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Report to the Republican Leader: 

United States Government Accountability Office:
GAO: 

February 2010: 

Recovery Act: 

Project Selection and Starts Are Influenced by Certain Federal 
Requirements and Other Factors: 

GAO-10-383: 

GAO Highlights: 

Highlights of GAO-10-383, a report to the Republican Leader. 

Why GAO Did This Study: 

The American Recovery and Reinvestment Act of 2009 (Recovery Act) aims 
to stimulate the economy. It provided $787 billion in spending and tax 
provisions; more than a third of the money was slated for projects and 
activities, including construction and certain research projects. To 
implement a project using federal funds, agencies and funding 
recipients must comply with federal laws and regulations. 

GAO was asked to identify key federal requirements that apply to 
Recovery Act projects and to assess the extent to which (1) selected 
agencies have obligated and spent funds for Recovery Act projects and 
(2) federal requirements and other factors have affected, or are 
expected to affect, project selection and start dates. GAO requested 
data from 27 agencies that received appropriations under the act. We 
also spoke with officials responsible for implementing Recovery Act 
projects in 16 states and the District of Columbia, which together are 
estimated to receive about two-thirds of the intergovernmental federal 
assistance available under the act. We also spoke with organizations 
representing state and local officials and the private sector, as well 
as private sector contractors. 

Although GAO is not making recommendations in this report, these 
findings may be helpful in considering and designing legislation with 
similar objectives. 

What GAO Found: 

As of December 31, 2009, the 27 federal agencies GAO reviewed had 
obligated a total of $194 billion (63 percent) of the $309 billion 
that was appropriated by the Recovery Act for projects and activities, 
according to data provided by agency officials. By this date, the 
percentage of funds obligated ranged from nearly 100 percent for the 
National Endowment for the Arts ($50 million) to 18 percent for the 
Social Security Administration ($183 million). As of that same date, 
the agencies reported they had spent 20 percent ($61 billion) of their 
appropriated funds. However, according to agency officials, the amount 
reported as spent may not accurately reflect the amount of work done 
on a given project because payment for federal projects generally 
occurs after work is completed, and the recipient may not yet have 
submitted an invoice for payment. 

Some federal agency officials reported that certain federal 
requirements and other factors affected their ability to select and 
start Recovery Act projects. These include the following: 

* Davis-Bacon requirements. Four federal agencies—the Departments of 
Commerce, Energy, and Housing and Urban Development (HUD), and the 
Environmental Protection Agency (EPA)—told us that Davis-Bacon 
requirements affected the timing of some of their Recovery Act 
projects. For example, the Department of Energy’s Weatherization 
Assistance Program became subject to the Davis-Bacon requirements for 
the first time after having been previously exempt from those 
requirements. Thus, the Department of Labor (Labor) had to determine 
the prevailing wages for weatherization workers in each county in the 
United States, a task it completed on September 3, 2009. Seven out of 
16 states and the District of Columbia that GAO has been reviewing 
said that they had waited to begin weatherizing homes until Labor had 
determined county-by-county prevailing wage rates for their state. 
States used only a small percentage of their available funds in 2009, 
mostly because state and local agencies needed time to develop the 
infrastructures required for managing the significant increase in 
weatherization funding and for ensuring compliance with Recovery Act 
requirements, including Davis-Bacon requirements. As of December 31, 
2009, according to data available to Energy, about 9,100 homes had 
been weatherized out of a planned 593,000. In addition, officials from 
HUD told us that until passage of the Recovery Act, one of its grant 
programs had never been subject to Davis-Bacon requirements. 
Therefore, agency staff, grantees, and contractors needed to establish 
and implement new administrative procedures, which delayed the start 
of construction projects. Officials from 10 states and 3 local 
agencies said Davis-Bacon requirements had similarly caused delays in 
implementing Recovery Act projects. 

* Buy American requirements. Five federal agencies—the Departments of 
Commerce, Education, Homeland Security, and HUD, as well as EPA—told 
us that Buy American provisions had affected their ability, or their 
grantees’ ability, to select or start some Recovery Act projects. For 
example, a project within Homeland Security’s Electronic Baggage 
Screening Program was slowed as officials awaited a Buy American 
waiver, which became necessary when the contractor learned that U.S.-
made components would have hindered the integration of an airport’s 
security systems. At the local level, officials from the Chicago 
Housing Authority (CHA) reported that the only security cameras that 
are compatible with the existing CHA system and City of Chicago police 
systems are not made in the United States. CHA worked with HUD 
officials to determine how to seek a waiver for this particular 
project. Officials from 2 states also said that Buy American 
requirements affected their ability to select and start projects. 

* The National Historic Preservation Act. Two federal agencies—the 
Departments of Commerce and Transportation—told us that this act 
affected the selection and start of projects. For example, Department 
of Transportation officials said that projects to improve the security 
of train stations, bridges, and tunnels were delayed because Amtrak 
had to obtain clearances for its projects through the various state 
historic preservation offices before starting work. Likewise, 7 states 
identified this act as a factor that did or could impact the timing of 
their Recovery Act projects. For example, officials from the Michigan 
Department of Human Services stated that an estimated 90 percent of 
the homes slated for weatherization in their state would need a 
historic preservation review. As of late fall 2009, the state historic 
preservation office had only two employees, so state officials were 
concerned that the review process could cause significant delays, 
according to Michigan officials. To avoid further delays, Michigan 
officials told us that they have since signed an agreement with the 
state historic preservation office, which they believe will expedite 
the review process. 

Federal agency officials also stated that factors other than federal 
requirements affected their ability to quickly select or start 
projects. These include: 

* challenges associated with starting entirely new programs, 

* states’ budgeting issues, such as difficulties in providing matching 
funds, 

* higher staff workloads because of the act, 

* seasonal issues or weather, and, 

* lack of clarity on the meaning of “shovel-ready.” 

Officials from some federal agencies told us that federal requirements 
did not affect the timing of certain projects. These officials cited 
two main reasons why they were able to implement some Recovery Act 
projects quickly. First, in certain cases, federal officials said the 
award processes for Recovery Act projects were not substantially 
different from the processes they follow for non-Recovery Act 
projects. Second, to expedite the use of Recovery Act funds, some 
federal officials told GAO that they had either (1) intentionally 
selected projects that had already satisfied key federal requirements, 
such as environmental reviews, or (2) modified existing contracts or 
awarded funding to projects that had already undergone peer review 
during an earlier review process. 

View [hyperlink, http://www.gao.gov/products/GAO-10-383[ or key 
components. For more information, contact Patricia A. Dalton at (202) 
512-3841 or daltonp@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Agencies Had Obligated a Total of $194 Billion of Division A Funds as 
of December 31, 2009: 

The Effects of Federal Requirements and Other Factors on Project 
Selection and Starts Varied: 

Agency Comments and Our Evaluation: 

Appendix I: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Recovery Act Division A Appropriations, Obligations, and 
Spending (Cumulative) by Federal Agencies, as of June 30, 2009, 
September 30, 2009, and December 31, 2009: 

Table 2: Percentage of Recovery Act Division A Appropriations 
Obligated and Spent by Federal Agencies, as of June 30, 2009, 
September 30, 2009, and December 31, 2009: 

Figures: 

Figure 1: Factors Federal Officials Most Often Cited as Affecting 
Their Ability to Select or Start Projects: 

Figure 2: Factors State and Local Government Officials Most Often 
Cited as Affecting Their Ability to Select or Start Projects: 

Abbreviations: 

BTOP: Broadband Technology Opportunities Program: 

CHA: Chicago Housing Authority: 

DHS: Department of Homeland Security: 

EPA: Environmental Protection Agency: 

FAR: Federal Acquisition Regulation: 

GSA: General Services Administration: 

HUD: Department of Housing and Urban Development: 

NACO: National Association of Counties: 

NASA: National Aeronautics and Space Administration: 

NEPA: National Environmental Policy Act: 

NHPA: National Historic Preservation Act: 

NTIA: National Telecommunications and Information Administration: 

OMB: Office of Management and Budget: 

SBA: Small Business Administration: 

SHPO: State Historic Preservation Office: 

USAID: U.S. Agency for International Development: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

February 8, 2010: 

The Honorable Mitch M. McConnell: 
Republican Leader: 
United States Senate: 

Dear Leader McConnell: 

The American Recovery and Reinvestment Act of 2009 (Recovery Act) is 
intended to promote economic recovery, make investments, and minimize 
or avoid reductions in state and local government services.[Footnote 
1] Enacted on February 17, 2009, the act was a response to the 
economic recession at a time when the jobless rate was approaching 8 
percent. The Recovery Act provided funding for a range of programs and 
specified that priority should be given to certain infrastructure 
projects that could be completed within 3 years. (The Administration 
referred to projects that can be quickly initiated as "shovel-ready.") 
In early 2009, the Congressional Budget Office projected that the 
Recovery Act would increase employment by between 1.2 million and 3.6 
million jobs by the end of 2010 and estimated that its net cost would 
total approximately $787 billion from 2009 through 2019. Of that 
total, more than one-third comes from Division A of the act, which 
provides substantial funding for, among other things, projects and 
activities.[Footnote 2] 

When implementing a project using federal funds, agencies and funding 
recipients must typically comply with certain federal laws and 
regulations that are intended to, among other things, ensure fair and 
open competition and financial integrity, and protect the environment. 
These laws and regulations typically include the following: 

* The Federal Acquisition Regulation (FAR) establishes uniform 
policies and procedures for executive branch agencies to acquire goods 
and services.[Footnote 3] Among its many objectives, the FAR strives 
to facilitate the purchase of high-value products and services on a 
timely basis while maintaining the public's trust in the procurement 
process and fulfilling public policy objectives. Generally, the FAR 
requires agencies to compete contracts by, among other things, 
publishing a notice on the Federal Business Opportunities Web site (a 
database of federal government contracting opportunities), accepting 
bids from interested parties, evaluating proposals, and awarding 
contracts. In addition, each federal agency may institute agency-
specific rules to better meet its procurement objectives. 

* The National Environmental Policy Act (NEPA) establishes national 
environmental policies and goals to ensure that federal agencies 
properly consider environmental factors before deciding on a 
project.[Footnote 4] Under NEPA, federal agencies evaluate the 
potential environmental effects of projects they are proposing using 
an environmental assessment or, if projects may significantly affect 
the environment, a more detailed environmental impact statement. 
[Footnote 5] 

* The National Historic Preservation Act (NHPA) declares that the 
federal government has a responsibility to expand and accelerate 
historic preservation programs and activities in order to preserve the 
nation's historical and cultural foundations.[Footnote 6] The act 
requires that for all projects receiving federal funding or a federal 
permit, federal agencies must take into account the project's effect 
on any historic site, building, structure or other object that is or 
can be listed on the National Historic Register. Under the act and its 
implementing regulations, the agency must consult with relevant 
federal, state, and tribal officials with regard to such a project. 

