Chairperson o f the Board. ( 4 )CO V ERED FU NDS.—The term ‘‘covered funds’’ means any funds that are e x pended or obli g ated from appropriations made under this Act. (5) P ANE L .—The term ‘‘Panel’’ means the Recovery I nde - pendent Advisory Panel established in section 1541. Subti t leA—Transp aren cy an dOv ersi gh t R e q uire m ents SEC.15 11. CE RTIF IC A TI ON S. W ith respect to covered funds made available to S tate or local governments for infrastructure investments , the G overnor, mayor, or other chief executive, as appropriate, shall certify that the infra- structure investment has received the full revie w and vetting re q uired by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Such certification shall include a description of the invest- ment, the estimated total cost, and the amount of covered funds to be used, and shall be posted on a website and lin k ed to the website established by section 152 6 . A State or local agency may not receive infrastructure investment funding from funds made available in this Act unless this certification is made and posted. SEC. 151 2 .RE P ORTS ON U SE OF FUN D S. (a) SHOR T TITLE.—This section may be cited as the ‘‘ J obs Accountability Act’’. (b) D EFINITIONS.—In this section (1) RE C IPIENT.—The term ‘‘recipient’’— (A) means any entity that receives recovery funds directly from the F ederal Government (including recovery funds received through grant, loan, or contract) other than an individual and (B) includes a State that receives recovery funds. (2) RECOVER Y FUNDS.—The term ‘‘recovery funds’’ means any funds that are made available from appropriations made under this Act. (c) RECIPIENT REPORTS.— N ot later than 1 0 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal 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 pro j ects 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; JobsAc co unta b il it y Act .We b p ostin g .


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 123STA T . 2 8 8 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(D)anestim ate of t h en u m b e r of j obs c reate d and the number of jobs retained b y the p roject or acti v ity and ( E ) for infrastructure investments made by S tate and l ocal g overnments , the purpose, total cost, and rationale of the agency for funding the infrastructure investment w ith funds made available under this A ct, and name of the person to contact at the agency if there are concerns with the infrastructure investment . ( 4 ) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements re q uired to comply with the F ederal Funding Accountability and T rans - parency Act of 20 0 6 ( P ublic L aw 1 0 9– 2 8 2), allowing aggregate reporting on awards below $ 2 5 ,000 or to individuals, as pre- scribed by the Director of the O ffice of M anagement and B udget. (d) A GENCYR E PORTS . —N ot later than 3 0 days after the end of each calendar quarter, each agency that made recovery funds available to any recipient shall ma k e the information in reports submitted under subsection (c) publicly available by posting the information on a website. (e) OT H ER REPORTS.—The C ongressional Budget Office and the G overnment 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 45 days after such reports are submitted. (f) CO M P LIA NCE.— W ithin 180 days of enactment, as a condition of receipt of funds under this Act, Federal agencies shall require any recipient of such funds to provide the information required under subsection (c). (g) G U I D ANCE.—Federal agencies, in coordination with the Director of the Office of Management and Budget, shall provide for user-friendly means for recipients of covered funds to meet the requirements of this section. (h) REGISTRATION.—Funding recipients required to report information per subsection (c)(4) must register with the Central Contractor Registration database or complete other registration requirements as determined by the Director of the Office of Manage- ment and Budget. SEC.15 1 3 . R E PO R T SO F T H ECO UN C IL OF ECONO M IC ADV ISERS. (a) I N 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 quarterly reports to the Committees on Appropriations of the Senate and H ouse of Representatives that detail the impact of programs funded through covered funds on employment, estimated economic growth, and other key economic indicators. (b) SU B MISSION O F REPORTS.— (1) FIRST REPORT.—The first report submitted under sub- section (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 1530. Ap p licab ili ty.


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 123STA T . 2 89PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 SEC.15 1 4 . IN S P EC TORG ENER AL RE V IE W S. (a)REVI E WS.—Anyi n spectorg enera l o f a F e d eral depart m ent ore x ec u ti v e agency s h all revie w, as appropriate, any concerns raised b y the public about specific investments using funds made available in this Act. Any findings of such reviews not related to an ongoing criminal proceeding shall be relayed immediately to the head of the department or agency concerned. I n addition, the findings of such reviews, along with any audits conducted by any inspector general of funds made available in this Act, shall be posted on the inspector general ’ s website and lin k ed to the website established by section 1526, except that portions of reports may be redacted to the extent the portions would disclose informa - tion that is protected from public disclosure under sections 552 and 552a of title 5, U nited S tates C ode. SEC. 1515. ACCESS O F OFFICES OF INSPECTOR GENERAL TO CERTAIN RECOR D SANDE M PLO Y EES. (a) A C CESS.— W ith respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Actof1 97 8 (5 U.S.C. App.), is authori z ed— (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract, that pertain to, and involve transactions relating to, the contract, subcontract, grant, or subgrant and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. (b) RE LAT I ON S H I P TO EX ISTIN G A U THO R IT Y .— N othing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general. Subti t leB—R e cov e ryA ccou n t a bility an dT ran sp arency Board SEC. 15 2 1. ESTA B LIS H MENT OF THE RECOVERY ACCO U NTABILITY AND TRANSPARENCY BOARD. T here is established the Recovery Accountability and Trans- parency B oard to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse. SEC. 1522. COMPOSITION OF BOARD. (a) CHAIRPERSON.— (1) D ESIGNATION OR APPOINT M ENT.—The P resident shall— (A) designate the Deputy Director for M anagement of the O ffice of Management and Budget to serve as Chair- person of the Board; (B) designate another Federal officer who was appointed by the President to a position that re q uired the advice and consent of the Senate, to serve as Chair- person of the Board; or (C) appoint an individual as the Chairperson of the Board, by and with the advice and consent of the Senate. (2) COMPENSATION.— (A) DESIGNATION O F FE D ERAL OFFICER.—If the Presi- dent designates a Federal officer under paragraph (1)(A) Presid e nt.W e bpo stin g .


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 123STA T . 2 90PUBLIC LA W 111 –5—FE B.1 7, 2009 or(B)t o se r v e a s Ch a i r p erso n, that F e d era l o f fi c er m a y not receive additional compensation for services performed as Chairperson . (B) AP P OINTME NTO F NON - FE D E RAL OFFI C ER. —I f the P resident appoints an individ u al as Chairperson under para g raph ( 1 )(C), that individual shall b e compensated at the rate of basic pay prescribed for level I V of the Ex ecutive S chedule under section 53 15 of title 5, U nited States Code. (b) M EM B ER S .— T he members of the Board shall include— (1) the Inspectors G eneral of the D epartments of Agri- culture, Commerce, Education, Energy, H ealth and Human Services, Homeland Security, J ustice, Transportation, Treasury, and the Treasury Inspector General for Tax Administration and ( 2 ) any other Inspector General as designated by the Presi- dent from any agency that expends or obligates covered funds. SEC.1523 . FUN C TIO NSOFT H E B O ARD . (a) F U NCTIONS.— (1) IN G ENERAL.—The Board shall coordinate and conduct oversight of covered funds in order to prevent fraud, w aste, 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 re q uirements applicable to contracts and grants using covered funds have been satisfied; (C) auditing or reviewing covered funds to determine whether wasteful spending, poor contract or grant manage- ment, or other abuses are occurring and referring matters it considers appropriate for investigation to the inspector general for the agency that disbursed the covered funds; (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 mecha- nisms for interagency collaboration relating to covered funds, including coordinating and collaborating to the extent practicable with the Inspectors General Council on Integrity and Efficiency established by the Inspector Gen- eral R eform Act of 2 0 0 8 (Public L aw 110 –4 0 9 ). (b) REPORTS.— (1) FLAS H AND OTHER REPORTS.—The Board shall submit to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, reports, to be k nown as ‘ ‘flash reports ’ ’, on potential manage- ment and funding problems that require immediate attention. The Board also shall submit to Congress such other reports as the Board considers appropriate on the use and benefits of funds made available in this Act.


