datamatters24/research-document-archive huggingface dataset:
344 
source selection process for the KC–45 Aerial Refueling 
Aircraft Program sufficient to bring into question the fair-
ness of such source selection process, the Secretary shall 
take such measures as are necessary and appropriate to 
ensure that the effect of such subsidy or subsidies is re-
moved and the source selection process for the KC–45 
Aerial Refueling Aircraft Program is fair to all offerors. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘illegal subsidy’’ means a subsidy 
found to constitute a violation of the Agreement on 
Subsidies and Countervailing Measures. 
(2) The term ‘‘Agreement on Subsidies and 
Countervailing Measures’’ means the agreement de-
scribed in section 101(d)(12) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(12)). 
(3) The term ‘‘source selection’’, with respect to 
a program of the Department of Defense, means the 
selection, through the use of competitive procedures 
or such other procurement procedures as may be ap-
plicable, of a contractor to perform a contract to 
carry out the program. 
SEC. 802. ASSESSMENT OF URGENT OPERATIONAL NEEDS 
FULFILLMENT. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall commission a study and report by a federally
412 
(2) The Under Secretary of Defense for Acqui-
sition, Technology, and Logistics may waive the pro-
hibition in paragraph (1) upon certification to the 
congressional defense committees, along with sup-
porting rationale, that proceeding to low rate initial 
production is in the best interest of the Department 
of Defense. 
(f) DEFINITIONS.—In this section: 
(1) CONFIGURATION
STEERING
BOARD.—The 
term ‘‘Configuration Steering Board’’ means the 
committee described in the memorandum regarding 
Configuration Steering Boards from the Under Sec-
retary of Defense for Acquisition, Technology, and 
Logistics dated July 30, 2007, for the secretaries of 
the military departments, Chairman of the Joint 
Chiefs of Staff, Under Secretaries of Defense, and 
Commander, U.S. Special Operations Command. 
(2) MILESTONE B APPROVAL.—The term ‘‘Mile-
stone B approval’’ has the meaning provided in sec-
tion 2366(e)(7) of title 10, United States Code. 
(3) MILESTONE C APPROVAL.—The term ‘‘Mile-
stone C approval’’ has the meaning provided in sec-
tion 2366(e)(8) of title 10, United States Code. 
(4) MAJOR DEFENSE ACQUISITION PROGRAM.— 
The term ‘‘major defense acquisition program’’ has
871 
Subtitle F—Availability of Critical 
Energy Information 
SEC. 9501. FINDINGS. 
The Congress finds that— 
(1) the Energy Information Administration’s 
data is critical not merely for analysis of the role of 
energy in our economy and environment, but for the 
effective functioning of domestic and international 
energy markets. 
(2) Federal and State policymakers rely on the 
Energy Information Administration to collect and 
report State level energy information needed for en-
ergy policymaking, compliance with Federal and 
State mandates, and for purposes of emergency en-
ergy preparedness and response; 
(3) as policymakers consider and implement 
policies to cut greenhouse gas emissions, accurate, 
timely, and comparable State energy information be-
comes even more important; 
(4) new and expanded sources of information 
about energy demand and supply have become avail-
able and need to be incorporated in the Energy In-
formation Administration’s data and analysis func-
tions;
(vi) the Chairman and the Ranking 
Member of the Committee on Ways and 
Means of the House of Representatives. 
(2) DATE.—Members of the Advisory Council 
shall be appointed not later than 30 days after the 
date of enactment of this Act. 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Coun-
cil. A vacancy on the Advisory Council shall be filled 
not later than 30 days after the date on which the 
Advisory Council is given notice of the vacancy, in 
the same manner as the original appointment. 
(4) MEETINGS.— 
(A) 
INITIAL
MEETING.—The 
Advisory 
Council shall conduct an initial meeting not 
later than 120 days after the date of enactment 
of this Act. 