In addition, the Recovery Act outlines several specific statutory 
requirements that agencies and funding recipients must comply with, 
including the following: 

* Davis-Bacon requirements. The Davis-Bacon Act requires that 
contractors and subcontractors pay workers the locally prevailing 
wages on most federally funded construction projects, and it imposes 
several administrative requirements relating to the payment of workers 
on qualifying projects.[Footnote 7] The Recovery Act applies Davis-
Bacon requirements to all Recovery Act-funded projects, requiring 
contractors and subcontractors to pay all laborers and mechanics at 
least the prevailing wage rates in the local area where they are 
employed, as determined by the Secretary of Labor. In addition, 
contractors are required to pay these workers weekly and submit weekly 
certified payroll records, generally to the contracting federal 
agency.[Footnote 8] 

* Buy American requirements. The Buy American Act generally requires 
that raw materials and manufactured goods acquired for public use be 
made or produced in the United States, subject to limited exceptions. 
[Footnote 9] Federal agencies may issue waivers for certain projects 
under specified conditions, for example, if using American-made goods 
is inconsistent with the public interest or the cost of those goods is 
unreasonable. Agencies also need not use American-made goods if they 
are not sufficiently available or of satisfactory quality. The 
Recovery Act has similar provisions, including one limiting the 
"unreasonable cost" exception to those instances when inclusion of 
American-made iron, steel, or other manufactured goods would increase 
the overall project cost by more than 25 percent. 

* Recovery Act-specific requirements. Sections 1511 and 1512 of the 
Recovery Act establish additional requirements for the expenditure of 
Recovery Act funds. Section 1511 requires chief executives of state 
and local governments to certify that infrastructure investments have 
"received the full review and vetting required by law and that the 
chief executive accepts responsibility that the infrastructure 
investment is an appropriate use of taxpayer dollars." Section 1512 
requires that recipients of Recovery Act funding report quarterly on a 
number of measures. Each report is to include the amount of funds 
received and the amount of funds expended or obligated to projects or 
activities. For each project or activity, the report must include the 
project's name and a description, an evaluation of its completion 
status, and an estimate of the number of jobs created or retained by 
that project or activity. 

Many other federal requirements also apply to projects receiving any 
government funds. For example, as we reported in December 2008, over 
70 requirements may apply to states that accept federal funding for 
highway projects.[Footnote 10] Likewise, states often have their own 
requirements that apply to implementing federally funded projects. 

In this context, you asked us to identify key federal requirements 
that apply to Recovery Act projects and to assess the extent to which 
(1) selected agencies have obligated and spent funds for Recovery Act 
projects and (2) federal requirements and other factors have affected, 
or are expected to affect, the selection and start dates of Recovery 
Act projects. 

To describe the extent to which agencies have obligated and spent 
Recovery Act funds,[Footnote 11] we requested financial data from 27 
of the agencies that received Division A funding--about one-third of 
the act's total--which was for projects and activities. Although the 
act provided $787 billion in spending and tax provisions, we focused 
on Division A because it contains the majority of funding for 
projects. The remaining amount (Division B) comprises additional 
mandatory spending and revenue provisions that generally do not 
involve funding for specific projects. For example, the mandatory 
spending provisions primarily reflect temporary increases in cash 
transfers in programs such as Medicaid and unemployment compensation, 
while the revenue provisions generally reduce the tax liability for 
individuals, families, and businesses. 

The 27 federal agencies we reviewed consisted of departments and other 
agencies that received funding for almost all projects under the act. 
Specifically, we reviewed the departments of: 

* Agriculture, 

* Commerce, 

* Defense, 

* U.S. Army Corps of Engineers,[Footnote 12] 

* Education, 

* Energy, 

* Health and Human Services, 

* Homeland Security, 

* Housing and Urban Development, 

* The Interior, 

* Justice, 

* Labor, 

* State, 

* Transportation, 

* Treasury, 

* Veterans Affairs, and: 

Other agencies: 

* Corporation for National and Community Service, 

* Environmental Protection Agency, 

* Federal Communications Commission, 

* General Services Administration, 

* National Aeronautics and Space Administration, 

* National Endowment for the Arts, 

* National Science Foundation, 

* Small Business Administration, 

* Smithsonian Institution, 

* Social Security Administration, and: 

* U.S. Agency for International Development. 

We requested information on the dates on which the Office of 
Management and Budget (OMB) first apportioned money for each of the 27 
federal agencies in our review.[Footnote 13] We also requested data 
from the agencies on their obligations and expenditures for Recovery 
Act projects for the quarters ending June 30, 2009; September 30, 
2009; and December 31, 2009. We verified the agency-provided data with 
agency officials and checked their appropriations figures with 
appropriations values in the Recovery Act. However, we did not check 
obligations or spending against other sources, with the exception of 
the Recovery.gov Web site. Our data differ from those on that site 
because of data presentation, coverage, and reporting dates. We 
believe the data we collected are sufficiently reliable for the 
descriptive purposes of this review. To describe the extent to which 
federal requirements have significantly affected, or are expected to 
significantly affect, Recovery Act project selection and start dates, 
we asked the 27 agencies which federal requirements, if any, affected 
the timing of project selection and start dates. We also asked whether 
any requirements at the state and local levels, or any other factors, 
affected project selection and start dates. To supplement the federal 
agencies' responses, we spoke with officials in 16 states and the 
District of Columbia who are responsible for implementing Recovery Act 
projects. We are reviewing these 16 states and the District of 
Columbia for our bimonthly reports to Congress on Recovery Act 
implementation.[Footnote 14] These 16 states are Arizona, California, 
Colorado, Florida, Georgia, Illinois, Iowa, Massachusetts, Michigan, 
Mississippi, New Jersey, New York, North Carolina, Ohio, Pennsylvania, 
and Texas. To gain an industry perspective on the extent to which 
federal requirements affect the timing of Recovery Act projects, we 
spoke with representatives of three business associations--the 
Associated General Contractors of America, the Professional Services 
Council, and the U.S. Chamber of Commerce--that represented firms 
receiving Recovery Act funds. We also spoke with representatives from 
the National Governors Association; the National Association of State 
Auditors, Comptrollers, and Treasurers; and the National Association 
of Counties. We also spoke with contractors that received funds for 
large construction projects from the Department of Housing and Urban 
Development (HUD) and the Environmental Protection Agency (EPA). In 
addition, we spoke with community action agencies that have contracts 
with various states to do weatherization work funded by the Department 
of Energy. We obtained contractor names for Recovery Act programs from 
state and local officials in states that we reviewed as part of our 
bimonthly reporting. We ensured a range of firms were selected by 
asking for contacts from different states (geographically dispersed 
and different in terms of unionization rates) for different Recovery 
Act programs. The examples we provide in this report are illustrative 
only and not generalizable to other federal agencies. 

We conducted this performance audit from September 2009 to February 
2010 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Background: 

In responding to the deepest recession since the end of World War II, 
the Recovery Act employs a combination of tax relief and government 
spending. The Recovery Act's purposes are to preserve and create jobs 
and promote economic recovery; assist those most impacted by the 
recession; provide investments needed to increase economic efficiency 
by spurring technological advances in health and science; invest in 
transportation, environmental protection, and other infrastructure 
that will provide long-term economic benefits; and stabilize the 
budgets of state and local governments.[Footnote 15] 

About one-third of the funds provided by the act are for tax relief to 
individuals and businesses; one-third is in the form of temporary 
increases in entitlement programs to aid people directly affected by 
the recession and provide some fiscal relief to states; and one-third 
falls into the category of grants, loans, and contracts, which 
generally fund projects and activities. 

Agencies Had Obligated a Total of $194 Billion of Division A Funds as 
of December 31, 2009: 

The 27 agencies that we reviewed reported that they had obligated a 
total of about $194 billion of the approximately $309 billion in 
Division A Recovery Act funds by the end of 2009; $173 billion as of 
September 30, 2009; and $106 billion as of June 30, 2009. As of June 
30, the percentage of funds obligated ranged from a high of 98 percent 
for the Department of Treasury ($98 million) to a low of about 1 
percent (about $8.3 million) for the National Aeronautics and Space 
Administration (NASA). By December 31, the percentage of funds 
obligated ranged from nearly 100 percent for the National Endowment 
for the Arts ($50 million) to 18 percent for the Social Security 
Administration ($183 million). 

Regarding expenditures, the agencies reported that, as of June 30, 
2009, they had spent about 5 percent (about $15 billion) of their 
appropriated Division A Recovery Act funds; about 12 percent ($38 
billion) as of September 30, 2009, and 20 percent ($61 billion) as of 
December 31, 2009. Although expenditure data provide some indication 
of when funding was spent, officials from several agencies told us 
that payment for federal projects generally occurs after work on a 
given project is completed. As a result, although work may have been 
substantially completed, the expenditure data would not reflect this 
fact because the recipient would not have submitted an invoice for 
payment. For example, as we reported in July 2009, although funding 
has been obligated for more than 5,000 Federal Highway Administration 
projects, it may be months before the federal government is billed for 
completed work.[Footnote 16] Contractors have to complete work before 
receiving payments from the state, which, in turn, invoices the 
cognizant federal agency. 

Agencies generally have until September 30, 2010 to obligate funds 
appropriated by the Recovery Act; some agencies have chosen to 
obligate and spend funds over time to ensure they will have a steady 
stream of funds for program activities. For example, Department of 
Health and Human Services officials noted that some agency projects 
involved social service activities, for which funding is intentionally 
spent over time. Consequently, outlays for such service-based projects 
may be uneven throughout the year, depending on program needs. Table 1 
provides data on agencies' Division A obligations and expenditures as 
of June 30, September 30, and December 31, 2009. 

Table 1: Recovery Act Division A Appropriations, Obligations, and 
Spending (Cumulative) by Federal Agencies, as of June 30, 2009, 
September 30, 2009, and December 31, 2009 (Dollars in millions): 

Department or agency: Agriculture; 
Appropriated funding: $27,638; 
Obligations: 6/30/2009[A]: $3,380; 
Obligations: 9/30/2009: $6,552; 
Obligations: 12/31/2009: $10,056; 
Expenditures: 6/30/2009[A]: $2,426; 
Expenditures: 9/30/2009: $4,998; 
Expenditures: 12/31/2009: $7,849. 

Department or agency: Commerce; 
Appropriated funding: $7,825; 
Obligations: 6/30/2009[A]: $604; 
Obligations: 9/30/2009: $1,390; 
Obligations: 12/31/2009: $1,579; 
Expenditures: 6/30/2009[A]: $267; 
Expenditures: 9/30/2009: $570; 
Expenditures: 12/31/2009: $674. 

