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: 

1 TITLE IV 

2 CHAPTER 1 

3 DEPARTMENT OF ENERGY 

4 ENERGY PROGRAMS 

5 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

6 PROGRAM

7 Subject to section 502 of the Congressional Budget Act 

8 of 1974, commitments to guarantee loans under title XVII 

9 of the Energy Policy Act of 2005, shall not exceed a total 

10 principal amount of $18,000,000,000 for eligible projects, 

11 to remain available until committed, of which 
2 

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1 $9,000,000,000 shall be for nuclear power facilities and 

2 $9,000,000,000 shall be for renewable energy system and ef3 ficient end-use energy technology projects: Provided, That 

4 these amounts are in addition to authorities provided in 

5 any other Act: Provided further, That for amounts collected 

6 pursuant to section 1702(b)(2) of the Energy Policy Act of 

7 2005, the source of such payment received from borrowers 

8 is not a loan or other debt obligation that is guaranteed 

9 by the Federal Government: Provided further, That none 

10 of the loan guarantee authority made available in this 

11 paragraph shall be available for commitments to guarantee 

12 loans for any projects where funds, personnel, or property 

13 (tangible or intangible) of any Federal agency, instrumen14 tality, personnel, or affiliated entity are expected to be used 

15 (directly or indirectly) through acquisitions, contracts, 

16 demonstrations, exchanges, grants, incentives, leases, pro17 curements, sales, other transaction authority, or other ar18 rangements, to support the project or to obtain goods or 

19 services from the project: Provided further, That the pre20 vious proviso shall not be interpreted as precluding the use 

21 of the loan guarantee authority in this paragraph for com22 mitments to guarantee loans for projects as a result of such 

23 projects benefitting from (1) otherwise allowable Federal in24 come tax benefits; (2) being located on Federal land pursu25 ant to a lease or right-of-way agreement for which all con-
3 

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1 sideration for all uses is (A) paid exclusively in cash, (B) 

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

3 equal to the fair market value as determined by the head 

4 of the relevant Federal agency; (3) Federal insurance pro5 grams, including under section 170 of the Atomic Energy 

6 Act of 1954 (42 U.S.C. 2210; commonly known as the 

7 ‘‘Price-Anderson Act’’); or (4) for electric generation 

8 projects, use of transmission facilities owned or operated by 

9 a Federal Power Marketing Administration or the Ten10 nessee Valley Authority that have been authorized, ap11 proved, and financed independent of the project receiving 

12 the guarantee: Provided further, That none of the loan guar13 antee authority made available in this paragraph shall be 

14 available for any project unless the Director of the Office 

15 of Management and Budget has certified in advance in 

16 writing that the loan guarantee and the project comply with 

17 the provisions under this paragraph: Provided further, That 

18 none of the loan guarantee authority made available in this 

19 paragraph may be used to make a final or conditional loan 

20 guarantee award unless the Secretary of Energy provides 

21 notification of the award, including the proposed subsidy 

22 cost, to the Committees on Appropriations of the Senate and 

23 the House of Representatives at least 3 full business days 

24 in advance of such award: Provided further, That section 

25 3002 shall not apply to the amounts under this heading. 
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•HR 4899 EAH 

1 DEPARTMENTAL ADMINISTRATION

2 For necessary expenses of the National Commission on 

3 the BP Deepwater Horizon Oil Spill and Offshore Drilling 

4 established by, and in order to carry out activities under, 

5 Executive Order 13543, $12,000,000, to remain available 

6 until September 30, 2011: Provided, That funds appro7 priated in this paragraph may be used to reimburse obliga8 tions incurred for the purposes provided herein prior to en9 actment of this Act. 

10 DEPARTMENT OF HOMELAND SECURITY 

11 U.S. CUSTOMS AND BORDER PROTECTION

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, $356,900,000, to remain available until September 

15 30, 2012, of which $78,000,000 shall be for costs to main16 tain U.S. Customs and Border Protection Officer staffing 

17 on the Southwest Border of the United States, $58,000,000 

18 shall be for hiring additional U.S. Customs and Border 

19 Protection Officers for deployment at ports of entry on the 

20 Southwest Border of the United States, $208,400,000 shall 

21 be for hiring additional Border Patrol agents for deploy22 ment to the Southwest Border of the United States, 

23 $2,500,000 shall be for forward operating bases on the 

24 Southwest Border of the United States, and $10,000,000 
5 

•HR 4899 EAH 

1 shall be to support integrity and background investigation 

2 programs. 

3 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

4 TECHNOLOGY

5 For an additional amount for ‘‘Border Security Fenc6 ing, Infrastructure, and Technology,’’ $14,000,000, to re7 main available until September 30, 2011, for costs of de8 signing, building, and deploying tactical communications 

9 for support of enforcement activities on the Southwest Bor10 der of the United States. 

11 AIR AND MARINE INTERDICTION, OPERATIONS, 

12 MAINTENANCE, AND PROCUREMENT

13 For an additional amount for ‘‘Air and Marine Inter14 diction, Operations, Maintenance, and Procurement’’, 

15 $32,000,000, to remain available until September 30, 2012, 

16 for costs of acquisition and deployment of unmanned air17 craft systems. 

18 CONSTRUCTION AND FACILITIES MANAGEMENT

19 For an additional amount for ‘‘Construction and Fa20 cilities Management’’, $9,000,000, to remain available until 

21 September 30, 2011, for costs to construct up to three for22 ward operating bases for use by the Border Patrol to carry 

23 out enforcement activities on the Southwest Border of the 

24 United States. 
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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

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

4 $30,000,000, to remain available until September 30, 2011, 

5 for law enforcement activities targeted at reducing the 

6 threat of violence along the Southwest Border of the United 

7 States. 

8 FEDERAL EMERGENCY MANAGEMENT AGENCY

9 STATE AND LOCAL PROGRAMS

10 For an additional amount for ‘‘State and Local Pro11 grams’’, $50,000,000 to remain available until September 

12 30, 2011, for Operation Stonegarden. 

13 FEDERAL LAW ENFORCEMENT TRAINING CENTER

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $8,100,000, to remain available until September 

17 30, 2011, for costs to provide basic training for new U.S. 

18 Customs and Border Protection Officers and Border Patrol 

19 agents. 

20 DEPARTMENT OF EDUCATION 

21 EDUCATION JOBS FUND

22 For necessary expenses for an Education Jobs Fund, 

23 $10,000,000,000: Provided, That section 3002 shall not 

24 apply to $1,300,000,000 of the amount under this heading: 

25 Provided further, That the amount under this heading shall 
7 

•HR 4899 EAH 

1 be administered under the terms and conditions of sections 

2 14001 through 14013 and title XV of division A of the 

3 American Recovery and Reinvestment Act of 2009 (Public 

4 Law 111–5) except as follows: 

5 (1) ALLOCATION OF FUNDS.— 

6 (A) Funds appropriated under this heading 

7 shall be available only for allocation by the Sec8 retary of Education (in this heading referred to 

9 as the ‘‘Secretary’’) in accordance with sub10 sections (a), (b), (d), (e), and (f) of section 14001 

11 of division A of Public Law 111–5 and subpara12 graph (B) of this paragraph, except that the 

13 amount reserved under such subsection (b) shall 

14 not exceed $1,000,000 and such subsection (f) 

15 shall be applied by substituting ‘‘one year’’ for 

16 ‘‘two years’’. 

17 (B) Prior to allocating funds to States 

18 under section 14001(d) of division A of Public 

19 Law 111–5, the Secretary shall allocate 0.5 per20 cent to the Secretary of the Interior for schools 

21 operated or funded by the Bureau of Indian Af22 fairs on the basis of the schools’ respective needs 

23 for activities consistent with this heading under 

24 such terms and conditions as the Secretary of the 

25 Interior may determine. 
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1 (2) RESERVATION.—A State that receives an al2 location of funds appropriated under this heading 

3 may reserve not more than 2 percent for the adminis4 trative costs of carrying out its responsibilities with 

5 respect to those funds. 

6 (3) AWARDS TO LOCAL EDUCATIONAL AGEN7 CIES.— 

8 (A) Except as specified in paragraph (2), 

9 an allocation of funds to a State shall be used 

10 only for awards to local educational agencies for 

11 the support of elementary and secondary edu12 cation in accordance with paragraph (5) for the 

13 2010–2011 school year (or, in the case of re14 allocations made under section 14001(f) of divi15 sion A of Public Law 111–5, for the 2010–2011 

16 or the 2011–2012 school year). 

17 (B) Funds used to support elementary and 

18 secondary education shall be distributed through 

19 a State’s primary elementary and secondary 

20 funding formulae or based on local educational 

21 agencies’ relative shares of funds under part A of 

22 title I of the Elementary and Secondary Edu23 cation Act of 1965 (20 U.S.C. 6311 et seq.) for 

24 the most recent fiscal year for which data are 

25 available. 
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•HR 4899 EAH 

1 (C) Subsections (a) and (b) of section 14002 

2 of division A of Public Law 111–5 shall not 

3 apply to funds appropriated under this heading. 

4 (4) COMPLIANCE WITH EDUCATION REFORM AS5 SURANCES.—For purposes of awarding funds appro6 priated under this heading, any State that has an ap7 proved application for Phase II of the State Fiscal 

8 Stabilization Fund that was submitted in accordance 

9 with the application notice published in the Federal 

10 Register on November 17, 2009 (74 Fed. Reg. 59142) 

11 shall be deemed to be in compliance with subsection 

12 (b) and paragraphs (2) through (5) of subsection (d) 

13 of section 14005 of division A of Public Law 111–5. 

14 (5) REQUIREMENT TO USE FUNDS TO RETAIN OR

15 CREATE EDUCATION JOBS.—Notwithstanding section 

16 14003(a) of division A of Public Law 111–5, funds 

17 awarded to local educational agencies under para18 graph (3)— 

19 (A) may be used only for compensation and 

20 benefits and other expenses, such as support serv21 ices, necessary to retain existing employees, to 

22 recall or rehire former employees, and to hire 

23 new employees, in order to provide early child24 hood, elementary, or secondary educational and 

25 related services; and 
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•HR 4899 EAH 

1 (B) may not be used for ‘‘general adminis2 trative expenses’’ or for ‘‘other support services 

3 expenditures’’ as those terms were defined by the 

4 National Center for Education Statistics in its 

5 Common Core of Data as of the date of enact6 ment of this Act. 

7 (6) PROHIBITION ON USE OF FUNDS FOR RAINY8 DAY FUNDS OR DEBT RETIREMENT.—A State that re9 ceives an allocation may not use such funds, directly 

10 or indirectly, to— 

11 (A) establish, restore, or supplement a 

12 rainy-day fund; 

13 (B) supplant State funds in a manner that 

14 has the effect of establishing, restoring, or 

15 supplementing a rainy-day fund; 

16 (C) reduce or retire debt obligations in17 curred by the State; or 

18 (D) supplant State funds in a manner that 

19 has the effect of reducing or retiring debt obliga20 tions incurred by the State. 

21 (7) DEADLINE FOR AWARD.—The Secretary shall 

22 award funds appropriated under this heading not 

23 later than 45 days after the date of the enactment of 

24 this Act to States that have submitted applications 

25 meeting the requirements applicable to funds under 
11 

•HR 4899 EAH 

1 this heading. The Secretary shall not require informa2 tion in applications beyond what is necessary to de3 termine compliance with applicable provisions of law. 

4 (8) ALTERNATE DISTRIBUTION OF FUNDS.—If, 

5 within 30 days after the date of the enactment of this 

6 Act, a Governor has not submitted an approvable ap7 plication, the Secretary shall provide for funds allo8 cated to that State to be distributed to another entity 

9 or other entities in the State (notwithstanding section 

10 14001(e) of division A of Public Law 111–5) for sup11 port of elementary and secondary education, under 

12 such terms and conditions as the Secretary may es13 tablish, provided that all terms and conditions that 

14 apply to funds appropriated under this heading shall 

15 apply to such funds distributed to such entity or enti16 ties. No distribution shall be made to a State under 

17 this paragraph, however, unless the Secretary has de18 termined (on the basis of such information as may be 

19 available) that the requirements of clauses (i), (ii), or 

20 (iii) of paragraph 10(A) are likely to be met, notwith21 standing the lack of an application from the Governor 

22 of that State. 

23 (9) LOCAL EDUCATIONAL AGENCY APPLICA24 TION.—Section 442 of the General Education Provi25 sions Act shall not apply to a local educational agen-
12 

•HR 4899 EAH 

1 cy that has previously submitted an application to 

2 the State under title XIV of division A of Public Law 

3 111–5. The assurances provided under that applica4 tion shall continue to apply to funds awarded under 

5 this heading. 

6 (10) MAINTENANCE OF EFFORT.— 

7 (A) Except as provided in paragraph (8), 

8 the Secretary shall not allocate funds to a State 

9 under paragraph (1) unless the Governor of the 

10 State provides an assurance to the Secretary 

11 that— 

12 (i) for State fiscal year 2011, the State 

13 will maintain State support for elementary 

14 and secondary education (in the aggregate 

15 or on the basis of expenditures per pupil) 

16 and for public institutions of higher edu17 cation (not including support for capital 

18 projects or for research and development or 

19 tuition and fees paid by students) at not 

20 less than the level of such support for each 

21 of the two categories, respectively, for State 

22 fiscal year 2009; 

23 (ii) for State fiscal year 2011, the 

24 State will maintain State support for ele25 mentary and secondary education and for 
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•HR 4899 EAH 

1 public institutions of higher education (not 

2 including support for capital projects or for 

3 research and development or tuition and 

4 fees paid by students) at a percentage of the 

5 total revenues available to the State that is 

6 equal to or greater than the percentage pro7 vided for each of the two categories, respec8 tively, for State fiscal year 2010; or 

9 (iii) in the case of a State in which 

10 State tax collections for calendar year 2009 

11 were less than State tax collections for cal12 endar year 2006, for State fiscal year 2011 

13 the State will maintain State support for 

14 elementary and secondary education (in the 

15 aggregate) and for public institutions of 

16 higher education (not including support for 

17 capital projects or for research and develop18 ment or tuition and fees paid by stu19 dents)— 

20 (I) at not less than the level of 

21 such support for each of the two cat22 egories, respectively, for State fiscal 

23 year 2006; or 

24 (II) at a percentage of the total 

25 revenues available to the State that is 
14 

•HR 4899 EAH 

1 equal to or greater than the percentage 

2 provided for each of the two categories, 

3 respectively, for State fiscal year 2006. 

4 (B) Section 14005(d)(1) and subsections (a) 

5 through (c) of section 14012 of division A of 

6 Public Law 111–5 shall not apply to funds ap7 propriated under this heading. 

8 (11) ADDITIONAL REQUIREMENTS FOR THE

9 STATE OF TEXAS.—The following requirements shall 

10 apply to the State of Texas: 

11 (A) Notwithstanding paragraph (3)(B), 

12 funds used to support elementary and secondary 

13 education shall be distributed based on local edu14 cational agencies’ relative shares of funds under 

15 part A of title I of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 6311 

17 et seq.) for the most recent fiscal year which data 

18 are available. Funds distributed pursuant to this 

19 paragraph shall be used to supplement and not 

20 supplant State formula funding that is distrib21 uted on a similar basis to part A of title I of the 

22 Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 6311 et seq.). 

24 (B) The Secretary shall not allocate funds 

25 to the State of Texas under paragraph (1) unless 
15 

•HR 4899 EAH 

1 the Governor of the State provides an assurance 

2 to the Secretary that the State will for fiscal 

3 years 2011, 2012, and 2013 maintain State sup4 port for elementary and secondary education at 

5 a percentage of the total revenues available to the 

6 State that is equal to or greater than the per7 centage provided for such purpose for fiscal year 

8 2011 prior to the enactment of this Act. 

9 (C) Notwithstanding paragraph (8), no dis10 tribution shall be made to the State of Texas or 

11 local education agencies therein unless the Gov12 ernor of Texas makes an assurance to the Sec13 retary that the requirements in paragraphs 

14 (11)(A) and (11)(B) will be met, notwith15 standing the lack of an application from the 

16 Governor of Texas. 

17 STUDENT FINANCIAL ASSISTANCE

18 For an additional amount for ‘‘Student Financial As19 sistance’’, $4,950,000,000, to remain available through Sep20 tember 30, 2011, to carry out subpart 1 of part A of title 

21 IV of the Higher Education Act of 1965: Provided, That 

22 section 3002 shall not apply to the amount under this head23 ing. 
16 

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1 DEPARTMENT OF DEFENSE 

2 MILITARY CONSTRUCTION, ARMY

3 For an additional amount for ‘‘Military Construction, 

4 Army’’, $16,500,000, to remain available until September 

5 30, 2011, for a soldier readiness processing center: Provided, 

6 That notwithstanding any other provision of law, such 

7 funds may be obligated and expended to carry out planning 

8 and design and military construction projects not otherwise 

9 authorized by law: Provided further, That section 3002 shall 

10 not apply to the amount under this heading. 

11 GENERAL PROVISIONS—THIS CHAPTER 

12 SEC. 4101. For an additional amount for the emer13 gency food assistance program as authorized by section 

14 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 

15 2036(a)) and section 204(a)(1) of the Emergency Food As16 sistance Act of 1983 (7 U.S.C. 7508(a)(1)), $50,000,000: 

17 Provided, That section 3002 shall not apply to the amount 

18 in this section. 

19 (RESCISSION)

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

21 heading ‘‘Department of Agriculture—Natural Resources 

22 Conservation Service’’, $69,900,000, to be derived from the 

23 unobligated balances of funds that were provided for such 

24 accounts in prior appropriation Acts (other than Public 

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

26 such Acts as an emergency requirement pursuant to a con-
17 

•HR 4899 EAH 

1 current resolution on the budget or the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 (RESCISSION)

4 SEC. 4103. There is rescinded from accounts under the 

5 heading ‘‘Department of Agriculture—Rural Development’’, 

6 $122,000,000, to be derived from the unobligated balances 

7 of funds that were provided for such accounts in prior ap8 propriation Acts (other than Public Law 111–5) and that 

9 were designated by the Congress in such Acts as an emer10 gency requirement pursuant to a concurrent resolution on 

11 the budget or the Balanced Budget and Emergency Deficit 

12 Control Act of 1985. 

13 (RESCISSION)

14 SEC. 4104. Of the funds made available for ‘‘Depart15 ment of Agriculture—Rural Utilities Service—Distance 

16 Learning, Telemedicine, and Broadband Program’’ in title 

17 I of division A of Public Law 111–5 (123 Stat. 118), 

18 $300,000,000 is rescinded. 

19 (RESCISSION)

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

21 heading ‘‘Department of Agriculture—Food and Nutrition 

22 Service—Special Supplemental Nutrition Program for 

23 Women, Infants, and Children (WIC)’’, $361,825,000, to be 

24 derived from unobligated balances available from amounts 

25 placed in reserve in title I of division A of Public Law 111– 

26 5 (123 Stat. 115). 
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1 (RESCISSION)

2 SEC. 4106. Of the unobligated balances available for 

3 ‘‘Department of Agriculture—Food and Nutrition Serv4 ice—Special Supplemental Nutrition Program for Women, 

5 Infants, and Children (WIC)’’ as authorized by section 17 

6 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

7 $125,000,000 is rescinded: Provided, That section 3002 

8 shall not apply to the amount in this section. 

