section (a), reobligated for other activities that have re-
ceived funding from the same account or appropriation in 
such title. 
SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT. 
Unless other provision is made in this Act (or in other 
applicable law) for such expenses, up to 0.5 percent of 
each amount appropriated in this Act may be used for the 
expenses of management and oversight of the programs, 
grants, and activities funded by such appropriation, and 
may be transferred by the head of the Federal department 
or agency involved to any other appropriate account within 
the department or agency for that purpose. Funds set 
aside under this section shall remain available for obliga-
tion until September 30, 2012. 
SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL. 
In addition to funds otherwise made available in this 
Act, there are hereby appropriated the following sums to 
the specified Offices of Inspector General, to remain avail-
able until September 30, 2013, for oversight and audit of 
programs, grants, and projects funded under this Act: 
(1) ‘‘Department of Agriculture—Office of In-
spector General’’, $22,500,000. 
(2) ‘‘Department of Commerce—Office of In-
spector General’’, $10,000,000. 
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(3) ‘‘Department of Defense—Office of the In-
spector General’’, $15,000,000. 
(4) ‘‘Department of Education—Departmental 
Management—Office of the Inspector General’’, 
$14,000,000. 
(5) ‘‘Department of Energy—Office of Inspec-
tor General’’, $15,000,000. 
(6) ‘‘Department of Health and Human Serv-
ices—Office of the Secretary—Office of Inspector 
General’’, $19,000,000. 
(7) ‘‘Department of Homeland Security—Office 
of Inspector General’’, $2,000,000. 
(8) ‘‘Department of Housing and Urban Devel-
opment—Management and Administration—Office 
of Inspector General’’, $15,000,000. 
(9) ‘‘Department of the Interior—Office of In-
spector General’’, $15,000,000. 
(10) ‘‘Department of Justice—Office of Inspec-
tor General’’, $2,000,000. 
(11) ‘‘Department of Labor—Departmental 
Management—Office 
of 
Inspector 
General’’, 
$6,000,000. 
(12) ‘‘Department of Transportation—Office of 
Inspector General’’, $20,000,000. 
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(13) ‘‘Department of Veterans Affairs—Office 
of Inspector General’’, $1,000,000. 
(14) ‘‘Environmental Protection Agency—Office 
of Inspector General’’, $20,000,000. 
(15) ‘‘General Services Administration—Gen-
eral 
Activities—Office 
of 
Inspector 
General’’, 
$15,000,000. 
(16) ‘‘National Aeronautics and Space Adminis-
tration—Office of Inspector General’’, $2,000,000. 
(17) ‘‘National Science Foundation—Office of 
Inspector General’’, $2,000,000. 
(18) ‘‘Small Business Administration—Office of 
Inspector General’’, $10,000,000. 
(19) ‘‘Social Security Administration—Office of 
Inspector General’’, $2,000,000. 
(20) ‘‘Corporation for National and Community 
Service—Office of Inspector General’’, $1,000,000. 
SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNT-
ABILITY OFFICE. 
There is hereby appropriated as an additional amount 
for ‘‘Government Accountability Office—Salaries and Ex-
penses’’ $25,000,000, for oversight activities relating to 
this Act. 
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SEC. 1109. PROHIBITED USES. 
None of the funds appropriated or otherwise made 
available in this Act may be used for any casino or other 
gambling establishment, aquarium, zoo, golf course, or 
swimming pool. 
SEC. 1110. USE OF AMERICAN IRON AND STEEL. 
(a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this Act may be used for 
a project for the construction, alteration, maintenance, or 
repair of a public building or public work unless all of the 
iron and steel used in the project is produced in the United 
States. 
(b) EXCEPTIONS.—Subsection (a) shall not apply in 
any case in which the head of the Federal department or 
agency involved finds that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron and steel are not produced in the 
United States in sufficient and reasonably available 
quantities and of a satisfactory quality; or 
(3) inclusion of iron and steel produced in the 
United States will increase the cost of the overall 
project by more than 25 percent. 
(c) WRITTEN JUSTIFICATION FOR WAIVER.—If the 
head of a Federal department or agency determines that 
it is necessary to waive the application of subsection (a) 
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based on a finding under subsection (b), the head of the 
department or agency shall publish in the Federal Register 
a detailed written justification as to why the provision is 
being waived. 
(d) DEFINITIONS.—In this section, the terms ‘‘public 
building’’ and ‘‘public work’’ have the meanings given such 
terms in section 1 of the Buy American Act (41 U.S.C. 
10c) and include airports, bridges, canals, dams, dikes, 
pipelines, railroads, multiline mass transit systems, roads, 
tunnels, harbors, and piers. 
SEC. 1111. WAGE RATE REQUIREMENTS. 
Notwithstanding any other provision of law and in 
a manner consistent with other provisions in this Act, all 
laborers and mechanics employed by contractors and sub-
contractors on projects funded directly by or assisted in 
whole or in part by and through the Federal Government 
pursuant to this Act shall be paid wages at rates not less 
than those prevailing on projects of a character similar 
in the locality as determined by the Secretary of Labor 
in accordance with subchapter IV of chapter 31 of title 
40, United States Code. With respect to the labor stand-
ards specified in this section, the Secretary of Labor shall 
have the authority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
App.) and section 3145 of title 40, United States Code. 
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SEC. 1112. RELATIONSHIP TO OTHER APPROPRIATIONS. 
Each amount appropriated or made available in this 
Act is in addition to amounts otherwise appropriated for 
the fiscal year involved. Enactment of this Act shall have 
no effect on the availability of amounts under the Con-
tinuing Appropriations Resolution, 2009 (division A of 
Public Law 110–329). 
SEC. 1113. EMERGENCY DESIGNATION. 
Each amount in this Act is designated as an emer-
gency requirement and necessary to meet emergency needs 
pursuant to section 204(a) of S. Con. Res. 21 (110th Con-
gress) and section 301(b)(2) of S. Con. Res. 70 (110th 
Congress), the concurrent resolutions on the budget for 
fiscal years 2008 and 2009. 
