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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-522

======================================================================
 
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENTS TO THE BILL (H.R. 
4899) MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF 
AND SUMMER JOBS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND FOR 
                             OTHER PURPOSES

                                _______
                                

July 1, 2010.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules,submitted the following

                              R E P O R T

                      [To accompany H. Res. 1500]

    The Committee on Rules, having had under consideration 
House Resolution 1500, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of the Senate 
amendments to H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the 
fiscal year ending September 30, 2010, and for other purposes, 
with the Senate amendments thereto. The resolution makes in 
order a motion by the chairman of the Committee on 
Appropriations to concur in the Senate amendment to the text 
with each of the five House amendments printed in this report. 
The resolution waives all points of order against consideration 
of the motion except those arising under clause 10 of rule XXI 
and provides that the Senate amendments and the motion shall be 
considered as read. The resolution provides that the motion 
shall be debatable for one hour and 30 minutes as follows: 30 
minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on Appropriations; then 30 
minutes equally divided and controlled by Representative Lee of 
California or her designee and an opponent; and then 30 minutes 
equally divided and controlled by Representative McGovern of 
Massachusetts or his designee and an opponent. The resolution 
provides that the previous question shall be considered as 
ordered on the motion to final adoption without intervening 
motion or demand for division of the question except that the 
question of adoption of the motion shall be divided among the 
five House amendments, with the first portion of the divided 
question considered as adopted. The resolution provides that if 
the remaining portions of the divided question fail of 
adoption, then the House shall be considered to have rejected 
the motion and to have made no disposition of the Senate 
amendment to the text.
    The resolution provides that upon adoption of the motion 
specified in the first section of the resolution the Clerk 
shall engross the action of the House under that section as a 
single amendment; and a motion that the House concur in the 
Senate amendment to the title shall be considered as adopted. 
The resolution allows the chair of the Committee on 
Appropriations to insert in the Congressional Record not later 
than July 3, 2010, such material as he may deem explanatory of 
the Senate amendments and the motion specified in the first 
section of this resolution. The resolution provides that House 
Resolution 1493 is hereby adopted. The resolution amends the 
time periods in clause 10 of rule XXI to align with the 
Statutory Pay-As-You-Go Act of 2010.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion (except for clause 10 of rule XXI) includes a waiver 
of Section 302(c) of the Congressional Budget Act, prohibiting 
consideration of a committee's legislation providing new budget 
authority until that committee has filed its 302(b) report.

                    COMPLIANCE WITH HOUSE RULE XIII

Statement of oversight findings and recommendations of the Committee

    In accordance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee finds that the time periods analyzed for 
legislative compliance with the House paygo rule (clause 10 of 
rule XXI) and the Statutory Pay-As-You-Go Act of 2010 (Pub. L. 
No. 111-139) do not align with each other. While both the rule 
and the statute are designed to ensure that legislative 
measures do not increase the deficit or reduce the surplus, the 
differing time periods can lead to different estimates. 
Conforming the time periods in the House paygo rule to the time 
periods in the statute would simplify the analysis of 
legislative measures for compliance with both provisions.

Congressional Budget Office cost estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee states, with 
respect to this resolution, that the Director of the 
Congressional Budget Office did not submit a cost estimate and 
comparison under section 402 of the Congressional Budget Act of 
1974.

Statement of general performance goals and objectives

    In accordance with clause 3(c) of rule XIII of the Rules of 
the House of Representatives, the goal of this resolution is to 
conform the time periods analyzed under the House paygo rule 
(clause 10 of rule XXI) to the time periods analyzed under the 
Statutory Pay-As-You-Go Act of 2010 (Pub. L. No. 111-139).

Changes to Rules of the House

    In accordance with clause 3(g) of rule XIII, changes to the 
Rules of the House made by the resolution, as reported, are 
shown as follows (existing provisions proposed to be omitted 
are enclosed in black brackets, new matter is printed in 
italic, existing provisions in which no change is proposed are 
shown in roman):
    Clause 10 of rule XIII. [(a)(1) Except as provided in 
paragraphs (b) and (c), it shall not be in order to consider 
any bill, joint resolution, amendment, or conference report if 
the provisions of such measure affecting direct spending and 
revenues have the net effect of increasing the deficit or 
reducing the surplus for either the period comprising--
          [(A) the current fiscal year, the budget year set 
        forth in the most recently completed concurrent 
        resolution on the budget, and the four fiscal years 
        following that budget year; or
          [(B) the current fiscal year, the budget year set 
        forth in the most recently completed concurrent 
        resolution on the budget, and the nine fiscal years 
        following that budget year.
    [(2) The effect of such measure on the deficit or surplus 
shall be determined on the basis of estimates made by the 
Committee on the Budget relative to baseline estimates supplied 
by the Congressional Budget Office consistent with section 257 
of the Balanced Budget and Emergency Deficit Control Act of 
1985] (a)(1) Except as provided in paragraphs (b) and (c), it 
shall not be in order to consider any bill, joint resolution, 
amendment, or conference report if the provisions of such 
measure affecting direct spending and revenues have the net 
effect of increasing the on-budget deficit or reducing the on-
budget surplus for the period comprising either--
          (A) the current year, the budget year, and the four 
        years following that budget year; or
          (B) the current year, the budget year, and the nine 
        years following that budget year.
    (2) The effect of such measure on the deficit or surplus 
shall be determined on the basis of estimates made by the 
Committee on the Budget relative to baseline estimates supplied 
by the Congressional Budget Office consistent with section 257 
of the Balanced Budget and Emergency Deficit Control Act of 
1985 and consistent with sections 3(4), 3(8), and 4(c) of the 
Statutory Pay-As-You-Go Act of 2010.
    (3) For the purpose of this clause, the terms `budget 
year,' `current year,' and `direct spending' have the meanings 
specified in section 250 of the Balanced Budget and Emergency 
Deficit Control Act of 1985, except that the term `direct 
spending' shall also include provisions in appropriation Acts 
that make outyear modifications to substantive law as described 
in section 3(4)(C) of the Statutory Pay-As-You-Go Act of 2010.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 458

    Date: July 01, 2010.
    Measure: Senate amendment to H.R. 4899.
    Motion by: Mr. Dreier.
    Summary of motion: to report a rule which provides for a 
motion to concur in the Senate amendment without further 
amendment to ensure our military has the needed funds to 
support our men and women on the front lines,
    Results: Defeated 2-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Perlmutter--Nay; Pingree--Nay; 
Polis--Nay; Dreier--Yea; Foxx--Yea; Slaughter--Nay.

         SUMMARY OF AMENDMENT NO. 1 TO BE CONSIDERED AS ADOPTED

    The amendment pays for settlement of the Cobell v. Salazar 
and Pigford v. Vilsack class action lawsuits. Second, the 
amendment will allow local Workforce Investment Boards to 
expand youth jobs programs that were funded in the American 
Recovery and Reinvestment Act and support over 350,000 jobs for 
youth ages 14 to 24 through youth employment programs. The 
amendment would make two changes to title IV, the ``Surface 
Transportation Extension Act of 2010,'' of the Hiring 
Incentives to Restore Employment (HIRE) Act. First, it would 
distribute the Projects of National and Regional Significance 
(PNRS) and National Corridor Infrastructure Improvement 
(National Corridor) program funding so that each State receives 
a share equal to the greater of either (1) the amount of PNRS 
and National Corridor program funding that the State received 
under the HIRE Act or (2) the amount of PNRS and National 
Corridor funding that the State receives under this Act. The 
provision authorizes such sums as may be necessary from the 
Highway Trust Fund to provide these amounts. Second, the 
amendment would distribute ``additional'' highway formula funds 
(which the bill makes available in lieu of additional 
congressionally-designated projects) among all of the highway 
formula programs rather than among just six formula programs. 
Third, the amendment incorporates the President's 2011 Budget 
proposal to require a minimum 10-year term for Grantor-Retained 
Annuity Trusts. It also would require that the value of the 
remainder interest must be greater than zero and that the 
annuity not decrease during the first 10 years of the GRAT 
term. Finally, in 2008, Congress enacted a $1.01 per gallon tax 
credit for the production of biofuel from cellulosic feedstocks 
in order to encourage the development of new production 
capacity for biofuels that are not derived from food source 
materials. This provision would limit eligibility for the tax 
credit to fuels that are not highly corrosive.

             SUMMARY OF AMENDMENT NO. 2 TO BE MADE IN ORDER

    Obey: The amendment adds $10 billion for an Education Jobs 
Fund, $4.95 billion for Pell Grants, $701 million for border 
security, $180 million for innovative technology energy loans, 
$163 million for schools on military installations, $142 
million in additional Gulf Coast oil spill funding, $50 million 
in emergency food assistance, and $16.5 million to build a new 
soldier processing center at Fort Hood. In order to hold the 
total amount to the President's requested level over a ten-year 
period, the amendment includes $11.7 billion in rescissions 
from programs that no longer require the funding, have 
sufficient funds on hand, or do not need the funding this year 
or next, and $4.7 billion in savings from changes to mandatory 
programs. In total, the amendment saves the Federal Government 
$493 million over ten years compared to the President's 
request. The amendment also provides $538 million for program 
integrity investments that are proven to produce 1\1/2\ times 
that in savings.

             SUMMARY OF AMENDMENT NO. 3 TO BE MADE IN ORDER

    The amendment would strike military funding for Afghanistan 
from the bill.

             SUMMARY OF AMENDMENT NO. 4 TO BE MADE IN ORDER

    Lee (CA): The amendment would begin to end the war in 
Afghanistan by preventing an escalation of troops in 
Afghanistan and by limiting funding to the safe withdrawal of 
troops from Afghanistan.

             SUMMARY OF AMENDMENT NO. 5 TO BE MADE IN ORDER

    McGovern-Obey-Jones (NC): The amendment would require the 
president to present Congress with 1) a new National 
Intelligence Estimate on Afghanistan by January 31, 2011 and 2) 
a plan by April 4, 2011 on the safe, orderly and expeditious 
redeployment of U.S. troops from Afghanistan, including a 
timeframe for the completion of the redeployment. The amendment 
also requires Congress to vote by July 2011 if it wants to 
allow the obligation and expenditure of funds for Afghanistan 
in a manner that is not consistent with the president's 
announced policy of December 2009 to begin to drawdown troops 
by July 2011. The amendment also requires quarterly reports to 
Congress on the status of the plan submitted to Congress and 
strengthens and expands oversight of private contractors in 
Afghanistan to deal more effectively with corruption, waste, 
fraud and abuse. Last, the amendment clarifies that no part of 
the amendment shall limit the president's ability to attack al 
Qaeda, gather and share intelligence with allies in Afghanistan 
and Pakistan, or modify U.S. military strategy on-the-ground 
over the period of redeployment.

                           TEXT OF AMENDMENTS

          Text of Amendment No. 1 To Be Considered as Adopted

  In the matter proposed to be inserted by the Senate amendment 
to the text of the bill, insert before the short title at the 
end the following:

                       TITLE V--OTHER PROVISIONS

          Subtitle A--Settlements and Other Program Provisions

SEC. 5001. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM 
                    IN RE BLACK FARMERS DISCRIMINATION LITIGATION.

