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assures security and protection of privileged 
pricing data from unauthorized re-disclo-
sure. 
‘‘(iv) The development of a mechanism 
by which— 
‘‘(I) rebates, discounts, or other 
price concessions provided by manufac-
turers to other purchasers subsequent to 
the sale of covered inpatient drugs to 
covered entities are reported to the Sec-
retary; and 
‘‘(II) appropriate credits and re-
funds are issued to covered entities if 
such discounts, rebates, or other price 
concessions have the effect of lowering 
the applicable ceiling price for the rel-
evant quarter for the drugs involved. 
‘‘(v) Selective auditing of manufactur-
ers and wholesalers to ensure the integrity 
of the drug discount program under this 
section. 
‘‘(vi) The establishment of a require-
ment that manufacturers and wholesalers 
use the identification system developed by 
the Secretary for purposes of facilitating the
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•HR 4213 EAH1S 
ordering, purchasing, and delivery of cov-
ered inpatient drugs under this section, in-
cluding the processing of chargebacks for 
such drugs. 
‘‘(vii) The imposition of sanctions in 
the form of civil monetary penalties, 
which— 
‘‘(I) shall be assessed according to 
standards and procedures established 
in regulations to be promulgated by the 
Secretary not later than January 1, 
2011; 
‘‘(II) shall not exceed $10,000 per 
single dosage form of a covered inpa-
tient drug purchased by a covered enti-
ty where a manufacturer knowingly 
charges such covered entity a price for 
such drug that exceeds the ceiling price 
under subsection (a)(1); and 
‘‘(III) shall not exceed $100,000 
for each instance where a manufac-
turer withholds or provides materially 
false information to the Secretary or to 
covered entities under this section or 
knowingly violates any provision of
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this section (other than subsection 
(a)(1)). 
‘‘(2) COVERED ENTITY COMPLIANCE.— 
‘‘(A) IN GENERAL.—From amounts appro-
priated under subsection (f), the Secretary shall 
provide for improvements in compliance by cov-
ered entities with the requirements of this section 
in order to prevent diversion and violations of 
the duplicate discount provision and other re-
quirements specified under subsection (a)(4). 
‘‘(B) IMPROVEMENTS.—The improvements 
described in subparagraph (A) shall include the 
following: 
‘‘(i) The development of procedures to 
enable and require covered entities to up-
date at least annually the information on 
the Internet website supported by the De-
partment of Health and Human Services 
relating to this section. 
‘‘(ii) The development of procedures for 
the Secretary to verify the accuracy of in-
formation regarding covered entities that is 
listed on the website described in clause (i). 
‘‘(iii) The development of more detailed 
guidance describing methodologies and op-
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•HR 4213 EAH1S 
tions available to covered entities for billing 
covered inpatient drugs to State Medicaid 
agencies in a manner that avoids duplicate 
discounts pursuant to subsection (a)(4)(A). 
‘‘(iv) The establishment of a single, 
universal, and standardized identification 
system by which each covered entity site 
and each covered entity’s purchasing status 
under sections 340B and this section can be 
identified by manufacturers, distributors, 
covered entities, and the Secretary for pur-
poses of facilitating the ordering, pur-
chasing, and delivery of covered inpatient 
drugs under this section, including the proc-
essing of chargebacks for such drugs. 
‘‘(v) The imposition of sanctions in the 
form of civil monetary penalties, which— 
‘‘(I) shall be assessed according to 
standards and procedures established 
in regulations promulgated by the Sec-
retary; and 
‘‘(II) shall not exceed $10,000 for 
each instance where a covered entity 
knowingly violates subsection (a)(4)(B)
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•HR 4213 EAH1S 
or knowingly violates any other provi-
sion of this section. 
‘‘(vi) The termination of a covered en-
tity’s participation in the program under 
this section, for a period of time to be deter-
mined by the Secretary, in cases in which 
the Secretary determines, in accordance 
with standards and procedures established 
by regulation, that— 
‘‘(I) the violation by a covered en-
tity of a requirement of this section 
was repeated and knowing; and 
‘‘(II) imposition of a monetary 
penalty would be insufficient to rea-
sonably ensure compliance with the re-
quirements of this section. 
‘‘(vii) The referral of matters, as ap-
propriate, to the Food and Drug Adminis-
tration, the Office of the Inspector General 
of the Department of Health and Human 
Services, or other Federal or State agencies. 
‘‘(3) ADMINISTRATIVE
DISPUTE
RESOLUTION 
PROCESS.—From amounts appropriated under sub-
section (f), the Secretary may establish and imple-
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•HR 4213 EAH1S 
ment an administrative process for the resolution of 
the following: 
‘‘(A) Claims by covered entities that manu-
facturers have violated the terms of their agree-
ment with the Secretary under subsection (a)(1). 
‘‘(B) Claims by manufacturers that covered 
entities have violated subsection (a)(4)(A) or 
(a)(4)(B). 
‘‘(e) AUDIT AND SANCTIONS.— 
‘‘(1) 
AUDIT.—From 
amounts 
appropriated 
under subsection (f), the Inspector General of the De-
partment of Health and Human Services (referred to 
in this subsection as the ‘Inspector General’) shall 
audit covered entities under this section to verify 
compliance with criteria for eligibility and participa-
tion under this section, including the antidiversion 
prohibitions under subsection (a)(4)(B), and take en-
forcement action or provide information to the Sec-
retary who shall take action to ensure program com-
pliance, as appropriate. A covered entity shall pro-
vide to the Inspector General, upon request, records 
relevant to such audits. 
‘‘(2) REPORT.—For each audit conducted under 
paragraph (1), the Inspector General shall prepare
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•HR 4213 EAH1S 
and publish in a timely manner a report which shall 
include findings and recommendations regarding— 
‘‘(A) the appropriateness of covered entity 
eligibility determinations and, as applicable, cer-
tifications; 
‘‘(B) the effectiveness of antidiversion prohi-
bitions; and 
‘‘(C) the effectiveness of restrictions on in-
patient dispensing and administration. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section such 
sums as may be necessary for fiscal year 2011 and each 
succeeding fiscal year.’’. 
(b) RULEMAKING.—Not later than January 1, 2011, 
the Secretary shall promulgate regulations implementing 
section 340B–1 of the Public Health Service Act (as added 
by subsection (a)). 
(c) CONFORMING AMENDMENT TO SECTION 340B.— 
Paragraph (1) of section 340B(a) of the Public Health Serv-
ice Act (42 U.S.C. 256b(a)) is amended by adding at the 
end the following: ‘‘Such agreement shall further require 
that, if the supply of a covered outpatient drug is insuffi-
cient to meet demand, then the manufacturer may use an 
allocation method that is reported in writing to, and ap-
proved by, the Secretary and does not discriminate on the
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•HR 4213 EAH1S 
basis of the price paid by covered entities or on any other 
basis related to the participation of an entity in the pro-
gram under this section. The agreement with a manufac-
turer under this paragraph may, at the discretion of the 
Secretary, be included in the agreement with the same man-
ufacturer under section 340B–1.’’. 
(d) CONFORMING AMENDMENTS TO MEDICAID.—Sec-
tion 1927 of the Social Security Act (42 U.S.C. 1396r–8) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), in the first sentence, 
by striking ‘‘and paragraph (6)’’ and inserting 
‘‘, paragraph (6), and paragraph (8)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(8) LIMITATION
ON
PRICES
OF
DRUGS
PUR-
CHASED BY 340B–1-COVERED ENTITIES.— 
‘‘(A) AGREEMENT
WITH
SECRETARY.—A 
manufacturer meets the requirements of this 
paragraph if the manufacturer has entered into 
an agreement with the Secretary that meets the 
requirements of section 340B–1 of the Public 
Health Service Act with respect to covered inpa-
tient drugs (as defined in such section) pur-
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•HR 4213 EAH1S 
chased by a 340B–1-covered entity on or after 
January 1, 2011. 
‘‘(B) 340B–1-COVERED ENTITY DEFINED.— 
In this subsection, the term ‘340B–1-covered en-
tity’ means an entity described in section 340B– 
1(b) of the Public Health Service Act.’’; and 
(2) in subsection (c)(1)(C)(i)(I)— 
(A) by striking ‘‘or’’ before ‘‘a covered enti-
ty’’; and 
(B) by inserting before the semicolon the fol-
lowing: ‘‘, or a covered entity for a covered inpa-
tient drug (as such terms are defined in section 
340B–1of the Public Health Service Act)’’. 
SEC. 517. CONTINUED INCLUSION OF ORPHAN DRUGS IN 
DEFINITION 
OF 
COVERED 
OUTPATIENT 
DRUGS WITH RESPECT TO CHILDREN’S HOS-
PITALS UNDER THE 340B DRUG DISCOUNT 
PROGRAM. 
(a) DEFINITION OF COVERED OUTPATIENT DRUG.— 
(1) AMENDMENT.—Subsection (e) of section 
340B of the Public Health Service Act (42 U.S.C. 
256b) is amended by striking ‘‘covered entities de-
scribed in subparagraph (M)’’and inserting ‘‘covered 
entities described in subparagraph (M) (other than a 
children’s hospital described in subparagraph (M))’’.
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•HR 4213 EAH1S 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect as if included in the 
enactment of section 2302 of the Health Care and 
Education Reconciliation Act of 2010 (Public Law 
111–152). 