SEC. 1114. ADDITIONAL ASSURANCE OF APPROPRIATE USE 
OF FUNDS. 
None of the funds provided by this Act may be made 
available to the State of Illinois, or any agency of the 
State, unless (1) the use of such funds by the State is 
approved in legislation enacted by the State after the date 
of the enactment of this Act, or (2) Rod R. Blagojevich 
no longer holds the office of Governor of the State of Illi-
nois. The preceding sentence shall not apply to any funds 
provided directly to a unit of local government (1) by a 
Federal department or agency or (2) by an established for-
mula from the State. 
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SEC. 1115. PERSISTENT POVERTY COUNTIES. 
(a) ALLOCATION REQUIREMENT.—Of the amount ap-
propriated in this Act for at least 10 percent shall be allo-
cated for assistance in persistent poverty counties. 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘persistent poverty counties’’ means any county that 
has had 20 percent or more of its population living in pov-
erty over the past 30 years, as measured by the 1980, 
1990, and 2000 decennial censuses. 
SEC. 1116. REQUIRED PARTICIPATION IN E-VERIFY PRO-
GRAM. 
None of the funds made available in this Act may 
be used to enter into a contract with an entity that does 
not participate in the E-verify program described in sec-
tion 401(b) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 6 1324a note). 
Subtitle B—Accountability in 
Recovery Act Spending 
PART 1—TRANSPARENCY AND OVERSIGHT 
REQUIREMENTS 
SEC. 1201. TRANSPARENCY REQUIREMENTS. 
(a) REQUIREMENTS
FOR FEDERAL AGENCIES.— 
Each Federal agency shall publish on the website Recov-
ery.gov (as established under section 1226 of this sub-
title)— 
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(1) a plan for using funds made available in 
this Act to the agency; and 
(2) all announcements for grant competitions, 
allocations of formula grants, and awards of com-
petitive grants using those funds. 
(b) REQUIREMENTS
FOR FEDERAL, STATE, AND 
LOCAL GOVERNMENT AGENCIES.— 
(1) 
INFRASTRUCTURE
INVESTMENT
FUND-
ING.—With respect to funds made available under 
this Act for infrastructure investments to Federal, 
State, or local government agencies, the following re-
quirements apply: 
(A) Each such agency shall notify the pub-
lic of funds obligated to particular infrastruc-
ture investments by posting the notification on 
the website Recovery.gov. 
(B) The notification required by subpara-
graph (A) shall include the following: 
(i) A description of the infrastructure 
investment funded. 
(ii) The purpose of the infrastructure 
investment. 
(iii) The total cost of the infrastruc-
ture investment. 
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(iv) The rationale of the agency for 
funding the infrastructure investment with 
funds made available under this Act. 
(v) The name of the person to contact 
at the agency if there are concerns with 
the infrastructure investment and, with re-
spect to Federal agencies, an email address 
for the Federal official in the agency whom 
the public can contact. 
(vi) In the case of State or local agen-
cies, a certification from the Governor, 
mayor, or other chief executive, as appro-
priate, that the infrastructure investment 
has received the full review and vetting re-
quired by law and that the chief executive 
accepts responsibility that the infrastruc-
ture investment is an appropriate use of 
taxpayer dollars. A State or local agency 
may not receive infrastructure investment 
funding from funds made available in this 
Act unless this certification is made. 
(2) OPERATIONAL FUNDING.—With respect to 
funds made available under this Act in the form of 
grants for operational purposes to State or local gov-
ernment agencies or other organizations, the agency 
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or organization shall publish on the website Recov-
ery.gov a description of the intended use of the 
funds, including the number of jobs sustained or cre-
ated. 
(c) AVAILABILITY ON INTERNET OF CONTRACTS AND 
GRANTS.—Each contract awarded or grant issued using 
funds made available in this Act shall be posted on the 
Internet and linked to the website Recovery.gov. Propri-
etary data that is required to be kept confidential under 
applicable Federal or State law or regulation shall be re-
dacted before posting. 
SEC. 1202. INSPECTOR GENERAL REVIEWS. 
(a) REVIEWS.—Any inspector general of a Federal 
department or executive agency shall review, as appro-
priate, any concerns raised by the public about specific 
investments using funds made available in this Act. Any 
findings of an inspector general resulting from such a re-
view shall be relayed immediately to the head of each de-
partment and agency. In addition, the findings of such re-
views, along with any audits conducted by any inspector 
general of funds made available in this Act, shall be posted 
on the Internet and linked to the website Recovery.gov. 
(b) EXAMINATION
OF
RECORDS.—The Inspector 
General of the agency concerned may examine any records 
related to obligations of funds made available in this Act. 
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SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE RE-
VIEWS AND REPORTS. 
(a) REVIEWS AND REPORTS.—The Comptroller Gen-
eral of the United States shall conduct bimonthly reviews 
and prepare reports on such reviews on the use by selected 
States and localities of funds made available in this Act. 
Such reports, along with any audits conducted by the 
Comptroller General of such funds, shall be posted on the 
Internet and linked to the website Recovery.gov. 
(b) EXAMINATION OF RECORDS.—The Comptroller 
General may examine any records related to obligations 
of funds made available in this Act. 
SEC. 1204. COUNCIL OF ECONOMIC ADVISERS REPORTS. 
The Chairman of the Council of Economic Advisers, 
in consultation with the Director of the Office of Manage-
ment and Budget and the Secretary of the Treasury, shall 
submit quarterly reports to Congress detailing the esti-
mated impact of programs under this Act on employment, 
economic growth, and other key economic indicators. 
SEC. 1205. SPECIAL CONTRACTING PROVISIONS. 
The Federal Acquisition Regulation shall apply to 
contracts awarded with funds made available in this Act. 
