II 
111TH CONGRESS 
1ST SESSION 
H. R. 1 
IN THE SENATE OF THE UNITED STATES 
JANUARY 29, 2009 
Received 
AN ACT 
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) To provide investments needed to increase 
economic efficiency by spurring technological ad-
vances in science and health. 
(4) To invest in transportation, environmental 
protection, and other infrastructure that will provide 
long-term economic benefits. 
(5) To stabilize State and local government 
budgets, in order to minimize and avoid reductions 
in essential services and counterproductive state and 
local tax increases. 
(b) GENERAL PRINCIPLES CONCERNING USE
OF 
FUNDS.—The President and the heads of Federal depart-
ments and agencies shall manage and expend the funds 
made available in this Act so as to achieve the purposes 
specified in subsection (a), including commencing expendi-
tures and activities as quickly as possible consistent with 
prudent management. 
SEC. 4. REFERENCES. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that divi-
sion. 
SEC. 5. EMERGENCY DESIGNATIONS. 
(a) IN GENERAL.—Each amount in this Act is des-
ignated as an emergency requirement and necessary to 
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meet emergency needs pursuant to section 204(a) of S. 
Con. Res. 21 (110th Congress) and section 301(b)(2) of 
S. Con. Res. 70 (110th Congress), the concurrent resolu-
tions on the budget for fiscal years 2008 and 2009. 
(b) PAY-AS-YOU-GO.—All applicable provisions in 
this Act are designated as an emergency for purposes of 
pay-as-you-go principles. 
DIVISION A—APPROPRIATION 
PROVISIONS 
SEC. 1001. STATEMENT OF APPROPRIATIONS. 
The following sums in this Act are appropriated, out 
of any money in the Treasury not otherwise appropriated, 
for the fiscal year ending September 30, 2009, and for 
other purposes. 
TITLE I—GENERAL PROVISIONS 
Subtitle A—Use of Funds 
SEC. 1101. 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). 
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SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES. 
In using funds made available in this Act for infra-
structure investment, recipients shall give preference to 
activities that can be started and completed expeditiously, 
including a goal of using at least 50 percent of the funds 
for activities that can be initiated not later than 120 days 
after the date of the enactment of this Act. Recipients 
shall also use grant funds in a manner that maximizes 
job creation and economic benefit. 
SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS. 
(a) FORMULA GRANTS.—Formula grants using funds 
made available in this Act shall be awarded not later than 
30 days after the date of the enactment of this Act (or, 
in the case of appropriations not available upon enact-
ment, not later than 30 days after the appropriation be-
comes available for obligation), unless expressly provided 
otherwise in this Act. 
(b) COMPETITIVE
GRANTS.—Competitive grants 
using funds made available in this Act shall be awarded 
not later than 90 days after the date of the enactment 
of this Act (or, in the case of appropriations not available 
upon enactment, not later than 90 days after the appro-
priation becomes available for obligation), unless expressly 
provided otherwise in this Act. 
(c) ADDITIONAL PERIOD FOR NEW PROGRAMS.—The 
time limits specified in subsections (a) and (b) may each 
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be extended by up to 30 days in the case of grants for 
which funding was not provided in fiscal year 2008. 
SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANT-
EES. 
(a) DEADLINE FOR BINDING COMMITMENTS.—Each 
recipient of a grant made using amounts made available 
in this Act in any account listed in subsection (c) shall 
enter into contracts or other binding commitments not 
later than 1 year after the date of the enactment of this 
Act (or not later than 9 months after the grant is award-
ed, if later) to make use of 50 percent of the funds award-
ed, and shall enter into contracts or other binding commit-
ments not later than 2 years after the date of the enact-
ment of this Act (or not later than 21 months after the 
grant is awarded, if later) to make use of the remaining 
funds. In the case of activities to be carried out directly 
by a grant recipient (rather than by contracts, subgrants, 
or other arrangements with third parties), a certification 
by the recipient specifying the amounts, planned timing, 
and purpose of such expenditures shall be deemed a bind-
ing commitment for purposes of this section. 
