The U.S. Department of Education’s American Recovery and Reinvestment Act of 2009: Using ARRA Funds to Drive School Reform and Improvement (warning: Microsoft Word .doc) mentions Open Educational Resources (emphasis added):

Use technology to improve teaching and learning. Purchase and train teachers to use instructional software, technology-enabled white boards, and other interactive technologies that have been shown to be effective aids for instruction, particularly for English language learners, students with disabilities, and both struggling and advanced learners. Use open education resources or purchase high-quality online courseware in core high school content areas.

This may seem like a very weak mention, but in context is a very important step forward for the legitimacy of the OER movement.