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 123STA T . 2 9 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (2)QUARTE R LY RE PO RT S.—TheBoards ha l ls ubmitq uar - terl y re p orts to the P reside n t and C on g ress , in c luding the Committees on A ppropriations o f the S enate and H ouse of R epresentati v es, summari z ing the findings of the Board and the findings of inspectors general of agencies. The Board may submit additional reports as appropriate. ( 3 )A N NUAL REPORTS.—The Board shall submit annual reports to the President and Congress, including the Commit- tees on Appropriations of the Senate and House of Representa- tives, consolidating applicable quarterly reports on the use of covered funds. ( 4 )PU B L IC A V AILABILITY.— (A) I N G ENERAL.—All reports submitted under this sub- section shall be made publicly available and posted on the w ebsite established by section 15 2 6 . (B) RE D ACTIONS.—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 sub j ect to disclosure under sections 552 and 552a of title 5, U nited States Code. (c) RECO M MENDATIONS.— (1) IN GENERAL.—The Board shall ma k e recommendations to agencies on measures to prevent fraud, waste, and abuse relating to covered funds. (2) RESPONSIVE REPORTS.— N ot later than 3 0 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 Appro- priations 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.1524 . POW E R SO FTH E B O A R D . (a) IN G ENERAL.—The Board shall conduct audits and reviews of spending of covered funds and coordinate on such activities with the inspectors general of the relevant agency to avoid duplica- tion and overlap of work. (b) AUDITS AND REVIE W S.—The Board may— (1) conduct its own independent audits and reviews relating to covered funds; and (2) collaborate on audits and reviews relating to covered funds with any inspector general of an agency. (c) AUT H ORITIES.— (1) AUDITS AND REVIEWS.—In conducting audits and reviews, the Board shall have the authorities provided under section 6 of the Inspector General Act of 1 978 (5 U.S.C. App.). Additionally, the Board may issue subpoenas to compel the testimony of persons who are not F ederal officers or employees and may enforce such subpoenas in the same manner as pro- vided for inspector general subpoenas 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 Audits.Webpo sti ng .


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 123STA T . 2 9 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 withsec ti on4(b) ( 1 )o f the I ns p ecto rG ener alA ctof1 978 ( 5U.S . C . App.). ( d ) PUBLICHEAR I NGS . —T he B oard m a y hold p u blic hearin g s and Board personnel may conduct necessary in q uiries. The head of each agency shall ma k e all officers and employees of that agency a v ailable to provide testimony to the Board and Board personnel. The Board may issue subpoenas to compel the testimony of persons who are not F ederal officers or employees at such public hearings. Any such subpoenas may be enforced in the same manner as provided for inspector general subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (e) C O N T RACTS.—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) TRANS F ER OF FUN D S.—The Board may transfer funds appro - priated to the Board for e x penses to support administrative support services and audits, reviews, or other activities related to oversight by the Board of covered funds to any office of inspector general, the O ffice of M anagement and Budget, the General Services Administration, and the Panel. SEC.152 5.E MPLOY ME NT, PE R SONNEL, A N D RELATED A U T H OR I TIES. (a) EMP LO Y MENT AND PERSONNEL AUT H ORITIES.— (1) IN GENERAL.— (A) AUTHORITIES.—Sub j ect to paragraph ( 2 ), the Board may exercise the authorities of subsections (b) through (i) of section 3 161 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 organi z ation’’. (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 employ- ment 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 153 0 . (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 prac- ticable and not in contravention of any existing law, furnish such information or assistance to the Board, or an authorized designee. (2) R EPORT OF REFUSALS.— W henever information or assist- ance requested by the Board is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report


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 123STA T . 2 9 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 thecir c ums t an ces t o the con g ressiona l committees o fj uris d ic - tion , including the C ommittees on Ap propriations of the S enate and H ouse of R epresentati v es, w ithout dela y.( c ) A DMIN I STRA TI VE S UP P O RT. —T he G eneral Services Adminis- tration shall provide the B oard with administrative support serv- ices, including the provision of office space and facilities. SEC.1526 . BOARDW EBS IT E. (a) E STA BL IS H MENT.—The Board shall esta b lish and maintain, no later than 30 days after enactment of this Act, a user-friendly, public-facing website to foster greater accountability and trans- parency in the use of covered funds. (b) P URPOSE.—The website established and maintained under subsection (a) shall be a portal or gateway to k ey information relating to this Act and provide connections to other Government websites with related information. (c) CONTENT AND F UN C TION.— I n establishing the website estab- lished and maintained under subsection (a), the Board shall ensure the following ( 1 ) The website shall provide materials e x plaining what this Act means for citi z ens. The materials shall be easy to understand and regularly updated. ( 2 ) The website shall provide accountability information, including findings from audits, inspectors general, and the Government Accountability O ffice. (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 Federal Government that expend covered funds, including information about the competitiveness of the con- tracting process, information about the process that was used for the award of contracts, and for contracts over $5 00,000 a summary of the contract. (5) The website shall include printable reports on covered funds obligated by month to each State and congressional dis- trict. ( 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 include detailed information on Fed- eral Government contracts and grants that expend covered funds, to include the data elements re q uired to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public L aw 10 9– 2 8 2), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the D irector of the Office of M anagement and Budget. (8) The website shall provide a link to estimates of the jobs sustained or created by the Act. (9) The website shall provide a link to information about announcements of grant competitions and solicitations for con- tracts to be awarded. (10) The website shall include appropriate links to other government websites with information concerning covered funds, including Federal agency and State websites. Contrac t s.G rants. De a dli ne. Pub lic in f or m ation.


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 123STA T . 2 94PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (1 1 )Thew e bsit esh al li nc l ud ea p lan from each F ederal a g enc y for using funds made a v ailable in this A ct to the agency . (1 2 ) The website shall provide information on Federal allocations of formula grants and awards of competitive grants using covered funds. (1 3 ) The website shall provide information on Federal allocations of mandatory and other entitlement programs by S tate , county, or other appropriate geographical unit. (1 4 )Tothee x tent practical, the website shall provide, organi z ed by the location of the j ob opportunities involved, lin k s to and information about how to access job opportunities, including, if possible, links to or information about local employ - ment agencies, job banks operated by State workforce agencies, the D epartment of L abor ’ s C areer O neStop website, State, local and other public agencies receiving Federal funding, and private firms contracted to perform work with Federal funding, in order to direct job seekers to job opportunities created by this Act. (1 5 ) The website shall be enhanced and updated as nec- essary to carry out the purposes of this subtitle. (d) WAIVER . — The B oard may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, U nited States Code. SEC.1527 . IND E P ENDENCE OF INSPEC T O R S G ENER AL . (a) IND E P ENDEN T A U T HO RIT Y .— N othing in this subtitle shall affect the independent authority of an inspector general to deter- mine whether to conduct an audit or investigation of covered funds. (b) R E Q UE S TS B Y BOARD.—If the Board re q uests 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 3 0 days after rejecting the request, submit a report to the Board, the head of the applicable agency, and the congressional committees of juris- diction, including the Committees on Appropriations of the Senate and H ouse of Representatives. The report shall state the reasons that the inspector general has rejected the request in whole or in part. The inspector general’s decision shall be final. SEC. 152 8 . COORDINATION W IT H THE CO M PTROLLER GENERAL AND STATE A U DITORS. The Board shall coordinate its oversight activities with the Comptroller G eneral of the United States and State auditors. SEC. 152 9 . AUTHORI Z ATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this subtitle. SEC. 15 30 . TERMINATION OF THE B OARD. The Board shall terminate on September 30, 2013. Deadlin e .R e ports . P lans.


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 123STA T . 2 95PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 09 Subti t leC—R e cov e ryInd e p endent A dvi s ory Pa nel SEC.154 1. ES TABLI S HM E N T OFR ECO V ER Y IN D E P ENDENT ADVISORY PANEL. (a)ESTABLI S HMEN T .—Ther e is es t a bl ishe d the R e cov er yIn de -p endent A dvisory P anel. (b) M EMBE R SHI P .—The Panel shall be co m posed o f5 members w ho shall be appointed by the President. (c) QU ALI F I C ATI O NS.—Members shall be appointed on the basis ofe x pertise in economics , p u blic finance, contractin g , accounting, or any other relevant field. (d) INITIAL MEETIN G .— N ot 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 C hair- person of the Panel. (f) QUORUM.—A ma j ority of the members of the Panel shall constitute a q uorum, but a lesser number of members may hold hearings. (g) CHAIRPERSON AN DV ICE CHAIRPERSON.—The Panel shall select a Chairperson and Vice Chairperson from among its members. SEC. 154 2 .D U TIES OF THE PANEL. The Panel shall ma k e recommendations to the B oard on actions the Board could take to prevent fraud, waste, and abuse relating to covered funds. SEC. 154 3 .PO W ERS OF THE PANEL. (a) H EARINGS.—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 F ROM FEDERAL AGENCIES.—The Panel may secure directly from any agency such information as the Panel considers necessary to carry out this subtitle. U pon request of the Chairperson of the Panel, the head of such agency shall furnish such information to the Panel. (c) POSTAL S ER V ICES.—The Panel may use the United States mails in the same manner and under the same conditions as agen- cies of the Federal G overnment. (d) GIFTS.—The Panel may accept, use, and dispose of gifts or donations of services or property. SEC. 1544. 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 53 1 5 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. Recom me nda-ti on s.D ead l ine. Pr esident.