To the maximum extent possible, such contracts shall be 
awarded as fixed-price contracts through the use of com-
petitive procedures. Existing contracts so awarded may be 
utilized in order to obligate such funds expeditiously. Any 
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contract awarded with such funds that is not fixed-price 
and not awarded using competitive procedures shall be 
posted in a special section of the website Recovery.gov. 
PART 2—ACCOUNTABILITY AND TRANSPARENCY 
BOARD 
SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND 
TRANSPARENCY BOARD. 
There is established a board to be known as the ‘‘Re-
covery Act Accountability and Transparency Board’’ 
(hereafter in this subtitle referred to as the ‘‘Board’’) to 
coordinate and conduct oversight of Federal spending 
under this Act to prevent waste, fraud, and abuse. 
SEC. 1222. COMPOSITION OF BOARD. 
(a) MEMBERSHIP.—The Board shall be composed of 
seven members as follows: 
(1) The Chief Performance Officer of the Presi-
dent, who shall chair the Board. 
(2) Six members designated by the President 
from the inspectors general and deputy secretaries 
of the Departments of Education, Energy, Health 
and Human Services, Transportation, and other 
Federal departments and agencies to which funds 
are made available in this Act. 
(b) TERMS.—Each member of the Board shall serve 
for a term to be determined by the President. 
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SEC. 1223. FUNCTIONS OF THE BOARD. 
(a) OVERSIGHT.—The Board shall coordinate and 
conduct oversight of spending under this Act to prevent 
waste, fraud, and abuse. In addition to responsibilities set 
forth in this subtitle, the responsibilities of the Board shall 
include the following: 
(1) Ensuring that the reporting of information 
regarding contract and grants under this Act meets 
applicable standards and specifies the purpose of the 
contract or grant and measures of performance. 
(2) Verifying that competition requirements ap-
plicable to contracts and grants under this Act and 
other applicable Federal law have been satisfied. 
(3) Investigating spending under this Act to de-
termine whether wasteful spending, poor contract or 
grant management, or other abuses are occurring. 
(4) Reviewing whether there are sufficient 
qualified acquisition and grant personnel overseeing 
spending under this Act. 
(5) Reviewing whether acquisition and grant 
personnel receive adequate training and whether 
there are appropriate mechanisms for interagency 
collaboration. 
(b) REPORTS.— 
(1) FLASH AND OTHER REPORTS.—The Board 
shall submit to Congress reports, to be known as 
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‘‘flash reports’’, on potential management and fund-
ing problems that require immediate attention. The 
Board also shall submit to Congress such other re-
ports as the Board considers appropriate on the use 
and benefits of funds made available in this Act. 
(2) QUARTERLY.—The Board shall submit to 
the President and Congress quarterly reports sum-
marizing its findings and the findings of agency in-
spectors general and may issue additional reports as 
appropriate. 
(3) ANNUALLY.—On an annual basis, the 
Board shall prepare a consolidated report on the use 
of funds under this Act. All reports shall be publicly 
available and shall be posted on the Internet website 
Recovery.gov, except that portions of reports may be 
redacted if the portions would disclose information 
that is protected from public disclosure under sec-
tion 552 of title 5, United States Code (popularly 
known as the Freedom of Information Act). 
(c) RECOMMENDATIONS TO AGENCIES.—The Board 
shall make recommendations to Federal agencies on meas-
ures to prevent waste, fraud, and abuse. A Federal agency 
shall, within 30 days after receipt of any such rec-
ommendation, submit to the Board, the President, and the 
congressional committees of jurisdiction a report on 
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whether the agency agrees or disagrees with the rec-
ommendations and what steps, if any, the agency plans 
to take to implement the recommendations. 
SEC. 1224. POWERS OF THE BOARD. 
(a) COORDINATION OF AUDITS AND INVESTIGATIONS 
BY AGENCY INSPECTORS GENERAL.—The Board shall co-
ordinate the audits and investigations of spending under 
this Act by agency inspectors general. 
(b) CONDUCT OF REVIEWS BY BOARD.—The Board 
may conduct reviews of spending under this Act and may 
collaborate on such reviews with any inspector general. 
(c) MEETINGS.—The Board may, for the purpose of 
carrying out its duties under this Act, hold public meet-
ings, sit and act at times and places, and receive informa-
tion as the Board considers appropriate. The Board shall 
meet at least once a month. 
(d) OBTAINING OFFICIAL DATA.—The Board may 
secure directly from any department or agency of the 
United States information necessary to enable it to carry 
out its duties under this Act. Upon request of the Chair-
man of the Board, the head of that department or agency 
shall furnish that information to the Board. 
(e) CONTRACTS.—The Board may enter into con-
tracts to enable the Board to discharge its duties under 
this Act. 
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SEC. 1225. STAFFING. 
(a) EXECUTIVE DIRECTOR.—The Chairman of the 
Board may appoint and fix the compensation of an execu-
tive director and other personnel as may be required to 
carry out the functions of the Board. The Director shall 
be paid at the rate of basic pay for level IV of the Execu-
tive Schedule. 
(b) STAFF OF FEDERAL AGENCIES.—Upon request 
of the Board, the head of any Federal department or agen-
cy may detail any Federal official or employee, including 
officials and employees of offices of inspector general, to 
the Board without reimbursement from the Board, and 
such detailed staff shall retain the rights, status, and 
privileges of his or her regular employment without inter-
ruption. 
(c) OFFICE SPACE.—Office space shall be provided 
to the Board within the Executive Office of the President. 
SEC. 1226. RECOVERY.GOV. 
(a) REQUIREMENT TO ESTABLISH WEBSITE.—The 
Board shall establish and maintain a website on the Inter-
net to be named Recovery.gov, to foster greater account-
ability and transparency in the use of funds made avail-
able in this Act. 
(b) PURPOSE.—Recovery.gov shall be a portal or 
gateway to key information related to this Act and provide 
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a window to other Government websites with related infor-
mation. 
(c) MATTERS COVERED.—In establishing the website 
Recovery.gov, the Board shall ensure the following: 
(1) The website shall provide materials explain-
ing what this Act means for citizens. The materials 
shall be easy to understand and regularly updated. 
