datamatters24/research-document-archive huggingface dataset:
249 
may prescribe, an annual audit to determine the ex-
tent to which allowances distributed to the Hub 
under this subsection, and awards under subsection 
(e), have been utilized in a manner consistent with 
this section. The auditor shall transmit a report of 
the results of the audit to the Secretary and to the 
Government Accountability Office. The Secretary 
shall include such report in an annual report to Con-
gress, along with a plan to remedy any deficiencies 
cited in the report. The Government Accountability 
Office may review such audits as appropriate and 
shall have full access to the books, records, and per-
sonnel of the Hub to ensure that allowances distrib-
uted to the Hub under this subsection, and awards 
made under subsection (e), have been utilized in a 
manner consistent with this section. 
(6) REVOCATION OF ALLOWANCES.—The Sec-
retary shall have authority to review awards made 
under this subsection and to revoke such awards if 
the Secretary determines that a Hub has used the 
award in a manner not consistent with the require-
ments of this section. 
SEC. 172. ADVANCED ENERGY RESEARCH. 
(a) DEFINITIONS.—For purposes of this section:
I 
111TH CONGRESS 
1ST SESSION H. R. 2449 
To amend title 18, United States Code, to prohibit fraud and related activity 
in connection with purchases of certain wireless prepaid access devices. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2009 
Mr. WEINER (for himself and Mr. DANIEL E. LUNGREN of California) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 18, United States Code, to prohibit fraud 
and related activity in connection with purchases of cer-
tain wireless prepaid access devices. 
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 ‘‘Wireless Prepaid Ac-
cess Device Enforcement Act of 2009’’. 
SEC. 2. ENFORCEMENT. 
Section 1029 of title 18, United States Code, is 
amended as follows: 
(1) Subsection (a) is amended— 
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(A) in paragraph (9), by striking ‘‘or’’ 
after the semicolon; 
(B) in paragraph (10), by inserting ‘‘or’’ 
after the semicolon; and 
(C) by adding at the end the following: 
‘‘(11)(A) knowingly purchases and/or handles 
one or more wireless prepaid access devices for the 
purpose of, or as part of a scheme involving, modi-
fying, removing, avoiding or overwriting installed 
software which is designed to cause any such device 
to operate as a wireless prepaid access device on the 
wireless network or networks for which such device 
was sold, unless such purchase or handling is au-
thorized by the wireless service provider or device 
manufacturer; or 
‘‘(B) knowingly engages in the unauthorized re-
sale or redistribution outside of the United States of 
any wireless prepaid access device that is sold to be 
used on a wireless network within the United States, 
whether or not the applicable software has been 
modified, removed, avoided or overwritten, whether 
individually or as part of a scheme;’’. 
(2) Subsection (c)(1)(A)(i) is amended by strik-
ing ‘‘or (10)’’ and inserting ‘‘(10), or (11)’’. 
(3) Subsection (e) is amended— 
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(A) in paragraph (10), by striking ‘‘and’’ 
after the semicolon; 
(B) paragraph (11), by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(12) the term ‘wireless prepaid access device’ 
means any access device that is marketed or made 
available for sale for use with prepaid or pay in ad-
vance commercial mobile radio service as defined in 
47 C.F.R. 20.3, but does not include installed-in-ve-
hicle access devices used in connection with an emer-
gency communications system.’’. 
Æ 
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I 
111TH CONGRESS 
1ST SESSION 
H. R. 244 
To provide for the security of critical energy infrastructure. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2009 
Mr. GENE GREEN of Texas introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
A BILL 
To provide for the security of critical energy infrastructure. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EVACUATION PLAN REVIEW. 
Not later than 6 months after the date of enactment 
of this Act, the Secretary of Energy shall transmit to the 
Congress a report of the Secretary’s review of the fuel sup-
ply plan components of State evacuation plans and the 
National Capitol region. Such report shall determine the 
sufficiency of such plans, and shall include recommenda-
tions for improvements thereto. Annually after the trans-
mittal of a report under this section, the Secretary shall 
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HR 244 IH 
transmit a report to the Congress assessing plans found 
insufficient under previous reports. 
