89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–522 

PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENTS TO THE 

BILL (H.R. 4899) MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF AND SUMMER JOBS FOR THE FISCAL 

YEAR ENDING SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES 

JULY 1, 2010.—Referred to the House Calendar and ordered to be printed 

Mr. MCGOVERN, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1500] 

The Committee on Rules, having had under consideration House 

Resolution 1500, by a non-record vote, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of the Senate 

amendments to H.R. 4899, making emergency supplemental appropriations for disaster relief and summer jobs for the fiscal year ending September 30, 2010, and for other purposes, with the Senate 

amendments thereto. The resolution makes in order a motion by 

the chairman of the Committee on Appropriations to concur in the 

Senate amendment to the text with each of the five House amendments printed in this report. The resolution waives all points of 

order against consideration of the motion except those arising 

under clause 10 of rule XXI and provides that the Senate amendments and the motion shall be considered as read. The resolution 

provides that the motion shall be debatable for one hour and 30 

minutes as follows: 30 minutes equally divided and controlled by 

the chair and ranking minority member of the Committee on Appropriations; then 30 minutes equally divided and controlled by 

Representative Lee of California or her designee and an opponent; 

and then 30 minutes equally divided and controlled by Representative McGovern of Massachusetts or his designee and an opponent. 

The resolution provides that the previous question shall be considered as ordered on the motion to final adoption without intervening 

motion or demand for division of the question except that the question of adoption of the motion shall be divided among the five 

House amendments, with the first portion of the divided question 

considered as adopted. The resolution provides that if the remainVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
2 

ing portions of the divided question fail of adoption, then the House 

shall be considered to have rejected the motion and to have made 

no disposition of the Senate amendment to the text. 

The resolution provides that upon adoption of the motion specified in the first section of the resolution the Clerk shall engross the 

action of the House under that section as a single amendment; and 

a motion that the House concur in the Senate amendment to the 

title shall be considered as adopted. The resolution allows the chair 

of the Committee on Appropriations to insert in the Congressional 

Record not later than July 3, 2010, such material as he may deem 

explanatory of the Senate amendments and the motion specified in 

the first section of this resolution. The resolution provides that 

House Resolution 1493 is hereby adopted. The resolution amends 

the time periods in clause 10 of rule XXI to align with the Statutory Pay-As-You-Go Act of 2010. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the motion (except for clause 10 of rule XXI) includes a waiver of Section 

302(c) of the Congressional Budget Act, prohibiting consideration of 

a committee’s legislation providing new budget authority until that 

committee has filed its 302(b) report. 

COMPLIANCE WITH HOUSE RULE XIII

Statement of oversight findings and recommendations of the Committee 

In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee finds that the time periods analyzed for legislative compliance with the House paygo rule (clause 10 of rule XXI) and the 

Statutory Pay-As-You-Go Act of 2010 (Pub. L. No. 111–139) do not 

align with each other. While both the rule and the statute are designed to ensure that legislative measures do not increase the deficit or reduce the surplus, the differing time periods can lead to different estimates. Conforming the time periods in the House paygo 

rule to the time periods in the statute would simplify the analysis 

of legislative measures for compliance with both provisions. 

Congressional Budget Office cost estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee states, with respect to 

this resolution, that the Director of the Congressional Budget Office did not submit a cost estimate and comparison under section 

402 of the Congressional Budget Act of 1974. 

Statement of general performance goals and objectives 

In accordance with clause 3(c) of rule XIII of the Rules of the 

House of Representatives, the goal of this resolution is to conform 

the time periods analyzed under the House paygo rule (clause 10 

of rule XXI) to the time periods analyzed under the Statutory PayAs-You-Go Act of 2010 (Pub. L. No. 111–139). 


jbell on DSKDVH8Z91PROD with REPORTS
3 

Changes to Rules of the House 

In accordance with clause 3(g) of rule XIII, changes to the Rules 

of the House made by the resolution, as reported, are shown as follows (existing provisions proposed to be omitted are enclosed in 

black brackets, new matter is printed in italic, existing provisions 

in which no change is proposed are shown in roman): 

Clause 10 of rule XIII. ø(a)(1) Except as provided in paragraphs 

(b) and (c), it shall not be in order to consider any bill, joint resolution, amendment, or conference report if the provisions of such 

measure affecting direct spending and revenues have the net effect 

of increasing the deficit or reducing the surplus for either the period comprising— 

ø(A) the current fiscal year, the budget year set forth in the 

most recently completed concurrent resolution on the budget, 

and the four fiscal years following that budget year; or 

ø(B) the current fiscal year, the budget year set forth in the 

most recently completed concurrent resolution on the budget, 

and the nine fiscal years following that budget year. 

ø(2) The effect of such measure on the deficit or surplus shall be 

determined on the basis of estimates made by the Committee on 

the Budget relative to baseline estimates supplied by the Congressional Budget Office consistent with section 257 of the Balanced 

Budget and Emergency Deficit Control Act of 1985¿ (a)(1) Except 

as provided in paragraphs (b) and (c), it shall not be in order to 

consider any bill, joint resolution, amendment, or conference report 

if the provisions of such measure affecting direct spending and revenues have the net effect of increasing the on-budget deficit or reducing the on-budget surplus for the period comprising either— 

(A) the current year, the budget year, and the four years following that budget year; or 

(B) the current year, the budget year, and the nine years following that budget year. 

(2) The effect of such measure on the deficit or surplus shall be 

determined on the basis of estimates made by the Committee on the 

Budget relative to baseline estimates supplied by the Congressional 

Budget Office consistent with section 257 of the Balanced Budget 

and Emergency Deficit Control Act of 1985 and consistent with sections 3(4), 3(8), and 4(c) of the Statutory Pay-As-You-Go Act of 

2010. 

(3) For the purpose of this clause, the terms ‘budget year,’ ‘current 

year,’ and ‘direct spending’ have the meanings specified in section 

250 of the Balanced Budget and Emergency Deficit Control Act of 

1985, except that the term ‘direct spending’ shall also include provisions in appropriation Acts that make outyear modifications to substantive law as described in section 3(4)(C) of the Statutory Pay-AsYou-Go Act of 2010. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 458 

Date: July 01, 2010. 


jbell on DSKDVH8Z91PROD with REPORTS
4 

Measure: Senate amendment to H.R. 4899. 

Motion by: Mr. Dreier. 

Summary of motion: to report a rule which provides for a motion 

to concur in the Senate amendment without further amendment to 

ensure our military has the needed funds to support our men and 

women on the front lines, 

Results: Defeated 2–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Perlmutter—Nay; Pingree—Nay; Polis— 

Nay; Dreier—Yea; Foxx—Yea; Slaughter—Nay. 

SUMMARY OF AMENDMENT NO. 1 TO BE CONSIDERED AS ADOPTED

The amendment pays for settlement of the Cobell v. Salazar and 

Pigford v. Vilsack class action lawsuits. Second, the amendment 

will allow local Workforce Investment Boards to expand youth jobs 

programs that were funded in the American Recovery and Reinvestment Act and support over 350,000 jobs for youth ages 14 to 

24 through youth employment programs. The amendment would 

make two changes to title IV, the ‘‘Surface Transportation Extension Act of 2010,’’ of the Hiring Incentives to Restore Employment 

(HIRE) Act. First, it would distribute the Projects of National and 

Regional Significance (PNRS) and National Corridor Infrastructure 

Improvement (National Corridor) program funding so that each 

State receives a share equal to the greater of either (1) the amount 

of PNRS and National Corridor program funding that the State received under the HIRE Act or (2) the amount of PNRS and National Corridor funding that the State receives under this Act. The 

provision authorizes such sums as may be necessary from the 

Highway Trust Fund to provide these amounts. Second, the amendment would distribute ‘‘additional’’ highway formula funds (which 

the bill makes available in lieu of additional congressionally-designated projects) among all of the highway formula programs rather than among just six formula programs. Third, the amendment 

incorporates the President’s 2011 Budget proposal to require a minimum 10-year term for Grantor-Retained Annuity Trusts. It also 

would require that the value of the remainder interest must be 

greater than zero and that the annuity not decrease during the 

first 10 years of the GRAT term. Finally, in 2008, Congress enacted 

a $1.01 per gallon tax credit for the production of biofuel from cellulosic feedstocks in order to encourage the development of new 

production capacity for biofuels that are not derived from food 

source materials. This provision would limit eligibility for the tax 

credit to fuels that are not highly corrosive. 

SUMMARY OF AMENDMENT NO. 2 TO BE MADE IN ORDER

Obey: The amendment adds $10 billion for an Education Jobs 

Fund, $4.95 billion for Pell Grants, $701 million for border security, $180 million for innovative technology energy loans, $163 million for schools on military installations, $142 million in additional 

Gulf Coast oil spill funding, $50 million in emergency food assistance, and $16.5 million to build a new soldier processing center at 

Fort Hood. In order to hold the total amount to the President’s requested level over a ten-year period, the amendment includes $11.7 

billion in rescissions from programs that no longer require the 

funding, have sufficient funds on hand, or do not need the funding 


jbell on DSKDVH8Z91PROD with REPORTS
5 

this year or next, and $4.7 billion in savings from changes to mandatory programs. In total, the amendment saves the Federal Government $493 million over ten years compared to the President’s 

request. The amendment also provides $538 million for program integrity investments that are proven to produce 11⁄2 times that in 

savings. 

SUMMARY OF AMENDMENT NO. 3 TO BE MADE IN ORDER

The amendment would strike military funding for Afghanistan 

from the bill. 

SUMMARY OF AMENDMENT NO. 4 TO BE MADE IN ORDER

Lee (CA): The amendment would begin to end the war in Afghanistan by preventing an escalation of troops in Afghanistan and by 

limiting funding to the safe withdrawal of troops from Afghanistan. 

SUMMARY OF AMENDMENT NO. 5 TO BE MADE IN ORDER

McGovern-Obey-Jones (NC): The amendment would require the 

president to present Congress with 1) a new National Intelligence 

Estimate on Afghanistan by January 31, 2011 and 2) a plan by 

April 4, 2011 on the safe, orderly and expeditious redeployment of 

U.S. troops from Afghanistan, including a timeframe for the completion of the redeployment. The amendment also requires Congress to vote by July 2011 if it wants to allow the obligation and 

expenditure of funds for Afghanistan in a manner that is not consistent with the president’s announced policy of December 2009 to 

begin to drawdown troops by July 2011. The amendment also requires quarterly reports to Congress on the status of the plan submitted to Congress and strengthens and expands oversight of private contractors in Afghanistan to deal more effectively with corruption, waste, fraud and abuse. Last, the amendment clarifies 

that no part of the amendment shall limit the president’s ability 

to attack al Qaeda, gather and share intelligence with allies in Afghanistan and Pakistan, or modify U.S. military strategy on-theground over the period of redeployment. 

TEXT OF AMENDMENTS

TEXT OF AMENDMENT NO. 1 TO BE CONSIDERED AS ADOPTED

In the matter proposed to be inserted by the Senate amendment 

to the text of the bill, insert before the short title at the end the 

following: 

TITLE V—OTHER PROVISIONS 

Subtitle A—Settlements and Other 

Program Provisions 

SEC. 5001. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF 

CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION 

LITIGATION. 

(a) DEFINITIONS.—In this section: 


jbell on DSKDVH8Z91PROD with REPORTS
6 

(1) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agreement’’ means the settlement agreement dated February 18, 

2010 (including any modifications agreed to by the parties and 

approved by the court under that agreement) between certain 

plaintiffs, by and through their counsel, and the Secretary of 

Agriculture to resolve, fully and forever, the claims raised or 

that could have been raised in the cases consolidated in In re 

Black Farmers Discrimination Litigation, No. 08–511 (D.D.C.), 

including Pigford claims asserted under section 14012 of the 

Food, Conservation, and Energy Act of 2008 (Public Law 110– 

246; 122 Stat. 2209). 

(2) PIGFORD CLAIM.—The term ‘‘Pigford claim’’ has the meaning given that term in section 14012(a)(3) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 

Stat. 2210). 

(b) APPROPRIATION OF FUNDS.—There is hereby appropriated to the Secretary of Agriculture $1,150,000,000, to remain available 

until expended, to carry out the terms of the Settlement Agreement 

if the Settlement Agreement is approved by a court order that is 

or becomes final and nonappealable. The funds appropriated by 

this subsection are in addition to the $100,000,000 of funds of the 

Commodity Credit Corporation made available by section 14012(i) 

of the Food, Conservation, and Energy Act of 2008 (Public Law 

110–246; 122 Stat. 2212) and shall be available for obligation only 

after those Commodity Credit Corporation funds are fully obligated. If the Settlement Agreement is not approved as provided in 

this subsection, the $100,000,000 of funds of the Commodity Credit 

Corporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 shall be the sole funding available for Pigford claims. 

(c) USE OF FUNDS.—The use of the funds appropriated by subsection (b) shall be subject to the express terms of the Settlement 

Agreement. 

(d) TREATMENT OF REMAINING FUNDS.—If any of the funds appropriated by subsection (b) are not obligated and expended to carry 

out the Settlement Agreement, the Secretary of Agriculture shall 

return the unused funds to the Treasury and may not make the 

unused funds available for any purpose related to section 14012 of 

the Food, Conservation, and Energy Act of 2008, for any other settlement agreement executed in In re Black Farmers Discrimination 

Litigation, No. 08–511 (D.D.C.), or for any other purpose. 

(e) RULES OF CONSTRUCTION.—Nothing in this section shall be 

construed as requiring the United States, any of its officers or 

agencies, or any other party to enter into the Settlement Agreement or any other settlement agreement. Nothing in this section 

shall be construed as creating the basis for a Pigford claim. 

(f) CONFORMING AMENDMENTS.—Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 

2209) is amended— 

(1) in subsection (c)(1)— 

(A) by striking ‘‘subsection (h)’’ and inserting ‘‘subsection 

(g)’’; and 

(B) by striking ‘‘subsection (i)’’ and inserting ‘‘subsection 

(h)’’; 

(2) by striking subsection (e); 


jbell on DSKDVH8Z91PROD with REPORTS
7 

(3) in subsection (g), by striking ‘‘subsection (f)’’ and inserting 

‘‘subsection (e)’’; 

(4) in subsection (i)— 

(A) by striking ‘‘(1) IN GENERAL.—Of the funds’’ and inserting ‘‘Of the funds’’; and 

(B) by striking paragraph (2); 

(5) by striking subsection (j); and 

(6) by redesignating subsections (f), (g), (h), (i), and (k) as 

subsections (e), (f), (g), (h), and (i), respectively. 

SEC. 5002. EMPLOYMENT FOR YOUTH. 

There is appropriated, out of any funds in the Treasury not otherwise appropriated, for an additional amount for ‘‘Department of 

Labor—Employment and Training Administration—Training and 

Employment Services’’ for activities under the Workforce Investment Act of 1998 (‘‘WIA’’), $1,000,000,000 shall be available for obligation on the date of enactment of this Act for grants to States 

for youth activities, including employment for youth: Provided, 

That no portion of such funds shall be reserved to carry out section 

127(b)(1)(A) of the WIA: Provided further, That for purposes of section 127(b)(1)(C)(iv) of the WIA, funds available for youth activities 

shall be allotted as if the total amount available for youth activities 

in the fiscal year does not exceed $1,000,000,000: Provided further, 

That with respect to the youth activities provided with such funds, 

section 101(13)(A) of the WIA shall be applied by substituting ‘‘age 

24’’ for ‘‘age 21’’: Provided further, That the work readiness performance indicator described in section 136(b)(2)(A)(ii)(I) of the 

WIA shall be the only measure of performance used to assess the 

effectiveness of employment for youth provided with such funds: 

Provided further, That an amount that is not more than 1 percent 

of such amount may be used for the administration, management, 

and oversight of the programs, activities, and grants carried out 

with such funds, including the evaluation of the use of such funds: 

Provided further, That funds available under the preceding proviso, 

together with funds described in section 801(a) of division A of the 

American Recovery and reinvestment Act of 2009 (Public Law 111– 

5), and funds provided in such Act under the heading ‘‘Department 

of Labor–Departmental Management–Salaries and Expenses’’, shall 

remain available for obligation through September 30, 2011. 

SEC. 5003. THE INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION 

SETTLEMENT ACT OF 2010. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Individual 

Indian Money Account Litigation Settlement Act of 2010’’. 

(b) DEFINITIONS.—In this section: 

(1) AMENDED COMPLAINT.—The term ‘‘Amended Complaint’’ 

means the Amended Complaint attached to the Settlement. 

(2) LAND CONSOLIDATION PROGRAM.—The term ‘‘Land Consolidation Program’’ means a program conducted in accordance 

with the Settlement and the Indian Land Consolidation Act (25 

U.S.C. 2201 et seq.) under which the Secretary may purchase 

fractional interests in trust or restricted land. 

(3) LITIGATION.—The term ‘‘Litigation’’ means the case entitled Elouise Cobell et al. v. Ken Salazar et al., United States 

District Court, District of Columbia, Civil Action No. 96–1285 

(JR). 


jbell on DSKDVH8Z91PROD with REPORTS
8 

(4) PLAINTIFF.—The term ‘‘Plaintiff’’ means a member of any 

class certified in the Litigation. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(6) SETTLEMENT.—The term ‘‘Settlement’’ means the Class 

Action Settlement Agreement dated December 7, 2009, in the 

Litigation, as modified by the parties to the Litigation. 

(7) TRUST ADMINISTRATION CLASS.—The term ‘‘Trust Administration Class’’ means the Trust Administration Class as defined in the Settlement. 

(c) PURPOSE.—The purpose of this section is to authorize the Settlement. 

(d) AUTHORIZATION.—The Settlement is authorized, ratified, and 

confirmed. 

(e) JURISDICTIONAL PROVISIONS.— 

(1) IN GENERAL.—Notwithstanding the limitation of jurisdiction of district courts contained in section 1346(a)(2) of title 28, 

United States Code, the United States District Court for the 

District of Columbia shall have jurisdiction over the claims asserted in the Amended Complaint for purposes of the Settlement. 

(2) CERTIFICATION OF TRUST ADMINISTRATION CLASS.— 

(A) IN GENERAL.—Notwithstanding the requirements of 

the Federal Rules of Civil Procedure, the court overseeing 

the Litigation may certify the Trust Administration Class. 

(B) TREATMENT.—On certification under subparagraph 

(A), the Trust Administration Class shall be treated as a 

class under Federal Rule of Civil Procedure 23(b)(3) for 

purposes of the Settlement. 

(f) TRUST LAND CONSOLIDATION.— 

(1) TRUST LAND CONSOLIDATION FUND.— 

(A) ESTABLISHMENT.—On final approval (as defined in 

the Settlement) of the Settlement, there shall be established in the Treasury of the United States a fund, to be 

known as the ‘‘Trust Land Consolidation Fund’’. 

