datamatters24/research-document-archive huggingface dataset:
‘‘(cc) in subclause (IV), by 
substituting ‘2.7’ for ‘3.375’; and 
‘‘(dd) in subclause (V), by 
substituting ‘3.6’ for ‘4.5’; 
‘‘(III) for fiscal year 2014, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.05’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.575’ for ‘2.25’; 
‘‘(cc) in subclause (IV), by 
substituting ‘2.363’ for ‘3.375’; 
and 
‘‘(dd) in subclause (V), by 
substituting ‘3.15’ for ‘4.5’; and 
‘‘(IV) for fiscal year 2015, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.0’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.58’ for ‘2.25’; 
‘‘(cc) in subclause (IV), by 
substituting ‘2.36’ for ‘3.375’; 
and 
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‘‘(dd) in subclause (V), by 
substituting ‘3.15’ for ‘4.5’.’’. 
(c) STATES WITH AN EQUITY FACTOR GREATER 
THAN OR EQUAL TO 0.20.—Section 1125A(d)(3)(B) of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6337(d)(3)(B)) is amended— 
(1) in clause (iii), by striking ‘‘The amount’’ 
and inserting ‘‘Except as otherwise provided in 
clause (iv), the amount’’; and 
(2) by adding at the end the following: 
‘‘(iv) FISCAL
YEARS
2012
THROUGH 
2015.—Notwithstanding clause (iii) or any 
other provision of this subparagraph— 
‘‘(I) for fiscal year 2012, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.80’ for ‘2.0’; 
‘‘(bb) in subclause (III), by 
substituting ‘2.70’ for ‘3.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘4.05’ for ‘4.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘5.4’ for ‘6.0’; 
‘‘(II) for fiscal year 2013, clause 
(iii) shall be applied— 
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‘‘(aa) in subclause (II), by 
substituting ‘1.6’ for ‘2.0’; 
‘‘(bb) in subclause (III), by 
substituting ‘2.4’ for ‘3.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘3.6’ for ‘4.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘4.8’ for ‘6.0’; 
‘‘(III) for fiscal year 2014, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.4’ for ‘2.0’; 
‘‘(bb) in subclause (III), by 
substituting ‘2.1’ for ‘3.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘3.15’ for ‘4.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘4.2’ for ‘6.0’; and 
‘‘(IV) for fiscal year 2015, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.4’ for ‘2.0’; 
‘‘(bb) in subclause (III), by 
substituting ‘2.1’ for ‘3.0’; 
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‘‘(cc) in subclause (IV), by 
substituting ‘3.15’ for ‘4.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘4.2’ for ‘6.0’.’’. 
Æ 
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(3) by redesignating subparagraphs (A) and
(B) of paragraph (2) as clauses (i) and (ii);
(4) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(5) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(6) by adding at the end the following new
paragraph:
‘‘(2) No payment may be made under part B for any
expense incurred for a covered outpatient drug if the drug
is dispensed in a quantity exceeding a supply of 30 days
or such longer period of time (not to exceed 90 days, ex-
cept in exceptional circumstances) as the Secretary may
authorize.’’.
(e) USE
OF CARRIERS, FISCAL INTERMEDIARIES,
AND OTHER ENTITIES IN ADMINISTRATION.—
(1) AUTHORIZING USE OF OTHER ENTITIES IN
ELECTRONIC CLAIMS SYSTEM.—Section 1842(f) of
such Act (42 U.S.C. 1395u(f)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (1);
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(3) with respect to implementation and oper-
ation (and related functions) of the electronic system
established under subsection (o)(4), a voluntary as-
sociation, corporation, partnership, or other non-
governmental organization, which the Secretary de-
termines to be qualified to conduct such activities.’’.
(2) ADDITIONAL
FUNCTIONS
OF
CARRIERS.—
Section 1842(b)(3) of such Act (42 U.S.C.
1395u(b)(3)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (H);
(B) by adding ‘‘and’’ at the end of sub-
paragraph (L);
(C) by redesignating subparagraph (L) as
subparagraph (I); and
(D) by inserting after subparagraph (I) (as
so redesignated) the following new subpara-
graphs:
‘‘(J) if it makes determinations or payments
with respect to covered outpatient drugs, will—
‘‘(i) receive information transmitted under
the electronic system established under sub-
section (o)(4), and
‘‘(ii) respond to requests by participating
pharmacies (and individuals entitled to benefits
‘‘(d) PROHIBITION ON VESSEL COVERAGE.—A vessel
may not be covered by an operating agreement if the vessel
is covered by an operation-differential subsidy contract
under title VI.
