 The American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law by President Obama on February 17th,  Provided $13.61 billion for projects and programs administered by HUD, nearly 75 percent of allocated to state and local recipients on February 25,  The remaining 25 percent of funds to be awarded via competition in the coming months

 First installment of government-wide guidance to carry out programs and activities enacted in the American Recovery and Reinvestment Act (“Recovery Act”) of  Establishes the planning and implementation requirements to meet the crucial accountability objectives of the Recovery Act.  contains critical action steps Federal agencies must take immediately to meet these objectives and to implement the Act effectively  addresses Federal agency requirements to provide spending and performance data to the “Recovery.gov” website

 OMB will coordinate Recovery Act activities until the Recovery Accountability and Transparency Board is in place.  OMB will support the Board in its oversight of Recovery Act implementation, including working with agencies to meet full performance of the accountability objectives.  The Board is responsible for coordinating and conducting oversight of Federal spending under the Recovery Act to prevent waste, fraud, and abuse.  The Board will monitor the accountability objectives established by the Recovery Act

 Funds awarded/distributed in prompt, fair, and reasonable manner  Uses and benefits of funds are reported clearly, accurately, timely and are transparent to the public  Fraud, waste, abuse and errors are mitigated  Funded projects avoid cost overruns and delays  Program goals are achieved with specific outcomes and improved results

1. Transparency and Reporting 2. Information Collection and Dissemination 3. Budget Execution 4. Risk Management 5. Specific actions related to award type

ReportsDocumentationReporting Period TO: Major Communications Materials in press release format posted to "Announcements" at Recovery.gov Immediately - Ongoing /2009/02/16/comms Formula Block Grant Allocations Details allocations made for each formula block grant. Immediately - Ongoing /2009/02/16/comms Weekly Updates Accumulative recovery activity to date: appropriations, obligations, expenditures Mar 3- May 12, /2009/03/01/weekly

REPORTSDocumentationReporting PeriodTO: Monthly Financial Reports By TAFS*Starting May 8, 2009 (8 days after month end) Award Transaction Data Feeds (Contracts, grants, loans etc) According to policies for USA Spending.gov Starting May 5, 2009USASpending. gov thru FPDS** Agency Recovery Act Plan NLT May 1, 2009OMB Program Specific Recovery Act Plan Funding, Activities, Delivery Schedule etc NLT May 1, 2009OMB Recipient Reporting$ Obligations, Expenses, Project/Activities details Starting July 10, 2009 (10 days after quarter end) HUD *TAFS – Treasury Appropriations Fund Symbol **FPDS – Federal Procurement Data System

 HUD Programs Recovery Act Funds by State HUD Programs Recovery Act Funds by State

 Ensure all funds are separate from non-recovery Act funds in financial and business systems  Contract/loan/loan number recorded on obligations, expenditure s and other transactions  Award documents + communications include wording that award recipients must meet reporting requirements  Contract summaries posted in Recovery.gov special section unless both fixed-price and competitively awarded  Contracts over $500K should have summary available to public and linked to Recovery.gov  Establish dedicated page on website for recovery efforts by Feb 22, 2009

 Standardized Page Title:  HUD Information Related to the ARRA Act of 2009  Main Headings to Include:  Overview of the American Recovery and Reinvestment Act of 2009  Implementing the American Recovery and Reinvestment Act of 2009  HUD Plans and Reports  Learn More About Our Programs  Prominent Links to:  Recovery.gov ▪ IG website  Final legislation ▪ Grants.gov  POC for information quality ▪ FBO.gov

 Establish unique Treasury Appropriation Fund Symbols (TAFS) in financial system for all Recovery Act funding  Plan apportionment submittals to OMB now  Determine any inter-agency agreements for procurements of goods and services

 Involves oversight by the Recovery Accountability and Transparency Board (RAT) Board  HUD must initiate risk mitigations strategies to address:  Audits-Investigations of Recovery Act funds to identify wasteful spending and minimize fraud, waste and abuse.  Qualified personnel overseeing Recovery Act funds  Competitive awards maximized  Timely expenditure of funds  Cost overruns minimized  Improper payments minimized