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 123STA T . 2 96PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (b)TRAVELEXP E NS ES .— T hem embe rsoft he Pan e l shall be allo w e d tra v ele xp enses ,i n c l u din g per diem in lieu of subsistence, at rates authori z ed for emplo y ees of agencies under subchapter I of chapter 57 of title 5, U nited S tates C ode, while away from their homes or regular places of business in the performance of services for the Panel. (c) S T A F F.— ( 1 )IN G ENERAL.—The Chairperson of the Panel may, with - out 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 sub j ect to confirmation by the Panel. ( 2 )C OM PENSAT I ON.—The Chairperson of the Panel may fix the compensation of the executive director and other per- sonnel without regard to chapter 51 and subchapter III of chapter 5 3 of title 5, United States Code, relating to classifica- tion of positions and G eneral 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 531 6 of such title. (3) PERSONNEL AS FE D ERAL EMPLO Y EES.— ( A ) IN GENERAL.—The executive director and any per- sonnel of the Panel who are employees shall be employees under section 21 0 5 of title 5, United States Code, for pur- poses of chapters 63, 8 1,83,8 4, 85,87,8 9 , 89A, 89 B , and 90 of that title. (B) M EM B ERS OF PANEL.—Subparagraph (A) shall not be construed to apply to members of the Panel. (d) D ETAIL OF GOVERNMENT EMPLOYEES.—Any F ederal Govern- ment employee may be detailed to the Panel without reimburse- ment, and such detail shall be without interruption or loss of civil service status or privilege. (e) PRO CU REMENT OF TEMPORARY AND INTERMITTENT SERV- ICES.—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 e q uiva- lent 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 Adminis- tration shall provide the Panel with administrative support services, including the provision of office space and facilities. SEC.154 5. T E RMINA TI O NO F T H E P ANE L . The Panel shall terminate on September 30, 2013. SEC. 154 6 .A U THORI Z ATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this subtitle. Subti t leD—Ad diti ona lA c countabilit y and Tr an sp arency R e q uire m ents SEC. 1551. AUTHORIT Y TO ESTA B LISH SEPARATE FUN D IN G ACCOUNTS. Although this Act provides supplemental appropriations for programs, projects, and activities in existing Treasury accounts, Waiver a utho rit y.


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 123STA T . 2 97PUBLIC LA W 111 –5—FE B. 17 , 2 0 09 tofacil itat e t r ac k i ng t h e s ef u n d s through T reasur y and agency accounting syste m s , the S ecretary of the Treasury shall ensure that all funds a p propriated in this A ct shall b e established in separate Treasury accounts, unless a w ai v er from this provision is approved by the D irector of the O ffice of M anagement and B udget .SEC.15 5 2 . SE T-A S ID E FOR STATE A N D L OCAL G O V ERN M ENT RE P ORTING AND RECORD K EEPING. F ederal agencies receiving funds under this Act, may, after following the notice and comment rulemaking re q uirements under the Administrative P rocedures Act (5U .S. C .5 0 0 ) , reasonably ad j ust applicable limits on administrative e x penditures for Federal awards to help award recipients defray the costs of data collection require - ments initiated pursuant to this Act. SEC. 155 3 . PROTECTING STATE AND LOCAL GOVERNMENT AND CON- TRACTOR WH ISTLE B LOWERS. (a) P ROHIB I T IO N O FREP RI SAL S. — An employee of any non-Fed- eral employer receiving covered funds may not be discharged, demoted, or otherwise discriminated against as a reprisal for dis- closing, including a disclosure made in the ordinary course of an employee ’ s duties, to the Board, an inspector general, the Comp- troller G eneral, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate mis- conduct), a court or grand jury, 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 related to the implementation or use of covered funds; ( 4 ) an abuse of authority related to the implementation or use of covered funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. (b) I N V ESTI G ATION OF CO M PLAINTS.— (1) IN GENERAL.—A person who believes that the person has been subjected to a reprisal prohibited by subsection (a) may submit a complaint regarding the reprisal to the appro- priate inspector general. E xcept as provided under paragraph (3), unless the inspector general determines that the complaint is frivolous, does not relate to covered funds, or another Federal or State judicial or administrative proceeding has previously been invoked to resolve such complaint, the inspector general shall investigate the complaint and, upon completion of such investigation, submit a report of the findings of the investiga- tion to the person, the person’s employer, the head of the appropriate agency, and the Board. (2) TIME LIMITATIONS FOR A C TIONS.— (A) IN GENERAL.—Except as provided under subpara- graph (B), the inspector general shall, not later than 1 8 0 days after receiving a complaint under paragraph (1)— Deadlin e .


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 123STA T . 2 98PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (i)make a d e t e r mi n ati o nt h at the c om pl aint i sf ri v olo u s , does not relate to covered funds, or another F ederal or S tate j udicial or administrative proceedin g has previousl yb een invoked to resolve such complaint or (ii) submit a report under paragraph ( 1 ) . ( B ) EXTENSIO NS. — (i) V O LU NT ARY EXTENSION A G REE D TO B ET W EEN INS P E C TOR GENERAL AND CO M PLAINANT.— I f the inspector general is unable to complete an investigation under this section in time to submit a report w ithin the 1 80- day period specified under subparagraph ( A ) and the person submitting the complaint agrees to ane x tension 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 com- plaint. (ii) EXTENSION GRANTED BY INSPECTOR GENERAL.— If the inspector general is unable to complete an inves- tigation under this section in time to submit a report within the 180-day period specified under subpara- graph (A), the inspector general may extend the period for not more than 180 days without agreeing with the person submitting the complaint to such extension, provided that the inspector general provides a written explanation (subject to the authority to exclude information under paragraph ( 4 )( C )) for the decision, which shall be provided to both the person submitting the complaint and the non-Federal employer. (iii) SEMI-ANNUAL REPORT ON EXTENSIONS.— T he inspector general shall include in semi-annual reports to Congress a list of those investigations for which the inspector general received an extension. ( 3 ) D ISCRETION NOT TO IN V ESTIGATE COMPLAINTS.— (A) IN GENERAL.—The inspector general may decide not to conduct or continue an investigation under this section upon providing to the person submitting the com- plaint and the non-Federal employer a written explanation (subject to the authority to exclude information under para- graph (4)(C)) for such decision. (B) ASSUMPTION O F RIG H TS TO CIVIL REMEDY.— U pon receipt of an explanation of a decision not to conduct or continue an investigation under subparagraph (A), the per- son submitting a complaint shall immediately assume the right to a civil remedy under subsection (c)(3) as if the 2 10-day period specified under such subsection has already passed. (C) SEMI-ANNUAL REPORT.—The inspector general shall include in semi-annual reports to Congress a list of those investigations the inspector general decided not to conduct or continue under this paragraph. (4) ACCESS TO INVESTIGATIVE FILE OF INSPECTOR GEN- ERAL.— (A) IN GENERAL.—The person alleging a reprisal under this section shall have access to the investigation file of Reports.D eter mina tion.