9 (RESCISSION)

10 SEC. 4107. Of the funds appropriated under the head11 ing ‘‘Department of Commerce—National Institute of 

12 Standards and Technology—Construction of Research Fa13 cilities’’ in title II of division A of Public Law 111–5 (123 

14 Stat. 129) $15,000,000 is rescinded. 

15 (RESCISSION)

16 SEC. 4108. Of the funds made available for ‘‘Depart17 ment of Commerce—National Telecommunications and In18 formation Administration—Broadband Technology Oppor19 tunities Program’’ in title II of division A of Public Law 

20 111–5, $302,000,000 is rescinded. 

21 SEC. 4109. For an additional amount for the Depart22 ment of Justice for necessary expenses for increased law en23 forcement activities related to Southwest border enforce24 ment, $201,000,000, to remain available until September 

25 30, 2011: Provided, That funds shall be distributed to the 

26 following accounts and in the following specified amounts: 
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1 (1) ‘‘Administrative Review and Appeals’’, 

2 $2,118,000; 

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

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

5 General Legal Activities’’, $3,862,000; 

6 (4) ‘‘Legal Activities, Salaries and Expenses, 

7 United States Attorneys’’, $9,198,000; 

8 (5) ‘‘United States Marshals Service, Salaries 

9 and Expenses’’, $29,651,000; 

10 (6) ‘‘United States Marshals Service, Construc11 tion’’, $8,000,000; 

12 (7) ‘‘Interagency Law Enforcement, Interagency 

13 Crime and Drug Enforcement’’, $21,000,000; 

14 (8) ‘‘Federal Bureau of Investigation, Salaries 

15 and Expenses’’, $25,262,000; 

16 (9) ‘‘Drug Enforcement Administration, Salaries 

17 and Expenses’’, $35,805,000; 

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

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

20 (11) ‘‘Federal Prison System, Salaries and Ex21 penses’’, $20,000,000. 

22 SEC. 4110. Section 8005 of the Department of Defense 

23 Appropriations Act, 2010 (division A of Public Law 111– 

24 118) is amended by striking the dollar amount specified 

25 in such section and inserting ‘‘$6,000,000,000’’: Provided, 
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1 That section 3002 shall not apply to the amount in this 

2 section: Provided further, That the amendment made by this 

3 section shall apply in lieu of any amendment made by an4 other provision of this Act to such dollar amount. 

5 SEC. 4111. With respect to the multiyear procurement 

6 of F/A–18E, F/A–18F, and EA–18G aircraft—

7 (1) section 8011 of division A of Public Law 

8 111–118 is amended by striking ‘‘within 30 days of 

9 enactment of this Act’’ and inserting ‘‘30 days prior 

10 to contract award’’; 

11 (2) the term ‘‘March 1 of the year in which the 

12 Secretary requests legislative authority to enter into 

13 such contract,’’ in section 2306b(i)(1) of title 10, 

14 United States Code, and section 128(a)(2) of Public 

15 Law 111–84, shall be deemed to be a reference to Sep16 tember 1, 2010; 

17 (3) the Secretary of Defense may submit the re18 port identified in section 2306b(l)(4) of title 10, 

19 United States Code, to the congressional defense com20 mittees on or before September 1, 2010; and 

21 (4) the authority provided in section 8011 of 

22 Public Law 111–118 and section 128(a) of Public 

23 Law 111–84, as amended by this section, shall sat24 isfy, with respect to the procurement of F/A–18E, F/ 

25 A–18F, and EA–18G aircraft, the requirements of 
21 

•HR 4899 EAH 

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

2 United States Code, that a multiyear contract be au3 thorized by law in an appropriations Act and an Act 

4 other than an appropriations Act. 

5 SEC. 4112. For all major defense acquisition programs 

6 for which the Department of Defense plans to proceed to 

7 source selection during the current fiscal year and fiscal 

8 year 2011, the Secretary of Defense shall perform an assess9 ment of such programs and the proposals of all bidders to 

10 determine whether or not the costs are realistic and reason11 able with respect to expected industry development and pro12 duction costs: Provided, That the assessments shall address 

13 whether the programs and proposals of all bidders are at 

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

15 Defense shall provide an assessment of the programs and 

16 proposals of all bidders to determine the number of jobs, 

17 including an estimate of development and direct manufac18 turing jobs, supported or lost in the United States of Amer19 ica: Provided further, That jobs supported or lost shall be 

20 measured as full time equivalent personnel: Provided fur21 ther, That the Secretary of Defense shall provide a report, 

22 in consultation with the Secretary of Labor, containing the 

23 results of these assessments to the congressional defense com24 mittees not later than 60 days after enactment of this Act 

25 and on a quarterly basis thereafter. 
22 

•HR 4899 EAH 

1 (INCLUDING RESCISSION)

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

3 elsewhere in this Act, there is appropriated $300,000,000 

4 for an additional amount for ‘‘Operation and Maintenance, 

5 Defense-Wide’’, to remain available until expended. Such 

6 funds may be available for the Office of Economic Adjust7 ment, notwithstanding any other provision of law, for 

8 transportation infrastructure improvements associated with 

9 medical facilities related to recommendations of the Defense 

10 Base Closure and Realignment Commission. 

11 (b) Of the funds appropriated for ‘‘Defense Health Pro12 gram’’ in title VI of division A of Public Law 111–118, 

13 $300,000,000 is rescinded, to be derived from amounts for 

14 operation and maintenance. 

15 (c) Section 3002 shall not apply to the amounts in 

16 this section. 

17 (RESCISSION)

18 SEC. 4114. (a) Of the funds appropriated in Depart19 ment of Defense Appropriations Acts, the following funds 

20 are rescinded from the following accounts in the specified 

21 amounts: 

22 ‘‘Shipbuilding and Conversion, Navy, 2006/ 

23 2010’’, $107,000,000; 

24 ‘‘Aircraft Procurement, Army, 2008/2010’’, 

25 $21,000,000; 
23 

•HR 4899 EAH 

1 ‘‘Procurement of Weapons and Tracked Combat 

2 Vehicles, Army, 2008/2010’’, $21,000,000; 

3 ‘‘Procurement of Ammunition, Army, 2008/ 

4 2010’’, $17,000,000; 

5 ‘‘Other Procurement, Army, 2008/2010’’, 

6 $75,000,000; 

7 ‘‘Aircraft Procurement, Navy, 2008/2010’’, 

8 $166,000,000; 

9 ‘‘Weapons Procurement, Navy, 2008/2010’’, 

10 $26,000,000; 

11 ‘‘Other Procurement, Navy, 2008/2010’’, 

12 $42,000,000; 

13 ‘‘Procurement, Marine Corps, 2008/2010’’, 

14 $13,000,000; 

15 ‘‘Aircraft Procurement, Air Force, 2008/2010’’, 

16 $102,000,000; 

17 ‘‘Missile Procurement, Air Force, 2008/2010’’, 

18 $28,000,000; 

19 ‘‘Procurement of Ammunition, Air Force, 2008/ 

20 2010’’, $7,000,000; 

21 ‘‘Other Procurement, Air Force, 2008/2010’’, 

22 $130,000,000; 

23 ‘‘Procurement, Defense-Wide, 2008/2010’’, 

24 $33,000,000; 
24 

•HR 4899 EAH 

1 ‘‘Research, Development, Test and Evaluation, 

2 Army, 2009/2010’’, $76,000,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Navy, 2009/2010’’, $131,000,000; 

5 ‘‘Research, Development, Test and Evaluation, 

6 Air Force, 2009/2010’’, $164,000,000; 

7 ‘‘Research, Development, Test and Evaluation, 

8 Defense-Wide, 2009/2010’’, $137,000,000; 

9 ‘‘Operation, Test and Evaluation, Defense, 2009/ 

10 2010’’, $1,000,000; 

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

12 $154,000,000; 

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

14 $155,000,000; 

15 ‘‘Operation and Maintenance, Marine Corps, 

16 2010’’, $25,000,000; 

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

18 $155,000,000; 

19 ‘‘Operation and Maintenance, Defense-Wide, 

20 2010’’, $126,000,000; 

21 ‘‘Operation and Maintenance, Army Reserve, 

22 2010’’, $12,000,000; 

23 ‘‘Operation and Maintenance, Navy Reserve, 

24 2010’’, $6,000,000; 
25 

•HR 4899 EAH 

1 ‘‘Operation and Maintenance, Marine Corps Re2 serve, 2010’’, $1,000,000; 

3 ‘‘Operation and Maintenance, Air Force Reserve, 

4 2010’’, $14,000,000; 

5 ‘‘Operation and Maintenance, Army National 

6 Guard, 2010’’, $28,000,000; and 

7 ‘‘Operation and Maintenance, Air National 

8 Guard, 2010’’, $27,000,000. 

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

10 section. 

11 (RESCISSIONS)

12 SEC. 4115. (a) Of the funds appropriated in the Amer13 ican Recovery and Reinvestment Act of 2009 (Public Law 

14 111–5), the following funds are rescinded from the following 

15 accounts in the specified amounts: 

16 ‘‘Operation and Maintenance, Army, 2009/ 

17 2010’’, $113,500,000; 

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

19 $34,000,000; 

20 ‘‘Operation and Maintenance, Marine Corps, 

21 2009/2010’’, $7,000,000; 

22 ‘‘Operation and Maintenance, Air Force, 2009/ 

23 2010’’, $61,000,000; 

24 ‘‘Operation and Maintenance, Army Reserve, 

25 2009/2010’’, $3,500,000; 
26 

•HR 4899 EAH 

1 ‘‘Operation and Maintenance, Navy Reserve, 

2 2009/2010’’, $8,000,000; 

3 ‘‘Operation and Maintenance, Marine Corps Re4 serve, 2009/2010’’, $1,000,000; 

5 ‘‘Operation and Maintenance, Air Force Reserve, 

6 2009/2010’’, $2,000,000; 

7 ‘‘Operation and Maintenance, Army National 

8 Guard, 2009/2010’’, $1,000,000; 

9 ‘‘Operation and Maintenance, Air National 

10 Guard, 2009/2010’’, $2,500,000; and 

11 ‘‘Defense Health Program, 2009/2010’’, 

12 $27,000,000. 

13 (b) Of the funds appropriated in the Supplemental Ap14 propriations Act, 2008 (Public Law 110–252), the following 

15 funds are rescinded from the following account in the speci16 fied amount: 

17 ‘‘Procurement, Marine Corps, 2008/2010’’, 

18 $177,180,000. 

19 (INCLUDING TRANSFER OF FUNDS AND RESCISSIONS)

20 SEC. 4116. (a) In addition to amounts provided else21 where in this Act, there is appropriated $163,000,000 for 

22 an additional amount for ‘‘Operation and Maintenance, 

23 Defense-Wide’’, to remain available until expended: Pro24 vided, That such funds shall only be available to the Sec25 retary of Defense, acting through the Office of Economic Ad-
27 

•HR 4899 EAH 

1 justment of the Department of Defense, or for transfer to 

2 the Secretary of Education, notwithstanding any other pro3 vision of law, to make grants, conclude cooperative agree4 ments, or supplement other Federal funds to construct, ren5 ovate, repair, or expand elementary and secondary public 

6 schools on military installations in order to address capac7 ity or facility condition deficiencies at such schools: Pro8 vided further, That in making such funds available, the Of9 fice of Economic Adjustment or the Secretary of Education 

10 shall give priority consideration to those military installa11 tions with schools having the most serious capacity or facil12 ity condition deficiencies as determined by the Secretary 

13 of Defense. 

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

15 Weapons and Tracked Combat Vehicles, Army’’ in title III 

16 of division A of public Law 111–118, $116,000,000 is re17 scinded. 

18 (2) Of the funds appropriated under the heading ‘‘Op19 eration and Maintenance, Army’’ in title II of division A 

20 of Public Law 111–118, $100,000,000 is rescinded. 

21 (3) Of the funds appropriated for ‘‘Other Procurement, 

22 Army’’ in title III of division C of Public Law 110–329, 

23 $87,000,000 is rescinded. 

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

25 section. 
28 

•HR 4899 EAH 

1 SEC. 4117. (a) SPECIFIC APPROPRIATION OR CON2 TRIBUTION.—Section 1702 of the Energy Policy Act of 2005 

3 (42 U.S.C. 16512) is amended— 

4 (1) by striking subsection (b) and inserting the 

5 following: 

6 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 

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

8 unless— 

9 ‘‘(A) an appropriation for the cost of the 

10 guarantee has been made; 

11 ‘‘(B) the Secretary has received from the 

12 borrower a payment in full for the cost of the 

13 guarantee and deposited the payment into the 

14 Treasury; or 

15 ‘‘(C) a combination of one or more appro16 priations under subparagraph (A) and one or 

17 more payments from the borrower under sub18 paragraph (B) has been made that is sufficient 

19 to cover the cost of the guarantee. 

20 ‘‘(2) LIMITATION.—The source of payments re21 ceived from a borrower under paragraph (1)(B) or 

22 (C) shall not be a loan or other debt obligation that 

23 is made or guaranteed by the Federal Government.’’; 

24 and 

25 (2) by adding at the end the following: 
29 

•HR 4899 EAH 

1 ‘‘(l) CREDIT REPORT.—If, in the opinion of the Sec2 retary, a third-party credit rating of the applicant or 

3 project is not necessary for the Secretary to begin review 

4 of an application, the project costs are not projected to ex5 ceed $100,000,000, and the applicant agrees to accept the 

6 credit rating assigned to the applicant by the Secretary, 

7 the Secretary may waive an otherwise applicable require8 ment (including any requirement described in part 609 of 

9 title 10, Code of Federal Regulations) to provide a third10 party credit report with an application, provided that the 

11 Secretary requires a third party credit report prior to 

12 issuance of a conditional commitment for a guarantee. 

13 ‘‘(m) MULTIPLE SITES.—Notwithstanding any con14 trary requirement (including any provision under part 609 

15 of title 10, Code of Federal Regulations) an eligible project 

16 may be located on two or more non-contiguous sites in the 

17 United States.’’. 

18 (b) APPLICATIONS FOR MULTIPLE ELIGIBLE

19 PROJECTS.—Section 1705 of the Energy Policy Act of 2005 

20 (42 U.S.C. 16516) is amended— 

21 (1) by redesignating subsection (e) as subsection 

22 (f); and 

23 (2) by inserting after subsection (d) the fol24 lowing: 
30 

•HR 4899 EAH 

1 ‘‘(e) MULTIPLE APPLICATIONS.—Notwithstanding any 

2 contrary requirement (including any provision under part 

3 609.3(a) of title 10, Code of Federal Regulations), a project 

4 applicant or sponsor of an eligible project may submit an 

5 application for more than one eligible project under this 

6 section.’’. 

7 (c) ENERGY EFFICIENCY LOAN GUARANTEES.—Sec8 tion 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 

9 16516(a)) is amended by adding at the end the following: 

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

11 ‘‘(5) Combined heat and power or industrial 

12 waste energy recovery projects.’’. 

13 (d) ADMINISTRATIVE COSTS.—Section 136 of the En14 ergy Independence and Security Act of 2007 (42 U.S.C. 

15 17013) is amended by striking subsection (f) and inserting 

16 the following: 

17 ‘‘(f) FEES.—The Secretary is authorized to 

18 charge and collect fees from applicants for or recipi19 ents of an award or loan to cover administrative 

20 costs. For any given loan or award, such fees shall 

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

22 award. In addition to the foregoing fees, the Secretary 

23 may require applicants for and recipients of an 

24 award or loan under this section to pay directly, or 

25 through the payment of fees to be used by the Sec-
31 

•HR 4899 EAH 

1 retary to pay, all fees and expenses of agents, consult2 ants, and professional advisors retained by the Sec3 retary in connection with activities authorized under 

4 this section.’’. 

5 (RESCISSIONS)

6 SEC. 4118. There are rescinded the following amounts 

7 from the specified accounts: 

8 (1) $35,000,000, to be derived from unobligated 

9 balances made available under ‘‘Mississippi River 

10 and Tributaries’’ in Public Law 110–329. 

11 (2) $4,874,037, to be derived from unobligated 

12 balances made available under ‘‘Flood Control and 

13 Coastal Emergencies’’ in Public Law 109–234. 

14 (3) $5,005,400, to be derived from unobligated 

15 balances made available under ‘‘Flood Control and 

16 Coastal Emergencies’’ in title V of Public Law 110– 

17 28. 

18 (4) $2,199,629, to be derived from unobligated 

19 balances made available under ‘‘Construction’’ in 

20 Public Law 109–148. 

21 (RESCISSIONS)

22 SEC. 4119. (a) There are rescinded the following 

23 amounts from the specified accounts: 

24 (1) $150,000,000, to be derived from unobligated 

25 balances of funds made available under the heading 

26 ‘‘Corps of Engineers, Civil—Construction’’ in prior 
32 

•HR 4899 EAH 

1 appropriations Acts (other than Public Law 111–5) 

2 for projects and activities authorized under section 

3 205 of the Flood Control Act of 1948, section 1135 of 

4 the Water Resources Development Act of 1986, and 

5 section 206 of the Water Resources Act of 1996. 

6 (2) $40,000,000, to be derived from unobligated 

7 balances of funds made available under the heading 

8 ‘‘Corps of Engineers, Civil—Construction’’ in prior 

9 appropriations Acts, other than funds designated by 

10 the Congress as an emergency requirement pursuant 

11 to a concurrent resolution on the budget or the Bal12 anced Budget and Emergency Deficit Control Act of 

13 1985. 

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

15 section. 

16 (RESCISSIONS)

17 SEC. 4120. (a) There are rescinded the following 

18 amounts from the specified accounts: 

19 (1) $78,000,000, to be derived from unobligated 

20 balances of funds made available under the heading 

21 ‘‘Department of Energy—Energy Efficiency and Re22 newable Energy’’ in division C of Public Law 111– 

23 8 and Public Law 111–85 for biomass and bio24 refinery research, development, and demonstration. 

25 (2) $71,000,000, to be derived from unobligated 

26 balances of funds made available in prior appropria-
33 

•HR 4899 EAH 

1 tions Acts under the heading ‘‘Department of En2 ergy—Strategic Petroleum Reserve’’, including 

3 $14,493,000 provided in Public Law 110–161 for new 

4 site land acquisition activities; $31,507,000 provided 

5 in Public Law 111–8 for new site expansion activi6 ties, beyond land acquisition; and $25,000,000 pro7 vided in Public Law 111–85. 

8 (3) $20,000,000, to be derived from unobligated 

9 balances of funds made available in prior appropria10 tions Acts under the heading ‘‘Department of En11 ergy—Nuclear Energy’’. 

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

13 section. 

