datamatters24/research-document-archive huggingface dataset:
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of enactment. 
Æ 
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shall, to the greatest extent possible, ensure that the 
surface treatment of each year’s proof or uncir-
culated version differs in some material way from 
that of the preceding year. 
‘‘(6) DESIGN.—Coins minted and issued under 
this subsection shall bear designs on the obverse and 
reverse that are close likenesses of the work of 
famed American coin designer and medallic artist 
Adolph Alexander Weinman— 
‘‘(A) the obverse shall bear a high-relief 
likeness of the ‘Winged Liberty’ design used on 
the obverse of the so-called ‘Mercury dime’; 
‘‘(B) the reverse shall bear a high-relief 
version of the reverse design of the 1907 Amer-
ican Institute of Architects medal; and 
‘‘(C) the coin shall bear such other inscrip-
tions, including ‘Liberty’, ‘In God We Trust’, 
‘United States of America’, the denomination 
and weight of the coin and the fineness of the 
metal, as the Secretary determines to be appro-
priate and in keeping with the original design. 
‘‘(7) MINT FACILITY.—Any United States mint, 
other than the United States Mint at West Point, 
New York, may be used to strike coins minted under 
this subsection other than any proof version of any 
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HR 6166 RFS
‘United States of America’, the denomination 
and weight of the coin and the fineness of the 
metal, as the Secretary determines to be appro-
priate and in keeping with the original design. 
‘‘(7) MINT FACILITY.—Any United States mint, 
other than the United States Mint at West Point, 
New York, may be used to strike coins minted under 
this subsection other than any proof version of any 
such coin. If the Secretary determines that it is ap-
propriate to issue any proof version of such coin, 
coins of such version shall be struck only at the 
United States Mint at West Point, New York. 
‘‘(8) MARKETING STUDY DEFINED.—The mar-
ket study described in paragraph (1) means an anal-
ysis of the market for palladium bullion investments 
conducted by a reputable, independent third party 
that demonstrates that there would be adequate de-
mand for palladium bullion coins produced by the 
United States Mint to ensure that such coins could 
be minted and issued at no net cost to taxpayers.’’. 
SEC. 3. BUDGETARY EFFECT. 
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 
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Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives September 29, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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I 
111TH CONGRESS 
2D SESSION 
H. R. 6167 
To amend title 46, United States Code, to require the Federal Maritime 
Commission to maintain an Office of Dispute Resolution and Customer 
Advocate, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2010 
Mr. OBERSTAR (for himself and Mr. CUMMINGS) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 46, United States Code, to require the Fed-
eral Maritime Commission to maintain an Office of Dis-
pute Resolution and Customer Advocate, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Shipping Act of 2010’’. 
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
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sion, the reference shall be considered to be made to a 
section or other provision of title 46, United States Code. 
SEC. 3. OFFICE OF DISPUTE RESOLUTION AND CUSTOMER 
ADVOCATE. 
(a) IN GENERAL.—Chapter 3 is amended by adding 
at the end the following new section: 
‘‘§ 308. Office of Dispute Resolution and Customer 
Advocate 
‘‘(a) IN GENERAL.—(1) The Commission shall main-
tain an Office of Dispute Resolution and Customer Advo-
cate that shall— 
‘‘(A) mediate disputes between persons subject 
to the Commission’s jurisdiction; 
‘‘(B) facilitate communication among persons 
subject to the Commission’s jurisdiction and their 
customers; and 
‘‘(C) carry out other duties and powers pre-
scribed by the Commission. 
‘‘(2) The confidentiality and neutrality provisions of 
the subchapter IV of chapter 5, United States Code, shall 
apply to those mediation and facilitation services. 
‘‘(b) OMBUDSMAN.—The Chairman may designate an 
employee of the Commission to serve as an ombudsman 
of the Commission in matters of Commission interest, in-
cluding matters related to ocean transportation, mergers 
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and acquisitions, or any other matter designated by the 
Commission.’’. 