(b) REDISTRIBUTION OF UNCOMMITTED FUNDS.— 
The head of the Federal department or agency involved 
shall recover or deobligate any grant funds not committed 
in accordance with subsection (a), and redistribute such 
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funds to other recipients eligible under the grant program 
and able to make use of such funds in a timely manner 
(including binding commitments within 120 days after the 
reallocation). 
(c) APPROPRIATIONS TO WHICH THIS SECTION AP-
PLIES.—This section shall apply to grants made using 
amounts appropriated in any of the following accounts 
within this Act: 
(1) ‘‘Environmental Protection Agency—State 
and Tribal Assistance Grants’’. 
(2) ‘‘Department of Transportation—Federal 
Aviation Administration—Grants-in-Aid for Air-
ports’’. 
(3) ‘‘Department of Transportation—Federal 
Railroad Administration—Capital Assistance for 
Intercity Passenger Rail Service’’. 
(4) ‘‘Department of Transportation—Federal 
Transit 
Administration—Capital 
Investment 
Grants’’. 
(5) ‘‘Department of Transportation—Federal 
Transit Administration—Fixed Guideway Infra-
structure Investment’’. 
(6) ‘‘Department of Transportation—Federal 
Transit Administration—Transit Capital Assist-
ance’’. 
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(7) ‘‘Department of Housing and Urban Devel-
opment—Public and Indian Housing—Public Hous-
ing Capital Fund’’. 
(8) ‘‘Department of Housing and Urban Devel-
opment—Public and Indian Housing—Elderly, Dis-
abled, and Section 8 Assisted Housing Energy Ret-
rofit’’. 
(9) ‘‘Department of Housing and Urban Devel-
opment—Public and Indian Housing—Native Amer-
ican Housing Block Grants’’. 
(10) ‘‘Department of Housing and Urban De-
velopment—Community 
Planning 
and 
Develop-
ment—HOME Investment Partnerships Program’’. 
(11) ‘‘Department of Housing and Urban De-
velopment—Community 
Planning 
and 
Develop-
ment—Self-Help and Assisted Homeownership Op-
portunity Program’’. 
SEC. 1105. PERIOD OF AVAILABILITY. 
(a) IN GENERAL.—All funds appropriated in this Act 
shall remain available for obligation until September 30, 
2010, unless expressly provided otherwise in this Act. 
(b) REOBLIGATION.—Amounts that are not needed 
or cannot be used under title X of this Act for the activity 
for which originally obligated may be deobligated and, not-
withstanding the limitation on availability specified in sub-
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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. 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. 1114. 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. 1324a note). 
SEC. 1115. ADDITIONAL FUNDING DISTRIBUTION AND AS-
SURANCE OF APPROPRIATE USE OF FUNDS. 
(a) CERTIFICATION BY GOVERNOR.—Not later than 
45 days after the date of enactment of this Act, for funds 
provided to any State or agency thereof, the Governor of 
the State shall certify that the State will request and use 
funds provided by this Act. 
(b) ACCEPTANCE BY STATE LEGISLATURE.—If funds 
provided to any State in any division of this Act are not 
accepted for use by the Governor, then acceptance by the 
State legislature, by means of the adoption of a concurrent 
resolution, shall be sufficient to provide funding to such 
State. 
(c) DISTRIBUTION.—After the adoption of a State 
legislature’s concurrent resolution, funding to the State 
will be for distribution to local governments, councils of 
government, public entities, and public-private entities 
within the State either by formula or at the State’s discre-
tion. 
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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)— 
(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. 
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(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. 
(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 
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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 
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-
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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. 
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-
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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. 
SEC. 1222. COMPOSITION OF BOARD. 
(a) MEMBERSHIP.—The Board shall be composed of 
seven members as follows: 
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(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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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 
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. 
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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. 
(8) The website shall provide, by location, links 
to and information on how to access job opportuni-
ties created at or by entities receiving funding under 
this Act, including, if possible, links to or informa-
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tion about local employment agencies; state, local 
and other public agencies receiving funding; and pri-
vate firms contracted to perform work funded by 
this Act. 
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. 
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. 
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(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. 
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. 
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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 
(2) may exceed one year unless the head of the 
executive agency entering into such contract deter-
mines that exceptional circumstances apply. 
