datamatters24/research-document-archive huggingface dataset:
HR 4078 PCS
establish a comment period of not more than 60 
days after publication in the Federal Register 
of notice of the date of public availability of 
such document, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(B) OTHER
COMMENTS.—For all other 
comment periods for agency or public comments 
in the environmental review process, the lead 
agency shall establish a comment period of no 
more than 30 days from availability of the ma-
terials on which comment is requested, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(4) 
DEADLINES
FOR
DECISIONS
UNDER 
OTHER LAWS.—Notwithstanding any other provision 
of law, in any case in which a decision under any 
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‘‘(iii) the funds expended from those other
sources equal or exceed the amount that would
be provided under this part.
‘‘(B) Notwithstanding subparagraph (A), the
number of children to receive services attending pri-
vate elementary and secondary schools, and the as-
sistance they receive under this part, shall be deter-
mined without regard to whether the public school
attendance area in which such children reside is
skipped under this paragraph.
‘‘(c) ALLOCATIONS.—(1) A local educational agency
shall allocate funds received under this part to eligible
school attendance areas or eligible schools, identified
under subsection (a) or (b), in rank order, on the basis
of the total number of children from low-income families
in each area or school.
‘‘(2)(A) Except as provided in subparagraph (B), the
per-pupil amount of funds allocated to each school attend-
ance area or school under paragraph (1) shall be at least
80 percent of the per-pupil amount of funds the local edu-
cational agency received for that year under sections 1123
and 1124.
‘‘(B) A local educational agency may reduce the
amount of funds allocated under subparagraph (A) for a
school attendance area or school by the amount of any
product if the Attorney General determines that the
particular drug product is manufactured and distrib-
uted in a manner that prevents diversion.
‘‘(2) FACTORS TO BE CONSIDERED.—In decid-
ing whether to reinstate the exemption with respect
to a particular drug product under paragraph (1),
the Attorney General shall consider—
‘‘(A) the package sizes and manner of
packaging of the drug product;
‘‘(B) the manner of distribution and adver-
tising of the drug product;
‘‘(C) evidence of diversion of the drug
product;
‘‘(D) any actions taken by the manufac-
turer to prevent diversion of the drug product;
and
‘‘(E) such other factors as are relevant to
and consistent with the public health and safe-
ty, including the factors described in subsection
(b) as applied to the drug product.
‘‘(3) STATUS PENDING APPLICATION FOR REIN-
STATEMENT.—A transaction involving a particular
drug product that is the subject of a bona fide pend-
ing application for reinstatement of exemption filed
with the Attorney General not later than 60 days
I 
112TH CONGRESS 
2D SESSION 
H. R. 4078 
To provide that no agency may take any significant regulatory action until 
the unemployment rate is equal to or less than 6.0 percent. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2012 
Mr. GRIFFIN of Arkansas (for himself, Mr. SMITH of Texas, Mr. COBLE, Mr. 
GALLEGLY, Mr. CHABOT, Mr. FRANKS of Arizona, Mr. POE of Texas, 
Mr. CHAFFETZ, Mr. MARINO, Mr. GOWDY, Mr. ROSS of Florida, Mrs. 
ADAMS, Mr. QUAYLE, Mr. AMODEI, and Mr. CARTER) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform, and in addition to the Committee on the Judiciary, 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 com-
mittee concerned 
A BILL 
To provide that no agency may take any significant regu-
latory action until the unemployment rate is equal to 
or less than 6.0 percent. 
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 ‘‘Regulatory Freeze for 
Jobs Act of 2012’’. 
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SEC. 2. DEFINITIONS. 
In this Act— 
(1) the terms ‘‘agency’’ and ‘‘rule’’ have the 
meanings given such terms under section 551 of title 
5, United States Code; 
(2) the term ‘‘regulatory action’’ means any 
substantive action by an agency that promulgates or 
is expected to lead to the promulgation of a final 
rule or regulation, including notices of inquiry, ad-
vance notices of proposed rulemaking, and notices of 
proposed rulemaking, but not including any sub-
stantive action by an agency for repealing a rule; 
(3) the term ‘‘significant regulatory action’’ 
means any regulatory action that is likely to result 
in a rule or guidance that may— 
(A) have an annual cost to the economy of 
$100,000,000 or more or adversely affect in a 
material way the economy, a sector of the econ-
omy, productivity, competition, jobs, the envi-
ronment, public health or safety, small entities, 
or State, local, or tribal governments or com-
munities; 
(B) create a serious inconsistency or other-
wise interfere with an action taken or planned 
by another agency; 
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HR 4078 PCS
‘‘(a) IN GENERAL.—Unless otherwise expressly pro-
hibited by law, before promulgating any general notice of 
proposed rulemaking or any final rule, or within six 
months after promulgating any final rule that was not pre-
ceded by a general notice of proposed rulemaking, if the 
proposed rulemaking or final rule includes a Federal man-
date that may result in an annual effect on State, local, 
or tribal governments, or to the private sector, in the ag-
gregate of $50,000,000 or more in any 1 year, the agency 
shall prepare a written statement containing the following: 
‘‘(1) The text of the draft proposed rulemaking 
or final rule, together with a reasonably detailed de-
scription of the need for the proposed rulemaking or 
final rule and an explanation of how the proposed 
rulemaking or final rule will meet that need. 