(b) CONFORMING AMENDMENT.—The analysis at the 
beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘308. Office of Dispute Resolution and Customer Advocate.’’. 
SEC. 4. OCEAN SHIPPING ADVISORY COMMITTEE. 
(a) IN GENERAL.—Chapter 3 is further amended by 
adding at the end the following new section: 
‘‘§ 309. Ocean Shipping Advisory Committee 
‘‘(a) IN GENERAL.—The Commission shall establish 
an Ocean Shipping Advisory Committee. The Com-
mittee— 
‘‘(1) may review proposed ocean shipping regu-
lations and policies of the Commission and make 
recommendations to the Commission that the Com-
mittee considers appropriate; 
‘‘(2) may advise, consult with, report to, and, 
upon approval by at least all but one of the members 
then serving on the Committee, make recommenda-
tions to the Commission on matters relating to 
ocean shipping transportation by persons subject to 
this subtitle; 
‘‘(3) may make available to Congress rec-
ommendations that the Committee makes to the 
Commission; 
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‘‘(4) shall meet at the call of— 
‘‘(A) the Chairman of the Commission, in 
consultation with the other Commissioners, who 
shall call such a meeting at least once during 
each calendar year; or 
‘‘(B) a majority of the Committee; and 
‘‘(5) shall not intervene in or seek to influence 
formal or informal adjudicatory or dispute resolution 
proceedings before the Commission. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall con-
sist of 18 members appointed by the Commission in 
accordance with this subsection, each of whom has 
at least 5 years practical experience in their respec-
tive ocean shipping operations. The term of each 
member shall be 5 years. Before filling a position on 
the Committee, the Commission shall publish a no-
tice in the Federal Register soliciting nominations 
for membership on the Committee. 
‘‘(2) REPRESENTATIVES.—The membership of 
the Committee shall include— 
‘‘(A) 6 representatives of ocean common 
carriers with representation to include those 
serving the east, west, gulf and Great Lakes 
coasts of the United States; 
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‘‘(B) 3 representatives of nonvessel-oper-
ating common carriers; 
‘‘(C) 3 representatives of ocean freight for-
warders; 
‘‘(D) 3 representatives of shippers that im-
port goods into the United States, at least one 
of which must represent small shippers; and 
‘‘(E) 3 representatives of shippers that ex-
port goods from the United States, at least one 
of which must represent small shippers. 
‘‘(c) CHAIRMAN AND VICE CHAIRMAN.— 
‘‘(1) IN GENERAL.—The Committee shall elect 
one of its members as the Chairman and one of its 
members as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity 
of the Chairman, or in the event of a vacancy in the 
office of the Chairman. 
‘‘(2) DESIGNATION OF OBSERVER.—The Chair-
man of the Commission shall designate a representa-
tive to participate as an observer with the Com-
mittee. The individual so designated shall act as the 
executive secretary of the Committee and shall per-
form the duties set forth in section 10(c) of the Fed-
eral Advisory Committee Act (5 U.S.C. App.). 
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‘‘(d) CONSIDERATION
OF INFORMATION, ADVICE, 
AND RECOMMENDATIONS.—The Commission shall con-
sider the information, advice, and recommendations of the 
Committee in formulating policy regarding matters affect-
ing ocean commerce. 
‘‘(e) COMPENSATION AND EXPENSES.— 
‘‘(1) IN
GENERAL.—A member of the Com-
mittee, when attending meetings of the Committee 
or when otherwise engaged in the business of the 
Committee, may receive— 
‘‘(A) compensation at a rate fixed by the 
Chairman of the Commission, not exceeding the 
daily equivalent of the then current rate of 
basic pay in effect for Level 18 of the General 
Schedule under section 5332 of title 5, includ-
ing for travel time; and 
‘‘(B) travel or transportation expenses 
under section 5703 of title 5. 