14 (RESCISSION)

15 SEC. 4121. Of the unobligated balances of funds pro16 vided under the heading ‘‘Nuclear Regulatory Commission’’ 

17 in prior appropriations Acts, $18,000,000 is permanently 

18 rescinded: Provided, That section 3002 shall not apply to 

19 the amount in this section. 

20 (RESCISSION)

21 SEC. 4122. From unobligated balances of prior year 

22 appropriations made available to ‘‘Domestic Nuclear Detec23 tion Office—Systems Acquisition’’, $50,000,000 is re24 scinded: Provided, That section 3002 shall not apply to the 

25 amount in this section. 
34 

•HR 4899 EAH 

1 SEC. 4123. (a) The Administrator of General Services, 

2 not later than 90 days after the date of enactment of this 

3 Act, shall prepare and submit to the Congress a building 

4 project survey report related to a consolidated headquarters 

5 for the Federal Bureau of Investigation in the Washington 

6 metropolitan region (as defined in section 8301 of title 40, 

7 United States Code). 

8 (b) The building project survey report shall be pre9 pared by the Administrator of General Services in consulta10 tion with the Director of the Federal Bureau of Investiga11 tion, and each strategy described in the report shall contain, 

12 at a minimum, an estimated cost, a financing and develop13 ment plan, a budgetary and financial impact analysis, a 

14 procurement and implementation plan, an analysis of secu15 rity and information technology issues specific to the Fed16 eral Bureau of Investigation, and a schedule. 

17 (c) The building project survey report shall identify 

18 a preferred strategy. 

19 (RESCISSION)

20 SEC. 4124. There are permanently rescinded from 

21 ‘‘General Services Administration—Real Property Activi22 ties—Federal Building Fund’’, $75,000,000 from Rental of 

23 Space and $25,000,000 from Building Operations, to be de24 rived from unobligated balances that were provided in pre25 vious appropriations Acts: Provided, That section 3002 

26 shall not apply to the amount in this section. 
35 

•HR 4899 EAH 

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 4125. (a) The Secretary of Homeland Security 

3 may transfer to the Secretary of the Interior amounts avail4 able for environmental mitigation requirements for ‘‘U.S. 

5 Customs and Border Protection—Border Security Fencing, 

6 Infrastructure, and Technology’’ for fiscal year 2009 or 

7 thereafter, for use by the Secretary of the Interior under 

8 laws administered by such Secretary to mitigate adverse en9 vironmental impacts, including impact on species listed 

10 under the Endangered Species Act of 1973 (16 U.S.C. 1531 

11 et seq.) resulting from construction, operation, and mainte12 nance activities related to border security. 

13 (b) Uses of funds authorized by this section include ac14 quisition of land or interests in land that will, in the judg15 ment of the Secretary of the Interior, mitigate or off-set such 

16 adverse impacts. 

17 (c) Any funds transferred under this section shall be 

18 used in accordance with an agreement between the Secre19 taries. 

20 (d) Not later than September 30, 2010, and on an an21 nual basis thereafter, the Secretary of the Interior shall sub22 mit to the Committees on Appropriations of the Senate and 

23 the House of Representatives a report that describes in de24 tail the actions taken in the preceding year with amounts 

25 transferred under this section. 
36 

•HR 4899 EAH 

1 (RESCISSION)

2 SEC. 4126. From unobligated balances of prior year 

3 appropriations made available for ‘‘Transportation Secu4 rity Administration—Aviation Security’’ in chapter 5 of 

5 title III of Public Law 110–28, $6,600,000 is rescinded. 

6 (RESCISSION)

7 SEC. 4127. From unobligated balances of prior year 

8 appropriations made available for ‘‘United States Coast 

9 Guard—Acquisition, Construction, and Improvements’’ in 

10 chapter 4 of title I of division B of Public Law 109–148, 

11 $3,000,000 is rescinded. 

12 (RESCISSION)

13 SEC. 4128. From unobligated balances of prior year 

14 appropriations made available for ‘‘United States Coast 

15 Guard—Acquisition, Construction, and Improvements’’ in 

16 chapter 4 of title II of Public Law 109–234, $4,000,000 is 

17 rescinded. 

18 (RESCISSION)

19 SEC. 4129. From unobligated balances of prior year 

20 appropriations made available for ‘‘Federal Emergency 

21 Management Agency—Administrative and Regional Oper22 ations’’ in chapter 4 of title II of Public Law 109–234, 

23 $36,000,000 is rescinded. 

24 (RESCISSION)

25 SEC. 4130. From unobligated balances of prior year 

26 appropriations made available for ‘‘Domestic Nuclear De-
37 

•HR 4899 EAH 

1 tection Office—Research, Development, and Operations’’ in 

2 chapter 5 of title III of Public Law 110–28, $3,800,000 is 

3 rescinded. 

4 (RESCISSION)

5 SEC. 4131. From unobligated balances of prior year 

6 appropriations made available to ‘‘U.S. Customs and Bor7 der Protection—Border Security Fencing, Infrastructure, 

8 and Technology’’, $200,000,000 is rescinded: Provided, That 

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

10 SEC. 4132. Notwithstanding any other provision of 

11 law, including any agreement, the Federal share of assist12 ance, including direct Federal assistance provided under 

13 sections 403, 406, and 407 of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C. 

15 5170b, 5172, and 5173), for damages resulting from 

16 FEMA–1909–DR, FEMA–1894–DR, and FEMA–3311– 

17 EM–RI shall not be less than 90 percent of the eligible costs 

18 under such sections. 

19 (RESCISSION)

20 SEC. 4133. Of the funds made available for ‘‘Bureau 

21 of Land Management—Management of Lands and Re22 sources’’ in title VII of division A of Public Law 111–5, 

23 $6,400,000 is rescinded. 
38 

•HR 4899 EAH 

1 (RESCISSION)

2 SEC. 4134. Of the funds made available for ‘‘Bureau 

3 of Land Management—Construction’’ in title VII of divi4 sion A of Public Law 111–5, $3,600,000 is rescinded. 

5 (RESCISSION)

6 SEC. 4135. Of the funds made available for ‘‘National 

7 Park Service—Construction’’ in title VII of division A of 

8 Public Law 111–5, $3,200,000 is rescinded. 

9 (RESCISSION)

10 SEC. 4136. Of the funds made available for ‘‘United 

11 States Geological Survey—Surveys, Investigations, and Re12 search’’ in title VII of division A of Public Law 111–5, 

13 $5,000,000 is rescinded. 

14 (RESCISSION)

15 SEC. 4137. Of the funds made available for ‘‘Bureau 

16 of Indian Affairs—Construction’’ in title VII of division 

17 A of Public Law 111–5, $2,934,000 is rescinded. 

18 (RESCISSION)

19 SEC. 4138. Of the funds made available for ‘‘Bureau 

20 of Indian Affairs—Indian Guaranteed Loan Program Ac21 count’’ in title VII of division A of Public Law 111–5, 

22 $6,820,000 is rescinded. 

23 (RESCISSION)

24 SEC. 4139. Of the funds made available for ‘‘Environ25 mental Protection Agency—Hazardous Substance Super-
39 

•HR 4899 EAH 

1 fund’’ in title VII of division A of Public Law 111–5, 

2 $6,000,000 is rescinded. 

3 (RESCISSION)

4 SEC. 4140. Of the funds made available for ‘‘Environ5 mental Protection Agency—Leaking Underground Storage 

6 Tank Trust Fund Program’’ in title VII of division A of 

7 Public Law 111–5, $9,200,000 is rescinded. 

8 (RESCISSION)

9 SEC. 4141. Of the funds made available for transfer 

10 in title VII of division A of Public Law 111–5, ‘‘Environ11 mental Protection Agency—Environmental Programs and 

12 Management’’, $13,000,000 is rescinded. 

13 (RESCISSION)

14 SEC. 4142. Of the funds made available for ‘‘Depart15 ment of Agriculture—Forest Service—Capital Improve16 ment and Maintenance’’ in title VII of division A of Public 

17 Law 111–5, $20,000,000 is rescinded. 

18 (RESCISSION)

19 SEC. 4143. Of the funds transferred in section 703 of 

20 title VII of division A of Public Law 111–5, ‘‘Department 

21 of the Interior—Working Capital Fund’’, $4,400,000 is per22 manently rescinded. 

23 (RESCISSION)

24 SEC. 4144. Of the funds made available for ‘‘National 

25 Park Service—Construction’’ in chapter 5 of title II of Pub26 lic Law 105–18, $7,600,000 is rescinded. 
40 

•HR 4899 EAH 

1 (RESCISSION)

2 SEC. 4145. Of the funds made available for ‘‘National 

3 Park Service—Construction’’ in chapter 7 of division B of 

4 Public Law 108–324, $5,104,000 is rescinded. 

5 (RESCISSION)

6 SEC. 4146. Of the funds made available for ‘‘National 

7 Park Service—Construction’’ in chapter 5 of title II of Pub8 lic Law 109–234, $6,700,000 is rescinded. 

9 (RESCISSION)

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

11 Wildlife Service—Construction’’ in chapter 6 of title I of 

12 division B of Public Law 110–329, $13,300,000 is re13 scinded. 

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

15 Shelf Lands Act (43 U.S.C. 1340(c)(1)) is amended in the 

16 fourth sentence by striking ‘‘within thirty days of its sub17 mission,’’ and inserting the following: ‘‘within 90 days of 

18 its submission or within such additional time as the Sec19 retary determines is necessary to complete any environ20 mental, safety, or other reviews (in the case of leases issued 

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

22 90 days of its submission or, with the consent of the holder 

23 of the lease, within such additional time as the Secretary 

24 determines is necessary to complete any environmental, 

25 safety, or other reviews (in the case of leases issued pursuant 

26 to a sale held on or before March 17, 2010),’’. 
41 

•HR 4899 EAH 

1 SEC. 4149. From funds appropriated in this Act under 

2 the heading ‘‘Department of Health and Human Services— 

3 Office of the Secretary—Public Health and Social Services 

4 Emergency Fund’’, the Secretary of Health and Human 

5 Services shall make grants to States, in the amount needed 

6 to defray actual costs, for the purpose of assisting school 

7 districts serving significant numbers of children who en8 tered the United States from Haiti during the period Janu9 ary 12, 2010, through May 30, 2010, and who are United 

10 States citizens or Haitian nationals, to meet the edu11 cational and related needs of such children. 

12 (RESCISSION)

13 SEC. 4150. The unobligated balance of funds appro14 priated in the Departments of Labor, Health and Human 

15 Services, and Education, and Related Agencies Appropria16 tions Act, 1995 (Public Law 103–333; 108 Stat. 2574) 

17 under the heading ‘‘Public Health and Social Services 

18 Emergency Fund’’ is rescinded. 

19 SEC. 4151. Amounts in section 1012 of division B of 

20 Public Law 111–118 shall be deemed to have been des21 ignated by such section on the date of its enactment as an 

22 emergency requirement and necessary to meet emergency 

23 needs pursuant to sections 403 and 423(b) of S. Con. Res. 

24 13 (111th Congress), the concurrent resolution on the budget 

25 for fiscal year 2010. 
42 

•HR 4899 EAH 

1 SEC. 4152. (a) OIL SPILL UNEMPLOYMENT ASSIST2 ANCE.—Upon a determination by the President that addi3 tional resources are necessary to respond to an incident re4 lated to a spill of national significance declared under the 

5 National Contingency Plan provided for under section 105 

6 of the Comprehensive Environmental Response, Compensa7 tion, and Liability Act of 1980 (42 U.S.C. 9605) (‘‘covered 

8 incident’’), the Secretary of Labor is authorized to provide 

9 to any individual unemployed as a result of such covered 

10 incident such benefit assistance as the Secretary deems ap11 propriate while such individual is unemployed for the weeks 

12 of such unemployment with respect to which the individual 

13 is not entitled to any other unemployment compensation 

14 (as that term is defined in section 85(b) of the Internal Rev15 enue Code of 1986) or waiting period credit. Such assist16 ance as the Secretary shall provide shall be available to an 

17 individual as long as the individual’s unemployment 

18 caused by such covered incident continues or until the indi19 vidual is reemployed in a suitable position, but no longer 

20 than 26 weeks after the individual’s unemployment that re21 sulted from the covered incident. Oil spill unemployment 

22 assistance payments for a week of unemployment shall not 

23 exceed the maximum weekly amount authorized under the 

24 unemployment compensation law of the individual’s State. 

25 The Secretary is directed to provide such assistance through 
43 

•HR 4899 EAH 

1 agreements with States that, in the Secretary’s judgment, 

2 have an adequate system for administering such assistance 

3 through existing State agencies. 

4 (b) FEDERAL-STATE AGREEMENTS.—Any State af5 fected by a covered incident may enter into and participate 

6 in an agreement under this section with the Secretary. Any 

7 State which is a party to an agreement under this section 

8 may, upon providing 30 days’ written notice to the Sec9 retary, terminate such agreement. 

10 (c) PROVISIONS OF AGREEMENT.—Any agreement 

11 under subsection (b) shall provide that the State agency of 

12 the State will— 

13 (1) make payments of oil spill unemployment as14 sistance to individuals who— 

15 (A) are unemployed as a result of a covered 

16 incident; 

17 (B) have no rights to regular compensation 

18 or extended compensation with respect to a week 

19 under State law or any other State unemploy20 ment compensation law or to compensation 

21 under any other Federal law; and 

22 (C) are not receiving compensation with re23 spect to such week under the unemployment com24 pensation law of Canada; and 
44 

•HR 4899 EAH 

1 (2) refer individuals receiving oil spill unem2 ployment assistance under this section to one-stop de3 livery systems established under section 134(c) of the 

4 Workforce Investment Act of 1998 for reemployment 

5 services or training provided under such Act, the 

6 Wagner-Peyser Act, or other Federal law. 

7 (d) WEEKLY BENEFIT AMOUNT, DUE PROCESS

8 RIGHTS.—For purposes of any agreement under this sec9 tion, the terms and conditions of Federal law and regula10 tions which apply to claims for disaster unemployment as11 sistance and to the payment thereof shall apply to claims 

12 for oil spill unemployment assistance and the payment 

13 thereof, except where otherwise inconsistent with the provi14 sions of this section or with the regulations or operating 

15 instructions of the Secretary promulgated to carry out this 

16 section. 

17 (e) UNAUTHORIZED ALIENS INELIGIBLE.—A State 

18 shall require as a condition of oil spill unemployment as19 sistance under this section that each alien who receives such 

20 assistance must be legally authorized to work in the United 

21 States, as defined for purposes of the Federal Unemploy22 ment Tax Act (26 U.S.C. 3101 et seq.). In determining 

23 whether an alien meets the requirements of this subsection, 

24 a State must follow the procedures provided in section 

25 1137(d) of the Social Security Act (42 U.S.C. 1320b–7(d)). 
45 

•HR 4899 EAH 

1 (f) FRAUD AND OVERPAYMENTS.— 

2 (1) IN GENERAL.—If an individual knowingly 

3 has made, or caused to be made by another, a false 

4 statement or representation of a material fact, or 

5 knowingly has failed, or caused another to fail, to dis6 close a material fact, and as a result of such false 

7 statement or representation or of such nondisclosure 

8 such individual has received an amount of oil spill 

9 unemployment assistance under this section to which 

10 such individual was not entitled, such individual— 

11 (A) shall be ineligible for further oil spill 

12 unemployment assistance under this section in 

13 accordance with the provisions of the applicable 

14 State unemployment compensation law relating 

15 to fraud in connection with a claim for unem16 ployment compensation; and 

17 (B) shall be subject to prosecution under 

18 section 1001 of title 18, United States Code. 

19 (2) REPAYMENT.—In the case of an individual 

20 who has received oil spill unemployment assistance 

21 under this section to which such individual was not 

22 entitled, the State shall require such individual to 

23 repay the amount of such oil spill unemployment as24 sistance to the State agency, except that the State 
46 

•HR 4899 EAH 

1 agency may waive such repayment if it determines 

2 that— 

3 (A) the payment of such oil spill unemploy4 ment assistance was without fault on the part of 

5 any such individual; and 

6 (B) such repayment would be contrary to 

7 equity and good conscience. 

8 (3) PREVENTION AND DETECTION BY STATE

9 AGENCY.—The State agency shall submit a weekly 

10 payment file of all benefit payments to the National 

11 Directory of New Hires, and shall make arrangements 

12 for the cross match of the benefit payment recipients’ 

13 social security numbers with the National Directory 

14 of New Hires Reported Hire and Benefit payment 

15 databases a minimum of once each week and inves16 tigate all matches. 

17 (4) RECOVERY BY STATE AGENCY.— 

18 (A) IN GENERAL.—The State agency may 

19 recover the amount to be repaid, or any part 

20 thereof, by deductions from any oil spill unem21 ployment assistance payable to such individual 

22 under this section or from any unemployment 

23 compensation payable to such individual under 

24 any State or Federal unemployment compensa25 tion law administered by the State agency or 
47 

•HR 4899 EAH 

1 under any other State or Federal law adminis2 tered by the State agency which provides for the 

3 payment of any assistance or allowance with re4 spect to any week of unemployment, during the 

5 3-year period after the date such individual re6 ceived the payment of the oil spill unemployment 

7 assistance to which such individual was not enti8 tled, except that no single deduction may exceed 

9 50 percent of the weekly benefit amount from 

10 which such deduction is made. 

11 (B) OPPORTUNITY FOR HEARING.—No re12 payment shall be required, and no deduction 

13 shall be made, until a determination has been 

14 made, notice thereof and an opportunity for a 

15 fair hearing has been given to the individual, 

16 and the determination has become final. 

17 (5) REVIEW.—Any determination by a State 

18 agency under this subsection shall be subject to review 

19 in the same manner and to the same extent as deter20 minations under the State unemployment compensa21 tion law, and only in that manner and to that extent. 

22 (g) PAYMENTS TO STATES.— 

23 (1) BENEFITS.—There shall be paid to each 

24 State that has entered into an agreement under this 

25 section an amount equal to 100 percent of the oil spill 
48 

•HR 4899 EAH 

1 unemployment assistance paid to individuals by the 

2 State under such agreement. 

3 (2) ADMINISTRATION.—There shall be paid to 

4 each State that has entered into an agreement under 

5 this section such amounts as the Secretary determines 

6 necessary for the proper and efficient administration 

7 of such agreement. 

8 (h) FINANCING.— 

9 (1) IN GENERAL.—There are appropriated out of 

10 the general fund of the United States Treasury such 

11 funds as may be necessary in meeting the costs of ben12 efits, Federal administration, and State administra13 tion of agreements under this section. 

14 (2) CERTIFICATION.—The Secretary shall from 

15 time to time certify to the Secretary of the Treasury 

16 for payment to each State the sums payable to such 

17 State under this section. Upon receipt of the certifi18 cation from the Secretary, the Secretary of the Treas19 ury shall make payments to the State in accordance 

20 with such certification, by transfers from the general 

21 fund of the United States Treasury. 

