In the House of Representatives, U. S., 
July 1, 2010. 
Resolved, That the House agree to the amendment of the 
Senate to the title of the bill (H.R. 4899) entitled ‘‘An Act 
making supplemental appropriations for the fiscal year end-
ing September 30, 2010, and for other purposes.’’ and be it 
further 
Resolved, That the House agree to the amendment of the 
Senate to the text of the aforesaid bill, with the following 
HOUSE AMENDMENT TO SENATE AMENDMENT: 
In the matter proposed to be inserted by the amend-
ment of the Senate to the text of the bill, on page 90, 
after line 18, insert the following: 
TITLE IV 
CHAPTER 1 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
Subject to section 502 of the Congressional Budget Act 
of 1974, commitments to guarantee loans under title XVII 
of the Energy Policy Act of 2005, shall not exceed a total 
principal amount of $18,000,000,000 for eligible projects, 
to 
remain 
available 
until 
committed, 
of 
which
$9,000,000,000 shall be for nuclear power facilities and 
$9,000,000,000 shall be for renewable energy system and ef-
ficient end-use energy technology projects: Provided, That 
these amounts are in addition to authorities provided in 
any other Act: Provided further, That for amounts collected 
pursuant to section 1702(b)(2) of the Energy Policy Act of 
2005, the source of such payment received from borrowers 
is not a loan or other debt obligation that is guaranteed 
by the Federal Government: Provided further, That none 
of the loan guarantee authority made available in this 
paragraph shall be available for commitments to guarantee 
loans for any projects where funds, personnel, or property 
(tangible or intangible) of any Federal agency, instrumen-
tality, personnel, or affiliated entity are expected to be used 
(directly or indirectly) through acquisitions, contracts, 
demonstrations, exchanges, grants, incentives, leases, pro-
curements, sales, other transaction authority, or other ar-
rangements, to support the project or to obtain goods or 
services from the project: Provided further, That the pre-
vious proviso shall not be interpreted as precluding the use 
of the loan guarantee authority in this paragraph for com-
mitments to guarantee loans for projects as a result of such 
projects benefitting from (1) otherwise allowable Federal in-
come tax benefits; (2) being located on Federal land pursu-
ant to a lease or right-of-way agreement for which all con-
sideration for all uses is (A) paid exclusively in cash, (B) 
deposited in the Treasury as offsetting receipts, and (C) 
equal to the fair market value as determined by the head 
of the relevant Federal agency; (3) Federal insurance pro-
grams, including under section 170 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210; commonly known as the 
‘‘Price-Anderson Act’’); or (4) for electric generation 
projects, use of transmission facilities owned or operated by 
a Federal Power Marketing Administration or the Ten-
nessee Valley Authority that have been authorized, ap-
proved, and financed independent of the project receiving 
the guarantee: Provided further, That none of the loan guar-
antee authority made available in this paragraph shall be 
available for any project unless the Director of the Office 
of Management and Budget has certified in advance in 
writing that the loan guarantee and the project comply with 
the provisions under this paragraph: Provided further, That 
none of the loan guarantee authority made available in this 
paragraph may be used to make a final or conditional loan 
guarantee award unless the Secretary of Energy provides 
notification of the award, including the proposed subsidy 
cost, to the Committees on Appropriations of the Senate and 
the House of Representatives at least 3 full business days 
in advance of such award: Provided further, That section 
3002 shall not apply to the amounts under this heading.
DEPARTMENTAL ADMINISTRATION 
For necessary expenses of the National Commission on 
the BP Deepwater Horizon Oil Spill and Offshore Drilling 
established by, and in order to carry out activities under, 
Executive Order 13543, $12,000,000, to remain available 
until September 30, 2011: Provided, That funds appro-
priated in this paragraph may be used to reimburse obliga-
tions incurred for the purposes provided herein prior to en-
actment of this Act. 
DEPARTMENT OF HOMELAND SECURITY 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $356,900,000, to remain available until September 
30, 2012, of which $78,000,000 shall be for costs to main-
tain U.S. Customs and Border Protection Officer staffing 
on the Southwest Border of the United States, $58,000,000 
shall be for hiring additional U.S. Customs and Border 
Protection Officers for deployment at ports of entry on the 
Southwest Border of the United States, $208,400,000 shall 
be for hiring additional Border Patrol agents for deploy-
ment to the Southwest Border of the United States, 
$2,500,000 shall be for forward operating bases on the 
Southwest Border of the United States, and $10,000,000
shall be to support integrity and background investigation 
programs. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND 
TECHNOLOGY 
For an additional amount for ‘‘Border Security Fenc-
ing, Infrastructure, and Technology,’’ $14,000,000, to re-
main available until September 30, 2011, for costs of de-
signing, building, and deploying tactical communications 
for support of enforcement activities on the Southwest Bor-
der of the United States. 
AIR AND MARINE INTERDICTION, OPERATIONS, 
MAINTENANCE, AND PROCUREMENT 
For an additional amount for ‘‘Air and Marine Inter-
diction, Operations, Maintenance, and Procurement’’, 
$32,000,000, to remain available until September 30, 2012, 
for costs of acquisition and deployment of unmanned air-
craft systems. 
CONSTRUCTION AND FACILITIES MANAGEMENT 
For an additional amount for ‘‘Construction and Fa-
cilities Management’’, $9,000,000, to remain available until 
September 30, 2011, for costs to construct up to three for-
ward operating bases for use by the Border Patrol to carry 
out enforcement activities on the Southwest Border of the 
United States.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For an additional amount for ‘Salaries and Expenses’, 
$30,000,000, to remain available until September 30, 2011, 
for law enforcement activities targeted at reducing the 
threat of violence along the Southwest Border of the United 
States. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
STATE AND LOCAL PROGRAMS 
For an additional amount for ‘‘State and Local Pro-
grams’’, $50,000,000 to remain available until September 
30, 2011, for Operation Stonegarden. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $8,100,000, to remain available until September 
30, 2011, for costs to provide basic training for new U.S. 
Customs and Border Protection Officers and Border Patrol 
agents. 
DEPARTMENT OF EDUCATION 
EDUCATION JOBS FUND 
For necessary expenses for an Education Jobs Fund, 
$10,000,000,000: Provided, That section 3002 shall not 
apply to $1,300,000,000 of the amount under this heading: 
Provided further, That the amount under this heading shall
be administered under the terms and conditions of sections 
14001 through 14013 and title XV of division A of the 
American Recovery and Reinvestment Act of 2009 (Public 
Law 111–5) except as follows: 
(1) ALLOCATION OF FUNDS.— 
(A) Funds appropriated under this heading 
shall be available only for allocation by the Sec-
retary of Education (in this heading referred to 
as the ‘‘Secretary’’) in accordance with sub-
sections (a), (b), (d), (e), and (f) of section 14001 
of division A of Public Law 111–5 and subpara-
graph (B) of this paragraph, except that the 
amount reserved under such subsection (b) shall 
not exceed $1,000,000 and such subsection (f) 
shall be applied by substituting ‘‘one year’’ for 
‘‘two years’’. 
(B) Prior to allocating funds to States 
under section 14001(d) of division A of Public 
Law 111–5, the Secretary shall allocate 0.5 per-
cent to the Secretary of the Interior for schools 
operated or funded by the Bureau of Indian Af-
fairs on the basis of the schools’ respective needs 
for activities consistent with this heading under 
such terms and conditions as the Secretary of the 
Interior may determine.
(2) RESERVATION.—A State that receives an al-
location of funds appropriated under this heading 
may reserve not more than 2 percent for the adminis-
trative costs of carrying out its responsibilities with 
respect to those funds. 
(3) AWARDS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.— 
(A) Except as specified in paragraph (2), 
an allocation of funds to a State shall be used 
only for awards to local educational agencies for 
the support of elementary and secondary edu-
cation in accordance with paragraph (5) for the 
2010–2011 school year (or, in the case of re-
allocations made under section 14001(f) of divi-
sion A of Public Law 111–5, for the 2010–2011 
or the 2011–2012 school year). 