‘‘(2) NOT AN OFFICER OR EMPLOYEE.—A mem-
ber of the Committee shall not be considered to be 
an officer or employee of the United States for any 
purpose based on their receipt of any payment under 
this subsection. 
‘‘(f) TERMINATION.— 
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‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of the Federal Advisory Committee Act (5 
U.S.C. App.), the Committee terminates on Sep-
tember 30, 2015. 
‘‘(2) 
RECOMMENDATION
REGARDING.—Two 
years before the termination date under paragraph 
(1), the Committee shall submit to Congress its rec-
ommendation regarding whether the Committee 
should be renewed and continued beyond the termi-
nation date.’’. 
(b) CONFORMING AMENDMENT.—The analysis at the 
beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘309. Ocean Shipping Advisory Committee.’’. 
SEC. 5. PURPOSES OF REGULATION OF OCEAN SHIPPING. 
Section 40101(3) is amended to read as follows: 
‘‘(3) to allow, to the maximum extent possible, 
competition and the demand for services to deter-
mine fair and efficient market rates and charges for 
transportation by common carriers; and’’. 
SEC. 6. AMENDMENTS TO DEFINITIONS FOR PART. 
(a) IN GENERAL.—Section 40102 is amended— 
(1) by striking paragraph (7); 
(2) by redesignating paragraphs (5) and (6) as 
paragraphs (6) and (7), respectively; 
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(3) by redesignating paragraphs (10) through 
(22) as paragraphs (12) through (24), respectively; 
(4) by redesignating paragraphs (23) through 
(25) as paragraphs (26) through (28), respectively; 
(5) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) CAPACITY
RATIONALIZATION.—The term 
‘capacity rationalization’ means a concerted reduc-
tion, stabilization, withholding, or other limitation in 
any manner by ocean common carriers on the size 
or number of vessels or available space offered col-
lectively or individually to shippers in any trade or 
service.’’; 
(6) by striking ‘‘ocean’’ in paragraph (8); 
(7) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) EFFICIENCY
AND
SERVICE-ENHANCING 
AGREEMENT.—The term ‘efficiency and service-en-
hancing agreement’ means an agreement between 
ocean common carriers that— 
‘‘(A) is likely to produce cognizable effi-
ciencies and improves the service and reliability 
that would be offered individually by each of its 
members in the absence of such agreement, 
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while maintaining adequate competition in a 
trade or service; and 
‘‘(B) gives members of the agreement the 
right to withdraw from the agreement without 
financial or other penalty. 
‘‘(11) 
EQUIPMENT
PROVIDER.—The 
term 
‘equipment provider’ means a person in the United 
States that rents or leases marine cargo containers, 
or chassis for marine cargo containers, to shippers 
or common carriers for use in or related to transpor-
tation by water of cargo between the United States 
and a foreign country.’’; 
(8) by amending paragraph (22), as so redesig-
nated, to read as follows: 
‘‘(22) SERVICE CONTRACT.—The term ‘service 
contract’ means a written contract, other than a bill 
of lading or receipt, between one or more shippers 
and a common carrier, in which— 
‘‘(A) the shipper or shippers commit to 
providing a certain volume or portion of cargo 
over a fixed time period; and 
‘‘(B) the common carrier commits to a cer-
tain rate or rate schedule and a defined service 
level that includes assured space and other serv-
ice features.’’; and 
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(9) by inserting after paragraph (24), as so re-
designated, the following: 
‘‘(25) 
SURCHARGE.—The 
term 
‘surcharge’ 
means an amount charged by a common carrier re-
lated directly to a particular expense or cost in-
curred by the common carrier that is not included 
in the basic freight rate.’’. 
(b) CONFORMING AMENDMENT.—Section 431A(b)(1) 
of the Tariff Act of 1930 (19 U.S.C. Sec. 1431a(b)(1)) 
is amended by striking ‘‘section 40102(16)’’ and inserting 
‘‘section 40102(18)’’. 
