Fort Walton Beach Council agenda — 06-02-09 special — reading text

or expenditures of funds under the Recovery Act, the head of each executive department or agency shall immediately take all necessary steps, to the extent consistent with the Act and other applicable law, to comply with this memorandum. Section 1. Ensuring 1Vferrt -Based Docisionmaking for Grants and Other Forms of Federal Financial Assistance Under the Recovery Act. (a) Executive depart- ments and agencies shall develop transparent, merit -based selection criteria that will guide their available discretion in committing, obligating, or expend- ing funds under the Recovery Act for grants and other forms of Federal financial assistance. Such criteria shall be consistent with legal requirements, may be tailored to the particular funding activity, and shall be formulated to ensure that the funding furthers the job creation, economic recovery, and other purposes of the Recovery Act. To this end, merit -based selection criteria shall be designed to support particular projects, applications, or applicants for funding that have, to the greatest a derr)onstrated extent, or potential ability to, ( i) deliver programmatic results; ( ii) achieve economic stimulus by optimizing economic activity and the number of jobs created or saved in relation to the Federal dollars obligated; ( iii) achieve long- term public benefits by, for example, investing in technological advances in science and health to increase economic efficiency and improve quality of life; investing in transportation, environmental protection, and other infra- structure that will provide long -term economic benefits; fostering energy independence; or improving educational quality; and ( iv) satisfy the Recovery Act's transparency and accountability objectives. 12532 Federal Register / Vol. 74, No. 56/ Wednesday, March 25, 2009 / Presidential Documents b) No considerations contained in oral or written communications from any person or entity concerning particular projects, applications, or appli- cants for funding shall supersede or supplant consideration by executive departments and agencies of such projects, applications, or applicants for funding pursuant to applicable merit -based criteria. Sec. 2. Avoiding Funding of Imprudent Projects. ( a) Funds under the Recovery Act shall not be committed, obligated, or expended by any executive depart- ment or agency, and shall not be used by any State or local governmental or private grantee or awardee, to support projects of the type described in section 1604 of Division A of the Recovery Act, which states that "( n] one of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swim- ming pool." b) In exercising their available discretion to commit, obligate, or expend funds under the Recovery Act for grants and other forms of Federal financial assistance, executive departments and agencies, to the extent permitted by law, shall not approve or otherwise support funding for projects that are similar to those described in section 1604 of Division A of the Recovery Act, c) In exercising their available discretion to commit, obligate, or expend funds under the Recovery Act for grants and other forms of Federal financial assistance, executive departments and agencies, to the extent permitted by law, shall not approve or otherwise support any project, application, or applicant for funding that is imprudent or that does not further the job creation, economic recovery, and other purposes of the Act. To this end, executive departments and agencies shall exercise their available discretion to decline approving or otherwise supporting particular projects, applications, or applicants for funding unless the department or agency has affirmatively determined, in advance, that the project, application, or applicant has a demonstrated or potential ability to: ( i) deliver programmatic results; ( ii) achieve economic stimulus by optimizing economic activity and the number of jobs created or saved in relation to the Federal dollars obligated; ( iii) achieve long -term public benefits by, for example, investing in technological advances in science and health to increase economic efficiency and improve quality of life; investing in transportation, environmental protection, and other infrastructure that will provide long -term economic benefits; fostering energy independence; or improving educational quality; or ( iv) satisfy the Recovery Act' s transparency and accountability objectives. d) Where executive departments or agencies lack discretion under the Recovery Act to refuse funding for projects similar to those described in section 1604 of Division A of the Act, or other projects that the executive department or agency deems imprudent or as not furthering the job creation, economic recovery, or other purposes of the Act, the department or agency shall consult immediately with the Office of Management and Budget ( OMB) about the project and its funding requirements, Where legally permissible, the department or agency shall: i) delay funding of the project for 30 days, or the longest period permitted by law if less than 30 days, in order to ensure adequate opportunity for public scrutiny of the project prior to commitment of funds; and ii) publish a description of the proposed project ( or project plan) and its funding requirements on the agency' s recovery website as soon as practicable before or after commitment, obligation, or expenditure of funds for the project. e) Executive departments and agencies, including their respective Offices of Inspector General, shall monitor compliance with the prohibition in section 1604 of Division A of the Recovery Act, referenced in paragraph ( a) above, by contractors, grantees, and other recipients of Federal financial assistance recipients). If a department or agency believes that a recipient has not complied with section 1604, then the department or agency shall ( i) promptly Federal Register / Vol. 74, No. 56/ Wednesday, March 25, 2009 / Presidential Documents 1253:3 notify the Recovery Accountability and Transparency Board; and ( ii) take appropriate corrective action that may include, but not be limited to, dis- allowing or otherwise recovering improperly spent amounts, imposing addi- tional requirements on the recipient to ensure compliance with section 1604 ( and other applicable prohibitions and initiating a pro- obligations), ceeding for administrative civil penalties, and initiating a proceeding for suspension and debarment. Sec. 3. Ensuring Transparency of Registered Lobbyist Communications. ( a) An executive department or agency official shall not consider the view of a lobbyist registered under the Lobbying Disclosure Act of 1995, 2 U. S. C. 1601 et seq., concerning particular projects, applications, or applicants for funding under the Recovery Act unless such views are in writing. b) Upon the scheduling of, and again at the outset of, any oral communica- tion ( in- person or telephonic) with any person or entity concerning particular projects, applications, or applicants for funding under the Recovery Act, an . executive department or agency official shall inquire whether any of the individuals or parties appearing or communicating concerning such par- ticular project, application, or applicant is a lobbyist registered under the Lobbying Disclosure Act of 1995. If so, the lobbyist may not attend or participate in the telephonic or in- person contact, but may submit a commu- nication in writing. c) All written communications from a registered lobbyist concerning the commitment, obligation, or expenditure of funds under the Recovery Act for particular projects, applications, or applicants shall be posted publicly by the receiving agency or governmental entity on its recovery website within 3 business days after receipt of such communication. d) An executive department or agency official may communicate orally with registered lobbyists