(b) TECHNICAL AMENDMENT.—Subparagraph (B) of 
section 1927(a)(5) of the Social Security Act (42 U.S.C. 
1396r–8(a)(5)) is amended by striking ‘‘and a children’s 
hospital’’ and all that follows through the end of the sub-
paragraph and inserting a period. 
SEC. 518. CONFORMING AMENDMENT RELATED TO WAIVER 
OF COINSURANCE FOR PREVENTIVE SERV-
ICES. 
Effective as if included in section 10501(i)(2)(A) of 
Public Law 111–148, section 1833(a)(3)(A) of the Social 
Security Act (42 U.S.C. 1395l(a)(3)(A)) is amended by 
striking ‘‘section 1861(s)(10)(A)’’ and inserting ‘‘section 
1861(ddd)(3)’’. 
SEC. 519. ESTABLISH A CMS–IRS DATA MATCH TO IDENTIFY 
FRAUDULENT PROVIDERS. 
(a) AUTHORITY TO DISCLOSE RETURN INFORMATION 
CONCERNING OUTSTANDING TAX DEBTS FOR PURPOSES OF 
ENHANCING MEDICARE PROGRAM INTEGRITY.—
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•HR 4213 EAH1S 
(1) IN GENERAL.—Section 6103(l) of the Inter-
nal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(22) DISCLOSURE OF RETURN INFORMATION TO 
DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR 
PURPOSES OF ENHANCING MEDICARE PROGRAM IN-
TEGRITY.— 
‘‘(A) IN
GENERAL.—The Secretary shall, 
upon written request from the Secretary of 
Health and Human Services, disclose to officers 
and employees of the Department of Health and 
Human Services return information with respect 
to a taxpayer who has applied to enroll, or re-
enroll, as a provider of services or supplier under 
the Medicare program under title XVIII of the 
Social Security Act. Such return information 
shall be limited to— 
‘‘(i) the taxpayer identity information 
with respect to such taxpayer; 
‘‘(ii) the amount of the delinquent tax 
debt owed by that taxpayer; and 
‘‘(iii) the taxable year to which the de-
linquent tax debt pertains. 
‘‘(B) RESTRICTION
ON
DISCLOSURE.—Re-
turn information disclosed under subparagraph
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•HR 4213 EAH1S 
(A) may be used by officers and employees of the 
Department of Health and Human Services for 
the purposes of, and to the extent necessary in, 
establishing the taxpayer’s eligibility for enroll-
ment or reenrollment in the Medicare program, 
or in any administrative or judicial proceeding 
relating to, or arising from, a denial of such en-
rollment or reenrollment, or in determining the 
level of enhanced oversight to be applied with re-
spect to such taxpayer pursuant to section 
1866(j)(3) of the Social Security Act. 
‘‘(C) DELINQUENT
TAX
DEBT.—For pur-
poses of this paragraph, the term ‘delinquent tax 
debt’ means an outstanding debt under this title 
for which a notice of lien has been filed pursuant 
to section 6323, but the term does not include a 
debt that is being paid in a timely manner pur-
suant to an agreement under section 6159 or 
7122, or a debt with respect to which a collection 
due process hearing under section 6330 is re-
quested, pending, or completed and no payment 
is required.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
6103(p)(4) of such Code, as amended by sections 1414 
and 3308 of Public Law 111–148, in the matter pre-
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•HR 4213 EAH1S 
ceding subparagraph (A) and in subparagraph 
(F)(ii), is amended by striking ‘‘or (17)’’ and insert-
ing ‘‘(17), or (22)’’ each place it appears. 
(b) SECRETARY’S AUTHORITY TO USE INFORMATION 
FROM THE DEPARTMENT OF TREASURY IN MEDICARE EN-
ROLLMENTS AND REENROLLMENTS.—Section 1866(j)(2) of 
the Social Security Act (42 U.S.C. 1395cc(j)), as inserted 
by section 6401(a) of Public Law 111–148, is further 
amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) USE OF INFORMATION FROM THE DE-
PARTMENT
OF
TREASURY
CONCERNING
TAX 
DEBTS.—In reviewing the application of a pro-
vider of services or supplier to enroll or reenroll 
under the program under this title, the Secretary 
shall take into account the information supplied 
by the Secretary of the Treasury pursuant to sec-
tion 6103(l)(22) of the Internal Revenue Code of 
1986, in determining whether to deny such ap-
plication or to apply enhanced oversight to such 
provider of services or supplier pursuant to 
paragraph (3) if the Secretary determines such
333 
•HR 4213 EAH1S 
provider of services or supplier owes such a 
debt.’’. 
(c) AUTHORITY TO ADJUST PAYMENTS OF PROVIDERS 
OF SERVICES AND SUPPLIERS WITH THE SAME TAX IDEN-
TIFICATION NUMBER FOR MEDICARE OBLIGATIONS.—Sec-
tion 1866(j)(5) of the Social Security Act (42 U.S.C. 
1395cc(j)(5)), as inserted by section 6401(a) of Public Law 
111–148, is amended— 
(1) in the paragraph heading, by striking ‘‘PAST- 
DUE’’ and inserting ‘‘MEDICARE’’; 
(2) in subparagraph (A), by striking ‘‘past-due 
obligations described in subparagraph (B)(ii) of an’’ 
and inserting ‘‘amount described in subparagraph 
(B)(ii) due from such’’; and 
(3) in subparagraph (B)(ii), by striking ‘‘a past- 
due obligation’’ and inserting ‘‘an amount that is 
more than the amount required to be paid’’. 
SEC. 520. CLARIFICATION OF EFFECTIVE DATE OF PART B 
SPECIAL ENROLLMENT PERIOD FOR DIS-
ABLED TRICARE BENEFICIARIES. 
Effective as if included in the enactment of Public Law 
111–148, section 3110(a)(2) of such Act is amended to read 
as follows:
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•HR 4213 EAH1S 
‘‘(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to elections made after 
the date of the enactment of this Act.’’. 
SEC. 521. PHYSICIAN PAYMENT UPDATE. 
(a) IN GENERAL.—Section 1848(d) of the Social Secu-
rity Act (42 U.S.C. 1395w–4(d)) is amended— 
(1) in paragraph (10), in the heading, by strik-
ing ‘‘PORTION’’ and inserting ‘‘THE FIRST 5 MONTHS 
’’; and 
(2) by adding at the end the following new para-
graphs: 
‘‘(11) UPDATE
FOR
THE
LAST
MONTHS
OF 
2010.— 
‘‘(A) IN GENERAL.—Subject to paragraphs 
(7)(B), (8)(B), (9)(B), and (10)(B), in lieu of the 
update to the single conversion factor established 
in paragraph (1)(C) that would otherwise apply 
for 2010 for the period beginning on June 1, 
2010, and ending on December 31, 2010, the up-
date to the single conversion factor shall be 2.2 
percent. 
‘‘(B) NO EFFECT ON COMPUTATION OF CON-
VERSION
FACTOR
FOR
2011
AND
SUBSEQUENT 
YEARS.—The conversion factor under this sub-
section shall be computed under paragraph
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•HR 4213 EAH1S 
(1)(A) for 2011 and subsequent years as if sub-
paragraph (A) had never applied. 
‘‘(12) UPDATE FOR 2011.— 
‘‘(A) IN GENERAL.—Subject to paragraphs 
(7)(B), (8)(B), (9)(B), (10)(B), and (11)(B), in 
lieu of the update to the single conversion factor 
established in paragraph (1)(C) that would oth-
erwise apply for 2011, the update to the single 
conversion factor shall be 1.0 percent. 
‘‘(B) NO EFFECT ON COMPUTATION OF CON-
VERSION
FACTOR
FOR
2012
AND
SUBSEQUENT 
YEARS.—The conversion factor under this sub-
section shall be computed under paragraph 
(1)(A) for 2012 and subsequent years as if sub-
paragraph (A) had never applied.’’. 
(b) STATUTORY PAYGO.—The budgetary effects of this 
Act, for the purpose of complying with the Statutory Pay- 
As-You-Go Act of 2010, shall be determined by reference to 
the latest statement titled ‘‘Budgetary Effects of PAYGO 
Legislation’’ for this Act, jointly submitted for printing in 
the Congressional Record by the Chairmen of the House and 
Senate Budget Committees, provided that such statement 
has been submitted prior to the vote on passage in the House 
acting first on this conference report or amendment between 
the Houses.
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•HR 4213 EAH1S 
SEC. 522. ADJUSTMENT TO MEDICARE PAYMENT LOCAL-
ITIES. 
(a) IN GENERAL.—Section 1848(e) of the Social Secu-
rity Act (42 U.S.C.1395w–4(e)) is amended by adding at 
the end the following new paragraph: 
‘‘(6) TRANSITION
TO
USE
OF
MSAS
AS
FEE 
SCHEDULE AREAS IN CALIFORNIA.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REVISION.—Subject to clause (ii) 
and notwithstanding the previous provi-
sions of this subsection, for services fur-
nished on or after January 1, 2012, the 
Secretary shall revise the fee schedule areas 
used for payment under this section appli-
cable to the State of California using the 
Metropolitan 
Statistical 
Area 
(MSA) 
iterative Geographic Adjustment Factor 
methodology as follows: 
‘‘(I) The Secretary shall configure 
the physician fee schedule areas using 
the 
Metropolitan 
Statistical 
Areas 
(each in this paragraph referred to as 
an ‘MSA’), as defined by the Director 
of the Office of Management and Budg-
et as of the date of the enactment of
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•HR 4213 EAH1S 
this paragraph, as the basis for the fee 
schedule areas. 