‘‘(2) An assessment of the potential costs and 
benefits of the proposed rulemaking or final rule, in-
cluding an explanation of the manner in which the 
proposed rulemaking or final rule is consistent with 
a statutory requirement and avoids undue inter-
ference with State, local, and tribal governments in 
the exercise of their governmental functions. 
‘‘(3) A qualitative and quantitative assessment, 
including the underlying analysis, of benefits antici-
pated from the proposed rulemaking or final rule 
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tem lands the Secretary of Agriculture, a written re-
quest that the Secretary grant temporary relief from 
any order issued under section 146 together with a 
detailed statement giving reasons for such relief. 
The Secretary concerned shall expeditiously issue an 
order or decision granting or denying such relief. 
The Secretary concerned may grant such relief 
under such conditions as he or she may prescribe 
only if such relief shall not adversely affect the 
health or safety of the public or cause imminent en-
vironmental harm to land, air, or water resources. 
(5) The availability of review under this sub-
section shall not be construed to limit the operation 
of rights under section 144 (relating to citizen 
suits). 
(b) COSTS.—Whenever a proceeding occurs under 
subsection (a), at the request of any person, a sum equal 
to the aggregate amount of all costs and expenses (includ-
ing attorney fees) as determined by the Secretary or Sec-
retaries concerned or the court to have been reasonably 
incurred by such person for or in connection with partici-
pation in such proceedings, including any judicial review 
of the proceeding, may be assessed against either party 
as the court, in the case of judicial review, or the Secretary 
or Secretaries concerned in the case of administrative pro-
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SEC. 5. JUDICIAL REVIEW. 
(a) REVIEW.—Any party adversely affected 
or aggrieved by any rule or guidance result-
ing from a final significant regulatory action 
taken in violation of this Act is entitled to ju-
dicial review in accordance with chapter 7 of 
title 5, United States Code. Any determination 
by either the President or the Secretary of 
Labor under this Act shall be subject to judi-
cial review under such chapter. 
(b) JURISDICTION.—Each court having ju-
risdiction to review any rule or guidance re-
sulting from a final significant regulatory ac-
tion for compliance with any other provision 
of law shall have jurisdiction to review all 
claims under this Act. 
(c) RELIEF.—In granting any relief in any 
civil action under this section, the court shall 
order the agency to take corrective action 
consistent with this Act and chapter 7 of title 
5, United States Code, including remanding 
the rule or guidance resulting from the final 
significant regulatory action to the agency 
and enjoining the application or enforcement 
of that rule or guidance, unless the court 
finds by a preponderance of the evidence that 
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I 
112TH CONGRESS 
2D SESSION 
H. R. 4080 
To direct the Architect of the Capitol to acquire a statue of ‘‘The Unknown 
Slave’’ for permanent display in Emancipation Hall in the Capitol Visitor 
Center, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2012 
Mr. ACKERMAN introduced the following bill; which was referred to the 
Committee on House Administration 
A BILL 
To direct the Architect of the Capitol to acquire a statue 
of ‘‘The Unknown Slave’’ for permanent display in 
Emancipation Hall in the Capitol Visitor Center, 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. STATUE OF ‘‘THE UNKNOWN SLAVE’’. 
Not later than 180 days after the date of the enact-
ment of this Act, the Architect of the Capitol (hereafter 
in this Act referred to as the ‘‘Architect’’) shall solicit bids 
and enter into an agreement for the creation of a statue 
of ‘‘The Unknown Slave’’. The Architect shall acquire and 
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permanently display that statue in Emancipation Hall in 
the Capitol Visitor Center. 
SEC. 2. CONSULTATION WITH CONGRESSIONAL BLACK 
CAUCUS. 
The Architect shall carry out this Act in consultation 
with the Congressional Black Caucus. 
Æ 
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‘‘(C) how and where the services will be pro-
vided; and
‘‘(D) how the services will be assessed.