  (a) Definitions.--In this section:
          (1) Settlement agreement.--The term ``Settlement 
        Agreement'' means the settlement agreement dated 
        February 18, 2010 (including any modifications agreed 
        to by the parties and approved by the court under that 
        agreement) between certain plaintiffs, by and through 
        their counsel, and the Secretary of Agriculture to 
        resolve, fully and forever, the claims raised or that 
        could have been raised in the cases consolidated in In 
        re Black Farmers Discrimination Litigation, No. 08-511 
        (D.D.C.), including Pigford claims asserted under 
        section 14012 of the Food, Conservation, and Energy Act 
        of 2008 (Public Law 110-246; 122 Stat. 2209).
          (2) Pigford claim.--The term ``Pigford claim'' has 
        the meaning given that term in section 14012(a)(3) of 
        the Food, Conservation, and Energy Act of 2008 (Public 
        Law 110-246; 122 Stat. 2210).
  (b) Appropriation of Funds.--There is hereby appropriated to 
the Secretary of Agriculture $1,150,000,000, to remain 
available until expended, to carry out the terms of the 
Settlement Agreement if the Settlement Agreement is approved by 
a court order that is or becomes final and nonappealable. The 
funds appropriated by this subsection are in addition to the 
$100,000,000 of funds of the Commodity Credit Corporation made 
available by section 14012(i) of the Food, Conservation, and 
Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212) and 
shall be available for obligation only after those Commodity 
Credit Corporation funds are fully obligated. If the Settlement 
Agreement is not approved as provided in this subsection, the 
$100,000,000 of funds of the Commodity Credit Corporation made 
available by section 14012(i) of the Food, Conservation, and 
Energy Act of 2008 shall be the sole funding available for 
Pigford claims.
  (c) Use of Funds.--The use of the funds appropriated by 
subsection (b) shall be subject to the express terms of the 
Settlement Agreement.
  (d) Treatment of Remaining Funds.--If any of the funds 
appropriated by subsection (b) are not obligated and expended 
to carry out the Settlement Agreement, the Secretary of 
Agriculture shall return the unused funds to the Treasury and 
may not make the unused funds available for any purpose related 
to section 14012 of the Food, Conservation, and Energy Act of 
2008, for any other settlement agreement executed in In re 
Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.), 
or for any other purpose.
  (e) Rules of Construction.--Nothing in this section shall be 
construed as requiring the United States, any of its officers 
or agencies, or any other party to enter into the Settlement 
Agreement or any other settlement agreement. Nothing in this 
section shall be construed as creating the basis for a Pigford 
claim.
  (f) Conforming Amendments.--Section 14012 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 
Stat. 2209) is amended--
          (1) in subsection (c)(1)--
                  (A) by striking ``subsection (h)'' and 
                inserting ``subsection (g)''; and
                  (B) by striking ``subsection (i)'' and 
                inserting ``subsection (h)'';
          (2) by striking subsection (e);
          (3) in subsection (g), by striking ``subsection (f)'' 
        and inserting ``subsection (e)'';
          (4) in subsection (i)--
                  (A) by striking ``(1) In general.--Of the 
                funds'' and inserting ``Of the funds''; and
                  (B) by striking paragraph (2);
          (5) by striking subsection (j); and
          (6) by redesignating subsections (f), (g), (h), (i), 
        and (k) as subsections (e), (f), (g), (h), and (i), 
        respectively.

SEC. 5002. EMPLOYMENT FOR YOUTH.

  There is appropriated, out of any funds in the Treasury not 
otherwise appropriated, for an additional amount for 
``Department of Labor--Employment and Training Administration--
Training and Employment Services'' for activities under the 
Workforce Investment Act of 1998 (``WIA''), $1,000,000,000 
shall be available for obligation on the date of enactment of 
this Act for grants to States for youth activities, including 
employment for youth: Provided, That no portion of such funds 
shall be reserved to carry out section 127(b)(1)(A) of the WIA: 
Provided further, That for purposes of section 127(b)(1)(C)(iv) 
of the WIA, funds available for youth activities shall be 
allotted as if the total amount available for youth activities 
in the fiscal year does not exceed $1,000,000,000: Provided 
further, That with respect to the youth activities provided 
with such funds, section 101(13)(A) of the WIA shall be applied 
by substituting ``age 24'' for ``age 21'': Provided further, 
That the work readiness performance indicator described in 
section 136(b)(2)(A)(ii)(I) of the WIA shall be the only 
measure of performance used to assess the effectiveness of 
employment for youth provided with such funds: Provided 
further, That an amount that is not more than 1 percent of such 
amount may be used for the administration, management, and 
oversight of the programs, activities, and grants carried out 
with such funds, including the evaluation of the use of such 
funds: Provided further, That funds available under the 
preceding proviso, together with funds described in section 
801(a) of division A of the American Recovery and reinvestment 
Act of 2009 (Public Law 111-5), and funds provided in such Act 
under the heading ``Department of Labor-Departmental 
Management-Salaries and Expenses'', shall remain available for 
obligation through September 30, 2011.

SEC. 5003. THE INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT 
                    ACT OF 2010.

  (a) Short Title.--This section may be cited as the 
``Individual Indian Money Account Litigation Settlement Act of 
2010''.
  (b) Definitions.--In this section:
          (1) Amended complaint.--The term ``Amended 
        Complaint'' means the Amended Complaint attached to the 
        Settlement.
          (2) Land consolidation program.--The term ``Land 
        Consolidation Program'' means a program conducted in 
        accordance with the Settlement and the Indian Land 
        Consolidation Act (25 U.S.C. 2201 et seq.) under which 
        the Secretary may purchase fractional interests in 
        trust or restricted land.
          (3) Litigation.--The term ``Litigation'' means the 
        case entitled Elouise Cobell et al. v. Ken Salazar et 
        al., United States District Court, District of 
        Columbia, Civil Action No. 96-1285 (JR).
          (4) Plaintiff.--The term ``Plaintiff'' means a member 
        of any class certified in the Litigation.
          (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (6) Settlement.--The term ``Settlement'' means the 
        Class Action Settlement Agreement dated December 7, 
        2009, in the Litigation, as modified by the parties to 
        the Litigation.
          (7) Trust administration class.--The term ``Trust 
        Administration Class'' means the Trust Administration 
        Class as defined in the Settlement.
  (c) Purpose.--The purpose of this section is to authorize the 
Settlement.
  (d) Authorization.--The Settlement is authorized, ratified, 
and confirmed.
  (e) Jurisdictional Provisions.--
          (1) In general.--Notwithstanding the limitation of 
        jurisdiction of district courts contained in section 
        1346(a)(2) of title 28, United States Code, the United 
        States District Court for the District of Columbia 
        shall have jurisdiction over the claims asserted in the 
        Amended Complaint for purposes of the Settlement.
          (2) Certification of trust administration class.--
                  (A) In general.--Notwithstanding the 
                requirements of the Federal Rules of Civil 
                Procedure, the court overseeing the Litigation 
                may certify the Trust Administration Class.
                  (B) Treatment.--On certification under 
                subparagraph (A), the Trust Administration 
                Class shall be treated as a class under Federal 
                Rule of Civil Procedure 23(b)(3) for purposes 
                of the Settlement.
  (f) Trust Land Consolidation.--
          (1) Trust land consolidation fund.--
                  (A) Establishment.--On final approval (as 
                defined in the Settlement) of the Settlement, 
                there shall be established in the Treasury of 
                the United States a fund, to be known as the 
                ``Trust Land Consolidation Fund''.
                  (B) Availability of amounts.--Amounts in the 
                Trust Land Consolidation Fund shall be made 
                available to the Secretary during the 10-year 
                period beginning on the date of final approval 
                of the Settlement--
                          (i) to conduct the Land Consolidation 
                        Program; and
                          (ii) for other costs specified in the 
                        Settlement.
                  (C) Deposits.--
                          (i) In general.--On final approval 
                        (as defined in the Settlement) of the 
                        Settlement, the Secretary of the 
                        Treasury shall deposit in the Trust 
                        Land Consolidation Fund $2,000,000,000 
                        of the amounts appropriated by section 
                        1304 of title 31, United States Code.
                          (ii) Conditions met.--The conditions 
                        described in section 1304 of title 31, 
                        United States Code, shall be considered 
                        to be met for purposes of clause (i).
                  (D) Transfers.--In a manner designed to 
                encourage participation in the Land 
                Consolidation Program, the Secretary may 
                transfer, at the discretion of the Secretary, 
                not more than $60,000,000 of amounts in the 
                Trust Land Consolidation Fund to the Indian 
                Education Scholarship Holding Fund established 
                under paragraph 2.
          (2) Indian education scholarship holding fund.--
                  (A) Establishment.--On the final approval (as 
                defined in the Settlement) of the Settlement, 
                there shall be established in the Treasury of 
                the United States a fund, to be known as the 
                ``Indian Education Scholarship Holding Fund''.
                  (B) Availability.--Notwithstanding any other 
                provision of law governing competition, public 
                notification, or Federal procurement or 
                assistance, amounts in the Indian Education 
                Scholarship Holding Fund shall be made 
                available, without further appropriation, to 
                the Secretary to contribute to an Indian 
                Education Scholarship Fund, as described in the 
                Settlement, to provide scholarships for Native 
                Americans.
          (3) Acquisition of trust or restricted land.--The 
        Secretary may acquire, at the discretion of the 
        Secretary and in accordance with the Land Consolidation 
        Program, any fractional interest in trust or restricted 
        land.
          (4) Treatment of unlocatable plaintiffs.--A Plaintiff 
        the whereabouts of whom are unknown and who, after 
        reasonable efforts by the Secretary, cannot be located 
        during the 5 year period beginning on the date of final 
        approval (as defined in the Settlement) of the 
        Settlement shall be considered to have accepted an 
        offer made pursuant to the Land Consolidation Program.
  (g) Taxation and Other Benefits.--
          (1) Internal revenue code.--For purposes of the 
        Internal Revenue Code of 1986, amounts received by an 
        individual Indian as a lump sum or a periodic payment 
        pursuant to the Settlement--
                  (A) shall not be included in gross income; 
                and
                  (B) shall not be taken into consideration for 
                purposes of applying any provision of the 
                Internal Revenue Code of 1986 that takes into 
                account excludable income in computing adjusted 
                gross income or modified adjusted gross income, 
                including section 86 of that Code (relating to 
                Social Security and tier 1 railroad retirement 
                benefits).
          (2) Other benefits.--Notwithstanding any other 
        provision of law, for purposes of determining initial 
        eligibility, ongoing eligibility, or level of benefits 
        under any Federal or federally assisted program, 
        amounts received by an individual Indian as a lump sum 
        or a periodic payment pursuant to the Settlement shall 
        not be treated for any household member, during the 1-
        year period beginning on the date of receipt--
                  (A) as income for the month during which the 
                amounts were received; or
                  (B) as a resource.

SEC. 5004. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED SURFACE 
                    TRANSPORTATION PROGRAMS.