(B) MEETINGS.—The Advisory Council 
shall conduct such meetings as the Council de-
termines to be necessary to carry out its duties 
but shall meet not less frequently than 2 times 
during each calendar year. 
(d) DUTIES.—The duties of the Advisory Council 
shall include providing advice and recommendations to—
(1) Congress and the Secretary concerning the 
coverage of rehabilitation services under the medi-
care program, including— 
(A) policy issues related to rehabilitative 
treatment and reimbursement for rehabilitative 
care, such as issues relating to any rulemaking 
relating to, or impacting, rehabilitation hos-
pitals and units; 
(B) the appropriate criteria for— 
(i) determining clinical appropriate-
ness of inpatient rehabilitation facility ad-
missions; and 
(ii) distinguishing an inpatient reha-
bilitation facility from an acute care hos-
pital and other providers of intensive med-
ical rehabilitation; 
(C) the efficacy of inpatient rehabilitation 
services, as opposed to other post-acute inpa-
tient settings, through a comparison of quality 
and cost, controlling for patient characteristics 
(such as medical severity and motor and cog-
nitive function) and discharge destination; 
(D) the effect of any medicare regulations 
on access to inpatient rehabilitation care by 
medicare beneficiaries and the clinical effective-
ness of care available to such beneficiaries in 
other health care settings; and 
(E) any other topic or issue that the Sec-
retary or Congress requests the Advisory Coun-
cil to provide advice and recommendations on; 
and 
(2) appropriate Federal agencies (as defined in 
subsection (a)) on how to best utilize available re-
search funds and authorities focused on medical re-
habilitation research, including post-acute care site 
of service and outcomes research. 
(e) PERIODIC REPORTS.—The Advisory Council shall 
provide the Secretary with periodic reports that summa-
rize— 
(1) the Council’s activities; and 
(2) any recommendations for legislation or ad-
ministrative action the Council considers to be ap-
propriate. 
(f) TERMINATION.—The Advisory Council shall ter-
minate on September 30, 2010. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this section.
(h) EFFECTIVE DATE.—This section shall take effect 
on the date of enactment of this Act. 
Æ
HR 3824 RFS 
‘‘Sec. 13. Private property conservation. 
‘‘Sec. 14. Public accessibility and accountability. 
‘‘Sec. 15. Marine Mammal Protection Act of 1972. 
‘‘Sec. 16. Annual cost analysis by United States Fish and Wildlife Service. 
‘‘Sec. 17. Reimbursement for depredation of livestock by reintroduced species. 
‘‘Sec. 18. Authorization of appropriations.’’. 
SEC. 20. CERTAIN ACTIONS DEEMED IN COMPLIANCE. 
(a) ACTIONS DEEMED IN COMPLIANCE.—During the 
period beginning on the date of the enactment of this Act 
and ending on the date described in subsection (b), any 
action that is taken by a Federal agency, State agency, 
or other person and that complies with the Federal Insec-
ticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
seq.) is deemed to comply with sections 7(a)(2) and 
9(a)(1)(B) of the Endangered Species Act of 1973 (16 
U.S.C. 1536(a)(2), 1538(a)(1)(B)) (as amended by this 
Act) and regulations issued under section 4(d) of such Act 
(16 U.S.C. 1533(d)). 
(b) TERMINATION DATE.—The date referred to in 
subsection (a) is the earlier of— 
(1) the date that is 5 years after the date of the 
enactment of this Act; and 
(2) the date of the completion of any procedure 
required under subpart D of part 402 of title 50, 
Code of Federal Regulations, with respect to the ac-
tion referred to in subsection (a). 
(c) LIMITATION ON APPLICATION.—This section shall 
not affect any procedure pursuant to part 402 of title 50,
HR 3824 RFS 
Code of Federal Regulations, that is required by any court 
order issued before the date of the enactment of this Act. 
SEC. 21. CONSOLIDATION OF PROGRAMS. 