SEC. 2. DISASTER ASSISTANCE. 
(a) AUTHORITY.—During any federally declared 
emergency or disaster, the Secretary of Energy may pro-
vide direct assistance to private sector entities that oper-
ate critical energy infrastructure, including refineries. 
(b) ASSISTANCE.—Assistance under this section may 
include emergency preparation and recovery assistance, in-
cluding power generation equipment, other protective or 
emergency recovery equipment, assistance to restore ac-
cess to water, power, or other raw materials, and transpor-
tation and housing for critical employees. The Secretary 
may request assistance from other Federal agencies in 
carrying out this section. 
SEC. 3. CRITICAL ENERGY ASSURANCE ACCOUNT. 
There is established in the Treasury an account 
known as the Critical Energy Assurance Account. The 
Secretary of Energy shall deposit into this account 
amounts appropriated to the Secretary for the purpose of 
carrying out this Act and payments paid to the Secretary 
by any non-Federal source for the purpose of carrying out 
this Act. The Secretary may receive and accept payments 
from any non-Federal source, and amounts deposited into 
the account, whether appropriated or received from a non- 
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HR 244 IH 
Federal source, shall be available to the Secretary, without 
further appropriation, for carrying out this Act. 
SEC. 4. REGULATIONS. 
The Secretary of Energy may issue regulations nec-
essary or appropriate to carry out this Act. 
Æ 
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essary information, subject to withholding of funds or 
reduction of future grant amounts. 
SEC. 107. TREATMENT OF REBATES. 
(a) IN GENERAL.—For purposes of the Internal Rev-
enue Code of 1986, rebates received under this title— 
(1) shall not be considered taxable income to a 
homeowner; and 
(2) shall supplant any credit allowed under sec-
tion 25C or 25D of that Code for eligible work per-
formed in the home of the homeowner. 
(b) NOTICE.—A participating contractor shall provide 
notice to a homeowner of the provisions of subsection (a) 
before eligible work is performed in the home of the home-
owner. 
SEC. 108. HEATING AND COOLING EFFICIENCY STUDY. 
(a) IN GENERAL.—The Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate 
and the Committee on Energy and Commerce of the House 
of Representatives a study not later than 1 year after the 
date of enactment of this Act. 
(b) CONTENTS.—The study shall include a description 
of— 
(1) the efficiency through the life-cycle of air con-
ditioning and heat pump products eligible under sec-
tion 103; and 
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‘‘(i) the use of a bundling method-
ology for an anticipated award with an ag-
gregate dollar value below the threshold 
specified in paragraph (4); or 
‘‘(ii) the use of a bundling method-
ology to meet procurement requirements, 
all of which are exempted under paragraph 
(5). 
‘‘(3) BUNDLING
METHODOLOGY.—The term 
‘bundling methodology’ means— 
‘‘(A) a solicitation to obtain offers for a 
single contract or order, or a multiple award 
contract or order; 
‘‘(B) a solicitation of offers for the 
issuance of a task or a delivery order under an 
existing single or multiple award contract or 
order; or 
‘‘(C) the creation of any new procurement 
requirements that permit a consolidation of 
contract or order requirements. 
‘‘(4) DOLLAR THRESHOLD.—The term ‘dollar 
threshold’ means— 
‘‘(A) $65,000,000 if solely for construction 
services; and 
‘‘(B) $1,500,000 in all other cases. 
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SEC. 2. FREEDOM OF INFORMATION ACT APPLICABLE FOR 
CONTRACT PRISONS. 
