		II
		111th CONGRESS
		2d Session
		S. 3204
		IN THE SENATE OF THE UNITED STATES

			April 14, 2010
			Mr. Brown of Ohio
			 introduced the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To authorize the Secretary of Education to award grants
		  to improve access to, sharing of, and use of, education data to improve student
		  outcomes, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Measuring and Evaluating Trends for
			 Reliability, Integrity, and Continued Success (METRICS)
			 Act.
		2.DefinitionsIn this Act:
			(1)Curriculum
			 management system; instructional management system; learning management
			 systemThe terms
			 curriculum management system, instructional management
			 system, and learning management system mean an
			 electronic software system used by educators to regularly assess students’
			 performance as compared to standards and align specific and individual
			 curriculum activities to students’ needs.
			(2)Early warning
			 indicatorsThe term early warning indicators means
			 student data used to identify and intervene with students who are off-track to
			 graduation or postsecondary success.
			(3)Integrated
			 statewide education longitudinal data systemsThe term
			 integrated statewide education longitudinal data systems means 1
			 or more statewide data systems that house and link individual students’
			 longitudinal early childhood, elementary, secondary, and postsecondary
			 education and workforce data.
			(4)SecretaryThe
			 term Secretary means the Secretary of Education.
			3.Improving the use
			 of statewide longitudinal data systems
			(a)Grants
			 authorizedThe Secretary is authorized to award grants of not
			 more than 5 years, on a competitive basis, to State educational agencies to
			 enable such agencies to improve access to, sharing of, and use of, education
			 data to improve student outcomes.
			(b)Eligibility
				(1)In
			 generalTo be eligible to receive a grant under this section, a
			 State educational agency shall have integrated statewide education longitudinal
			 data systems that includes the following:
					(A)The required data
			 elements of a statewide education longitudinal data system described in section
			 6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871(e)(2)(D)).
					(B)The following
			 design elements:
						(i)Compliance with section 444 of the General
			 Education Provisions Act (commonly known as the Family Educational
			 Rights and Privacy Act of 1974) (20 U.S.C. 1232g).
						(ii)Ability to
			 generate data easily for continuous improvement and decisionmaking such as
			 timely reporting to parents, teachers, and school leaders about student
			 achievement.
						(iii)Ability to
			 facilitate the exchange of data among agencies within a State and between
			 States utilizing standard data structures, standards, formats, and data
			 definitions.
						(iv)A
			 data warehouse, data repository, or systemic capacity to link statewide data
			 systems that stores, organizes, and links student, school, and district
			 information over time with the ability to customize queries.
						(v)A
			 State data audit process to ensure data quality, validity, and
			 reliability.
						(2)ExceptionA State educational agencies is deemed to
			 satisfy the requirement of paragraph (1) if it demonstrates that it has
			 developed and is implementing a plan that will result in the existence of
			 integrated statewide education longitudinal data systems described in such
			 paragraph.