(B) Funds used to support elementary and 
secondary education shall be distributed through 
a State’s primary elementary and secondary 
funding formulae or based on local educational 
agencies’ relative shares of funds under part A of 
title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311 et seq.) for 
the most recent fiscal year for which data are 
available.
(C) Subsections (a) and (b) of section 14002 
of division A of Public Law 111–5 shall not 
apply to funds appropriated under this heading. 
(4) COMPLIANCE WITH EDUCATION REFORM AS-
SURANCES.—For purposes of awarding funds appro-
priated under this heading, any State that has an ap-
proved application for Phase II of the State Fiscal 
Stabilization Fund that was submitted in accordance 
with the application notice published in the Federal 
Register on November 17, 2009 (74 Fed. Reg. 59142) 
shall be deemed to be in compliance with subsection 
(b) and paragraphs (2) through (5) of subsection (d) 
of section 14005 of division A of Public Law 111–5. 
(5) REQUIREMENT TO USE FUNDS TO RETAIN OR 
CREATE EDUCATION JOBS.—Notwithstanding section 
14003(a) of division A of Public Law 111–5, funds 
awarded to local educational agencies under para-
graph (3)— 
(A) may be used only for compensation and 
benefits and other expenses, such as support serv-
ices, necessary to retain existing employees, to 
recall or rehire former employees, and to hire 
new employees, in order to provide early child-
hood, elementary, or secondary educational and 
related services; and
(B) may not be used for ‘‘general adminis-
trative expenses’’ or for ‘‘other support services 
expenditures’’ as those terms were defined by the 
National Center for Education Statistics in its 
Common Core of Data as of the date of enact-
ment of this Act. 
(6) PROHIBITION ON USE OF FUNDS FOR RAINY- 
DAY FUNDS OR DEBT RETIREMENT.—A State that re-
ceives an allocation may not use such funds, directly 
or indirectly, to— 
(A) establish, restore, or supplement a 
rainy-day fund; 
(B) supplant State funds in a manner that 
has the effect of establishing, restoring, or 
supplementing a rainy-day fund; 
(C) reduce or retire debt obligations in-
curred by the State; or 
(D) supplant State funds in a manner that 
has the effect of reducing or retiring debt obliga-
tions incurred by the State. 
(7) DEADLINE FOR AWARD.—The Secretary shall 
award funds appropriated under this heading not 
later than 45 days after the date of the enactment of 
this Act to States that have submitted applications 
meeting the requirements applicable to funds under
this heading. The Secretary shall not require informa-
tion in applications beyond what is necessary to de-
termine compliance with applicable provisions of law. 
(8) ALTERNATE DISTRIBUTION OF FUNDS.—If, 
within 30 days after the date of the enactment of this 
Act, a Governor has not submitted an approvable ap-
plication, the Secretary shall provide for funds allo-
cated to that State to be distributed to another entity 
or other entities in the State (notwithstanding section 
14001(e) of division A of Public Law 111–5) for sup-
port of elementary and secondary education, under 
such terms and conditions as the Secretary may es-
tablish, provided that all terms and conditions that 
apply to funds appropriated under this heading shall 
apply to such funds distributed to such entity or enti-
ties. No distribution shall be made to a State under 
this paragraph, however, unless the Secretary has de-
termined (on the basis of such information as may be 
available) that the requirements of clauses (i), (ii), or 
(iii) of paragraph 10(A) are likely to be met, notwith-
standing the lack of an application from the Governor 
of that State. 
(9) LOCAL
EDUCATIONAL
AGENCY
APPLICA-
TION.—Section 442 of the General Education Provi-
sions Act shall not apply to a local educational agen-
cy that has previously submitted an application to 
the State under title XIV of division A of Public Law 
111–5. The assurances provided under that applica-
tion shall continue to apply to funds awarded under 
this heading. 
(10) MAINTENANCE OF EFFORT.— 
(A) Except as provided in paragraph (8), 
the Secretary shall not allocate funds to a State 
under paragraph (1) unless the Governor of the 
State provides an assurance to the Secretary 
that— 
(i) for State fiscal year 2011, the State 
will maintain State support for elementary 
and secondary education (in the aggregate 
or on the basis of expenditures per pupil) 
and for public institutions of higher edu-
cation (not including support for capital 
projects or for research and development or 
tuition and fees paid by students) at not 
less than the level of such support for each 
of the two categories, respectively, for State 
fiscal year 2009; 
(ii) for State fiscal year 2011, the 
State will maintain State support for ele-
mentary and secondary education and for
public institutions of higher education (not 
including support for capital projects or for 
research and development or tuition and 
fees paid by students) at a percentage of the 
total revenues available to the State that is 
equal to or greater than the percentage pro-
vided for each of the two categories, respec-
tively, for State fiscal year 2010; or 
(iii) in the case of a State in which 
State tax collections for calendar year 2009 
were less than State tax collections for cal-
endar year 2006, for State fiscal year 2011 
the State will maintain State support for 
elementary and secondary education (in the 
aggregate) and for public institutions of 
higher education (not including support for 
capital projects or for research and develop-
ment or tuition and fees paid by stu-
dents)— 
(I) at not less than the level of 
such support for each of the two cat-
egories, respectively, for State fiscal 
year 2006; or 
(II) at a percentage of the total 
revenues available to the State that is
equal to or greater than the percentage 
provided for each of the two categories, 
respectively, for State fiscal year 2006. 
(B) Section 14005(d)(1) and subsections (a) 
through (c) of section 14012 of division A of 
Public Law 111–5 shall not apply to funds ap-
propriated under this heading. 
(11) ADDITIONAL
REQUIREMENTS
FOR
THE 
STATE OF TEXAS.—The following requirements shall 
apply to the State of Texas: 
(A) Notwithstanding paragraph (3)(B), 
funds used to support elementary and secondary 
education shall be distributed based on local edu-
cational agencies’ relative shares of funds under 
part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311 
et seq.) for the most recent fiscal year which data 
are available. Funds distributed pursuant to this 
paragraph shall be used to supplement and not 
supplant State formula funding that is distrib-
uted on a similar basis to part A of title I of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311 et seq.). 
(B) The Secretary shall not allocate funds 
to the State of Texas under paragraph (1) unless
the Governor of the State provides an assurance 
to the Secretary that the State will for fiscal 
years 2011, 2012, and 2013 maintain State sup-
port for elementary and secondary education at 
a percentage of the total revenues available to the 
State that is equal to or greater than the per-
centage provided for such purpose for fiscal year 
2011 prior to the enactment of this Act. 
(C) Notwithstanding paragraph (8), no dis-
tribution shall be made to the State of Texas or 
local education agencies therein unless the Gov-
ernor of Texas makes an assurance to the Sec-
retary that the requirements in paragraphs 
(11)(A) and (11)(B) will be met, notwith-
standing the lack of an application from the 
Governor of Texas. 
STUDENT FINANCIAL ASSISTANCE 
For an additional amount for ‘‘Student Financial As-
sistance’’, $4,950,000,000, to remain available through Sep-
tember 30, 2011, to carry out subpart 1 of part A of title 
IV of the Higher Education Act of 1965: Provided, That 
section 3002 shall not apply to the amount under this head-
ing.
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, 
Army’’, $16,500,000, to remain available until September 
30, 2011, for a soldier readiness processing center: Provided, 
That notwithstanding any other provision of law, such 
funds may be obligated and expended to carry out planning 
and design and military construction projects not otherwise 
authorized by law: Provided further, That section 3002 shall 
not apply to the amount under this heading. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 4101. For an additional amount for the emer-
gency food assistance program as authorized by section 
27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2036(a)) and section 204(a)(1) of the Emergency Food As-
sistance Act of 1983 (7 U.S.C. 7508(a)(1)), $50,000,000: 
Provided, That section 3002 shall not apply to the amount 
in this section. 