(a) IN GENERAL.—Each applicable entity shall be 
subject to section 552 of title 5, United States Code (pop-
ularly known as the Freedom of Information Act), in the 
same manner as a Federal agency operating a Federal 
prison or other Federal correctional facility would be sub-
ject to such section of title 5, including— 
(1) the duty to release information about the 
operation of the non-Federal prison or correctional 
facility; and 
(2) the applicability of the exceptions and ex-
emptions available under such section. 
(b) REGULATIONS.—A Federal agency that contracts 
with, or provides funds to, an applicable entity to incar-
cerate or detain Federal prisoners in a non-Federal prison 
or correctional facility shall promulgate regulations or 
guidance to ensure compliance by the applicable entity 
with subsection (a). 
(c) NO FEDERAL FUNDS
FOR COMPLIANCE.—No 
Federal funds may be used to assist applicable entities 
with compliance with this section or section 552 of title 
5, United States Code. 
(d) CIVIL ACTION.—Any party aggrieved by a viola-
tion of section 552 of title 5, United States Code, by an 
applicable entity, as such section is applicable to such an 
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entity in accordance with subsection (a), may, in a civil 
action, obtain appropriate relief against the applicable en-
tity for the violation. 
(e) DEFINITIONS.—In this section: 
(1) NON-FEDERAL PRISON OR CORRECTIONAL 
FACILITY.— 
(A) IN GENERAL.—The term ‘‘non-Federal 
prison or correctional facility’’ includes any 
non-Federal facility described in subparagraph 
(B) that incarcerates or detains Federal pris-
oners pursuant to a contract or intergovern-
mental service agreement with— 
(i) the Federal Bureau of Prisons; 
(ii) Immigration and Customs En-
forcement; or 
(iii) any other Federal agency. 
(B) NON-FEDERAL
FACILITIES.—A non- 
Federal facility is— 
(i) a privately owned prison or other 
privately owned correctional facility; or 
(ii) a State or local prison, jail, or 
other correctional facility. 
(2) ENTITY.—The term ‘‘applicable entity’’ 
means— 
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(A) a nongovernmental entity contracting 
with, or receiving funds from, the Federal Gov-
ernment to incarcerate or detain Federal pris-
oners in a non-Federal prison or correctional 
facility; or 
(B) a State or local governmental entity 
with an intergovernmental service agreement 
with the Federal Government to incarcerate or 
detain Federal prisoners in a non-Federal pris-
on or correctional facility. 
Æ 
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338 
‘‘(2) STATE CERTIFICATION.—Not later than 2 
years after the date of a certification under sub-
section (c)(1) or the application of a national energy 
efficiency building code under subsection (d)(1), 
each State shall certify that it has— 
‘‘(A) achieved compliance with— 
‘‘(i) State codes, or, as provided under 
State law, local codes, with respect to 
which a certification was accepted by the 
Secretary under subsection (c)(2)(B); or 
‘‘(ii) the national energy efficiency 
building code, as applicable; or 
‘‘(B) for any certification submitted within 
7 years after the date of enactment of the 
American Clean Energy and Security Act of 
2009, made significant progress toward achiev-
ing such compliance. 
‘‘(3) ACHIEVING COMPLIANCE.—A State shall 
be considered to achieve compliance with a code de-
scribed in paragraph (2)(A) if at least 90 percent of 
new and substantially renovated building space in 
that State in the preceding year upon inspection 
meets the requirements of the code. A certification 
under paragraph (2) shall include documentation of 
the rate of compliance based on—
I 
111TH CONGRESS 
1ST SESSION H. R. 2453 
To provide for a national biological data center, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2009 
Mr. DUNCAN (for himself and Mr. WAMP) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To provide for a national biological data 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. NATIONAL BIOLOGICAL DATA CENTER. 
(a) IN GENERAL.—The Secretary, acting through the 
United States Geological Survey, shall establish a national 
biological data center (in this Act referred to as the ‘‘cen-
ter’’). The center may be established within an existing 
program (such as the National Biological Information In-
frastructure program). 
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(b) CONTRACT.—The Secretary seek to enter into a 
contract with a small business for the purpose of man-
aging the center. 