22 (i) RELATIONSHIP WITH INCOME REPLACEMENT PAY23 MENTS FOR LOST WAGES OR SELF EMPLOYMENT INCOME

24 BY THE RESPONSIBLE PARTY.— 
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•HR 4899 EAH 

1 (1) The total combined amount an individual re2 ceives of oil spill unemployment assistance and pay3 ments by the responsible party for either lost wages 

4 or self-employment income shall not exceed the greater 

5 of— 

6 (A) the total amount of unemployment as7 sistance that an individual is entitled to receive 

8 under subsection (a), as determined by the State 

9 agency; or 

10 (B) the liability of the responsible party to 

11 such individual for lost wages or self-employment 

12 income. 

13 (2) If a responsible party or the Oil Spill Liabil14 ity Trust Fund under the Oil Pollution Act of 1990 

15 (33 U.S.C. 2701 et seq.) makes a payment to the indi16 vidual for lost wages related to unemployment result17 ing from a covered incident, and an individual has 

18 previously received unemployment assistance under 

19 this section for such period of unemployment, the re20 sponsible party or the Oil Spill Liability Trust Fund 

21 shall subtract from such payment the amount of such 

22 unemployment assistance and shall reimburse such 

23 subtracted amount to the United States for deposit in 

24 the general fund of the Treasury. If a responsible 

25 party fails to reimburse such subtracted amount pur-
50 

•HR 4899 EAH 

1 suant to this paragraph, the Secretary of the Treas2 ury shall request the Attorney General to bring a civil 

3 action against the responsible party or a guarantor 

4 in an appropriate district court to recover the 

5 amount of the demand, plus all costs incurred in ob6 taining payment including prejudgment interest, at7 torneys fees, and any other administrative and adju8 dicative costs involved. 

9 (3) If a responsible party or the Oil Spill Liabil10 ity Trust Fund has made a payment to an individual 

11 for lost wages related to unemployment resulting from 

12 a covered incident, the amount of such payment shall 

13 be subtracted from the unemployment assistance 

14 under this section that the individual subsequently re15 ceives for such period of unemployment. 

16 (4) Any individual’s receipt of unemployment 

17 assistance under this section related to unemployment 

18 resulting from a covered incident shall be conditional 

19 on the individual taking appropriate actions, as de20 termined by the Secretary, to seek payment for lost 

21 wages for such period of unemployment under the Oil 

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

23 the responsible party or the Oil Spill Liability Trust 

24 Fund. 
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•HR 4899 EAH 

1 (5) Any individual, as a condition of receiving 

2 oil spill unemployment assistance, shall provide in3 formed consent to the sharing of benefit information 

4 between the State agency and the responsible party 

5 (or its claim processor) or the Oil Spill Liability 

6 Trust Fund, as appropriate, for the purpose of deter7 mining eligibility and to avoid duplicate payments 

8 as deemed necessary. 

9 (6) If the Secretary determines the actions de10 scribed in paragraphs (2) through (5) have not suc11 ceeded in avoiding duplicate payments, the Secretary 

12 may take such other actions as the Secretary deter13 mines necessary in order to avoid duplicate pay14 ments, consistent with the responsible party or the Oil 

15 Spill Liability Trust Fund making payments to indi16 viduals for lost wages related to unemployment result17 ing from a covered incident. 

18 (7) The Secretary may take such actions as the 

19 Secretary determines are necessary for implementing 

20 this section, including entering into agreements with 

21 States that have agreements with the Secretary to ad22 minister this program, and the responsible party with 

23 respect to each State’s administration of this program 

24 and payments made by the responsible party to 
52 

•HR 4899 EAH 

1 claimants for lost wages and self-employment income 

2 to establish processes for— 

3 (A) the coordination of payment of oil spill 

4 unemployment assistance under this section and 

5 payments for lost wages and self employment in6 come by the responsible party or the Oil Spill 

7 Liability Trust Fund so as to minimize dupli8 cate payments to claimants, including methods 

9 to— 

10 (i) prevent duplicate payments, such 

11 as developing methods for claims processing 

12 that identify eligibility for both types of 

13 payments so as to ensure the individual re14 ceives no more than the amount specified in 

15 paragraph (1) of this subsection; 

16 (ii) document that individuals who re17 ceived either oil spill unemployment assist18 ance or payments by the responsible party 

19 or the Oil Spill Liability Trust Fund prior 

20 to execution of the agreement were unem21 ployed as a result of the oil spill; and 

22 (iii) ensure prompt and accurate pay23 ment of oil spill unemployment assistance 

24 under this section or payment of claims by 
53 

•HR 4899 EAH 

1 the responsible party or the Oil Spill Li2 ability Trust Fund; 

3 (B) sharing and protecting information re4 garding an individual’s claim for oil spill unem5 ployment assistance or claims for replacement of 

6 wages that is necessary to coordinate benefit 

7 payments and claims by the responsible party or 

8 the Oil Spill Liability Trust Fund under sub9 paragraph (A); 

10 (C) reimbursement by the responsible party 

11 to the Federal Government and States for pay12 ment of oil spill unemployment assistance to in13 dividuals whose unemployment was the result of 

14 a covered incident and for the administration of 

15 this program, which may include the responsible 

16 party developing a special fund for use by the 

17 States to pay benefits under this program, in ac18 cordance with the process developed under sub19 paragraph (A) with a periodic reconciliation 

20 process to make future claims unnecessary; 

21 (D) ensuring that the responsible party 

22 shall make benefit information available to gov23 ernment organizations upon request, subject to 

24 the safeguards applicable to confidential unem25 ployment compensation information in Federal 
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•HR 4899 EAH 

1 law and regulations, which shall apply to the 

2 Secretary, the State agencies administering the 

3 oil spill unemployment assistance program, the 

4 responsible party, and the Oil Spill Liability 

5 Trust Fund; and 

6 (E) developing similar agreements with the 

7 responsible party to coordinate payments of un8 employment compensation under State law re9 lated to a covered incident and payments made 

10 by the responsible party or the Oil Spill Liabil11 ity Trust Fund. 

12 (8) The procedures developed under this section 

13 may be employed by States to coordinate payments of 

14 unemployment compensation under State law related 

15 to a covered incident and payments made by the re16 sponsible party or the Oil Spill Liability Trust Fund. 

17 (j) LIABILITY OF RESPONSIBLE PARTIES.—Each re18 sponsible party under the Oil Pollution Act of 1990 (33 

19 U.S.C. 2701 et seq.) is liable for any costs, net of any pay20 ments by the responsible party to the United States under 

21 subsection (i), incurred by the United States under this sec22 tion and shall, upon the demand of the Secretary of the 

23 Treasury, reimburse the general fund of the Treasury for 

24 these costs as well as the costs of the United States in ad25 ministering its responsibilities under this section. If a re-
55 

•HR 4899 EAH 

1 sponsible party fails to pay a demand of the Secretary of 

2 the Treasury pursuant to this subsection, the Secretary 

3 shall request the Attorney General to bring a civil action 

4 against the responsible party or a guarantor in an appro5 priate district court to recover the amount of the demand, 

6 plus all costs incurred in obtaining payment including pre7 judgment interest, attorneys fees, and any other adminis8 trative and adjudicative costs involved. Such reimburse9 ment shall be without regard to limits of liability under 

10 section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 

11 2704). 

12 (k) EFFECTIVE DATE.—This section shall take effect 

13 immediately upon enactment of this Act and shall apply 

14 to all responsible parties under the Oil Pollution Act of 

15 1990 (33 U.S.C. 2701 et seq.), including any party deter16 mined to be liable under such Act for any incident that 

17 occurred prior to the enactment of this section. 

18 (l) DEFINITIONS.—For purposes of this section: 

19 (1) DUPLICATE PAYMENTS.—The term ‘‘dupli20 cate payments’’ includes any payment that would 

21 cause the individual to receive payments in excess of 

22 the amount determined under paragraph (1) of sub23 section (i). 

24 (2) RESPONSIBLE PARTY.—The term ‘‘respon25 sible party’’ means one or more responsible parties. 
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Labor. 

3 (4) STATE.—The term ‘‘State’’ means any State, 

4 as such term is defined in section 3306(j)(1) of the 

5 Federal Unemployment Tax Act (26 U.S.C. 

6 3306(j)(1)). 

7 (5) STATE AGENCY.—The term ‘‘State agency’’ 

8 means the State agency which administers the unem9 ployment compensation law of the State approved by 

10 the Secretary of Labor under section 3304 of the In11 ternal Revenue Code of 1986. 

12 SEC. 4153. (a) IN GENERAL.—Section 173(a) of the 

13 Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is 

14 amended— 

15 (1) in paragraph (3), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (4), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new para20 graph: 

21 ‘‘(5) to provide assistance to the Governor of any 

22 State within the boundaries of an area that is the 

23 subject of a Presidential determination that addi24 tional resources are necessary to respond to an inci25 dent related to a spill of national significance de-
57 

•HR 4899 EAH 

1 clared under the National Contingency Plan provided 

2 for under section 105 of the Comprehensive Environ3 mental Response, Compensation, and Liability Act of 

4 1980 (42 U.S.C. 9605) (‘covered incident’) to provide 

5 oil spill relief employment in the area.’’. 

6 (b) OIL SPILL RELIEF EMPLOYMENT ASSISTANCE RE7 QUIREMENTS.—Section 173 of the Workforce Investment 

8 Act of 1998 (29 U.S.C. 2918) is amended by adding at the 

9 end the following new subsection: 

10 ‘‘(h) OIL SPILL RELIEF EMPLOYMENT ASSISTANCE

11 REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—Funds made available under 

13 subsection (a)(5)— 

14 ‘‘(A) shall be used to provide oil spill relief 

15 employment on projects involving the cleaning, 

16 restoration, renovation, repair and reconstruc17 tion of lands, marshes, waters, structures, and 

18 facilities located within the area of the covered 

19 incident, as well as offshore areas related to such 

20 incident, and projects that provide food, clothing, 

21 shelter, and other humanitarian assistance to in22 dividuals harmed by the covered incident; 

23 ‘‘(B) may be expended through public and 

24 private agencies and organizations engaged in 

25 such projects; 
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1 ‘‘(C) may be expended to provide employ2 ment and training activities; 

3 ‘‘(D) may be expended to provide personal 

4 protective equipment to workers engaged in oil 

5 spill relief employment described in subpara6 graph (A); 

7 ‘‘(E) may be used to increase the capacity 

8 of States to make available the full range of serv9 ices authorized under this title and provide in10 formation (in languages appropriate to the indi11 viduals served) about, and access to, the variety 

12 of public and private services available to indi13 viduals adversely affected by the covered incident 

14 in One-Stop Career Centers and other access 

15 points (including other public facilities, mobile 

16 service delivery units, and social services offices); 

17 and 

18 ‘‘(F) may be used to provide temporary em19 ployment by public sector entities for a period 

20 not to exceed 6 months, in addition to the oil 

21 spill relief employment described in subpara22 graph (A). 

23 ‘‘(2) ELIGIBILITY.—An individual shall be eligi24 ble for services under subsection (a)(5) if such indi25 vidual is temporarily or permanently laid off as a 
59 

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1 consequence of the covered incident described in such 

2 subsection, is a dislocated worker, is a long-term un3 employed individual, or meets such other criteria as 

4 the Secretary may establish. 

5 ‘‘(3) LIMITATIONS ON OIL SPILL RELIEF EMPLOY6 MENT ASSISTANCE.—No individual shall be employed 

7 under subsection (a)(5) for more than 6 months for 

8 oil spill relief employment related to recovery from a 

9 single covered incident. The Secretary may, upon re10 viewing a State’s request, extend such employment re11 lated to recovery from a single covered incident for up 

12 to an additional 6 months. 

13 ‘‘(4) REIMBURSEMENT.—Each responsible party 

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

15 et seq.) is liable for any costs incurred by the United 

16 States under this subsection or subsection (a)(5) and 

17 shall, upon the demand of the Secretary of the Treas18 ury, reimburse the general fund of the Treasury for 

19 the costs incurred under this subsection or subsection 

20 (a)(5) as well as the costs of the United States in ad21 ministering its responsibilities under this subsection 

22 or subsection (a)(5). If a responsible party fails to 

23 pay a demand of the Secretary of the Treasury pursu24 ant to this subsection or subsection (a)(5), the Sec25 retary shall request the Attorney General to bring a 
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•HR 4899 EAH 

1 civil action against the responsible party or a guar2 antor in an appropriate district court to recover the 

3 amount of the demand, plus all costs incurred in ob4 taining payment including prejudgment interest, at5 torney’s fees, and any other administrative and adju6 dicative costs involved. Such reimbursement shall be 

7 without regard to limits of liability under section 

8 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 

9 2704). 

10 ‘‘(5) USE OF AVAILABLE FUNDS.—Funds appro11 priated for fiscal years 2009 and 2010 and remaining 

12 available for obligation by the Secretary to provide 

13 any assistance authorized under this section shall be 

14 available to assist workers affected by a covered inci15 dent, including workers who have relocated from areas 

16 in which a covered incident has been declared. Under 

17 such conditions as the Secretary may approve, any 

18 State may use funds that remain available for ex19 penditure under any grants awarded to the State 

20 under this section to provide any assistance author21 ized under this subsection. Funds used pursuant to 

22 the authority provided under this paragraph shall be 

23 subject to the reimbursement requirements described 

24 in paragraph (4). 
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1 ‘‘(6) REQUIREMENTS FOR GRANT APPLICA2 TIONS.—An application submitted to the Secretary 

3 under this subsection shall include a detailed descrip4 tion of— 

5 ‘‘(A) how the State will ensure the capacity 

6 of One-Stop Career Centers and other access 

7 points to— 

8 ‘‘(i) provide affected individuals with 

9 information, in languages appropriate to 

10 the individuals served, about the range of 

11 available services; and 

12 ‘‘(ii) provide affected individuals with 

13 access to the range of needed services; 

14 ‘‘(B) how the State will prioritize individ15 uals who are temporarily or permanently laid 

16 off as a consequence of the covered incident in 

17 the assignment of temporary employment posi18 tions; and 

19 ‘‘(C) any other supporting information the 

20 Secretary may require.’’. 

21 (c) EFFECTIVE DATE.—This section, and the amend22 ments made by this section, shall take effect immediately 

23 upon enactment of this Act and shall apply to all respon24 sible parties under the Oil Pollution Act of 1990 (33 U.S.C. 

25 2701 et seq.), including any party determined to be liable 
62 

•HR 4899 EAH 

1 under such Act for any incident that occurred prior to the 

2 enactment of this Act. 

3 (d) APPROPRIATION.—There is appropriated 

4 $50,000,000 for an additional amount for ‘‘Department of 

5 Labor—Employment and Training Administration— 

6 Training and Employment Services’’, to carry out section 

7 173(a)(5) and (h) of the Workforce Investment Act of 1998 

8 (29 U.S.C. 29l8(a)(5) and (h)) (‘‘WIA’’) as amended by this 

9 Act, to remain available through June 30, 2011: Provided, 

10 That funding shall be available upon enactment of this Act, 

11 notwithstanding section 189(g)(l) of WIA. 

12 SEC. 4154. (a) The Secretary of Labor may reserve not 

13 more than 1 percent of the funds available to carry out sec14 tion 4152 of this Act and section 173(h) of the Workforce 

15 Investment Act of 1998 (as added by section 4153 of this 

16 Act) for transfer to appropriate Department of Labor ac17 counts for program administration and support activities 

18 in the Department of Labor associated with such sections, 

19 and for the increased worker protection and workplace ben20 efit activities and oversight and coordination activities in 

21 connection with the application of laws and regulations as22 sociated with the Department’s response to spills of national 

23 significance declared under the National Contingency Plan 

24 provided for under section 105 of the Comprehensive Envi-
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•HR 4899 EAH 

1 ronmental Response, Compensation, and Liability Act of 

2 1980 (42 U.S.C. 9605). 

3 (b) A responsible party under the Oil Pollution Act 

4 of 1990 (33 U.S.C. 2701 et seq.) shall, upon the demand 

5 of the Secretary of the Treasury, reimburse the general fund 

6 of the Treasury for all or a portion of the additional 

7 amount appropriated herein, as determined by the Sec8 retary of the Treasury. 

9 (c) If a responsible party fails to pay a demand of 

10 the Secretary of the Treasury pursuant to this section, the 

11 Secretary shall request the Attorney General to bring a civil 

12 action against the responsible party or a guarantor in an 

13 appropriate district court to recover the amount of the de14 mand, plus all costs incurred in obtaining payment includ15 ing prejudgment interest, attorneys fees, and any other ad16 ministrative and adjudicative costs involved. Such reim17 bursement shall be without regard to limits of liability 

18 under section 1004 of the Oil Pollution Act of 1990 (33 

19 U.S.C. 2704). 

20 (d) This section shall take effect immediately upon en21 actment of this Act and shall apply to all responsible par22 ties under the Oil Pollution Act of 1990, including any 

23 party determined to be liable under such Act for any inci24 dent that occurred prior to the enactment of this Act. 
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1 (e) The Secretary of Labor shall provide to the Com2 mittees on Appropriations of the House of Representatives 

3 and the Senate a report describing the use of the funds not 

4 later than 1 year after the date of enactment of this Act. 

5 (RESCISSION)

6 SEC. 4155. Of the unobligated balance of funds appro7 priated without fiscal year limitation under the heading 

8 ‘‘Department of Health and Human Services—Office of the 

9 Secretary—Public Health and Social Services Emergency 

10 Fund’’ in fiscal years 2006 through 2010 to prepare for and 

11 respond to an influenza pandemic (including any amount 

12 not yet designated by the President as emergency funds) 

13 and the unobligated balance of funds transferred to ‘‘Public 

14 Health and Social Services Emergency Fund’’ pursuant to 

15 the fourth paragraph under such heading in Public Law 

16 111–117, $2,000,000,000 is rescinded: Provided, That the 

17 Secretary of Health and Human Services, in consultation 

18 with the Director of the Office of Management and Budget, 

19 shall determine the amount to be rescinded from each ap20 propriation and shall transmit a written notice of such de21 termination to the Committees on Appropriations of the 

22 House of Representatives and the Senate not later than 30 

23 days after enactment of this Act: Provided further, That sec24 tion 3002 shall not apply to $500,000,000 of the amount 

25 in this section. 
65 

•HR 4899 EAH 

1 (RESCISSION)

2 SEC. 4156. Of the funds appropriated for ‘‘Department 

3 of Education—Innovation and Improvement’’ in division 

4 D of Public Law 111–117 (123 Stat. 3263), $100,000,000 

5 is rescinded, to be derived only from the amount available 

6 for grants authorized under subpart I of part B of title V 

7 of the Elementary and Secondary Education Act of 1965: 

8 Provided, That section 3002 shall not apply to the amount 

9 in this section. 

10 (RESCISSION)

11 SEC. 4157. Of the funds appropriated for ‘‘Department 

12 of Education—Innovation and Improvement’’ in division 

13 A of Public Law 111–5 (123 Stat. 182) and division D 

14 of Public Law 111–117 (123 Stat. 3263), $200,000,000 is 

15 rescinded, to be derived only from amounts available for 

16 the Teacher Incentive Fund: Provided, That section 3002 

17 shall not apply to $100,000,000 of the amount in this sec18 tion. 