(a) TRANSFER.—The President shall, by not later 
than one year after the date of enactment of this Act, 
transfer to the Secretary of the Interior all duties, re-
sources, and responsibilities of the Secretary of Commerce 
under the Endangered Species Act of 1973 existing imme-
diately before the enactment of this Act. 
(b) CONFORMING AMENDMENT.— 
(1) AMENDMENT.—Section 3 (16 U.S.C. 1532) 
is further amended in paragraph (15) (relating to 
the definition of ‘‘Secretary’’) by striking ‘‘or the 
Secretary of Commerce as program responsibilities 
are vested pursuant to the provisions of Reorganiza-
tion Plan Numbered 4 of 1970’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect one year after the 
date of the enactment of this Act. 
(c) REPORT.—No later than 180 days after the date 
of enactment of this Act, the Secretary of the Interior and 
the Secretary of Commerce shall jointly submit to the 
Committee on Resources and the Committee on Appro-
priations of the House of Representatives, and the Com-
mittee on Environment and Public Works and the Com-
HR 3824 RFS 
mittee on Appropriations of the Senate, a detailed descrip-
tion of the process by which the transfer of functions 
under the amendment made by subsection (a) shall be im-
plemented. 
(d) PRIOR DETERMINATIONS AND ACTIONS NOT AF-
FECTED.—This section shall not affect any determination 
or action by the Secretary of Commerce made or taken, 
respectively, under the Endangered Species Act of 1973 
before the date of the enactment of this Act, except that 
such determinations and actions shall be treated as deter-
minations and actions, respectively, of the Secretary of the 
Interior. 
SEC. 22. REVIEW OF PROTECTIVE REGULATIONS. 
The Secretary of the Interior shall— 
(1) review regulations issued before the date of 
the enactment of this Act pursuant to section 4(d) 
of the Endangered Species Act of 1973, in order to 
determine whether revision of such regulations would 
be desirable in order to facilitate and improve co-
operation with the States pursuant to section 6 of 
such Act; and 
(2) report to the Committee on Resources of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate re-
garding the findings of such review.
HR 3824 RFS 
SEC. 23. PROVISION OF INFORMATION REGARDING COM-
PLIANCE COSTS OF FEDERAL POWER ADMIN-
ISTRATIONS. 
(a) CUSTOMER BILLINGS.—The Administrator of the 
Bonneville Power Administration, the Western Area 
Power Administration, the Southwestern Power Adminis-
tration, and the Southeastern Power Administration shall 
each include in monthly firm power customer billings sent 
to each customer information identifying and reporting 
such customer’s share of the Federal power marketing and 
generating agencies’ direct and indirect costs incurred by 
such administration related to compliance with the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
activities related to such Act. 
(b) DIRECT COSTS.—In identifying and reporting di-
rect costs, each Administrator shall include Federal agen-
cy obligations related to study-related costs, capital, oper-
ation, maintenance, and replacement costs, and staffing 
costs. 
(c) INDIRECT COSTS.—In identifying and reporting 
indirect costs, each Administrator shall include foregone 
generation and replacement power costs. 
(d) COORDINATION.—Each Administrator shall co-
ordinate identification of costs under this subsection with 
the appropriate Federal power generating agencies.
111TH CONGRESS 
1ST SESSION H. R. 2247 
AN ACT 
To amend title 5, United States Code, to make technical 
amendments to certain provisions of title 5, United 
States Code, enacted by the Congressional Review Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3824 RFS 
SEC. 24. SURVEY OF BLM LANDS AND FOREST SERVICE 
LANDS FOR MANAGEMENT FOR RECOVERY 
OF LISTED SPECIES. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary of the 
Interior shall— 
(1) survey all lands under the administrative ju-
risdiction of the Bureau of Land Management and 
all lands under the administrative jurisdiction Forest 
Service immediately before the enactment of this 
Act, for the purpose of assessing the value of such 
lands for management for the recovery of any spe-
cies included in a list published under section 4(c) 
of the Endangered Species Act of 1973 and for addi-
tion to the National Wildlife Refuge System; and 
(2) make recommendations to the Congress for 
managing any such lands as are appropriate as part 
of the National Wildlife Refuge System. 