(2) The website shall provide accountability in-
formation, including a database of findings from au-
dits, inspectors general, and the Government Ac-
countability Office. 
(3) The website shall provide data on relevant 
economic, financial, grant, and contract information 
in user-friendly visual presentations to enhance pub-
lic awareness of the use funds made available in this 
Act. 
(4) The website shall provide detailed data on 
contracts awarded by the Government for purposes 
of carrying out this Act, including information about 
the competitiveness of the contracting process, noti-
fication of solicitations for contracts to be awarded, 
and information about the process that was used for 
the award of contracts. 
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(5) The website shall include printable reports 
on funds made available in this Act obligated by 
month to each State and congressional district. 
(6) The website shall provide a means for the 
public to give feedback on the performance of con-
tracts awarded for purposes of carrying out this Act. 
(7) The website shall be enhanced and updated 
as necessary to carry out the purposes of this sub-
title. 
SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF IN-
SPECTORS GENERAL. 
Inspectors general shall retain independent authority 
to determine whether to conduct an audit or investigation 
of spending under this Act. If the Board requests that 
an inspector general conduct or refrain from conducting 
an audit or investigation and the inspector general rejects 
the request in whole or in part, the inspector general shall, 
within 30 days after receipt of the request, submit to the 
Board, the agency head, and the congressional committees 
of jurisdiction a report explaining why the inspector gen-
eral has rejected the request in whole or in part. 
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SEC. 1228. COORDINATION WITH THE COMPTROLLER GEN-
ERAL AND STATE AUDITORS. 
The Board shall coordinate its oversight activities 
with the Comptroller General of the United States and 
State auditor generals. 
SEC. 1229. INDEPENDENT ADVISORY PANEL. 
(a) ESTABLISHMENT.—There is established a panel 
to be known as the ‘‘Independent Advisory Panel’’ to ad-
vise the Board. 
(b) MEMBERSHIP.—The Panel shall be composed of 
five members appointed by the President from among indi-
viduals with expertise in economics, public finance, con-
tracting, accounting, or other relevant fields. 
(c) FUNCTIONS.—The Panel shall make rec-
ommendations to the Board on actions the Board could 
take to prevent waste, fraud, and abuse in Federal spend-
ing under this Act. 
(d) TRAVEL EXPENSES.—Each member of the Panel 
shall receive travel expenses, including per diem in lieu 
of subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United States 
Code. 
SEC. 1230. FUNDING. 
There 
is 
hereby 
appropriated 
to 
the 
Board 
$14,000,000 to carry out this subtitle. 
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SEC. 1231. BOARD TERMINATION. 
The Board shall terminate 12 months after 90 per-
cent of the funds made available under this Act have been 
expended, as determined by the Director of the Office of 
Management and Budget. 
PART 3—ADDITIONAL ACCOUNTABILITY AND 
TRANSPARENCY PROVISIONS 
SEC. 1241. LIMITATION ON THE LENGTH OF CERTAIN NON-
COMPETITIVE CONTRACTS. 
No contract entered into using funds made available 
in this Act pursuant to the authority provided in section 
303(c)(2) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253(c)(2)) that is for an 
amount greater than the simplified acquisition threshold 
(as defined in section 4(11) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. (4)(11))— 
(1) may exceed the time necessary— 
(A) to meet the unusual and compelling re-
quirements of the work to be performed under 
the contract; and 
(B) for the executive agency to enter into 
another contract for the required goods or serv-
ices through the use of competitive procedures; 
and 
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(2) may exceed one year unless the head of the 
executive agency entering into such contract deter-
mines that exceptional circumstances apply. 
SEC. 1242. ACCESS OF GOVERNMENT ACCOUNTABILITY OF-
FICE AND OFFICES OF INSPECTOR GENERAL 
TO CERTAIN EMPLOYEES. 
(a) ACCESS.—Each contract awarded using funds 
made available in this Act shall provide that the Comp-
troller General and his representatives, and any represent-
atives of an appropriate inspector general appointed under 
section 3 or 8G of the Inspector General Act of 1978 (5 
U.S.C. App.), are authorized— 
(1) to examine any records of the contractor or 
any of its subcontractors, or any State or local agen-
cy administering such contract, that directly pertain 
to, and involve transactions relating to, the contract 
or subcontract; and 
(2) to interview any current employee regarding 
such transactions. 
(b) RELATIONSHIP
TO
EXISTING
AUTHORITY.— 
Nothing in this section shall be interpreted to limit or re-
strict in any way any existing authority of the Comptroller 
General or an Inspector General. 
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SEC. 1243. PROTECTING STATE AND LOCAL GOVERNMENT 
AND CONTRACTOR WHISTLEBLOWERS. 
(a) PROHIBITION OF REPRISALS.—An employee of 
any non-Federal employer receiving funds made available 
in this Act may not be discharged, demoted, or otherwise 
discriminated against as a reprisal for disclosing to the 
Board, an inspector general, the Comptroller General, a 
member of Congress, or a Federal agency head, or their 
representatives, information that the employee reasonably 
believes is evidence of— 
(1) gross mismanagement of an executive agen-
cy contract or grant; 
(2) a gross waste of executive agency funds; 
(3) a substantial and specific danger to public 
health or safety; or 
(4) a violation of law related to an executive 
agency contract (including the competition for or ne-
gotiation of a contract) or grant awarded or issued 
to carry out this Act. 
(b) INVESTIGATION OF COMPLAINTS.— 
(1) A person who believes that the person has 
been subjected to a reprisal prohibited by subsection 
(a) may submit a complaint to the inspector general 
of the executive agency that awarded the contract or 
issued the grant. Unless the inspector general deter-
mines that the complaint is frivolous, the inspector 
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general shall investigate the complaint and, upon 
completion of such investigation, submit a report of 
the findings of the investigation to the person, the 
person’s employer, the head of the Federal agency 
that awarded the contract or issued the grant, and 
the Board. 