(RESCISSION) 
SEC. 4102. There is rescinded from accounts under the 
heading ‘‘Department of Agriculture—Natural Resources 
Conservation Service’’, $69,900,000, to be derived from the 
unobligated balances of funds that were provided for such 
accounts in prior appropriation Acts (other than Public 
Law 111–5) and that were designated by the Congress in 
such Acts as an emergency requirement pursuant to a con-
(RESCISSION) 
SEC. 4106. Of the unobligated balances available for 
‘‘Department of Agriculture—Food and Nutrition Serv-
ice—Special Supplemental Nutrition Program for Women, 
Infants, and Children (WIC)’’ as authorized by section 17 
of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
$125,000,000 is rescinded: Provided, That section 3002 
shall not apply to the amount in this section. 
(RESCISSION) 
SEC. 4107. Of the funds appropriated under the head-
ing ‘‘Department of Commerce—National Institute of 
Standards and Technology—Construction of Research Fa-
cilities’’ in title II of division A of Public Law 111–5 (123 
Stat. 129) $15,000,000 is rescinded. 
(RESCISSION) 
SEC. 4108. Of the funds made available for ‘‘Depart-
ment of Commerce—National Telecommunications and In-
formation Administration—Broadband Technology Oppor-
tunities Program’’ in title II of division A of Public Law 
111–5, $302,000,000 is rescinded. 
SEC. 4109. For an additional amount for the Depart-
ment of Justice for necessary expenses for increased law en-
forcement activities related to Southwest border enforce-
ment, $201,000,000, to remain available until September 
30, 2011: Provided, That funds shall be distributed to the 
following accounts and in the following specified amounts:
(1) ‘‘Administrative Review and Appeals’’, 
$2,118,000; 
(2) ‘‘Detention Trustee’’, $7,000,000; 
(3) ‘‘Legal Activities, Salaries and Expenses, 
General Legal Activities’’, $3,862,000; 
(4) ‘‘Legal Activities, Salaries and Expenses, 
United States Attorneys’’, $9,198,000; 
(5) ‘‘United States Marshals Service, Salaries 
and Expenses’’, $29,651,000; 
(6) ‘‘United States Marshals Service, Construc-
tion’’, $8,000,000; 
(7) ‘‘Interagency Law Enforcement, Interagency 
Crime and Drug Enforcement’’, $21,000,000; 
(8) ‘‘Federal Bureau of Investigation, Salaries 
and Expenses’’, $25,262,000; 
(9) ‘‘Drug Enforcement Administration, Salaries 
and Expenses’’, $35,805,000; 
(10) ‘‘Bureau of Alcohol, Tobacco, Firearms and 
Explosives, Salaries and Expenses’’, $39,104,000; and 
(11) ‘‘Federal Prison System, Salaries and Ex-
penses’’, $20,000,000. 
SEC. 4110. Section 8005 of the Department of Defense 
Appropriations Act, 2010 (division A of Public Law 111– 
118) is amended by striking the dollar amount specified 
in such section and inserting ‘‘$6,000,000,000’’: Provided,
That section 3002 shall not apply to the amount in this 
section: Provided further, That the amendment made by this 
section shall apply in lieu of any amendment made by an-
other provision of this Act to such dollar amount. 
SEC. 4111. With respect to the multiyear procurement 
of F/A–18E, F/A–18F, and EA–18G aircraft—
(1) section 8011 of division A of Public Law 
111–118 is amended by striking ‘‘within 30 days of 
enactment of this Act’’ and inserting ‘‘30 days prior 
to contract award’’; 
(2) the term ‘‘March 1 of the year in which the 
Secretary requests legislative authority to enter into 
such contract,’’ in section 2306b(i)(1) of title 10, 
United States Code, and section 128(a)(2) of Public 
Law 111–84, shall be deemed to be a reference to Sep-
tember 1, 2010; 
(3) the Secretary of Defense may submit the re-
port identified in section 2306b(l)(4) of title 10, 
United States Code, to the congressional defense com-
mittees on or before September 1, 2010; and 
(4) the authority provided in section 8011 of 
Public Law 111–118 and section 128(a) of Public 
Law 111–84, as amended by this section, shall sat-
isfy, with respect to the procurement of F/A–18E, F/ 
A–18F, and EA–18G aircraft, the requirements of
sections 2306b(i)(3) and 2306b(l)(3) of title 10, 
United States Code, that a multiyear contract be au-
thorized by law in an appropriations Act and an Act 
other than an appropriations Act. 
SEC. 4112. For all major defense acquisition programs 
for which the Department of Defense plans to proceed to 
source selection during the current fiscal year and fiscal 
year 2011, the Secretary of Defense shall perform an assess-
ment of such programs and the proposals of all bidders to 
determine whether or not the costs are realistic and reason-
able with respect to expected industry development and pro-
duction costs: Provided, That the assessments shall address 
whether the programs and proposals of all bidders are at 
fair market value: Provided further, That the Secretary of 
Defense shall provide an assessment of the programs and 
proposals of all bidders to determine the number of jobs, 
including an estimate of development and direct manufac-
turing jobs, supported or lost in the United States of Amer-
ica: Provided further, That jobs supported or lost shall be 
measured as full time equivalent personnel: Provided fur-
ther, That the Secretary of Defense shall provide a report, 
in consultation with the Secretary of Labor, containing the 
results of these assessments to the congressional defense com-
mittees not later than 60 days after enactment of this Act 
and on a quarterly basis thereafter.
(INCLUDING RESCISSION) 
SEC. 4113. (a) In addition to the amounts provided 
elsewhere in this Act, there is appropriated $300,000,000 
for an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to remain available until expended. Such 
funds may be available for the Office of Economic Adjust-
ment, notwithstanding any other provision of law, for 
transportation infrastructure improvements associated with 
medical facilities related to recommendations of the Defense 
Base Closure and Realignment Commission. 
(b) Of the funds appropriated for ‘‘Defense Health Pro-
gram’’ in title VI of division A of Public Law 111–118, 
$300,000,000 is rescinded, to be derived from amounts for 
operation and maintenance. 
(c) Section 3002 shall not apply to the amounts in 
this section. 
(RESCISSION) 
SEC. 4114. (a) Of the funds appropriated in Depart-
ment of Defense Appropriations Acts, the following funds 
are rescinded from the following accounts in the specified 
amounts: 
‘‘Shipbuilding and Conversion, Navy, 2006/ 
2010’’, $107,000,000; 
‘‘Aircraft 
Procurement, 
Army, 
2008/2010’’, 
$21,000,000;
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2008/2010’’, $21,000,000; 
‘‘Procurement of Ammunition, Army, 2008/ 
2010’’, $17,000,000; 
‘‘Other 
Procurement, 
Army, 
2008/2010’’, 
$75,000,000; 
‘‘Aircraft 
Procurement, 
Navy, 
2008/2010’’, 
$166,000,000; 
‘‘Weapons 
Procurement, 
Navy, 
2008/2010’’, 
$26,000,000; 
‘‘Other 
Procurement, 
Navy, 
2008/2010’’, 
$42,000,000; 
‘‘Procurement, 
Marine 
Corps, 
2008/2010’’, 
$13,000,000; 
‘‘Aircraft Procurement, Air Force, 2008/2010’’, 
$102,000,000; 
‘‘Missile Procurement, Air Force, 2008/2010’’, 
$28,000,000; 
‘‘Procurement of Ammunition, Air Force, 2008/ 
2010’’, $7,000,000; 
‘‘Other Procurement, Air Force, 2008/2010’’, 
$130,000,000; 
‘‘Procurement, 
Defense-Wide, 
2008/2010’’, 
$33,000,000;
‘‘Research, Development, Test and Evaluation, 
Army, 2009/2010’’, $76,000,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2009/2010’’, $131,000,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2009/2010’’, $164,000,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2009/2010’’, $137,000,000; 
‘‘Operation, Test and Evaluation, Defense, 2009/ 
2010’’, $1,000,000; 
‘‘Operation and Maintenance, Army, 2010’’, 
$154,000,000; 
‘‘Operation and Maintenance, Navy, 2010’’, 
$155,000,000; 
‘‘Operation and Maintenance, Marine Corps, 
2010’’, $25,000,000; 
‘‘Operation and Maintenance, Air Force, 2010’’, 
$155,000,000; 
‘‘Operation and Maintenance, Defense-Wide, 
2010’’, $126,000,000; 
‘‘Operation and Maintenance, Army Reserve, 
2010’’, $12,000,000; 
‘‘Operation and Maintenance, Navy Reserve, 
2010’’, $6,000,000;
‘‘Operation and Maintenance, Marine Corps Re-
serve, 2010’’, $1,000,000; 
‘‘Operation and Maintenance, Air Force Reserve, 
2010’’, $14,000,000; 
‘‘Operation and Maintenance, Army National 
Guard, 2010’’, $28,000,000; and 
‘‘Operation and Maintenance, Air National 
Guard, 2010’’, $27,000,000. 