				(c)Uses of
			 funds
				(1)Required uses of
			 fundsA State educational agency receiving a grant under this
			 section shall use the funds to—
					(A)expand the ability of integrated statewide
			 education longitudinal data systems to link student-level data across the
			 prekindergarten to higher education and workforce pipeline and across State
			 agencies, through activities such as—
						(i)linking State data
			 systems with early learning, postsecondary education, workforce, social
			 services, and other critical State agency data systems, and linking data across
			 programs and activities within State agencies;
						(ii)identifying
			 processes to guide data collection, sharing, and use; and
						(iii)improving State
			 data warehouses, repositories, or systemic capacity to link statewide data
			 systems across agencies;
						(B)improve
			 opportunities to access, analyze, and use data from integrated statewide
			 education longitudinal data systems, through activities such as—
						(i)creating portals
			 for teachers, leaders, parents, students, and the public to access data in a
			 way that respects student and educator privacy and is appropriate to each
			 stakeholder’s role;
						(ii)creating progress
			 reports with individual student data that provide information educators,
			 parents, and students can use to improve student performance;
						(iii)creating reports
			 that include longitudinal statistics on school systems and groups of students
			 to guide school-, district-, and State-level improvement efforts; and
						(iv)making data
			 efficiently available to researchers, analysts, and evaluators, consistent with
			 student and educator privacy protections, to facilitate the identification of
			 effective programs and practices through data analysis; and
						(C)build the capacity
			 of teachers, leaders, parents, students, researchers, and the public to use
			 longitudinal data for effective decisionmaking, through activities such
			 as—
						(i)implementing
			 strategies to ensure that educators know how to access, analyze, and use data
			 appropriately, through activities such as—
							(I)providing data integrity training at the
			 school and local educational agency levels to address technology maintenance
			 needs at the school and local educational agency levels, privacy policies
			 (including training relating to section 444 of the General Education Provisions
			 Act (commonly known as the Family Educational Rights and Privacy Act of
			 1974) (20 U.S.C. 1232g)) data integrity issues, report planning, and
			 processes;
							(II)providing
			 professional development to teachers, office personnel, and school and local
			 educational agency administrators about how to collect, verify, report, access,
			 and use data;
							(III)embedding data
			 and assessment literacy skills into credentialing requirements; or
							(IV)developing
			 partnerships with pre-service educator programs to improve educators’ data and
			 assessment literacy;
							(ii)raising public
			 and policymaker awareness of available data and how to access, analyze, and use
			 it;
						(iii)collaborating
			 with universities, researchers, organizations, intermediaries, or other experts
			 to conduct research using longitudinal data;
						(iv)training
			 dedicated personnel to support the collection, submission, and public reporting
			 of data requirements under this Act and the Elementary and Secondary Education
			 Act of 1965 (20 U.S.C. 6301 et seq.); and
						(v)building State
			 agency capacity for research, analyses, and evaluation using longitudinal
			 data.
						(2)Allowable uses
			 of fundsA State educational agency receiving a grant under this
			 section may provide funds to local educational agencies, consortia of local
			 educational agencies, and institutions of higher education for activities to
			 improve capacity of educators to use longitudinal data for effective
			 decisionmaking.
				(d)ApplicationsEach
			 State educational agency desiring a grant under this section shall submit an
			 application to the Secretary that includes the following:
				(1)A
			 description of how the State’s data system currently meets the eligibility
			 requirements of subsection (b) through—
					(A)a demonstration of
			 the State data system’s current capabilities; and
					(B)a description of
			 plans and funding already in place to meet those requirements.
					(2)A
			 description of the State’s integrated statewide education longitudinal data
			 systems’ current ability to match student-level postsecondary education data to
			 data from other State systems, including workforce development, unemployment
			 insurance, child welfare, juvenile justice, military services information
			 systems, and migrant students records system.
				(3)A
			 description of previous Federal and non-Federal funds the State has received
			 for building and expanding integrated statewide education longitudinal data
			 systems, including funds received under section 208 of the Educational
			 Technical Assistance Act of 2002 (20 U.S.C. 9607) and section 6401 of the
			 America COMPETES Act (20 U.S.C. 9871).
				(4)A description of how activities funded
			 under the grant will align, coordinate with, and advance related activities
			 funded through other Federal programs, including the programs under section 208
			 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9607) and
			 section 6401 of the America COMPETES Act (20 U.S.C. 9871), early childhood
			 education programs, and workforce development programs.
				(5)A
			 description of how the activities funded under the grant will promote the
			 sharing of best practices related to data collection, access, and usage.
				(6)A
			 description of how the activities funded under the grant will advance the
			 utility of integrated statewide education longitudinal data systems.
				(7)A
			 description of how the State will coordinate the development of integrated
			 statewide education longitudinal data systems linking early childhood,
			 elementary, secondary, postsecondary, and workforce data with local educational
			 agencies using common data standards and definitions to ensure comparability
			 and interoperability throughout the State.
				(8)A
			 description of how the State will enable the exchange of data with local
			 educational agencies by utilizing standard data structures, standards, formats,
			 and data definitions.