‘‘(II) For purposes of this clause, 
the Secretary shall treat all areas not 
included in an MSA as a single rest- 
of-State MSA and any reference in this 
paragraph to an MSA shall be deemed 
to include a reference to such rest-of- 
State MSA. 
‘‘(III) The Secretary shall list all 
MSAs within the State by Geographic 
Adjustment Factor described in para-
graph (2) (in this paragraph referred 
to as a ‘GAF’) in descending order. 
‘‘(IV) In the first iteration, the 
Secretary shall compare the GAF of the 
highest cost MSA in the State to the 
weighted-average GAF of all the re-
maining MSAs in the State. If the 
ratio of the GAF of the highest cost 
MSA to the weighted-average of the 
GAF of remaining lower cost MSAs is 
1.05 or greater, the highest cost MSA 
shall be a separate fee schedule area.
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•HR 4213 EAH1S 
‘‘(V) In the next iteration, the 
Secretary shall compare the GAF of the 
MSA with the second-highest GAF to 
the weighted-average GAF of the all the 
remaining MSAs (excluding MSAs that 
become separate fee schedule areas). If 
the ratio of the second-highest MSA’s 
GAF to the weighted-average of the re-
maining lower cost MSAs is 1.05 or 
greater, the second-highest MSA shall 
be a separate fee schedule area. 
‘‘(VI) The iterative process shall 
continue until the ratio of the GAF of 
the MSA with highest remaining GAF 
to the weighted-average of the remain-
ing MSAs with lower GAFs is less 
than 1.05, and the remaining group of 
MSAs with lower GAFs shall be treated 
as a single rest-of-State fee schedule 
area. 
‘‘(VII) 
For 
purposes 
of 
the 
iterative process described in this 
clause, if two MSAs have identical 
GAFs, they shall be combined.
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•HR 4213 EAH1S 
‘‘(ii) TRANSITION.—For services fur-
nished on or after January 1, 2012, and be-
fore January 1, 2017, in the State of Cali-
fornia, after calculating the work, practice 
expense, and malpractice geographic indices 
that would otherwise be determined under 
clauses (i), (ii), and (iii) of paragraph 
(1)(A) for a fee schedule area determined 
under clause (i), if the index for a county 
within a fee schedule area is less than the 
index that would otherwise be in effect for 
such county, the Secretary shall instead 
apply the index that would otherwise be in 
effect for such county. 
‘‘(B) SUBSEQUENT
REVISIONS.—After the 
transition described in subparagraph (A)(ii), not 
less than every 3 years the Secretary shall review 
and update the fee schedule areas using the 
methodology described in subparagraph (A)(i) 
and any updated MSAs as defined by the Direc-
tor of the Office of Management and Budget. The 
Secretary shall review and make any changes 
pursuant to such reviews concurrent with the ap-
plication of the periodic review of the adjustment
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•HR 4213 EAH1S 
factors required under paragraph (1)(C) for 
California. 
‘‘(C) REFERENCES
TO
FEE
SCHEDULE 
AREAS.—Effective for services furnished on or 
after January 1, 2012, for the State of Cali-
fornia, any reference in this section to a fee 
schedule area shall be deemed a reference to a fee 
schedule area established in accordance with this 
paragraph.’’. 
(b) CONFORMING AMENDMENT TO DEFINITION OF FEE 
SCHEDULE AREA.—Section 1848(j)(2) of the Social Secu-
rity Act (42 U.S.C. 1395w(j)(2)) is amended by striking 
‘‘The term’’ and inserting ‘‘Except as provided in sub-
section (e)(6)(C), the term’’. 
SEC. 523. CLARIFICATION OF 3-DAY PAYMENT WINDOW. 
(a) IN GENERAL.—Section 1886 of the Social Security 
Act (42 U.S.C. 1395ww) is amended— 
(1) by adding at the end of subsection (a)(4) the 
following new sentence: ‘‘In applying the first sen-
tence of this paragraph, the term ‘other services re-
lated to the admission’ includes all services that are 
not diagnostic services (other than ambulance and 
maintenance renal dialysis services) for which pay-
ment may be made under this title that are provided
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•HR 4213 EAH1S 
by a hospital (or an entity wholly owned or operated 
by the hospital) to a patient— 
‘‘(A) on the date of the patient’s inpatient 
admission; or 
‘‘(B) during the 3 days (or, in the case of 
a hospital that is not a subsection (d) hospital, 
during the 1 day) immediately preceding the 
date of such admission unless the hospital dem-
onstrates (in a form and manner, and at a time, 
specified by the Secretary) that such services are 
not related (as determined by the Secretary) to 
such admission.’’; and 
(2) in subsection (d)(7)— 
(A) in subparagraph (A), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (B), by striking the 
period and inserting ‘‘, and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) the determination of whether services 
provided prior to a patient’s inpatient admis-
sion are related to the admission (as described in 
subsection (a)(4)).’’.
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•HR 4213 EAH1S 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to services furnished on or after the 
date of the enactment of this Act. 
(c) NO
REOPENING
OF
PREVIOUSLY
BUNDLED 
CLAIMS.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services may not reopen a claim, adjust a 
claim, or make a payment pursuant to any request 
for payment under title XVIII of the Social Security 
Act, submitted by an entity (including a hospital or 
an entity wholly owned or operated by the hospital) 
for services described in paragraph (2) for purposes of 
treating, as unrelated to a patient’s inpatient admis-
sion, services provided during the 3 days (or, in the 
case of a hospital that is not a subsection (d) hospital, 
during the 1 day) immediately preceding the date of 
the patient’s inpatient admission. 
(2) SERVICES
DESCRIBED.—For purposes of 
paragraph (1), the services described in this para-
graph are other services related to the admission (as 
described in section 1886(a)(4) of the Social Security 
Act (42 U.S.C. 1395ww(a)(4)), as amended by sub-
section (a)) which were previously included on a 
claim or request for payment submitted under part A 
of title XVIII of such Act for which a reopening, ad-
343 
•HR 4213 EAH1S 
justment, or request for payment under part B of 
such title, was not submitted prior to the date of the 
enactment of this Act. 
(d) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary of Health and Human Serv-
ices may implement the provisions of this section (and 
amendments made by this section) by program instruction 
or otherwise. 
(e) RULE OF CONSTRUCTION.—Nothing in the amend-
ments made by this section shall be construed as changing 
the policy described in section 1886(a)(4) of the Social Se-
curity Act (42 U.S.C. 1395ww(a)(4)), as applied by the 
Secretary of Health and Human Services before the date 
of the enactment of this Act, with respect to diagnostic serv-
ices. 
TITLE VI—OTHER PROVISIONS 
SEC. 601. EXTENSION OF NATIONAL FLOOD INSURANCE 
PROGRAM. 
(a) EXTENSION.—Section 129 of the Continuing Ap-
propriations Resolution, 2010 (Public Law 111–68), as 
amended by section 7(a) of Public Law 111–157, is amend-
ed by striking ‘‘by substituting’’ and all that follows through 
the period at the end, and inserting ‘‘by substituting De-
cember 31, 2010, for the date specified in each such sec-
tion.’’.
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•HR 4213 EAH1S 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall be considered to have taken effect on May 
31, 2010. 
SEC. 602. ALLOCATION OF GEOTHERMAL RECEIPTS. 
Notwithstanding any other provision of law, for fiscal 
year 2010 only, all funds received from sales, bonuses, roy-
alties, and rentals under the Geothermal Steam Act of 1970 
(30 U.S.C. 1001 et seq.) shall be deposited in the Treasury, 
of which— 
(1) 50 percent shall be used by the Secretary of 
the Treasury to make payments to States within the 
boundaries of which the leased land and geothermal 
resources are located; 
(2) 25 percent shall be used by the Secretary of 
the Treasury to make payments to the counties within 
the boundaries of which the leased land or geothermal 
resources are located; and 
(3) 25 percent shall be deposited in miscellaneous 
receipts. 
SEC. 603. SMALL BUSINESS LOAN GUARANTEE ENHANCE-
MENT EXTENSIONS. 
(a) APPROPRIATION.—There is appropriated, out of 
any funds in the Treasury not otherwise appropriated, for 
an additional amount for ‘‘Small Business Administra-
tion—Business Loans Program Account’’, $505,000,000, to
345 
•HR 4213 EAH1S 
remain available through December 31, 2010, for the cost 
of— 
(1) fee reductions and eliminations under section 
501 of division A of the American Recovery and Re-
investment Act of 2009 (Public Law 111–5; 123 Stat. 
151), as amended by this section; and 
(2) loan guarantees under section 502 of division 
A of the American Recovery and Reinvestment Act of 
2009 (Public Law 111–5; 123 Stat. 152), as amended 
by this section. 
Such costs, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget 
Act of 1974. 
(b) EXTENSION OF PROGRAMS.— 
(1) FEES.—Section 501 of division A of the 
American Recovery and Reinvestment Act of 2009 
(Public Law 111–5; 123 Stat. 151) is amended by 
striking ‘‘September 30, 2010’’ each place it appears 
and inserting ‘‘December 31, 2010’’. 
(2) LOAN GUARANTEES.—Section 502(f) of divi-
sion A of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111–5; 123 Stat. 153) is 
amended by striking ‘‘May 31, 2010’’ and inserting 
‘‘December 31, 2010’’.