(B) AVAILABILITY OF AMOUNTS.—Amounts in the Trust 

Land Consolidation Fund shall be made available to the 

Secretary during the 10-year period beginning on the date 

of final approval of the Settlement— 

(i) to conduct the Land Consolidation Program; and 

(ii) for other costs specified in the Settlement. 

(C) DEPOSITS.— 

(i) IN GENERAL.—On final approval (as defined in 

the Settlement) of the Settlement, the Secretary of the 

Treasury shall deposit in the Trust Land Consolidation Fund $2,000,000,000 of the amounts appropriated 

by section 1304 of title 31, United States Code. 

(ii) CONDITIONS MET.—The conditions described in 

section 1304 of title 31, United States Code, shall be 

considered to be met for purposes of clause (i). 

(D) TRANSFERS.—In a manner designed to encourage 

participation in the Land Consolidation Program, the Secretary may transfer, at the discretion of the Secretary, not 

more than $60,000,000 of amounts in the Trust Land ConVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
9 

solidation Fund to the Indian Education Scholarship Holding Fund established under paragraph 2. 

(2) INDIAN EDUCATION SCHOLARSHIP HOLDING FUND.— (A) ESTABLISHMENT.—On the final approval (as defined 

in the Settlement) of the Settlement, there shall be established in the Treasury of the United States a fund, to be 

known as the ‘‘Indian Education Scholarship Holding 

Fund’’. 

(B) AVAILABILITY.—Notwithstanding any other provision 

of law governing competition, public notification, or Federal procurement or assistance, amounts in the Indian 

Education Scholarship Holding Fund shall be made available, without further appropriation, to the Secretary to 

contribute to an Indian Education Scholarship Fund, as 

described in the Settlement, to provide scholarships for 

Native Americans. 

(3) ACQUISITION OF TRUST OR RESTRICTED LAND.—The Secretary may acquire, at the discretion of the Secretary and in 

accordance with the Land Consolidation Program, any fractional interest in trust or restricted land. 

(4) TREATMENT OF UNLOCATABLE PLAINTIFFS.—A Plaintiff the 

whereabouts of whom are unknown and who, after reasonable 

efforts by the Secretary, cannot be located during the 5 year 

period beginning on the date of final approval (as defined in 

the Settlement) of the Settlement shall be considered to have 

accepted an offer made pursuant to the Land Consolidation 

Program. 

(g) TAXATION AND OTHER BENEFITS.— 

(1) INTERNAL REVENUE CODE.—For purposes of the Internal 

Revenue Code of 1986, amounts received by an individual Indian as a lump sum or a periodic payment pursuant to the Settlement— 

(A) shall not be included in gross income; and 

(B) shall not be taken into consideration for purposes of 

applying any provision of the Internal Revenue Code of 

1986 that takes into account excludable income in computing adjusted gross income or modified adjusted gross 

income, including section 86 of that Code (relating to Social Security and tier 1 railroad retirement benefits). 

(2) OTHER BENEFITS.—Notwithstanding any other provision 

of law, for purposes of determining initial eligibility, ongoing 

eligibility, or level of benefits under any Federal or federally 

assisted program, amounts received by an individual Indian as 

a lump sum or a periodic payment pursuant to the Settlement 

shall not be treated for any household member, during the 1- 

year period beginning on the date of receipt— 

(A) as income for the month during which the amounts 

were received; or 

(B) as a resource. 

SEC. 5004. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED 

SURFACE TRANSPORTATION PROGRAMS. 

(a) MODIFICATION OF ALLOCATION RULES.—Section 411(d) of the 

Surface Transportation Extension Act of 2010 (Public Law 111– 

147; 124 Stat. 80) is amended— 

(1) in paragraph (1)— 


jbell on DSKDVH8Z91PROD with REPORTS
10 

(A) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘1301, 1302,’’; and 

(ii) by striking ‘‘1198, 1204,’’; and 

(B) in subparagraph (A)— 

(i) in the matter preceding clause (i) by striking ‘‘apportioned under sections 104(b) and 144 of title 23, 

United States Code,’’ and inserting ‘‘specified in section 105(a)(2) of title 23, United States Code (except 

the high priority projects program),’’; and 

(ii) in clause (ii) by striking ‘‘apportioned under such 

sections of such Code’’ and inserting ‘‘specified in such 

section 105(a)(2) (except the high priority projects program)’’; 

(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘1301, 1302,’’; and 

(ii) by striking ‘‘1198, 1204,’’; and 

(B) in subparagraph (A)— 

(i) in the matter preceding clause (i) by striking ‘‘apportioned under sections 104(b) and 144 of title 23, 

United States Code,’’ and inserting ‘‘specified in section 105(a)(2) of title 23, United States Code (except 

the high priority projects program),’’; and 

(ii) in clause (ii) by striking ‘‘apportioned under such 

sections of such Code’’ and inserting ‘‘specified in such 

section 105(a)(2) (except the high priority projects program)’’; and 

(3) by adding at the end the following: 

‘‘(5) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE AND

NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PRO- GRAMS.— 

‘‘(A) REDISTRIBUTION AMONG STATES.—Notwithstanding 

sections 1301(m) and 1302(e) of SAFETEA–LU (119 Stat. 

1202 and 1205), the Secretary shall apportion funds authorized to be appropriated under subsection (b) for the 

projects of national and regional significance program and 

the national corridor infrastructure improvement program 

among all States such that each State’s share of the funds 

so apportioned is equal to the State’s share for fiscal year 

2009 of funds apportioned or allocated for the programs 

specified in section 105(a)(2) of title 23, United States 

Code. 

‘‘(B) DISTRIBUTION AMONG PROGRAMS.—Funds apportioned to a State pursuant to subparagraph (A) shall be— 

‘‘(i) made available to the State for the programs 

specified in section 105(a)(2) of title 23, United States 

Code (except the high priority projects program), and 

in the same proportion for each such program that— 

‘‘(I) the amount apportioned to the State for that 

program for fiscal year 2009; bears to 

‘‘(II) the amount apportioned to the State for fiscal year 2009 for all such programs; and 

‘‘(ii) administered in the same manner and with the 

same period of availability as funding is administered 

under programs identified in clause (i).’’. 


jbell on DSKDVH8Z91PROD with REPORTS
11 

(b) EXPENDITURE AUTHORITY FROM HIGHWAY TRUST FUND.— Paragraph (1) of section 9503(c) of the Internal Revenue Code of 

1986 is amended by striking ‘‘Surface Transportation Extension Act 

of 2010’’ and inserting ‘‘Supplemental Appropriations Act, 2010’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect upon the date of enactment of the Surface Transportation Extension Act of 2010 (Public Law 111–147; 124 Stat. 78 

et seq.) and shall be treated as being included in that Act at the 

time of the enactment of that Act. 

(d) SAVINGS CLAUSE.— (1) IN GENERAL.—For fiscal year 2010 and for the period beginning on October 1, 2010, and ending on December 31, 2010, 

the amount of funds apportioned to each State under section 

411(d) of the Surface Transportation Extension Act of 2010 

(Public Law 111–147) that is determined by the amount that 

the State received or was authorized to receive for fiscal year 

2009 to carry out the projects of national and regional significance program and national corridor infrastructure improvement program shall be the greater of— 

(A) the amount that the State was authorized to receive 

under section 411(d) of the Surface Transportation Extension Act of 2010 with respect to each such program according to the provisions of that Act, as in effect on the day 

before the date of enactment of this Act; or 

(B) the amount that the State is authorized to receive 

under section 411(d) of the Surface Transportation Extension Act of 2010 with respect to each such program pursuant to the provisions of that Act, as amended by the 

amendments made by this section. 

(2) OBLIGATION AUTHORITY.—For fiscal year 2010, the 

amount of obligation authority distributed to each State shall 

be the greater of— 

(A) the amount that the State was authorized to receive 

pursuant to section 120(a)(4)(A) (as it pertains to the Appalachian Development Highway System program) of title 

I of division A of the Consolidated Appropriations Act, 

2010 (Public Law 111–117) and sections 120(a)(4)(B) and 

120(a)(6) of such title, as of the day before the date of enactment of this Act; or 

(B) the amount that the State is authorized to receive 

pursuant to section 120(a)(4)(A) (as it pertains to the Appalachian Development Highway System program) of title 

I of division A of the Consolidated Appropriations Act, 

2010 (Public Law 111–117) and sections 120(a)(4)(B) and 

120(a)(6) of such title, as of the date of enactment of this 

Act. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated out of the Highway Trust Fund (other than 

the Mass Transit Account) such sums as may be necessary to 

carry out this subsection. 

(4) INCREASE IN OBLIGATION LIMITATION.—The limitation 

under the heading ‘‘Federal-aid Highways (Limitation on Obligations) (Highway Trust Fund)’’ in Public Law 111–117 is increased by such sums as may be necessary to carry out this 

subsection. 


jbell on DSKDVH8Z91PROD with REPORTS
12 

(5) CONTRACT AUTHORITY.—Funds made available to carry 

out this subsection shall be available for obligation and administered in the same manner as if such funds were apportioned 

under chapter 1 of title 23, United States Code. 

(6) AMOUNTS.—The dollar amount specified in section 

105(d)(1) of title 23, United States Code, the dollar amount 

specified in section 120(a)(4)(B) of title I of division A of the 

Consolidated Appropriations Act, 2010 (Public Law 111–117), 

and the dollar amount specified in section 120(b)(10) of such 

title shall each be increased as necessary to carry out this subsection. 

Subtitle B—Revenue Provisions 

SEC. 5101. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR 

RETAINED ANNUITY TRUSTS. 

(a) IN GENERAL.—Subsection (b) of section 2702 of the Internal 

Revenue Code of 1986 is amended— 

(1) by redesignating paragraphs (1), (2) and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right, 

(2) by striking ‘‘For purposes of’’ and inserting the following: 

‘‘(1) IN GENERAL.—For purposes of’’, and 

(3) by striking ‘‘paragraph (1) or (2)’’ in paragraph (1)(C) (as 

so redesignated) and inserting ‘‘subparagraph (A) or (B)’’, and 

(4) by adding at the end the following new paragraph: 

‘‘(2) ADDITIONAL REQUIREMENTS WITH RESPECT TO GRANTOR

RETAINED ANNUITIES.—For purposes of subsection (a), in the 

case of an interest described in paragraph (1)(A) (determined 

without regard to this paragraph) which is retained by the 

transferor, such interest shall be treated as described in such 

paragraph only if— 

‘‘(A) the right to receive the fixed amounts referred to in 

such paragraph is for a term of not less than 10 years, 

‘‘(B) such fixed amounts, when determined on an annual 

basis, do not decrease relative to any prior year during the 

first 10 years of the term referred to in subparagraph (A), 

and 

‘‘(C) the remainder interest has a value greater than 

zero determined as of the time of the transfer.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to transfers made after the date of the enactment of 

this Act. 

SEC. 5102. CRUDE TALL OIL INELIGIBLE FOR CELLULOSIC BIOFUEL 

PRODUCER CREDIT. 

(a) IN GENERAL.—Clause (iii) of section 40(b)(6)(E) of the Internal 

Revenue Code of 1986 is amended— 

(1) by striking ‘‘or’’ at the end of subclause (I), 

(2) by striking the period at the end of subclause (II) and inserting ‘‘, or’’, 

(3) by adding at the end the following new subclause: 

‘‘(III) such fuel has an acid number greater than 

25.’’, and 


jbell on DSKDVH8Z91PROD with REPORTS
13 

(4) by striking ‘‘UNPROCESSED’’ in the heading and inserting ‘‘CERTAIN’’. 

(b) EFFECTIVE DATE.—The amendment made by this section shall 

apply to fuels sold or used on or after January 1, 2010. 

SEC. 5103. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. 

The percentage under paragraph (2) of section 561 of the Hiring 

Incentives to Restore Employment Act in effect on the date of the 

enactment of this Act is increased by 5.25 percentage points. 

Subtitle C—Budgetary Provisions 

SEC. 5201. BUDGETARY PROVISIONS. 

(a) STATUTORY PAYGO.—The budgetary effects of this Act, for the 

purpose of complying with the Statutory Pay-As-You-Go-Act of 

2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, jointly 

submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that 

such statement has been submitted prior to the vote on passage in 

the House acting first on this conference report or amendment between the Houses. 

(b) EXCLUSION FROM PAYGO.— 

(1) Savings in this Act that would be subject to inclusion in 

the Statutory Pay-As-You-Go scorecards are providing an offset 

to increased discretionary spending. As such, they should not 

be available on the scorecards maintained by the Office of 

Management and Budget to provide offsets for future legislation. 

(2) The Director of the Office of Management and Budget 

shall not include any net savings resulting from the changes 

in direct spending or revenues contained in this Act on the 

scorecards required to be maintained by OMB under the Statutory Pay-As-You-Go Act of 2010. 

TEXT OF AMENDMENT NO. 2 

Page 90, after line 18, insert the following: 

TITLE IV 

CHAPTER 1 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

Subject to section 502 of the Congressional Budget Act of 1974, 

commitments to guarantee loans under title XVII of the Energy 

Policy Act of 2005, shall not exceed a total principal amount of 

$18,000,000,000 for eligible projects, to remain available until committed, of which $9,000,000,000 shall be for nuclear power facilities 

and $9,000,000,000 shall be for renewable energy system and efficient end-use energy technology projects: Provided, That these 


jbell on DSKDVH8Z91PROD with REPORTS
14 

amounts are in addition to authorities provided in any other Act: 

Provided further, That for amounts collected pursuant to section 

1702(b)(2) of the Energy Policy Act of 2005, the source of such payment received from borrowers is not a loan or other debt obligation 

that is guaranteed by the Federal Government: Provided further, 

That none of the loan guarantee authority made available in this 

paragraph shall be available for commitments to guarantee loans 

for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected to be used (directly or indirectly) 

through acquisitions, contracts, demonstrations, exchanges, grants, 

incentives, leases, procurements, sales, other transaction authority, 

or other arrangements, to support the project or to obtain goods or 

services from the project: Provided further, That the previous proviso shall not be interpreted as precluding the use of the loan guarantee authority in this paragraph for commitments to guarantee 

loans for projects as a result of such projects benefitting from (1) 

otherwise allowable Federal income tax benefits; (2) being located 

on Federal land pursuant to a lease or right-of-way agreement for 

which all consideration for all uses is (A) paid exclusively in cash, 

(B) deposited in the Treasury as offsetting receipts, and (C) equal 

to the fair market value as determined by the head of the relevant 

Federal agency; (3) Federal insurance programs, including under 

section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known as the ‘‘Price-Anderson Act’’); or (4) for electric generation projects, use of transmission facilities owned or operated by 

a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed 

independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available in 

this paragraph shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply 

with the provisions under this paragraph: Provided further, That 

none of the loan guarantee authority made available in this paragraph may be used to make a final or conditional loan guarantee 

award unless the Secretary of Energy provides notification of the 

award, including the proposed subsidy cost, to the Committees on 

Appropriations of the Senate and the House of Representatives at 

least 3 full business days in advance of such award: Provided further, That section 3002 shall not apply to the amounts under this 

heading. 

DEPARTMENTAL ADMINISTRATION

For necessary expenses of the National Commission on the BP 

Deepwater Horizon Oil Spill and Offshore Drilling established by, 

and in order to carry out activities under, Executive Order 13543, 

$12,000,000, to remain available until September 30, 2011: Provided, That funds appropriated in this paragraph may be used to 

reimburse obligations incurred for the purposes provided herein 

prior to enactment of this Act. 


jbell on DSKDVH8Z91PROD with REPORTS
15 

DEPARTMENT OF HOMELAND SECURITY 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$356,900,000, to remain available until September 30, 2012, of 

which $78,000,000 shall be for costs to maintain U.S. Customs and 

Border Protection Officer staffing on the Southwest Border of the 

United States, $58,000,000 shall be for hiring additional U.S. Customs and Border Protection Officers for deployment at ports of 

entry on the Southwest Border of the United States, $208,400,000 

shall be for hiring additional Border Patrol agents for deployment 

to the Southwest Border of the United States, $2,500,000 shall be 

for forward operating bases on the Southwest Border of the United 

States, and $10,000,000 shall be to support integrity and background investigation programs. 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For an additional amount for ‘‘Border Security Fencing, Infrastructure, and Technology,’’ $14,000,000, to remain available until 

September 30, 2011, for costs of designing, building, and deploying 

tactical communications for support of enforcement activities on the 

Southwest Border of the United States. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For an additional amount for ‘‘Air and Marine Interdiction, Operations, Maintenance, and Procurement’’, $32,000,000, to remain 

available until September 30, 2012, for costs of acquisition and deployment of unmanned aircraft systems. 

CONSTRUCTION AND FACILITIES MANAGEMENT

For an additional amount for ‘‘Construction and Facilities Management’’, $9,000,000, to remain available until September 30, 

2011, for costs to construct up to three forward operating bases for 

use by the Border Patrol to carry out enforcement activities on the 

Southwest Border of the United States. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For an additional amount for ‘Salaries and Expenses’, 

$30,000,000, to remain available until September 30, 2011, for law 

enforcement activities targeted at reducing the threat of violence 

along the Southwest Border of the United States. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

STATE AND LOCAL PROGRAMS

For an additional amount for ‘‘State and Local Programs’’, 

$50,000,000 to remain available until September 30, 2011, for Operation Stonegarden. 


jbell on DSKDVH8Z91PROD with REPORTS
16 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$8,100,000, to remain available until September 30, 2011, for costs 

to provide basic training for new U.S. Customs and Border Protection Officers and Border Patrol agents. 

DEPARTMENT OF EDUCATION 

EDUCATION JOBS FUND

For necessary expenses for an Education Jobs Fund, 

$10,000,000,000: Provided, That section 3002 shall not apply to 

$1,300,000,000 of the amount under this heading: Provided further, 

That the amount under this heading shall be administered under 

the terms and conditions of sections 14001 through 14013 and title 

XV of division A of the American Recovery and Reinvestment Act 

of 2009 (Public Law 111–5) except as follows: 

(1) ALLOCATION OF FUNDS.— 

(A) Funds appropriated under this heading shall be 

available only for allocation by the Secretary of Education 

(in this heading referred to as the ‘‘Secretary’’) in accordance with subsections (a), (b), (d), (e), and (f) of section 

14001 of division A of Public Law 111–5 and subparagraph 

(B) of this paragraph, except that the amount reserved 

under such subsection (b) shall not exceed $1,000,000 and 

such subsection (f) shall be applied by substituting ‘‘one 

year’’ for ‘‘two years’’. 

(B) Prior to allocating funds to States under section 

14001(d) of division A of Public Law 111–5, the Secretary 

shall allocate 0.5 percent to the Secretary of the Interior 

for schools operated or funded by the Bureau of Indian Affairs on the basis of the schools’ respective needs for activities consistent with this heading under such terms and 

conditions as the Secretary of the Interior may determine. 

