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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4899 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                          July 1, 2010.
    Resolved, That the House agree to the amendment of the Senate to 
the title of the bill (H.R. 4899) entitled ``An Act making supplemental 
appropriations for the fiscal year ending September 30, 2010, and for 
other purposes.'' and be it further
    Resolved, That the House agree to the amendment of the Senate to 
the text of the aforesaid bill, with the following

                  HOUSE AMENDMENT TO SENATE AMENDMENT:

            In the matter proposed to be inserted by the amendment of 
      the Senate to the text of the bill, on 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 
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.

                    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.

                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.
                    (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 education 
        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 
        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.
            (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)), 
$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 Administration--
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 
        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;
            ``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;
            ``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.
            ``(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 third-
party 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:
            (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 appropriations 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.

                              (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.

                              (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.

                              (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 Response, 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 determining 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 
                determination 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 
        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.
            (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 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 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;
                    ``(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 long-term unemployed individual, or meets such 
        other criteria as the Secretary may establish.
            ``(3) Limitations on oil spill relief employment 
        assistance.--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 covered 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 
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 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.

                              (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.
    (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 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;
            ``(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 
        authority 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--
                            ``(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 
                Therapeutic 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, Improvement, 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 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. Labor-
        management 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 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 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.
            (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.
    (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
            (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 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 
        full-time 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 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.

                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-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.

                       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:
            (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);
            (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).
            (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 Consolidation 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)--
                    (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 programs.--
                    ``(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).''.
    (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.
            (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
            (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.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H.R. 4899

_______________________________________________________________________

                  HOUSE AMENDMENT TO SENATE AMENDMENT
```