‘‘(2) Consultation shall occur before the local edu-
cational agency makes any decision that affects the oppor-
tunities of eligible private school children to participate in
programs under this part.
‘‘(3) Consultation shall include a discussion of the full
range of service delivery mechanisms a local educational
agency could use to provide equitable services to eligible
private school children including, but not limited to, in-
struction provided at public school sites, at neutral sites,
and in mobile vans, computer-assisted instruction, ex-
tended-day services, home tutoring, and instruction pro-
vided with take-home computers.
‘‘(c) PUBLIC CONTROL OF FUNDS.—(1) The control
of funds provided under this part, and title to materials,
equipment, and property purchased with those funds, shall
be in a public agency, and a public agency shall administer
such funds and property.
‘‘(2)(A) The provision of services under this section
shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by such public agency
with an individual, association, agency, or organiza-
tion.
‘‘(B) In the provision of such services, such employee,
person, association, agency, or organization shall be inde-
pendent of such private school and of any religious organi-
zation, and such employment or contract shall be under
the control and supervision of such public agency.
‘‘(d) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for
the participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or
if the Secretary determines that a local educational agency
has substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall—
‘‘(1) waive the requirements of this section for
such local educational agency; and
‘‘(2) arrange for the provision of services to
such children through arrangements that shall be
subject to the requirements of this section and sec-
tions 9505 and 9506 of this Act.
‘‘(e) CAPITAL EXPENSES.—(1)(A) From the amount
appropriated for this subsection under section 1002(e) for
any fiscal year, each State is eligible to receive an amount
IB 
Union Calendar No. 528 
112TH CONGRESS 
2D SESSION 
H. R. 4081 
[Report No. 112–725] 
To amend the Small Business Act to consolidate and revise provisions relating 
to contract bundling, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2012 
Mr. GRAVES of Missouri (for himself and Mr. WEST) introduced the following 
bill; which was referred to the Committee on Small Business 
DECEMBER 21, 2012 
Additional sponsors: Mr. CHABOT, Mr. MULVANEY, Mr. WALSH of Illinois, 
Mr. HANNA, Mr. SCHILLING, Ms. HERRERA BEUTLER, Mrs. ELLMERS, 
and Mr. MCKEON 
DECEMBER 21, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 17, 2012] 
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114
‘‘ELIGIBILITY
‘‘SEC. 1402. A State agency is eligible for assistance
under this part if it is responsible for providing free public
education for children—
‘‘(1) in institutions for neglected or delinquent
children;
‘‘(2) attending community-day programs for ne-
glected or delinquent children; or
‘‘(3) in adult correctional institutions.
‘‘ALLOCATION OF FUNDS
‘‘SEC. 1403. (a) SUBGRANTS TO STATE AGENCIES.—
Each State agency described in section 1402 (other than
an agency in the Commonwealth of Puerto Rico) is eligible
to receive under this part, for each fiscal year, an amount
equal to the product of—
‘‘(1) the number of neglected or delinquent chil-
dren in institutions or attending programs described
in section 1402, who are enrolled for at least 20
hours per week in education programs operated or
supported by such agency, which shall—
‘‘(A) be determined by such agency as of
a date or dates set by the Secretary; and
‘‘(B) be adjusted, as the Secretary deter-
mines is appropriate, to reflect the relative
length of such agency’s annual programs; and
115
‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than
32 percent, or more than 48 percent, of the average
per-pupil expenditure in the United States.
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO
RICO.—For each fiscal year, the amount of the grant for
which a State agency in the Commonwealth of Puerto Rico
is eligible under this part shall be equal to—
‘‘(1) the number of children counted under sub-
section (a)(1) for Puerto Rico; multiplied by the
product of—
‘‘(A) the percentage that the average per-
pupil expenditure in Puerto Rico is of the low-
est average per-pupil expenditure of any of the
50 States; and
‘‘(B) 32 percent of the average per-pupil
expenditure in the United States.
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFI-
CIENT APPROPRIATIONS.—If the amount appropriated for
any fiscal year for subgrants under subsections (a) and
(b) is insufficient to pay the full amount for which all
agencies are eligible under such subsections, the Secretary
shall ratably reduce each such amount.
A BILL 
To amend the Small Business Act to consolidate and revise 
provisions relating to contract bundling, and for other 
purposes. 
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ceedings, deems proper if it is determined that such party 
prevailed in whole or in part, achieving some success on 
the merits, and that such party made a substantial con-
tribution to a full and fair determination of the issues. 
SEC. 146. ENFORCEMENT. 