SEC. 7. ADMINISTRATIVE EXEMPTIONS. 
Section 40103(a) is amended by striking ‘‘agree-
ments’’ and all that follows through ‘‘from any require-
ment’’ and inserting ‘‘agreements subject to this part or 
any specified activity of persons subject to this part from 
any requirement’’. 
SEC. 8. TREATMENT OF CERTAIN COMMISSION ORDERS AS 
INVESTIGATIVE ORDERS. 
Section 40104(b) is amended to read as follows: 
‘‘(b) TREATMENT OF CERTAIN COMMISSION ORDERS 
AS INVESTIGATIVE ORDERS.—A Commission order requir-
ing a report, account, record, rate, charge, or memo-
randum pursuant to subsection (a) constitutes an inves-
tigative order to specific individuals or entities rather than 
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a collection of information from a category or class of indi-
viduals or entities.’’. 
SEC. 9. APPLICATION OF LAWS REGULATING OCEAN SHIP-
PING. 
Section 40301 is amended as follows: 
(1) By amending subsection (a) to read as fol-
lows: 
‘‘(a) OCEAN COMMON CARRIER AGREEMENTS.—This 
part applies to an efficiency and service-enhancing agree-
ment between or among ocean common carriers to— 
‘‘(1) share vessels or space on voyages between 
ports; 
‘‘(2) discuss the number and character of voy-
ages between those ports; and 
‘‘(3) engage in an exclusive, preferential, or co-
operative working arrangement between themselves 
or with a marine terminal operator.’’. 
(2) In subsection (c) by inserting before the pe-
riod the following: ‘‘that does not result in a change 
of control of an ocean common carrier’’. 
SEC. 10. RESTRICTIONS ON OCEAN COMMON CARRIER 
AGREEMENTS. 
(a) IN GENERAL.—Section 40303 is amended as fol-
lows: 
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(1) By striking so much as precedes subsection 
(d) and inserting the following: 
‘‘(a) OCEAN COMMON CARRIER AGREEMENTS.—An 
agreement between or among ocean common carriers may 
not— 
‘‘(1) allow members of the agreement to dis-
cuss, fix, or negotiate any kind of rate or charge 
with another member of the agreement; 
‘‘(2) allow members of the agreement to discuss 
or agree on capacity rationalization; 
‘‘(3) allow members of the agreement to estab-
lish a joint service, or pool or divide cargo traffic, 
earnings, revenues, or losses; 
‘‘(4) allow all members of the agreement to allo-
cate customers or markets; 
‘‘(5) allow members of the agreement to discuss 
or agree with another member on any service con-
tract matter; 
‘‘(6) prohibit or restrict a member of the agree-
ment from engaging in negotiations for a service 
contract with a shipper; or 
‘‘(7) require a member of the agreement to dis-
close a negotiation on a service contract, or the 
terms of a service contract, other than those terms 
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required to be published under section 40502(d) of 
this title.’’. 
(2) By redesignating subsection (d) as sub-
section (b). 
(b) 
CONFORMING
AMENDMENT.—Section 
41105(6)(A) is amended by striking ‘‘40303(d)’’ and in-
serting ‘‘40303(b)’’. 
SEC. 11. COMMISSION ACTION. 
Section 40304 is amended— 
(1) in subsection (b), by inserting ‘‘is not an ef-
ficiency and service-enhancing agreement or’’ after 
‘‘finds’’; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘or an ocean common carrier 
agreement’’ after ‘‘assessment agreement’’; and 
(B) in paragraph (2) by striking ‘‘(d)’’ and 
inserting ‘‘(e)’’; 
(3) by redesigning subsections (d) through (f) 
as subsection (e) through (g), respectively; 
(4) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) APPROVAL BY COMMISSION.— 
‘‘(1) IN GENERAL.—An ocean common carrier 
agreement filed under this part is not effective until 
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I 
111TH CONGRESS 
1ST SESSION 
H. R. 616 
To amend part B of title XVIII of the Social Security Act to provide 
for an exemption of pharmacies and pharmacists from certain Medicare 
accreditation requirements in the same manner as such exemption applies 
to certain professionals. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2009 
Mr. BERRY (for himself, Mr. MORAN of Kansas, Mr. ROGERS of Alabama, Mr. 