(b) LIMITATION ON TRANSFERS.—The Secretary of 
the Interior may not transfer administrative jurisdiction 
pursuant to any recommendation under subsection (a)(2) 
except as authorized by a statute enacted after the date 
of the enactment of this Act.
HR 3824 RFS 
SEC. 25. RELATIONSHIP BETWEEN SECTION 7 CONSULTA-
TION AND INCIDENT TAKE AUTHORIZATION 
UNDER MARINE MAMMAL PROTECTION ACT 
OF 1972. 
Consultation under section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1536) is equivalent to a sec-
tion 101 incidental take authorization required under the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1631 
et seq.) for receiving dock building permits. 
Passed the House of Representatives September 29, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
By GERASIMOS C. VANS, 
Deputy Clerk.
872 
(5) the Energy Information Administration 
needs to maintain and enhance its ability to collect, 
process, and analyze data while confronting broader 
demands for information in greater detail; and 
(6) budget and personnel constraints have 
forced the Energy Information Administration to 
curtail surveys relied upon by energy and financial 
markets and could further defer important improve-
ments in the scope and quality of resulting informa-
tion. 
SEC. 9502. ASSESSMENT OF RESOURCES. 
(a) FIVE-YEAR PLAN.—The Administrator of the 
Energy Information Administration shall establish a 5- 
year plan to enhance the quality and scope of the data 
collection necessary to ensure the scope, accuracy, and 
timeliness of the information needed for efficient func-
tioning of energy markets and related financial operations. 
Particular attention shall be paid to restoring data series 
terminated because of budget constraints, data on demand 
response, timely data series of State-level information, im-
provements in the area of oil and gas data, improvements 
in data on solid byproducts from coal-based energy-pro-
ducing facilities, and the ability to provide data mandated 
by Congress promptly and completely.
873 
(b) SUBMITTAL TO CONGRESS.—The Administrator 
shall submit this plan to Congress detailing improvements 
needed to enhance the Energy Information Administra-
tion’s ability to collect and process energy information in 
a manner consistent with the needs of energy markets. 
(c) GUIDELINES.—The Administrator shall— 
(1) establish guidelines to ensure the quality, 
comparability, and scope of State energy data, in-
cluding data on energy production and consumption 
by product and sector and renewable and alternative 
sources, required to provide a comprehensive, accu-
rate energy profile at the State level; 
(2) share company-level data collected at the 
State level with the State involved, provided the 
State has agreed to reasonable guidelines for its use 
adopted by the Administrator; 
(3) assess any existing gaps in data obtained by 
and compiled by the Energy Information Adminis-
tration; and 
(4) evaluate the most cost effective ways to ad-
dress any data quality and quantity issues in con-
junction with State officials. 
The Energy Information Administration shall consult with 
State officials and the Federal Energy Regulatory Com-
mission on a regular basis in establishing these guidelines
I 
111TH CONGRESS 
1ST SESSION H. R. 2265 
To amend the Reclamation Wastewater and Groundwater Study and Facilities 
Act to authorize the Secretary of the Interior to participate in the 
Magna Water District water reuse and groundwater recharge project, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2009 
Mr. CHAFFETZ (for himself, Mr. BISHOP of Utah, and Mr. MATHESON) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
A BILL 
To amend the Reclamation Wastewater and Groundwater 
Study and Facilities Act to authorize the Secretary of 
the Interior to participate in the Magna Water District 
water reuse and groundwater recharge project, 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 ‘‘Magna Water District 
Water Reuse and Groundwater Recharge Act of 2009’’. 
VerDate Nov 24 2008 
02:11 May 08, 2009
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874 
and scope of State level data, as well as in exploring ways 
to address data needs and serve data uses. 