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(c) APPROPRIATION.—There is appropriated for an 
additional amount, out of any funds in the Treasury not 
otherwise appropriated, for administrative expenses to 
carry out sections 501 and 502 of division A of the Amer-
ican Recovery and Reinvestment Act of 2009 (Public Law 
111–5), $5,000,000, to remain available until expended, 
which may be transferred and merged with the appropria-
tion for ‘‘Small Business Administration—Salaries and 
Expenses’’. 
SEC. 604. EMERGENCY AGRICULTURAL DISASTER ASSIST-
ANCE. 
(a) DEFINITIONS.—Except as otherwise provided in 
this section, in this section: 
(1) DISASTER COUNTY.— 
(A) IN GENERAL.—The term ‘‘disaster coun-
ty’’ means a county included in the geographic 
area covered by a qualifying natural disaster 
declaration for the 2009 crop year. 
(B) EXCLUSION.—The term ‘‘disaster coun-
ty’’ does not include a contiguous county. 
(2) ELIGIBLE
AQUACULTURE
PRODUCER.—The 
term ‘‘eligible aquaculture producer’’ means an aqua-
culture producer that during the 2009 calendar year, 
as determined by the Secretary—
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(A) produced an aquaculture species for 
which feed costs represented a substantial per-
centage of the input costs of the aquaculture op-
eration; and 
(B) experienced a substantial price increase 
of feed costs above the previous 5-year average. 
(3) ELIGIBLE
PRODUCER.—The term ‘‘eligible 
producer’’ means an agricultural producer in a dis-
aster county. 
(4) ELIGIBLE SPECIALTY CROP PRODUCER.—The 
term ‘‘eligible specialty crop producer’’ means an ag-
ricultural producer that, for the 2009 crop year, as 
determined by the Secretary— 
(A) produced, or was prevented from plant-
ing, a specialty crop; and 
(B) experienced specialty crop losses in a 
disaster county due to drought, excessive rainfall, 
or a related condition. 
(5) QUALIFYING NATURAL DISASTER DECLARA-
TION.—The term ‘‘qualifying natural disaster dec-
laration’’ means a natural disaster declared by the 
Secretary for production losses under section 321(a) 
of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1961(a)).
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(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(7) SPECIALTY
CROP.—The term ‘‘specialty 
crop’’ has the meaning given the term in section 3 of 
the Specialty Crops Competitiveness Act of 2004 
(Public Law 108–465; 7 U.S.C. 1621 note). 
(b) SUPPLEMENTAL DIRECT PAYMENT.— 
(1) IN
GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall use 
such sums as are necessary to make supplemental 
payments under sections 1103 and 1303 of the Food, 
Conservation, and Energy Act of 2008 (7 U.S.C. 
8713, 8753) to eligible producers on farms located in 
disaster counties that had at least 1 crop of economic 
significance (other than specialty crops or crops in-
tended for grazing) suffer at least a 5-percent crop 
loss on a farm due to a natural disaster, including 
quality losses, as determined by the Secretary, in an 
amount equal to 90 percent of the direct payment the 
eligible producers received for the 2009 crop year on 
the farm. 
(2) ACRE PROGRAM.—Eligible producers that 
received direct payments under section 1105 of the 
Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8715) for the 2009 crop year and that other-
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•HR 4213 EAH1S 
wise meet the requirements of paragraph (1) shall be 
eligible to receive supplemental payments under that 
paragraph in an amount equal to 112.5 percent of the 
reduced direct payment the eligible producers received 
for the 2009 crop year under section 1103 or 1303 of 
the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8713, 8753). 
(3) RELATIONSHIP TO OTHER LAW.—Assistance 
received under this subsection shall be included in the 
calculation of farm revenue for the 2009 crop year 
under section 531(b)(4)(A) of the Federal Crop Insur-
ance Act (7 U.S.C. 1531(b)(4)(A)) and section 
901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. 
2497(b)(4)(A)). 
(c) SPECIALTY CROP ASSISTANCE.— 
(1) IN
GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall use 
not more than $300,000,000, to remain available 
until September 30, 2011, to carry out a program of 
grants to States to assist eligible specialty crop pro-
ducers for losses due to a natural disaster affecting 
the 2009 crops, of which not more than— 
(A) $150,000,000 shall be used to assist eli-
gible specialty crop producers in counties that
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•HR 4213 EAH1S 
have been declared a disaster as the result of 
drought; and 
(B) $150,000,000 shall be used to assist eli-
gible specialty crop producers in counties that 
have been declared a disaster as the result of ex-
cessive rainfall or a related condition. 
(2) NOTIFICATION.—Not later than 45 days after 
the date of enactment of this Act, the Secretary shall 
notify the State department of agriculture (or similar 
entity) in each State of the availability of funds to 
assist eligible specialty crop producers, including such 
terms as are determined by the Secretary to be nec-
essary for the equitable treatment of eligible specialty 
crop producers. 
(3) PROVISION OF GRANTS.— 
(A) IN
GENERAL.—The Secretary shall 
make grants to States for disaster counties on a 
pro rata basis based on the value of specialty 
crop losses in those counties during the 2009 cal-
endar year, as determined by the Secretary. 
(B) ADMINISTRATIVE
COSTS.—State Sec-
retary of Agriculture may not use more than five 
percent of the funds provided for costs associated 
with the administration of the grants provided 
in paragraph (1).
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(C) ADMINISTRATION
OF
GRANTS.—State 
Secretary of Agriculture may enter into a con-
tract with the Department of Agriculture to ad-
minister the grants provided in paragraph (1). 
(D) TIMING.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall make grants to States to provide assistance 
under this subsection. 
(E) 
MAXIMUM
GRANT.—The 
maximum 
amount of a grant made to a State for counties 
described in paragraph (1)(B) may not exceed 
$40,000,000. 
(4) REQUIREMENTS.—The Secretary shall make 
grants under this subsection only to States that dem-
onstrate to the satisfaction of the Secretary that the 
State will— 
(A) use grant funds to issue payments to el-
igible specialty crop producers; 
(B) provide assistance to eligible specialty 
crop producers not later than 60 days after the 
date on which the State receives grant funds; 
and 
(C) not later than 30 days after the date on 
which the State provides assistance to eligible
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•HR 4213 EAH1S 
specialty crop producers, submit to the Secretary 
a report that describes— 
(i) the manner in which the State pro-
vided assistance; 
(ii) the amounts of assistance provided 
by type of specialty crop; and 
(iii) the process by which the State de-
termined the levels of assistance to eligible 
specialty crop producers. 
(D) RELATION TO OTHER LAW.—Assistance 
received under this subsection shall be included 
in the calculation of farm revenue for the 2009 
crop year under section 531(b)(4)(A) of the Fed-
eral 
Crop 
Insurance 
Act 
(7 
U.S.C. 
1531(b)(4)(A)) and section 901(b)(4)(A) of the 
Trade Act of 1974 (19 U.S.C. 2497(b)(4)(A)). 
(d) COTTONSEED ASSISTANCE.— 
(1) IN
GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall use 
not more than $42,000,000 to provide supplemental 
assistance to eligible producers and first-handlers of 
the 2009 crop of cottonseed in a disaster county. 
(2) GENERAL TERMS.—Except as otherwise pro-
vided in this subsection, the Secretary shall provide 
disaster assistance under this subsection under the
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same terms and conditions as assistance provided 
under section 3015 of the Emergency Agricultural 
Disaster Assistance Act of 2006 (title III of Public 
Law 109–234; 120 Stat. 477). 
(3) DISTRIBUTION
OF
ASSISTANCE.—The Sec-
retary shall distribute assistance to first handlers for 
the benefit of eligible producers in a disaster county 
in an amount equal to the product obtained by multi-
plying— 
(A) the payment rate, as determined under 
paragraph (4); and 
(B) the county-eligible production, as deter-
mined under paragraph (5). 
(4) PAYMENT RATE.—The payment rate shall be 
equal to the quotient obtained by dividing— 
(A) the total funds made available to carry 
out this subsection; by 
(B) the sum of the county-eligible produc-
tion, as determined under paragraph (5). 
(5) COUNTY-ELIGIBLE PRODUCTION.—The coun-
ty-eligible production shall be equal to the product ob-
tained by multiplying— 
(A) the number of acres planted to cotton in 
the disaster county, as reported to the Secretary 
by first handlers;
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•HR 4213 EAH1S 
(B) the expected cotton lint yield for the dis-
aster county, as determined by the Secretary 
based on the best available information; and 
(C) the national average seed-to-lint ratio, 
as determined by the Secretary based on the best 
available information for the 5 crop years imme-
diately preceding the 2009 crop, excluding the 
year in which the average ratio was the highest 
and the year in which the average ratio was the 
lowest in such period. 
(e) AQUACULTURE ASSISTANCE.— 
(1) IN
GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall use 
not more than $25,000,000, to remain available until 
September 30, 2011, to carry out a program of grants 
to States to assist eligible aquaculture producers for 
losses associated with high feed input costs during the 
2009 calendar year. 
(2) NOTIFICATION.—Not later than 45 days after 
the date of enactment of this Act, the Secretary shall 
notify the State department of agriculture (or similar 
entity) in each State of the availability of funds to 
assist eligible aquaculture producers, including such 
terms as are determined by the Secretary to be nec-
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•HR 4213 EAH1S 
essary for the equitable treatment of eligible aqua-
culture producers. 