JONES, Mr. PAUL, Mrs. MCMORRIS RODGERS, Mrs. EMERSON, and Mr. 
WEXLER) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend part B of title XVIII of the Social Security 
Act to provide for an exemption of pharmacies and phar-
macists from certain Medicare accreditation requirements 
in the same manner as such exemption applies to certain 
professionals. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Nov 24 2008 
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SECTION 1. APPLICATION TO PHARMACIES AND PHAR-
MACISTS OF THE ELIGIBLE PROFESSIONAL 
EXEMPTION FROM CERTAIN MEDICARE AC-
CREDITATION REQUIREMENTS. 
Section 1834(a)(20)(F)(ii) of the Social Security Act 
(42 U.S.C. 1395m(a)(20)(F)(ii)), as added by section 
154(b)(1)(A) of the Medicare Improvements for Patients 
and Providers Act of 2008 (Public Law 110–275), is 
amended— 
(1) by inserting ‘‘pharmacies, and phar-
macists,’’ after ‘‘eligible professionals (as defined in 
section 1848(k)(3)(B)),’’; and 
(2) by inserting ‘‘, pharmacies, pharmacists,’’ 
after ‘‘such professionals’’ each place it appears. 
Æ 
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I 
111TH CONGRESS 
2D SESSION 
H. R. 6171 
To prohibit conditioning licensure of a health care provider upon participation 
in a health plan. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2010 
Mr. PRICE of Georgia (for himself, Mr. GINGREY of Georgia, Mr. FLEMING, 
Mr. SHADEGG, Mr. DANIEL E. LUNGREN of California, Mr. KING of 
Iowa, Mr. THOMPSON of Pennsylvania, Mr. CONAWAY, Mr. GOHMERT, 
Mr. FRANKS of Arizona, Mr. POSEY, Mr. ROONEY, Mr. BILBRAY, Mr. 
COFFMAN of Colorado, Mr. MCCLINTOCK, and Mr. ROE of Tennessee) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To prohibit conditioning licensure of a health care provider 
upon participation in a health plan. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medical Freedom Act 
of 2010’’. 
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SEC. 2. HEALTH CARE PROVIDER LICENSURE CANNOT BE 
CONDITIONED 
ON 
PARTICIPATION 
IN 
A 
HEALTH PLAN. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services and any State (as a condition of receiving 
Federal financial participation under title XIX of the So-
cial Security Act) may not require any health care pro-
vider to participate in any health plan as a condition of 
licensure of the provider in any State. 
(b) DEFINITIONS.—In this section: 
(1) HEALTH PLAN.—The term ‘‘health plan’’ 
has the meaning given such term in section 1171(5) 
of the Social Security Act (42 U.S.C. 1320d(5)), 
and includes a basic health program established 
under section 1331 of the Patient Protection and 
Affordable Care Act (Public Law 111–148), a quali-
fied health plan offered by a qualified nonprofit 
health insurance issuer under the Consumer Oper-
ated and Oriented Plan (CO–OP) program under 
section 1322 of such Act, a qualified health plan of-
fered under a health care choice compact under sec-
tion 1333 of such Act, a multi-state qualified health 
plan offered under section 1334 of such Act, or 
other health plan offered under title I of such Act. 
(2) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means any person or entity 
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that is required by State or Federal laws or regula-
tions to be licensed, registered, or certified to pro-
vide health care services and is so licensed, reg-
istered, or certified, or exempted from such require-
ment by other statute or regulation. 
(3) STATE.—The term ‘‘State’’ has the mean-
ing given such term for purposes of title XIX of the 
Social Security Act. 
Æ 
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