(b) Section 3002 shall not apply to amounts in this 
section. 
(RESCISSIONS) 
SEC. 4115. (a) Of the funds appropriated in the Amer-
ican Recovery and Reinvestment Act of 2009 (Public Law 
111–5), the following funds are rescinded from the following 
accounts in the specified amounts: 
‘‘Operation and Maintenance, Army, 2009/ 
2010’’, $113,500,000; 
‘‘Operation and Maintenance, Navy, 2009/2010’’, 
$34,000,000; 
‘‘Operation and Maintenance, Marine Corps, 
2009/2010’’, $7,000,000; 
‘‘Operation and Maintenance, Air Force, 2009/ 
2010’’, $61,000,000; 
‘‘Operation and Maintenance, Army Reserve, 
2009/2010’’, $3,500,000;
‘‘Operation and Maintenance, Navy Reserve, 
2009/2010’’, $8,000,000; 
‘‘Operation and Maintenance, Marine Corps Re-
serve, 2009/2010’’, $1,000,000; 
‘‘Operation and Maintenance, Air Force Reserve, 
2009/2010’’, $2,000,000; 
‘‘Operation and Maintenance, Army National 
Guard, 2009/2010’’, $1,000,000; 
‘‘Operation and Maintenance, Air National 
Guard, 2009/2010’’, $2,500,000; and 
‘‘Defense 
Health 
Program, 
2009/2010’’, 
$27,000,000. 
(b) Of the funds appropriated in the Supplemental Ap-
propriations Act, 2008 (Public Law 110–252), the following 
funds are rescinded from the following account in the speci-
fied amount: 
‘‘Procurement, 
Marine 
Corps, 
2008/2010’’, 
$177,180,000. 
(INCLUDING TRANSFER OF FUNDS AND RESCISSIONS) 
SEC. 4116. (a) In addition to amounts provided else-
where in this Act, there is appropriated $163,000,000 for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to remain available until expended: Pro-
vided, That such funds shall only be available to the Sec-
retary of Defense, acting through the Office of Economic Ad-
justment of the Department of Defense, or for transfer to 
the Secretary of Education, notwithstanding any other pro-
vision of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, ren-
ovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capac-
ity or facility condition deficiencies at such schools: Pro-
vided further, That in making such funds available, the Of-
fice of Economic Adjustment or the Secretary of Education 
shall give priority consideration to those military installa-
tions with schools having the most serious capacity or facil-
ity condition deficiencies as determined by the Secretary 
of Defense. 
(b)(1) Of the funds appropriated for ‘‘Procurement of 
Weapons and Tracked Combat Vehicles, Army’’ in title III 
of division A of public Law 111–118, $116,000,000 is re-
scinded. 
(2) Of the funds appropriated under the heading ‘‘Op-
eration and Maintenance, Army’’ in title II of division A 
of Public Law 111–118, $100,000,000 is rescinded. 
(3) Of the funds appropriated for ‘‘Other Procurement, 
Army’’ in title III of division C of Public Law 110–329, 
$87,000,000 is rescinded. 
(c) Section 3002 shall not apply to amounts in this 
section.
SEC. 4117. (a) SPECIFIC APPROPRIATION OR CON-
TRIBUTION.—Section 1702 of the Energy Policy Act of 2005 
(42 U.S.C. 16512) is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 
‘‘(1) IN GENERAL.—No guarantee shall be made 
unless— 
‘‘(A) an appropriation for the cost of the 
guarantee has been made; 
‘‘(B) the Secretary has received from the 
borrower a payment in full for the cost of the 
guarantee and deposited the payment into the 
Treasury; or 
‘‘(C) a combination of one or more appro-
priations under subparagraph (A) and one or 
more payments from the borrower under sub-
paragraph (B) has been made that is sufficient 
to cover the cost of the guarantee. 
‘‘(2) LIMITATION.—The source of payments re-
ceived from a borrower under paragraph (1)(B) or 
(C) shall not be a loan or other debt obligation that 
is made or guaranteed by the Federal Government.’’; 
and 
(2) by adding at the end the following:
‘‘(l) CREDIT REPORT.—If, in the opinion of the Sec-
retary, a third-party credit rating of the applicant or 
project is not necessary for the Secretary to begin review 
of an application, the project costs are not projected to ex-
ceed $100,000,000, and the applicant agrees to accept the 
credit rating assigned to the applicant by the Secretary, 
the Secretary may waive an otherwise applicable require-
ment (including any requirement described in part 609 of 
title 10, Code of Federal Regulations) to provide a third- 
party credit report with an application, provided that the 
Secretary requires a third party credit report prior to 
issuance of a conditional commitment for a guarantee. 
‘‘(m) MULTIPLE SITES.—Notwithstanding any con-
trary requirement (including any provision under part 609 
of title 10, Code of Federal Regulations) an eligible project 
may be located on two or more non-contiguous sites in the 
United States.’’. 
(b) 
APPLICATIONS
FOR
MULTIPLE
ELIGIBLE 
PROJECTS.—Section 1705 of the Energy Policy Act of 2005 
(42 U.S.C. 16516) is amended— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(e) MULTIPLE APPLICATIONS.—Notwithstanding any 
contrary requirement (including any provision under part 
609.3(a) of title 10, Code of Federal Regulations), a project 
applicant or sponsor of an eligible project may submit an 
application for more than one eligible project under this 
section.’’. 
(c) ENERGY EFFICIENCY LOAN GUARANTEES.—Sec-
tion 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16516(a)) is amended by adding at the end the following: 
‘‘(4) Efficient end-use energy technologies. 
‘‘(5) Combined heat and power or industrial 
waste energy recovery projects.’’. 
(d) ADMINISTRATIVE COSTS.—Section 136 of the En-
ergy Independence and Security Act of 2007 (42 U.S.C. 
17013) is amended by striking subsection (f) and inserting 
the following: 
‘‘(f) FEES.—The Secretary is authorized to 
charge and collect fees from applicants for or recipi-
ents of an award or loan to cover administrative 
costs. For any given loan or award, such fees shall 
not exceed $100,000 or 10 basis points of the loan or 
award. In addition to the foregoing fees, the Secretary 
may require applicants for and recipients of an 
award or loan under this section to pay directly, or 
through the payment of fees to be used by the Sec-
SEC. 4123. (a) The Administrator of General Services, 
not later than 90 days after the date of enactment of this 
Act, shall prepare and submit to the Congress a building 
project survey report related to a consolidated headquarters 
for the Federal Bureau of Investigation in the Washington 
metropolitan region (as defined in section 8301 of title 40, 
United States Code). 
(b) The building project survey report shall be pre-
pared by the Administrator of General Services in consulta-
tion with the Director of the Federal Bureau of Investiga-
tion, and each strategy described in the report shall contain, 
at a minimum, an estimated cost, a financing and develop-
ment plan, a budgetary and financial impact analysis, a 
procurement and implementation plan, an analysis of secu-
rity and information technology issues specific to the Fed-
eral Bureau of Investigation, and a schedule. 
(c) The building project survey report shall identify 
a preferred strategy. 