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 123STA T . 2 9 9 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 theap p ro pr i ate i ns pe c tor g enera l in accor d ance w ith sec - tion 5 5 2 ao f title 5 ,U nited S tates C ode ( co m monl y referred to as the ‘ ‘ P ri v acy A ct ’ ’ ).T he investigation of the inspector general shall b e deemed closed for p u rposes of disclosure under such section when an employee files an appeal to an agency head or a court of competent j urisdiction. ( B )C IV I LACT I ON . —I n the event the person alleging the reprisal brings suit under subsection (c)( 3 ), the person alleging the reprisal and the non- F ederal employer shall have access to the investigative file of the inspector general in accordance with the Privacy Act. (C) EX C EP TION.—The inspector general may e x clude from disclosure— (i) information protected from disclosure by a provision of law and (ii) any additional information the inspector gen- eral determines disclosure of which would impede a continuing investigation, provided that such informa- tion is disclosed once such disclosure would no longer impede such investigation, unless the inspector general determines that disclosure of law enforcement tech- ni q ues, procedures, or information could reasonably be expected to ris k circumvention of the law or disclose the identity of a confidential source. (5) P R IVAC Y O F INFOR M ATION.—An inspector general inves- tigating an alleged reprisal under this section may not respond to any inquiry or disclose any information from or about any person alleging such reprisal, except in accordance with the provisions of section 552a of title 5, United States Code, or as required by any other applicable Federal law. (c) R EME D Y AND ENFORCEMENT A U T H ORITY.— ( 1 ) BURDEN OF PROOF.— (A) D I S CLOSURE AS CONTRI B UTIN G FACTOR IN REPRISAL.— (i) IN GENERAL.—A person alleging a reprisal under this section shall be deemed to have affirmatively established the occurrence of the reprisal if the person demonstrates that a disclosure described in subsection (a) was a contributing factor in the reprisal. (ii) USE OF CIRCUMSTANTIAL EVIDENCE.—A disclo- sure may be demonstrated as a contributing factor in a reprisal for purposes of this paragraph by cir- cumstantial evidence, including— (I) evidence that the official undertaking the reprisal knew of the disclosure; or (II) evidence that the reprisal occurred within a period of time after the disclosure such that a reasonable person could conclude that the disclo- sure was a contributing factor in the reprisal. (B) O PPORTUNITY FOR REBUTTAL.—The head of an agency may not find the occurrence of a reprisal with respect to a reprisal that is affirmatively established under subparagraph (A) if the non-Federal employer dem- onstrates by clear and convincing evidence that the non- Federal employer would have taken the action constituting the reprisal in the absence of the disclosure.


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 123STA T . 3 0 0 PUBLIC LA W 111 –5—FE B.1 7, 200 9(2)AGENCYA C TIO N .—Notla t er t h a n30d a ys a f ter re c e iv in g an ins p ector general report u nder su b section (b) , the head of the agency concerned shall deter m ine w hether there is suffi - cient basis to conclude that the non- F ederal employer has sub- j ected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief in whole or in part or shall ta k e 1 or more of the following actions (A) O rder 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), compensatory damages, employment benefits, and other terms and condi- tions 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 e q ual to the aggregate amount of all costs and e x penses (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 or a court of competent jurisdiction. (3) CI V I L ACTION.— I f the head of an agency issues an order denying relief in whole or in part under paragraph (1), has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an exten- sion of time under subsection (b)(2)(B)(i), within 30 days after the expiration of the extension of time, or decides under sub- section (b)(3) not to investigate or to discontinue an investiga- tion, and there is no showing that such delay or decision 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 U nited S tates, 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. ( 4 ) JUD ICIAL EN F O R CE M ENT OF ORDER.— W henever a person fails to comply with an order issued under paragraph (2), 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, compensatory and exemplary damages, and attorneys fees and costs. ( 5 ) JUDICIAL REVIE W .—Any person adversely affected or aggrieved by an order issued under paragraph (2) 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 6 0 days after issuance of the order by the head of the agency. R eview shall conform to chapter 7 of title 5, United States Code. Deadlin e . Deadline s . Deadline. De t e rm inati o n. R elie f orders.


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The New International Encyclopædia/Civil Service

CIVIL SERVICE. The civil service of a State is, properly speaking, the entire body of public officials charged with the duty of conducting its civil administration. As commonly employed, however, the term does not include members of the military and naval establishments, nor members of the legislative branch of the Government; nor, generally, other elective officers. Indeed, in the popular connotation of the phrase, the direct representatives of the sovereignty, whether elective or appointive, are not usually included. Thus, neither the appointed members of the British Cabinet nor the elected President of the United States would usually be described as civil servants; while there is no doubt that the Viceroy of India and the Civil Governor of the Philippine Islands, as well as the members of the President's Cabinet, come under that designation. On the other hand, it is not usual to include within the description of the civil service mere laborers, though the method of their employment, their terms of office, and, sometimes, the nature of their duties, render it difficult to distinguish them from their co-employés of the State, who are undeniably within the common acceptation of the term.

The civil service of a modern civilized State is a very complex affair, consisting of a multitude of officers and civil servants of various grades, performing a great variety of highly differentiated functions, and grouped in various administrative departments. Some of the more important of these are modern additions to the functions of the State, while others are of great antiquity. Thus, the officers of the royal household in England, many of the officers of the courts of justice in Great Britain and the United States, can trace their offices back to the very beginnings of English history, while such great administrative departments as the Post-Office, the British Board of Trade, the United States Department of Agriculture and Interstate Commerce Commission are of recent origin. It is to the modern additions, especially to the institution of a postal service, that we owe the enormous increase in the number of public servants in the latter half of the nineteenth century. To this should be added, however, as contributing causes, the large increase in the number and size of cities in recent times, with the growing necessity for police protection, together with the

by municipalities and by the State, of a variety of services and functions that were previously left to private enterprise; such as the cleaning of streets, the removal of waste, and the furnishing of a water-supply in cities, and, in some countries, the building and management of telegraph-lines, railways, and canals, and of irrigation-works on a large scale, by the general Government.

The British civil service now numbers about 80,000 officials of all grades. At the head stand the officers of the Royal Household, under several departments; then come the officers of the House of Lords and the House of Commons; then a vast number of offices or departments, of which the following are the more important: Treasury, home office, foreign office, colonial office, India office, war office, admiralty, board of trade, post-office, customs, inland revenue (including stamps, taxes, and excise), exchequer and audit office, office of woods and forests, office of works and buildings, Duchy of Lancaster, public-record office, local government board, education department, civil-service commission, registrar-general's office, stationery office, ecclesiastical commission, charity commission, patent-office, emigration office, Trinity House, herald's college, law and equity courts, ecclesiastical and admiralty courts, prisons department, British Museum, science and art department, diplomatic and consular corps. Several departments peculiar to Scotland and Ireland form distinct lists, not included in the above. The heads of most of the departments are political officers, changing with the Ministry. Others, such as the head of the exchequer and audit department, or the commissioners of customs and of inland revenue, are permanent officials. Excluding the judicial offices, and a few departments where special knowledge is required, the civil service is open to the public generally, the principle of open competition being in force as regards most of the departments. See, paragraph on Government.

The civil administration of the Federal Government of the United States is confided to a body of upward of 100,000 officials. These are all included within the eight general departments of the National Government — the Departments of State, Justice, Interior, War, Navy, Treasury, Post-Office, and Agriculture — and Congress, though some of these contain a large number and variety of bureaus dealing with a great diversity of interests not logically related to the main business of the department. As examples of this incongruity, it is only necessary to mention the National Observatory, under the jurisdiction of the Navy Department, and the National Library, under that of Congress. The President is the great source of power in the American Federal system, all the officers of the Government, excepting the Vice-President, the members of the two Houses of Congress, and the employés of the latter, owing their offices to his appointment.

The curious identity of the governmental and administrative forms which have been adopted in the several States of the American Union is treated in the article, section on State Government. The result of this identity is, of course, a great similarity in the civil service of the States. In most of the States, the principal judicial officers and the heads of the great departments of administration, as well as the

and Lieutenant-Governor, are chosen by popular vote. Generally, each elective officer has the power to name his own subordinates, the Governor's appointing power being limited to his own clerks and secretaries and to the officials of certain bureaus or commissions, which do not come under the jurisdiction of the constitutional departments of administration. The restricted character of the functions of the States in our Federal system has thus far furnished no occasion for an extensive civil service, and, accordingly, the number of persons employed in that service in the State governments is very small compared with the number employed in the Federal service. The establishment of a State constabulary, or police system, or the assumption by the Commonwealth of the ownership and operation of telegraphs, railroads, or other great industrial enterprises, would of course enormously increase the civil service of the State.