For individual programs receiving Recovery Act funds, risk assessment includes:  Programs receiving (or providing) the most funding  Clear and Measureable program outputs and outcomes  Existing resources are sufficient to achieve program objectives  Final recipient(s) of funds are identified (ie., contractor, subcontractor, state, locality, educational institution)

For individual programs receiving Recovery Act funds, risk assessment includes:  Existing internal controls are sufficient to adequately mitigate the risk of fraud, waste, and abuse  Agencies must have defined strategies, developed with input from the Inspector General for the agency, to prevent or timely detect waste, fraud, or abuse.  Possible performance issues with (potential) funding recipients  Leading or lagging indicators (error measurements) to monitor ongoing program performance

 Involves Contracts, Grants, and cooperative agreements, loans and loan guarantees  All Recovery Act funding reported to USASpending.gov through FPDS (amounts below $25000 to be aggregated)  Reporting starts May 5  Obligations funded with both recovery and non-recovery funds require  each line of accounting recorded separately in financial and business systems

 Figure 1, includes the government-wide accountability measures and organizes them into an accountability risk framework.  The framework places the objectives under the phase(s) of the funding lifecycle where, if necessary, those risks will be monitored and mitigated: pre-award, performance-period, post performance.

 More information on this issue will be available in the next issuance of this Guidance.  In the interim, agencies should begin planning to capture statistics related to the accountability objectives.  This information could be available on Recovery.gov and be presented in aggregate as well as by agency and project, when possible.  Reporting the information in this manner would allow stakeholders to see government-wide, agency–by- agency, and agency-program and therefore enable visibility in both aggregate and detailed views.

No --- However….  This question only applies in cases when Congress appropriates Recovery Act funds to programs where Congress has previously appropriated funds. In those cases, agencies should determine the most appropriate sequence of obligation to maximize program efficiency.  In making this determination, agencies need to explore ways to effectively expedite recovery expenditures in a manner that does not compromise program objectives or increase the risk of unintended consequences (e.g., accounting and/or payment errors, waste, fraud, etc.)

Yes.  separately report obligations associated with oversight of Recovery Act programs. The Recovery Act includes provisions that provide supplemental funding to some IGs to carry out additional oversight of activities funded by the Act.  report these funds separately in their budget execution reports and submissions to Recovery.gov.  report other funds not provided through the Recovery Act that are used to monitor Recovery Act programs in their agency.

Performance Management and Accountability Agencies in consultation with the Inspectors General, shall establish procedures to validate the accuracy of information submitted on a statistical basis and/or risk based approach as approved by OMB. Internal Controls Assessment Consistent with normal practices, agencies must use appropriate internal control assessments to assess the risk of program waste, fraud, and/or abuse. Using the aforementioned risk assessments, agencies must have defined strategies, developed with input from the Inspector General for the agency, to prevent or timely detect waste, fraud, or abuse.

 In addition to single audits, OIGs will use risk assessment techniques where data is available to identify high risk programs and non-Federal entities to be targeted for priority audits, Inspections, and investigations with faster turnaround reporting.  Single audits normally are not received until at least 9 months after the end of the non-Federal entity’s fiscal year. OIG audits can be completed and reported on more of a real time basis.  OIGs will perform audits and inspections of their respective agencies awarding, disbursing, and monitoring of Recovery Act funds to determine whether safeguards exist to for funds to be used for their intended purposes.

 OIGs will reach out to the auditing profession and provide technical assistance and training as well as perform quality control reviews to ensure single audits are properly performed and improper payments and other non-compliance is fully reported.  OIGs will perform follow-up reviews of Single Audit quality with emphasis on Recovery Act funds and report the results on Recovery.gov.  It is anticipated that this review will be performed for fiscal years ending between June 30, 2010 and 2011 which will cover the majority of the Recovery Act awards.

 For fiscal years ending September 30, 2009 and later, all Single Audit reports filed with the Federal Audit Clearinghouse (FAC) will be made publicly available on the internet. A link will be provided from Recovery.gov.  Federal agencies will review Single Audits of Recovery Act funding and provide a synopsis of audit findings relating to obligations and expenditures of Recovery Act funding.