(RESCISSION) 
SEC. 4124. There are permanently rescinded from 
‘‘General Services Administration—Real Property Activi-
ties—Federal Building Fund’’, $75,000,000 from Rental of 
Space and $25,000,000 from Building Operations, to be de-
rived from unobligated balances that were provided in pre-
vious appropriations Acts: Provided, That section 3002 
shall not apply to the amount in this section.
(INCLUDING TRANSFER OF FUNDS) 
SEC. 4125. (a) The Secretary of Homeland Security 
may transfer to the Secretary of the Interior amounts avail-
able for environmental mitigation requirements for ‘‘U.S. 
Customs and Border Protection—Border Security Fencing, 
Infrastructure, and Technology’’ for fiscal year 2009 or 
thereafter, for use by the Secretary of the Interior under 
laws administered by such Secretary to mitigate adverse en-
vironmental impacts, including impact on species listed 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) resulting from construction, operation, and mainte-
nance activities related to border security. 
(b) Uses of funds authorized by this section include ac-
quisition of land or interests in land that will, in the judg-
ment of the Secretary of the Interior, mitigate or off-set such 
adverse impacts. 
(c) Any funds transferred under this section shall be 
used in accordance with an agreement between the Secre-
taries. 
(d) Not later than September 30, 2010, and on an an-
nual basis thereafter, the Secretary of the Interior shall sub-
mit to the Committees on Appropriations of the Senate and 
the House of Representatives a report that describes in de-
tail the actions taken in the preceding year with amounts 
transferred under this section.
(RESCISSION) 
SEC. 4126. From unobligated balances of prior year 
appropriations made available for ‘‘Transportation Secu-
rity Administration—Aviation Security’’ in chapter 5 of 
title III of Public Law 110–28, $6,600,000 is rescinded. 
(RESCISSION) 
SEC. 4127. From unobligated balances of prior year 
appropriations made available for ‘‘United States Coast 
Guard—Acquisition, Construction, and Improvements’’ in 
chapter 4 of title I of division B of Public Law 109–148, 
$3,000,000 is rescinded. 
(RESCISSION) 
SEC. 4128. From unobligated balances of prior year 
appropriations made available for ‘‘United States Coast 
Guard—Acquisition, Construction, and Improvements’’ in 
chapter 4 of title II of Public Law 109–234, $4,000,000 is 
rescinded. 
(RESCISSION) 
SEC. 4129. From unobligated balances of prior year 
appropriations made available for ‘‘Federal Emergency 
Management Agency—Administrative and Regional Oper-
ations’’ in chapter 4 of title II of Public Law 109–234, 
$36,000,000 is rescinded. 
(RESCISSION) 
SEC. 4130. From unobligated balances of prior year 
appropriations made available for ‘‘Domestic Nuclear De-
tection Office—Research, Development, and Operations’’ in 
chapter 5 of title III of Public Law 110–28, $3,800,000 is 
rescinded. 
(RESCISSION) 
SEC. 4131. From unobligated balances of prior year 
appropriations made available to ‘‘U.S. Customs and Bor-
der Protection—Border Security Fencing, Infrastructure, 
and Technology’’, $200,000,000 is rescinded: Provided, That 
section 3002 shall not apply to the amount in this section. 
SEC. 4132. Notwithstanding any other provision of 
law, including any agreement, the Federal share of assist-
ance, including direct Federal assistance provided under 
sections 403, 406, and 407 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5170b, 5172, and 5173), for damages resulting from 
FEMA–1909–DR, FEMA–1894–DR, and FEMA–3311– 
EM–RI shall not be less than 90 percent of the eligible costs 
under such sections. 
(RESCISSION) 
SEC. 4133. Of the funds made available for ‘‘Bureau 
of Land Management—Management of Lands and Re-
sources’’ in title VII of division A of Public Law 111–5, 
$6,400,000 is rescinded.
(RESCISSION) 
SEC. 4134. Of the funds made available for ‘‘Bureau 
of Land Management—Construction’’ in title VII of divi-
sion A of Public Law 111–5, $3,600,000 is rescinded. 
(RESCISSION) 
SEC. 4135. Of the funds made available for ‘‘National 
Park Service—Construction’’ in title VII of division A of 
Public Law 111–5, $3,200,000 is rescinded. 
(RESCISSION) 
SEC. 4136. Of the funds made available for ‘‘United 
States Geological Survey—Surveys, Investigations, and Re-
search’’ in title VII of division A of Public Law 111–5, 
$5,000,000 is rescinded. 
(RESCISSION) 
SEC. 4137. Of the funds made available for ‘‘Bureau 
of Indian Affairs—Construction’’ in title VII of division 
A of Public Law 111–5, $2,934,000 is rescinded. 
(RESCISSION) 
SEC. 4138. Of the funds made available for ‘‘Bureau 
of Indian Affairs—Indian Guaranteed Loan Program Ac-
count’’ in title VII of division A of Public Law 111–5, 
$6,820,000 is rescinded. 
(RESCISSION) 
SEC. 4139. Of the funds made available for ‘‘Environ-
mental Protection Agency—Hazardous Substance Super-
fund’’ in title VII of division A of Public Law 111–5, 
$6,000,000 is rescinded. 
(RESCISSION) 
SEC. 4140. Of the funds made available for ‘‘Environ-
mental Protection Agency—Leaking Underground Storage 
Tank Trust Fund Program’’ in title VII of division A of 
Public Law 111–5, $9,200,000 is rescinded. 
(RESCISSION) 
SEC. 4141. Of the funds made available for transfer 
in title VII of division A of Public Law 111–5, ‘‘Environ-
mental Protection Agency—Environmental Programs and 
Management’’, $13,000,000 is rescinded. 
(RESCISSION) 
SEC. 4142. Of the funds made available for ‘‘Depart-
ment of Agriculture—Forest Service—Capital Improve-
ment and Maintenance’’ in title VII of division A of Public 
Law 111–5, $20,000,000 is rescinded. 
(RESCISSION) 
SEC. 4143. Of the funds transferred in section 703 of 
title VII of division A of Public Law 111–5, ‘‘Department 
of the Interior—Working Capital Fund’’, $4,400,000 is per-
manently rescinded. 
(RESCISSION) 
SEC. 4144. Of the funds made available for ‘‘National 
Park Service—Construction’’ in chapter 5 of title II of Pub-
lic Law 105–18, $7,600,000 is rescinded.
(RESCISSION) 
SEC. 4145. Of the funds made available for ‘‘National 
Park Service—Construction’’ in chapter 7 of division B of 
Public Law 108–324, $5,104,000 is rescinded. 
(RESCISSION) 
SEC. 4146. Of the funds made available for ‘‘National 
Park Service—Construction’’ in chapter 5 of title II of Pub-
lic Law 109–234, $6,700,000 is rescinded. 
(RESCISSION) 
SEC. 4147. Of the funds made available for ‘‘Fish and 
Wildlife Service—Construction’’ in chapter 6 of title I of 
division B of Public Law 110–329, $13,300,000 is re-
scinded. 
SEC. 4148. Section 11(c)(1) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1340(c)(1)) is amended in the 
fourth sentence by striking ‘‘within thirty days of its sub-
mission,’’ and inserting the following: ‘‘within 90 days of 
its submission or within such additional time as the Sec-
retary determines is necessary to complete any environ-
mental, safety, or other reviews (in the case of leases issued 
pursuant to a sale held after March 17, 2010), or within 
90 days of its submission or, with the consent of the holder 
of the lease, within such additional time as the Secretary 
determines is necessary to complete any environmental, 
safety, or other reviews (in the case of leases issued pursuant 
to a sale held on or before March 17, 2010),’’.
SEC. 4149. From funds appropriated in this Act under 
the heading ‘‘Department of Health and Human Services— 
Office of the Secretary—Public Health and Social Services 
Emergency Fund’’, the Secretary of Health and Human 
Services shall make grants to States, in the amount needed 
to defray actual costs, for the purpose of assisting school 
districts serving significant numbers of children who en-
tered the United States from Haiti during the period Janu-
ary 12, 2010, through May 30, 2010, and who are United 
States citizens or Haitian nationals, to meet the edu-
cational and related needs of such children. 