19 (RESCISSION)

20 SEC. 4158. Of the funds appropriated for ‘‘Department 

21 of Education—State Fiscal Stabilization Fund’’ in title 

22 XIV of division A of the American Recovery and Reinvest23 ment Act of 2009 (Public Law 111–5; 123 Stat. 279), 

24 $500,000,000 is rescinded, to be derived only from the 

25 amount made available for grants under section 14006 of 

26 such title and through a corresponding reduction in the 
66 

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1 total amount reserved under section 14001(c) of such title 

2 for grants under such section 14006. 

3 SEC. 4159. Amounts appropriated to the Architect of 

4 the Capitol in the Legislative Branch Appropriations Act, 

5 2006 (Public Law 109–55) under the heading ‘‘Architect 

6 of the Capitol—Capitol Police Building and Grounds’’ and 

7 that remain available until September 30, 2010, and 

8 amounts appropriated to the Architect of the Capitol in the 

9 Legislative Branch Appropriations Act, 2010 (Public Law 

10 111–68) under the heading ‘‘Architect of the Capitol—Cap11 itol Police Buildings, Grounds and Security’’ and that re12 main available until September 30, 2014, shall be available 

13 to the Architect of the Capitol for the purchase of real prop14 erty (including any buildings or facilities) for the use of 

15 the Capitol Police. 

16 SEC. 4160. (a) TERMINATION OF OEPPO.—Section 

17 905 of the Emergency Supplemental Act, 2002 (2 U.S.C. 

18 130i) is repealed. 

19 (b) TRANSFER TO SERGEANT AT ARMS.—The func20 tions and responsibilities of the Office of Emergency Plan21 ning, Preparedness, and Operations under section 905 of 

22 the Emergency Supplemental Act, 2002 (2 U.S.C. 130i) (as 

23 in effect on the day before the date referred to in subsection 

24 (c)) shall be transferred and assigned to the Sergeant at 

25 Arms of the House of Representatives. 
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•HR 4899 EAH 

1 (c) EFFECTIVE DATE.—This section and the amend2 ment made by this section shall take effect February 1, 

3 2010. 

4 (RESCISSION)

5 SEC. 4161. Of the unobligated balances available to the 

6 Architect of the Capitol from prior year appropriations for 

7 the Capitol Visitor Center project, $5,000,000 is rescinded: 

8 Provided, That section 3002 shall not apply to the amount 

9 in this section. 

10 (RESCISSION)

11 SEC. 4162. Of the unobligated balances available under 

12 ‘‘Department of Defense, Military Construction, Army’’ 

13 from prior appropriations Acts, $340,000,000 is rescinded: 

14 Provided, That no funds may be rescinded from amounts 

15 that were designated by the Congress as an emergency re16 quirement or as appropriations for overseas deployments 

17 and other activities pursuant to a concurrent resolution on 

18 the budget or the Balanced Budget and Emergency Deficit 

19 Control Act of 1985: Provided further, That section 3002 

20 shall not apply to the amount in this section. 

21 (RESCISSION)

22 SEC. 4163. Of the unobligated balances available under 

23 ‘‘Department of Defense, Military Construction, Navy and 

24 Marine Corps’’ from prior appropriations Acts, 

25 $110,000,000 is rescinded: Provided, That no funds may 

26 be rescinded from amounts that were designated by the Con-
68 

•HR 4899 EAH 

1 gress as an emergency requirement or as appropriations for 

2 overseas deployments and other activities pursuant to a 

3 concurrent resolution on the budget or the Balanced Budget 

4 and Emergency Deficit Control Act of 1985: Provided fur5 ther, That section 3002 shall not apply to the amount in 

6 this section. 

7 (RESCISSION)

8 SEC. 4164. Of the unobligated balances available under 

9 ‘‘Department of Defense, Military Construction, Air Force’’ 

10 from prior appropriations Acts, $50,000,000 is rescinded: 

11 Provided, That no funds may be rescinded from amounts 

12 that were designated by the Congress as an emergency re13 quirement or as appropriations for overseas deployments 

14 and other activities pursuant to a concurrent resolution on 

15 the budget or the Balanced Budget and Emergency Deficit 

16 Control Act of 1985: Provided further, That section 3002 

17 shall not apply to the amount in this section. 

18 (RESCISSION)

19 SEC. 4165. Of the funds made available for the General 

20 Operating Expenses account of the Department of Veterans 

21 Affairs in section 2201(e)(4)(A)(ii) of division B of Public 

22 Law 111–5 (123 Stat. 454; 26 U.S.C. 6428 note), 

23 $6,100,000 is rescinded. 

24 SEC. 4166. None of the funds appropriated or other25 wise made available by this Act may be obligated by any 

26 covered executive agency in contravention of the certifi-
69 

•HR 4899 EAH 

1 cation requirement of section 6(b) of the Iran Sanctions Act 

2 of 1996, as included in the revisions to the Federal Acquisi3 tion Regulation pursuant to such section. 

4 (RESCISSIONS)

5 SEC. 4167. (a) MILLENNIUM CHALLENGE CORPORA6 TION.—Of the unobligated balances available under the 

7 heading ‘‘Millennium Challenge Corporation’’ in title III 

8 of division H of Public Law 111–8 and under such heading 

9 in prior Acts making appropriations for the Department 

10 of State, foreign operations, and related programs, 

11 $150,000,000 is rescinded. 

12 (b) CIVILIAN STABILIZATION INITIATIVE.— 

13 (1) DEPARTMENT OF STATE.—Of the unobligated 

14 balances available under the heading ‘‘Department of 

15 State—Administration of Foreign Affairs—Civilian 

16 Stabilization Initiative’’ in prior Acts making appro17 priations for the Department of State, foreign oper18 ations, and related programs, $40,000,000 is re19 scinded. 

20 (2) UNITED STATES AGENCY FOR INTERNATIONAL

21 DEVELOPMENT.—Of the unobligated balances avail22 able under the heading ‘‘United States Agency for 

23 International Development—Funds Appropriated to 

24 the President—Civilian Stabilization Initiative’’ in 

25 prior Acts making appropriations for the Department 
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•HR 4899 EAH 

1 of State, foreign operations, and related programs, 

2 $30,000,000 is rescinded. 

3 (c) Section 3002 shall not apply to the amounts in 

4 this section. 

5 (RESCISSION)

6 SEC. 4168. Of the unobligated balances available under 

7 the heading ‘‘Capital Investment Fund’’ in title XI of divi8 sion A of Public Law 111-5, $40,000,000 is rescinded. 

9 (RESCISSION)

10 SEC. 4169. Of the unobligated balances of funds made 

11 available under section 108(b) of Public Law 101–100, as 

12 added by Public Law 101–130, to the Emergency Fund au13 thorized by section 125 of title 23, United States Code, 

14 $10,893,687 is rescinded: Provided, That section 3002 shall 

15 not apply to the amount in this section. 

16 (RESCISSIONS)

17 SEC. 4170. There are rescinded the following amounts 

18 from the specified accounts: 

19 (1) ‘‘Department of Transportation—Federal 

20 Aviation Administration—Facilities and Equip21 ment’’, $2,182,544, to be derived from unobligated 

22 balances made available under this heading in Public 

23 Law 108–324. 

24 (2) ‘‘Department of Transportation—Federal 

25 Aviation Administration—Facilities and Equip26 ment’’, $5,705,750, to be derived from unobligated 
71 

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1 balances made available under this heading in Public 

2 Law 109–148. 

3 (3) ‘‘Department of Housing and Urban Devel4 opment—Community Planning and Development— 

5 Community Development Fund’’, $111,602,923, to be 

6 derived from unobligated balances made available 

7 under this heading in chapter 10 of title I of division 

8 B of Public Law 110–329. 

9 SEC. 4171. The item relating to ‘‘Federal Housing Ad10 ministration—General and Special Risk Program Ac11 count’’ in title II of division A of the Consolidated Appro12 priations Act, 2010 (Public Law 111–117; 123 Stat. 3091) 

13 is amended by striking ‘‘$15,000,000,000’’ and inserting 

14 ‘‘$20,000,000,000’’: Provided, That section 3002 shall not 

15 apply to the amount in this section. 

16 SEC. 4172. Section 1117(d) of the Transportation Eq17 uity Act for the 21st Century (112 Stat. 161) is repealed 

18 and the designation made by that section shall no longer 

19 be effective. 

20 (RESCISSION)

21 SEC. 4173. Of the unobligated balances of contract au22 thority apportioned to each State for the programs listed 

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

24 the equity bonus program under section 105 of such title 

25 and the high priority projects program under section 117 

26 of such title), $2,200,000,000 is permanently rescinded: 
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•HR 4899 EAH 

1 Provided, That such rescission shall be distributed within 

2 each State among all programs for which funds were appor3 tioned for fiscal year 2009 and to which the rescission ap4 plies, to the extent sufficient funds remain available for ob5 ligation, in the ratio that the amount of funds apportioned 

6 for each such program for such fiscal year, bears to the 

7 amount of funds apportioned for all such programs for such 

8 fiscal year: Provided further, That funds set aside under 

9 sections 133(d)(2) and 133(d)(3) of title 23, United States 

10 Code, shall be treated as being apportioned for the purposes 

11 of this section: Provided further, That section 1132 of Public 

12 Law 110–140 shall not apply to the rescission under this 

13 section: Provided further, That section 3002 shall not apply 

14 to the amount in this section. 

15 (RESCISSION)

16 SEC. 4174. Of the unobligated balances of funds under 

17 the heading ‘‘Department of Housing and Urban Develop18 ment—Community Planning and Development—Commu19 nity Development Fund’’ made available by section 159 of 

20 Public Law 110–92, as added by division B of Public Law 

21 110–116, $400,000,000 is rescinded. 
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1 CHAPTER 2 

2 PRESERVE ACCESS TO AFFORDABLE GENERICS 

3 ACT 

4 SHORT TITLE

5 SEC. 4201. This chapter may be cited as the ‘‘Preserve 

6 Access to Affordable Generics Act’’. 

7 UNLAWFUL COMPENSATION FOR DELAY

8 SEC. 4202. (a) IN GENERAL.—The Federal Trade 

9 Commission Act (15 U.S.C. 44 et seq.) is amended— 

10 (1) by redesignating section 28 as section 29; 

11 and 

12 (2) by inserting before section 29, as redesig13 nated, the following: 

14 ‘‘SEC. 28. PRESERVING ACCESS TO AFFORDABLE GENERICS. 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) ENFORCEMENT PROCEEDING.—The Federal 

17 Trade Commission may initiate a proceeding to en18 force the provisions of this section against the parties 

19 to any agreement resolving or settling, on a final or 

20 interim basis, a patent infringement claim, in con21 nection with the sale of a drug product. 

22 ‘‘(2) PRESUMPTION.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), in such a proceeding, an agreement 

25 shall be presumed to have anticompetitive effects 

26 and be unlawful if— 
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1 ‘‘(i) an ANDA filer receives anything 

2 of value; and 

3 ‘‘(ii) the ANDA filer agrees to limit or 

4 forego research, development, manufac5 turing, marketing, or sales of the ANDA 

6 product for any period of time. 

7 ‘‘(B) EXCEPTION.—The presumption in 

8 subparagraph (A) shall not apply if the parties 

9 to such agreement demonstrate by clear and con10 vincing evidence that the procompetitive benefits 

11 of the agreement outweigh the anticompetitive ef12 fects of the agreement. 

13 ‘‘(b) COMPETITIVE FACTORS.—In determining whether 

14 the settling parties have met their burden under subsection 

15 (a)(2)(B), the fact finder shall consider— 

16 ‘‘(1) the length of time remaining until the end 

17 of the life of the relevant patent, compared with the 

18 agreed upon entry date for the ANDA product; 

19 ‘‘(2) the value to consumers of the competition 

20 from the ANDA product allowed under the agreement; 

21 ‘‘(3) the form and amount of consideration re22 ceived by the ANDA filer in the agreement resolving 

23 or settling the patent infringement claim; 

24 ‘‘(4) the revenue the ANDA filer would have re25 ceived by winning the patent litigation; 
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1 ‘‘(5) the reduction in the NDA holder’s revenues 

2 if it had lost the patent litigation; 

3 ‘‘(6) the time period between the date of the 

4 agreement conveying value to the ANDA filer and the 

5 date of the settlement of the patent infringement 

6 claim; and 

7 ‘‘(7) any other factor that the fact finder, in its 

8 discretion, deems relevant to its determination of 

9 competitive effects under this subsection. 

10 ‘‘(c) LIMITATIONS.—In determining whether the set11 tling parties have met their burden under subsection 

12 (a)(2)(B), the fact finder shall not presume— 

13 ‘‘(1) that entry would not have occurred until the 

14 expiration of the relevant patent or statutory exclu15 sivity; or 

16 ‘‘(2) that the agreement’s provision for entry of 

17 the ANDA product prior to the expiration of the rel18 evant patent or statutory exclusivity means that the 

19 agreement is pro-competitive, although such evidence 

20 may be relevant to the fact finder’s determination 

21 under this section. 

22 ‘‘(d) EXCLUSIONS.—Nothing in this section shall pro23 hibit a resolution or settlement of a patent infringement 

24 claim in which the consideration granted by the NDA hold-
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1 er to the ANDA filer as part of the resolution or settlement 

2 includes only one or more of the following: 

3 ‘‘(1) The right to market the ANDA product in 

4 the United States prior to the expiration of— 

5 ‘‘(A) any patent that is the basis for the 

6 patent infringement claim; or 

7 ‘‘(B) any patent right or other statutory ex8 clusivity that would prevent the marketing of 

9 such drug. 

10 ‘‘(2) A payment for reasonable litigation ex11 penses not to exceed $7,500,000. 

12 ‘‘(3) A covenant not to sue on any claim that the 

13 ANDA product infringes a United States patent. 

14 ‘‘(e) REGULATIONS AND ENFORCEMENT.— 

15 ‘‘(1) REGULATIONS.—The Federal Trade Com16 mission may issue, in accordance with section 553 of 

17 title 5, United States Code, regulations implementing 

18 and interpreting this section. These regulations may 

19 exempt certain types of agreements described in sub20 section (a) if the Commission determines such agree21 ments will further market competition and benefit 

22 consumers. Judicial review of any such regulation 

23 shall be in the United States District Court for the 

24 District of Columbia pursuant to section 706 of title 

25 5, United States Code. 
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1 ‘‘(2) ENFORCEMENT.—A violation of this section 

2 shall be treated as a violation of section 5. 

3 ‘‘(3) JUDICIAL REVIEW.—Any person, partner4 ship or corporation that is subject to a final order of 

5 the Commission, issued in an administrative adju6 dicative proceeding under the authority of subsection 

7 (a)(1), may, within 30 days of the issuance of such 

8 order, petition for review of such order in the United 

9 States Court of Appeals for the District of Columbia 

10 Circuit or the United States Court of Appeals for the 

11 circuit in which the ultimate parent entity, as defined 

12 at 16 C.F.R. 801.1(a)(3), of the NDA holder is incor13 porated as of the date that the NDA is filed with the 

14 Secretary of the Food and Drug Administration, or 

15 the United States Court of Appeals for the circuit in 

16 which the ultimate parent entity of the ANDA filer is 

17 incorporated as of the date that the ANDA is filed 

18 with the Secretary of the Food and Drug Administra19 tion. In such a review proceeding, the findings of the 

20 Commission as to the facts, if supported by evidence, 

21 shall be conclusive. 

22 ‘‘(f) ANTITRUST LAWS.—Nothing in this section shall 

23 be construed to modify, impair, or supersede the applica24 bility of the antitrust laws as defined in subsection (a) of 

25 the first section of the Clayton Act (15 U.S.C. 12(a)) and 
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1 of section 5 of this Act to the extent that section 5 applies 

2 to unfair methods of competition. Nothing in this section 

3 shall modify, impair, limit or supersede the right of an 

4 ANDA filer to assert claims or counterclaims against any 

5 person, under the antitrust laws or other laws relating to 

6 unfair competition. 

7 ‘‘(g) PENALTIES.— 

8 ‘‘(1) FORFEITURE.—Each person, partnership or 

9 corporation that violates or assists in the violation of 

10 this section shall forfeit and pay to the United States 

11 a civil penalty sufficient to deter violations of this 

12 section, but in no event greater than 3 times the value 

13 received by the party that is reasonably attributable 

14 to a violation of this section. If no such value has 

15 been received by the NDA holder, the penalty to the 

16 NDA holder shall be shall be sufficient to deter viola17 tions, but in no event greater than 3 times the value 

18 given to the ANDA filer reasonably attributable to the 

19 violation of this section. Such penalty shall accrue to 

20 the United States and may be recovered in a civil ac21 tion brought by the Federal Trade Commission, in its 

22 own name by any of its attorneys designated by it for 

23 such purpose, in a district court of the United States 

24 against any person, partnership or corporation that 

25 violates this section. In such actions, the United 
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1 States district courts are empowered to grant manda2 tory injunctions and such other and further equitable 

3 relief as they deem appropriate. 

4 ‘‘(2) CEASE AND DESIST.— 

5 ‘‘(A) IN GENERAL.—If the Commission has 

6 issued a cease and desist order with respect to a 

7 person, partnership or corporation in an admin8 istrative adjudicative proceeding under the au9 thority of subsection (a)(1), an action brought 

10 pursuant to paragraph (1) may be commenced 

11 against such person, partnership or corporation 

12 at any time before the expiration of 1 year after 

13 such order becomes final pursuant to section 

14 5(g). 

15 ‘‘(B) EXCEPTION.—In an action under sub16 paragraph (A), the findings of the Commission 

17 as to the material facts in the administrative ad18 judicative proceeding with respect to such per19 son’s, partnership’s or corporation’s violation of 

20 this section shall be conclusive unless— 

21 ‘‘(i) the terms of such cease and desist 

22 order expressly provide that the Commis23 sion’s findings shall not be conclusive; or 

24 ‘‘(ii) the order became final by reason 

25 of section 5(g)(1), in which case such find-
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1 ing shall be conclusive if supported by evi2 dence. 

3 ‘‘(3) CIVIL PENALTY.—In determining the 

4 amount of the civil penalty described in this section, 

5 the court shall take into account— 

6 ‘‘(A) the nature, circumstances, extent, and 

7 gravity of the violation; 

8 ‘‘(B) with respect to the violator, the degree 

9 of culpability, any history of violations, the abil10 ity to pay, any effect on the ability to continue 

11 doing business, profits earned by the NDA hold12 er, compensation received by the ANDA filer, 

13 and the amount of commerce affected; and 

14 ‘‘(C) other matters that justice requires. 

15 ‘‘(4) REMEDIES IN ADDITION.—Remedies pro16 vided in this subsection are in addition to, and not 

17 in lieu of, any other remedy provided by Federal law. 

18 Nothing in this paragraph shall be construed to affect 

19 any authority of the Commission under any other 

20 provision of law. 