				(9)A
			 budget that details how grant funds and other resources will be used to carry
			 out the activities described in subsection (c).
				(10)If awarding
			 subgrants under subsection (c)(2), a description of the process for selecting,
			 monitoring, and evaluating subgrantees.
				(11)An assurance that
			 the State has a long-term commitment to implementing and supporting its
			 integrated statewide education longitudinal data systems.
				(12)A description of
			 the State’s governance structure that defines data collection, access, and
			 use.
				(13)Other information
			 as reasonably required by the Secretary.
				(e)Student
			 privacyThe data system required by subsection (b)(1) may provide
			 for the disclosure of personally identifiable information from students’
			 education records, without written parental consent, between the system and
			 authorized representatives of State or local public agencies responsible for
			 early childhood education, postsecondary education, workforce development,
			 unemployment insurance, child health and welfare, mental health, juvenile
			 justice, or child protective services to address the education, employment, and
			 social welfare needs of individuals that they serve and to evaluate or audit
			 such program if interagency agreements or State laws or regulations provide for
			 the protection of that information in a manner which will not permit the
			 personal identification of students and their parents by other than
			 representatives of such agencies with a legitimate interest to carry out these
			 purposes.
			(f)Awarding of
			 grants
				(1)Peer
			 reviewIn awarding grants
			 under this section, the Secretary shall use a peer review process that—
					(A)ensures that the selected proposals have
			 technical quality, validity, and reliability;
					(B)promotes linkages across States; and
					(C)protects student privacy consistent with
			 section 444 of the General Education Provisions Act (commonly known as the
			 Family Educational Rights and Privacy Act of 1974) (20 U.S.C.
			 1232g).
					(2)Competitive
			 priorityThe Secretary and peer review process shall give a
			 competitive priority to—
					(A)States that
			 propose coordinating efforts with local educational agencies; and
					(B)States that
			 propose to coordinate efforts or work together.
					(3)Grant
			 periodThe Secretary shall award a grant under this section for a
			 period of not more than 5 years.
				(g)Supplement not
			 supplantFunds made available under this section shall be used to
			 supplement, and not supplant, other State or local funds used for developing
			 integrated statewide education longitudinal data systems linking early
			 childhood, elementary, secondary, postsecondary, and workforce data.
			(h)ReportNot
			 later than 1 year after the awarding of grants under this section, and annually
			 thereafter, the Secretary shall make publicly available a report on the
			 implementation and effectiveness of uses of funds under this section.
			(i)Authorization of
			 appropriationsThere are authorized to be appropriated to carry
			 out this section $65,000,000 for fiscal year 2011 and for each succeeding
			 fiscal year.
			4.Improving local
			 use of data to improve student outcomes
			(a)Grants
			 authorizedThe Secretary is authorized to award grants of not
			 more than 5 years of sufficient size and scope, on a competitive basis, to
			 eligible local educational agencies, or consortia of eligible local educational
			 agencies, to improve educators’ use of data to improve teaching, learning, and
			 student outcomes.
			(b)Eligibility
				(1)In
			 generalTo be eligible to receive a grant under this section, a
			 local educational agency shall be high need.
				(2)DefinitionsIn
			 this subsection:
					(A)Graduation
			 rateThe term
			 graduation rate has the meaning given the term in section
			 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6311(b)(2)(C)(vi)), as clarified in section 200.19(b)(1) of title 34,
			 Code of Federal Regulations.
					(B)High
			 needThe term high need , when used with respect
			 to a local educational agency, means that the agency—
						(i)is
			 eligible for assistance under part A of title I of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6311 et seq.); and
						(ii)serves at least 1
			 school that is—
							(I)in corrective
			 action or restructuring under section 1116 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6316); or
							(II)has a 4-year
			 graduation rate of less than 60 percent.