‘‘(e) TIME LIMIT FOR DECISION ON ENTERING OP-
ERATING AGREEMENT.—To the extent that the Secretary
is not restricted from entering into contracts under sub-
section (c), the Secretary shall enter an operating agree-
ment for a vessel within 90 days after making the decision
that the vessel is eligible to be enrolled in the Fleet under
section 403(a).
‘‘(f) EFFECTIVE
DATE
OF
OPERATING
AGREE-
MENT.—Except as provided in section 3(b) of the Mari-
time Security and Competitiveness Act of 1993, the effec-
tive date of an operating agreement may not be later than
the later of—
‘‘(1) 30 days after the date the agreement is
entered; or
‘‘(2) the date the vessel covered by the agree-
ment enters into the trade required under section
405(a)(1)(A).
‘‘(g) EXPIRATION OF OFFERS FOR AGREEMENTS.—
Unless extended by the Secretary, an offer by the Sec-
retary to enter into an operating agreement under this
section expires 120 days after the date of the offer.
areas and regions in the continental United States, 
Hawai‘i, American Samoa, the Commonwealth of the 
Northern Mariana Islands, the Federated States of 
Micronesia, Guam, the Republic of Palau, and the 
Republic of the Marshall Islands in which NHOPI 
people reside. 
‘‘(2) CONTENTS.—The health survey described 
in paragraph (1) shall include health data and any 
other data the Secretary determines to be— 
‘‘(A) useful in determining health status 
and health care needs; or 
‘‘(B) required for developing or imple-
menting a national strategy. 
‘‘(3) METHODOLOGY.—Methodology for the 
health survey described in paragraph (1), including 
plans for designing questions, implementation, sam-
pling, and analysis, shall be developed in consulta-
tion with community groups, designated organiza-
tions, nonprofit, nongovernmental organizations, and 
government representatives of NHOPI populations, 
as determined by the Secretary. 
‘‘(4) TIMEFRAME.—The survey required under 
this subsection shall be completed not later than 18 
months after the date of enactment of the Native 
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(4) ‘‘Secretary’’ means the Secretary of the de-
partment in which the Coast Guard is operating.
HR 2150 RH——2
HR 2150 RH——3
HR 2150 RH——4
‘‘(h) LENGTH
OF
AGREEMENTS.—An operating
agreement is effective for 10 years from the effective date
of the agreement.
‘‘(i) TERMINATION OF AGREEMENT FOR FAILURE TO
PLACE VESSEL.—An operating agreement entered into by
the Secretary pursuant to subsection (b)(1), and the rights
under that agreement, are terminated at the end of the
90-day period beginning on the date the agreement is en-
tered into unless a vessel from the list maintained under
section 403(d) is covered by the agreement before the end
of that period.
‘‘(j) REPAYMENT REQUIREMENTS.—
‘‘(1) NONCOMPLIANCE.—A contractor that fails
to comply with the terms of an operating agreement
shall be liable to the United States Government for
all amounts received by the contractor as payments
for the vessel under this title with respect to the pe-
riod of that noncompliance.
‘‘(2) FAILURE TO OPERATE REPLACEMENT VES-
SEL.—A contractor under an operating agreement
that covers a vessel that is 25 or more years of age
and that fails to replace the vessel as provided in
section 405(a)(3) (A) or (B) shall be liable to the
United States Government for all amounts received
by the contractor as payments for the vessel under
Hawaiian and Other Pacific Islander Health Data 
Act of 2011. 
‘‘(d) PROGRESS REPORT.—Not later than 2 years 
after the date of enactment of the Native Hawaiian and 
Other Pacific Islander Health Data Act of 2011, the Sec-
retary shall submit to Congress a progress report, which 
shall include the national strategy described in subsection 
(b)(1). 
‘‘(e) STUDY AND REPORT BY THE IOM.— 
‘‘(1) IN GENERAL.—The Secretary shall enter 
into an agreement with the Institute of Medicine to 
conduct a study, with input from stakeholders in in-
sular areas, on the following: 
‘‘(A) The standards and definitions of 
health care applied to health care systems in in-
sular areas and the appropriateness of such 
standards and definitions. 
‘‘(B) The status and performance of health 
care systems in insular areas, evaluated based 
upon standards and definitions, as the Sec-
retary determines. 
‘‘(C) The effectiveness of donor aid in ad-
dressing health care needs and priorities in in-
sular areas. 
