(e) The Secretary of Labor shall provide to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate a report describing the use of the funds not 
later than 1 year after the date of enactment of this Act. 
(RESCISSION) 
SEC. 4155. Of the unobligated balance of funds appro-
priated without fiscal year limitation under the heading 
‘‘Department of Health and Human Services—Office of the 
Secretary—Public Health and Social Services Emergency 
Fund’’ in fiscal years 2006 through 2010 to prepare for and 
respond to an influenza pandemic (including any amount 
not yet designated by the President as emergency funds) 
and the unobligated balance of funds transferred to ‘‘Public 
Health and Social Services Emergency Fund’’ pursuant to 
the fourth paragraph under such heading in Public Law 
111–117, $2,000,000,000 is rescinded: Provided, That the 
Secretary of Health and Human Services, in consultation 
with the Director of the Office of Management and Budget, 
shall determine the amount to be rescinded from each ap-
propriation and shall transmit a written notice of such de-
termination to the Committees on Appropriations of the 
House of Representatives and the Senate not later than 30 
days after enactment of this Act: Provided further, That sec-
tion 3002 shall not apply to $500,000,000 of the amount 
in this section.
(RESCISSION) 
SEC. 4156. Of the funds appropriated for ‘‘Department 
of Education—Innovation and Improvement’’ in division 
D of Public Law 111–117 (123 Stat. 3263), $100,000,000 
is rescinded, to be derived only from the amount available 
for grants authorized under subpart I of part B of title V 
of the Elementary and Secondary Education Act of 1965: 
Provided, That section 3002 shall not apply to the amount 
in this section. 
(RESCISSION) 
SEC. 4157. Of the funds appropriated for ‘‘Department 
of Education—Innovation and Improvement’’ in division 
A of Public Law 111–5 (123 Stat. 182) and division D 
of Public Law 111–117 (123 Stat. 3263), $200,000,000 is 
rescinded, to be derived only from amounts available for 
the Teacher Incentive Fund: Provided, That section 3002 
shall not apply to $100,000,000 of the amount in this sec-
tion. 
(RESCISSION) 
SEC. 4158. Of the funds appropriated for ‘‘Department 
of Education—State Fiscal Stabilization Fund’’ in title 
XIV of division A of the American Recovery and Reinvest-
ment Act of 2009 (Public Law 111–5; 123 Stat. 279), 
$500,000,000 is rescinded, to be derived only from the 
amount made available for grants under section 14006 of 
such title and through a corresponding reduction in the
total amount reserved under section 14001(c) of such title 
for grants under such section 14006. 
SEC. 4159. Amounts appropriated to the Architect of 
the Capitol in the Legislative Branch Appropriations Act, 
2006 (Public Law 109–55) under the heading ‘‘Architect 
of the Capitol—Capitol Police Building and Grounds’’ and 
that remain available until September 30, 2010, and 
amounts appropriated to the Architect of the Capitol in the 
Legislative Branch Appropriations Act, 2010 (Public Law 
111–68) under the heading ‘‘Architect of the Capitol—Cap-
itol Police Buildings, Grounds and Security’’ and that re-
main available until September 30, 2014, shall be available 
to the Architect of the Capitol for the purchase of real prop-
erty (including any buildings or facilities) for the use of 
the Capitol Police. 
SEC. 4160. (a) TERMINATION OF OEPPO.—Section 
905 of the Emergency Supplemental Act, 2002 (2 U.S.C. 
130i) is repealed. 
(b) TRANSFER TO SERGEANT AT ARMS.—The func-
tions and responsibilities of the Office of Emergency Plan-
ning, Preparedness, and Operations under section 905 of 
the Emergency Supplemental Act, 2002 (2 U.S.C. 130i) (as 
in effect on the day before the date referred to in subsection 
(c)) shall be transferred and assigned to the Sergeant at 
Arms of the House of Representatives.
(c) EFFECTIVE DATE.—This section and the amend-
ment made by this section shall take effect February 1, 
2010. 
(RESCISSION) 
SEC. 4161. Of the unobligated balances available to the 
Architect of the Capitol from prior year appropriations for 
the Capitol Visitor Center project, $5,000,000 is rescinded: 
Provided, That section 3002 shall not apply to the amount 
in this section. 