 Each grantee or sub-grantee awarded funds made available under the Recovery Act shall promptly refer to an appropriate inspector general any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds.

Para (6) Responsibility Determinations  FAR Part 9 addresses contractor qualifications. Agencies should place special emphasis on responsibility determinations and pre- award surveys. The award of a contract based solely on lowest evaluated price can produce a false economy, increasing performance, cost, and schedule risk.  FAR Subpart states that a prospective contractor must affirmatively demonstrate its responsibility, including, when necessary, the responsibility of its proposed subcontractors.

The general standards for responsibility include that the prospective contractor have: Adequate financial resources to perform the contract or the ability to obtain them The ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments; A satisfactory record of past performance, integrity, and business ethics The necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them The necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

The Board is responsible for coordinating and conducting oversight of Federal spending under the Recovery Act to prevent waste, fraud, and abuse.  Members:Earl Devaney, Chair and other designated IG s  Functions:Monitor the accountability objectives established by the Recovery Act  Reports:Submitted to the President, Congress and the Senate/House Appropriations Committees Flash Quarterly Annual Website TITLE XV—ACCOUNTABILITY AND TRANSPARENCY Subtitle B - Recovery Accountability and Transparency Board

The Board will establish and maintain a user-friendly and public website containing: 1. Materials explaining what Act means to citizens 2. Accountability information, including findings from audits, Agency IGs, and GAO 3. Data on relevant economic, financial, grant and contract information 4. Detailed data on awarded contracts that expend funds including information on competitiveness and process used for contract award., and summaries for contracts over $500, Printable reports on covered funds obligated by month to each state and congressional district 6. A method for public feedback on contract performance

The Board will establish and maintain a user-friendly and public website containing: 7. Detailed information on Fed govt contract/grant expending funds, including data elements required with Federal Funding Accountability and Transparency Act of Aggregate reporting for awards below $25,00 or to individuals 8. A link to estimate of jobs sustained/created by Act 9. A link to information on announcements of grant competitions and solicitations for contracts to be awarded 10. Links to other state and government websites with info on covered funds

The Board will establish and maintain a user-friendly and public website containing: 11. The plan from each federal agency using covered funds 12. Info on Federal allocation of formula grants & awards of competitive grants using covered funds. 13. Info on Federal allocations of mandatory & other entitlement programs by State, county of geographical unit. 14. Job opportunities organized by location, and links to accessing job opportunities, with local employment agencies, State job banks, Labor Dept Career One Stop website, state, local and other public agencies plus contracted private firms receiving Federal funding

 Any inspector general of a Federal department or executive agency shall review, as appropriate, any concerns raised by 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.  In 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 linked to the website established by section 1526, ( RAT Board website) Section 1514 INSPECTOR GENERAL REVIEWS

 IN GENERAL. A person who believes that the person has been subjected to a reprisal prohibited by subsection may submit a complaint regarding the reprisal to the appropriate inspector general.  The inspector general has up to 180 days after receiving a complaint to determine it frivolous, make a report or agree to an extension  SEMI-ANNUAL REPORT ON EXTENSIONS. The inspector general shall include in semi-annual reports to Congress a list of those investigations for which the inspector general received an extension.  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 Section 1553 PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS.

 Semi-Annual: ◦ Separate section for Recovery funds  Listing of monetary findings for audits and cases  List of investigations with extensions - whistleblowers  List of investigations not undertaken - whistleblowers  Recovery Accountability and Transparency Board: ◦ Quarterly reports to the Board on Audit Findings  OIG Website: ◦ Link Audits and Investigation cases to the Recovery and Transparency Board website.  Budget: ◦ Report expenditure of Recovery Funds to the Department

 GAO reviewing 16 states receiving 2/3 of Recovery Act grants ◦ Region 1:MARegion 6: TX ◦ Region 2:NY, NJRegion 7: IA ◦ Region 3:PARegion 8: CO ◦ Region 4:GA, FL, NC, MSRegion 9: AZ, CA ◦ Region 5:IL, MI, OH  Also reviewing recipient reports from all 50 states and following up on those with red flags  Reviews reported bi-monthly