I 
111TH CONGRESS 
1ST SESSION 
H. R. 1 
Making supplemental appropriations for job preservation and creation, infra-
structure investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for the fiscal year 
ending September 30, 2009, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2009 
Mr. OBEY (for himself, Mr. RANGEL, Mr. WAXMAN, Mr. GEORGE MILLER of 
California, Mr. OBERSTAR, Mr. GORDON of Tennessee, Mr. FRANK of 
Massachusetts, Ms. VELA´ZQUEZ, Mr. SPRATT, and Mr. TOWNS) intro-
duced the following bill; which was referred to the Committee on Appro-
priations, and in addition to the Committee on the Budget, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
Making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and 
science, assistance to the unemployed, and State and 
local fiscal stabilization, for the fiscal year ending Sep-
tember 30, 2009, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Recovery 
and Reinvestment Act of 2009’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
DIVISION A—APPROPRIATION PROVISIONS 
TITLE I—GENERAL PROVISIONS 
TITLE II—AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENT 
TITLE III—COMMERCE, JUSTICE, AND SCIENCE 
TITLE IV—DEFENSE 
TITLE V—ENERGY AND WATER 
TITLE VI—FINANCIAL SERVICES AND GENERAL GOVERNMENT 
TITLE VII—HOMELAND SECURITY 
TITLE VIII—INTERIOR AND ENVIRONMENT 
TITLE IX—LABOR, HEALTH AND HUMAN SERVICES, AND EDU-
CATION 
TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS 
TITLE XI—DEPARTMENT OF STATE 
TITLE XII—TRANSPORTATION, AND HOUSING AND URBAN DEVEL-
OPMENT 
TITLE XIII—STATE FISCAL STABILIZATION FUND 
DIVISION B—OTHER PROVISIONS 
TITLE I—TAX PROVISIONS 
TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUG-
GLING FAMILIES 
TITLE III—HEALTH INSURANCE ASSISTANCE FOR THE UNEM-
PLOYED 
TITLE IV—HEALTH INFORMATION TECHNOLOGY 
TITLE V—MEDICAID PROVISIONS 
TITLE VI—BROADBAND COMMUNICATIONS 
TITLE VII—ENERGY 
SEC. 3. PURPOSES AND PRINCIPLES. 
(a) STATEMENT OF PURPOSES.—The purposes of 
this Act include the following: 
(1) To preserve and create jobs and promote 
economic recovery. 
(2) To assist those most impacted by the reces-
sion. 
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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. 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 
formula from the State. 
SEC. 1113. PERSISTENT POVERTY COUNTIES. 
(a) ALLOCATION REQUIREMENT.—Of the amount ap-
propriated in this Act for ‘‘Department of Agriculture— 
Rural Development Programs—Rural Community Ad-
vancement Program’’, 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. 
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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 
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. 
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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. 
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. 
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(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 
‘‘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 
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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 
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. 
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(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. 
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 
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(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. 
(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 
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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. 
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. 
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(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. 
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— 
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(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 
(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 
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(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. 
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. 
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476 
‘‘(i) IN
GENERAL.—For purposes of 
this subsection, the term ‘payment year’ 
means a year beginning with 2011. 
‘‘(ii) FIRST, SECOND, ETC. PAYMENT 
YEAR.—The term ‘first payment year’ 
means, with respect to covered professional 
services furnished by an eligible profes-
sional, the first year for which an incentive 
payment is made for such services under 
this subsection. The terms ‘second pay-
ment year’, ‘third payment year’, ‘fourth 
payment year’, and ‘fifth payment year’ 
mean, with respect to covered professional 
services furnished by such eligible profes-
sional, each successive year immediately 
following the first payment year for such 
professional. 
‘‘(2) MEANINGFUL EHR USER.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), an eligible professional shall be 
treated as a meaningful EHR user for a report-
ing period for a payment year (or, for purposes 
of subsection (a)(7), for a reporting period 
under such subsection for a year) if each of the 
following requirements is met: 
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