The “American Recovery and Reinvestment Act of 2009,” provides at Section 111(b)(3)(D)(iii):
`SEC. 111. EXECUTIVE COMPENSATION AND CORPORATE GOVERNANCE.
[. . .]
`(iii) The prohibition required under clause (i) shall not be construed to prohibit any bonus payment required to be paid pursuant to a written employment contract executed on or before February 11, 2009, as such valid employment contracts are determined by the Secretary or the designee of the Secretary.