(RESCISSION) 
SEC. 4162. Of the unobligated balances available under 
‘‘Department of Defense, Military Construction, Army’’ 
from prior appropriations Acts, $340,000,000 is rescinded: 
Provided, That no funds may be rescinded from amounts 
that were designated by the Congress as an emergency re-
quirement or as appropriations for overseas deployments 
and other activities pursuant to a concurrent resolution on 
the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985: Provided further, That section 3002 
shall not apply to the amount in this section. 
(RESCISSION) 
SEC. 4163. Of the unobligated balances available under 
‘‘Department of Defense, Military Construction, Navy and 
Marine 
Corps’’ 
from 
prior 
appropriations 
Acts, 
$110,000,000 is rescinded: Provided, That no funds may 
be rescinded from amounts that were designated by the Con-
gress as an emergency requirement or as appropriations for 
overseas deployments and other activities pursuant to a 
concurrent resolution on the budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985: Provided fur-
ther, That section 3002 shall not apply to the amount in 
this section. 
(RESCISSION) 
SEC. 4164. Of the unobligated balances available under 
‘‘Department of Defense, Military Construction, Air Force’’ 
from prior appropriations Acts, $50,000,000 is rescinded: 
Provided, That no funds may be rescinded from amounts 
that were designated by the Congress as an emergency re-
quirement or as appropriations for overseas deployments 
and other activities pursuant to a concurrent resolution on 
the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985: Provided further, That section 3002 
shall not apply to the amount in this section. 
(RESCISSION) 
SEC. 4165. Of the funds made available for the General 
Operating Expenses account of the Department of Veterans 
Affairs in section 2201(e)(4)(A)(ii) of division B of Public 
Law 111–5 (123 Stat. 454; 26 U.S.C. 6428 note), 
$6,100,000 is rescinded. 
SEC. 4166. None of the funds appropriated or other-
wise made available by this Act may be obligated by any 
covered executive agency in contravention of the certifi-
cation requirement of section 6(b) of the Iran Sanctions Act 
of 1996, as included in the revisions to the Federal Acquisi-
tion Regulation pursuant to such section. 
(RESCISSIONS) 
SEC. 4167. (a) MILLENNIUM CHALLENGE CORPORA-
TION.—Of the unobligated balances available under the 
heading ‘‘Millennium Challenge Corporation’’ in title III 
of division H of Public Law 111–8 and under such heading 
in prior Acts making appropriations for the Department 
of State, foreign operations, and related programs, 
$150,000,000 is rescinded. 
(b) CIVILIAN STABILIZATION INITIATIVE.— 
(1) DEPARTMENT OF STATE.—Of the unobligated 
balances available under the heading ‘‘Department of 
State—Administration of Foreign Affairs—Civilian 
Stabilization Initiative’’ in prior Acts making appro-
priations for the Department of State, foreign oper-
ations, and related programs, $40,000,000 is re-
scinded. 
(2) UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT.—Of the unobligated balances avail-
able under the heading ‘‘United States Agency for 
International Development—Funds Appropriated to 
the President—Civilian Stabilization Initiative’’ in 
prior Acts making appropriations for the Department
of State, foreign operations, and related programs, 
$30,000,000 is rescinded. 
(c) Section 3002 shall not apply to the amounts in 
this section. 
(RESCISSION) 
SEC. 4168. Of the unobligated balances available under 
the heading ‘‘Capital Investment Fund’’ in title XI of divi-
sion A of Public Law 111-5, $40,000,000 is rescinded. 
(RESCISSION) 
SEC. 4169. Of the unobligated balances of funds made 
available under section 108(b) of Public Law 101–100, as 
added by Public Law 101–130, to the Emergency Fund au-
thorized by section 125 of title 23, United States Code, 
$10,893,687 is rescinded: Provided, That section 3002 shall 
not apply to the amount in this section. 
(RESCISSIONS) 
SEC. 4170. There are rescinded the following amounts 
from the specified accounts: 
(1) ‘‘Department of Transportation—Federal 
Aviation 
Administration—Facilities 
and 
Equip-
ment’’, $2,182,544, to be derived from unobligated 
balances made available under this heading in Public 
Law 108–324. 