  (a) Modification of Allocation Rules.--Section 411(d) of the 
Surface Transportation Extension Act of 2010 (Public Law 111-
147; 124 Stat. 80) is amended--
          (1) in paragraph (1)--
                  (A) in the matter preceding subparagraph 
                (A)--
                          (i) by striking ``1301, 1302,''; and
                          (ii) by striking ``1198, 1204,''; and
                  (B) in subparagraph (A)--
                          (i) in the matter preceding clause 
                        (i) by striking ``apportioned under 
                        sections 104(b) and 144 of title 23, 
                        United States Code,'' and inserting 
                        ``specified in section 105(a)(2) of 
                        title 23, United States Code (except 
                        the high priority projects program),''; 
                        and
                          (ii) in clause (ii) by striking 
                        ``apportioned under such sections of 
                        such Code'' and inserting ``specified 
                        in such section 105(a)(2) (except the 
                        high priority projects program)'';
          (2) in paragraph (2)--
                  (A) in the matter preceding subparagraph 
                (A)--
                          (i) by striking ``1301, 1302,''; and
                          (ii) by striking ``1198, 1204,''; and
                  (B) in subparagraph (A)--
                          (i) in the matter preceding clause 
                        (i) by striking ``apportioned under 
                        sections 104(b) and 144 of title 23, 
                        United States Code,'' and inserting 
                        ``specified in section 105(a)(2) of 
                        title 23, United States Code (except 
                        the high priority projects program),''; 
                        and
                          (ii) in clause (ii) by striking 
                        ``apportioned under such sections of 
                        such Code'' and inserting ``specified 
                        in such section 105(a)(2) (except the 
                        high priority projects program)''; and
          (3) by adding at the end the following:
          ``(5) Projects of national and regional significance 
        and national corridor infrastructure improvement 
        programs.--
                  ``(A) Redistribution among states.--
                Notwithstanding sections 1301(m) and 1302(e) of 
                SAFETEA-LU (119 Stat. 1202 and 1205), the 
                Secretary shall apportion funds authorized to 
                be appropriated under subsection (b) for the 
                projects of national and regional significance 
                program and the national corridor 
                infrastructure improvement program among all 
                States such that each State's share of the 
                funds so apportioned is equal to the State's 
                share for fiscal year 2009 of funds apportioned 
                or allocated for the programs specified in 
                section 105(a)(2) of title 23, United States 
                Code.
                  ``(B) Distribution among programs.--Funds 
                apportioned to a State pursuant to subparagraph 
                (A) shall be--
                          ``(i) made available to the State for 
                        the programs specified in section 
                        105(a)(2) of title 23, United States 
                        Code (except the high priority projects 
                        program), and in the same proportion 
                        for each such program that--
                                  ``(I) the amount apportioned 
                                to the State for that program 
                                for fiscal year 2009; bears to
                                  ``(II) the amount apportioned 
                                to the State for fiscal year 
                                2009 for all such programs; and
                          ``(ii) administered in the same 
                        manner and with the same period of 
                        availability as funding is administered 
                        under programs identified in clause 
                        (i).''.
  (b) Expenditure Authority From Highway Trust Fund.--Paragraph 
(1) of section 9503(c) of the Internal Revenue Code of 1986 is 
amended by striking ``Surface Transportation Extension Act of 
2010'' and inserting ``Supplemental Appropriations Act, 2010''.
  (c) Effective Date.--The amendments made by this section 
shall take effect upon the date of enactment of the Surface 
Transportation Extension Act of 2010 (Public Law 111-147; 124 
Stat. 78 et seq.) and shall be treated as being included in 
that Act at the time of the enactment of that Act.
  (d) Savings Clause.--
          (1) In general.--For fiscal year 2010 and for the 
        period beginning on October 1, 2010, and ending on 
        December 31, 2010, the amount of funds apportioned to 
        each State under section 411(d) of the Surface 
        Transportation Extension Act of 2010 (Public Law 111-
        147) that is determined by the amount that the State 
        received or was authorized to receive for fiscal year 
        2009 to carry out the projects of national and regional 
        significance program and national corridor 
        infrastructure improvement program shall be the greater 
        of--
                  (A) the amount that the State was authorized 
                to receive under section 411(d) of the Surface 
                Transportation Extension Act of 2010 with 
                respect to each such program according to the 
                provisions of that Act, as in effect on the day 
                before the date of enactment of this Act; or
                  (B) the amount that the State is authorized 
                to receive under section 411(d) of the Surface 
                Transportation Extension Act of 2010 with 
                respect to each such program pursuant to the 
                provisions of that Act, as amended by the 
                amendments made by this section.
          (2) Obligation authority.--For fiscal year 2010, the 
        amount of obligation authority distributed to each 
        State shall be the greater of--
                  (A) the amount that the State was authorized 
                to receive pursuant to section 120(a)(4)(A) (as 
                it pertains to the Appalachian Development 
                Highway System program) of title I of division 
                A of the Consolidated Appropriations Act, 2010 
                (Public Law 111-117) and sections 120(a)(4)(B) 
                and 120(a)(6) of such title, as of the day 
                before the date of enactment of this Act; or
                  (B) the amount that the State is authorized 
                to receive pursuant to section 120(a)(4)(A) (as 
                it pertains to the Appalachian Development 
                Highway System program) of title I of division 
                A of the Consolidated Appropriations Act, 2010 
                (Public Law 111-117) and sections 120(a)(4)(B) 
                and 120(a)(6) of such title, as of the date of 
                enactment of this Act.
          (3) Authorization of appropriations.--There is 
        authorized to be appropriated out of the Highway Trust 
        Fund (other than the Mass Transit Account) such sums as 
        may be necessary to carry out this subsection.
          (4) Increase in obligation limitation.--The 
        limitation under the heading ``Federal-aid Highways 
        (Limitation on Obligations) (Highway Trust Fund)'' in 
        Public Law 111-117 is increased by such sums as may be 
        necessary to carry out this subsection.
          (5) Contract authority.--Funds made available to 
        carry out this subsection shall be available for 
        obligation and administered in the same manner as if 
        such funds were apportioned under chapter 1 of title 
        23, United States Code.
          (6) Amounts.--The dollar amount specified in section 
        105(d)(1) of title 23, United States Code, the dollar 
        amount specified in section 120(a)(4)(B) of title I of 
        division A of the Consolidated Appropriations Act, 2010 
        (Public Law 111-117), and the dollar amount specified 
        in section 120(b)(10) of such title shall each be 
        increased as necessary to carry out this subsection.

                     Subtitle B--Revenue Provisions

SEC. 5101. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED 
                    ANNUITY TRUSTS.

  (a) In General.--Subsection (b) of section 2702 of the 
Internal Revenue Code of 1986 is amended--
          (1) by redesignating paragraphs (1), (2) and (3) as 
        subparagraphs (A), (B), and (C), respectively, and by 
        moving such subparagraphs (as so redesignated) 2 ems to 
        the right,
          (2) by striking ``For purposes of'' and inserting the 
        following:
          ``(1) In general.--For purposes of'', and
          (3) by striking ``paragraph (1) or (2)'' in paragraph 
        (1)(C) (as so redesignated) and inserting 
        ``subparagraph (A) or (B)'', and
          (4) by adding at the end the following new paragraph:
          ``(2) Additional requirements with respect to grantor 
        retained annuities.--For purposes of subsection (a), in 
        the case of an interest described in paragraph (1)(A) 
        (determined without regard to this paragraph) which is 
        retained by the transferor, such interest shall be 
        treated as described in such paragraph only if--
                  ``(A) the right to receive the fixed amounts 
                referred to in such paragraph is for a term of 
                not less than 10 years,
                  ``(B) such fixed amounts, when determined on 
                an annual basis, do not decrease relative to 
                any prior year during the first 10 years of the 
                term referred to in subparagraph (A), and
                  ``(C) the remainder interest has a value 
                greater than zero determined as of the time of 
                the transfer.''.
  (b) Effective Date.--The amendments made by this section 
shall apply to transfers made after the date of the enactment 
of this Act.

SEC. 5102. CRUDE TALL OIL INELIGIBLE FOR CELLULOSIC BIOFUEL PRODUCER 
                    CREDIT.

  (a) In General.--Clause (iii) of section 40(b)(6)(E) of the 
Internal Revenue Code of 1986 is amended--
          (1) by striking ``or'' at the end of subclause (I),
          (2) by striking the period at the end of subclause 
        (II) and inserting ``, or'',
          (3) by adding at the end the following new subclause:
                                  ``(III) such fuel has an acid 
                                number greater than 25.'', and
          (4) by striking ``unprocessed'' in the heading and 
        inserting ``certain''.
  (b) Effective Date.--The amendment made by this section shall 
apply to fuels sold or used on or after January 1, 2010.

SEC. 5103. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

  The percentage under paragraph (2) of section 561 of the 
Hiring Incentives to Restore Employment Act in effect on the 
date of the enactment of this Act is increased by 5.25 
percentage points.

                    Subtitle C--Budgetary Provisions

SEC. 5201. BUDGETARY PROVISIONS.

  (a) Statutory Paygo.--The budgetary effects of this Act, for 
the purpose of complying with the Statutory Pay-As-You-Go-Act 
of 2010, shall be determined by reference to the latest 
statement titled ``Budgetary Effects of PAYGO Legislation'' for 
this Act, jointly submitted for printing in the Congressional 
Record by the Chairmen of the House and Senate Budget 
Committees, provided that such statement has been submitted 
prior to the vote on passage in the House acting first on this 
conference report or amendment between the Houses.
  (b) Exclusion From Paygo.--
          (1) Savings in this Act that would be subject to 
        inclusion in the Statutory Pay-As-You-Go scorecards are 
        providing an offset to increased discretionary 
        spending. As such, they should not be available on the 
        scorecards maintained by the Office of Management and 
        Budget to provide offsets for future legislation.
          (2) The Director of the Office of Management and 
        Budget shall not include any net savings resulting from 
        the changes in direct spending or revenues contained in 
        this Act on the scorecards required to be maintained by 
        OMB under the Statutory Pay-As-You-Go Act of 2010.
                              ----------                              


                        Text of Amendment No. 2

  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 efficient 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, instrumentality, 
personnel, or affiliated entity are expected to be used 
(directly or indirectly) through acquisitions, contracts, 
demonstrations, exchanges, grants, incentives, leases, 
procurements, sales, other transaction authority, or other 
arrangements, to support the project or to obtain goods or 
services from the project: Provided further, That the previous 
proviso shall not be interpreted as precluding the use of the 
loan guarantee authority in this paragraph for commitments to 
guarantee loans for projects as a result of such projects 
benefitting from (1) otherwise allowable Federal income tax 
benefits; (2) being located on Federal land pursuant to a lease 
or right-of-way agreement for which all consideration 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 programs, 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 
Tennessee Valley Authority that have been authorized, approved, 
and financed independent of the project receiving the 
guarantee: Provided further, That none of the loan guarantee 
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 appropriated in this paragraph may 
be used to reimburse obligations incurred for the purposes 
provided herein prior to enactment of this Act.

                    DEPARTMENT OF HOMELAND SECURITY


                   U.S. Customs and Border Protection


                         salaries and expenses

  For an additional amount for ``Salaries and Expenses'', 
$356,900,000, to remain available until September 30, 2012, of 
which $78,000,000 shall be for costs to maintain 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 deployment 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 Fencing, 
Infrastructure, and Technology,'' $14,000,000, to remain 
available until September 30, 2011, for costs of designing, 
building, and deploying tactical communications for support of 
enforcement activities on the Southwest Border of the United 
States.

 air and marine interdiction, operations, maintenance, and procurement

  For an additional amount for ``Air and Marine Interdiction, 
Operations, Maintenance, and Procurement'', $32,000,000, to 
remain available until September 30, 2012, for costs of 
acquisition and deployment of unmanned aircraft systems.