(a) ORDERS.— 
(1) If the Secretary, or for National Forest 
System lands the Secretary of Agriculture, or an au-
thorized representative of such Secretary, determines 
that any person is in violation of any environmental 
protection requirement under subtitle C or any regu-
lation issued by the Secretaries to implement this 
title, such Secretary or authorized representative 
shall issue to such person a notice of violation de-
scribing the violation and the corrective measures to 
be taken. The Secretary concerned, or the author-
ized representative of such Secretary, shall provide 
such person with a period of time not to exceed 30 
days to abate the violation. Such period of time may 
be extended by the Secretary concerned upon a 
showing of good cause by such person. If, upon the 
expiration of time provided for such abatement, the 
Secretary concerned, or the authorized representa-
tive of such Secretary, finds that the violation has 
not been abated he or she shall immediately order a 
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after a regulation removing the exemption is issued
pursuant to subsection (a) shall not be considered to
be a regulated transaction if the transaction occurs
during the pendency of the application and, if the
Attorney General denies the application, during the
period of 60 days following the date on which the
Attorney General denies the application, unless—
‘‘(A) the Attorney General has evidence
that, applying the factors described in sub-
section (b) to the drug product, the drug prod-
uct is being diverted; and
‘‘(B) the Attorney General so notifies the
applicant.
‘‘(4) AMENDMENT AND MODIFICATION.—A reg-
ulation reinstating an exemption under paragraph
(1) may be modified or revoked with respect to a
particular drug product upon a finding that—
‘‘(A) applying the factors described in sub-
section (b) to the drug product, the drug prod-
uct is being diverted; or
‘‘(B) there is a significant change in the
data that led to the issuance of the regula-
tion.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Comprehensive Drug Abuse Prevention
cessation of all mineral activities or the portion 
thereof relevant to the violation. 
(2) If the Secretary concerned, or the author-
ized representative of the Secretary concerned, de-
termines that any condition or practice exists, or 
that any person is in violation of any requirement 
under a permit approved under this title, and such 
condition, practice or violation is causing, or can 
reasonably be expected to cause— 
(A) an imminent danger to the health or 
safety of the public; or 
(B) significant, imminent environmental 
harm to land, air, water, or fish or wildlife re-
sources, 
such Secretary or authorized representative shall im-
mediately order a cessation of mineral activities or 
the portion thereof relevant to the condition, prac-
tice, or violation. 
(3)(A) A cessation order pursuant to para-
graphs (1) or (2) shall remain in effect until such 
Secretary, or authorized representative, determines 
that the condition, practice, or violation has been 
abated, or until modified, vacated or terminated by 
the Secretary or authorized representative. In any 
such order, the Secretary or authorized representa-
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SECTION 1. EXTENSION OF FUNDING FOR FAMILY-TO-FAM-
ILY HEALTH INFORMATION CENTERS. 
Section 501(c)(1)(A)(iii) of the Social Security Act 
(42 U.S.C. 701(c)(1)(A)(iii)) is amended by striking 
‘‘2012’’ and inserting ‘‘2015’’. 
Æ 
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I 
112TH CONGRESS 
2D SESSION 
H. R. 4085 
To amend the Food, Conservation, and Energy Act of 2008 to extend and 
improve the milk income loss contract program. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2012 
Mr. WELCH (for himself, Mr. COURTNEY, Mr. OWENS, Ms. HOCHUL, Mr. 
HIGGINS, and Mr. OLVER) introduced the following bill; which was re-
ferred to the Committee on Agriculture 
A BILL 
To amend the Food, Conservation, and Energy Act of 2008 
to extend and improve the milk income loss contract 
program. 
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 ‘‘MILC Continuation 
Act of 2012’’. 
SEC. 2. MILK INCOME LOSS CONTRACT PROGRAM. 
Section 1506 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 8773) is amended— 
(1) in subsection (c)(3)— 
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(A) in subparagraph (A), by adding ‘‘and’’ 
at the end; 
(B) in subparagraph (B)— 
(i) by striking ‘‘August 31, 2012’’ and 
inserting ‘‘September 30, 2013’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(C) by striking subparagraph (C); 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘August 
31, 2012’’ and inserting ‘‘September 30, 
2013’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2); 
(3) in subsection (e)(2)(A)— 
(A) in clause (i), by adding ‘‘and’’ at the 
end; 
(B) in clause (ii)— 
(i) by striking ‘‘August 31, 2012’’ and 
inserting ‘‘September 30, 2013’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(C) by striking clause (iii); and 
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(4) in subsections (g) and (h)(1), by striking 
‘‘2012’’ each place it appears and inserting ‘‘2013’’. 
Æ 
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