(2)(A) Except as provided under subparagraph 
(B), the inspector general shall make a determina-
tion that a complaint is frivolous or submit a report 
under paragraph (1) within 180 days after receiving 
the complaint. 
(B) If the inspector general is unable to com-
plete an investigation in time to submit a report 
within the 180-day period specified in subparagraph 
(A) and the person submitting the complaint agrees 
to an extension of time, the inspector general shall 
submit a report under paragraph (1) within such ad-
ditional period of time as shall be agreed upon be-
tween the inspector general and the person submit-
ting the complaint. 
(c) REMEDY AND ENFORCEMENT AUTHORITY.— 
(1) Not later than 30 days after receiving an 
inspector general report pursuant to subsection (b), 
the head of the agency concerned shall determine 
whether there is sufficient basis to conclude that the 
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non-Federal employer has subjected the complainant 
to a reprisal prohibited by subsection (a) and shall 
either issue an order denying relief or shall take one 
or more of the following actions: 
(A) Order the employer to take affirmative 
action to abate the reprisal. 
(B) Order the employer to reinstate the 
person to the position that the person held be-
fore the reprisal, together with the compensa-
tion (including back pay), employment benefits, 
and other terms and conditions of employment 
that would apply to the person in that position 
if the reprisal had not been taken. 
(C) Order the employer to pay the com-
plainant an amount equal to the aggregate 
amount of all costs and expenses (including at-
torneys’ fees and expert witnesses’ fees) that 
were reasonably incurred by the complainant 
for, or in connection with, bringing the com-
plaint regarding the reprisal, as determined by 
the head of the agency. 
(2) If the head of an executive agency issues an 
order denying relief under paragraph (1) or has not 
issued an order within 210 days after the submission 
of a complaint under subsection (b), or in the case 
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of an extension of time under paragraph (b)(2)(B), 
not later than 30 days after the expiration of the ex-
tension of time, and there is no showing that such 
delay is due to the bad faith of the complainant, the 
complainant shall be deemed to have exhausted all 
administrative remedies with respect to the com-
plaint, and the complainant may bring a de novo ac-
tion at law or equity against the employer to seek 
compensatory damages and other relief available 
under this section in the appropriate district court 
of the United States, which shall have jurisdiction 
over such an action without regard to the amount in 
controversy. Such an action shall, at the request of 
either party to the action, be tried by the court with 
a jury. 
(3) An inspector general determination and an 
agency head order denying relief under paragraph 
(2) shall be admissible in evidence in any de novo 
action at law or equity brought pursuant to this sub-
section. 
(4) Whenever a person fails to comply with an 
order issued under paragraph (1), the head of the 
agency shall file an action for enforcement of such 
order in the United States district court for a dis-
trict in which the reprisal was found to have oc-
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curred. In any action brought under this paragraph, 
the court may grant appropriate relief, including in-
junctive relief and compensatory and exemplary 
damages. 
(5) Any person adversely affected or aggrieved 
by an order issued under paragraph (1) may obtain 
review of the order’s conformance with this sub-
section, and any regulations issued to carry out this 
section, in the United States court of appeals for a 
circuit in which the reprisal is alleged in the order 
to have occurred. No petition seeking such review 
may be filed more than 60 days after issuance of the 
order by the head of the agency. Review shall con-
form to chapter 7 of title 5. 
(d) CONSTRUCTION.—Nothing in this section may be 
construed to authorize the discharge of, demotion of, or 
discrimination against an employee for a disclosure other 
than a disclosure protected by subsection (a) or to modify 
or derogate from a right or remedy otherwise available to 
the employee. 
(e) DEFINITIONS.— 
(1) 
NON-FEDERAL
EMPLOYER
RECEIVING 
FUNDS UNDER THIS ACT.—The term ‘‘non-Federal 
employer receiving funds made available in this Act’’ 
means— 
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(A) with respect to a Federal contract 
awarded or Federal grant issued to carry out 
this Act, the contractor or grantee, as the case 
may be, if the contractor or grantee is an em-
ployer; or 
(B) a State or local government, if the 
State or local government has received funds 
made available in this Act. 
(2) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given that term in section 
4 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403). 
(3) STATE OR LOCAL GOVERNMENT.—The term 
‘‘State or local government’’ means— 
(A) the government of each of the several 
States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, 
the Virgin Islands, the Northern Mariana Is-
lands, or any other territory or possession of 
the United States; or 
(B) the government of any political sub-
division of a government listed in subparagraph 
(A). 
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TITLE II—AGRICULTURE, NUTRI-
TION, AND RURAL DEVELOP-
MENT 
DEPARTMENT OF AGRICULTURE 
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL 
PAYMENTS 
For an additional amount for ‘‘Agriculture Buildings 
and Facilities and Rental Payments’’, $44,000,000, for 
necessary construction, repair, and improvement activities: 
Provided, That section 1106 of this Act shall not apply 
to this appropriation. 
AGRICULTURAL RESEARCH SERVICE 
BUILDINGS AND FACILITIES 
For an additional amount for ‘‘Buildings and Facili-
ties’’, $209,000,000, for work on deferred maintenance at 
Agricultural Research Service facilities: Provided, That 
priority in the use of such funds shall be given to critical 
deferred maintenance, to projects that can be completed, 
and to activities that can commence promptly following 
enactment of this Act. 
FARM SERVICE AGENCY 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses,’’ $245,000,000, for the purpose of maintaining 
and modernizing the information technology system: Pro-
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vided, That section 1106 of this Act shall not apply to 
this appropriation. 
NATURAL RESOURCES CONSERVATION SERVICE 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For an additional amount for ‘‘Watershed and Flood 
Prevention 
Operations’’, 
$350,000,000, 
of 
which 
$175,000,000 is for necessary expenses to purchase and 
restore floodplain easements as authorized by section 403 
of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) 
(except that no more than $50,000,000 of the amount pro-
vided for the purchase of floodplain easements may be ob-
ligated for projects in any one State): Provided, That sec-
tion 1106 of this Act shall not apply to this appropriation: 
Provided further, That priority in the use of such funds 
shall be given to projects that can be fully funded and 
completed with the funds appropriated in this Act, and 
to activities that can commence promptly following enact-
ment of this Act. 
