Public Law 111-5 Section 601

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One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine

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 Reinvestment 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 ADMINISTRATION, 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 RELATED 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, 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 TECHNOLOGY; 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
the following:

OF

PURPOSES.—The purposes of this Act include

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(1) To preserve and create jobs and promote economic
recovery.
(2) To assist those most impacted by the recession.
(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) GENERAL PRINCIPLES CONCERNING USE OF FUNDS.—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 commencing expenditures 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 division.
SEC. 5. EMERGENCY DESIGNATIONS.

(a) IN GENERAL.—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
AGRICULTURE BUILDINGS

AND

FACILITIES

AND

RENTAL PAYMENTS

For an additional amount for ‘‘Agriculture Buildings and Facilities and Rental Payments’’, $24,000,000, for necessary construction,
repair, and improvement activities.
OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’,
$22,500,000, to remain available until September 30, 2013, for

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FEDERAL EMERGENCY MANAGEMENT AGENCY
STATE AND LOCAL PROGRAMS

For an additional amount for grants, $300,000,000, to be allocated as follows:
(1) $150,000,000 for Public Transportation Security Assistance and Railroad Security Assistance under sections 1406
and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 1135
and 1163).
(2) $150,000,000 for Port Security Grants in accordance
with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c).
FIREFIGHTER ASSISTANCE GRANTS

For an additional amount for competitive grants, $210,000,000
for modifying, upgrading, or constructing non-Federal fire stations:
Provided, That up to 5 percent shall be for program administration:
Provided further, That no grant shall exceed $15,000,000.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

Notwithstanding section 417(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the amount of any
such loan issued pursuant to this section for major disasters occurring in calendar year 2008 may exceed $5,000,000, and may be
equal to not more than 50 percent of the annual operating budget
of the local government in any case in which that local government
has suffered a loss of 25 percent or more in tax revenues: Provided,
That the cost of modifying such loans shall be as defined in section
502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
EMERGENCY FOOD AND SHELTER

For an additional amount to carry out the emergency food
and shelter program pursuant to title III of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11331 et seq.), $100,000,000:
Provided, That total administrative costs shall not exceed 3.5 percent of the total amount made available under this heading.
GENERAL PROVISIONS—THIS TITLE
SEC. 601. Notwithstanding any other provision of law, the
President shall establish an arbitration panel under the Federal
Emergency Management Agency public assistance program to expedite the recovery efforts from Hurricanes Katrina and Rita within
the Gulf Coast Region. The arbitration panel shall have sufficient
authority regarding the award or denial of disputed public assistance applications for covered hurricane damage under section 403,
406, or 407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b, 5172, or 5173) for a project the
total amount of which is more than $500,000.
SEC. 602. The Administrator of the Federal Emergency Management Agency may not prohibit or restrict the use of funds designated
under the hazard mitigation grant program for damage caused
by Hurricanes Katrina and Rita if the homeowner who is an
applicant for assistance under such program commenced work

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otherwise eligible for hazard mitigation grant program assistance
under section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) without approval in
writing from the Administrator.
SEC. 603. Subparagraph (E) of section 34(a)(1) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(a)(1)(E))
shall not apply with respect to funds appropriated in this or any
other Act making appropriations for fiscal year 2009 or 2010 for
grants under such section 34.
SEC. 604. (a) REQUIREMENT.—Except as provided in subsections
(c) through (g), funds appropriated or otherwise available to the
Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not
grown, reprocessed, reused, or produced in the United States.
(b) COVERED ITEMS.—An item referred to in subsection (a)
is any of the following, if the item is directly related to the national
security interests of the United States:
(1) An article or item of—
(A) clothing and the materials and components thereof,
other than sensors, electronics, or other items added to,
and not normally associated with, clothing (and the materials and components thereof);
(B) tents, tarpaulins, covers, textile belts, bags, protective equipment (including but not limited to body armor),
sleep systems, load carrying equipment (including but not
limited to fieldpacks), textile marine equipment, parachutes, or bandages;
(C) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric (including
all textile fibers and yarns that are for use in such fabrics),
canvas products, or wool (whether in the form of fiber
or yarn or contained in fabrics, materials, or manufactured
articles); or
(D) any item of individual equipment manufactured
from or containing such fibers, yarns, fabrics, or materials.
(c) AVAILABILITY EXCEPTION.—Subsection (a) does not apply
to the extent that the Secretary of Homeland Security determines
that satisfactory quality and sufficient quantity of any such article
or item described in subsection (b)(1) grown, reprocessed, reused,
or produced in the United States cannot be procured as and when
needed at United States market prices. This section is not applicable
to covered items that are, or include, materials determined to
be non-available in accordance with Federal Acquisition Regulation
25.104 Nonavailable Articles.
(d) DE MINIMIS EXCEPTION.—Notwithstanding subsection (a),
the Secretary of Homeland Security may accept delivery of an
item covered by subsection (b) that contains non-compliant fibers
if the total value of non-compliant fibers contained in the end
item does not exceed 10 percent of the total purchase price of
the end item.
(e) EXCEPTION FOR CERTAIN PROCUREMENTS OUTSIDE THE
UNITED STATES.—Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements.
(f) EXCEPTION FOR SMALL PURCHASES.—Subsection (a) does not
apply to purchases for amounts not greater than the simplified

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acquisition threshold referred to in section 2304(g) of title 10, United
States Code.
(g) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR
PROCUREMENT OF COMMERCIAL ITEMS.—This section is applicable
to contracts and subcontracts for the procurement of commercial
items not withstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430), with the exception of commercial
items listed under subsections (b)(1)(C) and (b)(1)(D) above. For
the purposes of this section, ‘‘commercial’’ shall be as defined in
the Federal Acquisition Regulation—Part 2.
(h) GEOGRAPHIC COVERAGE.—In this section, the term ‘‘United
States’’ includes the possessions of the United States.
(i) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER CONTRACT
AWARD IF CERTAIN EXCEPTIONS APPLIED.—In the case of any contract for the procurement of an item described in subsection (b)(1),
if the Secretary of Homeland Security applies an exception set
forth in subsection (c) with respect to that contract, the Secretary
shall, not later than 7 days after the award of the contract, post
a notification that the exception has been applied on the Internet
site maintained by the General Services Administration known
as FedBizOps.gov (or any successor site).
(j) TRAINING DURING FISCAL YEAR 2009.—
(1) IN GENERAL.—The Secretary of Homeland Security shall
ensure that each member of the acquisition workforce in the
Department of Homeland Security who participates personally
and substantially in the acquisition of textiles on a regular
basis receives training during fiscal year 2009 on the requirements of this section and the regulations implementing this
section.
(2) INCLUSION OF INFORMATION IN NEW TRAINING PROGRAMS.—The Secretary shall ensure that any training program
for the acquisition workforce developed or implemented after
the date of the enactment of this Act includes comprehensive
information on the requirements described in paragraph (1).
(k) CONSISTENCY WITH INTERNATIONAL AGREEMENTS.— This section shall be applied in a manner consistent
with United States obligations under international agreements.
(l) EFFECTIVE DATE.—This section applies with respect to contracts entered into by the Department of Homeland Security 180
days after the date of the enactment of this Act.
TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES
DEPARTMENT OF THE INTERIOR
BUREAU

OF

LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For an additional amount for ‘‘Management of Lands and
Resources’’, for activities on all Bureau of Land Management lands
including maintenance, rehabilitation, and restoration of facilities,
property, trails and lands and for remediation of abandoned mines
and wells, $125,000,000.