(2) RESERVATION.—A State that receives an allocation of 

funds appropriated under this heading may reserve not more 

than 2 percent for the administrative costs of carrying out its 

responsibilities with respect to those funds. 

(3) AWARDS TO LOCAL EDUCATIONAL AGENCIES.— 

(A) Except as specified in paragraph (2), an allocation of 

funds to a State shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph (5) for the 

2010–2011 school year (or, in the case of reallocations 

made under section 14001(f) of division A of Public Law 

111–5, for the 2010–2011 or the 2011–2012 school year). 

(B) Funds used to support elementary and secondary 

education shall be distributed through a State’s primary 

elementary and secondary funding formulae or based on 

local educational agencies’ relative shares of funds under 

part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year for which data are available. 


jbell on DSKDVH8Z91PROD with REPORTS
17 

(C) Subsections (a) and (b) of section 14002 of division A 

of Public Law 111–5 shall not apply to funds appropriated 

under this heading. 

(4) COMPLIANCE WITH EDUCATION REFORM ASSURANCES.—For 

purposes of awarding funds appropriated under this heading, 

any State that has an approved application for Phase II of the 

State Fiscal Stabilization Fund that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142) shall be 

deemed to be in compliance with subsection (b) and paragraphs 

(2) through (5) of subsection (d) of section 14005 of division A 

of Public Law 111–5. 

(5) REQUIREMENT TO USE FUNDS TO RETAIN OR CREATE EDU- CATION JOBS.—Notwithstanding section 14003(a) of division A 

of Public Law 111–5, funds awarded to local educational agencies under paragraph (3)— 

(A) may be used only for compensation and benefits and 

other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early 

childhood, elementary, or secondary educational and related services; and 

(B) may not be used for ‘‘general administrative expenses’’ or for ‘‘other support services expenditures’’ as 

those terms were defined by the National Center for Education Statistics in its Common Core of Data as of the date 

of enactment of this Act. 

(6) PROHIBITION ON USE OF FUNDS FOR RAINY-DAY FUNDS OR

DEBT RETIREMENT.—A State that receives an allocation may 

not use such funds, directly or indirectly, to— 

(A) establish, restore, or supplement a rainy-day fund; 

(B) supplant State funds in a manner that has the effect 

of establishing, restoring, or supplementing a rainy-day 

fund; 

(C) reduce or retire debt obligations incurred by the 

State; or 

(D) supplant State funds in a manner that has the effect 

of reducing or retiring debt obligations incurred by the 

State. 

(7) DEADLINE FOR AWARD.—The Secretary shall award funds 

appropriated under this heading not later than 45 days after 

the date of the enactment of this Act to States that have submitted applications meeting the requirements applicable to 

funds under this heading. The Secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law. 

(8) ALTERNATE DISTRIBUTION OF FUNDS.—If, within 30 days 

after the date of the enactment of this Act, a Governor has not 

submitted an approvable application, the Secretary shall provide for funds allocated to that State to be distributed to another entity or other entities in the State (notwithstanding section 14001(e) of division A of Public Law 111–5) for support of 

elementary and secondary education, under such terms and 

conditions as the Secretary may establish, provided that all 

terms and conditions that apply to funds appropriated under 


jbell on DSKDVH8Z91PROD with REPORTS
18 

this heading shall apply to such funds distributed to such entity or entities. No distribution shall be made to a State under 

this paragraph, however, unless the Secretary has determined 

(on the basis of such information as may be available) that the 

requirements of clauses (i), (ii), or (iii) of paragraph 10(A) are 

likely to be met, notwithstanding the lack of an application 

from the Governor of that State. 

(9) LOCAL EDUCATIONAL AGENCY APPLICATION.—Section 442 

of the General Education Provisions Act shall not apply to a 

local educational agency that has previously submitted an application to the State under title XIV of division A of Public 

Law 111–5. The assurances provided under that application 

shall continue to apply to funds awarded under this heading. 

(10) MAINTENANCE OF EFFORT.— 

(A) Except as provided in paragraph (8), the Secretary 

shall not allocate funds to a State under paragraph (1) unless the Governor of the State provides an assurance to the 

Secretary that— 

(i) for State fiscal year 2011, the State will maintain 

State support for elementary and secondary education 

(in the aggregate or on the basis of expenditures per 

pupil) and for public institutions of higher education 

(not including support for capital projects or for research and development or tuition and fees paid by 

students) at not less than the level of such support for 

each of the two categories, respectively, for State fiscal 

year 2009; 

(ii) for State fiscal year 2011, the State will maintain State support for elementary and secondary education and for public institutions of higher education 

(not including support for capital projects or for research and development or tuition and fees paid by 

students) at a percentage of the total revenues available to the State that is equal to or greater than the 

percentage provided for each of the two categories, respectively, for State fiscal year 2010; or 

(iii) in the case of a State in which State tax collections for calendar year 2009 were less than State tax 

collections for calendar year 2006, for State fiscal year 

2011 the State will maintain State support for elementary and secondary education (in the aggregate) and 

for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students)— 

(I) at not less than the level of such support for 

each of the two categories, respectively, for State 

fiscal year 2006; or 

(II) at a percentage of the total revenues available to the State that is equal to or greater than 

the percentage provided for each of the two categories, respectively, for State fiscal year 2006. 

(B) Section 14005(d)(1) and subsections (a) through (c) of 

section 14012 of division A of Public Law 111–5 shall not 

apply to funds appropriated under this heading. 


jbell on DSKDVH8Z91PROD with REPORTS
19 

(11) ADDITIONAL REQUIREMENTS FOR THE STATE OF TEXAS.— 

The following requirements shall apply to the State of Texas: 

(A) Notwithstanding paragraph (3)(B), funds used to 

support elementary and secondary education shall be distributed based on local educational agencies’ relative 

shares of funds under part A of title I of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6311 et 

seq.) for the most recent fiscal year which data are available. Funds distributed pursuant to this paragraph shall 

be used to supplement and not supplant State formula 

funding that is distributed on a similar basis to part A of 

title I of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6311 et seq.). 

(B) The Secretary shall not allocate funds to the State 

of Texas under paragraph (1) unless the Governor of the 

State provides an assurance to the Secretary that the 

State will for fiscal years 2011, 2012, and 2013 maintain 

State support for elementary and secondary education at 

a percentage of the total revenues available to the State 

that is equal to or greater than the percentage provided for 

such purpose for fiscal year 2011 prior to the enactment of 

this Act. 

(C) Notwithstanding paragraph (8), no distribution shall 

be made to the State of Texas or local education agencies 

therein unless the Governor of Texas makes an assurance 

to the Secretary that the requirements in paragraphs 

(11)(A) and (11)(B) will be met, notwithstanding the lack 

of an application from the Governor of Texas. 

STUDENT FINANCIAL ASSISTANCE

For an additional amount for ‘‘Student Financial Assistance’’, 

$4,950,000,000, to remain available through September 30, 2011, to 

carry out subpart 1 of part A of title IV of the Higher Education 

Act of 1965: Provided, That section 3002 shall not apply to the 

amount under this heading. 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’, 

$16,500,000, to remain available until September 30, 2011, for a 

soldier readiness processing center: Provided, That notwithstanding any other provision of law, such funds may be obligated 

and expended to carry out planning and design and military construction projects not otherwise authorized by law: Provided further, That section 3002 shall not apply to the amount under this 

heading. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 4101. 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)), 


jbell on DSKDVH8Z91PROD with REPORTS
20 

$50,000,000: Provided, That section 3002 shall not apply to the 

amount in this section. 

(RESCISSION)

SEC. 4102. There is rescinded from accounts under the heading 

‘‘Department of Agriculture—Natural Resources Conservation Service’’, $69,900,000, to be derived from the unobligated balances of 

funds that were provided for such accounts in prior appropriation 

Acts (other than Public Law 111–5) and that were designated by 

the Congress in such Acts as an emergency requirement pursuant 

to a concurrent resolution on the budget or the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

(RESCISSION)

SEC. 4103. There is rescinded from accounts under the heading ‘‘Department of Agriculture—Rural Development’’, $122,000,000, to 

be derived from the unobligated balances of funds that were provided for such accounts in prior appropriation Acts (other than 

Public Law 111–5) and that were designated by the Congress in 

such Acts as an emergency requirement pursuant to a concurrent 

resolution on the budget or the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

(RESCISSION)

SEC. 4104. Of the funds made available for ‘‘Department of Agriculture—Rural Utilities Service—Distance Learning, Telemedicine, 

and Broadband Program’’ in title I of division A of Public Law 111– 

5 (123 Stat. 118), $300,000,000 is rescinded. 

(RESCISSION)

SEC. 4105. There is rescinded from accounts under the heading 

‘‘Department of Agriculture—Food and Nutrition Service—Special 

Supplemental Nutrition Program for Women, Infants, and Children 

(WIC)’’, $361,825,000, to be derived from unobligated balances 

available from amounts placed in reserve in title I of division A of 

Public Law 111–5 (123 Stat. 115). 

(RESCISSION)

SEC. 4106. Of the unobligated balances available for ‘‘Department 

of Agriculture—Food and Nutrition Service—Special Supplemental 

Nutrition Program for Women, Infants, and Children (WIC)’’ as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 

1786), $125,000,000 is rescinded: Provided, That section 3002 shall 

not apply to the amount in this section. 

(RESCISSION)

SEC. 4107. Of the funds appropriated under the heading ‘‘Department of Commerce—National Institute of Standards and Technology—Construction of Research Facilities’’ in title II of division 

A of Public Law 111–5 (123 Stat. 129) $15,000,000 is rescinded. 

(RESCISSION)

SEC. 4108. Of the funds made available for ‘‘Department of Commerce—National Telecommunications and Information AdministraVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
21 

tion—Broadband Technology Opportunities Program’’ in title II of 

division A of Public Law 111–5, $302,000,000 is rescinded. 

SEC. 4109. For an additional amount for the Department of Justice for necessary expenses for increased law enforcement activities 

related to Southwest border enforcement, $201,000,000, to remain 

available until September 30, 2011: Provided, That funds shall be 

distributed to the following accounts and in the following specified 

amounts: 

(1) ‘‘Administrative Review and Appeals’’, $2,118,000; 

(2) ‘‘Detention Trustee’’, $7,000,000; 

(3) ‘‘Legal Activities, Salaries and Expenses, General Legal 

Activities’’, $3,862,000; 

(4) ‘‘Legal Activities, Salaries and Expenses, United States 

Attorneys’’, $9,198,000; 

(5) ‘‘United States Marshals Service, Salaries and Expenses’’, 

$29,651,000; 

(6) ‘‘United States Marshals Service, Construction’’, 

$8,000,000; 

(7) ‘‘Interagency Law Enforcement, Interagency Crime and 

Drug Enforcement’’, $21,000,000; 

(8) ‘‘Federal Bureau of Investigation, Salaries and Expenses’’, 

$25,262,000; 

(9) ‘‘Drug Enforcement Administration, Salaries and Expenses’’, $35,805,000; 

(10) ‘‘Bureau of Alcohol, Tobacco, Firearms and Explosives, 

Salaries and Expenses’’, $39,104,000; and 

(11) ‘‘Federal Prison System, Salaries and Expenses’’, 

$20,000,000. 

SEC. 4110. Section 8005 of the Department of Defense Appropriations Act, 2010 (division A of Public Law 111–118) is amended by 

striking the dollar amount specified in such section and inserting 

‘‘$6,000,000,000’’: Provided, That section 3002 shall not apply to the 

amount in this section: Provided further, That the amendment 

made by this section shall apply in lieu of any amendment made 

by another provision of this Act to such dollar amount. 

SEC. 4111. With respect to the multiyear procurement of F/A– 

18E, F/A–18F, and EA–18G aircraft—

(1) section 8011 of division A of Public Law 111–118 is 

amended by striking ‘‘within 30 days of enactment of this Act’’ 

and inserting ‘‘30 days prior to contract award’’; 

(2) the term ‘‘March 1 of the year in which the Secretary requests legislative authority to enter into such contract,’’ in section 2306b(i)(1) of title 10, United States Code, and section 

128(a)(2) of Public Law 111–84, shall be deemed to be a reference to September 1, 2010; 

(3) the Secretary of Defense may submit the report identified 

in section 2306b(l)(4) of title 10, United States Code, to the 

congressional defense committees on or before September 1, 

2010; and 

(4) the authority provided in section 8011 of Public Law 111– 

118 and section 128(a) of Public Law 111–84, as amended by 

this section, shall satisfy, with respect to the procurement of 

F/A–18E, F/A–18F, and EA–18G aircraft, the requirements of 

sections 2306b(i)(3) and 2306b(l)(3) of title 10, United States 


jbell on DSKDVH8Z91PROD with REPORTS
22 

Code, that a multiyear contract be authorized by law in an appropriations Act and an Act other than an appropriations Act. 

SEC. 4112. For all major defense acquisition programs for which 

the Department of Defense plans to proceed to source selection during the current fiscal year and fiscal year 2011, the Secretary of 

Defense shall perform an assessment of such programs and the 

proposals of all bidders to determine whether or not the costs are 

realistic and reasonable with respect to expected industry development and production costs: Provided, That the assessments shall 

address whether the programs and proposals of all bidders are at 

fair market value: Provided further, That the Secretary of Defense 

shall provide an assessment of the programs and proposals of all 

bidders to determine the number of jobs, including an estimate of 

development and direct manufacturing jobs, supported or lost in 

the United States of America: Provided further, That jobs supported or lost shall be measured as full time equivalent personnel: 

Provided further, That the Secretary of Defense shall provide a report, in consultation with the Secretary of Labor, containing the results of these assessments to the congressional defense committees 

not later than 60 days after enactment of this Act and on a quarterly basis thereafter. 

(INCLUDING RESCISSION)

SEC. 4113. (a) In addition to the amounts provided elsewhere in 

this Act, there is appropriated $300,000,000 for an additional 

amount for ‘‘Operation and Maintenance, Defense-Wide’’, to remain 

available until expended. Such funds may be available for the Office of Economic Adjustment, notwithstanding any other provision 

of law, for transportation infrastructure improvements associated 

with medical facilities related to recommendations of the Defense 

Base Closure and Realignment Commission. 

(b) Of the funds appropriated for ‘‘Defense Health Program’’ in 

title VI of division A of Public Law 111–118, $300,000,000 is rescinded, to be derived from amounts for operation and maintenance. 

(c) Section 3002 shall not apply to the amounts in this section. 

(RESCISSION)

SEC. 4114. (a) Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are rescinded from 

the following accounts in the specified amounts: 

‘‘Shipbuilding and Conversion, Navy, 2006/2010’’, 

$107,000,000; 

‘‘Aircraft Procurement, Army, 2008/2010’’, $21,000,000; 

‘‘Procurement of Weapons and Tracked Combat Vehicles, 

Army, 2008/2010’’, $21,000,000; 

‘‘Procurement of Ammunition, Army, 2008/2010’’, 

$17,000,000; 

‘‘Other Procurement, Army, 2008/2010’’, $75,000,000; 

‘‘Aircraft Procurement, Navy, 2008/2010’’, $166,000,000; 

‘‘Weapons Procurement, Navy, 2008/2010’’, $26,000,000; 

‘‘Other Procurement, Navy, 2008/2010’’, $42,000,000; 

‘‘Procurement, Marine Corps, 2008/2010’’, $13,000,000; 

‘‘Aircraft Procurement, Air Force, 2008/2010’’, $102,000,000; 


jbell on DSKDVH8Z91PROD with REPORTS
23 

‘‘Missile Procurement, Air Force, 2008/2010’’, $28,000,000; 

‘‘Procurement of Ammunition, Air Force, 2008/2010’’, 

$7,000,000; 

‘‘Other Procurement, Air Force, 2008/2010’’, $130,000,000; 

‘‘Procurement, Defense-Wide, 2008/2010’’, $33,000,000; 

‘‘Research, Development, Test and Evaluation, Army, 2009/ 

2010’’, $76,000,000; 

‘‘Research, Development, Test and Evaluation, Navy, 2009/ 

2010’’, $131,000,000; 

‘‘Research, Development, Test and Evaluation, Air Force, 

2009/2010’’, $164,000,000; 

‘‘Research, Development, Test and Evaluation, Defense-Wide, 

2009/2010’’, $137,000,000; 

‘‘Operation, Test and Evaluation, Defense, 2009/2010’’, 

$1,000,000; 

‘‘Operation and Maintenance, Army, 2010’’, $154,000,000; 

‘‘Operation and Maintenance, Navy, 2010’’, $155,000,000; 

‘‘Operation and Maintenance, Marine Corps, 2010’’, 

$25,000,000; 

‘‘Operation and Maintenance, Air Force, 2010’’, $155,000,000; 

‘‘Operation and Maintenance, Defense-Wide, 2010’’, 

$126,000,000; 

‘‘Operation and Maintenance, Army Reserve, 2010’’, 

$12,000,000; 

‘‘Operation and Maintenance, Navy Reserve, 2010’’, 

$6,000,000; 

‘‘Operation and Maintenance, Marine Corps Reserve, 2010’’, 

$1,000,000; 

‘‘Operation and Maintenance, Air Force Reserve, 2010’’, 

$14,000,000; 

‘‘Operation and Maintenance, Army National Guard, 2010’’, 

$28,000,000; and 

‘‘Operation and Maintenance, Air National Guard, 2010’’, 

$27,000,000. 

(b) Section 3002 shall not apply to amounts in this section. 

(RESCISSIONS)

SEC. 4115. (a) Of the funds appropriated in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), the following funds are rescinded from the following accounts in the specified amounts: 

‘‘Operation and Maintenance, Army, 2009/2010’’, 

$113,500,000; 

‘‘Operation and Maintenance, Navy, 2009/2010’’, $34,000,000; 

‘‘Operation and Maintenance, Marine Corps, 2009/2010’’, 

$7,000,000; 

‘‘Operation and Maintenance, Air Force, 2009/2010’’, 

$61,000,000; 

‘‘Operation and Maintenance, Army Reserve, 2009/2010’’, 

$3,500,000; 

‘‘Operation and Maintenance, Navy Reserve, 2009/2010’’, 

$8,000,000; 

‘‘Operation and Maintenance, Marine Corps Reserve, 2009/ 

2010’’, $1,000,000; 


jbell on DSKDVH8Z91PROD with REPORTS
24 

‘‘Operation and Maintenance, Air Force Reserve, 2009/2010’’, 

$2,000,000; 

‘‘Operation and Maintenance, Army National Guard, 2009/ 

2010’’, $1,000,000; 

‘‘Operation and Maintenance, Air National Guard, 2009/ 

2010’’, $2,500,000; and 

‘‘Defense Health Program, 2009/2010’’, $27,000,000. 