(c) CONTRACT TERM.— 
(1) INITIAL
CONTRACT.—The contract under 
subsection (a) shall have an initial term of 10 years. 
(2) SUBSEQUENT CONTRACTS.—The terms of 
subsequent contracts shall be determined by the Sec-
retary. 
(d) ENTITY SELECTION.— 
(1) COMPETITIVE
PROCEDURES.—The Sec-
retary shall use competitive procedures (as defined 
in section 4(5) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(5))) to enter into the con-
tract under subsection (b). 
(2) QUALIFICATION REQUIREMENTS.—To qual-
ify to participate in the competitive procedures 
under paragraph (1), a small business shall have— 
(A) no more than 500 employees on the 
date that the initial contract is awarded to such 
business under subsection (a); 
(B) demonstrated expertise in— 
(i) managing scientific and technical 
information; 
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eral renewable electricity credits to the generator, as 
provided in paragraph (1), except that in no event 
shall more than 1 Federal renewable electricity cred-
it be issued for the same megawatt hour of elec-
tricity. In determining how Federal renewable elec-
tricity credits will be apportioned among retail elec-
tric suppliers and generators in such circumstances, 
the Commission shall consider information and guid-
ance furnished by the relevant State or States. 
‘‘(B) In the case of a central procurement State 
that pursuant to subsection (g) has assumed respon-
sibility for compliance with the requirements of sub-
section (b), the Commission shall issue directly to 
the State Federal renewable electricity credits for 
any renewable electricity for which the State, pursu-
ant to a mandate described in subsection (a)(7), has 
centrally procured credits or certificates issued based 
on generation of such renewable electricity. 
‘‘(3) CERTAIN POWER SALES CONTRACTS.—Ex-
cept as otherwise provided in paragraph (2), when a 
generator has sold renewable electricity to a retail 
electric supplier under a contract for power from a 
facility placed in service before the date of enact-
ment of this section, and the contract does not pro-
vide for the determination of ownership of the Fed-
‘‘(5) EXEMPTED
REQUIREMENTS.—The term 
‘exempted requirement’ means one or more of the 
following: 
‘‘(A) A procurement requirement solely for 
items that are not commercial items (as the 
term ‘commercial item’ is defined in section 
4(12) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 403(12)) but this subpara-
graph shall not apply to any procurement re-
quirement for a contract for goods or services 
provided by a business classified in sector 23 of 
the North American Industrial Classification 
System. 
‘‘(B) A procurement requirement with re-
spect to which a determination that it is unsuit-
able for award to a small business concern has 
previously been made by the agency. However, 
the Administrator shall have authority to review 
and reverse such a determination for purposes 
of this paragraph and, if the Administrator 
does reverse that determination, the term ‘ex-
empted requirement’ shall not apply to that 
procurement requirement. 
‘‘(6) PROCUREMENT REQUIREMENT.—The term 
‘procurement requirement’ means a determination 
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184 
United States Army and warships and aircraft of 
the United States Navy, conducted an amphibious 
landing on the Island of Betio, Tarawa Atoll, in the 
Gilbert Islands in the Pacific Ocean. 
(2) The United States military forces faced an 
entrenched force of 5,000 Japanese soldiers. 
(3) The Tarawa landing was the first American 
amphibious assault on a fortified beachhead in 
World War II. 
(4) Just 76 hours later, the American flag was 
raised at Tarawa. 
(5) More than 1,100 Marines and other mem-
bers of the Armed Forces were killed during the bat-
tle. 
(6) Most of the Marines, soldiers, and sailors 
who were killed during the battle were buried in 
hastily dug graves and cemeteries on Tarawa. 
(7) Between 1943 and 1946, the remains of 
some of the Marines and other members of the 
Armed Forces were disinterred and reinterred in 
temporary graves by the Navy. 
(8) After World War II, the remains of some of 
these Marines and other members of the Armed 
Forces were recovered and returned to the United 
States for burial.