(3) PROVISION OF GRANTS.— 
(A) IN
GENERAL.—The Secretary shall 
make grants to States under this subsection on 
a pro rata basis based on the amount of aqua-
culture feed used in each State during the 2009 
calendar year, as determined by the Secretary. 
(B) TIMING.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall make grants to States to provide assistance 
under this subsection. 
(4) REQUIREMENTS.—The Secretary shall make 
grants under this subsection only to States that dem-
onstrate to the satisfaction of the Secretary that the 
State will— 
(A) use grant funds to assist eligible aqua-
culture producers; 
(B) provide assistance to eligible aqua-
culture producers not later than 60 days after 
the date on which the State receives grant funds; 
and 
(C) not later than 30 days after the date on 
which the State provides assistance to eligible
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•HR 4213 EAH1S 
aquaculture producers, submit to the Secretary a 
report that describes— 
(i) the manner in which the State pro-
vided assistance; 
(ii) the amounts of assistance provided 
per species of aquaculture; and 
(iii) the process by which the State de-
termined the levels of assistance to eligible 
aquaculture producers. 
(5) REDUCTION
IN
PAYMENTS.—An eligible 
aquaculture producer that receives assistance under 
this subsection shall not be eligible to receive any 
other assistance under the supplemental agricultural 
disaster assistance program established under section 
531 of the Federal Crop Insurance Act (7 U.S.C. 
1531) and section 901 of the Trade Act of 1974 (19 
U.S.C. 2497) for any losses in 2009 relating to the 
same species of aquaculture. 
(6) REPORT TO CONGRESS.—Not later than 240 
days after the date of enactment of this Act, the Sec-
retary shall submit to the appropriate committees of 
Congress a report that— 
(A) describes in detail the manner in which 
this subsection has been carried out; and
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•HR 4213 EAH1S 
(B) includes the information reported to the 
Secretary under paragraph (4)(C). 
(f) HAWAII TRANSPORTATION COOPERATIVE.—Not-
withstanding any other provision of law, the Secretary shall 
use $21,000,000 of funds of the Commodity Credit Corpora-
tion to make a payment to an agricultural transportation 
cooperative in the State of Hawaii, the members of which 
are eligible to participate in the commodity loan program 
of the Farm Service Agency, for assistance to maintain and 
develop employment. 
(g) LIVESTOCK FORAGE DISASTER PROGRAM.— 
(1) DEFINITION OF DISASTER COUNTY.—In this 
subsection: 
(A) IN GENERAL.—The term ‘‘disaster coun-
ty’’ means a county included in the geographic 
area covered by a qualifying natural disaster 
declaration announced by the Secretary in cal-
endar year 2009. 
(B) INCLUSION.—The term ‘‘disaster coun-
ty’’ includes a contiguous county. 
(2) PAYMENTS.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use not more 
than $50,000,000 to carry out a program to make 
payments to eligible producers that had grazing losses 
in disaster counties in calendar year 2009.
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•HR 4213 EAH1S 
(3) CRITERIA.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), assistance under this sub-
section shall be determined under the same cri-
teria as are used to carry out the programs 
under section 531(d) of the Federal Crop Insur-
ance Act (7 U.S.C. 1531(d)) and section 901(d) 
of the Trade Act of 1974 (19 U.S.C. 2497(d)). 
(B) DROUGHT INTENSITY.—For purposes of 
this subsection, an eligible producer shall not be 
required to meet the drought intensity require-
ments of section 531(d)(3)(D)(ii) of the Federal 
Crop Insurance Act (7 U.S.C. 1531(d)(3)(D)(ii)) 
and section 901(d)(3)(D)(ii) of the Trade Act of 
1974 (19 U.S.C. 2497(d)(3)(D)(ii)). 
(4) AMOUNT.—Assistance under this subsection 
shall be in an amount equal to 1 monthly payment 
using the monthly payment rate under section 
531(d)(3)(B) of the Federal Crop Insurance Act (7 
U.S.C. 1531(d)(3)(B)) and section 901(d)(3)(B) of the 
Trade Act of 1974 (19 U.S.C. 2497(d)(3)(B)). 
(5) RELATION TO OTHER LAW.—An eligible pro-
ducer that receives assistance under this subsection 
shall be ineligible to receive assistance for 2009 graz-
ing losses under the program carried out under sec-
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•HR 4213 EAH1S 
tion 531(d) of the Federal Crop Insurance Act (7 
U.S.C. 1531(d)) and section 901(d) of the Trade Act 
of 1974 (19 U.S.C. 2497(d)). 
(h) EMERGENCY LOANS FOR POULTRY PRODUCERS.— 
(1) DEFINITIONS.—In this subsection: 
(A) ANNOUNCEMENT DATE.—The term ‘‘an-
nouncement date’’ means the date on which the 
Secretary announces the emergency loan pro-
gram under this subsection. 
(B) 
POULTRY
INTEGRATOR.—The 
term 
‘‘poultry integrator’’ means a poultry integrator 
that filed proceedings under chapter 11 of title 
11, United States Code, in United States Bank-
ruptcy Court during the 30-day period begin-
ning on December 1, 2008. 
(2) LOAN PROGRAM.— 
(A) IN GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall 
use not more than $75,000,000, to remain avail-
able until expended, for the cost of making no- 
interest emergency loans available to poultry 
producers that meet the requirements of this sub-
section. 
(B) TERMS
AND
CONDITIONS.—Except as 
otherwise provided in this subsection, emergency
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•HR 4213 EAH1S 
loans under this subsection shall be subject to 
such terms and conditions as are determined by 
the Secretary. 
(3) LOANS.— 
(A) IN GENERAL.—An emergency loan made 
to a poultry producer under this subsection shall 
be for the purpose of providing financing to the 
poultry producer in response to financial losses 
associated with the termination or nonrenewal of 
any contract between the poultry producer and a 
poultry integrator. 
(B) ELIGIBILITY.— 
(i) IN GENERAL.—To be eligible for an 
emergency loan under this subsection, not 
later than 90 days after the announcement 
date, a poultry producer shall submit to the 
Secretary evidence that— 
(I) the contract of the poultry pro-
ducer described in subparagraph (A) 
was not continued; and 
(II) no similar contract has been 
awarded subsequently to the poultry 
producer. 
(ii) 
REQUIREMENT
TO
OFFER 
LOANS.—Notwithstanding any other provi-
361 
•HR 4213 EAH1S 
sion of law, if a poultry producer meets the 
eligibility requirements described in clause 
(i), subject to the availability of funds 
under paragraph (2)(A), the Secretary shall 
offer to make a loan under this subsection 
to the poultry producer with a minimum 
term of 2 years. 
(4) ADDITIONAL REQUIREMENTS.— 
(A) IN GENERAL.—A poultry producer that 
receives an emergency loan under this subsection 
may use the emergency loan proceeds only to 
repay the amount that the poultry producer owes 
to any lender for the purchase, improvement, or 
operation of the poultry farm. 
(B) CONVERSION OF THE LOAN.—A poultry 
producer that receives an emergency loan under 
this subsection shall be eligible to have the bal-
ance of the emergency loan converted, but not re-
financed, to a loan that has the same terms and 
conditions as an operating loan under subtitle B 
of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1941 et seq.). 
(i) STATE
AND
LOCAL
GOVERNMENTS.—Section 
1001(f)(6)(A) of the Food Security Act of 1985 (7 U.S.C. 
1308(f)(6)(A)) is amended by inserting ‘‘(other than the
362 
•HR 4213 EAH1S 
conservation reserve program established under subchapter 
B of chapter 1 of subtitle D of title XII of this Act)’’ before 
the period at the end. 
(j) ADMINISTRATION.— 
(1) REGULATIONS.— 
(A) IN GENERAL.—As soon as practicable 
after the date of enactment of this Act, the Sec-
retary shall promulgate such regulations as are 
necessary to implement this section and the 
amendment made by this section. 
(B) PROCEDURE.—The promulgation of the 
regulations and administration of this section 
and the amendment made by this section shall be 
made without regard to— 
(i) the notice and comment provisions 
of section 553 of title 5, United States Code; 
(ii) the Statement of Policy of the Sec-
retary of Agriculture effective July 24, 1971 
(36 Fed. Reg. 13804), relating to notices of 
proposed rulemaking and public participa-
tion in rulemaking; and 
(iii) chapter 35 of title 44, United 
States Code (commonly known as the ‘‘Pa-
perwork Reduction Act’’).
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•HR 4213 EAH1S 
(C) CONGRESSIONAL
REVIEW
OF
AGENCY 
RULEMAKING.—In carrying out this paragraph, 
the Secretary shall use the authority provided 
under section 808 of title 5, United States Code. 
(2) ADMINISTRATIVE COSTS.—Of the funds of the 
Commodity Credit Corporation, the Secretary may 
use up to $10,000,000 to pay administrative costs in-
curred by the Secretary that are directly related to 
carrying out this Act. 
(3) PROHIBITION.—None of the funds of the Ag-
ricultural Disaster Relief Trust Fund established 
under section 902 of the Trade Act of 1974 (19 U.S.C. 
2497a) may be used to carry out this Act. 
SEC. 605. SUMMER EMPLOYMENT FOR YOUTH. 