(2) ‘‘Department of Transportation—Federal 
Aviation 
Administration—Facilities 
and 
Equip-
ment’’, $5,705,750, to be derived from unobligated
balances made available under this heading in Public 
Law 109–148. 
(3) ‘‘Department of Housing and Urban Devel-
opment—Community Planning and Development— 
Community Development Fund’’, $111,602,923, to be 
derived from unobligated balances made available 
under this heading in chapter 10 of title I of division 
B of Public Law 110–329. 
SEC. 4171. The item relating to ‘‘Federal Housing Ad-
ministration—General and Special Risk Program Ac-
count’’ in title II of division A of the Consolidated Appro-
priations Act, 2010 (Public Law 111–117; 123 Stat. 3091) 
is amended by striking ‘‘$15,000,000,000’’ and inserting 
‘‘$20,000,000,000’’: Provided, That section 3002 shall not 
apply to the amount in this section. 
SEC. 4172. Section 1117(d) of the Transportation Eq-
uity Act for the 21st Century (112 Stat. 161) is repealed 
and the designation made by that section shall no longer 
be effective. 
(RESCISSION) 
SEC. 4173. Of the unobligated balances of contract au-
thority apportioned to each State for the programs listed 
in section 105(a)(2) of title 23, United States Code (except 
the equity bonus program under section 105 of such title 
and the high priority projects program under section 117 
of such title), $2,200,000,000 is permanently rescinded:
Provided, That such rescission shall be distributed within 
each State among all programs for which funds were appor-
tioned for fiscal year 2009 and to which the rescission ap-
plies, to the extent sufficient funds remain available for ob-
ligation, in the ratio that the amount of funds apportioned 
for each such program for such fiscal year, bears to the 
amount of funds apportioned for all such programs for such 
fiscal year: Provided further, That funds set aside under 
sections 133(d)(2) and 133(d)(3) of title 23, United States 
Code, shall be treated as being apportioned for the purposes 
of this section: Provided further, That section 1132 of Public 
Law 110–140 shall not apply to the rescission under this 
section: Provided further, That section 3002 shall not apply 
to the amount in this section. 
(RESCISSION) 
SEC. 4174. Of the unobligated balances of funds under 
the heading ‘‘Department of Housing and Urban Develop-
ment—Community Planning and Development—Commu-
nity Development Fund’’ made available by section 159 of 
Public Law 110–92, as added by division B of Public Law 
110–116, $400,000,000 is rescinded.
CHAPTER 2 
PRESERVE ACCESS TO AFFORDABLE GENERICS 
ACT 
SHORT TITLE 
SEC. 4201. This chapter may be cited as the ‘‘Preserve 
Access to Affordable Generics Act’’. 
UNLAWFUL COMPENSATION FOR DELAY 
SEC. 4202. (a) IN GENERAL.—The Federal Trade 
Commission Act (15 U.S.C. 44 et seq.) is amended— 
(1) by redesignating section 28 as section 29; 
and 
(2) by inserting before section 29, as redesig-
nated, the following: 
‘‘SEC. 28. PRESERVING ACCESS TO AFFORDABLE GENERICS. 
‘‘(a) IN GENERAL.— 
‘‘(1) ENFORCEMENT PROCEEDING.—The Federal 
Trade Commission may initiate a proceeding to en-
force the provisions of this section against the parties 
to any agreement resolving or settling, on a final or 
interim basis, a patent infringement claim, in con-
nection with the sale of a drug product. 
‘‘(2) PRESUMPTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in such a proceeding, an agreement 
shall be presumed to have anticompetitive effects 
and be unlawful if—
‘‘(i) an ANDA filer receives anything 
of value; and 
‘‘(ii) the ANDA filer agrees to limit or 
forego 
research, 
development, 
manufac-
turing, marketing, or sales of the ANDA 
product for any period of time. 
‘‘(B) EXCEPTION.—The presumption in 
subparagraph (A) shall not apply if the parties 
to such agreement demonstrate by clear and con-
vincing evidence that the procompetitive benefits 
of the agreement outweigh the anticompetitive ef-
fects of the agreement. 