                 construction and facilities management

  For an additional amount for ``Construction and Facilities 
Management'', $9,000,000, to remain available until September 
30, 2011, for costs to construct up to three forward 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 Programs'', 
$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 Expenses'', 
$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 
                Secretary of Education (in this heading 
                referred to as the ``Secretary'') in accordance 
                with subsections (a), (b), (d), (e), and (f) of 
                section 14001 of division A of Public Law 111-5 
                and subparagraph (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 percent 
                to the Secretary of the Interior for schools 
                operated or funded by the Bureau of Indian 
                Affairs 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 allocation 
        of funds appropriated under this heading may reserve 
        not more than 2 percent for the administrative costs of 
        carrying out its responsibilities with respect to those 
        funds.
          (3) Awards to local educational agencies.--
                  (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 
                education in accordance with paragraph (5) for 
                the 2010-2011 school year (or, in the case of 
                reallocations made under section 14001(f) of 
                division 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 Education 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 assurances.--For 
        purposes of awarding funds appropriated under this 
        heading, any State that has an approved 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 paragraph (3)--
                  (A) may be used only for compensation and 
                benefits and other expenses, such as support 
                services, necessary to retain existing 
                employees, to recall or rehire former 
                employees, and to hire new employees, in order 
                to provide early childhood, elementary, or 
                secondary educational and related services; and
                  (B) may not be used for ``general 
                administrative 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 enactment of this Act.
          (6) Prohibition on use of funds for rainy-day funds 
        or debt retirement.--A State that receives 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 
                incurred by the State; or
                  (D) supplant State funds in a manner that has 
                the effect of reducing or retiring debt 
                obligations 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 information in 
        applications beyond what is necessary to determine 
        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 application, 
        the Secretary shall provide for funds allocated 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 support of 
        elementary and secondary education, under such terms 
        and conditions as the Secretary may establish, provided 
        that all terms and conditions that apply to funds 
        appropriated under this heading shall apply to such 
        funds distributed to such entity or entities. No 
        distribution shall be made to a State under this 
        paragraph, however, unless the Secretary has determined 
        (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, notwithstanding 
        the lack of an application from the Governor of that 
        State.
          (9) Local educational agency application.--Section 
        442 of the General Education Provisions Act shall not 
        apply to a local educational agency 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 application 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 education (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 
                        elementary 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 
                        provided for each of the two 
                        categories, respectively, 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 calendar 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 development or tuition and 
                        fees paid by students)--
                                  (I) at not less than the 
                                level of such support for each 
                                of the two categories, 
                                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 
                appropriated 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 
                educational agencies' relative shares of funds 
                under part A of title I of the Elementary and 
                Secondary 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 
                distributed 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 
                support for elementary and secondary education 
                at a percentage of the total revenues available 
                to the State that is equal to or greater than 
                the percentage provided for such purpose for 
                fiscal year 2011 prior to the enactment of this 
                Act.
                  (C) Notwithstanding paragraph (8), no 
                distribution shall be made to the State of 
                Texas or local education agencies therein 
                unless the Governor of Texas makes an assurance 
                to the Secretary that the requirements in 
                paragraphs (11)(A) and (11)(B) will be met, 
                notwithstanding the lack of an application from 
                the Governor of Texas.

                      Student Financial Assistance

  For an additional amount for ``Student Financial 
Assistance'', $4,950,000,000, to remain available through 
September 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 heading.

                         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 emergency 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 Assistance 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 concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 
1985.

                              (RESCISSION)

  Sec. 4103. There is rescinded from accounts under the heading 
``Department of Agriculture--Rural Development'', $122,000,000, 
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 
concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                              (RESCISSION)

  Sec. 4104. Of the funds made available for ``Department of 
Agriculture--Rural Utilities Service--Distance Learning, 
Telemedicine, and Broadband Program'' in title I of division A 
of Public Law 111-5 (123 Stat. 118), $300,000,000 is rescinded.

                              (RESCISSION)

  Sec. 4105.  There is rescinded from accounts under the 
heading ``Department of Agriculture--Food and Nutrition 
Service--Special Supplemental Nutrition Program for Women, 
Infants, and Children (WIC)'', $361,825,000, to be derived from 
unobligated balances available from amounts placed in reserve 
in title I of division A of Public Law 111-5 (123 Stat. 115).

                              (RESCISSION)

  Sec. 4106. Of the unobligated balances available for 
``Department of Agriculture--Food and Nutrition Service--
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 heading 
``Department of Commerce--National Institute of Standards and 
Technology--Construction of Research Facilities'' 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 ``Department of 
Commerce--National Telecommunications and Information 
Administration--Broadband Technology Opportunities 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 Department of 
Justice for necessary expenses for increased law enforcement 
activities related to Southwest border enforcement, 
$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, Construction'', 
        $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 
        Expenses'', $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 another 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 September 
        1, 2010;
          (3) the Secretary of Defense may submit the report 
        identified in section 2306b(l)(4) of title 10, United 
        States Code, to the congressional defense committees 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 satisfy, 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 authorized 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 assessment of such 
programs and the proposals of all bidders to determine whether 
or not the costs are realistic and reasonable with respect to 
expected industry development and production 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 manufacturing jobs, supported or lost in 
the United States of America: Provided further, That jobs 
supported or lost shall be measured as full time equivalent 
personnel: Provided further, 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 committees 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 Adjustment, 
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 Program'' 
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 Department 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 Reserve, 
        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 American 
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 Reserve, 
        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 
Appropriations Act, 2008 (Public Law 110-252), the following 
funds are rescinded from the following account in the specified 
amount:
          ``Procurement, Marine Corps, 2008/2010'', 
        $177,180,000.

             (including transfer of funds and rescissions)

  Sec. 4116. (a) In addition to amounts provided elsewhere in 
this Act, there is appropriated $163,000,000 for an additional 
amount for ``Operation and Maintenance, Defense-Wide'', to 
remain available until expended: Provided, That such funds 
shall only be available to the Secretary of Defense, acting 
through the Office of Economic Adjustment of the Department of 
Defense, or for transfer to the Secretary of Education, 
notwithstanding any other provision of law, to make grants, 
conclude cooperative agreements, or supplement other Federal 
funds to construct, renovate, repair, or expand elementary and 
secondary public schools on military installations in order to 
address capacity or facility condition deficiencies at such 
schools: Provided further, That in making such funds available, 
the Office of Economic Adjustment or the Secretary of Education 
shall give priority consideration to those military 
installations with schools having the most serious capacity or 
facility 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 rescinded.
  (2) Of the funds appropriated under the heading ``Operation 
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 Contribution.--
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 
                appropriations under subparagraph (A) and one 
                or more payments from the borrower under 
                subparagraph (B) has been made that is 
                sufficient to cover the cost of the guarantee.
          ``(2) Limitation.--The source of payments received 
        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 Secretary, 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 exceed $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 requirement (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 contrary 
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 following:
  ``(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.--Section 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 Energy 
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 recipients 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 Secretary to pay, all 
        fees and expenses of agents, consultants, and 
        professional advisors retained by the Secretary in 
        connection with activities authorized under this 
        section.''.

                             (RESCISSIONS)

  Sec. 4118. There are rescinded the following amounts from the 
specified accounts:
          (1) $35,000,000, to be derived from unobligated 
        balances made available under ``Mississippi River and 
        Tributaries'' in Public Law 110-329.
          (2) $4,874,037, to be derived from unobligated 
        balances made available under ``Flood Control and 
        Coastal Emergencies'' in Public Law 109-234.
          (3) $5,005,400, to be derived from unobligated 
        balances made available under ``Flood Control and 
        Coastal Emergencies'' in title V of Public Law 110-28.
          (4) $2,199,629, to be derived from unobligated 
        balances made available under ``Construction'' in 
        Public Law 109-148.

                             (RESCISSIONS)

  Sec. 4119.  (a) There are rescinded the following amounts 
from the specified accounts:
          (1) $150,000,000, to be derived from unobligated 
        balances of funds made available under the heading 
        ``Corps of Engineers, Civil--Construction'' in prior 
        appropriations Acts (other than Public Law 111-5) for 
        projects and activities authorized under section 205 of 
        the Flood Control Act of 1948, section 1135 of the 
        Water Resources Development Act of 1986, and section 
        206 of the Water Resources Act of 1996.
          (2) $40,000,000, to be derived from unobligated 
        balances of funds made available under the heading 
        ``Corps of Engineers, Civil--Construction'' in prior 
        appropriations Acts, other than funds designated by the 
        Congress as an emergency requirement pursuant to a 
        concurrent resolution on the budget or the Balanced 
        Budget and Emergency Deficit Control Act of 1985.
  (b) Section 3002 shall not apply to amounts in this section.

                             (RESCISSIONS)

  Sec. 4120.  (a) There are rescinded the following amounts 
from the specified accounts:
          (1) $78,000,000, to be derived from unobligated 
        balances of funds made available under the heading 
        ``Department of Energy--Energy Efficiency and Renewable 
        Energy'' in division C of Public Law 111-8 and Public 
        Law 111-85 for biomass and biorefinery research, 
        development, and demonstration.
          (2) $71,000,000, to be derived from unobligated 
        balances of funds made available in prior 
        appropriations Acts under the heading ``Department of 
        Energy--Strategic Petroleum Reserve'', including 
        $14,493,000 provided in Public Law 110-161 for new site 
        land acquisition activities; $31,507,000 provided in 
        Public Law 111-8 for new site expansion activities, 
        beyond land acquisition; and $25,000,000 provided in 
        Public Law 111-85.
          (3) $20,000,000, to be derived from unobligated 
        balances of funds made available in prior 
        appropriations Acts under the heading ``Department of 
        Energy--Nuclear Energy''.
  (b) Section 3002 shall not apply to amounts in this section.

                              (RESCISSION)

  Sec. 4121. Of the unobligated balances of funds provided 
under the heading ``Nuclear Regulatory Commission'' in prior 
appropriations Acts, $18,000,000 is permanently rescinded: 
Provided, That section 3002 shall not apply to the amount in 
this section.

                              (RESCISSION)

  Sec. 4122. From unobligated balances of prior year 
appropriations made available to ``Domestic Nuclear Detection 
Office--Systems Acquisition'', $50,000,000 is rescinded: 
Provided, That section 3002 shall not apply to the amount in 
this section.
  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 prepared by 
the Administrator of General Services in consultation with the 
Director of the Federal Bureau of Investigation, and each 
strategy described in the report shall contain, at a minimum, 
an estimated cost, a financing and development plan, a 
budgetary and financial impact analysis, a procurement and 
implementation plan, an analysis of security and information 
technology issues specific to the Federal 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 Activities--Federal 
Building Fund'', $75,000,000 from Rental of Space and 
$25,000,000 from Building Operations, to be derived from 
unobligated balances that were provided in previous 
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 available 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 environmental 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 maintenance activities related to border 
security.
  (b) Uses of funds authorized by this section include 
acquisition of land or interests in land that will, in the 
judgment 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 Secretaries.
  (d) Not later than September 30, 2010, and on an annual basis 
thereafter, the Secretary of the Interior shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report that describes in detail 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 Security 
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 Operations'' 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 Detection 
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 Border 
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 assistance, 
including direct Federal assistance provided under sections 
403, 406, and 407 of the Robert T. Stafford Disaster 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 Resources'' 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 division 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 Research'' 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 Account'' 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 ``Environmental 
Protection Agency--Hazardous Substance Superfund'' 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 ``Environmental 
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, ``Environmental 
Protection Agency--Environmental Programs and Management'', 
$13,000,000 is rescinded.

                              (RESCISSION)

  Sec. 4142. Of the funds made available for ``Department of 
Agriculture--Forest Service--Capital Improvement 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 permanently 
rescinded.

                              (RESCISSION)

  Sec. 4144. Of the funds made available for ``National Park 
Service--Construction'' in chapter 5 of title II of Public 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 Public 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 rescinded.
  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 submission,'' 
and inserting the following: ``within 90 days of its submission 
or 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 
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 entered the United States 
from Haiti during the period January 12, 2010, through May 30, 
2010, and who are United States citizens or Haitian nationals, 
to meet the educational and related needs of such children.