In the modern city, on the other hand, by reason of the great diversity and extent of the functions of municipal government in our day, the number of civil servants is very great, and tends constantly to increase. Not only the purely governmental operations of a city government, as the maintenance of a police force and efficient local tribunals; not only its quasi-governmental functions, as the regulation and administration of a system of public instruction, the cleaning of streets, and the removal of waste; not only its gigantic business enterprises, as in supplying its citizens with water and gas, and the building and operation of bridges, systems of transportation, etc.; but also its administration of the property interests committed to its charge, as the docks, parks, streets, etc., call for a vast and complicated machinery of administration and an army of civil servants. American cities have generally reproduced, with great fidelity and uniformity, the type of municipal government brought over by our earliest city-builders from England. The head of the administration is a mayor, elected by popular vote, and with him are usually chosen a treasurer, comptroller, or other financial officer, and sometimes other heads of departments. But generally the power of appointment vested in the mayor is a large one, and often it extends to the appointment of most if not all of the chiefs of the several administrative departments of the local government. See

Local political divisions, such as counties, towns, parishes, and school districts, present a greater diversity of governmental form and administration; but in the United States the number of appointive officers in those divisions is small, and in a general view of the subject of civil service they do not call for special consideration.

The method of appointment to the public service and the tenure of the civil servant vary greatly in England, according to the historical character of the service; in the United States, according to the jurisdiction and the rank of the official. High officers of State are appointed in Great Britain by royal warrant; in the United States, by commission. In the former country the complexity of the service is great, many public officers deriving their status from long usage, and being attended with privileges and immunities of immemorial force. Many of them are for life, many have the personal quality associated with

the feudal tenure of land, and some are hereditary. Indeed, by the common law of England, public office was a species of real property, held by a tenure, like land, and vesting in the incumbent an estate, either for life or in fee. Even as late as the middle of the eighteenth century, offices are enumerated by Blackstone in his classification of real property as one of the class of incorporeal hereditaments. (See .) Today, however, most of the positions in the public service in England and all offices in the United States are, in law, regarded as held in trust for the public benefit; and though an appointment to office usually vests in the incumbent a certain definite right to perform its duties and enjoy its emoluments, it no longer entitles him to make merchandise of it, to alienate it, or to transmit it to his heirs. All public offices in the United States being of comparatively recent origin, and created by statute, there is much greater simplicity and uniformity in the mode of their creation and in the incidents of their tenure than in Great Britain. Comparatively few positions in the public service here are held by a life-tenure — the principal exceptions being high judicial positions in the Federal service and in a few of the States. In many cases an office is held at the will of the appointing power, and by statute a large proportion of the positions in the Federal service are held by a four years' tenure. See .

The power of appointment to the public service, even when, as is usually the case, unrestricted in theory, may be practically limited by custom, by the despotism of political party control, or, as in the case of the President of the United States, by the operation of self-imposed rules. The British Parliament, and many of the United States, have enacted laws restricting the exercise of the power of appointments, and prescribing the qualifications for the civil service, and providing for an impartial method of selection among the candidates for office; and in several States these provisions have been embodied in the Constitution. The object of these laws being to raise the moral tone and improve the efficiency of the civil service by eliminating, so far as possible, political motives for appointments, and by securing to the incumbents of public office independence of external control, whether personal or political, some form of the so-called ‘merit system’ (q.v.) has generally been adopted. Similar boards exist in New York and in many other cities to govern appointments to municipal office. This system will be fully described under that title; but it may be noticed, here, that it is based on the principle of competitive examinations, conducted by a board of administrative officers known usually as ‘Civil-Service Commissioners.’ The results of the examinations and the rating of the candidates are reported by the Civil-Service Board to the appointing officer, who makes his selection from among the names so certified to him, as the law may direct.

The power of appointment being vested in the President of the United States by the Federal Constitution, it is not within the power of Congress to fetter his action by the enactment of similar laws. The merit system has, however, been extensively applied by the voluntary action of the President, most of the great departments of the Government being now wholly or in large

part under its operation — the most conspicuous exceptions being the post-offices, the consular service, and the Census Bureau.

In many of the States, by law, and in some departments of the Federal Administration by executive order, the independence of civil servants has been further secured by provisions restricting the power of removal from office, in many cases by providing for a definite tenure, and in others by requiring the removing officer to file his reasons for making the proposed removal, and to give the accused official an opportunity to be heard in his own defense. In still other cases, where the tenure is for life, or ‘during good behavior,’ the action of the removing officer may be reviewed by the courts, and the removed official reinstated if the grounds for the removal are deemed by the court to be insufficient. Generally, however, where the tenure is not permanent, the provisions above described operate solely as a check on hasty and inconsiderate action, and as securing to the civil servant reasonable notice and the consideration of his claims upon the office, and vest no power of review in the courts. It has been judicially determined that the civil-service rules promulgated by the President of the United States do not have the force of general law, and confer upon members of the service no right to invoke the aid of the courts to protect them against violation thereof. They are the President's law, and he alone can enforce them. The general effect of the adoption of the merit system and of the legislation last referred to has been most salutary. The evils at which these laws were aimed, and the history of the popular movement which resulted in their general adoption, will be found set forth in the article on. See Ashley, The American Federal State (New York, 1902); Anson, Law and Custom of the Constitution (Oxford, 1892); Eaton, Civil Service in Great Britain (New York, 1880); Goodnow, Comparative Administrative Law (New York, 1893); and the authorities referred to under.


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 123STA T . 3 0 1 PUBLIC LA W 111 –5—FE B.1 7, 200 9(d)NONE N F O RC E ABIL I TY OF C ERTAIN P RO V I S IONS W AIVIN GR IG H TS AN D RE M EDIES OR RE QU IRING A RBITRATION OF D IS P UTES .— ( 1 ) WAIVER OF RIGHTS AND REMEDIES.— Exceptas p rovi ded un der para g rap h ( 3 ), the rights and re m edies provided f or in this section ma y not b e w aived by any agreement, po l icy, form, or condition of employment, including by any predispute arbitration agreement. ( 2 ) PREDISPUTE ARBITRATION AGREEMENTS.—Except as pro - vided under paragraph (3), no predispute arbitration agreement shall be valid or enforceable if it re q uires arbitration of a dispute arising under this section. (3) E X CEPTION FOR COLLECTIVE BARGAINING AGREEMENTS.— Notwithstanding paragraphs (1) and (2), an arbitration provi- sion in a collective bargaining agreement shall be enforceable as to disputes arising under the collective bargaining agree- ment. (e) REQUIREMENT TO POST NOTICE OF RIGHTS AND REMEDIES.— Any employer receiving covered funds shall post notice of the rights and remedies provided under this section. (f) RULES OF CONSTRUCTION.— (1) NO IMPLIED AUTHORITY TO RETALIATE FOR NON-PRO- TECTED DISCLOSURES.—Nothing in this section may be con- strued to authori z e the discharge of, demotion of, or discrimina- tion 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. (2) RELATIONSHIP TO STATE LA W S.—Nothing in this section may be construed to preempt, preclude, or limit the protections provided for public or private employees under S tate whistle- blower laws. (g) DEFINITIONS.— I n this section (1) ABUSE OF AUTHORITY.— T he term ‘ ‘abuse of authority ’ ’ means an arbitrary and capricious exercise of authority by a contracting official or employee that adversely affects the rights of any person, or that results in personal gain or advan- tage to the official or employee or to preferred other persons. (2) COVERED FUNDS.—The term ‘‘covered funds’’ means any contract, grant, or other payment received by any non- F ederal employer if— (A) the Federal G overnment provides any portion of the money or property that is provided, requested, or demanded and ( B ) at least some of the funds are appropriated or otherwise made available by this Act. (3) EMPLOYEE.—The term ‘‘employee’’— (A) except as provided under subparagraph (B), means an individual performing services on behalf of an employer; and (B) does not include any Federal employee or member of the uniformed services (as that term is defined in section 1 0 1(a)( 5 ) of title 10, U nited States Code). ( 4 ) NON-FEDERAL EMPLOYER.—The term ‘‘non-Federal employer’’— (A) means any employer— (i) with respect to covered funds— (I) the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor,