‘‘(b) COMPETITIVE FACTORS.—In determining whether 
the settling parties have met their burden under subsection 
(a)(2)(B), the fact finder shall consider— 
‘‘(1) the length of time remaining until the end 
of the life of the relevant patent, compared with the 
agreed upon entry date for the ANDA product; 
‘‘(2) the value to consumers of the competition 
from the ANDA product allowed under the agreement; 
‘‘(3) the form and amount of consideration re-
ceived by the ANDA filer in the agreement resolving 
or settling the patent infringement claim; 
‘‘(4) the revenue the ANDA filer would have re-
ceived by winning the patent litigation;
‘‘(5) the reduction in the NDA holder’s revenues 
if it had lost the patent litigation; 
‘‘(6) the time period between the date of the 
agreement conveying value to the ANDA filer and the 
date of the settlement of the patent infringement 
claim; and 
‘‘(7) any other factor that the fact finder, in its 
discretion, deems relevant to its determination of 
competitive effects under this subsection. 
‘‘(c) LIMITATIONS.—In determining whether the set-
tling parties have met their burden under subsection 
(a)(2)(B), the fact finder shall not presume— 
‘‘(1) that entry would not have occurred until the 
expiration of the relevant patent or statutory exclu-
sivity; or 
‘‘(2) that the agreement’s provision for entry of 
the ANDA product prior to the expiration of the rel-
evant patent or statutory exclusivity means that the 
agreement is pro-competitive, although such evidence 
may be relevant to the fact finder’s determination 
under this section. 
‘‘(d) EXCLUSIONS.—Nothing in this section shall pro-
hibit a resolution or settlement of a patent infringement 
claim in which the consideration granted by the NDA hold-
er to the ANDA filer as part of the resolution or settlement 
includes only one or more of the following: 
‘‘(1) The right to market the ANDA product in 
the United States prior to the expiration of— 
‘‘(A) any patent that is the basis for the 
patent infringement claim; or 
‘‘(B) any patent right or other statutory ex-
clusivity that would prevent the marketing of 
such drug. 
‘‘(2) A payment for reasonable litigation ex-
penses not to exceed $7,500,000. 
‘‘(3) A covenant not to sue on any claim that the 
ANDA product infringes a United States patent. 
‘‘(e) REGULATIONS AND ENFORCEMENT.— 
‘‘(1) REGULATIONS.—The Federal Trade Com-
mission may issue, in accordance with section 553 of 
title 5, United States Code, regulations implementing 
and interpreting this section. These regulations may 
exempt certain types of agreements described in sub-
section (a) if the Commission determines such agree-
ments will further market competition and benefit 
consumers. Judicial review of any such regulation 
shall be in the United States District Court for the 
District of Columbia pursuant to section 706 of title 
5, United States Code.
‘‘(2) ENFORCEMENT.—A violation of this section 
shall be treated as a violation of section 5. 
‘‘(3) JUDICIAL REVIEW.—Any person, partner-
ship or corporation that is subject to a final order of 
the Commission, issued in an administrative adju-
dicative proceeding under the authority of subsection 
(a)(1), may, within 30 days of the issuance of such 
order, petition for review of such order in the United 
States Court of Appeals for the District of Columbia 
Circuit or the United States Court of Appeals for the 
circuit in which the ultimate parent entity, as defined 
at 16 C.F.R. 801.1(a)(3), of the NDA holder is incor-
porated as of the date that the NDA is filed with the 
Secretary of the Food and Drug Administration, or 
the United States Court of Appeals for the circuit in 
which the ultimate parent entity of the ANDA filer is 
incorporated as of the date that the ANDA is filed 
with the Secretary of the Food and Drug Administra-
tion. In such a review proceeding, the findings of the 
Commission as to the facts, if supported by evidence, 
shall be conclusive. 