21 ‘‘(h) DEFINITIONS.—In this section: 

22 ‘‘(1) AGREEMENT.—The term ‘agreement’ means 

23 anything that would constitute an agreement under 

24 section 1 of the Sherman Act (15 U.S.C. 1) or section 

25 5 of this Act. 
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1 ‘‘(2) AGREEMENT RESOLVING OR SETTLING A

2 PATENT INFRINGEMENT CLAIM.—The term ‘agreement 

3 resolving or settling a patent infringement claim’ in4 cludes any agreement that is entered into within 30 

5 days of the resolution or the settlement of the claim, 

6 or any other agreement that is contingent upon, pro7 vides a contingent condition for, or is otherwise re8 lated to the resolution or settlement of the claim. 

9 ‘‘(3) ANDA.—The term ‘ANDA’ means an abbre10 viated new drug application, as defined under section 

11 505(j) of the Federal Food, Drug, and Cosmetic Act 

12 (21 U.S.C. 355(j)). 

13 ‘‘(4) ANDA FILER.—The term ‘ANDA filer’ 

14 means a party who has filed an ANDA with the Food 

15 and Drug Administration. 

16 ‘‘(5) ANDA PRODUCT.—The term ‘ANDA prod17 uct’ means the product to be manufactured under the 

18 ANDA that is the subject of the patent infringement 

19 claim. 

20 ‘‘(6) DRUG PRODUCT.—The term ‘drug product’ 

21 means a finished dosage form (e.g., tablet, capsule, or 

22 solution) that contains a drug substance, generally, 

23 but not necessarily, in association with 1 or more 

24 other ingredients, as defined in section 314.3(b) of 

25 title 21, Code of Federal Regulations. 
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1 ‘‘(7) NDA.—The term ‘NDA’ means a new drug 

2 application, as defined under section 505(b) of the 

3 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

4 355(b)). 

5 ‘‘(8) NDA HOLDER.—The term ‘NDA holder’ 

6 means— 

7 ‘‘(A) the party that received FDA approval 

8 to market a drug product pursuant to an NDA; 

9 ‘‘(B) a party owning or controlling enforce10 ment of the patent listed in the Approved Drug 

11 Products With Therapeutic Equivalence Evalua12 tions (commonly known as the ‘FDA Orange 

13 Book’) in connection with the NDA; or 

14 ‘‘(C) the predecessors, subsidiaries, divi15 sions, groups, and affiliates controlled by, con16 trolling, or under common control with any of 

17 the entities described in subparagraphs (A) and 

18 (B) (such control to be presumed by direct or in19 direct share ownership of 50 percent or greater), 

20 as well as the licensees, licensors, successors, and 

21 assigns of each of the entities. 

22 ‘‘(9) PATENT INFRINGEMENT.—The term ‘patent 

23 infringement’ means infringement of any patent or of 

24 any filed patent application, extension, reissue, re25 newal, division, continuation, continuation in part, 
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1 reexamination, patent term restoration, patents of ad2 dition and extensions thereof. 

3 ‘‘(10) PATENT INFRINGEMENT CLAIM.—The term 

4 ‘patent infringement claim’ means any allegation 

5 made to an ANDA filer, whether or not included in 

6 a complaint filed with a court of law, that its ANDA 

7 or ANDA product may infringe any patent held by, 

8 or exclusively licensed to, the NDA holder of the drug 

9 product. 

10 ‘‘(11) STATUTORY EXCLUSIVITY.—The term ‘stat11 utory exclusivity’ means those prohibitions on the ap12 proval of drug applications under clauses (ii) through 

13 (iv) of section 505(c)(3)(E) (5- and 3-year data exclu14 sivity), section 527 (orphan drug exclusivity), or sec15 tion 505A (pediatric exclusivity) of the Federal Food, 

16 Drug, and Cosmetic Act.’’. 

17 (b) EFFECTIVE DATE.—Section 28 of the Federal 

18 Trade Commission Act, as added by this section, shall 

19 apply to all agreements described in section 28(a)(1) of that 

20 Act entered into after November 15, 2009. Section 28(g) of 

21 the Federal Trade Commission Act, as added by this sec22 tion, shall not apply to agreements entered into before the 

23 date of enactment of this chapter. 

24 NOTICE AND CERTIFICATION OF AGREEMENTS

25 SEC. 4203. (a) NOTICE OF ALL AGREEMENTS.—Sec26 tion 1112(c)(2) of the Medicare Prescription Drug, Im-
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1 provement, and Modernization Act of 2003 (21 U.S.C. 355 

2 note) is amended— 

3 (1) by striking ‘‘the Commission the’’ and insert4 ing the following: ‘‘the Commission— 

5 ‘‘(1) the’’; 

6 (2) by striking the period and inserting ‘‘; and’’; 

7 and 

8 (3) by inserting at the end the following: 

9 ‘‘(2) any other agreement the parties enter into 

10 within 30 days of entering into an agreement covered 

11 by subsection (a) or (b).’’. 

12 (b) CERTIFICATION OF AGREEMENTS.—Section 1112 

13 of such Act is amended by adding at the end the following: 

14 ‘‘(d) CERTIFICATION.—The Chief Executive Officer or 

15 the company official responsible for negotiating any agree16 ment required to be filed under subsection (a), (b), or (c) 

17 shall execute and file with the Assistant Attorney General 

18 and the Commission a certification as follows: ‘I declare 

19 that the following is true, correct, and complete to the best 

20 of my knowledge: The materials filed with the Federal 

21 Trade Commission and the Department of Justice under 

22 section 1112 of subtitle B of title XI of the Medicare Pre23 scription Drug, Improvement, and Modernization Act of 

24 2003, with respect to the agreement referenced in this cer25 tification: (1) represent the complete, final, and exclusive 
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1 agreement between the parties; (2) include any ancillary 

2 agreements that are contingent upon, provide a contingent 

3 condition for, or are otherwise related to, the referenced 

4 agreement; and (3) include written descriptions of any oral 

5 agreements, representations, commitments, or promises be6 tween the parties that are responsive to subsection (a) or 

7 (b) of such section 1112 and have not been reduced to writ8 ing.’.’’. 

9 FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD

10 SEC. 4204. Section 505(j)(5)(D)(i)(V) of the Federal 

11 Food, Drug and Cosmetic Act (21 U.S.C. 

12 355(j)(5)(D)(i)(V)) is amended by inserting ‘‘section 28 of 

13 the Federal Trade Commission Act or’’ after ‘‘that the 

14 agreement has violated’’. 

15 COMMISSION LITIGATION AUTHORITY

16 SEC. 4205. Section 16(a)(2) of the Federal Trade Com17 mission Act (15 U.S.C. 56(a)(2)) is amended— 

18 (1) in subparagraph (D), by striking ‘‘or’’ after 

19 the semicolon; 

20 (2) in subparagraph (E), by inserting ‘‘or’’ after 

21 the semicolon; and 

22 (3) by inserting after subparagraph (E) the fol23 lowing: 

24 ‘‘(F) under section 28;’’. 
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1 STATUTE OF LIMITATIONS

2 SEC. 4206. The Commission shall commence any en3 forcement proceeding described in section 28 of the Federal 

4 Trade Commission Act, as added by section 3202, except 

5 for an action described in section 28(g)(2) of the Federal 

6 Trade Commission Act, not later than 3 years after the date 

7 on which the parties to the agreement file the Notice of 

8 Agreement as provided by section 1112(c) of the Medicare 

9 Prescription Drug Improvement and Modernization Act of 

10 2003 (21 U.S.C. 355 note). 

11 SEVERABILITY

12 SEC. 4207. If any provision of this chapter, an amend13 ment made by this chapter, or the application of such provi14 sion or amendment to any person or circumstance is held 

15 to be unconstitutional, the remainder of this chapter, the 

16 amendments made by this chapter, and the application of 

17 the provisions of such chapter or amendments to any person 

18 or circumstance shall not be affected thereby. 

19 CHAPTER 3 

20 COMPUTATION OF MEDICAID AVERAGE 

21 MANUFACTURER PRICE 

22 COMPUTATION OF MEDICAID AVERAGE MANUFACTURER

23 PRICE (AMP) FOR DRUGS NOT DISPENSED THROUGH

24 RETAIL COMMUNITY PHARMACIES

25 SEC. 4301. (a) IN GENERAL.—Section 

26 1927(k)(1)(B)(i)(IV) of the Social Security Act (42 U.S.C. 
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1 1396r–8(k)(1)(B)(i)(IV)), as amended by section 

2 2503(a)(2)(B) of the Patient Protection and Affordable Care 

3 Act (Public Law 111–148) and by section 1102(c)(2) of the 

4 Health Care and Education Reconciliation Act of 2010 

5 (Public Law 111–152), is amended by inserting after ‘‘re6 tail community pharmacy’’ the following: ‘‘, except that in 

7 the case of an inhalation, infusion, or injectable drug that 

8 is not dispensed through a retail community pharmacy, the 

9 exclusion under this subclause shall not apply to payments 

10 received from, and rebates and discounts provided to, dis11 tributors or hospitals, clinics, doctors, and other entities di12 rectly dispensing the drug; and’’. 

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect as if included in section 2503 

15 of Public Law 111–148. 

16 CHAPTER 4 

17 PUBLIC SAFETY EMPLOYER-EMPLOYEE 

18 COOPERATION ACT 

19 SHORT TITLE

20 SEC. 4401. This chapter may be cited as the ‘‘Public 

21 Safety Employer-Employee Cooperation Act of 2010’’. 

22 DECLARATION OF PURPOSE AND POLICY

23 SEC. 4402. The Congress declares that the following is 

24 the policy of the United States: 

25 (1) Labor-management relationships and part26 nerships are based on trust, mutual respect, open 
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1 communication, bilateral consensual problem solving, 

2 and shared accountability. Labor-management co3 operation fully utilizes the strengths of both parties to 

4 best serve the interests of the public, operating as a 

5 team, to carry out the public safety mission in a 

6 quality work environment. In many public safety 

7 agencies, it is the union that provides the institu8 tional stability as elected leaders and appointees come 

9 and go. 

10 (2) State and local public safety officers play an 

11 essential role in the efforts of the United States to de12 tect, prevent, and respond to terrorist attacks, and to 

13 respond to natural disasters, hazardous materials, 

14 and other mass casualty incidents. State and local 

15 public safety officers, as first responders, are a compo16 nent of our Nation’s National Incident Management 

17 System, developed by the Department of Homeland 

18 Security to coordinate response to and recovery from 

19 terrorism, major natural disasters, and other major 

20 emergencies. Public safety employer-employee coopera21 tion is essential in meeting these needs and is, there22 fore, in the National interest. 

23 (3) The Federal Government needs to encourage 

24 conciliation, mediation, and voluntary arbitration to 

25 aid and encourage employers and the representatives 
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1 of their employees to reach and maintain agreements 

2 concerning rates of pay, hours, and working condi3 tions, and to make all reasonable efforts through nego4 tiations to settle their differences by mutual agree5 ment reached through collective bargaining or by such 

6 methods as may be provided for in any applicable 

7 agreement for the settlement of disputes. 

8 (4) The absence of adequate cooperation between 

9 public safety employers and employees has implica10 tions for the security of employees and can affect 

11 interstate and intrastate commerce. The lack of such 

12 labor-management cooperation can detrimentally im13 pact the upgrading of police and fire services of local 

14 communities, the health and well-being of public safe15 ty officers, and the morale of the fire and police de16 partments. Additionally, these factors could have sig17 nificant commercial repercussions. Moreover, pro18 viding minimal standards for collective bargaining 

19 negotiations in the public safety sector can prevent 

20 industrial strife between labor and management that 

21 interferes with the normal flow of commerce. 

22 (5) Many States and localities already provide 

23 public safety officers with collective bargaining rights 

24 comparable to or greater than the rights and respon-
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1 sibilities set forth in this chapter, and such State and 

2 local laws should be respected. 

3 DEFINITIONS

4 SEC. 4403. In this chapter: 

5 (1) AUTHORITY.—The term ‘‘Authority’’ means 

6 the Federal Labor Relations Authority. 

7 (2) CONFIDENTIAL EMPLOYEE.—The term ‘‘con8 fidential employee’’ has the meaning given such term 

9 under applicable State law on the date of enactment 

10 of this Act. If no such State law is in effect, the term 

11 means an individual, employed by a public safety 

12 employer, who— 

13 (A) is designated as confidential; and 

14 (B) is an individual who routinely assists, 

15 in a confidential capacity, supervisory employees 

16 and management employees. 

17 (3) EMERGENCY MEDICAL SERVICES PER18 SONNEL.—The term ‘‘emergency medical services per19 sonnel’’ means an individual who provides out-of-hos20 pital emergency medical care, including an emer21 gency medical technician, paramedic, or first re22 sponder. 

23 (4) EMPLOYER; PUBLIC SAFETY AGENCY.—The 

24 terms ‘‘employer’’ and ‘‘public safety agency’’ mean 

25 any State, or political subdivision of a State, that 

26 employs public safety officers. 
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1 (5) FIREFIGHTER.—The term ‘‘firefighter’’ has 

2 the meaning given the term ‘‘employee engaged in fire 

3 protection activities’’ in section 3(y) of the Fair 

4 Labor Standards Act of 1938 (29 U.S.C. 203(y)). 

5 (6) LABOR ORGANIZATION.—The term ‘‘labor or6 ganization’’ means an organization composed in 

7 whole or in part of employees, in which employees 

8 participate, and which represents such employees be9 fore public safety agencies concerning grievances, con10 ditions of employment, and related matters. 

11 (7) LAW ENFORCEMENT OFFICER.—The term 

12 ‘‘law enforcement officer’’ has the meaning given such 

13 term in section 1204 of the Omnibus Crime Control 

14 and Safe Streets Act of 1968 (42 U.S.C. 3796b). 

15 (8) MANAGEMENT EMPLOYEE.—The term ‘‘man16 agement employee’’ has the meaning given such term 

17 under applicable State law in effect on the date of en18 actment of this Act. If no such State law is in effect, 

19 the term means an individual employed by a public 

20 safety employer in a position that requires or author21 izes the individual to formulate, determine, or influ22 ence the policies of the employer. 

23 (9) PERSON.—The term ‘‘person’’ means an in24 dividual or a labor organization. 
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1 (10) PUBLIC SAFETY OFFICER.—The term ‘‘pub2 lic safety officer’’— 

3 (A) means an employee of a public safety 

4 agency who is a law enforcement officer, a fire5 fighter, or an emergency medical services per6 sonnel; 

7 (B) includes an individual who is tempo8 rarily transferred to a supervisory or manage9 ment position; and 

10 (C) does not include a permanent super11 visory, management, or confidential employee. 

12 (11) STATE.—The term ‘‘State’’ means each of 

13 the several States of the United States, the District of 

14 Columbia, and any territory or possession of the 

15 United States. 

16 (12) SUBSTANTIALLY PROVIDES.—The term 

17 ‘‘substantially provides’’, when used with respect to 

18 the rights and responsibilities described in section 

19 3404(b), means compliance with each right and re20 sponsibility described in such section. 

21 (13) SUPERVISORY EMPLOYEE.—The term ‘‘su22 pervisory employee’’ has the meaning given such term 

23 under applicable State law in effect on the date of en24 actment of this Act. If no such State law is in effect, 
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1 the term means an individual, employed by a public 

2 safety employer, who— 

3 (A) has the authority in the interest of the 

4 employer to hire, direct, assign, promote, reward, 

5 transfer, furlough, lay off, recall, suspend, dis6 cipline, or remove public safety officers, to adjust 

7 their grievances, or to effectively recommend such 

8 action, if the exercise of the authority is not 

9 merely routine or clerical in nature but requires 

10 the consistent exercise of independent judgment; 

11 and 

12 (B) devotes a majority of time at work to 

13 exercising such authority. 

14 DETERMINATION OF RIGHTS AND RESPONSIBILITIES

15 SEC. 4404. (a) DETERMINATION.— 

16 (1) IN GENERAL.—Not later than 180 days after 

17 the date of enactment of this Act, the Authority shall 

18 make a determination as to whether a State substan19 tially provides for the rights and responsibilities de20 scribed in subsection (b). 

21 (2) CONSIDERATION OF ADDITIONAL OPINIONS.— 

22 In making the determination described in paragraph 

23 (1), the Authority shall consider the opinions of af24 fected employers and labor organizations. In the case 

25 where the Authority is notified by an affected em26 ployer and labor organization that both parties agree 
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1 that the law applicable to such employer and labor 

2 organization substantially provides for the rights and 

3 responsibilities described in subsection (b), the Au4 thority shall give such agreement weight to the max5 imum extent practicable in making the Authority’s 

6 determination under this subsection. 

7 (3) LIMITED CRITERIA.—In making the deter8 mination described in paragraph (1), the Authority 

9 shall be limited to the application of the criteria de10 scribed in subsection (b) and shall not require any 

11 additional criteria. 

12 (4) SUBSEQUENT DETERMINATIONS.— 

13 (A) IN GENERAL.—A determination made 

14 pursuant to paragraph (1) shall remain in effect 

15 unless and until the Authority issues a subse16 quent determination, in accordance with the pro17 cedures set forth in subparagraph (B). 

18 (B) PROCEDURES FOR SUBSEQUENT DETER19 MINATIONS.—Upon establishing that a material 

20 change in State law or its interpretation has oc21 curred, an employer or a labor organization may 

22 submit a written request for a subsequent deter23 mination. If satisfied that a material change in 

24 State law or its interpretation has occurred, the 

25 Authority shall issue a subsequent determination 
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1 not later than 30 days after receipt of such re2 quest. 

3 (5) JUDICIAL REVIEW.—Any person or employer 

4 aggrieved by a determination of the Authority under 

5 this section may, during the 60-day period beginning 

6 on the date on which the determination was made, pe7 tition any United States Court of Appeals in the cir8 cuit in which the person or employer resides or trans9 acts business or in the District of Columbia circuit, 

10 for judicial review. In any judicial review of a deter11 mination by the Authority, the procedures contained 

12 in subsections (c) and (d) of section 7123 of title 5, 

13 United States Code, shall be followed. 

14 (b) RIGHTS AND RESPONSIBILITIES.—In making a de15 termination described in subsection (a), the Authority shall 

16 consider a State’s law to substantially provide the required 

17 rights and responsibilities unless such law fails to provide 

18 rights and responsibilities comparable to or greater than 

19 the following: 

20 (1) Granting public safety officers the right to 

21 form and join a labor organization, which may ex22 clude management employees, supervisory employees, 

23 and confidential employees, that is, or seeks to be, rec24 ognized as the exclusive bargaining representative of 

25 such employees. 
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1 (2) Requiring public safety employers to recog2 nize the employees’ labor organization (freely chosen 

3 by a majority of the employees), to agree to bargain 

4 with the labor organization, and to commit any 

5 agreements to writing in a contract or memorandum 

6 of understanding. 

7 (3) Providing for the right to bargain over hours, 

8 wages, and terms and conditions of employment. 

9 (4) Making available an interest impasse resolu10 tion mechanism, such as fact-finding, mediation, ar11 bitration, or comparable procedures. 