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 123STA T . 3 0 2 PUBLIC LA W 111 –5—FE B.1 7, 200 9subcontra ctor ,g rant e e, or rec ip ientisane m p l o y er an d(I I ) any pro f essional members h ip organi z ation, certification or other professional body, any agent or licensee of the F ederal go v ernment, or any per - son acting directly or indirectly in the interest of an employer receiving covered funds; or (ii) w ith respect to covered funds received by a S tate or local government, the State or local govern- ment receiving the funds and any contractor or subcon- tractor of the State or local government; and ( B ) does not mean any department, agency, or other entity of the Federal G overnment . ( 5 )S TA T EORL O C AL G O V ER NM ENT. —T he term ‘ ‘State or local government ’ ’ means— ( A ) the government of each of the several States, the D istrict of C olumbia, the Commonwealth of P uerto R ico, Guam, American Samoa, the V irgin Islands, the Common- wealth of the N orthern M ariana Islands, or any other territory or possession of the U nited States; or (B) the government of any political subdivision of a government listed in subparagraph (A). SEC.15 5 4 .S P EC IAL C ONTR ACTIN G PRO V ISIONS. To the ma x imum extent possible, contracts funded under this Act shall be awarded as fixed-price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures shall be posted in a special section of the website estab- lished in section 1 5 26 . TIT LEX VI—GENERAL PR O VISIONS—T H IS ACT RELAT I ON SH I P TO OTHER APPROPRIATIONS SEC. 16 0 1. Each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved. Enactment of this Act shall have no effect on the availability of amounts under the Continuing Appropriations Resolution, 200 9 (division A of Public Law 110 –3 29). PRE F ERENCE FOR QU IC K -START ACTIVITIES SEC. 1602. In using funds made available in this Act for infra- structure 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 j ob creation and economic benefit. PERIO D OF AVAILA B ILIT Y SEC. 1603. All funds appropriated in this Act shall remain available for obligation until September 30, 2010, unless expressly provided otherwise in this Act.


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 123STA T . 3 0 3 PUBLIC LA W 111 –5—FE B.1 7, 200 9LIM I TONFU N DSSEC.1604 . None o fth ef u n dsap p r opr i ated or other w ise m ade a v ai l a b le in this Ac tma y be used by any State or local g overnment , or any private entity, for any casino or other gambling establish - ment, a q uarium, z oo, golf course, or swimming pool. B U YA ME R ICAN SEC. 160 5 . U SE OF AMERICAN I RON, STEEL, AND M ANUFACTURED G OODS. ( a ) None of the funds appropriated or otherwise made available by this Act may be used for a pro j ect for the construction, alteration, maintenance, or repair of a public building or public wor k unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the F ederal department or agency involved finds that — (1) applying subsection (a) would be inconsistent with the public interest ( 2 ) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or ( 3 ) inclusion of iron, steel, and manufactured goods pro- duced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal R egister a detailed written justification as to why the provision is being waived. (d) T his section shall be applied in a manner consistent with United States obligations under international agreements. W A G E RATE RE Q UIREMENTS SEC. 1606. 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 L abor in accordance with subchapter I V of chapter 31 of title 40, United States C ode. W ith respect to the labor standards speci- fied in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization P lan Numbered 14 of 1 9 50 (64 Stat. 126 7 United States Code. ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF A P PROPRIATE USE OF FUNDS SEC. 1607. (a) CERTIFICATION BY GO V ERNOR.—Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that (1) the State will request and use funds provided by this Act; and (2) the funds will be used to create jobs and promote economic growth. Deadlin e .Co n tr a c t s . Ap plica b ilit y . F ederal R e g ister, p u blication. W ai v er aut h ority.
 * 5 U.S.C. App.) and section 3145 of title 40,


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 123STA T . 3 04PUBLIC LA W 111 –5—FE B.1 7, 200 9(b)AC C EPTAN CE BYS TATE L E GISL AT UR E .—If f undsprovi d e d t o a n y State in any division of t h isA c t are not accepted for use by the G overnor , then acceptance by the State l e g islature, by m eans of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. (c) D ISTRIBUTI O N.—After the adoption of a State legislature ’ s concurrent resolution, funding to the State w ill be for distribution to local governments, councils of government, public entities, and public - private entities within the State either by formula or at the State’s discretion. ECONO M IC STABILI Z ATION CONTRACTING SEC. 1608 . R E F ORM OF C ONTRACTING P ROCE D URES U NDER E ESA. Section 10 7 (b) of the Emergency Economic Stabili z ation Act of 2 008 (12 U.S.C. 5 217(b)) is amended by inserting ‘ ‘and individuals with disabilities and businesses owned by individuals with disabilities (for purposes of this subsection the term ‘individual with disability’ has the same meaning as the term ‘handicapped individual’ as that term is defined in section 3 (f) of the Small B usiness Act (15 U.S.C. 632(f)),’’ after ‘‘(12 U.S.C. 1 4 41a(r)(4)),’’. SEC. 160 9 . (a) F INDINGS.— (1) T he N ational Environmental Policy Act protects public health, safety and environmental q uality by ensuring trans- parency, accountability and public involvement in federal actions and in the use of public funds (2) W hen President Ni x on signed the National Environ- mental Policy Act into law on J anuary 1, 1970, he said that the Act provided the ‘‘direction’’ for the country to ‘‘regain a productive harmony between man and nature’’; (3) The National Environmental Policy Act helps to provide an orderly process for considering federal actions and funding decisions and prevents ligation and delay that would otherwise be inevitable and existed prior to the establishment of the National Environmental Policy Act. (b) Adequate resources within this bill must be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act are completed on an expeditious basis and that the shortest existing applicable process under the National Environmental Policy Act shall be utilized. (c) The President shall report to the Senate Environment and Public Wor k s Committee and the H ouse Natural Resources Com- mittee every 90 days following the date of enactment until Sep- tember 30, 2011 on the status and progress of pro j ects and activities funded by this Act with respect to compliance with National Environmental Policy Act requirements and documentation. SEC. 1610. (a) None of the funds appropriated or otherwise made available by this Act, for projects initiated after the effective date of this Act, may be used by an executive agency to enter into any Federal contract unless such contract is entered into in accordance with the Federal Property and Administrative Services Act (41 U.S.C. 253) or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes. (b) All projects to be conducted under the authority of the Indian Self-Determination and Education Assistance Act, the Trib- ally-Controlled Schools Act, the Sanitation and Facilities Act, the Presid e nt.R e po rts. D e a d l ines.


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 123STA T . 3 05PUBLIC LA W 111 – 5 —FE B.1 7, 200 9NativeAm e r i c a nHous in g an dS e lf-D etermination Assistance Act and t h e B u y - I ndian Act shall b e identified by the a p propriate Sec- retary and the appropriate Secretary shall incorporate provisions to ensure that the agreement conforms w ith the provisions of this Act regarding the timing for use of funds and transparency , over- sight, reporting, and accountability, including review by the Inspec- tors G eneral, the Accountability and T ransparency Board, and Government Accountability O ffice, consistent with the ob j ectives of this Act . S EC. 16 11. H IR I NG A M ERIC A N WO R K ER S IN C OM P ANIES R ECEI V ING TAR PFU N D ING. ( a ) S H OR T TIT L E. — This section may be cited as the ‘ ‘ E mploy American Wor k ers Act ’ ’. (b) PROHI B ITION.— (1) IN GENERAL.—Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabili z ation Act of 20 0 8 (Public L aw 110 –34 3) or section 13 of the Federal Reserve Act (12 U .S.C. 342 et se q .) to hire any nonimmigrant described in section 101(a)(1 5 )(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H–1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), e x cept that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DE F INED TERM.—In this subsection, the term ‘‘hire’’ means to permit a new employee to commence a period of employment. (c) SUNSET PROVISION.—This section shall be effective during the 2-year period beginning on the date of the enactment of this Act. SEC. 1612. During the current fiscal year not to exceed 1 percent of any appropriation made available by this Act may be transferred by an agency head between such appropriations funded in this Act of that department or agency
 * Provide

d , That such appropriations shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided fu r th er, That the agency head shall notify the Committees on Appropriations of the Senate and House of Representatives of the transfer 15 days in advance: Provided further, That notice of any transfer made pursuant to this authority be posted on the website established by the Recovery Act Account- ability and Transparency Board 15 days following such transfer: Provided further, That the authority contained in this section is in addition to transfer authorities otherwise available under current law: Provided further, That the authority provided in this section shall not apply to any appropriation that is subject to transfer provisions included elsewhere in this Act. Notif i ca tio n.Webp o s tin g . D ea dl ine. Notification. Deadline. Em plo yA me r ican Wor k ers Act.