‘‘(f) ANTITRUST LAWS.—Nothing in this section shall 
be construed to modify, impair, or supersede the applica-
bility of the antitrust laws as defined in subsection (a) of 
the first section of the Clayton Act (15 U.S.C. 12(a)) and
of section 5 of this Act to the extent that section 5 applies 
to unfair methods of competition. Nothing in this section 
shall modify, impair, limit or supersede the right of an 
ANDA filer to assert claims or counterclaims against any 
person, under the antitrust laws or other laws relating to 
unfair competition. 
‘‘(g) PENALTIES.— 
‘‘(1) FORFEITURE.—Each person, partnership or 
corporation that violates or assists in the violation of 
this section shall forfeit and pay to the United States 
a civil penalty sufficient to deter violations of this 
section, but in no event greater than 3 times the value 
received by the party that is reasonably attributable 
to a violation of this section. If no such value has 
been received by the NDA holder, the penalty to the 
NDA holder shall be shall be sufficient to deter viola-
tions, but in no event greater than 3 times the value 
given to the ANDA filer reasonably attributable to the 
violation of this section. Such penalty shall accrue to 
the United States and may be recovered in a civil ac-
tion brought by the Federal Trade Commission, in its 
own name by any of its attorneys designated by it for 
such purpose, in a district court of the United States 
against any person, partnership or corporation that 
violates this section. In such actions, the United
ing shall be conclusive if supported by evi-
dence. 
‘‘(3) 
CIVIL
PENALTY.—In 
determining 
the 
amount of the civil penalty described in this section, 
the court shall take into account— 
‘‘(A) the nature, circumstances, extent, and 
gravity of the violation; 
‘‘(B) with respect to the violator, the degree 
of culpability, any history of violations, the abil-
ity to pay, any effect on the ability to continue 
doing business, profits earned by the NDA hold-
er, compensation received by the ANDA filer, 
and the amount of commerce affected; and 
‘‘(C) other matters that justice requires. 
‘‘(4) REMEDIES
IN
ADDITION.—Remedies pro-
vided in this subsection are in addition to, and not 
in lieu of, any other remedy provided by Federal law. 
Nothing in this paragraph shall be construed to affect 
any authority of the Commission under any other 
provision of law. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) AGREEMENT.—The term ‘agreement’ means 
anything that would constitute an agreement under 
section 1 of the Sherman Act (15 U.S.C. 1) or section 
5 of this Act.
‘‘(2) AGREEMENT
RESOLVING
OR
SETTLING
A 
PATENT INFRINGEMENT CLAIM.—The term ‘agreement 
resolving or settling a patent infringement claim’ in-
cludes any agreement that is entered into within 30 
days of the resolution or the settlement of the claim, 
or any other agreement that is contingent upon, pro-
vides a contingent condition for, or is otherwise re-
lated to the resolution or settlement of the claim. 
‘‘(3) ANDA.—The term ‘ANDA’ means an abbre-
viated new drug application, as defined under section 
505(j) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 355(j)). 
‘‘(4) ANDA FILER.—The term ‘ANDA filer’ 
means a party who has filed an ANDA with the Food 
and Drug Administration. 
‘‘(5) ANDA PRODUCT.—The term ‘ANDA prod-
uct’ means the product to be manufactured under the 
ANDA that is the subject of the patent infringement 
claim. 
‘‘(6) DRUG PRODUCT.—The term ‘drug product’ 
means a finished dosage form (e.g., tablet, capsule, or 
solution) that contains a drug substance, generally, 
but not necessarily, in association with 1 or more 
other ingredients, as defined in section 314.3(b) of 
title 21, Code of Federal Regulations.
‘‘(7) NDA.—The term ‘NDA’ means a new drug 
application, as defined under section 505(b) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
355(b)). 
‘‘(8) NDA HOLDER.—The term ‘NDA holder’ 
means— 
‘‘(A) the party that received FDA approval 
to market a drug product pursuant to an NDA; 
‘‘(B) a party owning or controlling enforce-
ment of the patent listed in the Approved Drug 
Products With Therapeutic Equivalence Evalua-
tions (commonly known as the ‘FDA Orange 
Book’) in connection with the NDA; or 
‘‘(C) the predecessors, subsidiaries, divi-
sions, groups, and affiliates controlled by, con-
trolling, or under common control with any of 
the entities described in subparagraphs (A) and 
(B) (such control to be presumed by direct or in-
direct share ownership of 50 percent or greater), 
as well as the licensees, licensors, successors, and 
assigns of each of the entities. 