12 (5) Requiring enforcement of all rights, respon13 sibilities, and protections provided by State law and 

14 enumerated in this section, and of any written con15 tract or memorandum of understanding between a 

16 labor organization and a public safety employer, 

17 through— 

18 (A) a State administrative agency, if the 

19 State so chooses; and 

20 (B) at the election of an aggrieved party, 

21 the State courts. 

22 (c) COMPLIANCE WITH REQUIREMENTS.—If the Au23 thority determines, acting pursuant to its authority under 

24 subsection (a), that a State substantially provides rights 
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1 and responsibilities described in subsection (b), then this 

2 chapter shall not preempt State law. 

3 (d) FAILURE TO MEET REQUIREMENTS.— 

4 (1) IN GENERAL.—If the Authority determines, 

5 acting pursuant to its authority under subsection (a), 

6 that a State does not substantially provide for the 

7 rights and responsibilities described in subsection (b), 

8 then such State shall be subject to the regulations and 

9 procedures described in section 3405 beginning on the 

10 later of— 

11 (A) the date that is 2 years after the date 

12 of enactment of this Act; 

13 (B) the date that is the last day of the first 

14 regular session of the legislature of the State that 

15 begins after the date of the enactment of this Act; 

16 or 

17 (C) in the case of a State receiving a subse18 quent determination under subsection (a)(4), the 

19 date that is the last day of the first regular ses20 sion of the legislature of the State that begins 

21 after the date the Authority made the determina22 tion. 

23 (2) PARTIAL FAILURE.—If the Authority makes 

24 a determination that a State does not substantially 

25 provide for the rights and responsibilities described in 
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1 subsection (b) solely because the State law substan2 tially provides for such rights and responsibilities for 

3 certain categories of public safety officers covered by 

4 this chapter but not others, the Authority shall iden5 tify those categories of public safety officers that shall 

6 be subject to the regulations and procedures described 

7 in section 4405, pursuant to section 4408(b)(3) and 

8 beginning on the appropriate date described in para9 graph (1), and those categories of public safety officers 

10 that shall remain subject to State law. 

11 ROLE OF FEDERAL LABOR RELATIONS AUTHORITY

12 SEC. 4405. (a) IN GENERAL.—Not later than 1 year 

13 after the date of enactment of this Act, the Authority shall 

14 issue regulations in accordance with the rights and respon15 sibilities described in section 4404(b) establishing collective 

16 bargaining procedures for employers and public safety offi17 cers in States which the Authority has determined, acting 

18 pursuant to section 4404(a), do not substantially provide 

19 for such rights and responsibilities. 

20 (b) ROLE OF THE FEDERAL LABOR RELATIONS AU21 THORITY.—The Authority, to the extent provided in this 

22 chapter and in accordance with regulations prescribed by 

23 the Authority, shall— 

24 (1) determine the appropriateness of units for 

25 labor organization representation; 
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1 (2) supervise or conduct elections to determine 

2 whether a labor organization has been selected as an 

3 exclusive representative by a voting majority of the 

4 employees in an appropriate unit; 

5 (3) resolve issues relating to the duty to bargain 

6 in good faith; 

7 (4) conduct hearings and resolve complaints of 

8 unfair labor practices; 

9 (5) resolve exceptions to the awards of arbitra10 tors; 

11 (6) protect the right of each employee to form, 

12 join, or assist any labor organization, or to refrain 

13 from any such activity, freely and without fear of 

14 penalty or reprisal, and protect each employee in the 

15 exercise of such right; and 

16 (7) take such other actions as are necessary and 

17 appropriate to effectively administer this chapter, in18 cluding issuing subpoenas requiring the attendance 

19 and testimony of witnesses and the production of doc20 umentary or other evidence from any place in the 

21 United States, and administering oaths, taking or or22 dering the taking of depositions, ordering responses to 

23 written interrogatories, and receiving and examining 

24 witnesses. 

25 (c) ENFORCEMENT.— 
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1 (1) AUTHORITY TO PETITION COURT.—The Au2 thority may petition any United States Court of Ap3 peals with jurisdiction over the parties, or the United 

4 States Court of Appeals for the District of Columbia 

5 Circuit, to enforce any final orders under this section, 

6 and for appropriate temporary relief or a restraining 

7 order. Any petition under this section shall be con8 ducted in accordance with subsections (c) and (d) of 

9 section 7123 of title 5, United States Code. 

10 (2) PRIVATE RIGHT OF ACTION.—Unless the Au11 thority has filed a petition for enforcement as pro12 vided in paragraph (1), any party has the right to 

13 file suit in any appropriate district court of the 

14 United States to enforce compliance with the regula15 tions issued by the Authority pursuant to subsection 

16 (b), and to enforce compliance with any order issued 

17 by the Authority pursuant to this section. The right 

18 provided by this subsection to bring a suit to enforce 

19 compliance with any order issued by the Authority 

20 pursuant to this section shall terminate upon the fil21 ing of a petition seeking the same relief by the Au22 thority. 

23 STRIKES AND LOCKOUTS PROHIBITED

24 SEC. 4406. (a) IN GENERAL.—Subject to subsection 

25 (b), an employer, public safety officer, or labor organization 

26 may not engage in a lockout, sickout, work slowdown, 
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1 strike, or any other organized job action that will measur2 ably disrupt the delivery of emergency services and is de3 signed to compel an employer, public safety officer, or labor 

4 organization to agree to the terms of a proposed contract. 

5 (b) NO PREEMPTION.—Nothing in this section shall be 

6 construed to preempt any law of any State or political sub7 division of any State with respect to strikes by public safety 

8 officers. 

9 EXISTING COLLECTIVE BARGAINING UNITS AND

10 AGREEMENTS

11 SEC. 4407. A certification, recognition, election-held, 

12 collective bargaining agreement or memorandum of under13 standing which has been issued, approved, or ratified by 

14 any public employee relations board or commission or by 

15 any State or political subdivision or its agents (manage16 ment officials) and is in effect on the day before the date 

17 of enactment of this Act shall not be invalidated by the en18 actment of this Act. 

19 CONSTRUCTION AND COMPLIANCE

20 SEC. 4408. (a) CONSTRUCTION.—Nothing in this chap21 ter shall be construed— 

22 (1) to preempt or limit the remedies, rights, and 

23 procedures of any law of any State or political sub24 division of any State that provides greater or com25 parable rights and responsibilities than the rights and 

26 responsibilities described in section 4404(b); 
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1 (2) to prevent a State from enforcing a right-to2 work law that prohibits employers and labor organi3 zations from negotiating provisions in a labor agree4 ment that require union membership or payment of 

5 union fees as a condition of employment; 

6 (3) to preempt or limit any State law in effect 

7 on the date of enactment of this Act that provides for 

8 the rights and responsibilities described in section 

9 4404(b) solely because such State law permits an em10 ployee to appear on the employee’s own behalf with 

11 respect to the employee’s employment relations with 

12 the public safety agency involved; 

13 (4) to preempt or limit any State law in effect 

14 on the date of enactment of this Act that provides for 

15 the rights and responsibilities described in section 

16 4404(b) solely because such State law excludes from 

17 its coverage employees of a State militia or national 

18 guard; 

19 (5) to permit parties in States subject to the reg20 ulations and procedures described in section 4405 to 

21 negotiate provisions that would prohibit an employee 

22 from engaging in part-time employment or volunteer 

23 activities during off-duty hours; 

24 (6) to prohibit a State from exempting from cov25 erage under this chapter a political subdivision of the 
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1 State that has a population of less than 5,000 or that 

2 employs less than 25 full-time employees; or 

3 (7) to preempt or limit the laws or ordinances 

4 of any State or political subdivision of a State that 

5 provide for the rights and responsibilities described in 

6 section 4404(b) solely because such law or ordinance 

7 does not require bargaining with respect to pension, 

8 retirement, or health benefits. 

9 For purposes of paragraph (6), the term ‘‘employee’’ in10 cludes each and every individual employed by the political 

11 subdivision except any individual elected by popular vote 

12 or appointed to serve on a board or commission. 

13 (b) COMPLIANCE.— 

14 (1) ACTIONS OF STATES.—Nothing in this chap15 ter or the regulations promulgated under this chapter 

16 shall be construed to require a State to rescind or pre17 empt the laws or ordinances of any of the State’s po18 litical subdivisions if such laws provide rights and re19 sponsibilities for public safety officers that are com20 parable to or greater than the rights and responsibil21 ities described in section 4404(b). 

22 (2) ACTIONS OF THE AUTHORITY.—Nothing in 

23 this chapter or the regulations promulgated under 

24 this chapter shall be construed to preempt— 
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1 (A) the laws or ordinances of any State or 

2 political subdivision of a State, if such laws pro3 vide collective bargaining rights for public safety 

4 officers that are comparable to or greater than 

5 the rights enumerated in section 4404(b); 

6 (B) the laws or ordinances of any State or 

7 political subdivision of a State that provide for 

8 the rights and responsibilities described in sec9 tion 4404(b) with respect to certain categories of 

10 public safety officers covered by this Act solely 

11 because such rights and responsibilities have not 

12 been extended to other categories of public safety 

13 officers covered by this chapter; or 

14 (C) the laws or ordinances of any State or 

15 political subdivision of a State that provide for 

16 the rights and responsibilities described in sec17 tion 4404(b), solely because such laws or ordi18 nances provide that a contract or memorandum 

19 of understanding between a public safety em20 ployer and a labor organization must be pre21 sented to a legislative body as part of the process 

22 for approving such contract or memorandum of 

23 understanding. 

24 (3) LIMITED ENFORCEMENT POWER.—In the case 

25 of a law described in paragraph (2)(B), the Authority 
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1 shall only exercise the powers provided in section 

2 4405 with respect to those categories of public safety 

3 officers who have not been afforded the rights and re4 sponsibilities described in section 4404(b). 

5 (4) EXCLUSIVE ENFORCEMENT PROVISION.—Not6 withstanding any other provision of the chapter, and 

7 in the absence of a waiver of a State’s sovereign im8 munity, the Authority shall have the exclusive power 

9 to enforce the provisions of this chapter with respect 

10 to employees of a State. 

11 AUTHORIZATION OF APPROPRIATIONS

12 SEC. 4409. There are authorized to be appropriated 

13 such sums as may be necessary to carry out the provisions 

14 of this chapter. 

15 CHAPTER 5 

16 PROGRAM INTEGRITY INITIATIVES 

17 DEPARTMENT OF THE TREASURY 

18 INTERNAL REVENUE SERVICE

19 ENFORCEMENT

20 For an additional amount for ‘‘Enforcement’’, 

21 $245,000,000, to remain available through September 30, 

22 2011, for additional and enhanced tax enforcement activi23 ties: Provided, That section 3002 shall not apply to the 

24 amount under this heading. 
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1 DEPARTMENT OF LABOR 

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

4 SERVICE OPERATIONS

5 For an additional amount for ‘‘State Unemployment 

6 Insurance and Employment Service Operations’’, 

7 $5,000,000, to be expended from the Employment Security 

8 Administration Account of the Unemployment Trust Fund 

9 and remain available through September 30, 2011, to con10 duct in-person reemployment and eligibility assessments 

11 and unemployment insurance improper payment reviews: 

12 Provided, That section 3002 shall not apply to the amount 

13 under this heading. 

14 DEPARTMENT OF HEALTH AND HUMAN 

15 SERVICES 

16 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

17 For an additional amount for ‘‘Health Care Fraud 

18 and Abuse Control Account’’, $250,000,000, to remain 

19 available through September 30, 2012, to be transferred 

20 from the Federal Hospital Insurance Trust Fund and the 

21 Federal Supplementary Medical Insurance Trust Fund, as 

22 authorized by section 201(g) of the Social Security Act, of 

23 which $124,747,000 shall be for Centers for Medicare and 

24 Medicaid Services Program Integrity Activities, including 

25 administrative costs, to conduct oversight activities for 
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1 Medicare Advantage and the Medicare Prescription Drug 

2 Program authorized in title XVIII of the Social Security 

3 Act, for activities listed in section 1893 of such Act, and 

4 for Medicaid and Children’s Health Insurance Program 

5 program integrity activities; of which $65,040,000 shall be 

6 for the Department of Health and Human Services Office 

7 of Inspector General to carry out fraud and abuse activities 

8 authorized by section 1817(k)(3) of such Act; and of which 

9 $60,213,000 shall be for the Department of Justice to carry 

10 out fraud and abuse activities authorized by section 

11 1817(k)(3) of such Act: Provided, That section 3002 shall 

12 not apply to the amounts under this heading. 

13 RELATED AGENCIES 

14 SOCIAL SECURITY ADMINISTRATION

15 LIMITATION ON ADMINISTRATIVE EXPENSES

16 For an additional amount for ‘‘Limitation on Admin17 istrative Expenses’’, $38,000,000, to remain available 

18 through September 30, 2011, for the cost associated with 

19 conducting continuing disability reviews under titles II and 

20 XVI of the Social Security Act and for the cost associated 

21 with conducting redeterminations of eligibility under title 

22 XVI of the Social Security Act: Provided, That section 3002 

23 shall not apply to the amount under this heading. 
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1 CHAPTER 6 

2 GENERAL PROVISIONS—THIS TITLE 

3 SEC. 4601. (a) None of the funds made available in 

4 this Act may be used to maintain or establish a computer 

5 network unless such network blocks the viewing, 

6 downloading, and exchanging of pornography. 

7 (b) Nothing in subsection (a) shall limit the use of 

8 funds necessary for any Federal, State, tribal, or local law 

9 enforcement agency, or other entity, to carry out criminal 

10 investigation, prosecution, or adjudication activities. 

11 SEC. 4602. (a) STATUTORY PAYGO.—The budgetary ef12 fects of this Act, for the purpose of complying with the Stat13 utory Pay-As-You-Go Act of 2010, shall be determined by 

14 reference to the latest statement titled ‘‘Budgetary Effects 

15 of PAYGO Legislation’’ for this Act, jointly submitted for 

16 printing in the Congressional Record by the Chairmen of 

17 the House and Senate Budget Committees, provided that 

18 such statement has been submitted prior to the vote on pas19 sage in the House acting first on this conference report or 

20 amendment between the Houses. 

21 (b) EXCLUSION FROM PAYGO.— 

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

23 inclusion in the Statutory Pay-As-You-Go scorecards 

24 are providing an offset to increased discretionary 

25 spending. As such, they should not be available on the 
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1 scorecards maintained by the Office of Management 

2 and Budget to provide offsets for future legislation. 

3 (2) The Director of the Office of Management 

4 and Budget shall not include any net savings result5 ing from the changes in direct spending or revenues 

6 contained in this Act on the scorecards required to be 

7 maintained by OMB under the Statutory Pay-As8 You-Go Act of 2010. 

9 TITLE V—OTHER PROVISIONS 

10 Subtitle A—Settlements and Other 

11 Program Provisions 

12 SEC. 5001. APPROPRIATION OF FUNDS FOR FINAL SETTLE13 MENT OF CLAIMS FROM IN RE BLACK FARM14 ERS DISCRIMINATION LITIGATION. 

15 (a) DEFINITIONS.—In this section: 

16 (1) SETTLEMENT AGREEMENT.—The term ‘‘Set17 tlement Agreement’’ means the settlement agreement 

18 dated February 18, 2010 (including any modifica19 tions agreed to by the parties and approved by the 

20 court under that agreement) between certain plain21 tiffs, by and through their counsel, and the Secretary 

22 of Agriculture to resolve, fully and forever, the claims 

23 raised or that could have been raised in the cases con24 solidated in In re Black Farmers Discrimination 

25 Litigation, No. 08–511 (D.D.C.), including Pigford 
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1 claims asserted under section 14012 of the Food, Con2 servation, and Energy Act of 2008 (Public Law 110– 

3 246; 122 Stat. 2209). 

4 (2) PIGFORD CLAIM.—The term ‘‘Pigford claim’’ 

5 has the meaning given that term in section 

6 14012(a)(3) of the Food, Conservation, and Energy 

7 Act of 2008 (Public Law 110–246; 122 Stat. 2210). 

8 (b) APPROPRIATION OF FUNDS.—There is hereby ap9 propriated to the Secretary of Agriculture $1,150,000,000, 

10 to remain available until expended, to carry out the terms 

11 of the Settlement Agreement if the Settlement Agreement is 

12 approved by a court order that is or becomes final and non13 appealable. The funds appropriated by this subsection are 

14 in addition to the $100,000,000 of funds of the Commodity 

15 Credit Corporation made available by section 14012(i) of 

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

17 Law 110–246; 122 Stat. 2212) and shall be available for 

18 obligation only after those Commodity Credit Corporation 

19 funds are fully obligated. If the Settlement Agreement is not 

20 approved as provided in this subsection, the $100,000,000 

21 of funds of the Commodity Credit Corporation made avail22 able by section 14012(i) of the Food, Conservation, and En23 ergy Act of 2008 shall be the sole funding available for 

24 Pigford claims. 
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1 (c) USE OF FUNDS.—The use of the funds appro2 priated by subsection (b) shall be subject to the express terms 

3 of the Settlement Agreement. 

4 (d) TREATMENT OF REMAINING FUNDS.—If any of the 

5 funds appropriated by subsection (b) are not obligated and 

6 expended to carry out the Settlement Agreement, the Sec7 retary of Agriculture shall return the unused funds to the 

8 Treasury and may not make the unused funds available for 

9 any purpose related to section 14012 of the Food, Conserva10 tion, and Energy Act of 2008, for any other settlement 

11 agreement executed in In re Black Farmers Discrimination 

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

13 (e) RULES OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed as requiring the United States, any 

15 of its officers or agencies, or any other party to enter into 

16 the Settlement Agreement or any other settlement agree17 ment. Nothing in this section shall be construed as creating 

18 the basis for a Pigford claim. 

19 (f) CONFORMING AMENDMENTS.—Section 14012 of the 

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

21 110–246; 122 Stat. 2209) is amended— 

22 (1) in subsection (c)(1)— 

23 (A) by striking ‘‘subsection (h)’’ and insert24 ing ‘‘subsection (g)’’; and 
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1 (B) by striking ‘‘subsection (i)’’ and insert2 ing ‘‘subsection (h)’’; 

3 (2) by striking subsection (e); 

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

5 and inserting ‘‘subsection (e)’’; 

6 (4) in subsection (i)— 

7 (A) by striking ‘‘(1) IN GENERAL.—Of the 

8 funds’’ and inserting ‘‘Of the funds’’; and 

9 (B) by striking paragraph (2); 

10 (5) by striking subsection (j); and 

11 (6) by redesignating subsections (f), (g), (h), (i), 

12 and (k) as subsections (e), (f), (g), (h), and (i), respec13 tively. 