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‘‘(D) The progress toward implementation 
of recommendations of the Committee on 
Health Care Services in the United States—As-
sociated Pacific Basin of the Institute of Medi-
cine that are set forth in the 1998 report, ‘Pa-
cific Partnerships for Health: Charting a New 
Course for the 21st Century’. 
‘‘(2) REPORT.—An agreement described in 
paragraph (1) shall require the Institute of Medicine 
to submit to the Secretary and to Congress, not 
later than 2 years after the date of the enactment 
of the Native Hawaiian and Other Pacific Islander 
Health Data Act of 2011, a report containing a de-
scription of the results of the study conducted under 
paragraph (1), including the conclusions and rec-
ommendations of the Institute of Medicine for each 
of the items described in subparagraphs (A) through 
(D) of such paragraph. 
‘‘(f) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated such sums as may be necessary for fiscal years 
2012 through 2017.’’. 
Æ 
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I 
112TH CONGRESS 
1ST SESSION H. R. 2487 
To amend the Food, Conservation, and Energy Act of 2008 to terminate 
direct payments for the 2012 crop year. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2011 
Mr. FLAKE introduced the following bill; which was referred to the Committee 
on Agriculture 
A BILL 
To amend the Food, Conservation, and Energy Act of 2008 
to terminate direct payments for the 2012 crop year. 
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 ‘‘Reducing the Deficit 
through Eliminating Agriculture Direct Payment Sub-
sidies Act of 2011’’ or ‘‘REAPS Act of 2011’’. 
SEC. 2. TERMINATION OF FARM BILL DIRECT PAYMENTS. 
(a) TERMINATION OF DIRECT PAYMENTS.— 
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(1) COVERED COMMODITIES.—Section 1103 of 
the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8713) is repealed. 
(2) PEANUTS.—Section 1304 of the Food, Con-
servation, and Energy Act of 2008 (7 U.S.C. 8754) 
is repealed. 
(b) PAYMENT LIMITATION ADJUSTMENT TO RE-
FLECT TERMINATION.—Section 1001 of the Food Secu-
rity Act of 1985 (7 U.S.C. 1308) is amended— 
(1) in subsection (b)(3), by striking ‘‘the sum 
of’’ and all that follows through ‘‘(1)(B).’’ and in-
serting ‘‘$65,000.’’; and 
(2) in subsection (c)(3), by striking ‘‘the sum 
of’’ and all that follows through ‘‘(1)(B).’’ and in-
serting ‘‘$65,000.’’. 
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply with respect to the 
2012 crop year. 
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report setting forth for the service authorized by the waiv-
er—
‘‘(1) the ports served during the year;
‘‘(2) the number or frequency of sailings per-
formed during the year; and
‘‘(3) the volume of cargo carried or, for contain-
erized or trailer service, the annual 40-foot equiva-
lent unit shipboard container, trailer, or vehicle ca-
pacity utilized during the year, or for tug and barge
service, the annual barge house and barge deck ca-
pacity utilized during the year.
‘‘(e) DEFINITIONS.—In this section—
‘‘(1) the term ‘noncontiguous trade’ means
trade between—
‘‘(A) the contiguous 48 States; and
‘‘(B) Alaska, Hawaii, or Puerto Rico; and
‘‘(2) the term ‘related party’ means—
‘‘(A) a holding company, subsidiary, affili-
ate, or associate of a contractor; and
‘‘(B) an officer, director, agency, or other
executive of a contractor or of a person referred
to in subparagraph (A).
‘‘(iv) the vessel is delivered from the foreign
shipyard within 30 months after the Secretary’s cer-
tification under clause (iii); and
‘‘(v) the vessel is substantially the same type
and design as the vessel described in the solicitation
made under clause (ii); and
‘‘(4) the vessel is self-propelled and is—
‘‘(A) a container vessel with a capacity of
at least 750 Twenty-foot Equivalent Units;
‘‘(B) a roll-on/roll-off vessel with a carry-
ing capacity of at least 80,000 square feet or
500 Twenty-foot Equivalent Units;
‘‘(C) a LASH vessel with a barge capacity
of at least 75 barges;
‘‘(D) a vessel subject to a contract under
title VI on May 19, 1993; or
‘‘(E) any other type of vessel that is deter-
mined by the Secretary to be suitable for use by
the United States for national defense or mili-
tary purposes in time of war or national emer-
gency.