(b) Of the funds appropriated in the Supplemental Appropriations Act, 2008 (Public Law 110–252), the following funds are rescinded from the following account in the specified amount: 

‘‘Procurement, Marine Corps, 2008/2010’’, $177,180,000. 

(INCLUDING TRANSFER OF FUNDS AND RESCISSIONS)

SEC. 4116. (a) In addition to amounts provided elsewhere in this 

Act, there is appropriated $163,000,000 for an additional amount 

for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until expended: Provided, That such funds shall only be available to the Secretary of Defense, acting through the Office of Economic Adjustment of the Department of Defense, or for transfer to 

the Secretary of Education, notwithstanding any other provision of 

law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand 

elementary and secondary public schools on military installations 

in order to address capacity or facility condition deficiencies at such 

schools: Provided further, That in making such funds available, the 

Office of Economic Adjustment or the Secretary of Education shall 

give priority consideration to those military installations with 

schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense. 

(b)(1) Of the funds appropriated for ‘‘Procurement of Weapons 

and Tracked Combat Vehicles, Army’’ in title III of division A of 

public Law 111–118, $116,000,000 is rescinded. 

(2) Of the funds appropriated under the heading ‘‘Operation and 

Maintenance, Army’’ in title II of division A of Public Law 111–118, 

$100,000,000 is rescinded. 

(3) Of the funds appropriated for ‘‘Other Procurement, Army’’ in 

title III of division C of Public Law 110–329, $87,000,000 is rescinded. 

(c) Section 3002 shall not apply to amounts in this section. 

SEC. 4117. (a) SPECIFIC APPROPRIATION OR CONTRIBUTION.—Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is 

amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 

‘‘(1) IN GENERAL.—No guarantee shall be made unless— 

‘‘(A) an appropriation for the cost of the guarantee has 

been made; 

‘‘(B) the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the 

payment into the Treasury; or 

‘‘(C) a combination of one or more appropriations under 

subparagraph (A) and one or more payments from the borrower under subparagraph (B) has been made that is sufficient to cover the cost of the guarantee. 


jbell on DSKDVH8Z91PROD with REPORTS
25 

‘‘(2) LIMITATION.—The source of payments received from a 

borrower under paragraph (1)(B) or (C) shall not be a loan or 

other debt obligation that is made or guaranteed by the Federal Government.’’; and 

(2) by adding at the end the following: 

‘‘(l) CREDIT REPORT.—If, in the opinion of the Secretary, a thirdparty credit rating of the applicant or project is not necessary for 

the Secretary to begin review of an application, the project costs 

are not projected to exceed $100,000,000, and the applicant agrees 

to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive an otherwise applicable requirement (including any requirement described in part 609 of title 10, 

Code of Federal Regulations) to provide a third-party credit report 

with an application, provided that the Secretary requires a third 

party credit report prior to issuance of a conditional commitment 

for a guarantee. 

‘‘(m) MULTIPLE SITES.—Notwithstanding any contrary requirement (including any provision under part 609 of title 10, Code of 

Federal Regulations) an eligible project may be located on two or 

more non-contiguous sites in the United States.’’. 

(b) APPLICATIONS FOR MULTIPLE ELIGIBLE PROJECTS.—Section 

1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following: 

‘‘(e) MULTIPLE APPLICATIONS.—Notwithstanding any contrary requirement (including any provision under part 609.3(a) of title 10, 

Code of Federal Regulations), a project applicant or sponsor of an 

eligible project may submit an application for more than one eligible project under this section.’’. 

(c) ENERGY EFFICIENCY LOAN GUARANTEES.—Section 1705(a) of 

the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by 

adding at the end the following: 

‘‘(4) Efficient end-use energy technologies. 

‘‘(5) Combined heat and power or industrial waste energy recovery projects.’’. 

(d) ADMINISTRATIVE COSTS.—Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended by 

striking subsection (f) and inserting the following: 

‘‘(f) FEES.—The Secretary is authorized to charge and collect 

fees from applicants for or recipients of an award or loan to 

cover administrative costs. For any given loan or award, such 

fees shall not exceed $100,000 or 10 basis points of the loan or 

award. In addition to the foregoing fees, the Secretary may require applicants for and recipients of an award or loan under 

this section to pay directly, or through the payment of fees to 

be used by the Secretary to pay, all fees and expenses of 

agents, consultants, and professional advisors retained by the 

Secretary in connection with activities authorized under this 

section.’’. 

(RESCISSIONS)

SEC. 4118. There are rescinded the following amounts from the 

specified accounts: 


jbell on DSKDVH8Z91PROD with REPORTS
26 

(1) $35,000,000, to be derived from unobligated balances 

made available under ‘‘Mississippi River and Tributaries’’ in 

Public Law 110–329. 

(2) $4,874,037, to be derived from unobligated balances made 

available under ‘‘Flood Control and Coastal Emergencies’’ in 

Public Law 109–234. 

(3) $5,005,400, to be derived from unobligated balances made 

available under ‘‘Flood Control and Coastal Emergencies’’ in 

title V of Public Law 110–28. 

(4) $2,199,629, to be derived from unobligated balances made 

available under ‘‘Construction’’ in Public Law 109–148. 

(RESCISSIONS)

SEC. 4119. (a) There are rescinded the following amounts from 

the specified accounts: 

(1) $150,000,000, to be derived from unobligated balances of 

funds made available under the heading ‘‘Corps of Engineers, 

Civil—Construction’’ in prior appropriations Acts (other than 

Public Law 111–5) for projects and activities authorized under 

section 205 of the Flood Control Act of 1948, section 1135 of 

the Water Resources Development Act of 1986, and section 206 

of the Water Resources Act of 1996. 

(2) $40,000,000, to be derived from unobligated balances of 

funds made available under the heading ‘‘Corps of Engineers, 

Civil—Construction’’ in prior appropriations Acts, other than 

funds designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

(b) Section 3002 shall not apply to amounts in this section. 

(RESCISSIONS)

SEC. 4120. (a) There are rescinded the following amounts from 

the specified accounts: 

(1) $78,000,000, to be derived from unobligated balances of 

funds made available under the heading ‘‘Department of Energy—Energy Efficiency and Renewable Energy’’ in division C 

of Public Law 111–8 and Public Law 111–85 for biomass and 

biorefinery research, development, and demonstration. 

(2) $71,000,000, to be derived from unobligated balances of 

funds made available in prior appropriations Acts under the 

heading ‘‘Department of Energy—Strategic Petroleum Reserve’’, including $14,493,000 provided in Public Law 110–161 

for new site land acquisition activities; $31,507,000 provided in 

Public Law 111–8 for new site expansion activities, beyond 

land acquisition; and $25,000,000 provided in Public Law 111– 

85. 

(3) $20,000,000, to be derived from unobligated balances of 

funds made available in prior appropriations Acts under the 

heading ‘‘Department of Energy—Nuclear Energy’’. 

(b) Section 3002 shall not apply to amounts in this section. 

(RESCISSION)

SEC. 4121. Of the unobligated balances of funds provided under 

the heading ‘‘Nuclear Regulatory Commission’’ in prior appropriaVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00026 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
27 

tions Acts, $18,000,000 is permanently rescinded: Provided, That 

section 3002 shall not apply to the amount in this section. 

(RESCISSION)

SEC. 4122. From unobligated balances of prior year appropriations made available to ‘‘Domestic Nuclear Detection Office—Systems Acquisition’’, $50,000,000 is rescinded: Provided, That section 

3002 shall not apply to the amount in this section. 

SEC. 4123. (a) The Administrator of General Services, not later 

than 90 days after the date of enactment of this Act, shall prepare 

and submit to the Congress a building project survey report related 

to a consolidated headquarters for the Federal Bureau of Investigation in the Washington metropolitan region (as defined in section 

8301 of title 40, United States Code). 

(b) The building project survey report shall be prepared by the 

Administrator of General Services in consultation with the Director 

of the Federal Bureau of Investigation, and each strategy described 

in the report shall contain, at a minimum, an estimated cost, a financing and development plan, a budgetary and financial impact 

analysis, a procurement and implementation plan, an analysis of 

security and information technology issues specific to the Federal 

Bureau of Investigation, and a schedule. 

(c) The building project survey report shall identify a preferred 

strategy. 

(RESCISSION)

SEC. 4124. There are permanently rescinded from ‘‘General Services Administration—Real Property Activities—Federal Building 

Fund’’, $75,000,000 from Rental of Space and $25,000,000 from 

Building Operations, to be derived from unobligated balances that 

were provided in previous appropriations Acts: Provided, That section 3002 shall not apply to the amount in this section. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 4125. (a) The Secretary of Homeland Security may transfer 

to the Secretary of the Interior amounts available for environmental mitigation requirements for ‘‘U.S. Customs and Border Protection—Border Security Fencing, Infrastructure, and Technology’’ 

for fiscal year 2009 or thereafter, for use by the Secretary of the 

Interior under laws administered by such Secretary to mitigate adverse environmental impacts, including impact on species listed 

under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

resulting from construction, operation, and maintenance activities 

related to border security. 

(b) Uses of funds authorized by this section include acquisition 

of land or interests in land that will, in the judgment of the Secretary of the Interior, mitigate or off-set such adverse impacts. 

(c) Any funds transferred under this section shall be used in accordance with an agreement between the Secretaries. 

(d) Not later than September 30, 2010, and on an annual basis 

thereafter, the Secretary of the Interior shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report that describes in detail the actions taken in 

the preceding year with amounts transferred under this section. 


jbell on DSKDVH8Z91PROD with REPORTS
28 

(RESCISSION)

SEC. 4126. From unobligated balances of prior year appropriations made available for ‘‘Transportation Security Administration— 

Aviation Security’’ in chapter 5 of title III of Public Law 110–28, 

$6,600,000 is rescinded. 

(RESCISSION)

SEC. 4127. From unobligated balances of prior year appropriations made available for ‘‘United States Coast Guard—Acquisition, 

Construction, and Improvements’’ in chapter 4 of title I of division 

B of Public Law 109–148, $3,000,000 is rescinded. 

(RESCISSION)

SEC. 4128. From unobligated balances of prior year appropriations made available for ‘‘United States Coast Guard—Acquisition, 

Construction, and Improvements’’ in chapter 4 of title II of Public 

Law 109–234, $4,000,000 is rescinded. 

(RESCISSION)

SEC. 4129. From unobligated balances of prior year appropriations made available for ‘‘Federal Emergency Management Agency—Administrative and Regional Operations’’ in chapter 4 of title 

II of Public Law 109–234, $36,000,000 is rescinded. 

(RESCISSION)

SEC. 4130. From unobligated balances of prior year appropriations made available for ‘‘Domestic Nuclear Detection Office—Research, Development, and Operations’’ in chapter 5 of title III of 

Public Law 110–28, $3,800,000 is rescinded. 

(RESCISSION)

SEC. 4131. From unobligated balances of prior year appropriations made available to ‘‘U.S. Customs and Border Protection—Border Security Fencing, Infrastructure, and Technology’’, 

$200,000,000 is rescinded: Provided, That section 3002 shall not 

apply to the amount in this section. 

SEC. 4132. Notwithstanding any other provision of law, including 

any agreement, the Federal share of assistance, including direct 

Federal assistance provided under sections 403, 406, and 407 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5170b, 5172, and 5173), for damages resulting from 

FEMA–1909–DR, FEMA–1894–DR, and FEMA–3311–EM–RI shall 

not be less than 90 percent of the eligible costs under such sections. 

(RESCISSION)

SEC. 4133. Of the funds made available for ‘‘Bureau of Land 

Management—Management of Lands and Resources’’ in title VII of 

division A of Public Law 111–5, $6,400,000 is rescinded. 

(RESCISSION)

SEC. 4134. Of the funds made available for ‘‘Bureau of Land 

Management—Construction’’ in title VII of division A of Public Law 

111–5, $3,600,000 is rescinded. 


jbell on DSKDVH8Z91PROD with REPORTS
29 

(RESCISSION)

SEC. 4135. Of the funds made available for ‘‘National Park Service—Construction’’ in title VII of division A of Public Law 111–5, 

$3,200,000 is rescinded. 

(RESCISSION)

SEC. 4136. Of the funds made available for ‘‘United States Geological Survey—Surveys, Investigations, and Research’’ in title VII 

of division A of Public Law 111–5, $5,000,000 is rescinded. 

(RESCISSION)

SEC. 4137. Of the funds made available for ‘‘Bureau of Indian Affairs—Construction’’ in title VII of division A of Public Law 111– 

5, $2,934,000 is rescinded. 

(RESCISSION)

SEC. 4138. Of the funds made available for ‘‘Bureau of Indian Affairs—Indian Guaranteed Loan Program Account’’ in title VII of division A of Public Law 111–5, $6,820,000 is rescinded. 

(RESCISSION)

SEC. 4139. Of the funds made available for ‘‘Environmental Protection Agency—Hazardous Substance Superfund’’ in title VII of division A of Public Law 111–5, $6,000,000 is rescinded. 

(RESCISSION)

SEC. 4140. Of the funds made available for ‘‘Environmental Protection Agency—Leaking Underground Storage Tank Trust Fund 

Program’’ in title VII of division A of Public Law 111–5, $9,200,000 

is rescinded. 

(RESCISSION)

SEC. 4141. Of the funds made available for transfer in title VII 

of division A of Public Law 111–5, ‘‘Environmental Protection 

Agency—Environmental Programs and Management’’, $13,000,000 

is rescinded. 

(RESCISSION)

SEC. 4142. Of the funds made available for ‘‘Department of Agriculture—Forest Service—Capital Improvement and Maintenance’’ 

in title VII of division A of Public Law 111–5, $20,000,000 is rescinded. 

(RESCISSION)

SEC. 4143. Of the funds transferred in section 703 of title VII of 

division A of Public Law 111–5, ‘‘Department of the Interior— 

Working Capital Fund’’, $4,400,000 is permanently rescinded. 

(RESCISSION)

SEC. 4144. Of the funds made available for ‘‘National Park Service—Construction’’ in chapter 5 of title II of Public Law 105–18, 

$7,600,000 is rescinded. 


jbell on DSKDVH8Z91PROD with REPORTS
30 

(RESCISSION)

SEC. 4145. Of the funds made available for ‘‘National Park Service—Construction’’ in chapter 7 of division B of Public Law 108– 

324, $5,104,000 is rescinded. 

(RESCISSION)

SEC. 4146. Of the funds made available for ‘‘National Park Service—Construction’’ in chapter 5 of title II of Public Law 109–234, 

$6,700,000 is rescinded. 

(RESCISSION)

SEC. 4147. Of the funds made available for ‘‘Fish and Wildlife 

Service—Construction’’ in chapter 6 of title I of division B of Public 

Law 110–329, $13,300,000 is rescinded. 

SEC. 4148. Section 11(c)(1) of the Outer Continental Shelf Lands 

Act (43 U.S.C. 1340(c)(1)) is amended in the fourth sentence by 

striking ‘‘within thirty days of its submission,’’ and inserting the 

following: ‘‘within 90 days of its submission or within such additional time as the Secretary determines is necessary to complete 

any environmental, safety, or other reviews (in the case of leases 

issued pursuant to a sale held after March 17, 2010), or within 90 

days of its submission or, with the consent of the holder of the 

lease, within such additional time as the Secretary determines is 

necessary to complete any environmental, safety, or other reviews 

(in the case of leases issued pursuant to a sale held on or before 

March 17, 2010),’’. 

SEC. 4149. From funds appropriated in this Act under the heading ‘‘Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund’’, the 

Secretary of Health and Human Services shall make grants to 

States, in the amount needed to defray actual costs, for the purpose 

of assisting school districts serving significant numbers of children 

who entered the United States from Haiti during the period January 12, 2010, through May 30, 2010, and who are United States 

citizens or Haitian nationals, to meet the educational and related 

needs of such children. 

(RESCISSION)

SEC. 4150. The unobligated balance of funds appropriated in the 

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1995 (Public Law 

103–333; 108 Stat. 2574) under the heading ‘‘Public Health and Social Services Emergency Fund’’ is rescinded. 

SEC. 4151. Amounts in section 1012 of division B of Public Law 

111–118 shall be deemed to have been designated by such section 

on the date of its enactment as an emergency requirement and necessary to meet emergency needs pursuant to sections 403 and 

423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. 

SEC. 4152. (a) OIL SPILL UNEMPLOYMENT ASSISTANCE.—Upon a 

determination by the President that additional resources are necessary to respond to an incident related to a spill of national significance declared under the National Contingency Plan provided 

for under section 105 of the Comprehensive Environmental ReVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
31 

sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) 

(‘‘covered incident’’), the Secretary of Labor is authorized to provide 

to any individual unemployed as a result of such covered incident 

such benefit assistance as the Secretary deems appropriate while 

such individual is unemployed for the weeks of such unemployment 

with respect to which the individual is not entitled to any other unemployment compensation (as that term is defined in section 85(b) 

of the Internal Revenue Code of 1986) or waiting period credit. 

Such assistance as the Secretary shall provide shall be available to 

an individual as long as the individual’s unemployment caused by 

such covered incident continues or until the individual is reemployed in a suitable position, but no longer than 26 weeks after the 

individual’s unemployment that resulted from the covered incident. 

Oil spill unemployment assistance payments for a week of unemployment shall not exceed the maximum weekly amount authorized 

under the unemployment compensation law of the individual’s 

State. The Secretary is directed to provide such assistance through 

agreements with States that, in the Secretary’s judgment, have an 

adequate system for administering such assistance through existing State agencies. 

(b) FEDERAL-STATE AGREEMENTS.—Any State affected by a covered incident may enter into and participate in an agreement 

under this section with the Secretary. Any State which is a party 

to an agreement under this section may, upon providing 30 days’ 

written notice to the Secretary, terminate such agreement. 

(c) PROVISIONS OF AGREEMENT.—Any agreement under subsection (b) shall provide that the State agency of the State will— 

(1) make payments of oil spill unemployment assistance to 

individuals who— 

(A) are unemployed as a result of a covered incident; 

(B) have no rights to regular compensation or extended 

compensation with respect to a week under State law or 

any other State unemployment compensation law or to 

compensation under any other Federal law; and 

(C) are not receiving compensation with respect to such 

week under the unemployment compensation law of Canada; and 

(2) refer individuals receiving oil spill unemployment assistance under this section to one-stop delivery systems established under section 134(c) of the Workforce Investment Act of 

1998 for reemployment services or training provided under 

such Act, the Wagner-Peyser Act, or other Federal law. 

(d) WEEKLY BENEFIT AMOUNT, DUE PROCESS RIGHTS.—For purposes of any agreement under this section, the terms and conditions of Federal law and regulations which apply to claims for disaster unemployment assistance and to the payment thereof shall 

apply to claims for oil spill unemployment assistance and the payment thereof, except where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the Secretary promulgated to carry out this section. 