Department or agency: Federal Communications Commission[B]; 
Appropriated funding: $91; 
Obligations: 6/30/2009[A]: $66; 
Obligations: 9/30/2009: $72; 
Obligations: 12/31/2009: $79; 
Expenditures: 6/30/2009[A]: $6; 
Expenditures: 9/30/2009: $54; 
Expenditures: 12/31/2009: $59. 

Department or agency: Defense; 
Appropriated funding: $7,435; 
Obligations: 6/30/2009[A]: $1,303; 
Obligations: 9/30/2009: $3,259; 
Obligations: 12/31/2009: $3,836; 
Expenditures: 6/30/2009[A]: $20; 
Expenditures: 9/30/2009: $241; 
Expenditures: 12/31/2009: $723. 

Department or agency: Education; 
Appropriated funding: $98,238; 
Obligations: 6/30/2009[A]: $49,993; 
Obligations: 9/30/2009: $67,634; 
Obligations: 12/31/2009: $69,273; 
Expenditures: 6/30/2009[A]: $10,123; 
Expenditures: 9/30/2009: $20,675; 
Expenditures: 12/31/2009: $30,008. 

Department or agency: Energy; 
Appropriated funding: $43,225[C]; 
Obligations: 6/30/2009[A]: $6,639; 
Obligations: 9/30/2009: $17,427; 
Obligations: 12/31/2009: $23,156; 
Expenditures: 6/30/2009[A]: 144; 
Expenditures: 9/30/2009: $734; 
Expenditures: 12/31/2009: $1,781. 

Department or agency: Health and Human Services; 
Appropriated funding: $22,400; 
Obligations: 6/30/2009[A]: $4,979; 
Obligations: 9/30/2009: $10,385; 
Obligations: 12/31/2009: $14,409; 
Expenditures: 6/30/2009[A]: $106; 
Expenditures: 9/30/2009: $1,627; 
Expenditures: 12/31/2009: $3,410. 

Department or agency: Homeland Security; 
Appropriated funding: $2,755; 
Obligations: 6/30/2009[A]: $537; 
Obligations: 9/30/2009: $1,720; 
Obligations: 12/31/2009: $1,403[D]; 
Expenditures: 6/30/2009[A]: $19; 
Expenditures: 9/30/2009: $107; 
Expenditures: 12/31/2009: $153. 

Department or agency: Housing and Urban Development; 
Appropriated funding: $13,625; 
Obligations: 6/30/2009[A]: $5,489; 
Obligations: 9/30/2009: $11,300; 
Obligations: 12/31/2009: $11,384; 
Expenditures: 6/30/2009[A]: $932; 
Expenditures: 9/30/2009: $1,529; 
Expenditures: 12/31/2009: $2,483. 

Department or agency: Interior; 
Appropriated funding: $2,990; 
Obligations: 6/30/2009[A]: $251; 
Obligations: 9/30/2009: $833; 
Obligations: 12/31/2009: $1,239; 
Expenditures: 6/30/2009[A]: $6; 
Expenditures: 9/30/2009: $130; 
Expenditures: 12/31/2009: $247. 

Department or agency: Justice; 
Appropriated funding: $4,002; 
Obligations: 6/30/2009[A]: $1,781; 
Obligations: 9/30/2009: $3,969; 
Obligations: 12/31/2009: $3,968[E]; 
Expenditures: 6/30/2009[A]: $424; 
Expenditures: 9/30/2009: $1,160; 
Expenditures: 12/31/2009: $1,420. 

Department or agency: Labor; 
Appropriated funding: $4,806; 
Obligations: 6/30/2009[A]: $3,563; 
Obligations: 9/30/2009: $3,680; 
Obligations: 12/31/2009: $3,814; 
Expenditures: 6/30/2009[A]: $140; 
Expenditures: 9/30/2009: $843; 
Expenditures: 12/31/2009: $1,449. 

Department or agency: State; 
Appropriated funding: $564; 
Obligations: 6/30/2009[A]: $38; 
Obligations: 9/30/2009: $143; 
Obligations: 12/31/2009: $331; 
Expenditures: 6/30/2009[A]: $6; 
Expenditures: 9/30/2009: $25; 
Expenditures: 12/31/2009: $50. 

Department or agency: U.S. Agency for International Development [F]; 
Appropriated funding: $38; 
Obligations: 6/30/2009[A]: $5; 
Obligations: 9/30/2009: $20; 
Obligations: 12/31/2009: $22; 
Expenditures: 6/30/2009[A]: $0.1; 
Expenditures: 9/30/2009: $4; 
Expenditures: 12/31/2009: $7. 

Department or agency: Transportation; 
Appropriated funding: $48,120; 
Obligations: 6/30/2009[A]: $20,717; 
Obligations: 9/30/2009: $29,471; 
Obligations: 12/31/2009: $32,856; 
Expenditures: 6/30/2009[A]: $493; 
Expenditures: 9/30/2009: $3,656; 
Expenditures: 12/31/2009: $7,920. 

Department or agency: Treasury; 
Appropriated funding: $100; 
Obligations: 6/30/2009[A]: $98; 
Obligations: 9/30/2009: $99; 
Obligations: 12/31/2009: $99; 
Expenditures: 6/30/2009[A]: 0; 
Expenditures: 9/30/2009: $98; 
Expenditures: 12/31/2009: $99. 

Department or agency: Veterans Affairs; 
Appropriated funding: $1,401; 
Obligations: 6/30/2009[A]: $94; 
Obligations: 9/30/2009: $486; 
Obligations: 12/31/2009: $588; 
Expenditures: 6/30/2009[A]: $3; 
Expenditures: 9/30/2009: $36; 
Expenditures: 12/31/2009: $86. 

Department or agency: Corporation for National and Community Service; 
Appropriated funding: $201; 
Obligations: 6/30/2009[A]: $129; 
Obligations: 9/30/2009: $154; 
Obligations: 12/31/2009: $166; 
Expenditures: 6/30/2009[A]: $2; 
Expenditures: 9/30/2009: $17; 
Expenditures: 12/31/2009: $48. 

Department or agency: Environmental Protection Agency; 
Appropriated funding: $7,220; 
Obligations: 6/30/2009[A]: $4,449; 
Obligations: 9/30/2009: $7,086; 
Obligations: 12/31/2009: $7,089; 
Expenditures: 6/30/2009[A]: $16; 
Expenditures: 9/30/2009: $274; 
Expenditures: 12/31/2009: $793. 

Department or agency: General Services Administration; 
Appropriated funding: $5,857; 
Obligations: 6/30/2009[A]: $571; 
Obligations: 9/30/2009: $1,694; 
Obligations: 12/31/2009: $2,370; 
Expenditures: 6/30/2009[A]: $6; 
Expenditures: 9/30/2009: $297; 
Expenditures: 12/31/2009: $415. 

Department or agency: National Aeronautics and Space Administration; 
Appropriated funding: $1,002; 
Obligations: 6/30/2009[A]: $8; 
Obligations: 9/30/2009: $394; 
Obligations: 12/31/2009: $587; 
Expenditures: 6/30/2009[A]: 0; 
Expenditures: 9/30/2009: $37; 
Expenditures: 12/31/2009: $133. 

Department or agency: National Endowment for the Arts; 
Appropriated funding: $50; 
Obligations: 6/30/2009[A]: $20; 
Obligations: 9/30/2009: $50; 
Obligations: 12/31/2009: $50; 
Expenditures: 6/30/2009[A]: $0.4; 
Expenditures: 9/30/2009: $8; 
Expenditures: 12/31/2009: $19. 

Department or agency: National Science Foundation; 
Appropriated funding: $3,002; 
Obligations: 6/30/2009[A]: $672; 
Obligations: 9/30/2009: $2,402; 
Obligations: 12/31/2009: $2,426; 
Expenditures: 6/30/2009[A]: $11; 
Expenditures: 9/30/2009: $27; 
Expenditures: 12/31/2009: $104. 

Department or agency: Small Business Administration; 
Appropriated funding: $730; 
Obligations: 6/30/2009[A]: $130; 
Obligations: 9/30/2009: $323; 
Obligations: 12/31/2009: $537; 
Expenditures: 6/30/2009[A]: $36; 
Expenditures: 9/30/2009: $117; 
Expenditures: 12/31/2009: $254. 

Department or agency: Smithsonian Institution; 
Appropriated funding: $25; 
Obligations: 6/30/2009[A]: $18; 
Obligations: 9/30/2009: $21; 
Obligations: 12/31/2009: $22; 
Expenditures: 6/30/2009[A]: $0.5; 
Expenditures: 9/30/2009: $2; 
Expenditures: 12/31/2009: $8. 

Department or agency: Social Security Administration; 
Appropriated funding: $1,002; 
Obligations: 6/30/2009[A]: $25; 
Obligations: 9/30/2009: $148; 
Obligations: 12/31/2009: $183; 
Expenditures: 6/30/2009[A]: $22; 
Expenditures: 9/30/2009: $129; 
Expenditures: 12/31/2009: $179. 

Department or agency: U.S. Army Corps of Engineers; 
Appropriated funding: $4,600; 
Obligations: 6/30/2009[A]: $551; 
Obligations: 9/30/2009: $2,213; 
Obligations: 12/31/2009: $2,802; 
Expenditures: 6/30/2009[A]: $62; 
Expenditures: 9/30/2009: $327; 
Expenditures: 12/31/2009: $727. 

Department or agency: Total; 
Appropriated funding: $308,942[G]; 
Obligations: 6/30/2009[A]: $106,111; 
Obligations: 9/30/2009: $172,923; 
Obligations: 12/31/2009: $194,327; 
Expenditures: 6/30/2009[A]: $15,273; 
Expenditures: 9/30/2009: $37,720; 
Expenditures: 12/31/2009: $61,101. 

Source: Agency-provided data. 

Notes: This table represents funding under Division A of the act, 
which consists primarily of discretionary spending, with some 
exceptions. 

Appropriations totaling $109 million for the Recovery Accountability 
and Transparency Board and the Government Accountability Office were 
excluded because these funds are used primarily to provide oversight. 
We also excluded the Railroad Retirement Board because these funds are 
directly paid to beneficiaries. 

The numbers in this table may differ from those reported by agencies 
on the Recovery.gov Web site. These differences may be attributed to 
presentation, coverage, and reporting date. 

Some agencies chose to include certain appropriation, obligation, and 
outlay information, such as funding for inspector general offices and 
salaries and expenses, while others did not. 

[A] Some agencies chose to report data for July 3, which was the 
Friday after the first quarter reporting period, instead of June 30 
data. 

[B] Transfer from the Department of Commerce. 