                              (RESCISSION)

  Sec. 4150. The unobligated balance of funds appropriated in 
the Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations 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 designated 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 Assistance.--Upon a 
determination by the President that additional resources are 
necessary to respond to an incident related to a spill of 
national significance declared under the National Contingency 
Plan provided for under section 105 of the Comprehensive 
Environmental Response, Compensation, 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 appropriate 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 Revenue Code of 1986) or waiting period credit. Such 
assistance 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 individual is 
reemployed in a suitable position, but no longer than 26 weeks 
after the individual's unemployment that resulted 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 affected 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 Secretary, 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 
        assistance 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 unemployment 
                compensation law or to compensation under any 
                other Federal law; and
                  (C) are not receiving compensation with 
                respect to such week under the unemployment 
                compensation law of Canada; and
          (2) refer individuals receiving oil spill 
        unemployment assistance under this section to one-stop 
        delivery 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 section, the terms and conditions 
of Federal law and regulations which apply to claims for 
disaster unemployment assistance and to the payment thereof 
shall apply to claims for oil spill unemployment assistance and 
the payment thereof, except where otherwise inconsistent with 
the provisions 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 assistance 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 Unemployment 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 disclose 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 unemployment 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 assistance to the State 
        agency, except that the State agency may waive such 
        repayment if it determines that--
                  (A) the payment of such oil spill 
                unemployment 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 investigate 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 unemployment 
                assistance payable to such individual under 
                this section or from any unemployment 
                compensation payable to such individual under 
                any State or Federal unemployment compensation 
                law administered by the State agency or under 
                any other State or Federal law administered by 
                the State agency which provides for the payment 
                of any assistance or allowance with respect to 
                any week of unemployment, during the 3-year 
                period after the date such individual received 
                the payment of the oil spill unemployment 
                assistance to which such individual was not 
                entitled, 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 repayment 
                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 determinations 
        under the State unemployment compensation 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 benefits, 
        Federal administration, and State administration 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 certification 
        from the Secretary, the Secretary of the Treasury 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 Payments for Lost 
Wages or Self Employment Income by the Responsible Party.--
          (1) The total combined amount an individual receives 
        of oil spill unemployment assistance and payments by 
        the responsible party for either lost wages or self-
        employment income shall not exceed the greater of--
                  (A) the total amount of unemployment 
                assistance 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 Liability 
        Trust Fund under the Oil Pollution Act of 1990 (33 
        U.S.C. 2701 et seq.) makes a payment to the individual 
        for lost wages related to unemployment resulting from a 
        covered incident, and an individual has previously 
        received unemployment assistance under this section for 
        such period of unemployment, the responsible 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 pursuant to this paragraph, the 
        Secretary of the Treasury 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 obtaining payment including prejudgment 
        interest, attorneys fees, and any other administrative 
        and adjudicative costs involved.
          (3) If a responsible party or the Oil Spill Liability 
        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 receives 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 
        determined 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 informed 
        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 determining 
        eligibility and to avoid duplicate payments as deemed 
        necessary.
          (6) If the Secretary determines the actions described 
        in paragraphs (2) through (5) have not succeeded in 
        avoiding duplicate payments, the Secretary may take 
        such other actions as the Secretary determines 
        necessary in order to avoid duplicate payments, 
        consistent with the responsible party or the Oil Spill 
        Liability Trust Fund making payments to individuals for 
        lost wages related to unemployment resulting 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 
        administer 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 
                income by the responsible party or the Oil 
                Spill Liability Trust Fund so as to minimize 
                duplicate 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 receives no more 
                        than the amount specified in paragraph 
                        (1) of this subsection;
                          (ii) document that individuals who 
                        received either oil spill unemployment 
                        assistance or payments by the 
                        responsible party or the Oil Spill 
                        Liability Trust Fund prior to execution 
                        of the agreement were unemployed as a 
                        result of the oil spill; and
                          (iii) ensure prompt and accurate 
                        payment of oil spill unemployment 
                        assistance under this section or 
                        payment of claims by the responsible 
                        party or the Oil Spill Liability Trust 
                        Fund;
                  (B) sharing and protecting information 
                regarding an individual's claim for oil spill 
                unemployment 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 subparagraph (A);
                  (C) reimbursement by the responsible party to 
                the Federal Government and States for payment 
                of oil spill unemployment assistance to 
                individuals 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 accordance with 
                the process developed under subparagraph (A) 
                with a periodic reconciliation process to make 
                future claims unnecessary;
                  (D) ensuring that the responsible party shall 
                make benefit information available to 
                government organizations upon request, subject 
                to the safeguards applicable to confidential 
                unemployment 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 
                unemployment compensation under State law 
                related to a covered incident and payments made 
                by the responsible party or the Oil Spill 
                Liability 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 responsible 
        party or the Oil Spill Liability Trust Fund.
  (j) Liability of Responsible Parties.--Each responsible party 
under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is 
liable for any costs, net of any payments by the responsible 
party to the United States under subsection (i), incurred by 
the United States under this section 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 administering its responsibilities under this 
section. If a responsible 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 
appropriate district court to recover the amount of the demand, 
plus all costs incurred in obtaining payment including 
prejudgment interest, attorneys fees, and any other 
administrative and adjudicative 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).
  (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 determined 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 ``duplicate 
        payments'' includes any payment that would cause the 
        individual to receive payments in excess of the amount 
        determined under paragraph (1) of subsection (i).
          (2) Responsible party.--The term ``responsible 
        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 unemployment 
        compensation law of the State approved by the Secretary 
        of Labor under section 3304 of the Internal 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 paragraph:
          ``(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 additional 
        resources are necessary to respond to an incident 
        related to a spill of national significance declared 
        under the National Contingency Plan provided for under 
        section 105 of the Comprehensive Environmental 
        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 Requirements.--
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 
                reconstruction 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 
                individuals 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 employment 
                and training activities;
                  ``(D) may be expended to provide personal 
                protective equipment to workers engaged in oil 
                spill relief employment described in 
                subparagraph (A);
                  ``(E) may be used to increase the capacity of 
                States to make available the full range of 
                services authorized under this title and 
                provide information (in languages appropriate 
                to the individuals served) about, and access 
                to, the variety of public and private services 
                available to individuals 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 
                employment by public sector entities for a 
                period not to exceed 6 months, in addition to 
                the oil spill relief employment described in 
                subparagraph (A).
          ``(2) Eligibility.--An individual shall be eligible 
        for services under subsection (a)(5) if such individual 
        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 unemployed 
        individual, or meets such other criteria as the 
        Secretary may establish.
          ``(3) Limitations on oil spill relief employment 
        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 reviewing a 
        State's request, extend such employment related 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 Treasury, 
        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 
        administering its responsibilities under this 
        subsection or subsection (a)(5). If a responsible party 
        fails to pay a demand of the Secretary of the Treasury 
        pursuant to this subsection or subsection (a)(5), 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 demand, plus all costs incurred in 
        obtaining payment including prejudgment interest, 
        attorney's fees, and any other administrative and 
        adjudicative 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 appropriated 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 incident, 
        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 expenditure under 
        any grants awarded to the State under this section to 
        provide any assistance authorized 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 applications.--An 
        application submitted to the Secretary under this 
        subsection shall include a detailed description 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 
                individuals who are temporarily or permanently 
                laid off as a consequence of the covered 
                incident in the assignment of temporary 
                employment positions; and
                  ``(C) any other supporting information the 
                Secretary may require.''.
  (c) Effective Date.--This section, and the amendments made by 
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 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 section 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 accounts for program 
administration and support activities in the Department of 
Labor associated with such sections, and for the increased 
worker protection and workplace benefit activities and 
oversight and coordination activities in connection with the 
application of laws and regulations associated with the 
Department's response to spills of national significance 
declared under the National Contingency Plan provided for under 
section 105 of the Comprehensive Environmental 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 Secretary 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 demand, 
plus all costs incurred in obtaining payment including 
prejudgment interest, attorneys fees, and any other 
administrative and adjudicative 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).
  (d) 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, including any party determined 
to be liable under such Act for any incident that occurred 
prior to the enactment of this Act.
  (e) The Secretary of Labor shall provide to the Committees 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 appropriated 
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 
appropriation and shall transmit a written notice of such 
determination 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 section 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 section.

                              (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 Reinvestment 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--Capitol Police Buildings, Grounds 
and Security'' and that remain available until September 30, 
2014, shall be available to the Architect of the Capitol for 
the purchase of real property (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 functions and 
responsibilities of the Office of Emergency Planning, 
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 amendment 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 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 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 Congress 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 further, 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 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 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 otherwise made 
available by this Act may be obligated by any covered executive 
agency in contravention of the certification requirement of 
section 6(b) of the Iran Sanctions Act of 1996, as included in 
the revisions to the Federal Acquisition Regulation pursuant to 
such section.

                             (rescissions)

  Sec. 4167. (a) Millennium Challenge Corporation.--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 
        appropriations for the Department of State, foreign 
        operations, and related programs, $40,000,000 is 
        rescinded.
          (2) United states agency for international 
        development.--Of the unobligated balances available 
        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 division 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 authorized 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 Equipment'', $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 Equipment'', $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 Development--
        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 
Administration--General and Special Risk Program Account'' in 
title II of division A of the Consolidated Appropriations 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 Equity 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 authority 
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 apportioned for fiscal year 2009 
and to which the rescission applies, to the extent sufficient 
funds remain available for obligation, 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 Development--
Community Planning and Development--Community 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 redesignated, 
        the following:

``SEC. 28. PRESERVING ACCESS TO AFFORDABLE GENERICS.

  ``(a) In General.--
          ``(1) Enforcement proceeding.--The Federal Trade 
        Commission may initiate a proceeding to enforce 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 connection with 
        the sale of a drug product.
          ``(2) Presumption.--
                  ``(A) In general.--Subject to subparagraph 
                (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, 
                        manufacturing, 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 
                convincing evidence that the procompetitive 
                benefits of the agreement outweigh the 
                anticompetitive effects 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 received 
        by the ANDA filer in the agreement resolving or 
        settling the patent infringement claim;
          ``(4) the revenue the ANDA filer would have received 
        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 settling 
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 
        exclusivity; or
          ``(2) that the agreement's provision for entry of the 
        ANDA product prior to the expiration of the relevant 
        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 prohibit a 
resolution or settlement of a patent infringement claim in 
which the consideration granted by the NDA holder 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 
                exclusivity that would prevent the marketing of 
                such drug.
          ``(2) A payment for reasonable litigation expenses 
        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 Commission 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 subsection (a) 
        if the Commission determines such agreements 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, partnership or 
        corporation that is subject to a final order of the 
        Commission, issued in an administrative adjudicative 
        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 incorporated 
        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 Administration. 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 applicability 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 
        violations, 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 action 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 
        States district courts are empowered to grant mandatory 
        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 
                administrative adjudicative proceeding under 
                the authority 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 
                subparagraph (A), the findings of the 
                Commission as to the material facts in the 
                administrative adjudicative proceeding with 
                respect to such person'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 
                        Commission's findings shall not be 
                        conclusive; or
                          ``(ii) the order became final by 
                        reason of section 5(g)(1), in which 
                        case such finding shall be conclusive 
                        if supported by evidence.
          ``(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 ability to pay, any effect on 
                the ability to continue doing business, profits 
                earned by the NDA holder, compensation received 
                by the ANDA filer, and the amount of commerce 
                affected; and
                  ``(C) other matters that justice requires.
          ``(4) Remedies in addition.--Remedies provided 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' includes 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, provides a 
        contingent condition for, or is otherwise related to 
        the resolution or settlement of the claim.
          ``(3) ANDA.--The term `ANDA' means an abbreviated 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 product' 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 
                enforcement of the patent listed in the 
                Approved Drug Products With Therapeutic 
                Equivalence Evaluations (commonly known as the 
                `FDA Orange Book') in connection with the NDA; 
                or
                  ``(C) the predecessors, subsidiaries, 
                divisions, groups, and affiliates controlled 
                by, controlling, or under common control with 
                any of the entities described in subparagraphs 
                (A) and (B) (such control to be presumed by 
                direct or indirect 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, 
        renewal, division, continuation, continuation in part, 
        reexamination, patent term restoration, patents of 
        addition 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 `statutory 
        exclusivity' means those prohibitions on the approval 
        of drug applications under clauses (ii) through (iv) of 
        section 505(c)(3)(E) (5- and 3-year data exclusivity), 
        section 527 (orphan drug exclusivity), or section 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 section, 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.--Section 1112(c)(2) 
of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (21 U.S.C. 355 note) is amended--
          (1) by striking ``the Commission the'' and inserting 
        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 agreement 
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 Prescription Drug, 
Improvement, and Modernization Act of 2003, with respect to the 
agreement referenced in this certification: (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 between the parties that are 
responsive to subsection (a) or (b) of such section 1112 and 
have not been reduced to writing.'.''.

