STATUTE OF LIMITATIONS 
SEC. 4206. The Commission shall commence any en-
forcement proceeding described in section 28 of the Federal 
Trade Commission Act, as added by section 3202, except 
for an action described in section 28(g)(2) of the Federal 
Trade Commission Act, not later than 3 years after the date 
on which the parties to the agreement file the Notice of 
Agreement as provided by section 1112(c) of the Medicare 
Prescription Drug Improvement and Modernization Act of 
2003 (21 U.S.C. 355 note). 
SEVERABILITY 
SEC. 4207. If any provision of this chapter, an amend-
ment made by this chapter, or the application of such provi-
sion or amendment to any person or circumstance is held 
to be unconstitutional, the remainder of this chapter, the 
amendments made by this chapter, and the application of 
the provisions of such chapter or amendments to any person 
or circumstance shall not be affected thereby. 
CHAPTER 3 
COMPUTATION OF MEDICAID AVERAGE 
MANUFACTURER PRICE 
COMPUTATION
OF
MEDICAID
AVERAGE
MANUFACTURER 
PRICE (AMP) FOR DRUGS NOT DISPENSED THROUGH 
RETAIL COMMUNITY PHARMACIES 
SEC. 
4301. 
(a) 
IN
GENERAL.—Section 
1927(k)(1)(B)(i)(IV) of the Social Security Act (42 U.S.C.
1396r–8(k)(1)(B)(i)(IV)), 
as 
amended 
by 
section 
2503(a)(2)(B) of the Patient Protection and Affordable Care 
Act (Public Law 111–148) and by section 1102(c)(2) of the 
Health Care and Education Reconciliation Act of 2010 
(Public Law 111–152), is amended by inserting after ‘‘re-
tail community pharmacy’’ the following: ‘‘, except that in 
the case of an inhalation, infusion, or injectable drug that 
is not dispensed through a retail community pharmacy, the 
exclusion under this subclause shall not apply to payments 
received from, and rebates and discounts provided to, dis-
tributors or hospitals, clinics, doctors, and other entities di-
rectly dispensing the drug; and’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect as if included in section 2503 
of Public Law 111–148. 
CHAPTER 4 
PUBLIC SAFETY EMPLOYER-EMPLOYEE 
COOPERATION ACT 
SHORT TITLE 
SEC. 4401. This chapter may be cited as the ‘‘Public 
Safety Employer-Employee Cooperation Act of 2010’’. 
DECLARATION OF PURPOSE AND POLICY 
SEC. 4402. The Congress declares that the following is 
the policy of the United States: 
(1) Labor-management relationships and part-
nerships are based on trust, mutual respect, open
communication, bilateral consensual problem solving, 
and shared accountability. Labor-management co-
operation fully utilizes the strengths of both parties to 
best serve the interests of the public, operating as a 
team, to carry out the public safety mission in a 
quality work environment. In many public safety 
agencies, it is the union that provides the institu-
tional stability as elected leaders and appointees come 
and go. 
(2) State and local public safety officers play an 
essential role in the efforts of the United States to de-
tect, prevent, and respond to terrorist attacks, and to 
respond to natural disasters, hazardous materials, 
and other mass casualty incidents. State and local 
public safety officers, as first responders, are a compo-
nent of our Nation’s National Incident Management 
System, developed by the Department of Homeland 
Security to coordinate response to and recovery from 
terrorism, major natural disasters, and other major 
emergencies. Public safety employer-employee coopera-
tion is essential in meeting these needs and is, there-
fore, in the National interest. 
(3) The Federal Government needs to encourage 
conciliation, mediation, and voluntary arbitration to 
aid and encourage employers and the representatives
of their employees to reach and maintain agreements 
concerning rates of pay, hours, and working condi-
tions, and to make all reasonable efforts through nego-
tiations to settle their differences by mutual agree-
ment reached through collective bargaining or by such 
methods as may be provided for in any applicable 
agreement for the settlement of disputes. 
(4) The absence of adequate cooperation between 
public safety employers and employees has implica-
tions for the security of employees and can affect 
interstate and intrastate commerce. The lack of such 
labor-management cooperation can detrimentally im-
pact the upgrading of police and fire services of local 
communities, the health and well-being of public safe-
ty officers, and the morale of the fire and police de-
partments. Additionally, these factors could have sig-
nificant commercial repercussions. Moreover, pro-
viding minimal standards for collective bargaining 
negotiations in the public safety sector can prevent 
industrial strife between labor and management that 
interferes with the normal flow of commerce. 