(RESCISSION) 
SEC. 4150. The unobligated balance of funds appro-
priated in the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropria-
tions Act, 1995 (Public Law 103–333; 108 Stat. 2574) 
under the heading ‘‘Public Health and Social Services 
Emergency Fund’’ is rescinded. 
SEC. 4151. Amounts in section 1012 of division B of 
Public Law 111–118 shall be deemed to have been des-
ignated by such section on the date of its enactment as an 
emergency requirement and necessary to meet emergency 
needs pursuant to sections 403 and 423(b) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the budget 
for fiscal year 2010.
SEC. 4152. (a) OIL SPILL UNEMPLOYMENT ASSIST-
ANCE.—Upon a determination by the President that addi-
tional resources are necessary to respond to an incident re-
lated to a spill of national significance declared under the 
National Contingency Plan provided for under section 105 
of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9605) (‘‘covered 
incident’’), the Secretary of Labor is authorized to provide 
to any individual unemployed as a result of such covered 
incident such benefit assistance as the Secretary deems ap-
propriate while such individual is unemployed for the weeks 
of such unemployment with respect to which the individual 
is not entitled to any other unemployment compensation 
(as that term is defined in section 85(b) of the Internal Rev-
enue Code of 1986) or waiting period credit. Such assist-
ance as the Secretary shall provide shall be available to an 
individual as long as the individual’s unemployment 
caused by such covered incident continues or until the indi-
vidual is reemployed in a suitable position, but no longer 
than 26 weeks after the individual’s unemployment that re-
sulted from the covered incident. Oil spill unemployment 
assistance payments for a week of unemployment shall not 
exceed the maximum weekly amount authorized under the 
unemployment compensation law of the individual’s State. 
The Secretary is directed to provide such assistance through
agreements with States that, in the Secretary’s judgment, 
have an adequate system for administering such assistance 
through existing State agencies. 
(b) FEDERAL-STATE AGREEMENTS.—Any State af-
fected by a covered incident may enter into and participate 
in an agreement under this section with the Secretary. Any 
State which is a party to an agreement under this section 
may, upon providing 30 days’ written notice to the Sec-
retary, terminate such agreement. 
(c) PROVISIONS
OF AGREEMENT.—Any agreement 
under subsection (b) shall provide that the State agency of 
the State will— 
(1) make payments of oil spill unemployment as-
sistance to individuals who— 
(A) are unemployed as a result of a covered 
incident; 
(B) have no rights to regular compensation 
or extended compensation with respect to a week 
under State law or any other State unemploy-
ment compensation law or to compensation 
under any other Federal law; and 
(C) are not receiving compensation with re-
spect to such week under the unemployment com-
pensation law of Canada; and
(2) refer individuals receiving oil spill unem-
ployment assistance under this section to one-stop de-
livery systems established under section 134(c) of the 
Workforce Investment Act of 1998 for reemployment 
services or training provided under such Act, the 
Wagner-Peyser Act, or other Federal law. 
(d) WEEKLY
BENEFIT
AMOUNT, DUE
PROCESS 
RIGHTS.—For purposes of any agreement under this sec-
tion, the terms and conditions of Federal law and regula-
tions which apply to claims for disaster unemployment as-
sistance and to the payment thereof shall apply to claims 
for oil spill unemployment assistance and the payment 
thereof, except where otherwise inconsistent with the provi-
sions of this section or with the regulations or operating 
instructions of the Secretary promulgated to carry out this 
section. 
(e) UNAUTHORIZED ALIENS INELIGIBLE.—A State 
shall require as a condition of oil spill unemployment as-
sistance under this section that each alien who receives such 
assistance must be legally authorized to work in the United 
States, as defined for purposes of the Federal Unemploy-
ment Tax Act (26 U.S.C. 3101 et seq.). In determining 
whether an alien meets the requirements of this subsection, 
a State must follow the procedures provided in section 
1137(d) of the Social Security Act (42 U.S.C. 1320b–7(d)).
(f) FRAUD AND OVERPAYMENTS.— 
(1) IN GENERAL.—If an individual knowingly 
has made, or caused to be made by another, a false 
statement or representation of a material fact, or 
knowingly has failed, or caused another to fail, to dis-
close a material fact, and as a result of such false 
statement or representation or of such nondisclosure 
such individual has received an amount of oil spill 
unemployment assistance under this section to which 
such individual was not entitled, such individual— 
(A) shall be ineligible for further oil spill 
unemployment assistance under this section in 
accordance with the provisions of the applicable 
State unemployment compensation law relating 
to fraud in connection with a claim for unem-
ployment compensation; and 
(B) shall be subject to prosecution under 
section 1001 of title 18, United States Code. 
(2) REPAYMENT.—In the case of an individual 
who has received oil spill unemployment assistance 
under this section to which such individual was not 
entitled, the State shall require such individual to 
repay the amount of such oil spill unemployment as-
sistance to the State agency, except that the State
agency may waive such repayment if it determines 
that— 
(A) the payment of such oil spill unemploy-
ment assistance was without fault on the part of 
any such individual; and 
(B) such repayment would be contrary to 
equity and good conscience. 
(3) PREVENTION
AND
DETECTION
BY
STATE 
AGENCY.—The State agency shall submit a weekly 
payment file of all benefit payments to the National 
Directory of New Hires, and shall make arrangements 
for the cross match of the benefit payment recipients’ 
social security numbers with the National Directory 
of New Hires Reported Hire and Benefit payment 
databases a minimum of once each week and inves-
tigate all matches. 
(4) RECOVERY BY STATE AGENCY.— 
(A) IN GENERAL.—The State agency may 
recover the amount to be repaid, or any part 
thereof, by deductions from any oil spill unem-
ployment assistance payable to such individual 
under this section or from any unemployment 
compensation payable to such individual under 
any State or Federal unemployment compensa-
tion law administered by the State agency or
under any other State or Federal law adminis-
tered by the State agency which provides for the 
payment of any assistance or allowance with re-
spect to any week of unemployment, during the 
3-year period after the date such individual re-
ceived the payment of the oil spill unemployment 
assistance to which such individual was not enti-
tled, except that no single deduction may exceed 
50 percent of the weekly benefit amount from 
which such deduction is made. 
(B) OPPORTUNITY FOR HEARING.—No re-
payment shall be required, and no deduction 
shall be made, until a determination has been 
made, notice thereof and an opportunity for a 
fair hearing has been given to the individual, 
and the determination has become final. 
(5) REVIEW.—Any determination by a State 
agency under this subsection shall be subject to review 
in the same manner and to the same extent as deter-
minations under the State unemployment compensa-
tion law, and only in that manner and to that extent. 
(g) PAYMENTS TO STATES.— 
(1) BENEFITS.—There shall be paid to each 
State that has entered into an agreement under this 
section an amount equal to 100 percent of the oil spill
unemployment assistance paid to individuals by the 
State under such agreement. 
(2) ADMINISTRATION.—There shall be paid to 
each State that has entered into an agreement under 
this section such amounts as the Secretary determines 
necessary for the proper and efficient administration 
of such agreement. 
(h) FINANCING.— 
(1) IN GENERAL.—There are appropriated out of 
the general fund of the United States Treasury such 
funds as may be necessary in meeting the costs of ben-
efits, Federal administration, and State administra-
tion of agreements under this section. 
(2) CERTIFICATION.—The Secretary shall from 
time to time certify to the Secretary of the Treasury 
for payment to each State the sums payable to such 
State under this section. Upon receipt of the certifi-
cation from the Secretary, the Secretary of the Treas-
ury shall make payments to the State in accordance 
with such certification, by transfers from the general 
fund of the United States Treasury. 