                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 Commission 
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 
        following:
                  ``(F) under section 28;''.

                         STATUTE OF LIMITATIONS

  Sec. 4206. The Commission shall commence any enforcement 
proceeding described in section 28 of the Federal Trade 
Commission Act, as added by section 3202, except for an action 
described in section 28(g)(2) of the Federal Trade Commission 
Act, not later than 3 years after the date on which the parties 
to the agreement file the Notice of Agreement as provided by 
section 1112(c) of the Medicare Prescription Drug Improvement 
and Modernization Act of 2003 (21 U.S.C. 355 note).

                              SEVERABILITY

  Sec. 4207. If any provision of this chapter, an amendment 
made by this chapter, or the application of such provision or 
amendment to any person or circumstance is held to be 
unconstitutional, the remainder of this chapter, the amendments 
made by this chapter, and the application of the provisions of 
such chapter or amendments to any person or circumstance shall 
not be affected thereby.

                               CHAPTER 3


           COMPUTATION OF MEDICAID AVERAGE MANUFACTURER PRICE


COMPUTATION OF MEDICAID AVERAGE MANUFACTURER PRICE (AMP) FOR DRUGS NOT 
             DISPENSED THROUGH RETAIL COMMUNITY PHARMACIES

  Sec. 4301.  (a) In General.--Section 1927(k)(1)(B)(i)(IV) of 
the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)(IV)), as 
amended by section 2503(a)(2)(B) of the Patient Protection and 
Affordable Care Act (Public Law 111-148) and by section 
1102(c)(2) of the Health Care and Education Reconciliation Act 
of 2010 (Public Law 111-152), is amended by inserting after 
``retail community pharmacy'' the following: ``, except that in 
the case of an inhalation, infusion, or injectable drug that is 
not dispensed through a retail community pharmacy, the 
exclusion under this subclause shall not apply to payments 
received from, and rebates and discounts provided to, 
distributors or hospitals, clinics, doctors, and other entities 
directly dispensing the drug; and''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect as if included in section 2503 of Public Law 
111-148.

                               CHAPTER 4


            PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT


                              SHORT TITLE

  Sec. 4401. This chapter may be cited as the ``Public Safety 
Employer-Employee Cooperation Act of 2010''.

                   DECLARATION OF PURPOSE AND POLICY

  Sec. 4402. The Congress declares that the following is the 
policy of the United States:
          (1) Labor-management relationships and partnerships 
        are based on trust, mutual respect, open communication, 
        bilateral consensual problem solving, and shared 
        accountability. Labor-management cooperation fully 
        utilizes the strengths of both parties to best serve 
        the interests of the public, operating as a team, to 
        carry out the public safety mission in a quality work 
        environment. In many public safety agencies, it is the 
        union that provides the institutional stability as 
        elected leaders and appointees come and go.
          (2) State and local public safety officers play an 
        essential role in the efforts of the United States to 
        detect, prevent, and respond to terrorist attacks, and 
        to respond to natural disasters, hazardous materials, 
        and other mass casualty incidents. State and local 
        public safety officers, as first responders, are a 
        component of our Nation's National Incident Management 
        System, developed by the Department of Homeland 
        Security to coordinate response to and recovery from 
        terrorism, major natural disasters, and other major 
        emergencies. Public safety employer-employee 
        cooperation is essential in meeting these needs and is, 
        therefore, in the National interest.
          (3) The Federal Government needs to encourage 
        conciliation, mediation, and voluntary arbitration to 
        aid and encourage employers and the representatives of 
        their employees to reach and maintain agreements 
        concerning rates of pay, hours, and working conditions, 
        and to make all reasonable efforts through negotiations 
        to settle their differences by mutual agreement reached 
        through collective bargaining or by such methods as may 
        be provided for in any applicable agreement for the 
        settlement of disputes.
          (4) The absence of adequate cooperation between 
        public safety employers and employees has implications 
        for the security of employees and can affect interstate 
        and intrastate commerce. The lack of such labor-
        management cooperation can detrimentally impact the 
        upgrading of police and fire services of local 
        communities, the health and well-being of public safety 
        officers, and the morale of the fire and police 
        departments. Additionally, these factors could have 
        significant commercial repercussions. Moreover, 
        providing minimal standards for collective bargaining 
        negotiations in the public safety sector can prevent 
        industrial strife between labor and management that 
        interferes with the normal flow of commerce.
          (5) Many States and localities already provide public 
        safety officers with collective bargaining rights 
        comparable to or greater than the rights and 
        responsibilities set forth in this chapter, and such 
        State and local laws should be respected.

                              DEFINITIONS

  Sec. 4403. In this chapter:
          (1) Authority.--The term ``Authority'' means the 
        Federal Labor Relations Authority.
          (2) Confidential employee.--The term ``confidential 
        employee'' has the meaning given such term under 
        applicable State law on the date of enactment of this 
        Act. If no such State law is in effect, the term means 
        an individual, employed by a public safety employer, 
        who--
                  (A) is designated as confidential; and
                  (B) is an individual who routinely assists, 
                in a confidential capacity, supervisory 
                employees and management employees.
          (3) Emergency medical services personnel.--The term 
        ``emergency medical services personnel'' means an 
        individual who provides out-of-hospital emergency 
        medical care, including an emergency medical 
        technician, paramedic, or first responder.
          (4) Employer; public safety agency.--The terms 
        ``employer'' and ``public safety agency'' mean any 
        State, or political subdivision of a State, that 
        employs public safety officers.
          (5) Firefighter.--The term ``firefighter'' has the 
        meaning given the term ``employee engaged in fire 
        protection activities'' in section 3(y) of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 203(y)).
          (6) Labor organization.--The term ``labor 
        organization'' means an organization composed in whole 
        or in part of employees, in which employees 
        participate, and which represents such employees before 
        public safety agencies concerning grievances, 
        conditions of employment, and related matters.
          (7) Law enforcement officer.--The term ``law 
        enforcement officer'' has the meaning given such term 
        in section 1204 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796b).
          (8) Management employee.--The term ``management 
        employee'' has the meaning given such term under 
        applicable State law in effect on the date of enactment 
        of this Act. If no such State law is in effect, the 
        term means an individual employed by a public safety 
        employer in a position that requires or authorizes the 
        individual to formulate, determine, or influence the 
        policies of the employer.
          (9) Person.--The term ``person'' means an individual 
        or a labor organization.
          (10) Public safety officer.--The term ``public safety 
        officer''--
                  (A) means an employee of a public safety 
                agency who is a law enforcement officer, a 
                firefighter, or an emergency medical services 
                personnel;
                  (B) includes an individual who is temporarily 
                transferred to a supervisory or management 
                position; and
                  (C) does not include a permanent supervisory, 
                management, or confidential employee.
          (11) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, and any territory or possession of the United 
        States.
          (12) Substantially provides.--The term 
        ``substantially provides'', when used with respect to 
        the rights and responsibilities described in section 
        3404(b), means compliance with each right and 
        responsibility described in such section.
          (13) Supervisory employee.--The term ``supervisory 
        employee'' has the meaning given such term under 
        applicable State law in effect on the date of enactment 
        of this Act. If no such State law is in effect, the 
        term means an individual, employed by a public safety 
        employer, who--
                  (A) has the authority in the interest of the 
                employer to hire, direct, assign, promote, 
                reward, transfer, furlough, lay off, recall, 
                suspend, discipline, or remove public safety 
                officers, to adjust their grievances, or to 
                effectively recommend such action, if the 
                exercise of the authority is not merely routine 
                or clerical in nature but requires the 
                consistent exercise of independent judgment; 
                and
                  (B) devotes a majority of time at work to 
                exercising such authority.

              DETERMINATION OF RIGHTS AND RESPONSIBILITIES

  Sec. 4404.  (a) Determination.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Authority shall make 
        a determination as to whether a State substantially 
        provides for the rights and responsibilities described 
        in subsection (b).
          (2) Consideration of additional opinions.--In making 
        the determination described in paragraph (1), the 
        Authority shall consider the opinions of affected 
        employers and labor organizations. In the case where 
        the Authority is notified by an affected employer and 
        labor organization that both parties agree that the law 
        applicable to such employer and labor organization 
        substantially provides for the rights and 
        responsibilities described in subsection (b), the 
        Authority shall give such agreement weight to the 
        maximum extent practicable in making the Authority's 
        determination under this subsection.
          (3) Limited criteria.--In making the determination 
        described in paragraph (1), the Authority shall be 
        limited to the application of the criteria described in 
        subsection (b) and shall not require any additional 
        criteria.
          (4) Subsequent determinations.--
                  (A) In general.--A determination made 
                pursuant to paragraph (1) shall remain in 
                effect unless and until the Authority issues a 
                subsequent determination, in accordance with 
                the procedures set forth in subparagraph (B).
                  (B) Procedures for subsequent 
                determinations.--Upon establishing that a 
                material change in State law or its 
                interpretation has occurred, an employer or a 
                labor organization may submit a written request 
                for a subsequent determination. If satisfied 
                that a material change in State law or its 
                interpretation has occurred, the Authority 
                shall issue a subsequent determination not 
                later than 30 days after receipt of such 
                request.
          (5) Judicial review.--Any person or employer 
        aggrieved by a determination of the Authority under 
        this section may, during the 60-day period beginning on 
        the date on which the determination was made, petition 
        any United States Court of Appeals in the circuit in 
        which the person or employer resides or transacts 
        business or in the District of Columbia circuit, for 
        judicial review. In any judicial review of a 
        determination by the Authority, the procedures 
        contained in subsections (c) and (d) of section 7123 of 
        title 5, United States Code, shall be followed.
  (b) Rights and Responsibilities.--In making a determination 
described in subsection (a), the Authority shall consider a 
State's law to substantially provide the required rights and 
responsibilities unless such law fails to provide rights and 
responsibilities comparable to or greater than the following:
          (1) Granting public safety officers the right to form 
        and join a labor organization, which may exclude 
        management employees, supervisory employees, and 
        confidential employees, that is, or seeks to be, 
        recognized as the exclusive bargaining representative 
        of such employees.
          (2) Requiring public safety employers to recognize 
        the employees' labor organization (freely chosen by a 
        majority of the employees), to agree to bargain with 
        the labor organization, and to commit any agreements to 
        writing in a contract or memorandum of understanding.
          (3) Providing for the right to bargain over hours, 
        wages, and terms and conditions of employment.
          (4) Making available an interest impasse resolution 
        mechanism, such as fact-finding, mediation, 
        arbitration, or comparable procedures.
          (5) Requiring enforcement of all rights, 
        responsibilities, and protections provided by State law 
        and enumerated in this section, and of any written 
        contract or memorandum of understanding between a labor 
        organization and a public safety employer, through--
                  (A) a State administrative agency, if the 
                State so chooses; and
                  (B) at the election of an aggrieved party, 
                the State courts.
  (c) Compliance With Requirements.--If the Authority 
determines, acting pursuant to its authority under subsection 
(a), that a State substantially provides rights and 
responsibilities described in subsection (b), then this chapter 
shall not preempt State law.
  (d) Failure to Meet Requirements.--
          (1) In general.--If the Authority determines, acting 
        pursuant to its authority under subsection (a), that a 
        State does not substantially provide for the rights and 
        responsibilities described in subsection (b), then such 
        State shall be subject to the regulations and 
        procedures described in section 3405 beginning on the 
        later of--
                  (A) the date that is 2 years after the date 
                of enactment of this Act;
                  (B) the date that is the last day of the 
                first regular session of the legislature of the 
                State that begins after the date of the 
                enactment of this Act; or
                  (C) in the case of a State receiving a 
                subsequent determination under subsection 
                (a)(4), the date that is the last day of the 
                first regular session of the legislature of the 
                State that begins after the date the Authority 
                made the determination.
          (2) Partial failure.--If the Authority makes a 
        determination that a State does not substantially 
        provide for the rights and responsibilities described 
        in subsection (b) solely because the State law 
        substantially provides for such rights and 
        responsibilities for certain categories of public 
        safety officers covered by this chapter but not others, 
        the Authority shall identify those categories of public 
        safety officers that shall be subject to the 
        regulations and procedures described in section 4405, 
        pursuant to section 4408(b)(3) and beginning on the 
        appropriate date described in paragraph (1), and those 
        categories of public safety officers that shall remain 
        subject to State law.