WATERSHED REHABILITATION PROGRAM 
For an additional amount for ‘‘Watershed Rehabilita-
tion Program’’, $50,000,000, for necessary expenses to 
carry out rehabilitation of structural measures: Provided, 
That section 1106 of this Act shall not apply to this ap-
propriation: Provided further, That priority in the use of 
such funds shall be given to projects that can be fully 
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funded and completed with the funds appropriated in this 
Act, and to activities that can commence promptly fol-
lowing enactment of this Act. 
RURAL DEVELOPMENT PROGRAMS 
RURAL COMMUNITY ADVANCEMENT PROGRAM 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for gross obligations for 
the principal amount of direct and guaranteed loans as 
authorized by sections 306 and 310B and described in sec-
tions 381E(d)(1), 381E(d)(2), and 381E(d)(3) of the 
Consolidated Farm and Rural Development Act, to be 
available from the rural community advancement pro-
gram, 
as 
follows: 
$5,838,000,000, 
of 
which 
$1,102,000,000 is for rural community facilities direct 
loans, of which $2,000,000,000 is for business and indus-
try guaranteed loans, and of which $2,736,000,000 is for 
rural water and waste disposal direct loans. 
For an additional amount for the cost of direct loans, 
loan guarantees, and grants, including the cost of modi-
fying loans, as defined in section 502 of the Congressional 
Budget Act of 1974, as follows: $1,800,000,000, of which 
$63,000,000 is for rural community facilities direct loans, 
of which $137,000,000 is for rural community facilities 
grants authorized under section 306(a) of the Consoli-
dated Farm and Rural Development Act, of which 
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$87,000,000 is for business and industry guaranteed 
loans, of which $13,000,000 is for rural business enter-
prise grants authorized under section 310B of the Consoli-
dated Farm and Rural Development Act, of which 
$400,000,000 is for rural water and waste disposal direct 
loans, and of which $1,100,000,000 is for rural water and 
waste disposal grants authorized under section 306(a): 
Provided, That the amounts appropriated under this head-
ing shall be transferred to, and merged with, the appro-
priation for ‘‘Rural Housing Service, Rural Community 
Facilities Program Account’’, the appropriation for 
‘‘Rural Business-Cooperative Service, Rural Business Pro-
gram Account’’, and the appropriation for ‘‘Rural Utilities 
Service, Rural Water and Waste Disposal Program Ac-
count’’: Provided further, That priority for awarding such 
funds shall be given to project applications that dem-
onstrate that, if the application is approved, all project 
elements will be fully funded: Provided further, That pri-
ority for awarding such funds shall be given to project ap-
plications for activities that can be completed if the re-
quested funds are provided: Provided further, That priority 
for awarding such funds shall be given to activities that 
can commence promptly following enactment of this Act. 
In addition to other available funds, the Secretary of 
Agriculture may use not more than 3 percent of the funds 
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made available under this account for administrative costs 
to carry out loans, loan guarantees, and grants funded 
under this account, which shall be transferred and merged 
with the appropriation for ‘‘Rural Development, Salaries 
and Expenses’’ and shall remain available until September 
30, 2012: Provided, That the authority provided in this 
paragraph shall apply to appropriations under this head-
ing in lieu of the provisions of section 1106 of this Act. 
Funds appropriated by this Act to the Rural Commu-
nity Advancement Program for rural community facilities, 
rural business, and rural water and waste disposal direct 
loans, loan guarantees and grants may be transferred 
among these programs: Provided, That the Committees on 
Appropriations of the House of Representatives and the 
Senate shall be notified at least 15 days in advance of 
any transfer. 
RURAL HOUSING SERVICE 
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount of gross obligations for the 
principal amount of direct and guaranteed loans as au-
thorized by title V of the Housing Act of 1949, to be avail-
able from funds in the rural housing insurance fund, as 
follows: $22,129,000,000 for loans to section 502 bor-
rowers, of which $4,018,000,000 shall be for direct loans, 
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and of which $18,111,000,000 shall be for unsubsidized 
guaranteed loans. 
For an additional amount for the cost of direct and 
guaranteed loans, including the cost of modifying loans, 
as defined in section 502 of the Congressional Budget Act 
of 1974, as follows: section 502 loans, $500,000,000, of 
which $270,000,000 shall be for direct loans, and of which 
$230,000,000 shall be for unsubsidized guaranteed loans. 
In addition to other available funds, the Secretary of 
Agriculture may use not more than 3 percent of the funds 
made available under this account for administrative costs 
to carry out loans and loan guarantees funded under this 
account, of which $1,750,000 will be committed to agency 
projects associated with maintaining the compliance, safe-
ty, and soundness of the portfolio of loans guaranteed 
through the section 502 guaranteed loan program: Pro-
vided, These funds shall be transferred and merged with 
the appropriation for ‘‘Rural Development, Salaries and 
Expenses’’: Provided further, That the authority provided 
in this paragraph shall apply to appropriations under this 
heading in lieu of the provisions of section 1106 of this 
Act. 
Funds appropriated by this Act to the Rural Housing 
Insurance Fund Program account for section 502 direct 
loans and unsubsidized guaranteed loans may be trans-
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ferred between these programs: Provided, That the Com-
mittees on Appropriations of the House of Representatives 
and the Senate shall be notified at least 15 days in ad-
vance of any transfer. 