(d) ASSESSMENT OF STATE DATA NEEDS.—The Ad-
ministrator shall provide an assessment of these State- 
level data needs to the Congress not later than 1 year after 
the date of enactment of this Act, detailing a plan to ad-
dress the needs identified. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator for 
carrying out this section, in addition to any other author-
izations— 
(1) $10,000,000 for fiscal year 2008; 
(2) $10,000,000 for fiscal year 2009; 
(3) $10,000,000 for fiscal year 2010; 
(4) $15,000,000 for fiscal year 2011; 
(5) $20,000,000 for fiscal year 2012; and 
(6) such sums as are necessary for subsequent 
fiscal years. 
Subtitle G—Natural Gas Utilities 
SEC. 9511. NATURAL GAS UTILITIES. 
(a) IN GENERAL.—Section 303(b) of the Public Util-
ity Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)) 
is amended by adding at the end the following: 
‘‘(5) ENERGY EFFICIENCY.—Each natural gas 
utility shall—
875 
‘‘(A) integrate energy efficiency resources 
into the plans and planning processes of the 
natural gas utility; and 
‘‘(B) adopt policies that establish energy 
efficiency as a priority resource in the plans 
and planning processes of the natural gas util-
ity. 
For purposes of applying the provisions of this sub-
title to this paragraph, any reference in this subtitle 
to the date of enactment of this Act shall be treated 
as a reference to the date of the enactment of this 
paragraph. 
‘‘(6) RATE
POLICY
MODIFICATIONS
TO
PRO-
MOTE ENERGY EFFICIENCY INVESTMENTS.— 
‘‘(A) IN GENERAL.—The rates allowed to 
be charged by a natural gas utility shall align 
utility incentives with the deployment of cost-ef-
fective energy efficiency. 
‘‘(B) POLICY OPTIONS.—In complying with 
subparagraph (A), each State regulatory au-
thority and each nonregulated utility shall con-
sider— 
‘‘(i) ensuring that utilities’ recovery of 
authorized revenues is independent of the
IB 
Union Calendar No. 131 
109TH CONGRESS 
1ST SESSION H. R. 3824 
[Report No. 109–237] 
To amend and reauthorize the Endangered Species Act of 1973 to provide 
greater results conserving and recovering listed species, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2005 
Mr. POMBO (for himself, Mr. CARDOZA, Mr. WALDEN of Oregon, Mr. BERRY, 
Mr. RADANOVICH, Mr. ROSS, Mrs. CUBIN, Miss MCMORRIS, Mr. THOMP-
SON of Mississippi, Mr. BROWN of South Carolina, Mr. BACA, Mr. 
GRAVES, Mr. COSTA, and Mr. GIBBONS) introduced the following bill; 
which was referred to the Committee on Resources 
SEPTEMBER 27, 2005 
Additional sponsors: Mr. CANNON, Mrs. DRAKE, Mr. BONILLA, Mr. CONAWAY, 
Mrs. BLACKBURN, Mr. DAVIS of Kentucky, Mr. LEWIS of Kentucky, Mr. 
JINDAL, Mr. PETERSON of Pennsylvania, Mr. REHBERG, Mr. OTTER, Mr. 
BISHOP of Georgia, Ms. BORDALLO, Mr. BOREN, Mr. PETERSON of Min-
nesota, Mr. BRADY of Texas, Mr. CALVERT, Mr. CUNNINGHAM, Mr. DOO-
LITTLE, Mr. DUNCAN, Mrs. EMERSON, Mr. FLAKE, Mr. FORTUN˜O, Mr. 
HAYWORTH, Mr. HUNTER, Mr. ISSA, Mr. KING of Iowa, Mr. LUCAS, Mr. 
DANIEL E. LUNGREN of California, Mr. MCKEON, Mrs. MUSGRAVE, Mr. 
NEUGEBAUER, Mr. NUNES, Mr. PEARCE, Mr. RENZI, Mr. SHADEGG, Mr. 