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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. 
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 
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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 
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 
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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 
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: 
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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-
curred. In any action brought under this paragraph, 
the court may grant appropriate relief, including in-
junctive relief and compensatory and exemplary 
damages. 
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(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— 
(A) with respect to a Federal contract 
awarded or Federal grant issued to carry out 
this Act, the contractor or grantee, as the case 
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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). 
PART 4—FURTHER ACCOUNTABILITY AND 
TRANSPARENCY PROVISIONS 
SEC. 1261. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This part may be cited as the 
‘‘Whistleblower Protection Enhancement Act of 2009’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this part is as follows: 
PART 4—FURTHER ACCOUNTABILITY AND TRANSPARENCY PROVISIONS 
Sec. 1261. Short title; table of contents. 
Sec. 1262. Clarification of disclosures covered. 
Sec. 1263. Definitional amendments. 
Sec. 1264. Rebuttable presumption. 
Sec. 1265. Nondisclosure policies, forms, and agreements. 
Sec. 1266. Exclusion of agencies by the President. 
Sec. 1267. Disciplinary action. 
Sec. 1268. Government Accountability Office study on revocation of security 
clearances. 
Sec. 1269. Alternative recourse. 
Sec. 1270. National security whistleblower rights. 
Sec. 1271. Enhancement of contractor employee whistleblower protections. 
Sec. 1272. Prohibited personnel practices affecting the Transportation Security 
Administration. 
Sec. 1273. Clarification of whistleblower rights relating to scientific and other 
research. 
Sec. 1274. Effective date. 
SEC. 1262. CLARIFICATION OF DISCLOSURES COVERED. 
(a) IN GENERAL.—Section 2302(b)(8) of title 5, 
United States Code, is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and in-
serting ‘‘, without restriction as to time, place, 
form, motive, context, forum, or prior disclosure 
made to any person by an employee or appli-
cant, including a disclosure made in the ordi-
nary course of an employee’s duties, that the 
employee or applicant reasonably believes is evi-
dence of’’; and 
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(B) in clause (i), by striking ‘‘a violation’’ 
and inserting ‘‘any violation’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and in-
serting ‘‘, without restriction as to time, place, 
form, motive, context, forum, or prior disclosure 
made to any person by an employee or appli-
cant, including a disclosure made in the ordi-
nary course of an employee’s duties, of informa-
tion that the employee or applicant reasonably 
believes is evidence of’’; and 
(B) in clause (i), by striking ‘‘a violation’’ 
and inserting ‘‘any violation (other than a viola-
tion of this section)’’. 
(b) PROHIBITED PERSONNEL PRACTICES UNDER 
SECTION 2302(b)(9).—Title 5, United States Code, is 
amended in subsections (a)(3), (b)(4)(A), and (b)(4)(B)(i) 
of section 1214 and in subsections (a) and (e)(1) of sec-
tion 1221 by inserting ‘‘or 2302(b)(9)(B)–(D)’’ after ‘‘sec-
tion 2302(b)(8)’’ each place it appears. 
SEC. 1263. DEFINITIONAL AMENDMENTS. 
(a) DISCLOSURE.—Section 2302(a)(2) of title 5, 
United States Code, is amended— 
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(1) in subparagraph (B)(ii), by striking ‘‘and’’ 
at the end; 
(2) in subparagraph (C)(iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) ‘disclosure’ means a formal or informal 
communication, but does not include a communica-
tion concerning policy decisions that lawfully exer-
cise discretionary authority unless the employee or 
applicant providing the disclosure reasonably believes 
that the disclosure evidences— 
‘‘(i) any violation of any law, rule, or regu-
lation; or 
‘‘(ii) gross mismanagement, a gross waste 
of funds, an abuse of authority, or a substantial 
and specific danger to public health or safety.’’. 
(b) CLEAR AND CONVINCING EVIDENCE.—Sections 
1214(b)(4)(B)(ii) and 1221(e)(2) of title 5, United States 
Code, are amended by adding at the end the following: 
‘‘For purposes of the preceding sentence, ‘clear and con-
vincing evidence’ means evidence indicating that the mat-
ter to be proved is highly probable or reasonably certain.’’. 