(5) Many States and localities already provide 
public safety officers with collective bargaining rights 
comparable to or greater than the rights and respon-
sibilities set forth in this chapter, and such State and 
local laws should be respected. 
DEFINITIONS 
SEC. 4403. In this chapter: 
(1) AUTHORITY.—The term ‘‘Authority’’ means 
the Federal Labor Relations Authority. 
(2) CONFIDENTIAL EMPLOYEE.—The term ‘‘con-
fidential employee’’ has the meaning given such term 
under applicable State law on the date of enactment 
of this Act. If no such State law is in effect, the term 
means an individual, employed by a public safety 
employer, who— 
(A) is designated as confidential; and 
(B) is an individual who routinely assists, 
in a confidential capacity, supervisory employees 
and management employees. 
(3) 
EMERGENCY
MEDICAL
SERVICES
PER-
SONNEL.—The term ‘‘emergency medical services per-
sonnel’’ means an individual who provides out-of-hos-
pital emergency medical care, including an emer-
gency medical technician, paramedic, or first re-
sponder. 
(4) EMPLOYER; PUBLIC SAFETY AGENCY.—The 
terms ‘‘employer’’ and ‘‘public safety agency’’ mean 
any State, or political subdivision of a State, that 
employs public safety officers.
(5) FIREFIGHTER.—The term ‘‘firefighter’’ has 
the meaning given the term ‘‘employee engaged in fire 
protection activities’’ in section 3(y) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(y)). 
(6) LABOR ORGANIZATION.—The term ‘‘labor or-
ganization’’ means an organization composed in 
whole or in part of employees, in which employees 
participate, and which represents such employees be-
fore public safety agencies concerning grievances, con-
ditions of employment, and related matters. 
(7) LAW
ENFORCEMENT
OFFICER.—The term 
‘‘law enforcement officer’’ has the meaning given such 
term in section 1204 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796b). 
(8) MANAGEMENT EMPLOYEE.—The term ‘‘man-
agement employee’’ has the meaning given such term 
under applicable State law in effect on the date of en-
actment of this Act. If no such State law is in effect, 
the term means an individual employed by a public 
safety employer in a position that requires or author-
izes the individual to formulate, determine, or influ-
ence the policies of the employer. 
(9) PERSON.—The term ‘‘person’’ means an in-
dividual or a labor organization.
(10) PUBLIC SAFETY OFFICER.—The term ‘‘pub-
lic safety officer’’— 
(A) means an employee of a public safety 
agency who is a law enforcement officer, a fire-
fighter, or an emergency medical services per-
sonnel; 
(B) includes an individual who is tempo-
rarily transferred to a supervisory or manage-
ment position; and 
(C) does not include a permanent super-
visory, management, or confidential employee. 
(11) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District of 
Columbia, and any territory or possession of the 
United States. 
(12) 
SUBSTANTIALLY
PROVIDES.—The 
term 
‘‘substantially provides’’, when used with respect to 
the rights and responsibilities described in section 
3404(b), means compliance with each right and re-
sponsibility described in such section. 
(13) SUPERVISORY EMPLOYEE.—The term ‘‘su-
pervisory employee’’ has the meaning given such term 
under applicable State law in effect on the date of en-
actment of this Act. If no such State law is in effect,
the term means an individual, employed by a public 
safety employer, who— 
(A) has the authority in the interest of the 
employer to hire, direct, assign, promote, reward, 
transfer, furlough, lay off, recall, suspend, dis-
cipline, or remove public safety officers, to adjust 
their grievances, or to effectively recommend such 
action, if the exercise of the authority is not 
merely routine or clerical in nature but requires 
the consistent exercise of independent judgment; 
and 
(B) devotes a majority of time at work to 
exercising such authority. 
DETERMINATION OF RIGHTS AND RESPONSIBILITIES 
SEC. 4404. (a) DETERMINATION.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Authority shall 
make a determination as to whether a State substan-
tially provides for the rights and responsibilities de-
scribed in subsection (b). 
(2) CONSIDERATION OF ADDITIONAL OPINIONS.— 
In making the determination described in paragraph 
(1), the Authority shall consider the opinions of af-
fected employers and labor organizations. In the case 
where the Authority is notified by an affected em-
ployer and labor organization that both parties agree
that the law applicable to such employer and labor 
organization substantially provides for the rights and 
responsibilities described in subsection (b), the Au-
thority shall give such agreement weight to the max-
imum extent practicable in making the Authority’s 
determination under this subsection. 