SULLIVAN, Mr. TANCREDO, Mr. THOMAS, Mr. THORNBERRY, Mr. 
WELDON of Florida, Mr. YOUNG of Alaska, Mr. ROHRABACHER, Mr. 
HERGER, Mr. SCOTT of Georgia, Mr. KLINE, Mr. FALEOMAVAEGA, Mr. 
KENNEDY of Minnesota, Mr. MCCAUL of Texas, Mr. MELANCON, Mr. 
GARY G. MILLER of California, Mr. SIMPSON, Mr. SHUSTER, Mr. KING-
STON, Mr. SOUDER, Mr. NORWOOD, Mr. JENKINS, Mr. SHERWOOD, Mr. 
FRANKS of Arizona, Mr. BOOZMAN, Mr. COLE of Oklahoma, Mr. BARTON 
of Texas, Mr. PICKERING, Mr. ORTIZ, Mr. BACHUS, Mr. EDWARDS, Mr. 
EVERETT, Mr. BONNER, Mr. GINGREY, Mr. ADERHOLT, Mr. DAVIS of 
Alabama, Mr. RYUN of Kansas, Mr. BAKER, Mr. ROGERS of Alabama, 
Mr. SMITH of Texas, Mr. MCINTYRE, Mr. CRAMER, Mr. HINOJOSA, Mr.
111TH CONGRESS 
1ST SESSION H. R. 2278 
AN ACT 
To direct the President to transmit to Congress a report 
on anti-American incitement to violence in the Middle 
East, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
(1) by striking ‘‘best scientific and commercial 
data available to him’’ and inserting ‘‘best available 
scientific data’’; and 
(2) by inserting ‘‘Federal agency, any’’ after 
‘‘being made by any’’. 
(c) LISTS.—Section 4(c)(2) (16 U.S.C. 1533(c)(2)) is 
amended to read as follows: 
‘‘(2)(A) The Secretary shall— 
‘‘(i) conduct, at least once every 5 years, 
based on the information collected for the bien-
nial reports to the Congress required by para-
graph (3) of subsection (f), a review of all species 
included in a list that is published pursuant to 
paragraph (1) and that is in effect at the time 
of such review; and 
‘‘(ii) determine on the basis of such review 
and any other information the Secretary con-
siders 
relevant 
whether 
any 
such 
species 
should— 
‘‘(I) be removed from such list; 
‘‘(II) be changed in status from an en-
dangered species to a threatened species; or 
‘‘(III) be changed in status from a 
threatened species to an endangered species.
110TH CONGRESS 
2D SESSION 
H. R. 4044 
AN ACT 
To amend title 11 of the United States Code to exempt 
for a limited period, from the application of the means- 
test presumption of abuse under chapter 7, qualifying 
members of reserve components of the Armed Forces 
and members of the National Guard who, after Sep-
tember 11, 2001, are called to active duty or to perform 
a homeland defense activity for not less than 90 days.
876 
amount of customers’ natural gas con-
sumption; 
‘‘(ii) providing to utilities incentives 
for the successful management of energy 
efficiency programs, such as allowing utili-
ties to retain a portion of the cost-reducing 
benefits accruing from the programs; 
‘‘(iii) promoting the impact on adop-
tion of energy efficiency as 1 of the goals 
of retail rate design, recognizing that en-
ergy efficiency must be balanced with other 
objectives; and 
‘‘(iv) adopting rate designs that en-
courage energy efficiency for each cus-
tomer class. 
For purposes of applying the provisions of this 
subtitle to this paragraph, any reference in this 
subtitle to the date of enactment of this Act 
shall be treated as a reference to the date of the 
enactment of this paragraph.’’. 
(b) CONFORMING AMENDMENT.—Section 303(b)(2) 
of such Act is amended by striking ‘‘and (4)’’ inserting 
‘‘(4), (5), and (6)’’ in lieu thereof.