policy paper

Geer Long

Bus 102

Section 121

07/08/2016

Policy Paper Proposal: The American Recovery and Reinvestment Act of 2009

Rationale: The American Recovery and Reinvestment Act of 2009, also known as the Recovery Act, was signed into law by President Obama on February 17, 2009. This law was enacted in response to an economic recession and was designed to create jobs and stimulate growth in the economy. It provided tax incentives, direct government grants and spending, and welfare provisions such as an expansion of unemployment benefits, among other policies. The law also was intended to improve infrastructure and help in the development of new technologies.

Stakeholders: The stakeholders involved in this legislation included almost all citizens and businesses in the United States, directly or indirectly. For example, many businesses gained tax breaks or benefited from government spending. The unemployed benefited from receiving more benefits. Indirectly, many citizens may also have received employment opportunities or continued employment because of the programs funded by this law. Taxpayers were also stakeholders because they paid for the cost of the stimulus.

Effectiveness of Law: The efficacy of the stimulus has been debated, and it is also subject to speculation because it is difficult to know how the economy would have done without it. However, most economists seem to conclude that overall this law had a positive effect on the economy and reduced the effect of the recession. The main debate seems to be about whether the effect was very strong or long-lasting. Overall, it appears that the law did achieve its objectives in helping to reduce the impact of the recession and also in helping to build and repair necessary infrastructure as well as promote the development of new technologies, and so the law can be considered a modest success.

PUBLIC LAW 111–5—FEB. 17, 2009 123 STAT. 115

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 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 OF PURPOSES. —The purposes of this Act include

the following:

American

123 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) 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

1 USC 1 note.

PUBLIC LAW 111–5—FEB. 17, 2009 123 STAT. 117

oversight and audit of programs, grants, and activities funded by

this Act and administered by the Department of Agriculture.

AGRICULTURAL RESEARCH SERVICE

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.

FARM SERVICE AGENCY

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.

NATURAL RESOURCES CONSERVATION SERVICE

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 authorized

by section 403 of the Agricultural Credit Act of 1978 (16

U.S.C. 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.

WATERSHED REHABILITATION PROGRAM

For an additional amount for ‘‘Watershed Rehabilitation Program’’,

$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.

RURAL HOUSING SERVICE

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

123 STAT. 118 PUBLIC LAW 111–5—FEB. 17, 2009

for section 502 direct loans; and $133,000,000 for section 502 unsubsidized

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.

RURAL BUSINESS—COOPERATIVE SERVICE

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 U.S.C.

1932), $150,000,000.

RURAL UTILITIES SERVICE

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 programs

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.

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 U.S.C. 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 Congressional

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 infrastructure

in any area of the United States: Provided further, That

at least 75 percent of the area to be served by a project receiving

funds from such grants, loans or loan guarantees shall be in a

rural area without sufficient access to high speed broadband service

to facilitate rural economic development, as determined by the

Secretary of Agriculture: Provided further, That priority for

awarding 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 Electrification

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.

Loans.

PUBLIC LAW 111–5—FEB. 17, 2009 123 STAT. 11

such funds shall be given to project applications for activities that

can be completed if the requested funds are provided: Provided

further, That priority for awarding such funds shall be given to

activities that can commence promptly following approval: Provided

further, That no area of a project funded with amounts made

available under this paragraph may receive funding to provide

broadband service under the Broadband Technology Opportunities

Program: Provided further, That the Secretary shall submit a report

on planned spending and actual obligations describing the use

of these funds not later than 90 days after the date of enactment

of this Act, and quarterly thereafter until all funds are obligated,

to the Committees on Appropriations of the House of Representatives

and the Senate.

FOOD AND NUTRITION SERVICE CHILD NUTRITION

PROGRAMS

For an additional amount for the Richard B. Russell National

School Lunch Act (42 U.S.C. 1751 et. seq.), except section 21,

and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et. seq.),

except sections 17 and 21, $100,000,000, to carry out a grant program

for National School Lunch Program equipment assistance:

Provided, That such funds shall be provided to States administering

a school lunch program in a manner proportional with each States’

administrative expense allocation: Provided further, That the States

shall provide competitive grants to school food authorities based

upon the need for equipment assistance in participating schools

with priority given to school in which not less than 50 percent

of the students are eligible for free or reduced price meals under

the Richard B. Russell National School Lunch Act.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

For an additional amount for the special supplemental nutrition

program as authorized by section 17 of the Child Nutrition Act

of 1966 (42 U.S.C. 1786), $500,000,000, of which $400,000,000 shall

be placed in reserve to be allocated as the Secretary deems necessary,

notwithstanding section 17(i) of such Act, to support participation

should cost or participation exceed budget estimates, and

of which $100,000,000 shall be for the purposes specified in section

17(h)(10)(B)(ii): Provided, That up to one percent of the funding

provided for the purposes specified in section 17(h)(10)(B)(ii) may

be reserved by the Secretary for Federal administrative activities

in support of those purposes.

COMMODITY ASSISTANCE PROGRAM

For an additional amount for the emergency food assistance

program as authorized by section 27(a) of the Food and Nutrition

Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency

Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)),

$150,000,000: Provided, That of the funds made available, the Secretary

may use up to $50,000,000 for costs associated with the

distribution of commodities, of which up to $25,000,000 shall be

made available in fiscal year 2009.