(3) LIMITED CRITERIA.—In making the deter-
mination described in paragraph (1), the Authority 
shall be limited to the application of the criteria de-
scribed in subsection (b) and shall not require any 
additional criteria. 
(4) SUBSEQUENT DETERMINATIONS.— 
(A) IN GENERAL.—A determination made 
pursuant to paragraph (1) shall remain in effect 
unless and until the Authority issues a subse-
quent determination, in accordance with the pro-
cedures set forth in subparagraph (B). 
(B) PROCEDURES FOR SUBSEQUENT DETER-
MINATIONS.—Upon establishing that a material 
change in State law or its interpretation has oc-
curred, an employer or a labor organization may 
submit a written request for a subsequent deter-
mination. If satisfied that a material change in 
State law or its interpretation has occurred, the 
Authority shall issue a subsequent determination
not later than 30 days after receipt of such re-
quest. 
(5) JUDICIAL REVIEW.—Any person or employer 
aggrieved by a determination of the Authority under 
this section may, during the 60-day period beginning 
on the date on which the determination was made, pe-
tition any United States Court of Appeals in the cir-
cuit in which the person or employer resides or trans-
acts business or in the District of Columbia circuit, 
for judicial review. In any judicial review of a deter-
mination by the Authority, the procedures contained 
in subsections (c) and (d) of section 7123 of title 5, 
United States Code, shall be followed. 
(b) RIGHTS AND RESPONSIBILITIES.—In making a de-
termination described in subsection (a), the Authority shall 
consider a State’s law to substantially provide the required 
rights and responsibilities unless such law fails to provide 
rights and responsibilities comparable to or greater than 
the following: 
(1) Granting public safety officers the right to 
form and join a labor organization, which may ex-
clude management employees, supervisory employees, 
and confidential employees, that is, or seeks to be, rec-
ognized as the exclusive bargaining representative of 
such employees.
(2) Requiring public safety employers to recog-
nize the employees’ labor organization (freely chosen 
by a majority of the employees), to agree to bargain 
with the labor organization, and to commit any 
agreements to writing in a contract or memorandum 
of understanding. 
(3) Providing for the right to bargain over hours, 
wages, and terms and conditions of employment. 
(4) Making available an interest impasse resolu-
tion mechanism, such as fact-finding, mediation, ar-
bitration, or comparable procedures. 
(5) Requiring enforcement of all rights, respon-
sibilities, and protections provided by State law and 
enumerated in this section, and of any written con-
tract or memorandum of understanding between a 
labor organization and a public safety employer, 
through— 
(A) a State administrative agency, if the 
State so chooses; and 
(B) at the election of an aggrieved party, 
the State courts. 
(c) COMPLIANCE WITH REQUIREMENTS.—If the Au-
thority determines, acting pursuant to its authority under 
subsection (a), that a State substantially provides rights
and responsibilities described in subsection (b), then this 
chapter shall not preempt State law. 
(d) FAILURE TO MEET REQUIREMENTS.— 
(1) IN GENERAL.—If the Authority determines, 
acting pursuant to its authority under subsection (a), 
that a State does not substantially provide for the 
rights and responsibilities described in subsection (b), 
then such State shall be subject to the regulations and 
procedures described in section 3405 beginning on the 
later of— 
(A) the date that is 2 years after the date 
of enactment of this Act; 
(B) the date that is the last day of the first 
regular session of the legislature of the State that 
begins after the date of the enactment of this Act; 
or 
(C) in the case of a State receiving a subse-
quent determination under subsection (a)(4), the 
date that is the last day of the first regular ses-
sion of the legislature of the State that begins 
after the date the Authority made the determina-
tion. 
(2) PARTIAL FAILURE.—If the Authority makes 
a determination that a State does not substantially 
provide for the rights and responsibilities described in
subsection (b) solely because the State law substan-
tially provides for such rights and responsibilities for 
certain categories of public safety officers covered by 
this chapter but not others, the Authority shall iden-
tify those categories of public safety officers that shall 
be subject to the regulations and procedures described 
in section 4405, pursuant to section 4408(b)(3) and 
beginning on the appropriate date described in para-
graph (1), and those categories of public safety officers 
that shall remain subject to State law. 
ROLE OF FEDERAL LABOR RELATIONS AUTHORITY 
SEC. 4405. (a) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Authority shall 
issue regulations in accordance with the rights and respon-
sibilities described in section 4404(b) establishing collective 
bargaining procedures for employers and public safety offi-
cers in States which the Authority has determined, acting 
pursuant to section 4404(a), do not substantially provide 
for such rights and responsibilities. 