[C] The Department of Energy (Energy) was initially appropriated $45.2 
billion in the Recovery Act; however, $2 billion for the Loan 
Guarantee Program was transferred from Energy's Recovery Act 
appropriation. As a result, Energy's appropriations under the Recovery 
Act now total $43.2 billion. In addition, this $43.2 billion includes 
$6.5 billion in borrowing authority. 

[D] Department of Homeland Security officials told us that the decline 
in obligations was a result of interagency agreements and a bid 
protest. For example, the department has obligated $412 million to 
interagency partners, including the General Services Administration 
and the U.S. Army Corps of Engineers. 

[E] Department of Justice officials told us that obligations decreased 
from September to December because a few Recovery Act grantees 
declined their awards, thereby requiring a deobligation of funds. 

[F] Transfer from the Department of State. 

[G] The total obligations are calculated on the basis of $309 billion 
in appropriations, not $311 billion, as sometimes cited by other 
sources, because (1) $2 billion for the Loan Guarantee Program was 
transferred from Energy's Recovery Act appropriation; (2) we excluded 
the Recovery Accountability and Transparency Board and the Government 
Accountability Office from the calculations; and (3) some agencies 
chose to exclude certain categories of funding, such as administrative 
expenses. 

[End of table] 

Table 2 shows the percentage of Division A funding that each agency 
had obligated and spent as of June 30, September 30, and December 31, 
2009. 

Table 2: Percentage of Recovery Act Division A Appropriations 
Obligated and Spent by Federal Agencies, as of June 30, 2009, 
September 30, 2009, and December 31, 2009 (Dollars in millions): 

Department or agency: Agriculture; 
Appropriated funding: $27,638; 
Percentage obligated: 6/30/2009[A]: 12; 
Percentage obligated: 9/30/2009: 24; 
Percentage obligated: 12/31/2009: 36; 
Percentage spent: 6/30/2009[A]: 9; 
Percentage spent: 9/30/2009: 18; 
Percentage spent: 12/31/2009: 28. 

Department or agency: Commerce; 
Appropriated funding: $7,825; 
Percentage obligated: 6/30/2009[A]: 8; 
Percentage obligated: 9/30/2009: 18; 
Percentage obligated: 12/31/2009: 20; 
Percentage spent: 6/30/2009[A]: 3; 
Percentage spent: 9/30/2009: 7; 
Percentage spent: 12/31/2009: 9. 

Department or agency: Federal Communications Commission[B]; 
Appropriated funding: $91; 
Percentage obligated: 6/30/2009[A]: 73; 
Percentage obligated: 9/30/2009: 79; 
Percentage obligated: 12/31/2009: 87; 
Percentage spent: 6/30/2009[A]: 7; 
Percentage spent: 9/30/2009: 60; 
Percentage spent: 12/31/2009: 66. 

Department or agency: Defense; 
Appropriated funding: $7,435; 
Percentage obligated: 6/30/2009[A]: 18; 
Percentage obligated: 9/30/2009: 44; 
Percentage obligated: 12/31/2009: 52; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 3; 
Percentage spent: 12/31/2009: 10. 

Department or agency: Education; 
Appropriated funding: $98,238; 
Percentage obligated: 6/30/2009[A]: 51; 
Percentage obligated: 9/30/2009: 69; 
Percentage obligated: 12/31/2009: 71; 
Percentage spent: 6/30/2009[A]: 10; 
Percentage spent: 9/30/2009: 21; 
Percentage spent: 12/31/2009: 31. 

Department or agency: Energy; 
Appropriated funding: $43,225[C]; 
Percentage obligated: 6/30/2009[A]: 15; 
Percentage obligated: 9/30/2009: 40; 
Percentage obligated: 12/31/2009: 54; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 2; 
Percentage spent: 12/31/2009: 4. 

Department or agency: Health and Human Services; 
Appropriated funding: $22,400; 
Percentage obligated: 6/30/2009[A]: 22; 
Percentage obligated: 9/30/2009: 46; 
Percentage obligated: 12/31/2009: 64; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 7; 
Percentage spent: 12/31/2009: 15. 

Department or agency: Homeland Security; 
Appropriated funding: $2,755; 
Percentage obligated: 6/30/2009[A]: 19; 
Percentage obligated: 9/30/2009: 62; 
Percentage obligated: 12/31/2009: 51[D]; 
Percentage spent: 6/30/2009[A]: 1; 
Percentage spent: 9/30/2009: 4; 
Percentage spent: 12/31/2009: 6. 

Department or agency: Housing and Urban Development; 
Appropriated funding: $13,625; 
Percentage obligated: 6/30/2009[A]: 40; 
Percentage obligated: 9/30/2009: 83; 
Percentage obligated: 12/31/2009: 84; 
Percentage spent: 6/30/2009[A]: 7; 
Percentage spent: 9/30/2009: 11; 
Percentage spent: 12/31/2009: 18. 

Department or agency: Interior; 
Appropriated funding: $2,990; 
Percentage obligated: 6/30/2009[A]: 8; 
Percentage obligated: 9/30/2009: 28; 
Percentage obligated: 12/31/2009: 41; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 4; 
Percentage spent: 12/31/2009: 8. 

Department or agency: Justice; 
Appropriated funding: $4,002; 
Percentage obligated: 6/30/2009[A]: 44; 
Percentage obligated: 9/30/2009: 99; 
Percentage obligated: 12/31/2009: 99[E]; 
Percentage spent: 6/30/2009[A]: 11; 
Percentage spent: 9/30/2009: 29; 
Percentage spent: 12/31/2009: 35. 

Department or agency: Labor; 
Appropriated funding: $4,806; 
Percentage obligated: 6/30/2009[A]: 74; 
Percentage obligated: 9/30/2009: 77; 
Percentage obligated: 12/31/2009: 79; 
Percentage spent: 6/30/2009[A]: 3; 
Percentage spent: 9/30/2009: 18; 
Percentage spent: 12/31/2009: 30. 

Department or agency: State; 
Appropriated funding: $564; 
Percentage obligated: 6/30/2009[A]: 7; 
Percentage obligated: 9/30/2009: 25; 
Percentage obligated: 12/31/2009: 59; 
Percentage spent: 6/30/2009[A]: 1; 
Percentage spent: 9/30/2009: 4; 
Percentage spent: 12/31/2009: 9. 

Department or agency: U.S. Agency for International Development [F]; 
Appropriated funding: $38; 
Percentage obligated: 6/30/2009[A]: 14; 
Percentage obligated: 9/30/2009: 53; 
Percentage obligated: 12/31/2009: 59; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 10; 
Percentage spent: 12/31/2009: 20. 

Department or agency: Transportation; 
Appropriated funding: $48,120; 
Percentage obligated: 6/30/2009[A]: 43; 
Percentage obligated: 9/30/2009: 61; 
Percentage obligated: 12/31/2009: 68; 
Percentage spent: 6/30/2009[A]: 1; 
Percentage spent: 9/30/2009: 8; 
Percentage spent: 12/31/2009: 16. 

Department or agency: Treasury; 
Appropriated funding: $100; 
Percentage obligated: 6/30/2009[A]: 98; 
Percentage obligated: 9/30/2009: 99; 
Percentage obligated: 12/31/2009: 99; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 98; 
Percentage spent: 12/31/2009: 99. 

Department or agency: Veterans Affairs; 
Appropriated funding: $1,401; 
Percentage obligated: 6/30/2009[A]: 7; 
Percentage obligated: 9/30/2009: 35; 
Percentage obligated: 12/31/2009: 42; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 3; 
Percentage spent: 12/31/2009: 6. 

Department or agency: Corporation for National and Community Service; 
Appropriated funding: $201; 
Percentage obligated: 6/30/2009[A]: 64; 
Percentage obligated: 9/30/2009: 77; 
Percentage obligated: 12/31/2009: 83; 
Percentage spent: 6/30/2009[A]: 1; 
Percentage spent: 9/30/2009: 8; 
Percentage spent: 12/31/2009: 24. 

Department or agency: Environmental Protection Agency; 
Appropriated funding: $7,220; 
Percentage obligated: 6/30/2009[A]: 62; 
Percentage obligated: 9/30/2009: 98; 
Percentage obligated: 12/31/2009: 98; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 4; 
Percentage spent: 12/31/2009: 11. 

Department or agency: General Services Administration; 
Appropriated funding: $5,857; 
Percentage obligated: 6/30/2009[A]: 10; 
Percentage obligated: 9/30/2009: 29; 
Percentage obligated: 12/31/2009: 40; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 5; 
Percentage spent: 12/31/2009: 7. 

Department or agency: National Aeronautics and Space Administration; 
Appropriated funding: $1,002; 
Percentage obligated: 6/30/2009[A]: 1; 
Percentage obligated: 9/30/2009: 39; 
Percentage obligated: 12/31/2009: 59; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 4; 
Percentage spent: 12/31/2009: 13. 

Department or agency: National Endowment for the Arts; 
Appropriated funding: $50; 
Percentage obligated: 6/30/2009[A]: 40; 
Percentage obligated: 9/30/2009: 100; 
Percentage obligated: 12/31/2009: 100; 
Percentage spent: 6/30/2009[A]: 1; 
Percentage spent: 9/30/2009: 16; 
Percentage spent: 12/31/2009: 38. 

Department or agency: National Science Foundation; 
Appropriated funding: $3,002; 
Percentage obligated: 6/30/2009[A]: 22; 
Percentage obligated: 9/30/2009: 80; 
Percentage obligated: 12/31/2009: 81; 
Percentage spent: 6/30/2009[A]: 0; 
Percentage spent: 9/30/2009: 1; 
Percentage spent: 12/31/2009: 3. 

Department or agency: Small Business Administration; 
Appropriated funding: $730; 
Percentage obligated: 6/30/2009[A]: 18; 
Percentage obligated: 9/30/2009: 44; 
Percentage obligated: 12/31/2009: 74; 
Percentage spent: 6/30/2009[A]: 5; 
Percentage spent: 9/30/2009: 16; 
Percentage spent: 12/31/2009: 35. 

Department or agency: Smithsonian Institution; 
Appropriated funding: $25; 
Percentage obligated: 6/30/2009[A]: 70; 
Percentage obligated: 9/30/2009: 83; 
Percentage obligated: 12/31/2009: 88; 
Percentage spent: 6/30/2009[A]: 2; 
Percentage spent: 9/30/2009: 7; 
Percentage spent: 12/31/2009: 33. 

Department or agency: Social Security Administration; 
Appropriated funding: $1,002; 
Percentage obligated: 6/30/2009[A]: 2; 
Percentage obligated: 9/30/2009: 15; 
Percentage obligated: 12/31/2009: 18; 
Percentage spent: 6/30/2009[A]: 2; 
Percentage spent: 9/30/2009: 13; 
Percentage spent: 12/31/2009: 18. 

