11/23/2009 15:00 EOOlPHUS TOWNS, NEW YORK, CHAIRMAN 53974 OGRR PAGE 02/03 DARRELL E. !$SA. CAlIFORNIA RANKING MlNORIlY MEMBER Dear Chairman Genachowski: The Honorable Julius Genachowski Chairman Federal Communications Commission 445 12th Street, SW Washington, DC 20554 PAUL E. KANJOASKl. PENNSYLVANIA CAAOLYN B. MALONEY. NEW YOAK EUJAH E. CUMMNGS, MARYLAND DENNIS J. KUClNICH. OHIO JOHN F. TIERNEY. MASSACHUSETTS WM. LACY CLAY, MISSOUR1 ClANE E. WATSON. CAUFORNlA STEPtiEN F. LYNCH. MASSACHUSETTS JIM COOPEA, TENNESS!! GERRY E. CONNOLLY. VIRGINIA MIKE OUIGLEY, ILUNOIS MAIICY KAPTUR. OHIO ELEANOR HOLMES NORTON. DISTRICT OF COLUMBIA PATRICK J. KENNEDY. RHODE ISLANe CANNY K. DAVIS, ILUNa'S CHRIS VNol HOLLEN. MARYLAND HENRY CUELLAR. TEXAS PAUL W. HOOeS. NEW HAMPSHIRE CHRISTOPHER S. MUFlPHY. CONNECTICUT PETER WELCH. VERMONT BILL FOSTEFL UINOIS JACKIE SPEIER. CAUFOANIA STEVE OAIEHAUS. OHIO ONE HUNDRED ELEVENTH CONGRESS (tCongrt55 of tbe Wniteb~tate5 ~ou~eof i\epre5entatibe5 COMMITIEE ON OVERSIGHT AND GOVERNMENT REFORM 2157 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515-6143 ""'"""'"" (202) 225-505\ F...,........ (202) 225-4784 MoNoIolTV (202) 225-6C74 www.ovBrsight.house.gov November 23, 2009 DNol BURTON, _ JOHN L. MICA, fLORDA MARK Eo SOUDER. INDIANA JOHN J. DUNCAN. JR.• TENNESSEE MICHAEL R. TURNER. OHlO LYNN A. WESTMOREJ.ANl). GEORGIA PATRICK T. McHENRY. NOfffH CAROLINA BRIAN P. BILBFlAY. CAUFORNIA JIM JOROAN. OHIO JEFF FLAKE. ARIZONA JEFF FORTVlBERRY. NEBRASKA JAS~CHAFFETl. UTAH AARON SCHOCK. ILUNOIS BLAINE LUETKEMEYER, MISSOURI NolH'JOSEPH" CAO. LOUISIANA On February 17,2009, President Obama signed the American Recovery and Reinvestment Act ("Recovery Act") into law. This law allocates nearly $800 billion to programs designed to put Americans to work and stimulate the economy. A sizable portion ofthis money has been allocated to the U.S. Federal Communications Commission. Section 1512 ofthe Recovery Act requires recipients ofrecovery funds from federal agencies to submit a report not later than 10 days after the end ofeach calendar quarter that includes the following: (l) the total amount ofrecovery funds received from that agency; (2) the amount ofrecovery funds received that were expended or obligated to projects or activities; and (3) a detailed list ofall projects or activities for which recovery funds were expended or obligated, including- (A) the name ofthe project or activity; (B) a description ofthe project or activity; (C) an evall.lation ofthe completion status ofthe project or activity; (D) an estimate ofthe number ofjobs created and the number ofjobs retained by the project or activity; and (E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale ofthe agency for funding the infrastructure investment with funds made available under this Act, and name ofthe person to contact at the agency ifthere are concerns with the infrastructure investment. 37 37 American Recovery and Reinvestment Act of2009 Pub. L. No. 111-5, § 1512, (2009). 11/23/2009 15:00 53974 OGRR PAGE 03/03 The Honorable Julius Genachowski November 23, 2009 Page 2 On Thursday, November 20, 2009, the White House held a conference call on the Recovery Act recipient reporting process during which Mr. Ed DeSeve, Senior Advisor to the President for Recovery Act Implementation, said the following: Each agency has a contract or a grant agreement or a loan agreement with recipients. Under the Terms and Conditions ... ofthose contracts, failure to report or inaccurate reporting carries with it various kinds ofpenalties. Those penalties will vary depending on whether it's a contract, a grant agreement or a loan agreement and which agency has executed that agreement. Agencies have already begun and will continue to notify people who are non-filers, people who did not file their reports, that they are subject to the penalties in those terms and conditions. 38 In order to facilitate the Committee's oversight ofthe implementation ofthe Recovery Act, please provide the following information: 1. The language used in the Terms and Conditions for each Recovery Act funded contracts, grants, and loan agreement related to failure to report or inaccurate reporting under Section 1512 ofthe Recovery Act; 2. A list ofRecovery Act awardees from the Department ofTransportation that did not file or have been found to have filed inaccurately under award agreements related to Section 1512 ofthe Recovery Act; 3. A list ofawardees that the Department ofTransportation has already contacted or plans to contact regarding a lack offiling or inaccurate filing under award agreements related to Section 1512 ofthe Recovery Act. Please submit the requested information no later than December 4,2009. Thank you in advance for your prompt attention to this matter. Ifyou require assistance or would like to discuss this request, please feel free to contact at any time Jennifer Safavian, ChiefCounsel for Oversight and Investigations, or Mark Marin, Professional StaffMember, at (202) 225-5074. Ranking Member cc: The Honorable Edolphus Towns, Chainnan 38 White House Media Conference Call, November 19,2009. 1 11/23/2009 15:00 53974 EDOLPHUS TOWNS, NEW YORK CHAIRMAN OGRR ONE HUNDRED ELEVENTH CONGRESS PAGE 01/03 DARRELL E. ISSA, CALIFORNIA RANKING MINORITY MEMBER ([ongrt9'!1 of tbt ifIutttb~tatt~ J)OU6t o( !\eprtlStntatibtS COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM 2157 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515-6143 ~"Jarlty(202) 225-5D51 MlnorilV (2021 22H074 FACSIMILE TRANSMISSION Date: To: From: Phone: November 23, 2009 The Honorable Julius Genachowski Chairman Federal Communications Commission Darrell E. Issa, Ranking Member Oversight & Government Reform Committee Fax: (202) 418-2806 There will be a total of 3 __pages, including cover page. Comments: Attached please find a letter from Darrell Issa, Ranking Member, Committee on Oversight and Government Reform, which is simUltaneously being mailed by USPS. Ifthere are any questions or problems regarding this transmission, please call the sender at 202-225-5074 Please Note: The infonnation on this facsimile is confidential and is intended only for the use ofthe person named above. Ifthis facsimile has come to you in error, please can the sender at the number given above. Any distribution ofthis facsimile is strictly prohibited.