(b) ROLE OF THE FEDERAL LABOR RELATIONS AU-
THORITY.—The Authority, to the extent provided in this 
chapter and in accordance with regulations prescribed by 
the Authority, shall— 
(1) determine the appropriateness of units for 
labor organization representation;
(2) supervise or conduct elections to determine 
whether a labor organization has been selected as an 
exclusive representative by a voting majority of the 
employees in an appropriate unit; 
(3) resolve issues relating to the duty to bargain 
in good faith; 
(4) conduct hearings and resolve complaints of 
unfair labor practices; 
(5) resolve exceptions to the awards of arbitra-
tors; 
(6) protect the right of each employee to form, 
join, or assist any labor organization, or to refrain 
from any such activity, freely and without fear of 
penalty or reprisal, and protect each employee in the 
exercise of such right; and 
(7) take such other actions as are necessary and 
appropriate to effectively administer this chapter, in-
cluding issuing subpoenas requiring the attendance 
and testimony of witnesses and the production of doc-
umentary or other evidence from any place in the 
United States, and administering oaths, taking or or-
dering the taking of depositions, ordering responses to 
written interrogatories, and receiving and examining 
witnesses. 
(c) ENFORCEMENT.—
100 
(1) AUTHORITY TO PETITION COURT.—The Au-
thority may petition any United States Court of Ap-
peals with jurisdiction over the parties, or the United 
States Court of Appeals for the District of Columbia 
Circuit, to enforce any final orders under this section, 
and for appropriate temporary relief or a restraining 
order. Any petition under this section shall be con-
ducted in accordance with subsections (c) and (d) of 
section 7123 of title 5, United States Code. 
(2) PRIVATE RIGHT OF ACTION.—Unless the Au-
thority has filed a petition for enforcement as pro-
vided in paragraph (1), any party has the right to 
file suit in any appropriate district court of the 
United States to enforce compliance with the regula-
tions issued by the Authority pursuant to subsection 
(b), and to enforce compliance with any order issued 
by the Authority pursuant to this section. The right 
provided by this subsection to bring a suit to enforce 
compliance with any order issued by the Authority 
pursuant to this section shall terminate upon the fil-
ing of a petition seeking the same relief by the Au-
thority. 
STRIKES AND LOCKOUTS PROHIBITED 
SEC. 4406. (a) IN GENERAL.—Subject to subsection 
(b), an employer, public safety officer, or labor organization 
may not engage in a lockout, sickout, work slowdown,
101 
strike, or any other organized job action that will measur-
ably disrupt the delivery of emergency services and is de-
signed to compel an employer, public safety officer, or labor 
organization to agree to the terms of a proposed contract. 
(b) NO PREEMPTION.—Nothing in this section shall be 
construed to preempt any law of any State or political sub-
division of any State with respect to strikes by public safety 
officers. 
EXISTING COLLECTIVE BARGAINING UNITS AND 
AGREEMENTS 
SEC. 4407. A certification, recognition, election-held, 
collective bargaining agreement or memorandum of under-
standing which has been issued, approved, or ratified by 
any public employee relations board or commission or by 
any State or political subdivision or its agents (manage-
ment officials) and is in effect on the day before the date 
of enactment of this Act shall not be invalidated by the en-
actment of this Act. 
CONSTRUCTION AND COMPLIANCE 
SEC. 4408. (a) CONSTRUCTION.—Nothing in this chap-
ter shall be construed— 
(1) to preempt or limit the remedies, rights, and 
procedures of any law of any State or political sub-
division of any State that provides greater or com-
parable rights and responsibilities than the rights and 
responsibilities described in section 4404(b);
102 
(2) to prevent a State from enforcing a right-to- 
work law that prohibits employers and labor organi-
zations from negotiating provisions in a labor agree-
ment that require union membership or payment of 
union fees as a condition of employment; 
(3) to preempt or limit any State law in effect 
on the date of enactment of this Act that provides for 
the rights and responsibilities described in section 
4404(b) solely because such State law permits an em-
ployee to appear on the employee’s own behalf with 
respect to the employee’s employment relations with 
the public safety agency involved; 
(4) to preempt or limit any State law in effect 
on the date of enactment of this Act that provides for 
the rights and responsibilities described in section 
4404(b) solely because such State law excludes from 
its coverage employees of a State militia or national 
guard; 
(5) to permit parties in States subject to the reg-
ulations and procedures described in section 4405 to 
negotiate provisions that would prohibit an employee 
from engaging in part-time employment or volunteer 
activities during off-duty hours; 
(6) to prohibit a State from exempting from cov-
erage under this chapter a political subdivision of the
103 
State that has a population of less than 5,000 or that 
employs less than 25 full-time employees; or 
(7) to preempt or limit the laws or ordinances 
of any State or political subdivision of a State that 
provide for the rights and responsibilities described in 
section 4404(b) solely because such law or ordinance 
does not require bargaining with respect to pension, 
retirement, or health benefits. 