‘‘(c) DETERMINATIONS OF ELIGIBILITY.—
‘‘(1) DETERMINATIONS
REQUIRED.—The Sec-
retary shall make determinations under subsection
‘‘(i) 17 sailings each year in each di-
rection between ports in Washington, Or-
egon, and Northern California and ports in
Hawaii with an annual barge house cubic
foot capacity and annual barge deck 40-
foot equivalent unit container capacity in
each direction of 100 percent of the total
of the capacity of its vessels employed in
the service during the 6 calendar months
preceding July 1, 1992, annualized;
‘‘(ii) 253 sailings each year in each di-
rection between the East Coast or Gulf
Coast of the United States and Puerto
Rico with an annual 40-foot equivalent
unit container or trailer capacity equal to
100 percent of the capacity of its barges
employed in the service on the date of the
enactment of the Maritime Security and
Competitiveness Act of 1993;
‘‘(iii) 37 regularly scheduled tandem
tow rail barge sailings and 10 additional
single tow rail barge sailings each year in
each direction between Washington and the
Alaskan port range between and including
Anchorage and Whittier with an annual
HR 2489 PCS 
(8) In paragraph (9) (as redesignated by para-
graph (6)), by striking ‘‘2013’’ and inserting 
‘‘2017’’. 
Passed the House of Representatives September 10, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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673
HR 2264 EAS
‘‘(ii) if the institution does not have an
agreement with the Secretary under sub-
section (b), concerning student eligibility
and need, as determined under subpara-
graphs (A) and (B), to the Secretary as
needed for the alternative origination of
loans to eligible students and parents in ac-
cordance with this part;
‘‘(2) provide assurances that the institution will
comply with requirements established by the Secretary
relating to student loan information with respect to
loans made under this part;
‘‘(3) provide that the institution accepts respon-
sibility and financial liability stemming from its fail-
ure to perform its functions pursuant to the agree-
ment;
‘‘(4) provide that students at the institution and
their parents (with respect to such students) will be
eligible to participate in the programs under part B
of this title at the discretion of the Secretary for the
period during which such institution participates in
the direct student loan program under this part;
‘‘(5) provide for the implementation of a quality
assurance system, as established by the Secretary and
developed in consultation with institutions of higher
‘‘(B) an officer, director, agency, or other
executive of a contractor or of a person referred
to in subparagraph (A).
‘‘SEC. 407. OPERATING COMPETING FOREIGN VESSELS.
‘‘(a) IN GENERAL.—Except as provided in this sec-
tion, a contractor (including a related party with respect
to a contractor) may not own, charter, or operate a foreign
vessel in competition with a United States documented
vessel.
‘‘(b) EXCEPTION.—Subsection (a) does not apply to
a foreign vessel if—
‘‘(1)(A) the contractor has applied for an oper-
ating agreement for a vessel to be operated in the
same service as the foreign vessel; and
‘‘(B) the Secretary, due to the unavailability of
funds, does not award an operating agreement to
that contractor for a United States documented ves-
sel for that service within 60 days after that applica-
tion is submitted;
‘‘(2) the Secretary, after notice and an oppor-
tunity for a hearing, under special circumstances,
and for good cause shown, waives subsection (a) for
the contractor for a specified period of time; or
‘‘(3) the foreign vessel was operated by that
contractor on August 5, 1993.
Calendar No. 505 
112TH CONGRESS 
2D SESSION 
H. R. 2489 
AN ACT 
To authorize the acquisition and protection of na-
tionally significant battlefields and associated 
sites of the Revolutionary War and the War of 
1812 under the American Battlefield Protection 
Program. 
SEPTEMBER 11, 2012 
Received; read twice and placed on the calendar 
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a payment with respect to all claims which were received
and approved for payment in the period since the most
recent date on which such a payment was made with re-
spect to the participating pharmacy or individual submit-
ting the claim.
‘‘(B) If payment is not issued, mailed, or otherwise
transmitted within 5 days of when such a payment is re-
quired to be made under subparagraph (A), interest shall
be paid at the rate used for purposes of section 3902(a)
of title 31, United States Code (relating to interest pen-
alties for failure to make prompt payments) for the period
beginning on the day after such 5-day period and ending
on the date on which payment is made.’’.
(f) MODIFICATION OF HMO/CMP CONTRACTS.—
(1) SEPARATE
ACTUARIAL
DETERMINATION
FOR COVERED OUTPATIENT DRUG BENEFIT.—Sec-
tion 
1876(e)(1) 
of 
such 
Act 
(42 
U.S.C.
1395mm(e)(1)) is amended by adding at the end
thereof the following new sentence: ‘‘The preceding
sentence shall be applied separately with respect to
covered outpatient drugs.’’.