               ROLE OF FEDERAL LABOR RELATIONS AUTHORITY

  Sec. 4405.  (a) In General.--Not later than 1 year after the 
date of enactment of this Act, the Authority shall issue 
regulations in accordance with the rights and responsibilities 
described in section 4404(b) establishing collective bargaining 
procedures for employers and public safety officers in States 
which the Authority has determined, acting pursuant to section 
4404(a), do not substantially provide for such rights and 
responsibilities.
  (b) Role of the Federal Labor Relations Authority.--The 
Authority, to the extent provided in this chapter and in 
accordance with regulations prescribed by the Authority, 
shall--
          (1) determine the appropriateness of units for labor 
        organization representation;
          (2) supervise or conduct elections to determine 
        whether a labor organization has been selected as an 
        exclusive representative by a voting majority of the 
        employees in an appropriate unit;
          (3) resolve issues relating to the duty to bargain in 
        good faith;
          (4) conduct hearings and resolve complaints of unfair 
        labor practices;
          (5) resolve exceptions to the awards of arbitrators;
          (6) protect the right of each employee to form, join, 
        or assist any labor organization, or to refrain from 
        any such activity, freely and without fear of penalty 
        or reprisal, and protect each employee in the exercise 
        of such right; and
          (7) take such other actions as are necessary and 
        appropriate to effectively administer this chapter, 
        including issuing subpoenas requiring the attendance 
        and testimony of witnesses and the production of 
        documentary or other evidence from any place in the 
        United States, and administering oaths, taking or 
        ordering the taking of depositions, ordering responses 
        to written interrogatories, and receiving and examining 
        witnesses.
  (c) Enforcement.--
          (1) Authority to petition court.--The Authority may 
        petition any United States Court of Appeals with 
        jurisdiction over the parties, or the United States 
        Court of Appeals for the District of Columbia Circuit, 
        to enforce any final orders under this section, and for 
        appropriate temporary relief or a restraining order. 
        Any petition under this section shall be conducted in 
        accordance with subsections (c) and (d) of section 7123 
        of title 5, United States Code.
          (2) Private right of action.--Unless the Authority 
        has filed a petition for enforcement as provided in 
        paragraph (1), any party has the right to file suit in 
        any appropriate district court of the United States to 
        enforce compliance with the regulations issued by the 
        Authority pursuant to subsection (b), and to enforce 
        compliance with any order issued by the Authority 
        pursuant to this section. The right provided by this 
        subsection to bring a suit to enforce compliance with 
        any order issued by the Authority pursuant to this 
        section shall terminate upon the filing of a petition 
        seeking the same relief by the Authority.

                    STRIKES AND LOCKOUTS PROHIBITED

  Sec. 4406.  (a) In General.--Subject to subsection (b), an 
employer, public safety officer, or labor organization may not 
engage in a lockout, sickout, work slowdown, strike, or any 
other organized job action that will measurably disrupt the 
delivery of emergency services and is designed to compel an 
employer, public safety officer, or labor organization to agree 
to the terms of a proposed contract.
  (b) No Preemption.--Nothing in this section shall be 
construed to preempt any law of any State or political 
subdivision of any State with respect to strikes by public 
safety officers.

          EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS

  Sec. 4407. A certification, recognition, election-held, 
collective bargaining agreement or memorandum of understanding 
which has been issued, approved, or ratified by any public 
employee relations board or commission or by any State or 
political subdivision or its agents (management officials) and 
is in effect on the day before the date of enactment of this 
Act shall not be invalidated by the enactment of this Act.

                      CONSTRUCTION AND COMPLIANCE

  Sec. 4408.  (a) Construction.--Nothing in this chapter shall 
be construed--
          (1) to preempt or limit the remedies, rights, and 
        procedures of any law of any State or political 
        subdivision of any State that provides greater or 
        comparable rights and responsibilities than the rights 
        and responsibilities described in section 4404(b);
          (2) to prevent a State from enforcing a right-to-work 
        law that prohibits employers and labor organizations 
        from negotiating provisions in a labor agreement that 
        require union membership or payment of union fees as a 
        condition of employment;
          (3) to preempt or limit any State law in effect on 
        the date of enactment of this Act that provides for the 
        rights and responsibilities described in section 
        4404(b) solely because such State law permits an 
        employee to appear on the employee's own behalf with 
        respect to the employee's employment relations with the 
        public safety agency involved;
          (4) to preempt or limit any State law in effect on 
        the date of enactment of this Act that provides for the 
        rights and responsibilities described in section 
        4404(b) solely because such State law excludes from its 
        coverage employees of a State militia or national 
        guard;
          (5) to permit parties in States subject to the 
        regulations and procedures described in section 4405 to 
        negotiate provisions that would prohibit an employee 
        from engaging in part-time employment or volunteer 
        activities during off-duty hours;
          (6) to prohibit a State from exempting from coverage 
        under this chapter a political subdivision of the State 
        that has a population of less than 5,000 or that 
        employs less than 25 full-time employees; or
          (7) to preempt or limit the laws or ordinances of any 
        State or political subdivision of a State that provide 
        for the rights and responsibilities described in 
        section 4404(b) solely because such law or ordinance 
        does not require bargaining with respect to pension, 
        retirement, or health benefits.
For purposes of paragraph (6), the term ``employee'' includes 
each and every individual employed by the political subdivision 
except any individual elected by popular vote or appointed to 
serve on a board or commission.
  (b) Compliance.--
          (1) Actions of states.--Nothing in this chapter or 
        the regulations promulgated under this chapter shall be 
        construed to require a State to rescind or preempt the 
        laws or ordinances of any of the State's political 
        subdivisions if such laws provide rights and 
        responsibilities for public safety officers that are 
        comparable to or greater than the rights and 
        responsibilities described in section 4404(b).
          (2) Actions of the authority.--Nothing in this 
        chapter or the regulations promulgated under this 
        chapter shall be construed to preempt--
                  (A) the laws or ordinances of any State or 
                political subdivision of a State, if such laws 
                provide collective bargaining rights for public 
                safety officers that are comparable to or 
                greater than the rights enumerated in section 
                4404(b);
                  (B) the laws or ordinances of any State or 
                political subdivision of a State that provide 
                for the rights and responsibilities described 
                in section 4404(b) with respect to certain 
                categories of public safety officers covered by 
                this Act solely because such rights and 
                responsibilities have not been extended to 
                other categories of public safety officers 
                covered by this chapter; or
                  (C) the laws or ordinances of any State or 
                political subdivision of a State that provide 
                for the rights and responsibilities described 
                in section 4404(b), solely because such laws or 
                ordinances provide that a contract or 
                memorandum of understanding between a public 
                safety employer and a labor organization must 
                be presented to a legislative body as part of 
                the process for approving such contract or 
                memorandum of understanding.
          (3) Limited enforcement power.--In the case of a law 
        described in paragraph (2)(B), the Authority shall only 
        exercise the powers provided in section 4405 with 
        respect to those categories of public safety officers 
        who have not been afforded the rights and 
        responsibilities described in section 4404(b).
          (4) Exclusive enforcement provision.--Notwithstanding 
        any other provision of the chapter, and in the absence 
        of a waiver of a State's sovereign immunity, the 
        Authority shall have the exclusive power to enforce the 
        provisions of this chapter with respect to employees of 
        a State.

                    AUTHORIZATION OF APPROPRIATIONS

  Sec. 4409. There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
chapter.

                               CHAPTER 5


                     PROGRAM INTEGRITY INITIATIVES


                       DEPARTMENT OF THE TREASURY


                        Internal Revenue Service


                              enforcement

  For an additional amount for ``Enforcement'', $245,000,000, 
to remain available through September 30, 2011, for additional 
and enhanced tax enforcement activities: Provided, That section 
3002 shall not apply to the amount under this heading.

                          DEPARTMENT OF LABOR


                 Employment and Training Administration


     state unemployment insurance and employment service operations

  For an additional amount for ``State Unemployment Insurance 
and Employment Service Operations'', $5,000,000, to be expended 
from the Employment Security Administration Account of the 
Unemployment Trust Fund and remain available through September 
30, 2011, to conduct in-person reemployment and eligibility 
assessments and unemployment insurance improper payment 
reviews: Provided, That section 3002 shall not apply to the 
amount under this heading.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


              Health Care Fraud and Abuse Control Account

  For an additional amount for ``Health Care Fraud and Abuse 
Control Account'', $250,000,000, to remain available through 
September 30, 2012, to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical 
Insurance Trust Fund, as authorized by section 201(g) of the 
Social Security Act, of which $124,747,000 shall be for Centers 
for Medicare and Medicaid Services Program Integrity 
Activities, including administrative costs, to conduct 
oversight activities for Medicare Advantage and the Medicare 
Prescription Drug Program authorized in title XVIII of the 
Social Security Act, for activities listed in section 1893 of 
such Act, and for Medicaid and Children's Health Insurance 
Program program integrity activities; of which $65,040,000 
shall be for the Department of Health and Human Services Office 
of Inspector General to carry out fraud and abuse activities 
authorized by section 1817(k)(3) of such Act; and of which 
$60,213,000 shall be for the Department of Justice to carry out 
fraud and abuse activities authorized by section 1817(k)(3) of 
such Act: Provided, That section 3002 shall not apply to the 
amounts under this heading.

                            RELATED AGENCIES


                     Social Security Administration


                 limitation on administrative expenses

  For an additional amount for ``Limitation on Administrative 
Expenses'', $38,000,000, to remain available through September 
30, 2011, for the cost associated with conducting continuing 
disability reviews under titles II and XVI of the Social 
Security Act and for the cost associated with conducting 
redeterminations of eligibility under title XVI of the Social 
Security Act: Provided, That section 3002 shall not apply to 
the amount under this heading.