Department or agency: U.S. Army Corps of Engineers; 
Appropriated funding: $4,600; 
Percentage obligated: 6/30/2009[A]: 12; 
Percentage obligated: 9/30/2009: 48; 
Percentage obligated: 12/31/2009: 61; 
Percentage spent: 6/30/2009[A]: 1; 
Percentage spent: 9/30/2009: 7; 
Percentage spent: 12/31/2009: 16. 

Department or agency: Total obligated; 
Appropriated funding: $308,942[G]; 
Percentage obligated: 6/30/2009[A]: 34; 
Percentage obligated: 9/30/2009: 56; 
Percentage obligated: 12/31/2009: 63; 
Percentage spent: 6/30/2009[A]: 5; 
Percentage spent: 9/30/2009: 12; 
Percentage spent: 12/31/2009: 20. 

Source: GAO analysis of agency-provided data. 

Notes: This table represents funding under Division A of the act, 
which consists primarily of discretionary spending, with some 
exceptions. 

Appropriations totaling $109 million for the Recovery Accountability 
and Transparency Board and the Government Accountability Office were 
excluded because these funds are used primarily to provide oversight. 
We also excluded the Railroad Retirement Board because these funds are 
directly paid to beneficiaries. 

The numbers in this table may differ from those reported by agencies 
on the Recovery.gov Web site. These differences may be attributed to 
presentation, coverage, and reporting date. 

Some agencies chose to include certain appropriation, obligation, and 
outlay information, such as funding for inspector general offices and 
salaries and expenses, while others did not. 

[A] Some agencies chose to report data for July 3, which was the 
Friday after the first quarter reporting period, instead of June 30 
data. 

[B] Transfer from the Department of Commerce. 

[C] Energy was initially appropriated $45.2 billion in the Recovery 
Act; however, $2 billion for the Loan Guarantee Program was 
transferred from Energy's Recovery Act appropriation. As a result, 
Energy's appropriations under the Recovery Act now total $43.2 
billion. In addition, this $43.2 billion includes $6.5 billion in 
borrowing authority. 

[D] Department of Homeland Security officials told us that the decline 
in obligations was a result of interagency agreements and a bid 
protest. For example, the department has obligated $412 million to 
interagency partners, including the General Services Administration 
and the U.S. Army Corps of Engineers. 

[E] Department of Justice officials told us that obligations decreased 
from September to December because a few Recovery Act grantees 
declined their awards, thereby requiring a deobligation of funds. 
Because the amount is small (about $1 million), the decrease is not 
reflected in table 2. 

[F] Transfer from the Department of State. 

[G] The total obligations are calculated on the basis of $309 billion 
in appropriations, not $311 billion, as sometimes cited by other 
sources, because (1) $2 billion for the Loan Guarantee Program was 
transferred from Energy's Recovery Act appropriation; (2) we excluded 
the Recovery Accountability and Transparency Board and the Government 
Accountability Office from the calculations; and (3) some agencies 
chose to exclude certain categories of funding, such as administrative 
expenses. 

[End of table] 

The Effects of Federal Requirements and Other Factors on Project 
Selection and Starts Varied: 

Officials at some of the 27 agencies said federal requirements had 
affected their ability to implement Recovery Act projects. For 
example, Davis-Bacon, Buy American, and National Historic Preservation 
Act requirements slowed some project selection and starts. Other 
factors unrelated to federal requirements also affected the timing of 
some projects, according to federal and state officials. On the other 
hand, officials from some agencies and certain programs within other 
agencies said they were able to implement Recovery Act projects 
quickly for two main reasons. First, the award processes for some 
Recovery Act projects were not substantially different from the 
processes agencies use for non-Recovery Act projects. Second, to 
expedite the use of Recovery Act funds, some federal agencies selected 
projects that had already satisfied key federal requirements, such as 
NEPA, that need to be met before a federal project can start. 

Some Agencies Reported That Certain Federal Requirements Affected the 
Timing of Project Selection and Starts: 

Officials from some agencies cited certain federal requirements that 
had affected their ability to select or start some Recovery Act 
projects.[Footnote 17] Figure 1 shows the factors that federal 
officials most often cited as affecting their ability to select or 
start projects, and figure 2 shows the factors most often cited by 
state and local officials. 

Figure 1: Factors Federal Officials Most Often Cited as Affecting 
Their Ability to Select or Start Projects: 

[Refer to PDF for image: illustrated table] 

Agency: Agriculture; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: Agency stated that 
this factor could cause delays in implementing Recovery Act projects; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: Agency stated that this 
factor could cause delays in implementing Recovery Act projects. 

Agency: Commerce; 
Federal requirement: Davis-Bacon requirements: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Federal requirement: Buy American requirements: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Historic Preservation Act: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirement: Project selection process: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Other factors: Newness of programs: Agency stated that this factor 
caused delays in implementing Recovery Act projects; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: Agency stated that this factor caused 
delays in implementing Recovery Act projects; 
Other factors: Seasonal issues or weather: Agency stated that this 
factor could cause delays in implementing Recovery Act projects. 

Agency: Defense; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: Agency stated that this factor caused 
delays in implementing Recovery Act projects; 
Other factors: Seasonal issues or weather: Agency stated that this 
factor caused delays in implementing Recovery Act projects. 

Agency: Education; 
Federal requirement: Davis-Bacon requirements: Agency stated that this 
factor could cause delays in implementing Recovery Act projects; 
Federal requirement: Buy American requirements: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: Recovery Act-specific requirements: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Energy; 
Federal requirement: Davis-Bacon requirements: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Federal requirement: Buy American requirements: Agency stated that 
this factor could cause delays in implementing Recovery Act projects; 
Federal requirement: National Historic Preservation Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Other factors: Newness of programs: Agency stated that this factor 
caused delays in implementing Recovery Act projects; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: Agency stated that this factor caused 
delays in implementing Recovery Act projects; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Health and Human Services; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirement: Project selection process: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: Recovery Act-specific requirements: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: Agency stated that this 
factor caused delays in implementing Recovery Act projects. 

Agency: Homeland Security; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Historic Preservation Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirement: Project selection process: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: Agency stated that this factor 
caused delays in implementing Recovery Act projects; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Housing and Urban Development; 
Federal requirement: Davis-Bacon requirements: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Federal requirement: Buy American requirements: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Historic Preservation Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Other factors: Newness of programs: Agency stated that this factor 
caused delays in implementing Recovery Act projects; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: Agency stated that this factor caused 
delays in implementing Recovery Act projects; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Interior; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor could cause delays in implementing Recovery Act projects; 
Other factors: Staff capacity: Agency stated that this factor could 
cause delays in implementing Recovery Act projects; 
Other factors: Seasonal issues or weather: Agency stated that this 
factor caused delays in implementing Recovery Act projects. 

Agency: Justice; 
Federal requirement: Davis-Bacon requirements: Agency stated that this 
factor could cause delays in implementing Recovery Act projects; 
Federal requirement: Buy American requirements: Agency stated that 
this factor could cause delays in implementing Recovery Act projects; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: Agency stated that 
this factor could cause delays in implementing Recovery Act projects; 
Federal requirement: Recovery Act-specific requirements: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Labor; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: Agency stated that 
this factor could cause delays in implementing Recovery Act projects; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: State; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Transportation; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Veterans Affairs; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: Agency stated that this factor caused 
delays in implementing Recovery Act projects; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Environmental Protection Agency; 
Federal requirement: Davis-Bacon requirements: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Federal requirement: Buy American requirements: Agency stated that 
this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: National Aeronautics and Space Administration; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: Agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: Agency stated that this factor 
caused delays in implementing Recovery Act projects; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: National Endowment for the Arts; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: Agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: National Science Foundation; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Small Business Administration; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: [Empty]; 
Other factors: Newness of programs: Agency stated that this factor 
caused delays in implementing Recovery Act projects; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: Agency stated that this factor caused 
delays in implementing Recovery Act projects; 
Other factors: Seasonal issues or weather: [Empty]. 

Agency: Social Security Administration; 
Federal requirement: Davis-Bacon requirements: [Empty]; 
Federal requirement: Buy American requirements: [Empty]; 
Federal requirement: National Historic Preservation Act: [Empty]; 
Federal requirement: Project selection process: [Empty]; 
Federal requirement: Recovery Act-specific requirements: [Empty]; 
Federal requirement: National Environmental Policy Act: Agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Other factors: Newness of programs: [Empty]; 
Other factors: State, local, or tribal issues: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Source: Federal agency officials. 

Notes: The following agencies did not identify any factors as 
affecting their ability to select or start Recovery Act projects and 
thus are not included in figure 1: Corporation for National and 
Community Service; Federal Communications Commission; General Services 
Administration; Smithsonian Institution; Department of the Treasury; 
and U.S. Agency for International Development. The U.S. Army Corps of 
Engineers said that efforts to fulfill the purposes and principles of 
the act were a factor in slowing its ability to select projects; this 
factor is not included in figure 1. 

This figure is not comprehensive; it includes only the most commonly 
cited factors affecting the timing of Recovery Act project selection 
and starts. Some agencies also listed additional factors. 

[End of figure] 

Figure 2: Factors State and Local Government Officials Most Often 
Cited as Affecting Their Ability to Select or Start Projects: 

[Refer to PDF for image: illustrated table] 

State: Arizona; 
Federal requirements: Davis-Bacon requirements: [Empty]; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: State agency stated that this factor caused delays in 
implementing Recovery Act projects; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: California; 
Federal requirements: Davis-Bacon requirements: State and local agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: Buy American requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: National Historic Preservation Act: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: Recovery Act-specific requirements: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: National Environmental Policy Act: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: State 
and local agency stated that this factor caused delays in implementing 
Recovery Act projects; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: State agency stated that this factor could cause delays 
in implementing Recovery Act projects; 
Other factors: State-specific laws: State agency stated that this 
factor could cause delays in implementing Recovery Act projects; 
Other factors: Staff capacity: State agency stated that this factor 
caused delays in implementing Recovery Act projects; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Colorado; 
Federal requirements: Davis-Bacon requirements: [Empty]; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: Local agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: District of Columbia; 
Federal requirements: Davis-Bacon requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Other factors: Contract issues at the state and local levels: State 
agency stated that this factor caused delays in implementing Recovery 
Act projects; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: State agency stated that this factor caused delays in 
implementing Recovery Act projects; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Florida; 
Federal requirements: Davis-Bacon requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Other factors: Contract issues at the state and local levels: State 
agency stated that this factor caused delays in implementing Recovery 
Act projects; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: State agency stated that this factor caused delays in 
implementing Recovery Act projects; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Georgia; 
Federal requirements: Davis-Bacon requirements: [Empty]; 
Federal requirements: Buy American requirements: State agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Illinois; 
Federal requirements: Davis-Bacon requirements: [Empty]; 
Federal requirements: Buy American requirements: Local agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Iowa; 
Federal requirements: Davis-Bacon requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Massachusetts; 
Federal requirements: Davis-Bacon requirements: [Empty]; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: State agency stated that 
this factor caused delays in implementing Recovery Act projects. 