SEC. 1264. REBUTTABLE PRESUMPTION. 
Section 2302(b) of title 5, United States Code, is 
amended by adding at the end the following: ‘‘For pur-
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poses of paragraph (8), any presumption relating to the 
performance of a duty by an employee who has authority 
to take, direct others to take, recommend, or approve any 
personnel action may be rebutted by substantial evidence. 
For purposes of paragraph (8), a determination as to 
whether an employee or applicant reasonably believes that 
such employee or applicant has disclosed information that 
evidences any violation of law, rule, regulation, gross mis-
management, a gross waste of funds, an abuse of author-
ity, or a substantial and specific danger to public health 
or safety shall be made by determining whether a disin-
terested observer with knowledge of the essential facts 
known to or readily ascertainable by the employee or appli-
cant could reasonably conclude that the actions of the 
Government evidence such violations, mismanagement, 
waste, abuse, or danger.’’. 
SEC. 1265. NONDISCLOSURE POLICIES, FORMS, AND AGREE-
MENTS. 
(a) PERSONNEL ACTION.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended— 
(1) in clause (x), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (xi) as clause (xii); 
and 
(3) by inserting after clause (x) the following: 
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‘‘(xi) the implementation or enforcement of 
any nondisclosure policy, form, or agreement; 
and’’. 
(b) PROHIBITED PERSONNEL PRACTICE.—Section 
2302(b) of title 5, United States Code, is amended— 
(1) in paragraph (11), by striking ‘‘or’’ at the 
end; 
(2) by redesignating paragraph (12) as para-
graph (14); and 
(3) by inserting after paragraph (11) the fol-
lowing: 
‘‘(12) implement or enforce any nondisclosure 
policy, form, or agreement, if such policy, form, or 
agreement does not contain the following statement: 
‘These provisions are consistent with and do not su-
persede, conflict with, or otherwise alter the em-
ployee obligations, rights, or liabilities created by 
Executive Order No. 12958; section 7211 of title 5, 
United States Code (governing disclosures to Con-
gress); section 1034 of title 10, United States Code 
(governing disclosures to Congress by members of 
the military); section 2302(b)(8) of title 5, United 
States Code (governing disclosures of illegality, 
waste, fraud, abuse, or public health or safety 
threats); the Intelligence Identities Protection Act of 
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1982 (50 U.S.C. 421 and following) (governing dis-
closures that could expose confidential Government 
agents); and the statutes which protect against dis-
closures that could compromise national security, in-
cluding sections 641, 793, 794, 798, and 952 of title 
18, United States Code, and section 4(b) of the Sub-
versive Activities Control Act of 1950 (50 U.S.C. 
783(b)). The definitions, requirements, obligations, 
rights, sanctions, and liabilities created by such Ex-
ecutive order and such statutory provisions are in-
corporated into this agreement and are controlling.’; 
‘‘(13) conduct, or cause to be conducted, an in-
vestigation, other than any ministerial or nondis-
cretionary factfinding activities necessary for the 
agency to perform its mission, of an employee or ap-
plicant for employment because of any activity pro-
tected under this section; or’’. 
SEC. 1266. EXCLUSION OF AGENCIES BY THE PRESIDENT. 
Section 2302(a)(2)(C) of title 5, United States Code, 
is amended by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii)(I) the Federal Bureau of Investiga-
tion, the Central Intelligence Agency, the De-
fense 
Intelligence 
Agency, 
the 
National 
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Geospatial-Intelligence Agency, or the National 
Security Agency; or 
‘‘(II) as determined by the President, any 
Executive agency or unit thereof the principal 
function of which is the conduct of foreign in-
telligence or counterintelligence activities, if the 
determination (as that determination relates to 
a personnel action) is made before that per-
sonnel action; or’’. 
SEC. 1267. DISCIPLINARY ACTION. 