‘‘(9) PATENT INFRINGEMENT.—The term ‘patent 
infringement’ means infringement of any patent or of 
any filed patent application, extension, reissue, re-
newal, division, continuation, continuation in part,
reexamination, patent term restoration, patents of ad-
dition and extensions thereof. 
‘‘(10) PATENT INFRINGEMENT CLAIM.—The term 
‘patent infringement claim’ means any allegation 
made to an ANDA filer, whether or not included in 
a complaint filed with a court of law, that its ANDA 
or ANDA product may infringe any patent held by, 
or exclusively licensed to, the NDA holder of the drug 
product. 
‘‘(11) STATUTORY EXCLUSIVITY.—The term ‘stat-
utory exclusivity’ means those prohibitions on the ap-
proval of drug applications under clauses (ii) through 
(iv) of section 505(c)(3)(E) (5- and 3-year data exclu-
sivity), section 527 (orphan drug exclusivity), or sec-
tion 505A (pediatric exclusivity) of the Federal Food, 
Drug, and Cosmetic Act.’’. 
(b) EFFECTIVE DATE.—Section 28 of the Federal 
Trade Commission Act, as added by this section, shall 
apply to all agreements described in section 28(a)(1) of that 
Act entered into after November 15, 2009. Section 28(g) of 
the Federal Trade Commission Act, as added by this sec-
tion, shall not apply to agreements entered into before the 
date of enactment of this chapter. 
NOTICE AND CERTIFICATION OF AGREEMENTS 
SEC. 4203. (a) NOTICE OF ALL AGREEMENTS.—Sec-
tion 1112(c)(2) of the Medicare Prescription Drug, Im-
provement, and Modernization Act of 2003 (21 U.S.C. 355 
note) is amended— 
(1) by striking ‘‘the Commission the’’ and insert-
ing the following: ‘‘the Commission— 
‘‘(1) the’’; 
(2) by striking the period and inserting ‘‘; and’’; 
and 
(3) by inserting at the end the following: 
‘‘(2) any other agreement the parties enter into 
within 30 days of entering into an agreement covered 
by subsection (a) or (b).’’. 
(b) CERTIFICATION OF AGREEMENTS.—Section 1112 
of such Act is amended by adding at the end the following: 
‘‘(d) CERTIFICATION.—The Chief Executive Officer or 
the company official responsible for negotiating any agree-
ment required to be filed under subsection (a), (b), or (c) 
shall execute and file with the Assistant Attorney General 
and the Commission a certification as follows: ‘I declare 
that the following is true, correct, and complete to the best 
of my knowledge: The materials filed with the Federal 
Trade Commission and the Department of Justice under 
section 1112 of subtitle B of title XI of the Medicare Pre-
scription Drug, Improvement, and Modernization Act of 
2003, with respect to the agreement referenced in this cer-
tification: (1) represent the complete, final, and exclusive
agreement between the parties; (2) include any ancillary 
agreements that are contingent upon, provide a contingent 
condition for, or are otherwise related to, the referenced 
agreement; and (3) include written descriptions of any oral 
agreements, representations, commitments, or promises be-
tween the parties that are responsive to subsection (a) or 
(b) of such section 1112 and have not been reduced to writ-
ing.’.’’. 
FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD 
SEC. 4204. Section 505(j)(5)(D)(i)(V) of the Federal 
Food, 
Drug 
and 
Cosmetic 
Act 
(21 
U.S.C. 
355(j)(5)(D)(i)(V)) is amended by inserting ‘‘section 28 of 
the Federal Trade Commission Act or’’ after ‘‘that the 
agreement has violated’’. 
COMMISSION LITIGATION AUTHORITY 
SEC. 4205. Section 16(a)(2) of the Federal Trade Com-
mission Act (15 U.S.C. 56(a)(2)) is amended— 
(1) in subparagraph (D), by striking ‘‘or’’ after 
the semicolon; 
(2) in subparagraph (E), by inserting ‘‘or’’ after 
the semicolon; and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) under section 28;’’.