RURAL UTILITIES SERVICE 
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND 
PROGRAM 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for the cost of broadband 
loans and loan guarantees, as authorized by the Rural 
Electrification Act of 1936 (7 U.S.C. 901 et seq.) and for 
grants, $2,825,000,000: Provided, That the cost of direct 
and guaranteed loans shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided fur-
ther, That, notwithstanding title VI of the Rural Elec-
trification Act of 1936, this amount is available for grants, 
loans and loan guarantees for open access broadband in-
frastructure in any area of the United States: Provided 
further, That at least 75 percent of the area to be served 
by a project receiving funds from such grants, loans or 
loan guarantees shall be in a rural area without sufficient 
access to high speed broadband service to facilitate rural 
economic development, as determined by the Secretary of 
Agriculture: Provided further, That priority for awarding 
funds made available under this paragraph shall be given 
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to projects that provide service to the most rural residents 
that do not have access to broadband service: Provided fur-
ther, That priority shall be given for project applications 
from borrowers or former borrowers under title II of the 
Rural Electrification Act of 1936 and for project applica-
tions that include such borrowers or former borrowers: 
Provided further, That notwithstanding section 1103 of 
this Act, 50 percent of the grants, loans, and loan guaran-
tees made available under this heading shall be awarded 
not later than September 30, 2009: Provided further, That 
priority for awarding such funds shall be given to project 
applications that demonstrate that, if the application is 
approved, all project elements will be fully funded: Pro-
vided further, That priority for awarding such funds shall 
be given to project applications for activities that can be 
completed if the requested funds are provided: Provided 
further, That priority for awarding such funds shall be 
given to activities that can commence promptly following 
enactment of this Act: Provided further, That no area of 
a project funded with amounts made available under this 
paragraph may receive funding to provide broadband serv-
ice under the Broadband Deployment Grant Program: 
Provided further, That the Secretary shall submit a report 
on planned spending and actual obligations describing the 
use of these funds not later than 90 days after the date 
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of enactment of this Act, and quarterly thereafter until 
all funds are obligated, to the Committees on Appropria-
tions of the House of Representatives and the Senate. 
In addition to other available funds, the Secretary 
may use not more than 3 percent of the funds made avail-
able under this account for administrative costs to carry 
out loans, loan guarantees, and grants funded under this 
account, which shall be transferred and merged with the 
appropriation for ‘‘Rural Development, Salaries and Ex-
penses’’ and shall remain available until September 30, 
2012: Provided, That the authority provided in this para-
graph shall apply to appropriations under this heading in 
lieu of the provisions of section 1106 of this Act. 
FOOD AND NUTRITION SERVICE 
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 
WOMEN, INFANTS, AND CHILDREN (WIC) 
For an additional amount for the special supple-
mental nutrition program as authorized by section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
$100,000,000, for the purposes specified in section 
17(h)(10)(B)(ii) for the Secretary of Agriculture to pro-
vide assistance to State agencies to implement new man-
agement information systems or improve existing manage-
ment information systems for the program. 
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EMERGENCY FOOD ASSISTANCE PROGRAM 
For an additional amount for the emergency food as-
sistance program as authorized by section 27(a) of the 
Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and 
section 204(a)(1) of the Emergency Food Assistance Act 
of 1983 (7 U.S.C. 7508(a)(1)), $150,000,000, of which 
$100,000,000 is for the purchase of commodities and of 
which $50,000,000 is for costs associated with the dis-
tribution of commodities 
GENERAL PROVISIONS, THIS TITLE 
SEC. 2001. TEMPORARY INCREASE IN BENEFITS UNDER 
THE 
SUPPLEMENTAL 
NUTRITION 
ASSIST-
ANCE PROGRAM. 
(a) MAXIMUM BENEFIT INCREASE.— 
(1) IN GENERAL.—Beginning the first month 
that begins not less than 25 days after the date of 
enactment of this Act, the value of benefits deter-
mined under section 8(a) of the Food and Nutrition 
Act of 2008 and consolidated block grants for Puer-
to Rico and American Samoa determined under sec-
tion 19(a) of such Act shall be calculated using 
113.6 percent of the June 2008 value of the thrifty 
food plan as specified under section 3(o) of such 
Act. 
(2) TERMINATION.— 
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(A) The authority provided by this sub-
section shall terminate after September 30, 
2009. 
(B) Notwithstanding subparagraph (A), 
the Secretary of Agriculture may not reduce the 
value of the maximum allotment below the level 
in effect for fiscal year 2009 as a result of 
paragraph (1). 
(b) REQUIREMENTS FOR THE SECRETARY.—In car-
rying out this section, the Secretary shall— 
(1) consider the benefit increases described in 
subsection (a) to be a ‘‘mass change’’; 
(2) require a simple process for States to notify 
households of the increase in benefits; 
(3) consider section 16(c)(3)(A) of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) 
to apply to any errors in the implementation of this 
section, without regard to the 120-day limit de-
scribed in that section; and 
(4) have the authority to take such measures as 
necessary to ensure the efficient administration of 
the benefits provided in this section. 
(c) ADMINISTRATIVE EXPENSES.— 
(1) IN GENERAL.—For the costs of State ad-
ministrative expenses associated with carrying out 
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this section, the Secretary shall make available 
$150,000,000 in each of fiscal years 2009 and 2010, 
to remain available through September 30, 2012, of 
which $4,500,000 is for necessary expenses of the 
Food and Nutrition Service for management and 
oversight of the program and for monitoring the in-
tegrity and evaluating the effects of the payments 
made under this section. 
(2) AVAILABILITY OF FUNDS.—Funds described 
in paragraph (1) shall be made available as grants 
to State agencies based on each State’s share of 
households that participate in the Supplemental Nu-
trition Assistance Program as reported to the De-
partment of Agriculture for the 12-month period 
ending with June, 2008. 
(d) TREATMENT OF JOBLESS WORKERS.—Beginning 
with the first month that begins not less than 25 days 
after the date of enactment of this Act, and for each sub-
sequent month through September 30, 2010, jobless 
adults who comply with work registration and employment 
and training requirements under section 6, section 20, or 
section 26 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2015, 2029, or 2035) shall not be disqualified from 
the Supplemental Nutrition Assistance Program because 
of the provisions of section 6(o)(2) of such Act (7 U.S.C. 