State: Michigan; 
Federal requirements: Davis-Bacon requirements: State and local agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Mississippi; 
Federal requirements: Davis-Bacon requirements: State agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirements: Buy American requirements: State agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirements: National Historic Preservation Act: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Federal requirements: Recovery Act-specific requirements: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: National Environmental Policy Act: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Other factors: Federal guidance delayed or changing: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: State agency stated that this factor could 
cause delays in implementing Recovery Act projects; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: State agency stated that this 
factor caused delays in implementing Recovery Act projects; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: New Jersey; 
Federal requirements: Davis-Bacon requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: Buy American requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: National Historic Preservation Act: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: Local agency stated that this factor caused 
delays in implementing Recovery Act projects; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: State agency stated that this 
factor could cause delays in implementing Recovery Act projects; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: State agency stated that 
this factor caused delays in implementing Recovery Act projects. 

State: New York; 
Federal requirements: Davis-Bacon requirements: State and local agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Federal requirements: Recovery Act-specific requirements: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: North Carolina; 
Federal requirements: Davis-Bacon requirements: [Empty]; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: State 
agency stated that this factor caused delays in implementing Recovery 
Act projects; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Ohio; 
Federal requirements: Davis-Bacon requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Pennsylvania; 
Federal requirements: Davis-Bacon requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: Buy American requirements: [Empty]; 
Federal requirements: National Historic Preservation Act: [Empty]; 
Federal requirements: Recovery Act-specific requirements: [Empty]; 
Federal requirements: National Environmental Policy Act: [Empty]; 
Other factors: Federal guidance delayed or changing: [Empty]; 
Other factors: Contract issues at the state and local levels: State 
agency stated that this factor caused delays in implementing Recovery 
Act projects; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

State: Texas; 
Federal requirements: Davis-Bacon requirements: State agency stated 
that this factor caused delays in implementing Recovery Act projects; 
Federal requirements: Buy American requirements: State agency stated 
that this factor could cause delays in implementing Recovery Act 
projects; 
Federal requirements: National Historic Preservation Act: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Federal requirements: Recovery Act-specific requirements: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Federal requirements: National Environmental Policy Act: State agency 
stated that this factor could cause delays in implementing Recovery 
Act projects; 
Other factors: Federal guidance delayed or changing: State agency 
stated that this factor caused delays in implementing Recovery Act 
projects; 
Other factors: Contract issues at the state and local levels: [Empty]; 
Other factors: State or local grant planning and application process 
for Recovery Act funds: [Empty]; 
Other factors: Local agencies’ lack of familiarity with federal 
requirements: [Empty]; 
Other factors: State-specific laws: [Empty]; 
Other factors: Staff capacity: [Empty]; 
Other factors: Seasonal issues or weather: [Empty]. 

Source: State and local agency officials. 

Note: This figure is not comprehensive; it includes only the most 
commonly cited factors affecting the timing of Recovery Act project 
selection and starts. Some state and local agencies also listed 
additional factors. 

[End of figure] 

As figures 1 and 2 show, federal, state, and local agency officials 
identified several factors affecting their ability to select or start 
projects. For example: 

* Davis-Bacon requirements. Officials in 4 of the 27 federal agencies--
the Departments of Commerce and Energy and HUD, as well as EPA--cited 
these requirements as affecting project timing, and officials from 
another 2 federal agencies said Davis-Bacon requirements may affect 
the timing of projects. Similarly, officials from 10 states and 3 
local agencies said Davis-Bacon requirements had caused delays in 
implementing Recovery Act projects. In particular, Energy's 
Weatherization Assistance Program became subject to the Davis-Bacon 
requirements for the first time after having been previously exempt 
from those requirements.[Footnote 18] Thus, Labor had to determine the 
prevailing wages for weatherization workers in each county in the 
United States. In July 2009, Energy and Labor issued a joint 
memorandum to Weatherization Assistance Program grantees authorizing 
them to begin weatherizing homes using Recovery Act funds, provided 
they pay construction workers at least Labor's wage rates for 
residential construction, or an appropriate alternative category, and 
compensate workers for any differences if Labor establishes a higher 
local prevailing wage rate for weatherization activities. On September 
3, 2009, Labor completed its determinations; later that month, we 
reported that Davis-Bacon requirements were a reason why some states 
had not started weatherizing homes. Specifically, 7 out of 16 states 
and the District of Columbia decided to wait to begin weatherizing 
homes until Labor had determined county-by-county prevailing wage 
rates for their state. These officials explained that they wanted to 
avoid having to pay back wages to weatherization workers who started 
working before the prevailing wage rates were known.[Footnote 19] 
States used only a small percentage of their available funds in 2009, 
mostly because state and local agencies needed time to develop the 
infrastructures required for managing the significant increase in 
weatherization funding and for ensuring compliance with Recovery Act 
requirements, including Davis-Bacon requirements.[Footnote 20] 
According to data available to Energy, as of December 31, 2009, about 
9,100 homes had been weatherized out of a planned 593,000. Moreover, 
HUD officials told us that until passage of the Recovery Act, its 
Office of Healthy Homes and Lead Hazard Control grant program had 
never been subject to Davis-Bacon requirements. Therefore, agency 
staff, grantees, and contractors needed to establish and implement new 
administrative procedures, which delayed the start of construction 
projects. In another case, Texas Department of Housing and Community 
Affairs officials told us that Davis-Bacon's administrative 
requirements affected their ability to start projects in two ways. 
First, the state had to wait until late December 2009 for wage rates 
for a particular county. Second, officials experienced delays of 30 to 
45 days to (1) provide training to ensure an understanding of the 
Davis-Bacon Act at the grantee, subrecipient, and subcontractor 
levels, and (2) have sufficient staff to collect, monitor, and 
document that data and check its reliability through payment 
verifications and employee interviews. 

* Buy American provisions. According to officials from 5 of the 27 
federal agencies--the Departments of Commerce, Education, Homeland 
Security (DHS), and HUD, as well as EPA--these provisions had affected 
their ability, or their grantees' ability, to select or start some 
Recovery Act projects. Moreover, officials from 3 additional federal 
agencies said Buy American provisions may affect their ability to 
select or start projects. At the state level, 2 states and 1 local 
entity said that Buy American provisions had affected the timing of 
Recovery Act projects. In some cases, federal agencies had to develop 
guidance for compliance with Buy American provisions, including 
issuing guidance on waivers to recipients that were unable to comply. 
For example, according to EPA officials, developing Buy American 
guidance was particularly challenging because of the need to establish 
a waiver process for Recovery Act projects. Likewise, DHS officials 
told us that a project under the Transportation Security 
Administration's Electronic Baggage Screening Program was slowed as 
officials awaited a Buy American waiver to allow contractors to use 
foreign-made components.[Footnote 21] The waiver became necessary when 
the contractor learned that U.S.-made components would have hindered 
the integration of an airport's security systems. At the local level, 
officials from the Chicago Housing Authority (CHA) reported that the 
only security cameras that are compatible with the existing CHA system 
and City of Chicago police systems are not made in the United States. 
CHA worked with HUD to determine how to seek a waiver for this 
particular project. Moreover, an industry representative told us that 
the Buy American provisions could interrupt contractors' supply 
chains, requiring them to find alternate suppliers and sometimes 
change the design of their projects, which could delay project starts. 

* The National Historic Preservation Act. According to officials from 
2 of the 27 federal agencies--the Departments of Commerce and 
Transportation--NHPA requirements affected some Recovery Act project 
selection and starts, and officials at another 6 federal agencies 
stated that the NHPA may affect the timing of project implementation. 
Officials from 7 states identified this act as a factor that did or 
could impact the timing of their Recovery Act projects. At the federal 
level, Transportation officials said that projects to improve the 
security of train stations, bridges, and tunnels have been delayed 
because Amtrak must obtain clearances for its projects through the 
various state historic preservation offices before starting work. 
Commerce officials also said that some state historic preservation 
officers were slow to issue NHPA clearances because of the increased 
workload stemming from the Recovery Act. At the state level, 
Mississippi officials said the NHPA's clearance requirements 
represented one of the biggest potential delays to project selection 
in the energy programs. In part because of this requirement, the state 
had to adjust program plans and limit the scope of eligible recipients 
and projects to avoid historic preservation issues. For example, many 
of the city-and county-owned facilities that could benefit from the 
Energy Efficiency and Conservation Block Grant program could be 
subject to historic preservation requirements.[Footnote 22] These 
program requirements mandate that projects must be identified within 
180 days of award. 

Likewise, officials from the Michigan Department of Human Services 
told us that the NHPA requires that weatherization projects receiving 
federal funds undergo a state historic preservation review. According 
to Michigan officials, this requirement means that the state historic 
preservation office may review every home over 50 years of age if any 
work is to be conducted, regardless of whether the home is in a 
historic district or on a national registry. State officials told us 
that an estimated 90 percent of the homes to be weatherized would need 
a historic review. These reviews are a departure from Michigan's 
previous experience; the state's historical preservation office had 
never considered weatherization work to trigger a review. Furthermore, 
Michigan officials told us that the State Historic Preservation Office 
(SHPO) policy is to review weatherization applications for these homes 
within 30 days after receiving the application and advise the state 
Department of Human Services on whether the work can proceed. However, 
as of October 29, 2009, SHPO only had two employees, so state 
officials were concerned that this process could cause a significant 
delay, according to officials in the state's Department of Human 
Services. To avoid further delays, Michigan officials told us that in 
November 2009, they signed an agreement with the SHPO that is designed 
to expedite the review process. They also told us that with the 
agreement in place, they expect to meet their weatherization goals. 

* Project selection process. This process--including requesting and 
reviewing applications--was cited as a factor affecting the timing of 
projects by 5 of the 27 federal agencies--the Departments of Commerce, 
Defense, Education, Health and Human Services, and DHS--and 2 agencies 
said it may be a factor. For example, according to Commerce officials, 
before selecting or awarding grants, the department's rules require 
that each application to the Broadband Technology Opportunities 
Program (BTOP) be reviewed by a panel of at least three reviewers. 
[Footnote 23] The agency within Commerce that oversees BTOP received 
more than 1,800 applications for funding. According to agency 
officials, ensuring that each application was evaluated by three 
independent reviewers resulted in a moderate delay in awarding funds. 
The agency originally anticipated starting to announce BTOP awards in 
November 2009, but it delayed these initial announcements until 
December 2009 to ensure that each application received a thorough 
review and evaluation. Likewise, officials from DHS's Federal 
Emergency Management Agency said that it needed to carry out very 
rigorous technical reviews of its new Fire Station Construction Grants 
program so that the (1) recommended costs would be appropriate and 
allowable and (2) "shovel-ready" aspect of the grant would be 
verified.[Footnote 24] Technical review of grant applications, 
therefore, affected the timing of projects funded under this program. 