(i) RELATIONSHIP WITH INCOME REPLACEMENT PAY-
MENTS FOR LOST WAGES OR SELF EMPLOYMENT INCOME 
BY THE RESPONSIBLE PARTY.—
(1) The total combined amount an individual re-
ceives of oil spill unemployment assistance and pay-
ments by the responsible party for either lost wages 
or self-employment income shall not exceed the greater 
of— 
(A) the total amount of unemployment as-
sistance that an individual is entitled to receive 
under subsection (a), as determined by the State 
agency; or 
(B) the liability of the responsible party to 
such individual for lost wages or self-employment 
income. 
(2) If a responsible party or the Oil Spill Liabil-
ity Trust Fund under the Oil Pollution Act of 1990 
(33 U.S.C. 2701 et seq.) makes a payment to the indi-
vidual for lost wages related to unemployment result-
ing from a covered incident, and an individual has 
previously received unemployment assistance under 
this section for such period of unemployment, the re-
sponsible party or the Oil Spill Liability Trust Fund 
shall subtract from such payment the amount of such 
unemployment assistance and shall reimburse such 
subtracted amount to the United States for deposit in 
the general fund of the Treasury. If a responsible 
party fails to reimburse such subtracted amount pur-
suant to this paragraph, the Secretary of the Treas-
ury shall request the Attorney General to bring a civil 
action against the responsible party or a guarantor 
in an appropriate district court to recover the 
amount of the demand, plus all costs incurred in ob-
taining payment including prejudgment interest, at-
torneys fees, and any other administrative and adju-
dicative costs involved. 
(3) If a responsible party or the Oil Spill Liabil-
ity Trust Fund has made a payment to an individual 
for lost wages related to unemployment resulting from 
a covered incident, the amount of such payment shall 
be subtracted from the unemployment assistance 
under this section that the individual subsequently re-
ceives for such period of unemployment. 
(4) Any individual’s receipt of unemployment 
assistance under this section related to unemployment 
resulting from a covered incident shall be conditional 
on the individual taking appropriate actions, as de-
termined by the Secretary, to seek payment for lost 
wages for such period of unemployment under the Oil 
Pollution Act of 1990 (33 U.S.C. 2701 et seq.) from 
the responsible party or the Oil Spill Liability Trust 
Fund.
(5) Any individual, as a condition of receiving 
oil spill unemployment assistance, shall provide in-
formed consent to the sharing of benefit information 
between the State agency and the responsible party 
(or its claim processor) or the Oil Spill Liability 
Trust Fund, as appropriate, for the purpose of deter-
mining eligibility and to avoid duplicate payments 
as deemed necessary. 
(6) If the Secretary determines the actions de-
scribed in paragraphs (2) through (5) have not suc-
ceeded in avoiding duplicate payments, the Secretary 
may take such other actions as the Secretary deter-
mines necessary in order to avoid duplicate pay-
ments, consistent with the responsible party or the Oil 
Spill Liability Trust Fund making payments to indi-
viduals for lost wages related to unemployment result-
ing from a covered incident. 
(7) The Secretary may take such actions as the 
Secretary determines are necessary for implementing 
this section, including entering into agreements with 
States that have agreements with the Secretary to ad-
minister this program, and the responsible party with 
respect to each State’s administration of this program 
and payments made by the responsible party to
claimants for lost wages and self-employment income 
to establish processes for— 
(A) the coordination of payment of oil spill 
unemployment assistance under this section and 
payments for lost wages and self employment in-
come by the responsible party or the Oil Spill 
Liability Trust Fund so as to minimize dupli-
cate payments to claimants, including methods 
to— 
(i) prevent duplicate payments, such 
as developing methods for claims processing 
that identify eligibility for both types of 
payments so as to ensure the individual re-
ceives no more than the amount specified in 
paragraph (1) of this subsection; 
(ii) document that individuals who re-
ceived either oil spill unemployment assist-
ance or payments by the responsible party 
or the Oil Spill Liability Trust Fund prior 
to execution of the agreement were unem-
ployed as a result of the oil spill; and 
(iii) ensure prompt and accurate pay-
ment of oil spill unemployment assistance 
under this section or payment of claims by
the responsible party or the Oil Spill Li-
ability Trust Fund; 
(B) sharing and protecting information re-
garding an individual’s claim for oil spill unem-
ployment assistance or claims for replacement of 
wages that is necessary to coordinate benefit 
payments and claims by the responsible party or 
the Oil Spill Liability Trust Fund under sub-
paragraph (A); 
(C) reimbursement by the responsible party 
to the Federal Government and States for pay-
ment of oil spill unemployment assistance to in-
dividuals whose unemployment was the result of 
a covered incident and for the administration of 
this program, which may include the responsible 
party developing a special fund for use by the 
States to pay benefits under this program, in ac-
cordance with the process developed under sub-
paragraph (A) with a periodic reconciliation 
process to make future claims unnecessary; 
(D) ensuring that the responsible party 
shall make benefit information available to gov-
ernment organizations upon request, subject to 
the safeguards applicable to confidential unem-
ployment compensation information in Federal
law and regulations, which shall apply to the 
Secretary, the State agencies administering the 
oil spill unemployment assistance program, the 
responsible party, and the Oil Spill Liability 
Trust Fund; and 
(E) developing similar agreements with the 
responsible party to coordinate payments of un-
employment compensation under State law re-
lated to a covered incident and payments made 
by the responsible party or the Oil Spill Liabil-
ity Trust Fund. 
(8) The procedures developed under this section 
may be employed by States to coordinate payments of 
unemployment compensation under State law related 
to a covered incident and payments made by the re-
sponsible party or the Oil Spill Liability Trust Fund. 
(j) LIABILITY OF RESPONSIBLE PARTIES.—Each re-
sponsible party under the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.) is liable for any costs, net of any pay-
ments by the responsible party to the United States under 
subsection (i), incurred by the United States under this sec-
tion and shall, upon the demand of the Secretary of the 
Treasury, reimburse the general fund of the Treasury for 
these costs as well as the costs of the United States in ad-
ministering its responsibilities under this section. If a re-
sponsible party fails to pay a demand of the Secretary of 
the Treasury pursuant to this subsection, the Secretary 
shall request the Attorney General to bring a civil action 
against the responsible party or a guarantor in an appro-
priate district court to recover the amount of the demand, 
plus all costs incurred in obtaining payment including pre-
judgment interest, attorneys fees, and any other adminis-
trative and adjudicative costs involved. Such reimburse-
ment shall be without regard to limits of liability under 
section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 
2704). 
(k) EFFECTIVE DATE.—This section shall take effect 
immediately upon enactment of this Act and shall apply 
to all responsible parties under the Oil Pollution Act of 
1990 (33 U.S.C. 2701 et seq.), including any party deter-
mined to be liable under such Act for any incident that 
occurred prior to the enactment of this section. 
(l) DEFINITIONS.—For purposes of this section: 
(1) DUPLICATE
PAYMENTS.—The term ‘‘dupli-
cate payments’’ includes any payment that would 
cause the individual to receive payments in excess of 
the amount determined under paragraph (1) of sub-
section (i). 
(2) RESPONSIBLE
PARTY.—The term ‘‘respon-
sible party’’ means one or more responsible parties.
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(4) STATE.—The term ‘‘State’’ means any State, 
as such term is defined in section 3306(j)(1) of the 
Federal 
Unemployment 
Tax 
Act 
(26 
U.S.C. 
3306(j)(1)). 
(5) STATE AGENCY.—The term ‘‘State agency’’ 
means the State agency which administers the unem-
ployment compensation law of the State approved by 
the Secretary of Labor under section 3304 of the In-
ternal Revenue Code of 1986. 
SEC. 4153. (a) IN GENERAL.—Section 173(a) of the 
Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is 
amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(5) to provide assistance to the Governor of any 
State within the boundaries of an area that is the 
subject of a Presidential determination that addi-
tional resources are necessary to respond to an inci-
dent related to a spill of national significance de-
clared under the National Contingency Plan provided 
for under section 105 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9605) (‘covered incident’) to provide 
oil spill relief employment in the area.’’. 