(2) ADDITIONAL OPTIONAL BENEFITS.—Section
1876(g)(3)(A) 
of 
such 
Act 
(42 
U.S.C.
1395mm(g)(3)(A)) is amended by striking ‘‘rate’’
and inserting ‘‘rates’’.
(g) CONFORMING AMENDMENTS.—
(1) The first sentence of section 1866(a)(2)(A)
(42 U.S.C. 1395cc(a)(2)(A)) is amended—
(A) 
by 
inserting 
‘‘1834(d),’’ 
after
‘‘1833(b),’’; and
(B) by inserting ‘‘and in the case of cov-
ered outpatient drugs, applicable coinsurance
percent (specified in section 1834(d)(2)(C)) of
the lesser of the actual charges for the drugs or
the payment limit (established under section
1834(d)(3))’’ after ‘‘established by the Sec-
retary’’.
(2) Section 1903(i)(5) (42 U.S.C. 1396b(i)(5))
is amended by striking ‘‘section 1862(c)’’ and insert-
ing ‘‘section 1862(c)(1)’’.
(h) PRESCRIPTION DRUG PAYMENT REVIEW COM-
MISSION.—Part B is amended by inserting after section
1846 the following new section:
‘‘PRESCRIPTION DRUG PAYMENT REVIEW COMMISSION
‘‘SEC. 1847. (a)(1) The Director of the Congressional
Office of Technology Assessment (in this section referred
to as the ‘Director’ and the ‘Office’, respectively) shall
provide for the appointment of a Prescription Drug Pay-
ment Review Commission (in this section referred to as
the ‘Commission’), to be composed of individuals with ex-
pertise in the provision and financing of covered out-
SEC. 2. REVOLUTIONARY WAR AND WAR OF 1812 AMERICAN 
BATTLEFIELD PROTECTION. 
Section 7301(c) of the Omnibus Public Land Man-
agement Act of 2009 (Public Law 111–11) is amended 
as follows: 
(1) In paragraph (1)— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) BATTLEFIELD
REPORT.—The term 
‘‘battlefield report’’ means, collectively— 
‘‘(i) the report entitled ‘Report on the 
Nation’s Civil War Battlefields’, prepared 
by the Civil War Sites Advisory Commis-
sion, and dated July 1993; and 
‘‘(ii) the report entitled ‘Report to 
Congress on the Historic Preservation of 
Revolutionary War and War of 1812 Sites 
in the United States’, prepared by the Na-
tional Park Service, and dated September 
2007.’’; and 
(B) in subparagraph (C)(ii), by striking 
‘‘Battlefield Report’’ and inserting ‘‘battlefield 
report’’. 
(2) In paragraph (2), by inserting ‘‘eligible sites 
or’’ after ‘‘acquiring’’. 
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(3) In paragraph (3), by inserting ‘‘an eligible 
site or’’ after ‘‘acquire’’. 
(4) In paragraph (4), by inserting ‘‘an eligible 
site or’’ after ‘‘acquiring’’. 
(5) In paragraph (5), by striking ‘‘An’’ and in-
serting ‘‘An eligible site or an’’. 
(6) By redesignating paragraph (6) as para-
graph (8). 
(7) By inserting after paragraph (5) the fol-
lowing new paragraphs: 
‘‘(6) WILLING
SELLERS.—Acquisition of land 
or interests in land under this subsection shall be 
from willing sellers only. 
‘‘(7) REPORT.—Not later than 5 years after the 
date of the enactment of this subsection, the Sec-
retary shall submit to Congress a report on the ac-
tivities carried out under this subsection, including 
a description of— 
‘‘(A) preservation activities carried out at 
the battlefields and associated sites identified in 
the battlefield report during the period between 
publication of the battlefield report and the re-
port required under this paragraph; 
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‘‘(B) changes in the condition of the bat-
tlefields and associated sites during that period; 
and 
‘‘(C) any other relevant developments re-
lating to the battlefields and associated sites 
during that period.’’. 
(8) By striking paragraph (8) (as redesignated 
by paragraph (6)) and inserting the following: 
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary to provide grants under this subsection for 
each of fiscal years 2012 through 2022— 
‘‘(A) $10,000,000 for the protection of 
Civil War battlefields; and 
‘‘(B) $10,000,000 for the protection of 
Revolutionary War and War of 1812 battle-
fields.’’. 
Æ 
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jbell on DSKDVH8Z91PROD with BILLS