(e) UNAUTHORIZED ALIENS INELIGIBLE.—A State shall require as 

a condition of oil spill unemployment assistance under this section 

that each alien who receives such assistance must be legally authorized to work in the United States, as defined for purposes of 

the Federal Unemployment Tax Act (26 U.S.C. 3101 et seq.). In deVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
32 

termining whether an alien meets the requirements of this subsection, a State must follow the procedures provided in section 

1137(d) of the Social Security Act (42 U.S.C. 1320b–7(d)). 

(f) FRAUD AND OVERPAYMENTS.— (1) IN GENERAL.—If an individual knowingly has made, or 

caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such 

false statement or representation or of such nondisclosure such 

individual has received an amount of oil spill unemployment 

assistance under this section to which such individual was not 

entitled, such individual— 

(A) shall be ineligible for further oil spill unemployment 

assistance under this section in accordance with the provisions of the applicable State unemployment compensation 

law relating to fraud in connection with a claim for unemployment compensation; and 

(B) shall be subject to prosecution under section 1001 of 

title 18, United States Code. 

(2) REPAYMENT.—In the case of an individual who has received oil spill unemployment assistance under this section to 

which such individual was not entitled, the State shall require 

such individual to repay the amount of such oil spill unemployment assistance to the State agency, except that the State 

agency may waive such repayment if it determines that— 

(A) the payment of such oil spill unemployment assistance was without fault on the part of any such individual; 

and 

(B) such repayment would be contrary to equity and 

good conscience. 

(3) PREVENTION AND DETECTION BY STATE AGENCY.—The 

State agency shall submit a weekly payment file of all benefit 

payments to the National Directory of New Hires, and shall 

make arrangements for the cross match of the benefit payment 

recipients’ social security numbers with the National Directory 

of New Hires Reported Hire and Benefit payment databases a 

minimum of once each week and investigate all matches. 

(4) RECOVERY BY STATE AGENCY.— (A) IN GENERAL.—The State agency may recover the 

amount to be repaid, or any part thereof, by deductions 

from any oil spill unemployment assistance payable to 

such individual under this section or from any unemployment compensation payable to such individual under any 

State or Federal unemployment compensation law administered by the State agency or under any other State or 

Federal law administered by the State agency which provides for the payment of any assistance or allowance with 

respect to any week of unemployment, during the 3-year 

period after the date such individual received the payment 

of the oil spill unemployment assistance to which such individual was not entitled, except that no single deduction 

may exceed 50 percent of the weekly benefit amount from 

which such deduction is made. 

(B) OPPORTUNITY FOR HEARING.—No repayment shall be 

required, and no deduction shall be made, until a deterVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
33 

mination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, 

and the determination has become final. 

(5) REVIEW.—Any determination by a State agency under 

this subsection shall be subject to review in the same manner 

and to the same extent as determinations under the State unemployment compensation law, and only in that manner and 

to that extent. 

(g) PAYMENTS TO STATES.— (1) BENEFITS.—There shall be paid to each State that has entered into an agreement under this section an amount equal to 

100 percent of the oil spill unemployment assistance paid to individuals by the State under such agreement. 

(2) ADMINISTRATION.—There shall be paid to each State that 

has entered into an agreement under this section such 

amounts as the Secretary determines necessary for the proper 

and efficient administration of such agreement. 

(h) FINANCING.— (1) IN GENERAL.—There are appropriated out of the general 

fund of the United States Treasury such funds as may be necessary in meeting the costs of benefits, Federal administration, 

and State administration of agreements under this section. 

(2) CERTIFICATION.—The Secretary shall from time to time 

certify to the Secretary of the Treasury for payment to each 

State the sums payable to such State under this section. Upon 

receipt of the certification from the Secretary, the Secretary of 

the Treasury shall make payments to the State in accordance 

with such certification, by transfers from the general fund of 

the United States Treasury. 

(i) RELATIONSHIP WITH INCOME REPLACEMENT PAYMENTS FOR

LOST WAGES OR SELF EMPLOYMENT INCOME BY THE RESPONSIBLE

PARTY.— 

(1) The total combined amount an individual receives of oil 

spill unemployment assistance and payments by the responsible party for either lost wages or self-employment income 

shall not exceed the greater of— 

(A) the total amount of unemployment assistance that 

an individual is entitled to receive under subsection (a), as 

determined by the State agency; or 

(B) the liability of the responsible party to such individual for lost wages or self-employment income. 

(2) If a responsible party or the Oil Spill Liability Trust 

Fund under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 

seq.) makes a payment to the individual for lost wages related 

to unemployment resulting from a covered incident, and an individual has previously received unemployment assistance 

under this section for such period of unemployment, the responsible party or the Oil Spill Liability Trust Fund shall subtract from such payment the amount of such unemployment 

assistance and shall reimburse such subtracted amount to the 

United States for deposit in the general fund of the Treasury. 

If a responsible party fails to reimburse such subtracted 

amount pursuant to this paragraph, the Secretary of the 

Treasury shall request the Attorney General to bring a civil action against the responsible party or a guarantor in an approVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
34 

priate district court to recover the amount of the demand, plus 

all costs incurred in obtaining payment including prejudgment 

interest, attorneys fees, and any other administrative and adjudicative costs involved. 

(3) If a responsible party or the Oil Spill Liability Trust 

Fund has made a payment to an individual for lost wages related to unemployment resulting from a covered incident, the 

amount of such payment shall be subtracted from the unemployment assistance under this section that the individual subsequently receives for such period of unemployment. 

(4) Any individual’s receipt of unemployment assistance 

under this section related to unemployment resulting from a 

covered incident shall be conditional on the individual taking 

appropriate actions, as determined by the Secretary, to seek 

payment for lost wages for such period of unemployment under 

the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) from the 

responsible party or the Oil Spill Liability Trust Fund. 

(5) Any individual, as a condition of receiving oil spill unemployment assistance, shall provide informed consent to the 

sharing of benefit information between the State agency and 

the responsible party (or its claim processor) or the Oil Spill 

Liability Trust Fund, as appropriate, for the purpose of determining eligibility and to avoid duplicate payments as deemed 

necessary. 

(6) If the Secretary determines the actions described in paragraphs (2) through (5) have not succeeded in avoiding duplicate 

payments, the Secretary may take such other actions as the 

Secretary determines necessary in order to avoid duplicate 

payments, consistent with the responsible party or the Oil Spill 

Liability Trust Fund making payments to individuals for lost 

wages related to unemployment resulting from a covered incident. 

(7) The Secretary may take such actions as the Secretary determines are necessary for implementing this section, including 

entering into agreements with States that have agreements 

with the Secretary to administer this program, and the responsible party with respect to each State’s administration of this 

program and payments made by the responsible party to claimants for lost wages and self-employment income to establish 

processes for— 

(A) the coordination of payment of oil spill unemployment assistance under this section and payments for lost 

wages and self employment income by the responsible 

party or the Oil Spill Liability Trust Fund so as to minimize duplicate payments to claimants, including methods 

to— 

(i) prevent duplicate payments, such as developing 

methods for claims processing that identify eligibility 

for both types of payments so as to ensure the individual receives no more than the amount specified in 

paragraph (1) of this subsection; 

(ii) document that individuals who received either 

oil spill unemployment assistance or payments by the 

responsible party or the Oil Spill Liability Trust Fund 


jbell on DSKDVH8Z91PROD with REPORTS
35 

prior to execution of the agreement were unemployed 

as a result of the oil spill; and 

(iii) ensure prompt and accurate payment of oil spill 

unemployment assistance under this section or payment of claims by the responsible party or the Oil 

Spill Liability Trust Fund; 

(B) sharing and protecting information regarding an individual’s claim for oil spill unemployment assistance or 

claims for replacement of wages that is necessary to coordinate benefit payments and claims by the responsible 

party or the Oil Spill Liability Trust Fund under subparagraph (A); 

(C) reimbursement by the responsible party to the Federal Government and States for payment of oil spill unemployment assistance to individuals whose unemployment 

was the result of a covered incident and for the administration of this program, which may include the responsible 

party developing a special fund for use by the States to 

pay benefits under this program, in accordance with the 

process developed under subparagraph (A) with a periodic 

reconciliation process to make future claims unnecessary; 

(D) ensuring that the responsible party shall make benefit information available to government organizations 

upon request, subject to the safeguards applicable to confidential unemployment compensation information in Federal law and regulations, which shall apply to the Secretary, the State agencies administering the oil spill unemployment assistance program, the responsible party, and 

the Oil Spill Liability Trust Fund; and 

(E) developing similar agreements with the responsible 

party to coordinate payments of unemployment compensation under State law related to a covered incident and payments made by the responsible party or the Oil Spill Liability Trust Fund. 

(8) The procedures developed under this section may be employed by States to coordinate payments of unemployment 

compensation under State law related to a covered incident 

and payments made by the responsible party or the Oil Spill 

Liability Trust Fund. 

(j) LIABILITY OF RESPONSIBLE PARTIES.—Each responsible party 

under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is liable 

for any costs, net of any payments by the responsible party to the 

United States under subsection (i), incurred by the United States 

under this section and shall, upon the demand of the Secretary of 

the Treasury, reimburse the general fund of the Treasury for these 

costs as well as the costs of the United States in administering its 

responsibilities under this section. If a responsible party fails to 

pay a demand of the Secretary of the Treasury pursuant to this 

subsection, the Secretary shall request the Attorney General to 

bring a civil action against the responsible party or a guarantor in 

an appropriate district court to recover the amount of the demand, 

plus all costs incurred in obtaining payment including prejudgment 

interest, attorneys fees, and any other administrative and adjudicative costs involved. Such reimbursement shall be without regard to 


jbell on DSKDVH8Z91PROD with REPORTS
36 

limits of liability under section 1004 of the Oil Pollution Act of 

1990 (33 U.S.C. 2704). 

(k) EFFECTIVE DATE.—This section shall take effect immediately 

upon enactment of this Act and shall apply to all responsible parties under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), 

including any party determined to be liable under such Act for any 

incident that occurred prior to the enactment of this section. 

(l) DEFINITIONS.—For purposes of this section: 

(1) DUPLICATE PAYMENTS.—The term ‘‘duplicate payments’’ 

includes any payment that would cause the individual to receive payments in excess of the amount determined under 

paragraph (1) of subsection (i). 

(2) RESPONSIBLE PARTY.—The term ‘‘responsible party’’ 

means one or more responsible parties. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(4) STATE.—The term ‘‘State’’ means any State, as such term 

is defined in section 3306(j)(1) of the Federal Unemployment 

Tax Act (26 U.S.C. 3306(j)(1)). 

(5) STATE AGENCY.—The term ‘‘State agency’’ means the 

State agency which administers the unemployment compensation law of the State approved by the Secretary of Labor under 

section 3304 of the Internal Revenue Code of 1986. 

SEC. 4153. (a) IN GENERAL.—Section 173(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is amended— 

(1) in paragraph (3), by striking ‘‘and’’ at the end; 

(2) in paragraph (4), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(5) to provide assistance to the Governor of any State within 

the boundaries of an area that is the subject of a Presidential 

determination that additional resources are necessary to respond to an incident related to a spill of national significance 

declared under the National Contingency Plan provided for 

under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9605) (‘covered incident’) to provide oil spill relief employment 

in the area.’’. 

(b) OIL SPILL RELIEF EMPLOYMENT ASSISTANCE REQUIREMENTS.— 

Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 

2918) is amended by adding at the end the following new subsection: 

‘‘(h) OIL SPILL RELIEF EMPLOYMENT ASSISTANCE REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Funds made available under subsection 

(a)(5)— 

‘‘(A) shall be used to provide oil spill relief employment 

on projects involving the cleaning, restoration, renovation, 

repair and reconstruction of lands, marshes, waters, structures, and facilities located within the area of the covered 

incident, as well as offshore areas related to such incident, 

and projects that provide food, clothing, shelter, and other 

humanitarian assistance to individuals harmed by the covered incident; 


jbell on DSKDVH8Z91PROD with REPORTS
37 

‘‘(B) may be expended through public and private agencies and organizations engaged in such projects; 

‘‘(C) may be expended to provide employment and training activities; 

‘‘(D) may be expended to provide personal protective 

equipment to workers engaged in oil spill relief employment described in subparagraph (A); 

‘‘(E) may be used to increase the capacity of States to 

make available the full range of services authorized under 

this title and provide information (in languages appropriate to the individuals served) about, and access to, the 

variety of public and private services available to individuals adversely affected by the covered incident in One-Stop 

Career Centers and other access points (including other 

public facilities, mobile service delivery units, and social 

services offices); and 

‘‘(F) may be used to provide temporary employment by 

public sector entities for a period not to exceed 6 months, 

in addition to the oil spill relief employment described in 

subparagraph (A). 

‘‘(2) ELIGIBILITY.—An individual shall be eligible for services 

under subsection (a)(5) if such individual is temporarily or permanently laid off as a consequence of the covered incident described in such subsection, is a dislocated worker, is a longterm unemployed individual, or meets such other criteria as 

the Secretary may establish. 

‘‘(3) LIMITATIONS ON OIL SPILL RELIEF EMPLOYMENT ASSIST- ANCE.—No individual shall be employed under subsection (a)(5) 

for more than 6 months for oil spill relief employment related 

to recovery from a single covered incident. The Secretary may, 

upon reviewing a State’s request, extend such employment related to recovery from a single covered incident for up to an additional 6 months. 

‘‘(4) REIMBURSEMENT.—Each responsible party under the Oil 

Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is liable for any 

costs incurred by the United States under this subsection or 

subsection (a)(5) and shall, upon the demand of the Secretary 

of the Treasury, reimburse the general fund of the Treasury for 

the costs incurred under this subsection or subsection (a)(5) as 

well as the costs of the United States in administering its responsibilities under this subsection or subsection (a)(5). If a responsible party fails to pay a demand of the Secretary of the 

Treasury pursuant to this subsection or subsection (a)(5), the 

Secretary shall request the Attorney General to bring a civil 

action against the responsible party or a guarantor in an appropriate district court to recover the amount of the demand, 

plus all costs incurred in obtaining payment including prejudgment interest, attorney’s fees, and any other administrative 

and adjudicative costs involved. Such reimbursement shall be 

without regard to limits of liability under section 1004 of the 

Oil Pollution Act of 1990 (33 U.S.C. 2704). 

‘‘(5) USE OF AVAILABLE FUNDS.—Funds appropriated for fiscal 

years 2009 and 2010 and remaining available for obligation by 

the Secretary to provide any assistance authorized under this 

section shall be available to assist workers affected by a covVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
38 

ered incident, including workers who have relocated from areas 

in which a covered incident has been declared. Under such conditions as the Secretary may approve, any State may use funds 

that remain available for expenditure under any grants awarded to the State under this section to provide any assistance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be subject to the 

reimbursement requirements described in paragraph (4). 

‘‘(6) REQUIREMENTS FOR GRANT APPLICATIONS.—An application submitted to the Secretary under this subsection shall include a detailed description of— 

‘‘(A) how the State will ensure the capacity of One-Stop 

Career Centers and other access points to— 

‘‘(i) provide affected individuals with information, in 

languages appropriate to the individuals served, about 

the range of available services; and 

‘‘(ii) provide affected individuals with access to the 

range of needed services; 

‘‘(B) how the State will prioritize individuals who are 

temporarily or permanently laid off as a consequence of 

the covered incident in the assignment of temporary employment positions; and 

‘‘(C) any other supporting information the Secretary may 

require.’’. 

(c) EFFECTIVE DATE.—This section, and the amendments made 

by this section, shall take effect immediately upon enactment of 

this Act and shall apply to all responsible parties under the Oil 

Pollution Act of 1990 (33 U.S.C. 2701 et seq.), including any party 

determined to be liable under such Act for any incident that occurred prior to the enactment of this Act. 

(d) APPROPRIATION.—There is appropriated $50,000,000 for an 

additional amount for ‘‘Department of Labor—Employment and 

Training Administration—Training and Employment Services’’, to 

carry out section 173(a)(5) and (h) of the Workforce Investment Act 

of 1998 (29 U.S.C. 29l8(a)(5) and (h)) (‘‘WIA’’) as amended by this 

Act, to remain available through June 30, 2011: Provided, That 

funding shall be available upon enactment of this Act, notwithstanding section 189(g)(l) of WIA. 

SEC. 4154. (a) The Secretary of Labor may reserve not more than 

1 percent of the funds available to carry out section 4152 of this 

Act and section 173(h) of the Workforce Investment Act of 1998 (as 

added by section 4153 of this Act) for transfer to appropriate Department of Labor accounts for program administration and support activities in the Department of Labor associated with such sections, and for the increased worker protection and workplace benefit activities and oversight and coordination activities in connection with the application of laws and regulations associated with 

the Department’s response to spills of national significance declared under the National Contingency Plan provided for under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605). 

(b) A responsible party under the Oil Pollution Act of 1990 (33 

U.S.C. 2701 et seq.) shall, upon the demand of the Secretary of the 

Treasury, reimburse the general fund of the Treasury for all or a 


jbell on DSKDVH8Z91PROD with REPORTS
39 

portion of the additional amount appropriated herein, as determined by the Secretary of the Treasury. 

(c) If a responsible party fails to pay a demand of the Secretary 

of the Treasury pursuant to this section, the Secretary shall request the Attorney General to bring a civil action against the responsible party or a guarantor in an appropriate district court to 

recover the amount of the demand, plus all costs incurred in obtaining payment including prejudgment interest, attorneys fees, 

and any other administrative and adjudicative costs involved. Such 

reimbursement shall be without regard to limits of liability under 

section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704). 

(d) This section shall take effect immediately upon enactment of 

this Act and shall apply to all responsible parties under the Oil 

Pollution Act of 1990, including any party determined to be liable 

under such Act for any incident that occurred prior to the enactment of this Act. 

(e) The Secretary of Labor shall provide to the Committees on 

Appropriations of the House of Representatives and the Senate a 

report describing the use of the funds not later than 1 year after 

the date of enactment of this Act. 

(RESCISSION)

SEC. 4155. Of the unobligated balance of funds appropriated 

without fiscal year limitation under the heading ‘‘Department of 

Health and Human Services—Office of the Secretary—Public 

Health and Social Services Emergency Fund’’ in fiscal years 2006 

through 2010 to prepare for and respond to an influenza pandemic 

(including any amount not yet designated by the President as 

emergency funds) and the unobligated balance of funds transferred 

to ‘‘Public Health and Social Services Emergency Fund’’ pursuant 

to the fourth paragraph under such heading in Public Law 111– 

117, $2,000,000,000 is rescinded: Provided, That the Secretary of 

Health and Human Services, in consultation with the Director of 

the Office of Management and Budget, shall determine the amount 

to be rescinded from each appropriation and shall transmit a written notice of such determination to the Committees on Appropriations of the House of Representatives and the Senate not later than 

30 days after enactment of this Act: Provided further, That section 

3002 shall not apply to $500,000,000 of the amount in this section. 