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 123STA T . 3 06PUBLIC LA W 111 –5—FE B.1 7, 200 9DIV I S I ONB—TAX,U N EMPL O Y MENT, H EALTH, STATE F IS C AL R ELIEF, AND OTHER PROVISIONS TITLE I—TAX PROVISIONS SEC.10 00. S HORT T I T L E , ETC. (a)SHORTTI T LE.— T hist it lem a yb e c ite d as the ‘ ‘ A me r ica nR ec ov ery and Reinvestment Ta x Act o f20 0 9’ ’. (b) RE F ERE NC E.— E xce p t as other w ise expressly provided , when - ever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the I nternal Reven u e C ode of 1 9 86 . (c) T AB LE OF CONTENT S .—The table of contents for this title is as follows
 * TI

T LE I — T AXPROV I S IO N S S ec.10 00. S hort t i t l e , etc. S ub title A—T ax Relie f for I nd i v idual s and F a m ilies PART I— GEN E RAL TA X REL I E F Sec. 1001. M a k in gw ork p a y credit. Sec. 100 2 . Temporary increase in earned income tax credit. Sec. 100 3 . Temporary increase of refundable portion of child credit. Sec. 100 4 . American opportunity tax credit. Sec. 100 5 . C omputer technology and e q uipment allowed as a qualified higher edu - cation expense for section 52 9 accounts in 2009 and 2010. Sec. 100 6 . Extension of and increase in first-time homebuyer credit waiver of re- quirement to repay. Sec. 100 7 . Suspension of tax on portion of unemployment compensation. Sec. 100 8 . Additional deduction for State sales tax and excise tax on the purchase of certain motor vehicles. PART II—AL T ERNATI V E MINI MU M TAX RELIEF Sec. 1011. Extension of alternative minimum tax relief for nonrefundable personal credits. Sec. 1012. Extension of increased alternative minimum tax exemption amount. Subtitle B —Energy Incentives PART I—RENE W A B LE ENER GY IN C ENTIVE S Sec. 1101. Extension of credit for electricity produced from certain renewable re- sources. Sec. 1102. Election of investment credit in lieu of production credit. Sec. 1103. Repeal of certain limitations on credit for renewable energy property. Sec. 1104. Coordination with renewable energy grants. PART II—INCREASE D ALL O CATIONS OF NEW CLEAN RENEWABLE ENERGY BONDS AND Q UALIFIED ENERGY CONSERVATION BONDS Sec. 1111. Increased limitation on issuance of new clean renewable energy bonds. Sec. 1112. Increased limitation on issuance of qualified energy conservation bonds. PART III—ENERGY CONSERVATION INCENTIVES Sec. 1121. Extension and modification of credit for nonbusiness energy property. Sec. 1122. Modification of credit for residential energy efficient property. Sec. 1123. Temporary increase in credit for alternative fuel vehicle refueling prop- erty. PART IV—MODIFICATION OF CREDIT FOR CARBON D IOXIDE SE Q UESTRATION Sec. 1131. Application of monitoring requirements to carbon dioxide used as a ter- tiary in j ectant. 26USC1ets e q. 26USC1 note . Am e rica n R eco v er y an d Reinve s tment T a x Act o f 2 0 0 9.


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 123STA T . 3 07PUBLIC LA W 111 –5—FE B. 17 , 200 9PARTV— P LUG-INE L ECTR IC D RI V E MO TOR VE H ICLE SSec.1 1 4 1. Cr e ditfo r n e wqual ified p lu g -in electric dri v e m otor ve h icle s . Sec. 114 2 . Credit for certain plug-in electric vehicles. Sec. 114 3 . Conversion k its. Sec. 1144. Treatment of alternative motor vehicle credit as a personal credit al- lowed against AMT. PART V I —P A RIT YF OR TRANS P ORTATION F RINGE B ENEFITS Sec. 11 5 1. Increased e x clusion amount for commuter transit b enefits and transit passes. Subtitle C—Tax Incentives for Business PART I—TE M PORARY INVESTMENT INCENTIVES Sec. 12 0 1. Special allowance for certain propert y acquired during 200 9 . Sec. 1202. Temporary increase in limitations on expensing of certain depreciable business assets. PART II—SMALL BUSINESS PROVISIONS Sec. 1211. 5-year carryback of operating losses of small businesses. Sec. 1212. Decreased required estimated tax payments in 2009 for certain small businesses. PART III—INCENTIVES FOR N E WJ O B S Sec. 1221. Incentives to hire unemployed veterans and disconnected youth. PART IV—RULES RELATING TO DEBT INSTRUMENTS Sec. 1231. Deferral and ratable inclusion of income arising from business indebted- ness discharged by the reacquisition of a debt instrument. Sec. 1232. Modifications of rules for original issue discount on certain high yield ob- ligations. PART V— Q UALIFIE D SMALL BUSINESS STOC K Sec. 1241. Special rules applicable to qualified small business stock for 2009 and 2010. PART VI—S CORPORATIONS Sec. 1251. Temporary reduction in recognition period for built-in gains tax. PART VII—RULES RELATING TO O WNERSHIP CHANGES Sec. 12 6 1. Clarification of regulations related to limitations on certain built-in losses following an ownership change. Sec. 1262. Treatment of certain ownership changes for purposes of limitations on net operating loss carryforwards and certain built-in losses. Subtitle D—Manufacturing Recovery Provisions Sec. 1301. Temporary expansion of availability of industrial development bonds to facilities manufacturing intangible property. Sec. 1302. Credit for investment in advanced energy facilities. Subtitle E—Economic Recovery Tools Sec. 1401. Recovery z one bonds. Sec. 1402. Tribal economic development bonds. Sec. 1403. Increase in new markets tax credit. Sec. 1404. Coordination of low-income housing credit and low-income housing grants. Subtitle F—Infrastructure Financing Tools PART I—IMPROVED MARKETABILITY FOR TA X -EXEMPT BONDS Sec. 1501. De minimis safe harbor exception for tax-exempt interest expense of fi- nancial institutions. Sec. 1502. Modification of small issuer exception to tax-exempt interest expense al- location rules for financial institutions. Sec. 1503. Temporary modification of alternative minimum tax limitations on tax- exempt bonds. Sec. 1504. Modification to high speed intercity rail facility bonds. PART II—DELAY IN APPLICATION OF W ITHHOLDING TAX ON G OVERNMENT CONTRACTORS Sec. 1511. Delay in application of withholding tax on government contractors.


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 123STA T . 3 08PUBLIC LA W 111 –5—FE B.1 7, 200 9PARTI II — T AXCREDITBON D SF OR SCH OO L S S ec.152 1. Qualif ie ds c ho ol co n s tr uction b onds. Sec. 1522. Ex tension and ex p ansion of q ualified z one acade my bonds. PART I V —B U ILD A M ERICA BONDS Sec. 15 3 1. Build America bonds. PART V—RE G ULATED IN V ESTMENT COM P ANIES ALLO W ED TO PASS - THRU TAX CREDIT BOND CREDITS Sec. 15 4 1. Re g ulated in v estment companies allo w ed to pass-thru tax credit bond credits. Subtitle G — O ther Provisions Sec. 1 60 1. Application of certain labor standards to pro j ects financed with certain tax-favored bonds. Sec. 1602. Grants to States for low-income housing projects in lieu of low-income housing credit allocations for 200 9 . Sec. 1603. Grants for specified energy property in lieu of tax credits. Sec. 1604. Increase in public debt limit. Subtitle H —Prohibition on Collection of Certain Payments M ade U nder the Continued D umping and Subsidy Offset Act of 2000 Sec. 1 7 01. Prohibition on collection of certain payments made under the Continued Dumping and Subsidy Offset Act of 2000. Subtitle I—Trade Adjustment Assistance Sec. 1 8 00. Short title. PART I—TRADE AD J USTMENT ASSISTANCE FOR W OR K ERS SU B PART A—TRADE ADJUSTMENT ASSISTANCE FOR SERVICE SECTOR WORKERS Sec. 1801. Extension of trade adjustment assistance to service sector and public agency wor k ers shifts in production. Sec. 1802. Separate basis for certification. Sec. 1803. Determinations by Secretary of L abor. Sec. 1804. Monitoring and reporting relating to service sector. SUBPART B—INDUSTR Y NOTIFICATIONS FOLLOWING CERTAIN AFFIRMATIVE DETERMINATIONS Sec. 1811. N otifications following certain affirmative determinations. Sec. 1812. Notification to Secretary of Commerce. SUBPART C—PROGRAM BENEFITS Sec. 1821. Qualifying Requirements for Workers. Sec. 1822. Weekly amounts. Sec. 1823. Limitations on trade readjustment allowances; allowances for extended training and breaks in training. Sec. 1824. Special rules for calculation of eligibility period. Sec. 1825. Application of State laws and regulations on good cause for waiver of time limits or late filing of claims. Sec. 1826. Employment and case management services. Sec. 1827. Administrative expenses and employment and case management serv- ices. Sec. 1828. Training funding. Sec. 1829. Prerequisite education; approved training programs. Sec. 1830. Pre-layoff and part-time training. Sec. 1831. On-the-job training. Sec. 1832. Eligibility for unemployment insurance and program benefits while in training. Sec. 1833. J ob search and relocation allowances. SUBPART D—REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM Sec. 1841. Reemployment trade adjustment assistance program. SUBPART E—OTHER MATTERS Sec. 1851. Office of Trade Adjustment Assistance. Sec. 1852. Accountability of State agencies; collection and publication of program data; agreements with States.


