Offering $787 billion in grants, loans, contracts and tax incentives, the American Recovery and Reinvestment Act of 2009 promises a major boost for U.S. businesses.  But standing between the stimulus funds and your enterprise is a new and complex body of laws.  These laws tightly regulate who may receive the funds, how the funds may be spent, and how the government will enforce compliance.

FUNDS ARE AVAILABLE—ACROSS INDUSTRIES AND ACROSS THE COUNTRY

You have questions—we provide the answers.

You've read about the Act and believe your business may be eligible for funds.  How do you find out whether you qualify?  How do you go about applying?  What contracts are required?  What steps will be necessary to ensure compliance?  What happens if you get audited?

Answers are not easy to come by.  Twenty-eight different federal agencies have roles in administering the stimulus funds.  State and local governments are also involved.  Spending goals target projects that range in diversity from fossil-fuel development to broadband deployment to computerization of health records.

Our Recovery Act team draws together attorneys and professionals from diverse practices within our firm.  The sum of their experience forms a team that has successfully represented clients across industries before the diverse array of agencies that are administering the Recovery Act.

Though their practice backgrounds differ, team members share a common trait:  a thorough understanding of the myriad aspects of the Recovery Act.

Your roadmap to stimulus funds.

Ahead is opportunity, but, first come challenges.  Venable takes care of the challenges, leaving the opportunity to you.

Even before the President signed the Recovery Act in February 2009, we were at work on behalf of multiple clients to secure their shares of the stimulus.  Some funds have already been allocated.  But, hundreds of billions remain to be spent and billions more are available in the form of tax credits and incentives.

We assist clients with every aspect of the Recovery Act, from grant assessment and applications to project audits and compliance.  We provide a broad array of corporate, tax, legislative and regulatory counsel on issues associated with Recovery Act programs.

What we can do for you.

• Identify and apply for funds.  We can help you identify projects where funding is available and guide you through the application process.
• Negotiate contracts and comply with regulations.  Our team can help you negotiate contracts with the government and third parties.  We will help you ensure compliance with all federal regulations.
• Respond to audits.  If the government issues an inquiry or launches a full-scale audit of your activities, we can help you respond.  Should litigation result, we can defend you.

Consider us your opportunity radar.  We closely monitor stimulus programs throughout the federal government.  Based on what we see, we provide you with early notice of opportunities across a wide range of programs.

Opportunities that span industries.

The stimulus plan spans industries and practice areas.  Our Recovery Act Task Force does the same, ready to address your company's unique needs and goals.

Energy and environment. Investment in domestic renewable energy and "green technology" are key components of the Recovery Act.  As much as $100 billion is available for energy-related projects.  Significant funds have been designated for fossil-fuel research and development, clean coal power initiatives and carbon capture technology.  At Venable, representing renewable energy companies and innovative green technology are a core focus of our Green Business Group, which includes members of our Energy and Environmental Practice Groups.  Our team applies that industry savvy to Recovery Act programs.

Communications. The Recovery Act provides $7.2 billion for two major broadband deployment grant programs.  One, a $4.7 billion program managed by the National Telecommunications and Information Administration, targets areas that lack adequate broadband infrastructure.  The other, $2.5 billion managed by the Rural Utilities Service of the Department of Agriculture, supports broadband infrastructure in rural areas.  Venable provides communications companies and broadband users with practical, informed and creative legal guidance.  Our team is already at work helping clients apply for funding under these programs. 

Government contracts.  As if government contracting was not complex enough, the Recovery Act makes it even more so.  Besides new federal requirements, significant funding will flow through state and local governments.  For contractors and grantees, this requires compliance with multiple sets of rules and procedures.  Some states are even rewriting their procurement laws specifically to address stimulus funds.  Venable has one of the largest and most experienced Government Contract teams in the country. We understand the issues and the challenges you face; we have the know-how to help you overcome them.

Banking and financial services.  Under the Recovery Act, financial institutions are subject to new and stricter rules regulating corporate governance and executive compensation, among other things.  The Act expands and revises rules originally enacted under the Troubled Assets Relief Program (TARP).  It also expands those rules to cover a wider range of entities, including some sponsors of asset-backed securities.  This means higher standards of compliance and of accountability for financial institutions.  Already, financial institutions face investigations and enforcement proceedings.  With financial services attorneys who understand compliance and enforcement, our team stands ready to protect your business.

Nonprofit organizations.  The Recovery Act favors nonprofit organizations.  Through provisions relating to finance and taxation, it enhances the ability of hospitals, schools, charities and other nonprofit entities to finance new projects and refinance existing debt.  As a law firm with hundreds of nonprofit clients nationwide, we have extensive experience representing nonprofit organizations.  Our team taps into this experience to help nonprofits benefit from the Recovery Act.

Transportation.  Billions of Recovery Act dollars are available for transportation projects.  These range from intercity and interstate development of high-speed rail service to airport upgrades to local highway improvement and modernization.  The plan is expected to generate some 250,000 transportation-related construction jobs.  Our team includes attorneys who have in-depth experience representing virtually all modes of transportation in a full range of projects.

Healthcare.  One of the major goals of the stimulus plan is the computerization of health records in order to reduce medical errors and save on healthcare costs.  The Recovery Act designates $36 billion for health information technology.  The plan also raises the bar for patient privacy and protection of healthcare data.  Companies seeking to participate in these funds require counsel knowledgeable not just in healthcare, but also in business, technology, privacy and healthcare regulation.  Drawing on more than four decades of experience in healthcare, our team is uniquely suited to this task.

The Recovery Act promises unprecedented opportunity.  It also presents unprecedented and untested challenges.

It is a complex set of laws and regulations that spans a broad range of disciplines and industries.  That is why we created a Recovery Act Task Force with relevant experience across those disciplines and industries.  By drawing on the collective knowledge of our firm, we can help your business navigate the complexities of the Recovery Act and participate in the economic recovery.