(RESCISSION)

SEC. 4156. Of the funds appropriated for ‘‘Department of Education—Innovation and Improvement’’ in division D of Public Law 

111–117 (123 Stat. 3263), $100,000,000 is rescinded, to be derived 

only from the amount available for grants authorized under subpart I of part B of title V of the Elementary and Secondary Education Act of 1965: Provided, That section 3002 shall not apply to 

the amount in this section. 

(RESCISSION)

SEC. 4157. Of the funds appropriated for ‘‘Department of Education—Innovation and Improvement’’ in division A of Public Law 

111–5 (123 Stat. 182) and division D of Public Law 111–117 (123 

Stat. 3263), $200,000,000 is rescinded, to be derived only from 


jbell on DSKDVH8Z91PROD with REPORTS
40 

amounts available for the Teacher Incentive Fund: Provided, That 

section 3002 shall not apply to $100,000,000 of the amount in this 

section. 

(RESCISSION)

SEC. 4158. Of the funds appropriated for ‘‘Department of Education—State Fiscal Stabilization Fund’’ in title XIV of division A 

of the American Recovery and Reinvestment Act of 2009 (Public 

Law 111–5; 123 Stat. 279), $500,000,000 is rescinded, to be derived 

only from the amount made available for grants under section 

14006 of such title and through a corresponding reduction in the 

total amount reserved under section 14001(c) of such title for 

grants under such section 14006. 

SEC. 4159. Amounts appropriated to the Architect of the Capitol 

in the Legislative Branch Appropriations Act, 2006 (Public Law 

109–55) under the heading ‘‘Architect of the Capitol—Capitol Police 

Building and Grounds’’ and that remain available until September 

30, 2010, and amounts appropriated to the Architect of the Capitol 

in the Legislative Branch Appropriations Act, 2010 (Public Law 

111–68) under the heading ‘‘Architect of the Capitol—Capitol Police 

Buildings, Grounds and Security’’ and that remain available until 

September 30, 2014, shall be available to the Architect of the Capitol for the purchase of real property (including any buildings or facilities) for the use of the Capitol Police. 

SEC. 4160. (a) TERMINATION OF OEPPO.—Section 905 of the 

Emergency Supplemental Act, 2002 (2 U.S.C. 130i) is repealed. 

(b) TRANSFER TO SERGEANT AT ARMS.—The functions and responsibilities of the Office of Emergency Planning, Preparedness, and 

Operations under section 905 of the Emergency Supplemental Act, 

2002 (2 U.S.C. 130i) (as in effect on the day before the date referred to in subsection (c)) shall be transferred and assigned to the 

Sergeant at Arms of the House of Representatives. 

(c) EFFECTIVE DATE.—This section and the amendment made by 

this section shall take effect February 1, 2010. 

(RESCISSION)

SEC. 4161. Of the unobligated balances available to the Architect 

of the Capitol from prior year appropriations for the Capitol Visitor 

Center project, $5,000,000 is rescinded: Provided, That section 3002 

shall not apply to the amount in this section. 

(RESCISSION)

SEC. 4162. Of the unobligated balances available under ‘‘Department of Defense, Military Construction, Army’’ from prior appropriations Acts, $340,000,000 is rescinded: Provided, That no funds 

may be rescinded from amounts that were designated by the Congress as an emergency requirement or as appropriations for overseas deployments and other activities pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That section 3002 shall 

not apply to the amount in this section. 


jbell on DSKDVH8Z91PROD with REPORTS
41 

(RESCISSION)

SEC. 4163. Of the unobligated balances available under ‘‘Department of Defense, Military Construction, Navy and Marine Corps’’ 

from prior appropriations Acts, $110,000,000 is rescinded: Provided, That no funds may be rescinded from amounts that were 

designated by the Congress as an emergency requirement or as appropriations for overseas deployments and other activities pursuant 

to a concurrent resolution on the budget or the Balanced Budget 

and Emergency Deficit Control Act of 1985: Provided further, That 

section 3002 shall not apply to the amount in this section. 

(RESCISSION)

SEC. 4164. Of the unobligated balances available under ‘‘Department of Defense, Military Construction, Air Force’’ from prior appropriations Acts, $50,000,000 is rescinded: Provided, That no 

funds may be rescinded from amounts that were designated by the 

Congress as an emergency requirement or as appropriations for 

overseas deployments and other activities pursuant to a concurrent 

resolution on the budget or the Balanced Budget and Emergency 

Deficit Control Act of 1985: Provided further, That section 3002 

shall not apply to the amount in this section. 

(RESCISSION)

SEC. 4165. Of the funds made available for the General Operating Expenses account of the Department of Veterans Affairs in 

section 2201(e)(4)(A)(ii) of division B of Public Law 111–5 (123 Stat. 

454; 26 U.S.C. 6428 note), $6,100,000 is rescinded. 

SEC. 4166. None of the funds appropriated or otherwise made 

available by this Act may be obligated by any covered executive 

agency in contravention of the certification requirement of section 

6(b) of the Iran Sanctions Act of 1996, as included in the revisions 

to the Federal Acquisition Regulation pursuant to such section. 

(RESCISSIONS)

SEC. 4167. (a) MILLENNIUM CHALLENGE CORPORATION.—Of the 

unobligated balances available under the heading ‘‘Millennium 

Challenge Corporation’’ in title III of division H of Public Law 111– 

8 and under such heading in prior Acts making appropriations for 

the Department of State, foreign operations, and related programs, 

$150,000,000 is rescinded. 

(b) CIVILIAN STABILIZATION INITIATIVE.— (1) DEPARTMENT OF STATE.—Of the unobligated balances 

available under the heading ‘‘Department of State—Administration of Foreign Affairs—Civilian Stabilization Initiative’’ in 

prior Acts making appropriations for the Department of State, 

foreign operations, and related programs, $40,000,000 is rescinded. 

(2) UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.—Of the unobligated balances available under the heading ‘‘United States Agency for International Development— 

Funds Appropriated to the President—Civilian Stabilization 

Initiative’’ in prior Acts making appropriations for the Department of State, foreign operations, and related programs, 

$30,000,000 is rescinded. 


jbell on DSKDVH8Z91PROD with REPORTS
42 

(c) Section 3002 shall not apply to the amounts in this section. 

(RESCISSION)

SEC. 4168. Of the unobligated balances available under the heading ‘‘Capital Investment Fund’’ in title XI of division A of Public 

Law 111-5, $40,000,000 is rescinded. 

(RESCISSION)

SEC. 4169. Of the unobligated balances of funds made available 

under section 108(b) of Public Law 101–100, as added by Public 

Law 101–130, to the Emergency Fund authorized by section 125 of 

title 23, United States Code, $10,893,687 is rescinded: Provided, 

That section 3002 shall not apply to the amount in this section. 

(RESCISSIONS)

SEC. 4170. There are rescinded the following amounts from the 

specified accounts: 

(1) ‘‘Department of Transportation—Federal Aviation Administration—Facilities and Equipment’’, $2,182,544, to be derived 

from unobligated balances made available under this heading 

in Public Law 108–324. 

(2) ‘‘Department of Transportation—Federal Aviation Administration—Facilities and Equipment’’, $5,705,750, to be derived 

from unobligated balances made available under this heading 

in Public Law 109–148. 

(3) ‘‘Department of Housing and Urban Development—Community Planning and Development—Community Development 

Fund’’, $111,602,923, to be derived from unobligated balances 

made available under this heading in chapter 10 of title I of 

division B of Public Law 110–329. 

SEC. 4171. The item relating to ‘‘Federal Housing Administration—General and Special Risk Program Account’’ in title II of division A of the Consolidated Appropriations Act, 2010 (Public Law 

111–117; 123 Stat. 3091) is amended by striking ‘‘$15,000,000,000’’ 

and inserting ‘‘$20,000,000,000’’: Provided, That section 3002 shall 

not apply to the amount in this section. 

SEC. 4172. Section 1117(d) of the Transportation Equity Act for 

the 21st Century (112 Stat. 161) is repealed and the designation 

made by that section shall no longer be effective. 

(RESCISSION)

SEC. 4173. Of the unobligated balances of contract authority apportioned to each State for the programs listed in section 105(a)(2) 

of title 23, United States Code (except the equity bonus program 

under section 105 of such title and the high priority projects program under section 117 of such title), $2,200,000,000 is permanently rescinded: Provided, That such rescission shall be distributed within each State among all programs for which funds were 

apportioned for fiscal year 2009 and to which the rescission applies, 

to the extent sufficient funds remain available for obligation, in the 

ratio that the amount of funds apportioned for each such program 

for such fiscal year, bears to the amount of funds apportioned for 

all such programs for such fiscal year: Provided further, That funds 

set aside under sections 133(d)(2) and 133(d)(3) of title 23, United 


jbell on DSKDVH8Z91PROD with REPORTS
43 

States Code, shall be treated as being apportioned for the purposes 

of this section: Provided further, That section 1132 of Public Law 

110–140 shall not apply to the rescission under this section: Provided further, That section 3002 shall not apply to the amount in 

this section. 

(RESCISSION)

SEC. 4174. Of the unobligated balances of funds under the heading ‘‘Department of Housing and Urban Development—Community 

Planning and Development—Community Development Fund’’ made 

available by section 159 of Public Law 110–92, as added by division 

B of Public Law 110–116, $400,000,000 is rescinded. 

CHAPTER 2 

PRESERVE ACCESS TO AFFORDABLE GENERICS ACT 

SHORT TITLE

SEC. 4201. This chapter may be cited as the ‘‘Preserve Access to 

Affordable Generics Act’’. 

UNLAWFUL COMPENSATION FOR DELAY

SEC. 4202. (a) IN GENERAL.—The Federal Trade Commission Act 

(15 U.S.C. 44 et seq.) is amended— 

(1) by redesignating section 28 as section 29; and 

(2) by inserting before section 29, as redesignated, the following: 

‘‘SEC. 28. PRESERVING ACCESS TO AFFORDABLE GENERICS. 

‘‘(a) IN GENERAL.— 

‘‘(1) ENFORCEMENT PROCEEDING.—The Federal Trade Commission may initiate a proceeding to enforce the provisions of 

this section against the parties to any agreement resolving or 

settling, on a final or interim basis, a patent infringement 

claim, in connection with the sale of a drug product. 

‘‘(2) PRESUMPTION.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), in such 

a proceeding, an agreement shall be presumed to have 

anticompetitive effects and be unlawful if— 

‘‘(i) an ANDA filer receives anything of value; and 

‘‘(ii) the ANDA filer agrees to limit or forego research, development, manufacturing, marketing, or 

sales of the ANDA product for any period of time. 

‘‘(B) EXCEPTION.—The presumption in subparagraph (A) 

shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. 

‘‘(b) COMPETITIVE FACTORS.—In determining whether the settling 

parties have met their burden under subsection (a)(2)(B), the fact 

finder shall consider— 

‘‘(1) the length of time remaining until the end of the life of 

the relevant patent, compared with the agreed upon entry date 

for the ANDA product; 


jbell on DSKDVH8Z91PROD with REPORTS
44 

‘‘(2) the value to consumers of the competition from the 

ANDA product allowed under the agreement; 

‘‘(3) the form and amount of consideration received by the 

ANDA filer in the agreement resolving or settling the patent 

infringement claim; 

‘‘(4) the revenue the ANDA filer would have received by winning the patent litigation; 

‘‘(5) the reduction in the NDA holder’s revenues if it had lost 

the patent litigation; 

‘‘(6) the time period between the date of the agreement conveying value to the ANDA filer and the date of the settlement 

of the patent infringement claim; and 

‘‘(7) any other factor that the fact finder, in its discretion, 

deems relevant to its determination of competitive effects 

under this subsection. 

‘‘(c) LIMITATIONS.—In determining whether the settling parties 

have met their burden under subsection (a)(2)(B), the fact finder 

shall not presume— 

‘‘(1) that entry would not have occurred until the expiration 

of the relevant patent or statutory exclusivity; or 

‘‘(2) that the agreement’s provision for entry of the ANDA 

product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is pro-competitive, 

although such evidence may be relevant to the fact finder’s determination under this section. 

‘‘(d) EXCLUSIONS.—Nothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration granted by the NDA holder to the ANDA filer as part 

of the resolution or settlement includes only one or more of the following: 

‘‘(1) The right to market the ANDA product in the United 

States prior to the expiration of— 

‘‘(A) any patent that is the basis for the patent infringement claim; or 

‘‘(B) any patent right or other statutory exclusivity that 

would prevent the marketing of such drug. 

‘‘(2) A payment for reasonable litigation expenses not to exceed $7,500,000. 

‘‘(3) A covenant not to sue on any claim that the ANDA product infringes a United States patent. 

‘‘(e) REGULATIONS AND ENFORCEMENT.— 

‘‘(1) REGULATIONS.—The Federal Trade Commission may 

issue, in accordance with section 553 of title 5, United States 

Code, regulations implementing and interpreting this section. 

These regulations may exempt certain types of agreements described in subsection (a) if the Commission determines such 

agreements will further market competition and benefit consumers. Judicial review of any such regulation shall be in the 

United States District Court for the District of Columbia pursuant to section 706 of title 5, United States Code. 

‘‘(2) ENFORCEMENT.—A violation of this section shall be 

treated as a violation of section 5. 

‘‘(3) JUDICIAL REVIEW.—Any person, partnership or corporation that is subject to a final order of the Commission, issued 

in an administrative adjudicative proceeding under the authorVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00044 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
45 

ity of subsection (a)(1), may, within 30 days of the issuance of 

such order, petition for review of such order in the United 

States Court of Appeals for the District of Columbia Circuit or 

the United States Court of Appeals for the circuit in which the 

ultimate parent entity, as defined at 16 C.F.R. 801.1(a)(3), of 

the NDA holder is incorporated as of the date that the NDA 

is filed with the Secretary of the Food and Drug Administration, or the United States Court of Appeals for the circuit in 

which the ultimate parent entity of the ANDA filer is incorporated as of the date that the ANDA is filed with the Secretary of the Food and Drug Administration. In such a review 

proceeding, the findings of the Commission as to the facts, if 

supported by evidence, shall be conclusive. 

‘‘(f) ANTITRUST LAWS.—Nothing in this section shall be construed 

to modify, impair, or supersede the applicability of the antitrust 

laws as defined in subsection (a) of the first section of the Clayton 

Act (15 U.S.C. 12(a)) and of section 5 of this Act to the extent that 

section 5 applies to unfair methods of competition. Nothing in this 

section shall modify, impair, limit or supersede the right of an 

ANDA filer to assert claims or counterclaims against any person, 

under the antitrust laws or other laws relating to unfair competition. 

‘‘(g) PENALTIES.— ‘‘(1) FORFEITURE.—Each person, partnership or corporation 

that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to 

deter violations of this section, but in no event greater than 3 

times the value received by the party that is reasonably attributable to a violation of this section. If no such value has been 

received by the NDA holder, the penalty to the NDA holder 

shall be shall be sufficient to deter violations, but in no event 

greater than 3 times the value given to the ANDA filer reasonably attributable to the violation of this section. Such penalty 

shall accrue to the United States and may be recovered in a 

civil action brought by the Federal Trade Commission, in its 

own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any person, partnership or corporation that violates this section. In 

such actions, the United States district courts are empowered 

to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. 

‘‘(2) CEASE AND DESIST.— 

‘‘(A) IN GENERAL.—If the Commission has issued a cease 

and desist order with respect to a person, partnership or 

corporation in an administrative adjudicative proceeding 

under the authority of subsection (a)(1), an action brought 

pursuant to paragraph (1) may be commenced against 

such person, partnership or corporation at any time before 

the expiration of 1 year after such order becomes final pursuant to section 5(g). 

‘‘(B) EXCEPTION.—In an action under subparagraph (A), 

the findings of the Commission as to the material facts in 

the administrative adjudicative proceeding with respect to 

such person’s, partnership’s or corporation’s violation of 

this section shall be conclusive unless— 


jbell on DSKDVH8Z91PROD with REPORTS
46 

‘‘(i) the terms of such cease and desist order expressly provide that the Commission’s findings shall 

not be conclusive; or 

‘‘(ii) the order became final by reason of section 

5(g)(1), in which case such finding shall be conclusive 

if supported by evidence. 

‘‘(3) CIVIL PENALTY.—In determining the amount of the civil 

penalty described in this section, the court shall take into account— 

‘‘(A) the nature, circumstances, extent, and gravity of the 

violation; 

‘‘(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits 

earned by the NDA holder, compensation received by the 

ANDA filer, and the amount of commerce affected; and 

‘‘(C) other matters that justice requires. 

‘‘(4) REMEDIES IN ADDITION.—Remedies provided in this subsection are in addition to, and not in lieu of, any other remedy 

provided by Federal law. Nothing in this paragraph shall be 

construed to affect any authority of the Commission under any 

other provision of law. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) AGREEMENT.—The term ‘agreement’ means anything 

that would constitute an agreement under section 1 of the 

Sherman Act (15 U.S.C. 1) or section 5 of this Act. 

‘‘(2) AGREEMENT RESOLVING OR SETTLING A PATENT INFRINGEMENT CLAIM.—The term ‘agreement resolving or settling a patent infringement claim’ includes any agreement that is entered 

into within 30 days of the resolution or the settlement of the 

claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the 

resolution or settlement of the claim. 

‘‘(3) ANDA.—The term ‘ANDA’ means an abbreviated new 

drug application, as defined under section 505(j) of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)). 

‘‘(4) ANDA FILER.—The term ‘ANDA filer’ means a party who 

has filed an ANDA with the Food and Drug Administration. 

‘‘(5) ANDA PRODUCT.—The term ‘ANDA product’ means the 

product to be manufactured under the ANDA that is the subject of the patent infringement claim. 

‘‘(6) DRUG PRODUCT.—The term ‘drug product’ means a finished dosage form (e.g., tablet, capsule, or solution) that contains a drug substance, generally, but not necessarily, in association with 1 or more other ingredients, as defined in section 

314.3(b) of title 21, Code of Federal Regulations. 

‘‘(7) NDA.—The term ‘NDA’ means a new drug application, 

as defined under section 505(b) of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 355(b)). 

‘‘(8) NDA HOLDER.—The term ‘NDA holder’ means— 

‘‘(A) the party that received FDA approval to market a 

drug product pursuant to an NDA; 

‘‘(B) a party owning or controlling enforcement of the 

patent listed in the Approved Drug Products With TheraVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
47 

peutic Equivalence Evaluations (commonly known as the 

‘FDA Orange Book’) in connection with the NDA; or 

‘‘(C) the predecessors, subsidiaries, divisions, groups, and 

affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs 

(A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as 

the licensees, licensors, successors, and assigns of each of 

the entities. 