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 123STA T . 3 09PUBLIC LA W 111 –5—FE B.1 7, 2009 Sec.1853 . V e rif ic at i on ofe l i g i b ilit y for p rogra m benefit s . Sec. 185 4 . C ollection of d ata and reports information to w or k ers. Sec. 1855. F ra u d and reco v ery of overpayments. Sec. 185 6 . Sense of Congress on application of trade ad j ustment assistance. Sec. 185 7 . Consultations in promulgation of regulations. Sec. 1858. T ec h nical corrections. PAR T I I — T RADE AD JUSTM E N T ASS I STAN C E FO R FIRMS Sec. 1861. Ex pansion to service sector firms. Sec. 186 2 . M odification of re q uirements for certification. Sec. 1863. B asis for determinations. Sec. 1864. O versight and administration; authori z ation of appropriations. Sec. 1865. Increased penalties for false statements. Sec. 1866. Annual report on trade adjustment assistance for firms. Sec. 1867. Technical corrections. PART III—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES Sec. 1871. Purpose. Sec. 1872. Trade adjustment assistance for communities. Sec. 1873. Conforming amendments. PART IV—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS Sec. 1881. D efinitions. Sec. 1882. Eligibility. Sec. 1883. Benefits. Sec. 1884. Report. Sec. 1885. Fraud and recovery of overpayments. Sec. 1886. Determination of increases of imports for certain fishermen. Sec. 1887. Extension of trade adjustment assistance for farmers. PART V— G ENERA L PRO V ISIONS Sec. 18 9 1. Effective date. Sec. 1892. Extension of trade adjustment assistance programs. Sec. 1893. Termination; related provisions. Sec. 1894. Government Accountability Office report. Sec. 1895. Emergency designation. PART VI— H EALT H COVERA G EIM P ROVEMENT Sec. 1899. Short title. Sec. 1899A. Improvement of the affordability of the credit. Sec. 1899B. Payment for monthly premiums paid prior to commencement of ad - vance payments of credit. Sec. 1899C. TAA recipients not enrolled in training programs eligible for credit. Sec. 1899D. TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable coverage. Sec. 1899E. Continued qualification of family members after certain events. Sec. 1899F. Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients. Sec. 1899G. Addition of coverage through voluntary employees ’ beneficiary associa- tions. Sec. 1899H. N otice requirements. Sec. 1899I. Survey and report on enhanced health coverage tax credit program. Sec. 1899 J . Authorization of appropriations. Sec. 1899 K . Extension of national emergency grants. Sec. 1899 L . GAO study and report. Subti t leA—TaxR elie f f orInd i v idual s and F a m ilies PARTI—GEN ERA L TA X RELIE FSEC.10 01. MAKINGWOR K P A Y CRE D I T . (a)INGE NE RAL.—Subp a rtCof part I V of s ub ch apt e r A of chapter 1i sa m e nd edb y insertin g after section 36 the fo l lo w ing new section

‘SEC. 36 A. MAKING WORK PAY CREDIT. ‘ ‘(a) ALL OW AN C EO F CRE DIT .—In the case of an eligible indi -v idual , there shall be allowed as a credit against the ta x imposed


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 123STA T . 31 0PUBLIC LA W 111 –5—FE B.1 7, 200 9bythis s u btit lefor the t ax able year a n a m ount e q ual to the lesser of —‘ ‘ (1)6.2p er c ent of earne d income of the taxpayer , or ‘‘(2) $40 0($ 8 00inthecaseofa j oint return). ‘‘(b) LIM I TA TI ONB A SED ON M ODI F IED A D JU STED GR OSS I N C OME.— ‘‘(1) IN G ENERA L .— T he amount allo w able as a credit under subsection (a) (determined without re g ard to this paragraph and subsection (c)) for the taxable year shall be reduced (but not below z ero) by 2 percent of so much of the taxpayer ’ s modified adjusted gross income as exceeds $ 75 ,000 ($150,000 in the case of a joint return). ‘‘(2) MODIFIED ADJUSTED GROSS INCOME.— F or purposes of subparagraph (A), the term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 9 11, 9 3 1, or 933. ‘‘(c) R EDUCTION FOR C ERTAIN O T H ER P A Y MENTS.—The credit allowed under subsection (a) for any taxable year shall be reduced by the amount of any payments recei v ed by the taxpayer during such taxable year under section 2201, and any credit allowed to the taxpayer under section 2202, of the American Recovery and Reinvestment Tax Act of 2009. ‘‘(d) D EFINITIONS AND SP ECIAL RULES.—For purposes of this section— ‘‘(1) E LIGI B LE INDI V IDUAL.— ‘‘(A) IN GENERAL.—The term ‘eligible individual’ means any individual other than— ‘‘(i) any nonresident alien individual, ‘‘(ii) any individual with respect to whom a deduc - tion under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and ‘‘(iii) an estate or trust. ‘‘(B) IDENTIFICATION NUMBER RE Q UIREMENT.—Such term shall not include any individual who does not include on the return of tax for the taxable year— ‘‘(i) such individual’s social security account number, and ‘‘(ii) in the case of a joint return, the social security account number of one of the taxpayers on such return. For purposes of the preceding sentence, the social security account number shall not include a TI N issued by the Internal Revenue Service. ‘‘(2) EARNED INCOME.—The term ‘earned income’ has the meaning given such term by section 32(c)(2), except that such term shall not include net earnings from self-employment which are not ta k en into account in computing taxable income. For purposes of the preceding sentence, any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year. ‘‘(e) TERMINATION.—This section shall not apply to taxable years beginning after December 31, 2010.’’. (b) TREATMENT OF POSSESSIONS.— (1) PAYMENTS TO POSSESSIONS.— 26USC3 6 Anote.


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 123STA T . 311 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(A)MIR R O R C O DEP O S SESSIO N.—TheS e cr e ta r yof the Trea su ry sha l l p ay to each possess i o n of the U nite d States w ith a m irror code ta x system amounts e q ual to the loss to that possession b y reason of the amendments made by this section with respect to taxable years be g inning in 20 0 9 and 20 1 0. Such amounts shall be determined by the Secretary of the Treasury based on information pro -v ided by the government of the respective possession. ( B ) OTH ER POSSESSIONS.—The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the amend- ments made by this section for taxable years beginning in 2009 and 2010 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan , which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (2) C OORDIN A TION W ITH CREDIT A L LOWED A G AINST U NITED STATES INCO M ETA X ES.— N o credit shall be allowed against United States income taxes for any taxable year under section 36 Aofthe I nternal R evenue Code of 19 8 6 (as added by this section) to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) D E F INITIONS AND SPECIAL RULES.— (A) P OSSESSION OF THE UNITED STATES.— F or purposes of this subsection, the term ‘ ‘possession of the United States ’ ’ includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) MIRROR CODE TAX S Y STEM.—For purposes of this subsection, the term ‘‘mirror code tax system’’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) TREATMENT OF PAYMENTS.—For purposes of section 132 4 (b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 36A of the Internal Revenue Code of 1986 (as added by this section). (c) REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.—Any credit or refund allowed or made to any individual by reason of section 36A of the Internal Revenue Code of 1986 (as added by this section) or by reason of subsection (b) of this section shall not be ta k en into account as income and shall not be taken into account as resources for the month of receipt and the following 2 months, 26USC3 6 Anote.Ef fe c t iv e da te s. Effective dates.