There is appropriated, out of any funds in the Treas-
ury not otherwise appropriated, for an additional amount 
for ‘‘Department of Labor—Employment and Training Ad-
ministration—Training and Employment Services’’ for ac-
tivities under the Workforce Investment Act of 1998 
(‘‘WIA’’), $1,000,000,000 shall be available for obligation 
on the date of enactment of this Act for grants to States 
for youth activities, including summer employment for 
youth: Provided, That no portion of such funds shall be re-
served to carry out section 127(b)(1)(A) of the WIA: Pro-
vided further, That for purposes of section 127(b)(1)(C)(iv)
364 
•HR 4213 EAH1S 
of the WIA, funds available for youth activities shall be al-
lotted as if the total amount available for youth activities 
in the fiscal year does not exceed $1,000,000,000: Provided 
further, That with respect to the youth activities provided 
with such funds, section 101(13)(A) of the WIA shall be ap-
plied by substituting ‘‘age 24’’ for ‘‘age 21’’: Provided fur-
ther, That the work readiness performance indicator de-
scribed in section 136(b)(2)(A)(ii)(I) of the WIA shall be 
the only measure of performance used to assess the effective-
ness of summer employment for youth provided with such 
funds: Provided further, That an amount that is not more 
than 1 percent of such amount may be used for the adminis-
tration, management, and oversight of the programs, activi-
ties, and grants carried out with such funds, including the 
evaluation of the use of such funds: Provided further, That 
funds available under the preceding proviso, together with 
funds described in section 801(a) of division A of the Amer-
ican Recovery and reinvestment Act of 2009 (Public Law 
111–5), and funds provided in such Act under the heading 
‘‘Department of Labor–Departmental Management–Sala-
ries and Expenses’’, shall remain available for obligation 
through September 30, 2011. 
SEC. 606. HOUSING TRUST FUND. 
(a) FUNDING.—There is hereby appropriated for the 
Housing Trust Fund established pursuant to section 1338
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•HR 4213 EAH1S 
of the Federal Housing Enterprises Financial Safety and 
Soundness Act of 1992 (12 U.S.C. 4568), $1,065,000,000, 
for use under such section: Provided, That of the total 
amount provided under this heading, $65,000,000 shall be 
available to the Secretary of Housing and Urban Develop-
ment only for incremental project-based voucher assistance 
to be allocated to States to be used solely in conjunction 
with grant funds awarded under such section 1338, pursu-
ant to the formula established under section 1338 and tak-
ing into account different per unit subsidy needs among 
states, as determined by the Secretary. 
(b) AMENDMENTS.—Section 1338 of the Federal Hous-
ing Enterprises Financial Safety and Soundness Act of 
1992 (12 U.S.C. 4568) is amended— 
(1) in subsection (c)— 
(A) in paragraph (4)(A) by inserting after 
the period at the end the following: ‘‘Notwith-
standing any other provision of law, for the fis-
cal year following enactment of this sentence and 
thereafter, the Secretary may make such notice 
available only on the Internet at the appropriate 
government website or websites or through other 
electronic media, as determined by the Sec-
retary.’’;
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•HR 4213 EAH1S 
(B) in paragraph (5)(C), by striking ‘‘(8)’’ 
and inserting ‘‘(9)’’; and 
(C) in paragraph (7)(A)— 
(i) by striking ‘‘section 1335(a)(2)(B)’’ 
and inserting ‘‘section 1335(a)(1)(B)’’; and 
(ii) by inserting ‘‘the units funded 
under’’ after ‘‘75 percent of’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(k) ENVIRONMENTAL REVIEW.—For the purpose of 
environmental compliance review, funds awarded under 
this section shall be subject to section 288 of the HOME 
Investment Partnerships Act (12 U.S.C. 12838) and shall 
be treated as funds under the program established by such 
Act.’’. 
SEC. 607. THE INDIVIDUAL INDIAN MONEY ACCOUNT LITI-
GATION SETTLEMENT ACT OF 2010. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Individual Indian Money Account Litigation Settlement 
Act of 2010’’. 
(b) DEFINITIONS.—In this section: 
(1) AMENDED COMPLAINT.—The term ‘‘Amended 
Complaint’’ means the Amended Complaint attached 
to the Settlement.
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•HR 4213 EAH1S 
(2) LAND CONSOLIDATION PROGRAM.—The term 
‘‘Land Consolidation Program’’ means a program 
conducted in accordance with the Settlement and the 
Indian Land Consolidation Act (25 U.S.C. 2201 et 
seq.) under which the Secretary may purchase frac-
tional interests in trust or restricted land. 
(3) LITIGATION.—The term ‘‘Litigation’’ means 
the case entitled Elouise Cobell et al. v. Ken Salazar 
et al., United States District Court, District of Co-
lumbia, Civil Action No. 96–1285 (JR). 
(4) PLAINTIFF.—The term ‘‘Plaintiff’’ means a 
member of any class certified in the Litigation. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) 
SETTLEMENT.—The 
term 
‘‘Settlement’’ 
means the Class Action Settlement Agreement dated 
December 7, 2009, in the Litigation, as modified by 
the parties to the Litigation. 
(7) TRUST ADMINISTRATION CLASS.—The term 
‘‘Trust Administration Class’’ means the Trust Ad-
ministration Class as defined in the Settlement. 
(c) PURPOSE.—The purpose of this section is to au-
thorize the Settlement. 
(d) AUTHORIZATION.—The Settlement is authorized, 
ratified, and confirmed.
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•HR 4213 EAH1S 
(e) JURISDICTIONAL PROVISIONS.— 
(1) IN GENERAL.—Notwithstanding the limita-
tion of jurisdiction of district courts contained in sec-
tion 1346(a)(2) of title 28, United States Code, the 
United States District Court for the District of Co-
lumbia shall have jurisdiction over the claims asserted 
in the Amended Complaint for purposes of the Settle-
ment. 
(2) CERTIFICATION OF TRUST ADMINISTRATION 
CLASS.— 
(A) IN GENERAL.—Notwithstanding the re-
quirements of the Federal Rules of Civil Proce-
dure, the court overseeing the Litigation may 
certify the Trust Administration Class. 
(B) TREATMENT.—On certification under 
subparagraph (A), the Trust Administration 
Class shall be treated as a class under Federal 
Rule of Civil Procedure 23(b)(3) for purposes of 
the Settlement. 
(f) TRUST LAND CONSOLIDATION.— 
(1) TRUST LAND CONSOLIDATION FUND.— 
(A) ESTABLISHMENT.—On final approval 
(as defined in the Settlement) of the Settlement, 
there shall be established in the Treasury of the
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•HR 4213 EAH1S 
United States a fund, to be known as the ‘‘Trust 
Land Consolidation Fund’’. 
(B) AVAILABILITY OF AMOUNTS.—Amounts 
in the Trust Land Consolidation Fund shall be 
made available to the Secretary during the 10- 
year period beginning on the date of final ap-
proval of the Settlement— 
(i) to conduct the Land Consolidation 
Program; and 
(ii) for other costs specified in the Set-
tlement. 
(C) DEPOSITS.— 
(i) IN GENERAL.—On final approval 
(as defined in the Settlement) of the Settle-
ment, the Secretary of the Treasury shall 
deposit in the Trust Land Consolidation 
Fund $2,000,000,000 of the amounts appro-
priated by section 1304 of title 31, United 
States Code. 
(ii) CONDITIONS MET.—The conditions 
described in section 1304 of title 31, United 
States Code, shall be considered to be met 
for purposes of clause (i). 
(D) TRANSFERS.—In a manner designed to 
encourage participation in the Land Consolida-
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•HR 4213 EAH1S 
tion Program, the Secretary may transfer, at the 
discretion of the Secretary, not more than 
$60,000,000 of amounts in the Trust Land Con-
solidation Fund to the Indian Education Schol-
arship Holding Fund established under para-
graph 2. 
(2) INDIAN EDUCATION SCHOLARSHIP HOLDING 
FUND.— 
(A) ESTABLISHMENT.—On the final ap-
proval (as defined in the Settlement) of the Set-
tlement, there shall be established in the Treas-
ury of the United States a fund, to be known as 
the ‘‘Indian Education Scholarship Holding 
Fund’’. 
(B) AVAILABILITY.—Notwithstanding any 
other provision of law governing competition, 
public notification, or Federal procurement or 
assistance, amounts in the Indian Education 
Scholarship Holding Fund shall be made avail-
able, without further appropriation, to the Sec-
retary to contribute to an Indian Education 
Scholarship Fund, as described in the Settle-
ment, to provide scholarships for Native Ameri-
cans.
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(3) ACQUISITION
OF
TRUST
OR
RESTRICTED 
LAND.—The Secretary may acquire, at the discretion 
of the Secretary and in accordance with the Land 
Consolidation Program, any fractional interest in 
trust or restricted land. 
(4) 
TREATMENT
OF
UNLOCATABLE
PLAIN-
TIFFS.—A Plaintiff the whereabouts of whom are un-
known and who, after reasonable efforts by the Sec-
retary, cannot be located during the 5 year period be-
ginning on the date of final approval (as defined in 
the Settlement) of the Settlement shall be considered 
to have accepted an offer made pursuant to the Land 
Consolidation Program. 
(g) TAXATION AND OTHER BENEFITS.— 
(1) INTERNAL REVENUE CODE.—For purposes of 
the Internal Revenue Code of 1986, amounts received 
by an individual Indian as a lump sum or a periodic 
payment pursuant to the Settlement— 
(A) shall not be included in gross income; 
and 
(B) shall not be taken into consideration for 
purposes of applying any provision of the Inter-
nal Revenue Code of 1986 that takes into ac-
count excludible income in computing adjusted 
gross income or modified adjusted gross income,
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including section 86 of that Code (relating to So-
cial Security and tier 1 railroad retirement ben-
efits). 