‘‘(9) PATENT INFRINGEMENT.—The term ‘patent infringement’ 

means infringement of any patent or of any filed patent application, extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition and extensions thereof. 

‘‘(10) PATENT INFRINGEMENT CLAIM.—The term ‘patent infringement claim’ means any allegation made to an ANDA 

filer, whether or not included in a complaint filed with a court 

of law, that its ANDA or ANDA product may infringe any patent held by, or exclusively licensed to, the NDA holder of the 

drug product. 

‘‘(11) STATUTORY EXCLUSIVITY.—The term ‘statutory exclusivity’ means those prohibitions on the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- 

and 3-year data exclusivity), section 527 (orphan drug exclusivity), or section 505A (pediatric exclusivity) of the Federal 

Food, Drug, and Cosmetic Act .’’. 

(b) EFFECTIVE DATE.—Section 28 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 28(a)(1) of that Act entered into after November 

15, 2009. Section 28(g) of the Federal Trade Commission Act, as 

added by this section, shall not apply to agreements entered into 

before the date of enactment of this chapter. 

NOTICE AND CERTIFICATION OF AGREEMENTS

SEC. 4203. (a) NOTICE OF ALL AGREEMENTS.—Section 1112(c)(2) 

of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 355 note) is amended— 

(1) by striking ‘‘the Commission the’’ and inserting the following: ‘‘the Commission— 

‘‘(1) the’’; 

(2) by striking the period and inserting ‘‘; and’’; and 

(3) by inserting at the end the following: 

‘‘(2) any other agreement the parties enter into within 30 

days of entering into an agreement covered by subsection (a) 

or (b).’’. 

(b) CERTIFICATION OF AGREEMENTS.—Section 1112 of such Act is 

amended by adding at the end the following: 

‘‘(d) CERTIFICATION.—The Chief Executive Officer or the company 

official responsible for negotiating any agreement required to be 

filed under subsection (a), (b), or (c) shall execute and file with the 

Assistant Attorney General and the Commission a certification as 

follows: ‘I declare that the following is true, correct, and complete 

to the best of my knowledge: The materials filed with the Federal 

Trade Commission and the Department of Justice under section 

1112 of subtitle B of title XI of the Medicare Prescription Drug, ImVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00047 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
48 

provement, and Modernization Act of 2003, with respect to the 

agreement referenced in this certification: (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide 

a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral 

agreements, representations, commitments, or promises between 

the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.’.’’. 

FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD

SEC. 4204. Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug 

and Cosmetic Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ‘‘section 28 of the Federal Trade Commission Act or’’ after 

‘‘that the agreement has violated’’. 

COMMISSION LITIGATION AUTHORITY

SEC. 4205. Section 16(a)(2) of the Federal Trade Commission Act 

(15 U.S.C. 56(a)(2)) is amended— 

(1) in subparagraph (D), by striking ‘‘or’’ after the semicolon; 

(2) in subparagraph (E), by inserting ‘‘or’’ after the semicolon; and 

(3) by inserting after subparagraph (E) the following: 

‘‘(F) under section 28;’’. 

STATUTE OF LIMITATIONS

SEC. 4206. The Commission shall commence any enforcement 

proceeding described in section 28 of the Federal Trade Commission Act, as added by section 3202, except for an action described 

in section 28(g)(2) of the Federal Trade Commission Act, not later 

than 3 years after the date on which the parties to the agreement 

file the Notice of Agreement as provided by section 1112(c) of the 

Medicare Prescription Drug Improvement and Modernization Act of 

2003 (21 U.S.C. 355 note). 

SEVERABILITY

SEC. 4207. If any provision of this chapter, an amendment made 

by this chapter, or the application of such provision or amendment 

to any person or circumstance is held to be unconstitutional, the 

remainder of this chapter, the amendments made by this chapter, 

and the application of the provisions of such chapter or amendments to any person or circumstance shall not be affected thereby. 

CHAPTER 3 

COMPUTATION OF MEDICAID AVERAGE MANUFACTURER 

PRICE 

COMPUTATION OF MEDICAID AVERAGE MANUFACTURER PRICE (AMP)

FOR DRUGS NOT DISPENSED THROUGH RETAIL COMMUNITY PHARMACIES

SEC. 4301. (a) IN GENERAL.—Section 1927(k)(1)(B)(i)(IV) of the 

Social Security Act (42 U.S.C. 1396r–8(k)(1)(B)(i)(IV)), as amended 

by section 2503(a)(2)(B) of the Patient Protection and Affordable 


jbell on DSKDVH8Z91PROD with REPORTS
49 

Care Act (Public Law 111–148) and by section 1102(c)(2) of the 

Health Care and Education Reconciliation Act of 2010 (Public Law 

111–152), is amended by inserting after ‘‘retail community pharmacy’’ the following: ‘‘, except that in the case of an inhalation, infusion, or injectable drug that is not dispensed through a retail 

community pharmacy, the exclusion under this subclause shall not 

apply to payments received from, and rebates and discounts provided to, distributors or hospitals, clinics, doctors, and other entities directly dispensing the drug; and’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as if included in section 2503 of Public Law 111– 

148. 

CHAPTER 4 

PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT 

SHORT TITLE

SEC. 4401. This chapter may be cited as the ‘‘Public Safety Employer-Employee Cooperation Act of 2010’’. 

DECLARATION OF PURPOSE AND POLICY

SEC. 4402. The Congress declares that the following is the policy 

of the United States: 

(1) Labor-management relationships and partnerships are 

based on trust, mutual respect, open communication, bilateral 

consensual problem solving, and shared accountability. Labormanagement cooperation fully utilizes the strengths of both 

parties to best serve the interests of the public, operating as 

a team, to carry out the public safety mission in a quality work 

environment. In many public safety agencies, it is the union 

that provides the institutional stability as elected leaders and 

appointees come and go. 

(2) State and local public safety officers play an essential role 

in the efforts of the United States to detect, prevent, and respond to terrorist attacks, and to respond to natural disasters, 

hazardous materials, and other mass casualty incidents. State 

and local public safety officers, as first responders, are a component of our Nation’s National Incident Management System, 

developed by the Department of Homeland Security to coordinate response to and recovery from terrorism, major natural 

disasters, and other major emergencies. Public safety employer-employee cooperation is essential in meeting these 

needs and is, therefore, in the National interest. 

(3) The Federal Government needs to encourage conciliation, 

mediation, and voluntary arbitration to aid and encourage employers and the representatives of their employees to reach and 

maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts through negotiations to settle their differences by mutual agreement 

reached through collective bargaining or by such methods as 

may be provided for in any applicable agreement for the settlement of disputes. 

(4) The absence of adequate cooperation between public safety employers and employees has implications for the security 


jbell on DSKDVH8Z91PROD with REPORTS
50 

of employees and can affect interstate and intrastate commerce. The lack of such labor-management cooperation can 

detrimentally impact the upgrading of police and fire services 

of local communities, the health and well-being of public safety 

officers, and the morale of the fire and police departments. Additionally, these factors could have significant commercial repercussions. Moreover, providing minimal standards for collective bargaining negotiations in the public safety sector can prevent industrial strife between labor and management that 

interferes with the normal flow of commerce. 

(5) Many States and localities already provide public safety 

officers with collective bargaining rights comparable to or 

greater than the rights and responsibilities set forth in this 

chapter, and such State and local laws should be respected. 

DEFINITIONS

SEC. 4403. In this chapter: 

(1) AUTHORITY.—The term ‘‘Authority’’ means the Federal 

Labor Relations Authority. 

(2) CONFIDENTIAL EMPLOYEE.—The term ‘‘confidential employee’’ has the meaning given such term under applicable 

State law on the date of enactment of this Act. If no such State 

law is in effect, the term means an individual, employed by a 

public safety employer, who— 

(A) is designated as confidential; and 

(B) is an individual who routinely assists, in a confidential capacity, supervisory employees and management employees. 

(3) EMERGENCY MEDICAL SERVICES PERSONNEL.—The term 

‘‘emergency medical services personnel’’ means an individual 

who provides out-of-hospital emergency medical care, including 

an emergency medical technician, paramedic, or first responder. 

(4) EMPLOYER; PUBLIC SAFETY AGENCY.—The terms ‘‘employer’’ and ‘‘public safety agency’’ mean any State, or political 

subdivision of a State, that employs public safety officers. 

(5) FIREFIGHTER.—The term ‘‘firefighter’’ has the meaning 

given the term ‘‘employee engaged in fire protection activities’’ 

in section 3(y) of the Fair Labor Standards Act of 1938 (29 

U.S.C. 203(y)). 

(6) LABOR ORGANIZATION.—The term ‘‘labor organization’’ 

means an organization composed in whole or in part of employees, in which employees participate, and which represents such 

employees before public safety agencies concerning grievances, 

conditions of employment, and related matters. 

(7) LAW ENFORCEMENT OFFICER.—The term ‘‘law enforcement 

officer’’ has the meaning given such term in section 1204 of the 

Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3796b). 

(8) MANAGEMENT EMPLOYEE.—The term ‘‘management employee’’ has the meaning given such term under applicable 

State law in effect on the date of enactment of this Act. If no 

such State law is in effect, the term means an individual employed by a public safety employer in a position that requires 


jbell on DSKDVH8Z91PROD with REPORTS
51 

or authorizes the individual to formulate, determine, or influence the policies of the employer. 

(9) PERSON.—The term ‘‘person’’ means an individual or a 

labor organization. 

(10) PUBLIC SAFETY OFFICER.—The term ‘‘public safety officer’’— 

(A) means an employee of a public safety agency who is 

a law enforcement officer, a firefighter, or an emergency 

medical services personnel; 

(B) includes an individual who is temporarily transferred to a supervisory or management position; and 

(C) does not include a permanent supervisory, management, or confidential employee. 

(11) STATE.—The term ‘‘State’’ means each of the several 

States of the United States, the District of Columbia, and any 

territory or possession of the United States. 

(12) SUBSTANTIALLY PROVIDES.—The term ‘‘substantially provides’’, when used with respect to the rights and responsibilities described in section 3404(b), means compliance with each 

right and responsibility described in such section. 

(13) SUPERVISORY EMPLOYEE.—The term ‘‘supervisory employee’’ has the meaning given such term under applicable 

State law in effect on the date of enactment of this Act. If no 

such State law is in effect, the term means an individual, employed by a public safety employer, who— 

(A) has the authority in the interest of the employer to 

hire, direct, assign, promote, reward, transfer, furlough, 

lay off, recall, suspend, discipline, or remove public safety 

officers, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not 

merely routine or clerical in nature but requires the consistent exercise of independent judgment; and 

(B) devotes a majority of time at work to exercising such 

authority. 

DETERMINATION OF RIGHTS AND RESPONSIBILITIES

SEC. 4404. (a) DETERMINATION.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Authority shall make a determination as to whether a State substantially provides for the rights 

and responsibilities described in subsection (b). 

(2) CONSIDERATION OF ADDITIONAL OPINIONS.—In making the 

determination described in paragraph (1), the Authority shall 

consider the opinions of affected employers and labor organizations. In the case where the Authority is notified by an affected 

employer and labor organization that both parties agree that 

the law applicable to such employer and labor organization 

substantially provides for the rights and responsibilities described in subsection (b), the Authority shall give such agreement weight to the maximum extent practicable in making the 

Authority’s determination under this subsection. 

(3) LIMITED CRITERIA.—In making the determination described in paragraph (1), the Authority shall be limited to the 

application of the criteria described in subsection (b) and shall 

not require any additional criteria. 


jbell on DSKDVH8Z91PROD with REPORTS
52 

(4) SUBSEQUENT DETERMINATIONS.— (A) IN GENERAL.—A determination made pursuant to 

paragraph (1) shall remain in effect unless and until the 

Authority issues a subsequent determination, in accordance with the procedures set forth in subparagraph (B). 

(B) PROCEDURES FOR SUBSEQUENT DETERMINATIONS.— Upon establishing that a material change in State law or 

its interpretation has occurred, an employer or a labor organization may submit a written request for a subsequent 

determination. If satisfied that a material change in State 

law or its interpretation has occurred, the Authority shall 

issue a subsequent determination not later than 30 days 

after receipt of such request. 

(5) JUDICIAL REVIEW.—Any person or employer aggrieved by 

a determination of the Authority under this section may, during the 60-day period beginning on the date on which the determination was made, petition any United States Court of Appeals in the circuit in which the person or employer resides or 

transacts business or in the District of Columbia circuit, for judicial review. In any judicial review of a determination by the 

Authority, the procedures contained in subsections (c) and (d) 

of section 7123 of title 5, United States Code, shall be followed. 

(b) RIGHTS AND RESPONSIBILITIES.—In making a determination 

described in subsection (a), the Authority shall consider a State’s 

law to substantially provide the required rights and responsibilities 

unless such law fails to provide rights and responsibilities comparable to or greater than the following: 

(1) Granting public safety officers the right to form and join 

a labor organization, which may exclude management employees, supervisory employees, and confidential employees, that is, 

or seeks to be, recognized as the exclusive bargaining representative of such employees. 

(2) Requiring public safety employers to recognize the employees’ labor organization (freely chosen by a majority of the 

employees), to agree to bargain with the labor organization, 

and to commit any agreements to writing in a contract or 

memorandum of understanding. 

(3) Providing for the right to bargain over hours, wages, and 

terms and conditions of employment. 

(4) Making available an interest impasse resolution mechanism, such as fact-finding, mediation, arbitration, or comparable procedures. 

(5) Requiring enforcement of all rights, responsibilities, and 

protections provided by State law and enumerated in this section, and of any written contract or memorandum of understanding between a labor organization and a public safety employer, through— 

(A) a State administrative agency, if the State so chooses; and 

(B) at the election of an aggrieved party, the State 

courts. 

(c) COMPLIANCE WITH REQUIREMENTS.—If the Authority determines, acting pursuant to its authority under subsection (a), that 

a State substantially provides rights and responsibilities described 

in subsection (b), then this chapter shall not preempt State law. 


jbell on DSKDVH8Z91PROD with REPORTS
53 

(d) FAILURE TO MEET REQUIREMENTS.— (1) IN GENERAL.—If the Authority determines, acting pursuant to its authority under subsection (a), that a State does not 

substantially provide for the rights and responsibilities described in subsection (b), then such State shall be subject to 

the regulations and procedures described in section 3405 beginning on the later of— 

(A) the date that is 2 years after the date of enactment 

of this Act; 

(B) the date that is the last day of the first regular session of the legislature of the State that begins after the 

date of the enactment of this Act; or 

(C) in the case of a State receiving a subsequent determination under subsection (a)(4), the date that is the last 

day of the first regular session of the legislature of the 

State that begins after the date the Authority made the 

determination. 

(2) PARTIAL FAILURE.—If the Authority makes a determination that a State does not substantially provide for the rights 

and responsibilities described in subsection (b) solely because 

the State law substantially provides for such rights and responsibilities for certain categories of public safety officers covered by this chapter but not others, the Authority shall identify 

those categories of public safety officers that shall be subject 

to the regulations and procedures described in section 4405, 

pursuant to section 4408(b)(3) and beginning on the appropriate date described in paragraph (1), and those categories of 

public safety officers that shall remain subject to State law. 

ROLE OF FEDERAL LABOR RELATIONS AUTHORITY

SEC. 4405. (a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Authority shall issue regulations in 

accordance with the rights and responsibilities described in section 

4404(b) establishing collective bargaining procedures for employers 

and public safety officers in States which the Authority has determined, acting pursuant to section 4404(a), do not substantially provide for such rights and responsibilities. 

(b) ROLE OF THE FEDERAL LABOR RELATIONS AUTHORITY.—The 

Authority, to the extent provided in this chapter and in accordance 

with regulations prescribed by the Authority, shall— 

(1) determine the appropriateness of units for labor organization representation; 

(2) supervise or conduct elections to determine whether a 

labor organization has been selected as an exclusive representative by a voting majority of the employees in an appropriate 

unit; 

(3) resolve issues relating to the duty to bargain in good 

faith; 

(4) conduct hearings and resolve complaints of unfair labor 

practices; 

(5) resolve exceptions to the awards of arbitrators; 

(6) protect the right of each employee to form, join, or assist 

any labor organization, or to refrain from any such activity, 

freely and without fear of penalty or reprisal, and protect each 

employee in the exercise of such right; and 


jbell on DSKDVH8Z91PROD with REPORTS
54 

(7) take such other actions as are necessary and appropriate 

to effectively administer this chapter, including issuing subpoenas requiring the attendance and testimony of witnesses 

and the production of documentary or other evidence from any 

place in the United States, and administering oaths, taking or 

ordering the taking of depositions, ordering responses to written interrogatories, and receiving and examining witnesses. 

(c) ENFORCEMENT.— 

(1) AUTHORITY TO PETITION COURT.—The Authority may petition any United States Court of Appeals with jurisdiction over 

the parties, or the United States Court of Appeals for the District of Columbia Circuit, to enforce any final orders under this 

section, and for appropriate temporary relief or a restraining 

order. Any petition under this section shall be conducted in accordance with subsections (c) and (d) of section 7123 of title 5, 

United States Code. 

(2) PRIVATE RIGHT OF ACTION.—Unless the Authority has 

filed a petition for enforcement as provided in paragraph (1), 

any party has the right to file suit in any appropriate district 

court of the United States to enforce compliance with the regulations issued by the Authority pursuant to subsection (b), and 

to enforce compliance with any order issued by the Authority 

pursuant to this section. The right provided by this subsection 

to bring a suit to enforce compliance with any order issued by 

the Authority pursuant to this section shall terminate upon the 

filing of a petition seeking the same relief by the Authority. 

STRIKES AND LOCKOUTS PROHIBITED

SEC. 4406. (a) IN GENERAL.—Subject to subsection (b), an employer, public safety officer, or labor organization may not engage 

in a lockout, sickout, work slowdown, strike, or any other organized 

job action that will measurably disrupt the delivery of emergency 

services and is designed to compel an employer, public safety officer, or labor organization to agree to the terms of a proposed contract. 

(b) NO PREEMPTION.—Nothing in this section shall be construed 

to preempt any law of any State or political subdivision of any 

State with respect to strikes by public safety officers. 

EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS

SEC. 4407. A certification, recognition, election-held, collective 

bargaining agreement or memorandum of understanding which has 

been issued, approved, or ratified by any public employee relations 

board or commission or by any State or political subdivision or its 

agents (management officials) and is in effect on the day before the 

date of enactment of this Act shall not be invalidated by the enactment of this Act. 