219 
(A) in paragraph (2), by striking ‘‘484’’ and in-
serting ‘‘494’’; and 
(B) in paragraph (13), by striking ‘‘Agency’’ 
and inserting ‘‘Administration’’. 
(2) Section 422 of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6872) (as amended by section 
411(a) of the Energy Independence and Security Act of 
2007 (121 Stat. 1600)) is amended by striking 1 of the 2 
periods at the end of paragraph (5). 
(3) Section 305(a)(3)(D)(i) of the Energy Conserva-
tion and Production Act (42 U.S.C. 6834(a)(3)(D)(i)) (as 
amended by section 433(a) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1612)) is amended— 
(A) in subclause (I)— 
(i) by striking ‘‘in fiscal year 2003 (as 
measured by Commercial Buildings Energy Con-
sumption Survey or Residential Energy Con-
sumption Survey data from the Energy Informa-
tion Agency’’ and inserting ‘‘as measured by the 
calendar year 2003 Commercial Buildings En-
ergy Consumption Survey or the calendar year 
2005 Residential Energy Consumption Survey 
data from the Energy Information Administra-
tion’’; and 
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‘‘(A) ENERGY
STAR
HOME.—The term 
‘Energy Star Home’ means a dwelling unit 
which meets the requirements established by 
the Administrator of the Environmental Agency 
under the Energy Star Labeled Homes pro-
gram. 
‘‘(B) ENERGY
PLUS
HOME.—The term 
‘Energy Plus Home’ means a dwelling unit 
which is certified under the most recent Mort-
gage Industry National Home Energy Rating 
Systems Standards as having a relative energy 
use index value of more than 50, but not more 
than 70. 
‘‘(C) ENERGY
SAVER
HOME.—The term 
‘Energy Saver Home’ means a dwelling unit 
which meets the requirements of subparagraph 
(B) applied by substituting ‘0’ for ‘50’ and ‘50’ 
for ‘70’. 
‘‘(D) ZERO
ENERGY
HOME.—The term 
‘Zero Energy Home’ means a dwelling unit 
which meets the requirements of subparagraph 
(B) applied by substituting ‘0’ for ‘more than 
50, but not more than 70’.’’. 
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(A) the relationship between Air America 
and the associated companies and the Central 
Intelligence Agency or any other element of the 
United States Government; 
(B) the workforce of Air America and the 
associated companies; 
(C) the missions performed by Air Amer-
ica, the associated companies, and their employ-
ees for the United States; and 
(D) the casualties suffered by employees of 
Air America and the associated companies in 
the course of their employment. 
(2) A description of— 
(A) the retirement benefits contracted for 
or promised to the employees of Air America 
and the associated companies prior to 1977; 
(B) the contributions made by such em-
ployees for such benefits; 
(C) the retirement benefits actually paid 
such employees; 
(D) the entitlement of such employees to 
the payment of future retirement benefits; and 
(E) the likelihood that such employees will 
receive any future retirement benefits. 
(3) An assessment of the difference between— 
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210 
‘‘(B) Upon a finding by the Secretary that a 
code developed by such an organization meets a tar-
get established under subsection (a), the Secretary 
shall— 
‘‘(i) send notice of the Secretary’s finding 
to all duly authorized or appointed State and 
local code agencies; and 
‘‘(ii) provide sufficient support to such an 
organization to make the code available on the 
Internet, or to accomplish distribution of such 
code to all such State and local code agencies 
at no cost to the State and local code agencies. 
‘‘(C) The Secretary may contract with such an 
organization and with other organizations with ex-
pertise on codes to provide training for State and 
local code officials and building inspectors in the im-
plementation and enforcement of such code. 
‘‘(D) The Secretary may provide grants and 
other support to such an organization to— 
‘‘(i) develop appropriate refinements to 
such code; and 
‘‘(ii) support analysis of options for im-
provements in the code to meet the next sched-
uled target. 
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