Section 1215(a)(3) of title 5, United States Code, is 
amended to read as follows: 
‘‘(3)(A) A final order of the Board may impose— 
‘‘(i) disciplinary action consisting of removal, 
reduction in grade, debarment from Federal employ-
ment for a period not to exceed 5 years, suspension, 
or reprimand; 
‘‘(ii) an assessment of a civil penalty not to ex-
ceed $1,000; or 
‘‘(iii) any combination of disciplinary actions 
described under clause (i) and an assessment de-
scribed under clause (ii). 
‘‘(B) In any case in which the Board finds that an 
employee has committed a prohibited personnel practice 
under paragraph (8) or (9) of section 2302(b), the Board 
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shall impose disciplinary action if the Board finds that the 
activity protected under such paragraph (8) or (9) (as the 
case may be) was the primary motivating factor, unless 
that employee demonstrates, by a preponderance of the 
evidence, that the employee would have taken, failed to 
take, or threatened to take or fail to take the same per-
sonnel action, in the absence of such protected activity.’’. 
SEC. 1268. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 
ON REVOCATION OF SECURITY CLEARANCES. 
(a) REQUIREMENT.—The Comptroller General shall 
conduct a study of security clearance revocations, taking 
effect after 1996, with respect to personnel that filed 
claims under chapter 12 of title 5, United States Code, 
in connection therewith. The study shall consist of an ex-
amination of the number of such clearances revoked, the 
number restored, and the relationship, if any, between the 
resolution of claims filed under such chapter and the res-
toration of such clearances. 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committee on Oversight and Government 
Reform of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report on the results of the study required 
by subsection (a). 
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SEC. 1269. ALTERNATIVE RECOURSE. 
(a) IN GENERAL.—Section 1221 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(k)(1) If, in the case of an employee, former em-
ployee, or applicant for employment who seeks corrective 
action (or on behalf of whom corrective action is sought) 
from the Merit Systems Protection Board based on an al-
leged prohibited personnel practice described in section 
2302(b)(8) or 2302(b)(9)(B)–(D), no final order or deci-
sion is issued by the Board within 180 days after the date 
on which a request for such corrective action has been duly 
submitted (or, in the event that a final order or decision 
is issued by the Board, whether within that 180-day period 
or thereafter, then, within 90 days after such final order 
or decision is issued, and so long as such employee, former 
employee, or applicant has not filed a petition for judicial 
review of such order or decision under subsection (h))— 
‘‘(A) such employee, former employee, or appli-
cant may, after providing written notice to the 
Board, bring an action at law or equity for de novo 
review in the appropriate United States district 
court, which shall have jurisdiction over such action 
without regard to the amount in controversy, and 
which action shall, at the request of either party to 
such action, be tried by the court with a jury; and 
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‘‘(B) in any such action, the court— 
‘‘(i) shall apply the standards set forth in 
subsection (e); and 
‘‘(ii) may award any relief which the court 
considers appropriate, including any relief de-
scribed in subsection (g). 
An appeal from a final decision of a district court in an 
action under this paragraph may, at the election of the 
appellant, be taken to the Court of Appeals for the Federal 
Circuit (which shall have jurisdiction of such appeal), in 
lieu of the United States court of appeals for the circuit 
embracing the district in which the action was brought. 
‘‘(2) For purposes of this subsection, the term ‘appro-
priate United States district court’, as used with respect 
to an alleged prohibited personnel practice, means the 
United States district court for the district in which the 
prohibited personnel practice is alleged to have been com-
mitted, the judicial district in which the employment 
records relevant to such practice are maintained and ad-
ministered, or the judicial district in which resides the em-
ployee, former employee, or applicant for employment al-
legedly affected by such practice. 
‘‘(3) This subsection applies with respect to any ap-
peal, petition, or other request for corrective action duly 
submitted to the Board, whether pursuant to section 
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1214(b)(2), the preceding provisions of this section, sec-
tion 7513(d), or any otherwise applicable provisions of 
law, rule, or regulation.’’. 