(b) OIL SPILL RELIEF EMPLOYMENT ASSISTANCE RE-
QUIREMENTS.—Section 173 of the Workforce Investment 
Act of 1998 (29 U.S.C. 2918) is amended by adding at the 
end the following new subsection: 
‘‘(h) OIL SPILL RELIEF EMPLOYMENT ASSISTANCE 
REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Funds made available under 
subsection (a)(5)— 
‘‘(A) shall be used to provide oil spill relief 
employment on projects involving the cleaning, 
restoration, renovation, repair and reconstruc-
tion of lands, marshes, waters, structures, and 
facilities located within the area of the covered 
incident, as well as offshore areas related to such 
incident, and projects that provide food, clothing, 
shelter, and other humanitarian assistance to in-
dividuals harmed by the covered incident; 
‘‘(B) may be expended through public and 
private agencies and organizations engaged in 
such projects;
‘‘(C) may be expended to provide employ-
ment and training activities; 
‘‘(D) may be expended to provide personal 
protective equipment to workers engaged in oil 
spill relief employment described in subpara-
graph (A); 
‘‘(E) may be used to increase the capacity 
of States to make available the full range of serv-
ices authorized under this title and provide in-
formation (in languages appropriate to the indi-
viduals served) about, and access to, the variety 
of public and private services available to indi-
viduals adversely affected by the covered incident 
in One-Stop Career Centers and other access 
points (including other public facilities, mobile 
service delivery units, and social services offices); 
and 
‘‘(F) may be used to provide temporary em-
ployment by public sector entities for a period 
not to exceed 6 months, in addition to the oil 
spill relief employment described in subpara-
graph (A). 
‘‘(2) ELIGIBILITY.—An individual shall be eligi-
ble for services under subsection (a)(5) if such indi-
vidual is temporarily or permanently laid off as a
consequence of the covered incident described in such 
subsection, is a dislocated worker, is a long-term un-
employed individual, or meets such other criteria as 
the Secretary may establish. 
‘‘(3) LIMITATIONS ON OIL SPILL RELIEF EMPLOY-
MENT ASSISTANCE.—No individual shall be employed 
under subsection (a)(5) for more than 6 months for 
oil spill relief employment related to recovery from a 
single covered incident. The Secretary may, upon re-
viewing a State’s request, extend such employment re-
lated to recovery from a single covered incident for up 
to an additional 6 months. 
‘‘(4) REIMBURSEMENT.—Each responsible party 
under the Oil Pollution Act of 1990 (33 U.S.C. 2701 
et seq.) is liable for any costs incurred by the United 
States under this subsection or subsection (a)(5) and 
shall, upon the demand of the Secretary of the Treas-
ury, reimburse the general fund of the Treasury for 
the costs incurred under this subsection or subsection 
(a)(5) as well as the costs of the United States in ad-
ministering its responsibilities under this subsection 
or subsection (a)(5). If a responsible party fails to 
pay a demand of the Secretary of the Treasury pursu-
ant to this subsection or subsection (a)(5), the Sec-
retary shall request the Attorney General to bring a
civil action against the responsible party or a guar-
antor in an appropriate district court to recover the 
amount of the demand, plus all costs incurred in ob-
taining payment including prejudgment interest, at-
torney’s fees, and any other administrative and adju-
dicative costs involved. Such reimbursement shall be 
without regard to limits of liability under section 
1004 of the Oil Pollution Act of 1990 (33 U.S.C. 
2704). 
‘‘(5) USE OF AVAILABLE FUNDS.—Funds appro-
priated for fiscal years 2009 and 2010 and remaining 
available for obligation by the Secretary to provide 
any assistance authorized under this section shall be 
available to assist workers affected by a covered inci-
dent, including workers who have relocated from areas 
in which a covered incident has been declared. Under 
such conditions as the Secretary may approve, any 
State may use funds that remain available for ex-
penditure under any grants awarded to the State 
under this section to provide any assistance author-
ized under this subsection. Funds used pursuant to 
the authority provided under this paragraph shall be 
subject to the reimbursement requirements described 
in paragraph (4).
‘‘(6) REQUIREMENTS
FOR
GRANT
APPLICA-
TIONS.—An application submitted to the Secretary 
under this subsection shall include a detailed descrip-
tion of— 
‘‘(A) how the State will ensure the capacity 
of One-Stop Career Centers and other access 
points to— 
‘‘(i) provide affected individuals with 
information, in languages appropriate to 
the individuals served, about the range of 
available services; and 
‘‘(ii) provide affected individuals with 
access to the range of needed services; 
‘‘(B) how the State will prioritize individ-
uals who are temporarily or permanently laid 
off as a consequence of the covered incident in 
the assignment of temporary employment posi-
tions; and 
‘‘(C) any other supporting information the 
Secretary may require.’’. 
(c) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect immediately 
upon enactment of this Act and shall apply to all respon-
sible parties under the Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.), including any party determined to be liable
under such Act for any incident that occurred prior to the 
enactment of this Act. 
(d) 
APPROPRIATION.—There 
is 
appropriated 
$50,000,000 for an additional amount for ‘‘Department of 
Labor—Employment and Training Administration— 
Training and Employment Services’’, to carry out section 
173(a)(5) and (h) of the Workforce Investment Act of 1998 
(29 U.S.C. 29l8(a)(5) and (h)) (‘‘WIA’’) as amended by this 
Act, to remain available through June 30, 2011: Provided, 
That funding shall be available upon enactment of this Act, 
notwithstanding section 189(g)(l) of WIA. 
SEC. 4154. (a) The Secretary of Labor may reserve not 
more than 1 percent of the funds available to carry out sec-
tion 4152 of this Act and section 173(h) of the Workforce 
Investment Act of 1998 (as added by section 4153 of this 
Act) for transfer to appropriate Department of Labor ac-
counts for program administration and support activities 
in the Department of Labor associated with such sections, 
and for the increased worker protection and workplace ben-
efit activities and oversight and coordination activities in 
connection with the application of laws and regulations as-
sociated with the Department’s response to spills of national 
significance declared under the National Contingency Plan 
provided for under section 105 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9605). 
(b) A responsible party under the Oil Pollution Act 
of 1990 (33 U.S.C. 2701 et seq.) shall, upon the demand 
of the Secretary of the Treasury, reimburse the general fund 
of the Treasury for all or a portion of the additional 
amount appropriated herein, as determined by the Sec-
retary of the Treasury. 
(c) If a responsible party fails to pay a demand of 
the Secretary of the Treasury pursuant to this section, the 
Secretary shall request the Attorney General to bring a civil 
action against the responsible party or a guarantor in an 
appropriate district court to recover the amount of the de-
mand, plus all costs incurred in obtaining payment includ-
ing prejudgment interest, attorneys fees, and any other ad-
ministrative and adjudicative costs involved. Such reim-
bursement shall be without regard to limits of liability 
under section 1004 of the Oil Pollution Act of 1990 (33 
U.S.C. 2704). 
(d) This section shall take effect immediately upon en-
actment of this Act and shall apply to all responsible par-
ties under the Oil Pollution Act of 1990, including any 
party determined to be liable under such Act for any inci-
dent that occurred prior to the enactment of this Act.
States district courts are empowered to grant manda-
tory injunctions and such other and further equitable 
relief as they deem appropriate. 
‘‘(2) CEASE AND DESIST.— 
‘‘(A) IN GENERAL.—If the Commission has 
issued a cease and desist order with respect to a 
person, partnership or corporation in an admin-
istrative adjudicative proceeding under the au-
thority of subsection (a)(1), an action brought 
pursuant to paragraph (1) may be commenced 
against such person, partnership or corporation 
at any time before the expiration of 1 year after 
such order becomes final pursuant to section 
5(g). 
‘‘(B) EXCEPTION.—In an action under sub-
paragraph (A), the findings of the Commission 
as to the material facts in the administrative ad-
judicative proceeding with respect to such per-
son’s, partnership’s or corporation’s violation of 
this section shall be conclusive unless— 
‘‘(i) the terms of such cease and desist 
order expressly provide that the Commis-
sion’s findings shall not be conclusive; or 
‘‘(ii) the order became final by reason 
of section 5(g)(1), in which case such find-