                               CHAPTER 6


                     GENERAL PROVISIONS--THIS TITLE

  Sec. 4601. (a) None of the funds made available in this Act 
may be used to maintain or establish a computer network unless 
such network blocks the viewing, downloading, and exchanging of 
pornography.
  (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law 
enforcement agency, or other entity, to carry out criminal 
investigation, prosecution, or adjudication activities.
  Sec. 4602. (a) Statutory Paygo.--The budgetary effects of 
this Act, for the purpose of complying with the Statutory Pay-
As-You-Go-Act of 2010, shall be determined by reference to the 
latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, jointly submitted for printing in 
the Congressional Record by the Chairmen of the House and 
Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting 
first on this conference report or amendment between the 
Houses.
  (b) Exclusion From Paygo.--
          (1) Savings in this Act that would be subject to 
        inclusion in the Statutory Pay-As-You-Go scorecards are 
        providing an offset to increased discretionary 
        spending. As such, they should not be available on the 
        scorecards maintained by the Office of Management and 
        Budget to provide offsets for future legislation.
          (2) The Director of the Office of Management and 
        Budget shall not include any net savings resulting from 
        the changes in direct spending or revenues contained in 
        this Act on the scorecards required to be maintained by 
        OMB under the Statutory Pay-As-You-Go Act of 2010.
                              ----------                              


                        Text of Amendment No. 3

  Page 8, strike line 3 and all that follows through page 9, 
line 6.
  Page 9, line 10, strike ``$11,719,927,000, of which 
$218,300,000'' and insert ``$218,300,000, which''.
  Page 9, line 18, strike ``$2,735,194,000, of which 
$187,600,000'' and insert ``$187,600,000, which''.
  Page 10, line 3, strike ``$829,326,000, of which 
$30,700,000'' and insert ``$30,700,000, which''.
  Page 10, line 11, strike ``$3,835,095,000, of which 
$218,400,000'' and insert ``$218,400,000, which''.
  Page 10, beginning on line 20, strike ``$1,236,727,000: 
Provided, That up to $50,000,000, to remain available until 
expended,'' and insert ``$50,000,000, to remain available until 
expended: Provided, That such amount''.
  Page 11, strike line 22 and all that follows through page 18, 
line 18.
  Page 18, strike line 20, and all that follows through page 
19, line 18.
  Page 19, line 19, strike ``304.'' and insert ``301.''.
  Page 20, line 3, strike ``305.'' and insert ``302.''.
  Page 20, line 8, strike ``306.'' and insert ``303.''.
  Page 20, line 18, strike ``307.'' and insert ``304.''.
  Page 21, line 3, strike ``308.'' and insert ``305.''.
  Page 38, strike lines 4 through 22.
  Page 41, strike lines 6 through 16.
  Page 42, strike lines 8 through 12.
  Page 43, strike lines 22 through 25.
  Page 45, strike lines 3 through 19.
  Page 48, line 8, strike the dollar amount and all that 
follows through ``available'' on page 49, line 3 and insert 
``$175,000,000, to remain available until September 30, 
2012,''.
  Page 49, line 20, after the first comma, strike the dollar 
amount and all that follows through ``available'' on line 23 
and insert ``$50,000,000, to remain available until September 
30, 2012,''.
  Page 52, strike line 3 and all that follows through page 58, 
line 20.
  Page 58, line 22, strike ``1007.'' and insert ``1004.''.
  Page 61, line 13, strike ``1008.'' and insert ``1005.''.
  Page 62, line 15, strike ``1009.'' and insert ``1006.''.
  Page 64, line 14, strike ``1010.'' and insert ``1007.''.
  Page 66, line 10, strike ``1011.'' and insert ``1008.''.
  Page 66, line 16, strike ``1012.'' and insert ``1009.''.
  Page 66, line 23, strike ``1013.'' and insert ``1010.''.
  Page 67, line 13, strike ``1014.'' and insert ``1011.''.
  Page 67, line 21, strike ``1015.'' and insert ``1012.''.
  Page 68, line 21, strike ``Iraq, Pakistan, Afghanistan, 
and''.
  Page 68, line 23, strike ``those countries'' and insert 
``that country''.
  Page 69, strike line 8 and all that follows through page 70, 
line 18.
                              ----------                              


                        Text of Amendment No. 4

  At the end of the bill (before the short title), insert the 
following:

  Sec. __. (a) Limitation.--Funds appropriated in this Act for 
the continued military operations of the Armed Forces in 
Afghanistan may be obligated and expended within Afghanistan 
only for the purposes of--
          (1) providing for the continued protection of members 
        of the Armed Forces and civilian and contractor 
        personnel of the Federal Government who are in 
        Afghanistan; and
          (2) beginning the safe and orderly withdrawal from 
        Afghanistan of all members of the Armed Forces and 
        Department of Defense contractor personnel who are in 
        Afghanistan.
  (b) Clarification.--Nothing in subsection (a) shall be 
construed to prohibit or otherwise restrict the use of funds 
available to any department or agency of the United States to 
carry out diplomatic efforts or humanitarian activities in 
Afghanistan, including security related to such efforts and 
activities.
                              ----------                              


                        Text of Amendment No. 5

  Page 22, after line 16, insert the following:

  Sec. 309. (a) Findings Regarding Security and Stability 
Conditions in Afghanistan.--Since the last national 
intelligence estimate on conditions in Afghanistan, there have 
been fundamental changes in the conditions in that country, and 
fundamental changes in the United States military and 
diplomatic strategy toward that country, including--
          (1) the August 2009 elections in Afghanistan;
          (2) the strategy announced by the President in 
        December 2009 to guide United States military 
        operations, including a commitment to begin 
        redeployment of troops out of Afghanistan by July 2011;
          (3) the tactics employed by the United States, which 
        emphasize counterinsurgency military operations and 
        increasing civilian participation;
          (4) the level of United States forces deployed to 
        Afghanistan; and
          (5) the continuing development of Afghanistan's 
        security forces, including the Afghan National Army and 
        the Afghan National Police.
  (b) Report.--Not later than January 31, 2011, the Director of 
National Intelligence shall submit to the President and the 
Congress a new national intelligence estimate on security and 
stability in Afghanistan and Pakistan, which shall include--
          (1) an assessment of the ability, performance, 
        intent, and commitment of the Government of Afghanistan 
        to work with the United States to implement the 
        strategy announced in December 2009;
          (2) an assessment of the ability, performance, 
        intent, and commitment of the Government of Pakistan to 
        work with the United States to implement the strategy 
        announced in December 2009;
          (3) an assessment of the security forces of 
        Afghanistan and Pakistan, including their ability to 
        maintain security in areas where they are deployed, and 
        an assessment of the timing of full deployment as 
        envisioned by the December 2009 strategy;
          (4) an assessment of whether continuing United States 
        military presence in Afghanistan contributes to Afghan 
        and Pakistani support for, or sympathy toward, the 
        Taliban, al Qaeda, or other insurgents;
          (5) an assessment of the effect of continuing United 
        States military presence on the strength of al Qaeda 
        and other terrorist organizations in Afghanistan and 
        neighboring countries, including those in the United 
        States Central Command and United States Africa Command 
        areas of responsibility; and
          (6) an assessment of the effect of the continuing 
        United States military presence on the ability of al 
        Qaeda and related terrorist organizations to obtain 
        resources, recruit personnel, and continue operations 
        targeted at the United States and its allies.
  (c) Plan With Timetable Required.--Not later than April 4, 
2011, the President shall submit to Congress a plan for the 
safe, orderly, and expeditious redeployment of the Armed Forces 
from Afghanistan, including military and security-related 
contractors, together with a timetable for the completion of 
that redeployment and information regarding variables that 
could alter that timetable.
  (d) Status Updates.--Not later than 90 days after the date of 
the submittal of the plan required by subsection (c), and every 
90 days thereafter, the President shall submit to Congress a 
report setting forth the current status of the plan for 
redeploying the Armed Forces from Afghanistan.
  (e) Oversight of Contractors Engaged in Activities Relating 
to Afghanistan.--
          (1) Recommendations required.--Not later than 90 days 
        after the date of the enactment of this Act, the 
        Special Inspector General for Afghanistan 
        Reconstruction shall, in consultation with the 
        Inspector General of the Department of Defense, the 
        Inspector General of the United States Agency for 
        International Development, and the Inspector General of 
        the Department of State--
                  (A) issue recommendations on measures to 
                increase oversight of contractors engaged in 
                activities relating to Afghanistan that have a 
                record of engaging in waste, fraud, or abuse;
                  (B) report on the status of efforts of the 
                Department of Defense, the United States Agency 
                for International Development, and the 
                Department of State to implement existing 
                recommendations regarding oversight of such 
                contractors; and
                  (C) report on the extent to which military 
                and security contractors or subcontractors 
                engaged in activities relating to Afghanistan 
                have been responsible for the deaths of Afghan 
                civilians.
          (2) Elements of recommendations.--The recommendations 
        issued under paragraph (1) shall include--
                  (A) recommendations for reducing the reliance 
                of the United States on--
                          (i) military and security contractors 
                        or subcontractors engaged in activities 
                        relating to Afghanistan that have been 
                        responsible for the deaths of Afghan 
                        civilians; and
                          (ii) Afghan militias or other armed 
                        groups that are not part of the Afghan 
                        National Security Forces; and
                  (B) recommendations for prohibiting the 
                Department of Defense, the Department of State, 
                or the United States Agency for International 
                Development from entering into contracts with 
                contractors engaged in activities relating to 
                Afghanistan that have a record of engaging in 
                waste, fraud, or abuse.
  Sec. 310. (a) Limitation on Funds.--None of the funds 
available to the Department of Defense in the Department of 
Defense Appropriations Act, 2011 may be obligated or expended 
in a manner that is inconsistent with the President's policy 
announced on December 1, 2009, to begin the orderly withdrawal 
of United States troops from Afghanistan after July 1, 2011, 
unless the Congress approves a joint resolution as specified in 
subsection (b).
  (b) Joint Resolution.--For purposes of this section, the term 
``joint resolution'' means a joint resolution introduced in 
either House of the Congress after receipt by the Congress of 
the national intelligence estimate required under section 309 
of this Act, the matter after the resolving clause of which is 
as follows: ``That the Congress approves the obligation and 
expenditure of funds appropriated in the Department of Defense 
Appropriations Act, 2011 for United States combat operations in 
Afghanistan after July 1, 2011, even if the plan submitted on 
April 4, 2011, is inconsistent with the intention to begin the 
process of orderly withdrawal of United States troops from such 
combat operations in Afghanistan.''.
  (c) Expedited Procedures in the House.--
          (1) A joint resolution in the House of 
        Representatives shall be referred to the Committee on 
        Appropriations.
          (2) If the committee has not reported the joint 
        resolution at the end of 20 legislative days after its 
        introduction, the committee shall be discharged from 
        further consideration of the joint resolution, and the 
        joint resolution shall be placed on the appropriate 
        calendar of the House.
          (3) When the committee has reported a joint 
        resolution or been discharged from further 
        consideration, it is at any time thereafter in order 
        (even though a previous motion to the same effect has 
        been disagreed to) to move to proceed to the 
        consideration of the joint resolution. The motion is 
        highly privileged in the House. The motion is not 
        subject to amendment, or to a motion to postpone, or to 
        a motion to proceed to the consideration of other 
        business. A motion to reconsider the vote by which the 
        motion is agreed to or not agreed to shall not be in 
        order.
          (4) Debate on the joint resolution shall be limited 
        to not more than 9 hours, which shall be divided 
        equally between those favoring and those opposing the 
        joint resolution. An amendment to, or motion to 
        recommit, the joint resolution is not in order. A 
        motion to reconsider the vote by which the joint 
        resolution is agreed to or not agreed to is not in 
        order.
          (5) Motions to postpone and motions to proceed to the 
        consideration of other business shall be decided 
        without debate.
          (6) Appeals from the decisions of the Chair relating 
        to the application of the rules of the House to the 
        procedure relating to the joint resolution shall be 
        decided without debate.
  (d) Expedited Procedures in the Senate.--[To be supplied.]
  (e) Congressional Rulemaking.--Subsections (c) and (d) are 
enacted by the Congress--
          (1) as an exercise of the rulemaking power of the 
        House of Representatives and the Senate, respectively, 
        and as such they are deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedures to be followed in that House in the 
        case of joint resolutions described in subsection (b), 
        and they supersede other rules only to the extent that 
        they are inconsistent with such other rules; and
          (2) with full recognition of the constitutional right 
        of either House to change the rules (so far as relating 
        to the procedures of that House) at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of that House.
  Sec. 311.  Nothing in section 309 or 310 shall be construed 
so as to limit or prohibit any authority of the President to--
          (1) attack al Qaeda forces wherever they are located;
          (2) gather, provide, and share intelligence with 
        allies operating in Afghanistan and Pakistan; or
          (3) modify the military strategy and operations of 
        the Armed Forces as such Armed Forces redeploy pursuant 
        to a timetable and strategy developed under section 
        309(c).