(b) REVIEW OF MSPB DECISIONS.—Section 7703(b) 
of such title 5 is amended— 
(1) in the first sentence of paragraph (1), by 
striking ‘‘the United States Court of Appeals for the 
Federal Circuit’’ and inserting ‘‘the appropriate 
United States court of appeals’’; and 
(2) by adding at the end the following: 
‘‘(3) For purposes of the first sentence of paragraph 
(1), the term ‘appropriate United States court of appeals’ 
means the United States Court of Appeals for the Federal 
Circuit, except that in the case of a prohibited personnel 
practice 
described 
in 
section 
2302(b)(8) 
or 
2302(b)(9)(B)–(D) (other than a case that, disregarding 
this paragraph, would otherwise be subject to paragraph 
(2)), such term means the United States Court of Appeals 
for the Federal Circuit and any United States court of 
appeals having jurisdiction over appeals from any United 
States district court which, under section 1221(k)(2), 
would be an appropriate United States district court for 
purposes of such prohibited personnel practice.’’. 
(c) 
COMPENSATORY
DAMAGES.—Section 
1221(g)(1)(A)(ii) of such title 5 is amended by striking 
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all after ‘‘travel expenses,’’ and inserting ‘‘any other rea-
sonable and foreseeable consequential damages, and com-
pensatory damages (including attorney’s fees, interest, 
reasonable expert witness fees, and costs).’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 1221(h) of such title 5 is amended 
by adding at the end the following: 
‘‘(3) Judicial review under this subsection shall not 
be available with respect to any decision or order as to 
which the employee, former employee, or applicant has 
filed a petition for judicial review under subsection (k).’’. 
(2) Section 7703(c) of such title 5 is amended 
by striking ‘‘court.’’ and inserting ‘‘court, and in the 
case of a prohibited personnel practice described in 
section 2302(b)(8) or 2302(b)(9)(B)–(D) brought 
under any provision of law, rule, or regulation de-
scribed in section 1221(k)(3), the employee or appli-
cant shall have the right to de novo review in accord-
ance with section 1221(k).’’. 
SEC. 1270. NATIONAL SECURITY WHISTLEBLOWER RIGHTS. 
(a) IN GENERAL.—Chapter 23 of title 5, United 
States Code, is amended by inserting after section 2303 
the following: 
‘‘§ 2303a. National security whistleblower rights 
‘‘(a) PROHIBITION OF REPRISALS.— 
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employee or former employee, setting forth the date 
on which the classified information at issue will be 
declassified, and providing all relevant information 
about the underlying substantive matter. 
‘‘(d) APPLICABILITY TO NON-COVERED AGENCIES.— 
An employee or former employee in an Executive agency 
(or element or unit thereof) that is not a covered agency 
shall, for purposes of any disclosure of covered information 
(as described in subsection (a)(2)) which consists in whole 
or in part of classified or sensitive information, be entitled 
to the same protections, rights, and remedies under this 
section as if that Executive agency (or element or unit 
thereof) were a covered agency. 
‘‘(e) CONSTRUCTION.—Nothing in this section may 
be construed— 
‘‘(1) to authorize the discharge of, demotion of, 
or discrimination against an employee or former em-
ployee for a disclosure other than a disclosure pro-
tected by subsection (a) or (d) of this section or to 
modify or derogate from a right or remedy otherwise 
available to an employee or former employee; or 
‘‘(2) to preempt, modify, limit, or derogate any 
rights or remedies available to an employee or 
former employee under any other provision of law, 
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(3) PARTICIPATION OF LENDERS.— 
(A) The Administrator shall by rule estab-
lish a process in which the Administrator makes 
available loan applications and all accom-
panying information to lenders for the purpose 
of such lenders originating, underwriting, clos-
ing, and servicing such loans. 
(B) Lenders are eligible to receive loan ap-
plications and accompanying information under 
this paragraph if they participate in the pro-
grams established in section 7(a) of the Small 
Business Act (15 U.S.C. 636) or title V of the 
Small Business Investment Act (15 U.S.C. 
695). 
(C) The Administrator shall first make 
available such loan applications and accom-
panying information to lenders within 100 miles 
of a loan applicant’s principal office. 
(D) If a lender described in subparagraph 
(C) does not agree to originate, underwrite, 
close, and service such loans within 5 business 
days of receiving the loan applications, the Ad-
ministrator shall subsequently make available 
such loan applications and accompanying infor-
mation to lenders in the Preferred Lenders Pro-
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