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2015(o)(2)). Beginning on October 1, 2010, for the pur-
poses of section 6(o), a State agency shall disregard any 
period during which an individual received Supplemental 
Nutrition Assistance Program benefits prior to October 1, 
2010. 
(e) FUNDING.—There is appropriated to the Sec-
retary of Agriculture such sums as are necessary to carry 
out this section, to remain available until expended. Sec-
tion 1106 of this Act shall not apply to this appropriation. 
SEC. 2002. AFTERSCHOOL FEEDING PROGRAM FOR AT-RISK 
CHILDREN. 
Section 17(r) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766 (r)) is amended by 
striking paragraph (5). 
TITLE III—COMMERCE, JUSTICE, 
AND SCIENCE 
Subtitle A—Commerce 
DEPARTMENT OF COMMERCE 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Economic Develop-
ment Assistance Programs’’, $250,000,000: Provided, 
That the amount set aside from this appropriation pursu-
ant to section 1106 of this Act shall not exceed 2 percent 
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instead of the percentage specified in such section: Pro-
vided further, That the amount set aside pursuant to the 
previous proviso shall be transferred to and merged with 
the appropriation for ‘‘Salaries and Expenses’’ for pur-
poses of program administration and oversight: Provided 
further, That up to $50,000,000 may be transferred to 
federally authorized regional economic development com-
missions. 
BUREAU OF THE CENSUS 
PERIODIC CENSUSES AND PROGRAMS 
For an additional amount for ‘‘Periodic Censuses and 
Programs’’, $1,000,000,000: Provided, That section 1106 
of this Act shall not apply to funds provided under this 
heading. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $350,000,000, to remain available until Sep-
tember 30, 2011: Provided, That funds shall be available 
to establish the State Broadband Data and Development 
Grant Program, as authorized by Public Law 110–385, 
for the development and implementation of statewide ini-
tiatives to identify and track the availability and adoption 
of broadband services within each State, and to develop 
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and maintain a nationwide broadband inventory map, as 
authorized by section 3101 of this Act. 
WIRELESS AND BROADBAND DEPLOYMENT GRANT 
PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses related to the Wireless and 
Broadband Deployment Grant Programs established by 
section 3102 of this Act, $2,825,000,000, of which 
$1,000,000,000 shall be for Wireless Deployment Grants 
and $1,825,000,000 shall be for Broadband Deployment 
Grants: Provided, That the National Telecommunications 
and Information Administration shall submit a report on 
planned spending and actual obligations describing the use 
of these funds not later than 120 days after the date of 
enactment of this Act, and an update report not later than 
60 days following the initial report, to the Committees on 
Appropriations of the House of Representatives and the 
Senate, the Committee on Energy and Commerce of the 
House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate: Pro-
vided further, That notwithstanding section 1103 of this 
Act, 50 percent of the grants made available under this 
heading shall be awarded not later than September 30, 
2009: Provided further, That up to 20 percent of the funds 
provided under this heading for Wireless Deployment 
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Grants and Broadband Deployment Grants may be trans-
ferred between these programs: Provided further, That the 
Committees on Appropriations of the House of Represent-
atives and the Senate shall be notified at least 15 days 
in advance of any transfer. 
DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM 
Notwithstanding any other provision of law, and in 
addition to amounts otherwise provided in any other Act, 
for costs associated with the Digital-to-Analog Converter 
Box Program, $650,000,000, to be available until Sep-
tember 30, 2009: Provided, That these funds shall be 
available for coupons and related activities, including but 
not limited to education, consumer support and outreach, 
as deemed appropriate and necessary to ensure a timely 
conversion of analog to digital television. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For an additional amount for ‘‘Scientific and Tech-
nical Research and Services’’, $100,000,000. 
INDUSTRIAL TECHNOLOGY SERVICES 
For an additional amount for ‘‘Industrial Technology 
Services’’, $100,000,000, of which $70,000,000 shall be 
available for the necessary expenses of the Technology In-
novation Program and $30,000,000 shall be available for 
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104 
tion within 15 days after the date of enactment of enact-
ment of this section. In promulgating these regulations, 
the Administrator the notice requirements of section 
553(b) of title 5 of the United States Code shall not apply. 
SEC. 6203. ESTABLISHMENT OF SBA SECONDARY MARKET 
GUARANTEE AUTHORITY. 
(a) PURPOSE.—The purpose of this section is to pro-
vide the Administrator with the authority to establish the 
SBA Secondary Market Guarantee Authority within the 
SBA to provide a Federal guarantee for pools of first lien 
504 loans that are to be sold to third-party investors. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Small Business Administration. 
(2) The term ‘‘first lien position 504 loan’’ 
means the first mortgage position, non-federally 
guaranteed loans made by private sector lenders 
made under title V of the Small Business Invest-
ment Act. 
(c) ESTABLISHMENT OF AUTHORITY.— 
(1) ORGANIZATION.— 
(A) The Administrator shall establish a 
Secondary Market Guarantee Authority within 
the Small Business Administration. 
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105 
(B) The Administrator shall appoint a Di-
rector of the Authority who shall report to the 
Administrator. 
(C) The Administrator is authorized to 
hire such personnel as are necessary to operate 
the Authority and may contract such operations 
of the Authority as necessary to qualified third- 
party companies or individuals. 
(D) The Administrator is authorized to 
contract with private sector fiduciary and custo-
dial agents as necessary to operate the Author-
ity. 
(2) GUARANTEE PROCESS.— 
(A) The Administrator shall establish, by 
rule, a process in which private sector entities 
may apply to the Administration for a Federal 
guarantee on pools of first lien position 504 
loans that are to be sold to third-party inves-
tors. 
(B) The Administrator shall appoint a Di-
rector of the Authority who shall report to the 
Administrator. 
(C) The Administrator is authorized to 
hire such personnel as are necessary to operate 
the Authority and may contract such operations 
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