For purposes of paragraph (6), the term ‘‘employee’’ in-
cludes each and every individual employed by the political 
subdivision except any individual elected by popular vote 
or appointed to serve on a board or commission. 
(b) COMPLIANCE.— 
(1) ACTIONS OF STATES.—Nothing in this chap-
ter or the regulations promulgated under this chapter 
shall be construed to require a State to rescind or pre-
empt the laws or ordinances of any of the State’s po-
litical subdivisions if such laws provide rights and re-
sponsibilities for public safety officers that are com-
parable to or greater than the rights and responsibil-
ities described in section 4404(b). 
(2) ACTIONS OF THE AUTHORITY.—Nothing in 
this chapter or the regulations promulgated under 
this chapter shall be construed to preempt—
104 
(A) the laws or ordinances of any State or 
political subdivision of a State, if such laws pro-
vide collective bargaining rights for public safety 
officers that are comparable to or greater than 
the rights enumerated in section 4404(b); 
(B) the laws or ordinances of any State or 
political subdivision of a State that provide for 
the rights and responsibilities described in sec-
tion 4404(b) with respect to certain categories of 
public safety officers covered by this Act solely 
because such rights and responsibilities have not 
been extended to other categories of public safety 
officers covered by this chapter; or 
(C) the laws or ordinances of any State or 
political subdivision of a State that provide for 
the rights and responsibilities described in sec-
tion 4404(b), solely because such laws or ordi-
nances provide that a contract or memorandum 
of understanding between a public safety em-
ployer and a labor organization must be pre-
sented to a legislative body as part of the process 
for approving such contract or memorandum of 
understanding. 
(3) LIMITED ENFORCEMENT POWER.—In the case 
of a law described in paragraph (2)(B), the Authority
105 
shall only exercise the powers provided in section 
4405 with respect to those categories of public safety 
officers who have not been afforded the rights and re-
sponsibilities described in section 4404(b). 
(4) EXCLUSIVE ENFORCEMENT PROVISION.—Not-
withstanding any other provision of the chapter, and 
in the absence of a waiver of a State’s sovereign im-
munity, the Authority shall have the exclusive power 
to enforce the provisions of this chapter with respect 
to employees of a State. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 4409. There are authorized to be appropriated 
such sums as may be necessary to carry out the provisions 
of this chapter. 
CHAPTER 5 
PROGRAM INTEGRITY INITIATIVES 
DEPARTMENT OF THE TREASURY 
INTERNAL REVENUE SERVICE 
ENFORCEMENT 
For an additional amount for ‘‘Enforcement’’, 
$245,000,000, to remain available through September 30, 
2011, for additional and enhanced tax enforcement activi-
ties: Provided, That section 3002 shall not apply to the 
amount under this heading.
106 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 
SERVICE OPERATIONS 
For an additional amount for ‘‘State Unemployment 
Insurance 
and 
Employment 
Service 
Operations’’, 
$5,000,000, to be expended from the Employment Security 
Administration Account of the Unemployment Trust Fund 
and remain available through September 30, 2011, to con-
duct in-person reemployment and eligibility assessments 
and unemployment insurance improper payment reviews: 
Provided, That section 3002 shall not apply to the amount 
under this heading. 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT 
For an additional amount for ‘‘Health Care Fraud 
and Abuse Control Account’’, $250,000,000, to remain 
available through September 30, 2012, to be transferred 
from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as 
authorized by section 201(g) of the Social Security Act, of 
which $124,747,000 shall be for Centers for Medicare and 
Medicaid Services Program Integrity Activities, including 
administrative costs, to conduct oversight activities for
107 
Medicare Advantage and the Medicare Prescription Drug 
Program authorized in title XVIII of the Social Security 
Act, for activities listed in section 1893 of such Act, and 
for Medicaid and Children’s Health Insurance Program 
program integrity activities; of which $65,040,000 shall be 
for the Department of Health and Human Services Office 
of Inspector General to carry out fraud and abuse activities 
authorized by section 1817(k)(3) of such Act; and of which 
$60,213,000 shall be for the Department of Justice to carry 
out fraud and abuse activities authorized by section 
1817(k)(3) of such Act: Provided, That section 3002 shall 
not apply to the amounts under this heading. 
