Public Law 111–5 111th Congress An Act

1 123 STAT. 115 Public LAW 111 5 FEB. 17, 2009 Public Law 111 5 111th Congress 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 September 30, 2009, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, section 1. SHORT TITLE. This Act may be cited as the American Recovery and Reinvest-ment Act of 2009 . SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: DIVISION A APPROPRIATIONS PROVISIONS TITLE I AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMIN-ISTRATION, AND RELATED AGENCIES TITLE II COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES TITLE III DEPARTMENT OF DEFENSE TITLE IV ENERGY AND WATER DEVELOPMENT TITLE V FINANCIAL SERVICES AND GENERAL GOVERNMENT TITLE VI DEPARTMENT OF HOMELAND SECURITY TITLE VII INTERIOR, ENVIRONMENT, AND RELATED AGENCIES TITLE VIII DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES TITLE IX LEGISLATIVE BRANCH TITLE X MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RE-LATED AGENCIES TITLE XI STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS TITLE XII TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES TITLE XIII HEALTH INFORMATION TECHNOLOGY TITLE XIV STATE FISCAL STABILIZATION FUND TITLE XV ACCOUNTABILITY AND TRANSPARENCY TITLE XVI GENERAL PROVISIONS THIS ACT DIVISION B TAX, UNEMPLOYMENT, HEALTH.

2 STATE FISCAL RELIEF, AND OTHER PROVISIONS TITLE I TAX PROVISIONS TITLE II ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES TITLE III PREMIUM ASSISTANCE FOR COBRA BENEFITS TITLE IV MEDICARE AND MEDICAID HEALTH INFORMATION TECH-NOLOGY; MISCELLANEOUS MEDICARE PROVISIONS TITLE V STATE FISCAL RELIEF TITLE VI BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM TITLE VII LIMITS ON EXECUTIVE COMPENSATION SEC. 3. PURPOSES AND PRINCIPLES. (a) STATEMENT OFPURPOSES. The purposes of this Act include the following: 26 USC 1 note. 26 USC 1 note. American Recovery and Reinvestment Act of 2009. Feb. 17, 2009 [ 1] VerDate Nov 24 2008 14:55 Feb 26, 2009 Jkt 079139 PO 00000 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\ GPO1 PsN: PUBL005ebenthall on POQ96 SHH1 with PUBLAW123 STAT. 116 Public LAW 111 5 FEB. 17, 2009 (1) To preserve and create jobs and promote economic recovery. (2) To assist those most impacted by the recession.

3 (3) To provide investments needed to increase economic efficiency by spurring technological advances 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) GENERALPRINCIPLESCONCERNINGUSE OFFUNDS. The President and the heads of Federal departments and agencies shall manage and expend the funds made available in this Act so as to achieve the purposes specified in subsection (a), including com-mencing expenditures and activities as quickly as possible con-sistent 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 division.

4 SEC. 5. EMERGENCY DESIGNATIONS. (a) INGENERAL. Each amount in this Act is designated as an emergency requirement and necessary to 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 resolutions 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 APPROPRIATIONS PROVISIONS That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes, namely: TITLE I AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES DEPARTMENT OF AGRICULTURE AGRICULTUREBUILDINGS ANDFACILITIES ANDRENTALPAYMENTS For an additional amount for Agriculture Buildings and Facili-ties and Rental Payments , $24,000,000, for necessary construction, repair, and improvement activities.

5 OFFICE OF INSPECTOR GENERAL For an additional amount for Office of Inspector General , $22,500,000, to remain available until September 30, 2013, for 1 USC 1 note. VerDate Nov 24 2008 14:55 Feb 26, 2009 Jkt 079139 PO 00000 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\ GPO1 PsN: PUBL005ebenthall on POQ96 SHH1 with PUBLAW123 STAT. 117 Public LAW 111 5 FEB. 17, 2009 oversight and audit of programs, grants, and activities funded by this Act and administered by the Department of Agriculture. AGRICULTURALRESEARCHSERVICE BUILDINGS AND FACILITIES For an additional amount for Buildings and Facilities , $176,000,000, 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.

6 FARMSERVICEAGENCY SALARIES AND EXPENSES For an additional amount for Farm Service Agency, Salaries and Expenses, $50,000,000, for the purpose of maintaining and modernizing the information technology system. NATURALRESOURCESCONSERVATIONSERVICE WATERSHED AND FLOOD PREVENTION OPERATIONS For an additional amount for Watershed and Flood Prevention Operations , $290,000,000, of which $145,000,000 is for necessary expenses to purchase and restore floodplain easements as author-ized by section 403 of the Agricultural Credit Act of 1978 (16 2203) (except that no more than $30,000,000 of the amount provided for the purchase of floodplain easements may be obligated for projects in any one State): Provided, That such funds shall be allocated to projects that can be fully funded and completed with the funds appropriated in this Act, and to activities that can commence promptly following enactment of this Act.

7 WATERSHED REHABILITATION PROGRAM For an additional amount for Watershed Rehabilitation Pro-gram , $50,000,000: Provided, That such funds shall be allocated to projects that can be fully funded and completed with the funds appropriated in this Act, and to activities that can commence promptly following enactment of this Act. RURALHOUSINGSERVICE RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT For an additional amount for gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,000,000,000 for section 502 direct loans; and $10,472,000,000 for section 502 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: $67,000,000 VerDate Nov 24 2008 14:55 Feb 26, 2009 Jkt 079139 PO 00000 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\ GPO1 PsN: PUBL005ebenthall on POQ96 SHH1 with PUBLAW123 STAT.

8 118 Public LAW 111 5 FEB. 17, 2009 for section 502 direct loans; and $133,000,000 for section 502 unsub-sidized guaranteed loans. RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT For an additional amount for the cost of direct loans and grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $130,000,000. RURALBUSINESS COOPERATIVESERVICE RURAL BUSINESS PROGRAM ACCOUNT For an additional amount for the cost of guaranteed loans and grants as authorized by sections 310B(a)(2)(A) and 310B(c) of the Consolidated Farm and Rural Development Act (7 1932), $150,000,000. RURALUTILITIESSERVICE RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT For an additional amount for the cost of direct loans and grants for the rural water, waste water, and waste disposal pro-grams authorized by sections 306 and 310B and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, $1,380,000,000.

9 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM For an additional amount for the cost of broadband loans and loan guarantees, as authorized by the Rural Electrification Act of 1936 (7 901 et seq.) and for grants (including for technical assistance), $2,500,000,000: Provided, That the cost of direct and guaranteed loans shall be as defined in section 502 of the Congres-sional Budget Act of 1974: Provided further, That, notwithstanding title VI of the Rural Electrification Act of 1936, this amount is available for grants, loans and loan guarantees for broadband infra-structure 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.

10 Provided further, That priority for awarding such funds shall be given to project applications for broadband systems that will deliver end users a choice of more than one service provider: Provided further, That priority for awarding funds made available under this paragraph shall be given to projects that provide service to the highest proportion of rural residents that do not have access to broadband service: Provided further, That priority shall be given for project applications from borrowers or former borrowers under title II of the Rural Electrifica-tion Act of 1936 and for project applications that include such borrowers or former borrowers: 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: Provided further, That priority for awarding Grants.