(2) OTHER
BENEFITS.—Notwithstanding any 
other provision of law, for purposes of determining 
initial eligibility, ongoing eligibility, or level of bene-
fits under any Federal or federally assisted program, 
amounts received by an individual Indian as a lump 
sum or a periodic payment pursuant to the Settle-
ment shall not be treated for any household member, 
during the 1-year period beginning on the date of re-
ceipt— 
(A) as income for the month during which 
the amounts were received; or 
(B) as a resource. 
SEC. 608. APPROPRIATION OF FUNDS FOR FINAL SETTLE-
MENT OF CLAIMS FROM IN RE BLACK FARM-
ERS DISCRIMINATION LITIGATION. 
(a) DEFINITIONS.—In this section: 
(1) SETTLEMENT AGREEMENT.—The term ‘‘Set-
tlement Agreement’’ means the settlement agreement 
dated February 18, 2010 (including any modifica-
tions agreed to by the parties and approved by the 
court under that agreement) between certain plain-
tiffs, by and through their counsel, and the Secretary
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of Agriculture to resolve, fully and forever, the claims 
raised or that could have been raised in the cases con-
solidated in In re Black Farmers Discrimination 
Litigation, No. 08–511 (D.D.C.), including Pigford 
claims asserted under section 14012 of the Food, Con-
servation, and Energy Act of 2008 (Public Law 110– 
246; 122 Stat. 2209). 
(2) PIGFORD CLAIM.—The term ‘‘Pigford claim’’ 
has the meaning given that term in section 
14012(a)(3) of the Food, Conservation, and Energy 
Act of 2008 (Public Law 110–246; 122 Stat. 2210). 
(b) APPROPRIATION OF FUNDS.—There is hereby ap-
propriated to the Secretary of Agriculture $1,150,000,000, 
to remain available until expended, to carry out the terms 
of the Settlement Agreement if the Settlement Agreement is 
approved by a court order that is or becomes final and non-
appealable. The funds appropriated by this subsection are 
in addition to the $100,000,000 of funds of the Commodity 
Credit Corporation made available by section 14012(i) of 
the Food, Conservation, and Energy Act of 2008 (Public 
Law 110–246; 122 Stat. 2212) and shall be available for 
obligation only after those Commodity Credit Corporation 
funds are fully obligated. If the Settlement Agreement is not 
approved as provided in this subsection, the $100,000,000 
of funds of the Commodity Credit Corporation made avail-
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able by section 14012(i) of the Food, Conservation, and En-
ergy Act of 2008 shall be the sole funding available for 
Pigford claims. 
(c) USE OF FUNDS.—The use of the funds appro-
priated by subsection (b) shall be subject to the express terms 
of the Settlement Agreement. 
(d) TREATMENT OF REMAINING FUNDS.—If any of the 
funds appropriated by subsection (b) are not obligated and 
expended to carry out the Settlement Agreement, the Sec-
retary of Agriculture shall return the unused funds to the 
Treasury and may not make the unused funds available for 
any purpose related to section 14012 of the Food, Conserva-
tion, and Energy Act of 2008, for any other settlement 
agreement executed in In re Black Farmers Discrimination 
Litigation, No. 08–511 (D.D.C.), or for any other purpose. 
(e) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as requiring the United States, any 
of its officers or agencies, or any other party to enter into 
the Settlement Agreement or any other settlement agree-
ment. Nothing in this section shall be construed as creating 
the basis for a Pigford claim. 
(f) CONFORMING AMENDMENTS.—Section 14012 of the 
Food, Conservation, and Energy Act of 2008 (Public Law 
110–246; 122 Stat. 2209) is amended— 
(1) in subsection (c)(1)—
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(A) by striking ‘‘subsection (h)’’ and insert-
ing ‘‘subsection (g)’’; and 
(B) by striking ‘‘subsection (i)’’ and insert-
ing ‘‘subsection (h)’’; 
(2) by striking subsection (e); 
(3) in subsection (g), by striking ‘‘subsection (f)’’ 
and inserting ‘‘subsection (e)’’; 
(4) in subsection (i)— 
(A) by striking ‘‘(1) IN GENERAL.—Of the 
funds’’ and inserting ‘‘Of the funds’’; and 
(B) by striking paragraph (2); 
(5) by striking subsection (j); and 
(6) by redesignating subsections (f), (g), (h), (i), 
and (k) as subsections (e), (f), (g), (h), and (i), respec-
tively. 
SEC. 609. EXPANSION OF ELIGIBILITY FOR CONCURRENT 
RECEIPT OF MILITARY RETIRED PAY AND 
VETERANS’ DISABILITY COMPENSATION TO 
INCLUDE ALL CHAPTER 61 DISABILITY RETIR-
EES REGARDLESS OF DISABILITY RATING 
PERCENTAGE OR YEARS OF SERVICE. 
(a) PHASED EXPANSION CONCURRENT RECEIPT.— 
Subsection (a) of section 1414 of title 10, United States 
Code, is amended to read as follows:
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‘‘(a) PAYMENT
OF BOTH RETIRED PAY
AND DIS-
ABILITY COMPENSATION.— 
‘‘(1) PAYMENT OF BOTH REQUIRED.— 
‘‘(A) IN
GENERAL.—Subject to subsection 
(b), a member or former member of the uni-
formed services who is entitled for any month to 
retired pay and who is also entitled for that 
month to veterans’ disability compensation for a 
qualifying service-connected disability (in this 
section referred to as a ‘qualified retiree’) is enti-
tled to be paid both for that month without re-
gard to sections 5304 and 5305 of title 38. 
‘‘(B) APPLICABILITY OF FULL CONCURRENT 
RECEIPT PHASE-IN REQUIREMENT.—During the 
period beginning on January 1, 2004, and end-
ing on December 31, 2013, payment of retired 
pay to a qualified retiree is subject to subsection 
(c). 
‘‘(C) PHASE-IN
EXCEPTION
FOR
100
PER-
CENT DISABLED RETIREES.—The payment of re-
tired pay is subject to subsection (c) only during 
the period beginning on January 1, 2004, and 
ending on December 31, 2004, in the case of the 
following qualified retirees:
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‘‘(i) A qualified retiree receiving vet-
erans’ disability compensation for a dis-
ability rated as 100 percent. 
‘‘(ii) A qualified retiree receiving vet-
erans’ disability compensation at the rate 
payable for a 100 percent disability by rea-
son of a determination of individual 
unemployability. 
‘‘(D) TEMPORARY PHASE-IN EXCEPTION FOR 
CERTAIN
CHAPTER
DISABILITY
RETIREES; 
TERMINATION.—Subject to subsection (b), during 
the period beginning on January 1, 2011, and 
ending on September 30, 2012, subsection (c) 
shall not apply to a qualified retiree described in 
subparagraph (B) or (C) of paragraph (2). 
‘‘(2) 
QUALIFYING
SERVICE-CONNECTED
DIS-
ABILITY DEFINED.—In this section: 
‘‘(A) 50 PERCENT RATING THRESHOLD.—In 
the case of a member or former member receiving 
retired pay under any provision of law other 
than chapter 61 of this title, or under chapter 61 
with 20 years or more of service otherwise cred-
itable under section 1405 or computed under sec-
tion 12732 of this title, the term ‘qualifying serv-
ice-connected disability’ means a service-con-
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•HR 4213 EAH1S 
nected disability or combination of service-con-
nected disabilities that is rated as not less than 
50 percent disabling by the Secretary of Veterans 
Affairs. However, during the period specified in 
paragraph (1)(D), members or former members 
receiving retired pay under chapter 61 with 20 
years or more of creditable service computed 
under section 12732 of this title, but not other-
wise entitled to retired pay under any other pro-
vision of this title, shall qualify in accordance 
with subparagraphs (B) and (C). 
‘‘(B) INCLUSION OF MEMBERS NOT OTHER-
WISE ENTITLED TO RETIRED PAY.—In the case of 
a member or former member receiving retired 
pay under chapter 61 of this title, but who is not 
otherwise entitled to retired pay under any other 
provision of this title, the term ‘qualifying serv-
ice-connected disability’ means a service-con-
nected disability or combination of service-con-
nected disabilities that is rated by the Secretary 
of Veterans Affairs at the disabling level specified 
in one of the following clauses (which, subject to 
paragraph (3), is effective on or after the date 
specified in the applicable clause):
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‘‘(i) January 1, 2011, rated 100 per-
cent, or a rate payable at 100 percent by 
reason of individual unemployability or 
rated 90 percent. 
‘‘(ii) January 1, 2012, rated 80 per-
cent or 70 percent. 
‘‘(iii) January 1, 2013, rated 60 per-
cent or 50 percent. 
‘‘(C) ELIMINATION
OF
RATING
THRESH-
OLD.—In the case of a member or former mem-
ber receiving retired pay under chapter 61 re-
gardless of being otherwise eligible for retirement, 
the term ‘qualifying service-connected disability’ 
means a service-connected disability or combina-
tion of service-connected disabilities that is rated 
by the Secretary of Veterans Affairs at the dis-
abling level specified in one of the following 
clauses (which, subject to paragraph (3), is effec-
tive on or after the date specified in the applica-
ble clause): 
‘‘(i) January 1, 2014, rated 40 percent 
or 30 percent. 