CONSTRUCTION AND COMPLIANCE

SEC. 4408. (a) CONSTRUCTION.—Nothing in this chapter shall be 

construed— 

(1) to preempt or limit the remedies, rights, and procedures 

of any law of any State or political subdivision of any State 

that provides greater or comparable rights and responsibilities 


jbell on DSKDVH8Z91PROD with REPORTS
55 

than the rights and responsibilities described in section 

4404(b); 

(2) to prevent a State from enforcing a right-to-work law that 

prohibits employers and labor organizations from negotiating 

provisions in a labor agreement that require union membership or payment of union fees as a condition of employment; 

(3) to preempt or limit any State law in effect on the date 

of enactment of this Act that provides for the rights and responsibilities described in section 4404(b) solely because such 

State law permits an employee to appear on the employee’s 

own behalf with respect to the employee’s employment relations with the public safety agency involved; 

(4) to preempt or limit any State law in effect on the date 

of enactment of this Act that provides for the rights and responsibilities described in section 4404(b) solely because such 

State law excludes from its coverage employees of a State militia or national guard; 

(5) to permit parties in States subject to the regulations and 

procedures described in section 4405 to negotiate provisions 

that would prohibit an employee from engaging in part-time 

employment or volunteer activities during off-duty hours; 

(6) to prohibit a State from exempting from coverage under 

this chapter a political subdivision of the State that has a population of less than 5,000 or that employs less than 25 fulltime employees; or 

(7) to preempt or limit the laws or ordinances of any State 

or political subdivision of a State that provide for the rights 

and responsibilities described in section 4404(b) solely because 

such law or ordinance does not require bargaining with respect 

to pension, retirement, or health benefits. 

For purposes of paragraph (6), the term ‘‘employee’’ includes each 

and every individual employed by the political subdivision except 

any individual elected by popular vote or appointed to serve on a 

board or commission. 

(b) COMPLIANCE.— (1) ACTIONS OF STATES.—Nothing in this chapter or the regulations promulgated under this chapter shall be construed to 

require a State to rescind or preempt the laws or ordinances 

of any of the State’s political subdivisions if such laws provide 

rights and responsibilities for public safety officers that are 

comparable to or greater than the rights and responsibilities 

described in section 4404(b). 

(2) ACTIONS OF THE AUTHORITY.—Nothing in this chapter or 

the regulations promulgated under this chapter shall be construed to preempt— 

(A) the laws or ordinances of any State or political subdivision of a State, if such laws provide collective bargaining rights for public safety officers that are comparable to or greater than the rights enumerated in section 4404(b); 

(B) the laws or ordinances of any State or political subdivision of a State that provide for the rights and responsibilities described in section 4404(b) with respect to certain categories of public safety officers covered by this Act 

solely because such rights and responsibilities have not 


jbell on DSKDVH8Z91PROD with REPORTS
56 

been extended to other categories of public safety officers 

covered by this chapter; or 

(C) the laws or ordinances of any State or political subdivision of a State that provide for the rights and responsibilities described in section 4404(b), solely because such 

laws or ordinances provide that a contract or memorandum of understanding between a public safety employer and a labor organization must be presented to a legislative body as part of the process for approving such contract or memorandum of understanding. 

(3) LIMITED ENFORCEMENT POWER.—In the case of a law described in paragraph (2)(B), the Authority shall only exercise 

the powers provided in section 4405 with respect to those categories of public safety officers who have not been afforded the 

rights and responsibilities described in section 4404(b). 

(4) EXCLUSIVE ENFORCEMENT PROVISION.—Notwithstanding 

any other provision of the chapter, and in the absence of a 

waiver of a State’s sovereign immunity, the Authority shall 

have the exclusive power to enforce the provisions of this chapter with respect to employees of a State. 

AUTHORIZATION OF APPROPRIATIONS

SEC. 4409. There are authorized to be appropriated such sums as 

may be necessary to carry out the provisions of this chapter. 

CHAPTER 5 

PROGRAM INTEGRITY INITIATIVES 

DEPARTMENT OF THE TREASURY 

INTERNAL REVENUE SERVICE

ENFORCEMENT

For an additional amount for ‘‘Enforcement’’, $245,000,000, to remain available through September 30, 2011, for additional and enhanced tax enforcement activities: Provided, That section 3002 

shall not apply to the amount under this heading. 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For an additional amount for ‘‘State Unemployment Insurance 

and Employment Service Operations’’, $5,000,000, to be expended 

from the Employment Security Administration Account of the Unemployment Trust Fund and remain available through September 

30, 2011, to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews: 

Provided, That section 3002 shall not apply to the amount under 

this heading. 


jbell on DSKDVH8Z91PROD with REPORTS
57 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

For an additional amount for ‘‘Health Care Fraud and Abuse 

Control Account’’, $250,000,000, to remain available through September 30, 2012, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $124,747,000 shall be for Centers for Medicare 

and Medicaid Services Program Integrity Activities, including administrative costs, to conduct oversight activities for Medicare Advantage and the Medicare Prescription Drug Program authorized 

in title XVIII of the Social Security Act, for activities listed in section 1893 of such Act, and for Medicaid and Children’s Health Insurance Program program integrity activities; of which $65,040,000 

shall be for the Department of Health and Human Services Office 

of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act; and of which $60,213,000 

shall be for the Department of Justice to carry out fraud and abuse 

activities authorized by section 1817(k)(3) of such Act: Provided, 

That section 3002 shall not apply to the amounts under this heading. 

RELATED AGENCIES 

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

For an additional amount for ‘‘Limitation on Administrative Expenses’’, $38,000,000, to remain available through September 30, 

2011, for the cost associated with conducting continuing disability 

reviews under titles II and XVI of the Social Security Act and for 

the cost associated with conducting redeterminations of eligibility 

under title XVI of the Social Security Act: Provided, That section 

3002 shall not apply to the amount under this heading. 

CHAPTER 6 

GENERAL PROVISIONS—THIS TITLE 

SEC. 4601. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network blocks the viewing, downloading, and exchanging of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency, or other entity, to carry out criminal investigation, prosecution, 

or adjudication activities. 

SEC. 4602. (a) STATUTORY PAYGO.—The budgetary effects of this 

Act, for the purpose of complying with the Statutory Pay-As-YouGo-Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

jointly submitted for printing in the Congressional Record by the 

Chairmen of the House and Senate Budget Committees, provided 

that such statement has been submitted prior to the vote on pasVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00057 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
58 

sage in the House acting first on this conference report or amendment between the Houses. 

(b) EXCLUSION FROM PAYGO.— (1) Savings in this Act that would be subject to inclusion in 

the Statutory Pay-As-You-Go scorecards are providing an offset 

to increased discretionary spending. As such, they should not 

be available on the scorecards maintained by the Office of 

Management and Budget to provide offsets for future legislation. 

(2) The Director of the Office of Management and Budget 

shall not include any net savings resulting from the changes 

in direct spending or revenues contained in this Act on the 

scorecards required to be maintained by OMB under the Statutory Pay-As-You-Go Act of 2010. 

TEXT OF AMENDMENT NO. 3 

Page 8, strike line 3 and all that follows through page 9, line 6. 

Page 9, line 10, strike ‘‘$11,719,927,000, of which $218,300,000’’ and insert ‘‘$218,300,000, which’’. 

Page 9, line 18, strike ‘‘$2,735,194,000, of which $187,600,000’’ and insert ‘‘$187,600,000, which’’. 

Page 10, line 3, strike ‘‘$829,326,000, of which $30,700,000’’ and insert ‘‘$30,700,000, which’’. 

Page 10, line 11, strike ‘‘$3,835,095,000, of which $218,400,000’’ and insert ‘‘$218,400,000, which’’. 

Page 10, beginning on line 20, strike ‘‘$1,236,727,000: Provided, That up to $50,000,000, to remain available until expended,’’ and 

insert ‘‘$50,000,000, to remain available until expended: Provided, That such amount’’. 

Page 11, strike line 22 and all that follows through page 18, line 

18. 

Page 18, strike line 20, and all that follows through page 19, line 

18. 

Page 19, line 19, strike ‘‘304.’’ and insert ‘‘301.’’. 

Page 20, line 3, strike ‘‘305.’’ and insert ‘‘302.’’. 

Page 20, line 8, strike ‘‘306.’’ and insert ‘‘303.’’. 

Page 20, line 18, strike ‘‘307.’’ and insert ‘‘304.’’. 

Page 21, line 3, strike ‘‘308.’’ and insert ‘‘305.’’. 

Page 38, strike lines 4 through 22. 

Page 41, strike lines 6 through 16. 

Page 42, strike lines 8 through 12. 

Page 43, strike lines 22 through 25. 

Page 45, strike lines 3 through 19. 

Page 48, line 8, strike the dollar amount and all that follows 

through ‘‘available’’ on page 49, line 3 and insert ‘‘$175,000,000, to 

remain available until September 30, 2012,’’. 

Page 49, line 20, after the first comma, strike the dollar amount 

and all that follows through ‘‘available’’ on line 23 and insert 

‘‘$50,000,000, to remain available until September 30, 2012,’’. 

Page 52, strike line 3 and all that follows through page 58, line 

20. 

Page 58, line 22, strike ‘‘1007.’’ and insert ‘‘1004.’’. 

Page 61, line 13, strike ‘‘1008.’’ and insert ‘‘1005.’’. 

Page 62, line 15, strike ‘‘1009.’’ and insert ‘‘1006.’’. 


jbell on DSKDVH8Z91PROD with REPORTS
59 

Page 64, line 14, strike ‘‘1010.’’ and insert ‘‘1007.’’. 

Page 66, line 10, strike ‘‘1011.’’ and insert ‘‘1008.’’. 

Page 66, line 16, strike ‘‘1012.’’ and insert ‘‘1009.’’. 

Page 66, line 23, strike ‘‘1013.’’ and insert ‘‘1010.’’. 

Page 67, line 13, strike ‘‘1014.’’ and insert ‘‘1011.’’. 

Page 67, line 21, strike ‘‘1015.’’ and insert ‘‘1012.’’. 

Page 68, line 21, strike ‘‘Iraq, Pakistan, Afghanistan, and’’. 

Page 68, line 23, strike ‘‘those countries’’ and insert ‘‘that country’’. 

Page 69, strike line 8 and all that follows through page 70, line 

18. 

TEXT OF AMENDMENT NO. 4 

At the end of the bill (before the short title), insert the following: 

SEC. ll. (a) LIMITATION.—Funds appropriated in this Act for 

the continued military operations of the Armed Forces in Afghanistan may be obligated and expended within Afghanistan only for 

the purposes of— 

(1) providing for the continued protection of members of the 

Armed Forces and civilian and contractor personnel of the Federal Government who are in Afghanistan; and 

(2) beginning the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of 

Defense contractor personnel who are in Afghanistan. 

(b) CLARIFICATION.—Nothing in subsection (a) shall be construed 

to prohibit or otherwise restrict the use of funds available to any 

department or agency of the United States to carry out diplomatic 

efforts or humanitarian activities in Afghanistan, including security related to such efforts and activities. 

TEXT OF AMENDMENT NO. 5 

Page 22, after line 16, insert the following: 

SEC. 309. (a) FINDINGS REGARDING SECURITY AND STABILITY CONDITIONS IN AFGHANISTAN.—Since the last national intelligence estimate on conditions in Afghanistan, there have been fundamental 

changes in the conditions in that country, and fundamental 

changes in the United States military and diplomatic strategy toward that country, including— 

(1) the August 2009 elections in Afghanistan; 

(2) the strategy announced by the President in December 

2009 to guide United States military operations, including a 

commitment to begin redeployment of troops out of Afghanistan by July 2011; 

(3) the tactics employed by the United States, which emphasize counterinsurgency military operations and increasing civilian participation; 

(4) the level of United States forces deployed to Afghanistan; 

and 

(5) the continuing development of Afghanistan’s security 

forces, including the Afghan National Army and the Afghan 

National Police. 


jbell on DSKDVH8Z91PROD with REPORTS
60 

(b) REPORT.—Not later than January 31, 2011, the Director of 

National Intelligence shall submit to the President and the Congress a new national intelligence estimate on security and stability 

in Afghanistan and Pakistan, which shall include— 

(1) an assessment of the ability, performance, intent, and 

commitment of the Government of Afghanistan to work with 

the United States to implement the strategy announced in December 2009; 

(2) an assessment of the ability, performance, intent, and 

commitment of the Government of Pakistan to work with the 

United States to implement the strategy announced in December 2009; 

(3) an assessment of the security forces of Afghanistan and 

Pakistan, including their ability to maintain security in areas 

where they are deployed, and an assessment of the timing of 

full deployment as envisioned by the December 2009 strategy; 

(4) an assessment of whether continuing United States military presence in Afghanistan contributes to Afghan and Pakistani support for, or sympathy toward, the Taliban, al Qaeda, 

or other insurgents; 

(5) an assessment of the effect of continuing United States 

military presence on the strength of al Qaeda and other terrorist organizations in Afghanistan and neighboring countries, 

including those in the United States Central Command and 

United States Africa Command areas of responsibility; and 

(6) an assessment of the effect of the continuing United 

States military presence on the ability of al Qaeda and related 

terrorist organizations to obtain resources, recruit personnel, 

and continue operations targeted at the United States and its 

allies. 

(c) PLAN WITH TIMETABLE REQUIRED.—Not later than April 4, 

2011, the President shall submit to Congress a plan for the safe, 

orderly, and expeditious redeployment of the Armed Forces from 

Afghanistan, including military and security-related contractors, together with a timetable for the completion of that redeployment 

and information regarding variables that could alter that timetable. 

(d) STATUS UPDATES.—Not later than 90 days after the date of 

the submittal of the plan required by subsection (c), and every 90 

days thereafter, the President shall submit to Congress a report 

setting forth the current status of the plan for redeploying the 

Armed Forces from Afghanistan. 

(e) OVERSIGHT OF CONTRACTORS ENGAGED IN ACTIVITIES RELATING TO AFGHANISTAN.— 

(1) RECOMMENDATIONS REQUIRED.—Not later than 90 days 

after the date of the enactment of this Act, the Special Inspector General for Afghanistan Reconstruction shall, in consultation with the Inspector General of the Department of Defense, 

the Inspector General of the United States Agency for International Development, and the Inspector General of the Department of State— 

(A) issue recommendations on measures to increase 

oversight of contractors engaged in activities relating to 

Afghanistan that have a record of engaging in waste, 

fraud, or abuse; 


jbell on DSKDVH8Z91PROD with REPORTS
61 

(B) report on the status of efforts of the Department of 

Defense, the United States Agency for International Development, and the Department of State to implement existing recommendations regarding oversight of such contractors; and 

(C) report on the extent to which military and security 

contractors or subcontractors engaged in activities relating 

to Afghanistan have been responsible for the deaths of Afghan civilians. 

(2) ELEMENTS OF RECOMMENDATIONS.—The recommendations 

issued under paragraph (1) shall include— 

(A) recommendations for reducing the reliance of the 

United States on— 

(i) military and security contractors or subcontractors engaged in activities relating to Afghanistan that 

have been responsible for the deaths of Afghan civilians; and 

(ii) Afghan militias or other armed groups that are 

not part of the Afghan National Security Forces; and 

(B) recommendations for prohibiting the Department of 

Defense, the Department of State, or the United States 

Agency for International Development from entering into 

contracts with contractors engaged in activities relating to 

Afghanistan that have a record of engaging in waste, 

fraud, or abuse. 

SEC. 310. (a) LIMITATION ON FUNDS.—None of the funds available 

to the Department of Defense in the Department of Defense Appropriations Act, 2011 may be obligated or expended in a manner that 

is inconsistent with the President’s policy announced on December 

1, 2009, to begin the orderly withdrawal of United States troops 

from Afghanistan after July 1, 2011, unless the Congress approves 

a joint resolution as specified in subsection (b). 

(b) JOINT RESOLUTION.—For purposes of this section, the term 

‘‘joint resolution’’ means a joint resolution introduced in either 

House of the Congress after receipt by the Congress of the national 

intelligence estimate required under section 309 of this Act, the 

matter after the resolving clause of which is as follows: ‘‘That the 

Congress approves the obligation and expenditure of funds appropriated in the Department of Defense Appropriations Act, 2011 for 

United States combat operations in Afghanistan after July 1, 2011, 

even if the plan submitted on April 4, 2011, is inconsistent with the 

intention to begin the process of orderly withdrawal of United 

States troops from such combat operations in Afghanistan.’’. 

(c) EXPEDITED PROCEDURES IN THE HOUSE.— 

(1) A joint resolution in the House of Representatives shall 

be referred to the Committee on Appropriations. 

(2) If the committee has not reported the joint resolution at 

the end of 20 legislative days after its introduction, the committee shall be discharged from further consideration of the 

joint resolution, and the joint resolution shall be placed on the 

appropriate calendar of the House. 

(3) When the committee has reported a joint resolution or 

been discharged from further consideration, it is at any time 

thereafter in order (even though a previous motion to the same 

effect has been disagreed to) to move to proceed to the considVerDate Mar 15 2010 05:10 Jul 02, 2010 Jkt 089008 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

jbell on DSKDVH8Z91PROD with REPORTS
62 

eration of the joint resolution. The motion is highly privileged 

in the House. The motion is not subject to amendment, or to 

a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by 

which the motion is agreed to or not agreed to shall not be in 

order. 

(4) Debate on the joint resolution shall be limited to not 

more than 9 hours, which shall be divided equally between 

those favoring and those opposing the joint resolution. An 

amendment to, or motion to recommit, the joint resolution is 

not in order. A motion to reconsider the vote by which the joint 

resolution is agreed to or not agreed to is not in order. 

(5) Motions to postpone and motions to proceed to the consideration of other business shall be decided without debate. 

(6) Appeals from the decisions of the Chair relating to the 

application of the rules of the House to the procedure relating 

to the joint resolution shall be decided without debate. 

(d) EXPEDITED PROCEDURES IN THE SENATE.—[To be supplied.] 

(e) CONGRESSIONAL RULEMAKING.—Subsections (c) and (d) are 

enacted by the Congress— 

(1) as an exercise of the rulemaking power of the House of 

Representatives and the Senate, respectively, and as such they 

are deemed a part of the rules of each House, respectively, but 

applicable only with respect to the procedures to be followed in 

that House in the case of joint resolutions described in subsection (b), and they supersede other rules only to the extent 

that they are inconsistent with such other rules; and 

(2) with full recognition of the constitutional right of either 

House to change the rules (so far as relating to the procedures 

of that House) at any time, in the same manner and to the 

same extent as in the case of any other rule of that House. 

SEC. 311. Nothing in section 309 or 310 shall be construed so as 

to limit or prohibit any authority of the President to— 

(1) attack al Qaeda forces wherever they are located; 

(2) gather, provide, and share intelligence with allies operating in Afghanistan and Pakistan; or 

(3) modify the military strategy and operations of the Armed 

Forces as such Armed Forces redeploy pursuant to a timetable 

and strategy developed under section 309(c). 

Æ 


jbell on DSKDVH8Z91PROD with REPORTS