* Recovery Act-specific requirements. Five of the 27 federal agencies--
the Departments of Health and Human Services, Justice, and 
Transportation, as well as EPA and NASA--stated that some Recovery Act 
requirements, particularly sections 1511 (certification) and 1512 
(reporting), affected the timing of projects. In addition, Education 
told us that both sections 1511 and 1512 may cause delays. Officials 
from 5 states also said that Recovery Act-specific requirements caused 
delays. At the federal level, Transportation officials told us that 
the section 1511 certification requirement added a step to the process 
for both states and the department, and in a few cases, the 
certification and posting requirement delayed the start of a project. 
At the state level, officials from the Illinois State Board of 
Education reported that section 1511 delayed approval of fiscal year 
2010 grant applications that contain construction costs. Specifically, 
because of the need to develop a state-level certification process, 
the approval of construction funding requests was delayed, in some 
cases by several months, for a few districts that submitted requests 
prior to completing a state-level process. Illinois officials 
indicated that an approval process was subsequently put in place; as a 
result, districts usually received approval within days of the request 
submission. Similarly, officials from California stated that section 
1511 certification caused a delay of about 30 days. 

NASA officials told us that contractors sometimes resisted the 
Recovery Act's section 1512 public reporting requirement. For example, 
one company negotiated with the agency for about 2 months, mainly over 
the impact of the Recovery Act's reporting requirements on its 
subcontractors. In addition, officials at the Texas Criminal Justice 
Division told us that the state invested more than 1,000 hours to 
develop and implement technology system updates to accommodate the 
Recovery Act reporting requirements, which included redesigning their 
system to collect data from grantees and adding new data elements to 
the information that they already collected. These system updates, 
along with the need to send a large volume of applications back to 
applicants as new or changing federal guidance was released, added an 
estimated 3 weeks to program implementation. 

* National Environmental Policy Act. Officials from 3 federal 
agencies--Commerce, Energy, and HUD--stated that NEPA had affected 
project timing; another 8 federal agencies stated that NEPA may affect 
project timing. Officials from 3 states also said that NEPA affected 
project timing. Although Energy officials stated that the agency had 
taken steps to expedite the NEPA review process and the agency's 
funding opportunity announcements specified that projects must be 
sufficiently developed to meet the Recovery Act's timetable for 
commitment of funds, officials in California and Mississippi 
nonetheless told us that NEPA had caused delays in Energy programs. 
For example, California officials said that the State Energy 
Commission must submit some of its Recovery Act projects to Energy for 
NEPA review because they are not covered by Energy's existing 
categorical exclusions.[Footnote 25] State officials said that such 
reviews can take up to 6 or more weeks. Both California and 
Mississippi officials told us that activities that are categorically 
excluded under NEPA (e.g., road repaving or energy-efficient upgrades 
to existing buildings) still require clearance before the state can 
award funds. Staff must spend time filling out forms and supplying 
information to Energy on projects that may qualify for a categorical 
exclusion. Similarly, Arizona state transportation officials and 
Mississippi economic development officials stated that NEPA was 
causing some delays in project selection and starts. In particular, 
Arizona officials explained that delays have occurred at the local 
level because local officials do not have experience in dealing with 
federal highway requirements, including NEPA requirements. 

Factors Other than Federal Requirements Have Also Affected the Timing 
of Project Selection and Starts: 

Officials also told us that factors other than federal requirements 
have affected the timing of project selection or starts. For example: 

* Newness of programs. Because some Recovery Act programs were newly 
created, officials at several federal agencies told us that before 
implementing projects, they needed time to establish procedures and 
provide guidance. HUD officials, for example, told us that because 
HUD's Office of Native American Programs had not previously 
administered a competitive Native American Housing Block Grant, 
[Footnote 26] they had to develop a new notice of funding availability 
and new forms for the program, which then had to be cleared by both 
the department and OMB.[Footnote 27] The Energy Inspector General 
noted that the awards process for the Energy Efficiency and 
Conservation Block Grant Program, newly funded under the Recovery Act, 
was challenging to implement because there was no existing 
infrastructure. Hence, Recovery Act funds were not awarded and 
distributed to recipients in a timely manner. 

* State, local or tribal issues. The economic recession affected some 
states' budgets, which, in turn, affected their ability to use some 
Recovery Act funds. For example, an Army National Guard cooperative 
agreement program required states to provide matching funds for such 
things as window and roof replacement at certain facilities. However, 
because states were experiencing difficulties in passing their current-
year budgets, some were unable to provide the matching funds. As a 
result, according to Defense officials, Defense had to revise its 
Recovery Act project plan to cancel or reduce the number of Army 
National Guard projects with state matching funds and replace them 
with other projects that did not require matching funds. In addition, 
according to officials at the National Endowment for the Arts, one 
state arts agency had to delay its release of Recovery Act grant funds 
by 3 months, from July to October 2009, because of the state's 
budgetary constraints. Because the state had not approved its budget 
on time, it authorized agencies to spend funds only in quarterly 
allotments, which were not sufficient to make the recommended grants. 
The state arts agency ultimately received approval of its special 
request for the funds to be released as one allotment. Finally, HUD 
told us that project starts in some instances were affected by the 
need for state and local governments to furlough employees as a result 
of the economic downturn. 

* Staff capacity. Federal officials at some agencies told us they have 
experienced heavy workloads as a result of the Recovery Act, which has 
impaired their ability to initiate programs. For example, officials 
from the Small Business Administration (SBA) said that they were 
unable to begin their two secondary markets programs until the fall of 
2009 because of limited staff resources and the need to sort out other 
issues related to these programs, including contracting and Recovery 
Act recipient reporting requirements.[Footnote 28] In addition, as we 
reported in December 2009, smaller localities, which are often rural, 
told us that they faced challenges because of a lack of staff to 
understand, apply for, and comply with requirements for federal 
Recovery Act grants.[Footnote 29] For example, some local government 
officials reported that they did not employ a staff person to handle 
grants and therefore did not have the capacity to understand which 
grants they were eligible for and how to apply for them. In the 
District of Columbia, moreover, Department of the Environment 
officials explained that weatherization funds had not been spent as 
quickly as anticipated because they needed to develop the 
infrastructure to administer the program. For example, the department 
needed to hire six new staff members to oversee and manage the 
program. Officials reported that, as of late January 2010, the 
department had still not hired any of the six new staff required. 
However, the job posting was closed, and Department of the Environment 
officials expected Recovery Act-funded weatherization work to begin in 
early February 2010. Officials from the National Association of 
Counties (NACO), moreover, said that some localities had turned down 
Recovery Act funding to avoid the administrative burdens associated 
with the act's numerous reporting requirements. 

* Seasonal issues or weather. Officials at some federal agencies said 
that winter and other seasonal concerns impeded their ability to start 
or continue construction projects. For example, according to Interior 
officials, construction starts in Alaska and some northern areas of 
the continental United States may be delayed because of long winter 
seasons there. In addition, an Interior official stated that seasonal 
wildland fires can also affect the agency's ability to start certain 
Recovery Act projects. Likewise, Defense officials told us that 
construction on a pier was delayed because the contractor missed the 
"fish window," when construction activities underwater can be 
performed with minimal impact on fish habitat. Finally, contractors in 
Massachusetts said that inclement weather delayed the progress of some 
paving projects. 

* Lack of clarity on the meaning of "shovel-ready." Although officials 
from several federal agencies said they made "shovel-ready" projects a 
priority for funding, officials from NACO told us that there was no 
official definition of "shovel-ready." Hence, local officials had 
different interpretations of the concept. According to NACO officials, 
localities had designated certain projects "shovel-ready," but the 
necessary background work for these projects had not in fact been 
completed. 

Some Federal Officials Reported That Federal Requirements Did Not 
Affect the Timing of Recovery Act Projects for Two Reasons: 

Federal officials from some agencies offered two reasons why federal 
requirements did not affect the timing of certain Recovery Act 
projects. First, officials from these agencies said that the 
procedures for awarding and implementing Recovery Act funds for some 
programs and projects were similar to, or the same as, their usual 
procedures and did not pose any new challenges or cause any particular 
delays. For example, officials from Agriculture's Farm Direct 
Operating Loans program used Recovery Act dollars to fund an existing 
backlog of direct operating loan applications that had been previously 
approved but for which no funding was available. According to agency 
officials, the requirements for direct operating loans funded through 
the Recovery Act were thus the same as those for direct operating 
loans funded with regular annual appropriations. Therefore, there was 
no additional burden on applicants. These preapproved loans accounted 
for more than 75 percent of the funding made available through the 
Recovery Act. Within 3 weeks of receipt, according to USDA officials, 
nearly 100 percent of the Recovery Act direct operating loan funds had 
been obligated. Likewise, General Services Administration (GSA) 
officials stated that GSA has been operating under the Davis-Bacon 
requirements within the United States for years and has accounted for 
these requirements in its project plans. According to these officials, 
in cases where Davis-Bacon newly applies to Recovery Act projects 
(i.e., projects in the territories of Puerto Rico and the Virgin 
Islands), the agency's experience with the requirements has 
facilitated its ability to implement these projects. Hence, according 
to GSA officials, the impact of any federal requirements on Recovery 
Act projects has been negligible. 

Furthermore, in some cases, agencies provided Recovery Act funding 
through major programs that have historically received large sums of 
funding and already had the infrastructure in place to administer the 
high level of funding involved. For instance, a significant amount of 
Transportation's Recovery Act funding is being provided to state and 
local transportation authorities through existing program structures, 
helping to ensure that these funds will be used expeditiously. Of the 
$48 billion that Transportation received under the act, nearly $39 
billion was distributed through existing funding programs, such as 
highway formula grant programs. 

Second, to expedite the use of Recovery Act funds, some federal 
agencies selected--or encouraged states to select--projects that had 
already satisfied key federal requirements that need to be met before 
a federal project can start. For example, agency officials reported 
the following: 

* Transportation's Federal Highway Administration encouraged states to 
select projects that had completed preconstruction requirements, 
including NEPA reviews, preconstruction procedures, right-of-way 
acquisition, planning, and administration of engineering-and design- 
related services. 

* The National Science Foundation awarded the majority of its funding 
to proposals that had been received by the agency or gone through its 
merit review process prior to September 30, 2009. 

* NASA and the U.S. Agency for International Development (USAID) 
mainly modified existing contracts, rather than developing new ones, 
to implement projects expeditiously. NASA officials estimated that 
about 80 percent of their programs consist of modifications to 
existing contracts. USAID officials said they simply included a 
reference to a new FAR clause for the Recovery Act and took the 
appropriate procurement and contracting actions required by the FAR 
before obligating funds. 