‘‘(ii) January 1, 2015, any rating.
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‘‘(3) LIMITED DURATION.—Notwithstanding the 
effective date specified in each clause of subpara-
graphs (B) and (C) of paragraph (2), the clause— 
‘‘(A) shall apply only if the termination 
date specified in paragraph (1)(D) would occur 
during or after the calendar year specified in the 
clause; and 
‘‘(B) shall not apply beyond the termi-
nation date specified in paragraph (1)(D).’’. 
(b) CONFORMING AMENDMENT TO SPECIAL RULES FOR 
CHAPTER 61 DISABILITY RETIREES.—Subsection (b) of 
such section is amended to read as follows: 
‘‘(b) SPECIAL RULES FOR CHAPTER 61 DISABILITY 
RETIREES WHEN ELIGIBILITY HAS BEEN ESTABLISHED 
FOR SUCH RETIREES.— 
‘‘(1) GENERAL REDUCTION RULE.—The retired 
pay of a member retired under chapter 61 of this title 
is subject to reduction under sections 5304 and 5305 
of title 38, but only to the extent that the amount of 
the members retired pay under chapter 61 of this title 
exceeds the amount of retired pay to which the mem-
ber would have been entitled under any other provi-
sion of law based upon the member’s service in the 
uniformed services if the member had not been retired 
under chapter 61 of this title.
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‘‘(2) CHAPTER 61 RETIREES NOT OTHERWISE EN-
TITLED TO RETIRED PAY.— 
‘‘(A) BEFORE
TERMINATION
DATE.—If a 
member with a qualifying service-connected dis-
ability (as defined in subsection (a)(2)) is retired 
under chapter 61 of this title, but is not other-
wise entitled to retired pay under any other pro-
vision of this title, and the termination date 
specified in subsection (a)(1)(D) has not oc-
curred, the retired pay of the member is subject 
to reduction under sections 5304 and 5305 of 
title 38, but only to the extent that the amount 
of the member’s retired pay under chapter 61 of 
this title exceeds the amount equal to 21⁄2 percent 
of the member’s years of creditable service multi-
plied by the member’s retired pay base under sec-
tion 1406(b)(1) or 1407 of this title, whichever is 
applicable to the member. 
‘‘(B) AFTER
TERMINATION
DATE.—Sub-
section (a) does not apply to a member described 
in subparagraph (A) if the termination date 
specified in subsection (a)(1)(D) has occurred.’’. 
(c) CONFORMING AMENDMENT TO FULL CONCURRENT 
RECEIPT PHASE-IN.—Subsection (c) of such section is 
amended by striking ‘‘the second sentence of’’.
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(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 1414. Concurrent receipt of retired pay and vet-
erans’ disability compensation’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 71 of such title is amend-
ed by striking the item related to section 1414 and in-
serting the following new item: 
‘‘1414. Concurrent receipt of retired pay and veterans’ disability compensation.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on January 1, 2011. 
SEC. 610. EXTENSION OF USE OF 2009 POVERTY GUIDE-
LINES. 
Section 1012 of the Department of Defense Appropria-
tions Act, 2010 (Public Law 111–118), as amended by sec-
tion 6 of the Continuing Extension Act of 2010 (Public Law 
111–157), is amended— 
(1) by striking ‘‘before May 31, 2010’’; and 
(2) by inserting ‘‘for 2011’’ after ‘‘until updated 
poverty guidelines’’.
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SEC. 611. REFUNDS DISREGARDED IN THE ADMINISTRA-
TION OF FEDERAL PROGRAMS AND FEDER-
ALLY ASSISTED PROGRAMS. 
(a) IN GENERAL.—Subchapter A of chapter 65 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRA-
TION OF FEDERAL PROGRAMS AND FEDER-
ALLY ASSISTED PROGRAMS. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, any refund (or advance payment with respect 
to a refundable credit) made to any individual under this 
title shall not be taken into account as income, and shall 
not be taken into account as resources for a period of 12 
months from receipt, for purposes of determining the eligi-
bility of such individual (or any other individual) for bene-
fits or assistance (or the amount or extent of benefits or 
assistance) under any Federal program or under any State 
or local program financed in whole or in part with Federal 
funds. 
‘‘(b) TERMINATION.—Subsection (a) shall not apply to 
any amount received after December 31, 2010.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
such subchapter is amended by adding at the end the fol-
lowing new item:
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‘‘Sec. 6409. Refunds disregarded in the administration of Federal programs and 
federally assisted programs.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to amounts received after December 31, 
2009. 
SEC. 612. STATE COURT IMPROVEMENT PROGRAM. 
Section 438 of the Social Security Act (42 U.S.C. 
629h) is amended— 
(1) in subsection (c)(2)(A), by striking ‘‘2010’’ 
and inserting ‘‘2011’’; and 
(2) in subsection (e), by striking ‘‘2010’’ and in-
serting ‘‘2011’’. 
SEC. 613. QUALIFYING TIMBER CONTRACT OPTIONS. 
(a) DEFINITIONS.—In this section: 
(1) QUALIFYING CONTRACT.—The term ‘‘quali-
fying contract’’ means a contract that has not been 
terminated by the Bureau of Land Management for 
the sale of timber on lands administered by the Bu-
reau of Land Management that meets all of the fol-
lowing criteria: 
(A) The contract was awarded during the 
period beginning on January 1, 2005, and end-
ing on December 31, 2008. 
(B) There is unharvested volume remaining 
for the contract. 
(C) The contract is not a salvage sale.
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•HR 4213 EAH1S 
(D) The Secretary determined there is not 
an urgent need to harvest under the contract due 
to deteriorating timber conditions that developed 
after the award of the contract. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of Bureau of Land Management. 
(3) TIMBER
PURCHASER.—The term ‘‘timber 
purchaser’’ means the party to the qualifying contract 
for the sale of timber from lands administered by the 
Bureau of Land Management. 
(b) MARKET-RELATED CONTRACT EXTENSION OP-
TION.—Upon a timber purchaser’s written request, the Sec-
retary may make a one-time modification to the qualifying 
contract to add 3 years to the contract expiration date if 
the written request— 
(1) is received by the Secretary not later than 90 
days after the date of enactment of this Act; and 
(2) contains a provision releasing the United 
States from all liability, including further consider-
ation or compensation, resulting from the modifica-
tion under this subsection of the term of a qualifying 
contract. 
(c) REPORTING.—Not later than 6 months after the 
date of the enactment of this Act, the Secretary shall submit
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to Congress a report detailing a plan and timeline to pro-
mulgate new regulations authorizing the Bureau of Land 
Management to extend timber contracts due to changes in 
market conditions. 
(d) REGULATIONS.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary shall pro-
mulgate new regulations authorizing the Bureau of Land 
Management to extend timber contracts due to changes in 
market conditions. 
(e) NO SURRENDER OF CLAIMS.—This section shall 
not have the effect of surrendering any claim by the United 
States against any timber purchaser that arose under a 
timber sale contract, including a qualifying contract, before 
the date on which the Secretary adjusts the contract term 
under subsection (b). 
SEC. 614. EXTENSION AND FLEXIBILITY FOR CERTAIN AL-
LOCATED SURFACE TRANSPORTATION PRO-
GRAMS. 
(a) MODIFICATION OF ALLOCATION RULES.—Section 
411(d) of the Surface Transportation Extension Act of 2010 
(Public Law 111–147; 124 Stat. 80) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘1301, 1302,’’; and
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•HR 4213 EAH1S 
(ii) by striking ‘‘1198, 1204,’’; and 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i) 
by striking ‘‘apportioned under sections 
104(b) and 144 of title 23, United States 
Code,’’ and inserting ‘‘specified in section 
105(a)(2) of title 23, United States Code 
(except the high priority projects pro-
gram),’’; and 
(ii) in clause (ii) by striking ‘‘appor-
tioned under such sections of such Code’’ 
and inserting ‘‘specified in such section 
105(a)(2) (except the high priority projects 
program)’’; 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘1301, 1302,’’; and 
(ii) by striking ‘‘1198, 1204,’’; and 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i) 
by striking ‘‘apportioned under sections 
104(b) and 144 of title 23, United States 
Code,’’ and inserting ‘‘specified in section 
105(a)(2) of title 23, United States Code
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•HR 4213 EAH1S 
(except the high priority projects pro-
gram),’’; and 
(ii) in clause (ii) by striking ‘‘appor-
tioned under such sections of such Code’’ 
and inserting ‘‘specified in such section 
105(a)(2) (except the high priority projects 
program)’’; and 
(3) by adding at the end the following: 
‘‘(5) PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE
AND
NATIONAL
CORRIDOR
INFRASTRUC-
TURE IMPROVEMENT PROGRAMS.— 
‘‘(A) REDISTRIBUTION
AMONG
STATES.— 
Notwithstanding sections 1301(m) and 1302(e) of 
SAFETEA–LU (119 Stat. 1202 and 1205), the 
Secretary shall apportion funds authorized to be 
appropriated under subsection (b) for the 
projects of national and regional significance 
program and the national corridor infrastruc-
ture improvement program among all States 
such that each State’s share of the funds so ap-
portioned is equal to the State’s share for fiscal 
year 2009 of funds apportioned or allocated for 
the programs specified in section 105(a)(2) of 
title 23, United States Code.