RELATED AGENCIES 
SOCIAL SECURITY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For an additional amount for ‘‘Limitation on Admin-
istrative Expenses’’, $38,000,000, to remain available 
through September 30, 2011, for the cost associated with 
conducting continuing disability reviews under titles II and 
XVI of the Social Security Act and for the cost associated 
with conducting redeterminations of eligibility under title 
XVI of the Social Security Act: Provided, That section 3002 
shall not apply to the amount under this heading.
108 
CHAPTER 6 
GENERAL PROVISIONS—THIS TITLE 
SEC. 4601. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network 
unless 
such 
network 
blocks 
the 
viewing, 
downloading, and exchanging of pornography. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency, or other entity, to carry out criminal 
investigation, prosecution, or adjudication activities. 
SEC. 4602. (a) STATUTORY PAYGO.—The budgetary ef-
fects of this Act, for the purpose of complying with the Stat-
utory 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 pas-
sage in the House acting first on this conference report or 
amendment between the Houses. 
(b) EXCLUSION FROM PAYGO.— 
(1) Savings in this Act that would be subject to 
inclusion in the Statutory Pay-As-You-Go scorecards 
are providing an offset to increased discretionary 
spending. As such, they should not be available on the
109 
scorecards maintained by the Office of Management 
and Budget to provide offsets for future legislation. 
(2) The Director of the Office of Management 
and Budget shall not include any net savings result-
ing from the changes in direct spending or revenues 
contained in this Act on the scorecards required to be 
maintained by OMB under the Statutory Pay-As- 
You-Go Act of 2010. 
TITLE V—OTHER PROVISIONS 
Subtitle A—Settlements and Other 
Program Provisions 
SEC. 5001. APPROPRIATION OF FUNDS FOR FINAL 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 
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
110 
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-
able by section 14012(i) of the Food, Conservation, and En-
ergy Act of 2008 shall be the sole funding available for 
Pigford claims.
111 
(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)— 
(A) by striking ‘‘subsection (h)’’ and insert-
ing ‘‘subsection (g)’’; and
112 
(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. 5002. 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 employment for youth: Pro-
vided, That no portion of such funds shall be reserved to 
carry out section 127(b)(1)(A) of the WIA: Provided further, 
That for purposes of section 127(b)(1)(C)(iv) of the WIA,
113 
funds available for youth activities shall be allotted as if 
the total amount available for youth activities in the fiscal 
year does not exceed $1,000,000,000: Provided further, That 
with respect to the youth activities provided with such 
funds, section 101(13)(A) of the WIA shall be applied by 
substituting ‘‘age 24’’ for ‘‘age 21’’: Provided further, That 
the work readiness performance indicator described in sec-
tion 136(b)(2)(A)(ii)(I) of the WIA shall be the only meas-
ure of performance used to assess the effectiveness of employ-
ment for youth provided with such funds: Provided further, 
That an amount that is not more than 1 percent of such 
amount may be used for the administration, management, 
and oversight of the programs, activities, and grants carried 
out with such funds, including the evaluation of the use of 
such funds: Provided further, That funds available under 
the preceding proviso, together with funds described in sec-
tion 801(a) of division A of the American Recovery and 
reinvestment Act of 2009 (Public Law 111–5), and funds 
provided in such Act under the heading ‘‘Department of 
Labor–Departmental 
Management–Salaries 
and 
Ex-
penses’’, shall remain available for obligation through Sep-
tember 30, 2011.
114 
SEC. 5003. 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. 
(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
115 
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. 
(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
116 
Class shall be treated as a class under Federal 
Rule of Civil Procedure 23(b)(3) for purposes of 
the Settlement. 
(f) TRUST LAND CONSOLIDATION.— 
(1) TRUST LAND CONSOLIDATION FUND.— 
(A) ESTABLISHMENT.—On final approval 
(as defined in the Settlement) of the Settlement, 
there shall be established in the Treasury of the 
United States a fund, to be known as the ‘‘Trust 
Land Consolidation Fund’’. 
(B) AVAILABILITY OF AMOUNTS.—Amounts 
in the Trust Land Consolidation Fund shall be 
made available to the Secretary during the 10- 
year period beginning on the date of final 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-