14 SEC. 5002. EMPLOYMENT FOR YOUTH. 

15 There is appropriated, out of any funds in the Treas16 ury not otherwise appropriated, for an additional amount 

17 for ‘‘Department of Labor—Employment and Training Ad18 ministration—Training and Employment Services’’ for ac19 tivities under the Workforce Investment Act of 1998 

20 (‘‘WIA’’), $1,000,000,000 shall be available for obligation 

21 on the date of enactment of this Act for grants to States 

22 for youth activities, including employment for youth: Pro23 vided, That no portion of such funds shall be reserved to 

24 carry out section 127(b)(1)(A) of the WIA: Provided further, 

25 That for purposes of section 127(b)(1)(C)(iv) of the WIA, 
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1 funds available for youth activities shall be allotted as if 

2 the total amount available for youth activities in the fiscal 

3 year does not exceed $1,000,000,000: Provided further, That 

4 with respect to the youth activities provided with such 

5 funds, section 101(13)(A) of the WIA shall be applied by 

6 substituting ‘‘age 24’’ for ‘‘age 21’’: Provided further, That 

7 the work readiness performance indicator described in sec8 tion 136(b)(2)(A)(ii)(I) of the WIA shall be the only meas9 ure of performance used to assess the effectiveness of employ10 ment for youth provided with such funds: Provided further, 

11 That an amount that is not more than 1 percent of such 

12 amount may be used for the administration, management, 

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

14 out with such funds, including the evaluation of the use of 

15 such funds: Provided further, That funds available under 

16 the preceding proviso, together with funds described in sec17 tion 801(a) of division A of the American Recovery and 

18 reinvestment Act of 2009 (Public Law 111–5), and funds 

19 provided in such Act under the heading ‘‘Department of 

20 Labor–Departmental Management–Salaries and Ex21 penses’’, shall remain available for obligation through Sep22 tember 30, 2011. 
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1 SEC. 5003. THE INDIVIDUAL INDIAN MONEY ACCOUNT LITI2 GATION SETTLEMENT ACT OF 2010. 

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

4 ‘‘Individual Indian Money Account Litigation Settlement 

5 Act of 2010’’. 

6 (b) DEFINITIONS.—In this section: 

7 (1) AMENDED COMPLAINT.—The term ‘‘Amended 

8 Complaint’’ means the Amended Complaint attached 

9 to the Settlement. 

10 (2) LAND CONSOLIDATION PROGRAM.—The term 

11 ‘‘Land Consolidation Program’’ means a program 

12 conducted in accordance with the Settlement and the 

13 Indian Land Consolidation Act (25 U.S.C. 2201 et 

14 seq.) under which the Secretary may purchase frac15 tional interests in trust or restricted land. 

16 (3) LITIGATION.—The term ‘‘Litigation’’ means 

17 the case entitled Elouise Cobell et al. v. Ken Salazar 

18 et al., United States District Court, District of Co19 lumbia, Civil Action No. 96–1285 (JR). 

20 (4) PLAINTIFF.—The term ‘‘Plaintiff’’ means a 

21 member of any class certified in the Litigation. 

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

23 the Secretary of the Interior. 

24 (6) SETTLEMENT.—The term ‘‘Settlement’’ 

25 means the Class Action Settlement Agreement dated 
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1 December 7, 2009, in the Litigation, as modified by 

2 the parties to the Litigation. 

3 (7) TRUST ADMINISTRATION CLASS.—The term 

4 ‘‘Trust Administration Class’’ means the Trust Ad5 ministration Class as defined in the Settlement. 

6 (c) PURPOSE.—The purpose of this section is to au7 thorize the Settlement. 

8 (d) AUTHORIZATION.—The Settlement is authorized, 

9 ratified, and confirmed. 

10 (e) JURISDICTIONAL PROVISIONS.— 

11 (1) IN GENERAL.—Notwithstanding the limita12 tion of jurisdiction of district courts contained in sec13 tion 1346(a)(2) of title 28, United States Code, the 

14 United States District Court for the District of Co15 lumbia shall have jurisdiction over the claims asserted 

16 in the Amended Complaint for purposes of the Settle17 ment. 

18 (2) CERTIFICATION OF TRUST ADMINISTRATION

19 CLASS.— 

20 (A) IN GENERAL.—Notwithstanding the re21 quirements of the Federal Rules of Civil Proce22 dure, the court overseeing the Litigation may 

23 certify the Trust Administration Class. 

24 (B) TREATMENT.—On certification under 

25 subparagraph (A), the Trust Administration 
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1 Class shall be treated as a class under Federal 

2 Rule of Civil Procedure 23(b)(3) for purposes of 

3 the Settlement. 

4 (f) TRUST LAND CONSOLIDATION.— 

5 (1) TRUST LAND CONSOLIDATION FUND.— 

6 (A) ESTABLISHMENT.—On final approval 

7 (as defined in the Settlement) of the Settlement, 

8 there shall be established in the Treasury of the 

9 United States a fund, to be known as the ‘‘Trust 

10 Land Consolidation Fund’’. 

11 (B) AVAILABILITY OF AMOUNTS.—Amounts 

12 in the Trust Land Consolidation Fund shall be 

13 made available to the Secretary during the 10- 

14 year period beginning on the date of final ap15 proval of the Settlement— 

16 (i) to conduct the Land Consolidation 

17 Program; and 

18 (ii) for other costs specified in the Set19 tlement. 

20 (C) DEPOSITS.— 

21 (i) IN GENERAL.—On final approval 

22 (as defined in the Settlement) of the Settle23 ment, the Secretary of the Treasury shall 

24 deposit in the Trust Land Consolidation 

25 Fund $2,000,000,000 of the amounts appro-
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1 priated by section 1304 of title 31, United 

2 States Code. 

3 (ii) CONDITIONS MET.—The conditions 

4 described in section 1304 of title 31, United 

5 States Code, shall be considered to be met 

6 for purposes of clause (i). 

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

8 encourage participation in the Land Consolida9 tion Program, the Secretary may transfer, at the 

10 discretion of the Secretary, not more than 

11 $60,000,000 of amounts in the Trust Land Con12 solidation Fund to the Indian Education Schol13 arship Holding Fund established under para14 graph 2. 

15 (2) INDIAN EDUCATION SCHOLARSHIP HOLDING

16 FUND.— 

17 (A) ESTABLISHMENT.—On the final ap18 proval (as defined in the Settlement) of the Set19 tlement, there shall be established in the Treas20 ury of the United States a fund, to be known as 

21 the ‘‘Indian Education Scholarship Holding 

22 Fund’’. 

23 (B) AVAILABILITY.—Notwithstanding any 

24 other provision of law governing competition, 

25 public notification, or Federal procurement or 
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1 assistance, amounts in the Indian Education 

2 Scholarship Holding Fund shall be made avail3 able, without further appropriation, to the Sec4 retary to contribute to an Indian Education 

5 Scholarship Fund, as described in the Settle6 ment, to provide scholarships for Native Ameri7 cans. 

8 (3) ACQUISITION OF TRUST OR RESTRICTED

9 LAND.—The Secretary may acquire, at the discretion 

10 of the Secretary and in accordance with the Land 

11 Consolidation Program, any fractional interest in 

12 trust or restricted land. 

13 (4) TREATMENT OF UNLOCATABLE PLAIN14 TIFFS.—A Plaintiff the whereabouts of whom are un15 known and who, after reasonable efforts by the Sec16 retary, cannot be located during the 5 year period be17 ginning on the date of final approval (as defined in 

18 the Settlement) of the Settlement shall be considered 

19 to have accepted an offer made pursuant to the Land 

20 Consolidation Program. 

21 (g) TAXATION AND OTHER BENEFITS.— 

22 (1) INTERNAL REVENUE CODE.—For purposes of 

23 the Internal Revenue Code of 1986, amounts received 

24 by an individual Indian as a lump sum or a periodic 

25 payment pursuant to the Settlement— 
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1 (A) shall not be included in gross income; 

2 and 

3 (B) shall not be taken into consideration for 

4 purposes of applying any provision of the Inter5 nal Revenue Code of 1986 that takes into ac6 count excludable income in computing adjusted 

7 gross income or modified adjusted gross income, 

8 including section 86 of that Code (relating to So9 cial Security and tier 1 railroad retirement ben10 efits). 

11 (2) OTHER BENEFITS.—Notwithstanding any 

12 other provision of law, for purposes of determining 

13 initial eligibility, ongoing eligibility, or level of bene14 fits under any Federal or federally assisted program, 

15 amounts received by an individual Indian as a lump 

16 sum or a periodic payment pursuant to the Settle17 ment shall not be treated for any household member, 

18 during the 1-year period beginning on the date of re19 ceipt— 

20 (A) as income for the month during which 

21 the amounts were received; or 

22 (B) as a resource. 
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1 SEC. 5004. EXTENSION AND FLEXIBILITY FOR CERTAIN AL2 LOCATED SURFACE TRANSPORTATION PRO3 GRAMS. 

4 (a) MODIFICATION OF ALLOCATION RULES.—Section 

5 411(d) of the Surface Transportation Extension Act of 2010 

6 (Public Law 111–147; 124 Stat. 80) is amended— 

7 (1) in paragraph (1)— 

8 (A) in the matter preceding subparagraph 

9 (A)— 

10 (i) by striking ‘‘1301, 1302,’’; and 

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

12 (B) in subparagraph (A)— 

13 (i) in the matter preceding clause (i) 

14 by striking ‘‘apportioned under sections 

15 104(b) and 144 of title 23, United States 

16 Code,’’ and inserting ‘‘specified in section 

17 105(a)(2) of title 23, United States Code 

18 (except the high priority projects pro19 gram),’’; and 

20 (ii) in clause (ii) by striking ‘‘appor21 tioned under such sections of such Code’’ 

22 and inserting ‘‘specified in such section 

23 105(a)(2) (except the high priority projects 

24 program)’’; 

25 (2) in paragraph (2)— 
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1 (A) in the matter preceding subparagraph 

2 (A)— 

3 (i) by striking ‘‘1301, 1302,’’; and 

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

5 (B) in subparagraph (A)— 

6 (i) in the matter preceding clause (i) 

7 by striking ‘‘apportioned under sections 

8 104(b) and 144 of title 23, United States 

9 Code,’’ and inserting ‘‘specified in section 

10 105(a)(2) of title 23, United States Code 

11 (except the high priority projects pro12 gram),’’; and 

13 (ii) in clause (ii) by striking ‘‘appor14 tioned under such sections of such Code’’ 

15 and inserting ‘‘specified in such section 

16 105(a)(2) (except the high priority projects 

17 program)’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(5) PROJECTS OF NATIONAL AND REGIONAL SIG20 NIFICANCE AND NATIONAL CORRIDOR INFRASTRUC21 TURE IMPROVEMENT PROGRAMS.— 

22 ‘‘(A) REDISTRIBUTION AMONG STATES.— 

23 Notwithstanding sections 1301(m) and 1302(e) of 

24 SAFETEA–LU (119 Stat. 1202 and 1205), the 

25 Secretary shall apportion funds authorized to be 
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1 appropriated under subsection (b) for the 

2 projects of national and regional significance 

3 program and the national corridor infrastruc4 ture improvement program among all States 

5 such that each State’s share of the funds so ap6 portioned is equal to the State’s share for fiscal 

7 year 2009 of funds apportioned or allocated for 

8 the programs specified in section 105(a)(2) of 

9 title 23, United States Code. 

10 ‘‘(B) DISTRIBUTION AMONG PROGRAMS.— 

11 Funds apportioned to a State pursuant to sub12 paragraph (A) shall be— 

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

14 programs specified in section 105(a)(2) of 

15 title 23, United States Code (except the high 

16 priority projects program), and in the same 

17 proportion for each such program that— 

18 ‘‘(I) the amount apportioned to 

19 the State for that program for fiscal 

20 year 2009; bears to 

21 ‘‘(II) the amount apportioned to 

22 the State for fiscal year 2009 for all 

23 such programs; and 

24 ‘‘(ii) administered in the same manner 

25 and with the same period of availability as 
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1 funding is administered under programs 

2 identified in clause (i).’’. 

3 (b) EXPENDITURE AUTHORITY FROM HIGHWAY TRUST

4 FUND.—Paragraph (1) of section 9503(c) of the Internal 

5 Revenue Code of 1986 is amended by striking ‘‘Surface 

6 Transportation Extension Act of 2010’’ and inserting 

7 ‘‘Supplemental Appropriations Act, 2010’’. 

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

9 section shall take effect upon the date of enactment of the 

10 Surface Transportation Extension Act of 2010 (Public Law 

11 111–147; 124 Stat. 78 et seq.) and shall be treated as being 

12 included in that Act at the time of the enactment of that 

13 Act. 

14 (d) SAVINGS CLAUSE.— 

15 (1) IN GENERAL.—For fiscal year 2010 and for 

16 the period beginning on October 1, 2010, and ending 

17 on December 31, 2010, the amount of funds appor18 tioned to each State under section 411(d) of the Sur19 face Transportation Extension Act of 2010 (Public 

20 Law 111–147) that is determined by the amount that 

21 the State received or was authorized to receive for fis22 cal year 2009 to carry out the projects of national 

23 and regional significance program and national cor24 ridor infrastructure improvement program shall be 

25 the greater of— 
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1 (A) the amount that the State was author2 ized to receive under section 411(d) of the Sur3 face Transportation Extension Act of 2010 with 

4 respect to each such program according to the 

5 provisions of that Act, as in effect on the day be6 fore the date of enactment of this Act; or 

7 (B) the amount that the State is authorized 

8 to receive under section 411(d) of the Surface 

9 Transportation Extension Act of 2010 with re10 spect to each such program pursuant to the pro11 visions of that Act, as amended by the amend12 ments made by this section. 

13 (2) OBLIGATION AUTHORITY.—For fiscal year 

14 2010, the amount of obligation authority distributed 

15 to each State shall be the greater of— 

16 (A) the amount that the State was author17 ized to receive pursuant to section 120(a)(4)(A) 

18 (as it pertains to the Appalachian Development 

19 Highway System program) of title I of division 

20 A of the Consolidated Appropriations Act, 2010 

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

22 and 120(a)(6) of such title, as of the day before 

23 the date of enactment of this Act; or 

24 (B) the amount that the State is authorized 

25 to receive pursuant to section 120(a)(4)(A) (as it 
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1 pertains to the Appalachian Development High2 way System program) of title I of division A of 

3 the Consolidated Appropriations Act, 2010 (Pub4 lic Law 111–117) and sections 120(a)(4)(B) and 

5 120(a)(6) of such title, as of the date of enact6 ment of this Act. 

7 (3) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated out of the 

9 Highway Trust Fund (other than the Mass Transit 

10 Account) such sums as may be necessary to carry out 

11 this subsection. 

12 (4) INCREASE IN OBLIGATION LIMITATION.—The 

13 limitation under the heading ‘‘Federal-aid Highways 

14 (Limitation on Obligations) (Highway Trust Fund)’’ 

15 in Public Law 111–117 is increased by such sums as 

16 may be necessary to carry out this subsection. 

17 (5) CONTRACT AUTHORITY.—Funds made avail18 able to carry out this subsection shall be available for 

19 obligation and administered in the same manner as 

20 if such funds were apportioned under chapter 1 of 

21 title 23, United States Code. 

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

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

24 dollar amount specified in section 120(a)(4)(B) of 

25 title I of division A of the Consolidated Appropria-
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1 tions Act, 2010 (Public Law 111–117), and the dollar 

2 amount specified in section 120(b)(10) of such title 

3 shall each be increased as necessary to carry out this 

4 subsection. 

5 Subtitle B—Revenue Provisions 

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

7 GRANTOR RETAINED ANNUITY TRUSTS. 

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

9 the Internal Revenue Code of 1986 is amended— 

10 (1) by redesignating paragraphs (1), (2) and (3) 

11 as subparagraphs (A), (B), and (C), respectively, and 

12 by moving such subparagraphs (as so redesignated) 2 

13 ems to the right, 

14 (2) by striking ‘‘For purposes of’’ and inserting 

15 the following: 

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

17 (3) by striking ‘‘paragraph (1) or (2)’’ in para18 graph (1)(C) (as so redesignated) and inserting ‘‘sub19 paragraph (A) or (B)’’, and 

20 (4) by adding at the end the following new para21 graph: 

22 ‘‘(2) ADDITIONAL REQUIREMENTS WITH RESPECT

23 TO GRANTOR RETAINED ANNUITIES.—For purposes of 

24 subsection (a), in the case of an interest described in 

25 paragraph (1)(A) (determined without regard to this 
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1 paragraph) which is retained by the transferor, such 

2 interest shall be treated as described in such para3 graph only if— 

4 ‘‘(A) the right to receive the fixed amounts 

5 referred to in such paragraph is for a term of 

6 not less than 10 years, 

7 ‘‘(B) such fixed amounts, when determined 

8 on an annual basis, do not decrease relative to 

9 any prior year during the first 10 years of the 

10 term referred to in subparagraph (A), and 

11 ‘‘(C) the remainder interest has a value 

12 greater than zero determined as of the time of the 

13 transfer.’’. 

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

15 section shall apply to transfers made after the date of the 

16 enactment of this Act. 

17 SEC. 5102. CRUDE TALL OIL INELIGIBLE FOR CELLULOSIC 

18 BIOFUEL PRODUCER CREDIT. 

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

20 of the Internal Revenue Code of 1986 is amended— 

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

22 (2) by striking the period at the end of subclause 

23 (II) and inserting ‘‘, or’’, 

24 (3) by adding at the end the following new sub25 clause: 
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1 ‘‘(III) such fuel has an acid num2 ber greater than 25.’’, and 

3 (4) by striking ‘‘UNPROCESSED’’ in the heading 

4 and inserting ‘‘CERTAIN’’. 

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

6 section shall apply to fuels sold or used on or after January 

7 1, 2010. 

8 SEC. 5103. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

9 TAXES. 

10 The percentage under paragraph (2) of section 561 of 

11 the Hiring Incentives to Restore Employment Act in effect 

12 on the date of the enactment of this Act is increased by 

13 5.25 percentage points. 

14 Subtitle C—Budgetary Provisions 

15 SEC. 5201. BUDGETARY PROVISIONS. 

16 (a) STATUTORY PAYGO.—The budgetary effects of this 

17 Act, for the purpose of complying with the Statutory Pay18 As-You-Go Act of 2010, shall be determined by reference to 

19 the latest statement titled ‘‘Budgetary Effects of PAYGO 

20 Legislation’’ for this Act, jointly submitted for printing in 

21 the Congressional Record by the Chairmen of the House and 

22 Senate Budget Committees, provided that such statement 

23 has been submitted prior to the vote on passage in the House 

24 acting first on this conference report or amendment between 

25 the Houses. 
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1 (b) EXCLUSION FROM PAYGO.— 

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

3 inclusion in the Statutory Pay-As-You-Go scorecards 

4 are providing an offset to increased discretionary 

5 spending. As such, they should not be available on the 

6 scorecards maintained by the Office of Management 

7 and Budget to provide offsets for future legislation. 

8 (2) The Director of the Office of Management 

9 and Budget shall not include any net savings result10 ing from the changes in direct spending or revenues 

11 contained in this Act on the scorecards required to be 

12 maintained by OMB under the Statutory Pay-As13 You-Go Act of 2010. 

Attest: 

Clerk. 
H.R. 4899 

HOUSE AMENDMENT TO 

SENATE AMENDMENT