Similarly, many state transportation officials said they selected a 
large percentage of resurfacing and other pavement improvement 
projects for Recovery Act funding because they did not require 
extensive environmental clearances and because other processes could 
also occur quickly, such as design, request for bids, obligation of 
funds, and employment. In addition, projects could be completed within 
3 years.[Footnote 30] For example: 

* Massachusetts transportation officials said that they had avoided 
significant delays in starting projects by selecting those that were 
likely to have little environmental impact--such as impairing air 
quality--that require additional permitting before the project could 
get under way. These officials also said that they did not select 
projects involving entities with a history of lengthy permitting 
processes. For example, if a project had permitting requirements that 
involved the U.S. Army Corps of Engineers, the Coast Guard, or a 
municipality, the state did not generally select the project for 
Recovery Act funding because, according to state officials, the 
permitting process with these entities typically takes a year or more 
to resolve. 

* Mississippi officials told us that prior to the enactment of the 
Recovery Act, the state's Department of Transportation appointed a 
selection committee to identify projects that could be advertised no 
later than June 2009. Projects placed on the list to be funded by the 
Recovery Act were required to have all rights-of-way acquired, 
utilities adjusted, environmental clearances obtained, and plans 
developed. In addition to selecting highway construction projects, the 
committee identified transportation enhancement projects that could be 
obligated before February 17, 2010, 1 year after the act's enactment. 
[Footnote 31] Such projects included improving the department's rest 
areas and welcome centers to enhance tourism and encourage new 
industry in the state. All identified projects were reviewed and 
ranked on the basis of (1) need, (2) location in an economically 
distressed area, (3) the likelihood of statewide job creation, (4) 
expected economic benefit to the area, and (5) the projects' ability 
to meet requirements for timely obligation. When the state was 
notified of its share of Recovery Act funds, officials selected 
projects from this group of reviewed and ranked projects and 
emphasized obligating 50 percent of a subset of the funds within 120 
days. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to all 27 agencies and OMB for 
review and comment and received technical comments from 17 agencies. 
We have incorporated these comments into the report as appropriate. We 
also provided a copy of the relevant sections to GAO teams responsible 
for reviewing Recovery Act work in the states mentioned in this 
report. In some cases, those teams forwarded relevant sections to 
officials within those states. We included these comments as 
appropriate. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies to all 27 
agencies reviewed in this report and other interested parties. The 
report will also be available at no charge on the GAO Web site at 
[hyperlink, http://www.gao.gov]. 

If you or your staff members have any questions about this report, 
please contact me at (202) 512-3841 or daltonp@gao.gov. Contact points 
for our Offices of Congressional Relations and Public Affairs may be 
found on the last page of this report. GAO staff who made major 
contributions to this report are listed in appendix I. 

Sincerely Yours, 

Signed by: 

Patricia A. Dalton:
Managing Director, Natural Resources and Environment: 

[End of section] 

Appendix I: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Patricia A. Dalton, (202) 512-3841 or daltonp@gao.gov: 

Staff Acknowledgments: 

Other key contributors to this report were Mark Gaffigan (Director), 
Ric Cheston (Assistant Director), Kimberly Gianopoulos (Assistant 
Director), Anne K. Johnson (Analyst-in-Charge), and Amanda Krause. 
Important contributions were also made by Jessica Bryant-Bertail, 
Janice Ceperich, Richard P. Johnson, Jonathan Kucskar, Anne Rhodes- 
Kline, and Carol Herrnstadt Shulman. 

[End of section] 

Footnotes: 

[1] Pub. L. No. 111-5 (2009). 

[2] The Recovery Act consists of two divisions, Division A and 
Division B. Division A consists primarily of discretionary spending, 
with some exceptions; Division B consists of mainly mandatory spending 
and revenue provisions, with some exceptions, and includes tax, 
unemployment, health, state fiscal relief, and some other provisions. 
We focused on Division A of the Recovery Act. (Discretionary spending 
refers to outlays from budget authority that is provided in and 
controlled by appropriation acts. Examples of discretionary projects 
and activities include federal construction projects and certain 
research activities. Spending from budget authority that is provided 
in laws other than appropriation acts is referred to as mandatory 
spending, which includes spending for entitlement programs such as 
Medicare, Food Stamps [now known as the Supplemental Nutrition 
Assistance Program], and veterans' pensions.) 

[3] 48 C.F.R. § 1.000 et seq. 

[4] 42 U.S.C. § 4321 et seq. 

[5] Section 1609 of the Recovery Act directs agencies to devote 
"adequate resources" to ensure that applicable environmental reviews 
under NEPA "are completed on an expeditious basis using the shortest 
existing applicable environmental review process." Section 1609 
further requires the President to produce periodic reports on the 
status and progress of NEPA compliance for Recovery Act projects. 

[6] 16 U.S.C. § 470 et seq. 

[7] 40 U.S.C. § 3141 et seq. 

[8] Separately, we will be reporting on the impact of Davis-Bacon 
requirements on Recovery Act programs subject to those requirements 
for the first time. 

[9] 41 U.S.C. § 10a. 

[10] GAO, Federal-Aid Highways: Federal Requirements for Highways May 
Influence Funding Decisions and Create Challenges, but Benefits and 
Costs Are Not Tracked, GAO-09-36 (Washington, D.C.: Dec. 12, 2008). 

[11] An obligation is a definite commitment that creates a legal 
liability of the government for the payment of goods and services 
ordered or received. An agency incurs an obligation, for example, when 
it places an order, signs a contract, awards a grant, purchases a 
service, or takes other actions that require the government to make 
payments to the public or from one government account to another. 

[12] The U.S. Army Corps of Engineers is part of the Army that has 
both military and civilian responsibilities. 

[13] Apportionment is the action the OMB uses to distribute amounts 
available for obligation. An apportionment divides amounts available 
for obligation by specific time periods (usually quarters), 
activities, projects, objects, or a combination thereof. 

[14] The states selected for our bimonthly reviews contain about 65 
percent of the U.S. population and are estimated to receive 
collectively about two-thirds of the intergovernmental federal 
assistance funds available through the Recovery Act. We selected these 
states and the District of Columbia on the basis of federal outlay 
projections; percentage of the U.S. population represented; 
unemployment rates and changes; and a mix of states' poverty levels, 
geographic coverage, and representation of both urban and rural areas. 

[15] Pub. L. No. 111-5, § 3, 123 Stat. 115 (2009). 

[16] GAO, Recovery Act: States' and Localities' Current and Planned 
Uses of Funds While Facing Fiscal Stresses, GAO-09-829 (Washington, 
D.C.: July 8, 2009). 

[17] Most federal agencies and departments covered in this review have 
multiple programs under the Recovery Act. While certain programs 
within each agency or department may have encountered challenges in 
implementing Recovery Act projects in a timely manner, this may not be 
true for all programs within that particular agency or department. 

[18] The Recovery Act appropriated $5 billion for the Weatherization 
Assistance Program, which Energy is distributing to each of the 
states, the District of Columbia, and seven territories and Indian 
tribes. The program seeks to assist low-income families by making such 
long-term energy efficiency improvements to their homes as installing 
insulation; sealing leaks; and modernizing heating equipment, air 
circulation fans, and air conditioning equipment. 

[19] GAO, Recovery Act: Funds Continue to Provide Fiscal Relief to 
States and Localities, While Accountability and Reporting Challenges 
Need to Be Fully Addressed, GAO-09-1016 (Washington, D.C.: Sept. 23, 
2009). 

[20] The Department of Homeland Security’s Electronic Baggage 
Screening Program ($700 million) includes airport facility 
modification projects, such as the construction of baggage handling 
systems and the purchase and installation of explosives detection 
equipment. 

[21] The Energy Efficiency and Conservation Block Grants program, 
administered by Energy, provides funds through competitive and formula 
grants to units of local and state government and Indian tribes to 
develop and implement projects to improve energy efficiency and reduce 
energy use and fossil fuel emissions in their communities. The 
Recovery Act includes $3.2 billion for the program. 

[21] DHS's Electronic Baggage Screening Program ($700 million) 
includes airport facility modification projects, such as the 
construction of baggage handling systems and the purchase and 
installation of explosives detection equipment. 

[22] The Department of Commerce's National Telecommunications and 
Information Administration (NTIA) administers the Recovery Act's 
Broadband Technology Opportunities Program. This program was 
appropriated $4.7 billion, including up to $350 million for the 
purposes of developing and maintaining a broadband inventory map. The 
State Broadband Data and Development Grant Program is a competitive, 
merit-based matching grant program that funds projects that collect 
comprehensive and accurate state-level broadband mapping data, develop 
state-level broadband maps, aid in the development and maintenance of 
a national broadband map, and fund statewide initiatives directed at 
broadband planning. 

[23] The Recovery Act Assistance to Firefighters Fire Station 
Construction Grants program--appropriated $210 million and is 
administered by the DHS's Federal Emergency Management Agency--
provides federal grants directly to fire departments on a competitive 
basis to build or modify existing non federal fire stations in order 
for departments to enhance their response capability and protect the 
communities they serve from fire and fire-related hazards. 

[24] If an agency determines that activities of a proposed project 
fall within a category of activities the agency has already determined 
has no significant environmental impact--called a categorical 
exclusion--then the agency generally need not prepare an environmental 
assessment or environmental impact statement. 

[25] HUD's Native American Housing Block Grant program ($510 million) 
assists tribes in developing, operating, maintaining, and supporting 
affordable housing for rental and homeownership housing. 

[26] Under the Paperwork Reduction Act, federal agencies may not 
conduct or sponsor the collection of information unless approved by 
OMB. OMB is required to determine that the agency collection of 
information is necessary for the proper performance of the functions 
of the agency, including whether the information will have practical 
utility. Consistent with the act's requirements, OMB has established a 
process to review all proposals by executive branch agencies 
(including independent regulatory agencies) to collect information 
from 10 or more persons, whether the collections are voluntary or 
mandatory. 

[27] One of SBA's secondary market programs provides loans to market 
broker/dealers to support their continued purchase of SBA loan 
products; the other provides financing to acquire fixed assets, such 
as real estate or equipment, for expansion or modernization. 

[28] GAO, Recovery Act: Status of States' and Localities' Use of Funds 
and Efforts to Ensure Accountability, GAO-10-231 (Washington, D.C.: 
Dec. 10, 2009). 

[29] The Recovery Act contains a requirement to give priority to 
certain transportation projects that can be completed within 3 years. 

[30] Transportation enhancements include activities such as provision 
of facilities for pedestrians and bicyclists, preservation of 
abandoned railway corridors, acquisition of scenic easements, and 
historic preservation projects. 

[End of section] 

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