							(c)Uses of
			 funds
				(1)Required uses of
			 fundsA local educational agency receiving a grant under this
			 section shall use the funds to develop and implement a comprehensive plan for
			 using data to improve teaching, learning, and student outcomes. The plan must
			 include strategies designed to—
					(A)provide teachers,
			 leaders, parents, students, researchers, and the public with access to student
			 education data in a way that respects student and educator privacy;
					(B)coordinate with
			 State agency efforts to build the integrated statewide education longitudinal
			 data systems;
					(C)regularly analyze
			 and share student education data with educators, counselors and school staff,
			 parents, and students, through activities such as—
						(i)using key
			 indicators of progress, such as early warning indicators or the results on
			 local educational agency interim tests;
						(ii)providing
			 school-based staff with school-level analyses and comparative performance
			 results for schools served by the local educational agency and other schools
			 enrolling students with similar demographic profiles to schools on a regular
			 basis;
						(iii)publicly
			 reporting school-level data on school report cards;
						(iv)embedding
			 additional key indicators, such as percent of students on-track to graduation,
			 into local accountability and improvement systems;
						(v)sharing data to
			 guide school and classroom instructional decisions and practices;
						(vi)regularly
			 discussing data and school improvement plans with school leadership teams;
			 or
						(vii)using data to
			 communicate effectively with parents and other stakeholders;
						(D)improve school
			 leaders’ use of data to guide school improvement efforts and support classroom
			 use of data through high-quality training and professional development
			 addressing issues such as—
						(i)establishing a
			 culture of data use;
						(ii)improving
			 teachers’ data literacy; or
						(iii)data-informed
			 instruction, such as how results from interim or formative tests can be used to
			 re-configure small-group instruction.
						(E)improve teachers’
			 effective use of data through on-going, sustainable, and high-quality
			 professional development activities that address issues such as—
						(i)educators’ data
			 literacy;
						(ii)use
			 of data to individualize instruction and interventions;
						(iii)use of
			 technology to facilitate improved and personalized instruction; and
						(iv)development and
			 regular use of formative assessment;
						(F)ensure that source
			 data used at the local level is consistent with source data used to report
			 indicators as required by State or Federal law; and
					(G)provide training to address use of data
			 collection software, privacy policies (including training relating to section
			 444 of the General Education Provisions Act (commonly known as the
			 Family Educational Rights and Privacy Act of 1974) (20 U.S.C.
			 1232g)), data integrity issues, report planning, and processes.
					(2)Allowable uses
			 of fundsTo enable grantees to implement strategies to meet the
			 requirements of paragraph (1), a local educational agency receiving a grant
			 under this section may use the funds—
					(A)to build or
			 improve longitudinal student data systems that allow for management, analysis,
			 disaggregation, and State, Federal, and public reporting of student, teacher
			 and school data that—
						(i)includes the data
			 elements and design features described in section 6401(e)(2)(D) of the America
			 COMPETES Act (20 U.S.C. 9871(e)(2)(D));
						(ii)conforms and
			 aligns with statewide common data standards and definitions for linking data
			 systems and sharing information; and
						(iii)includes
			 additional local data elements, such as—
							(I)student-level
			 attendance, behavior, or other information;
							(II)student
			 participation in programs or interventions;
							(III)interim,
			 benchmark, or formative assessment information;
							(IV)parental
			 educational and literacy status; or
							(V)teacher attendance
			 and participation in formal professional development sessions;
							(B)to use new
			 assessment tools that provide timely data to educators that can be used to
			 identify individual students’ learning needs and guide appropriate,
			 personalized instructional interventions such as—
						(i)formative
			 assessment;
						(ii)interim or
			 benchmark assessment systems;
						(iii)curriculum
			 management systems, instructional management systems, or learning management
			 systems; or
						(iv)other tools and
			 resources;
						(C)to analyze and
			 disseminate best practices, strategies, and approaches regarding pedagogical
			 advancement that will leverage the data system to enhance teaching and
			 learning, including opportunities for individualized instruction; or
					(D)to hire staff, at
			 the central office or school level, to support data use.
					(d)ApplicationsEach local educational agency desiring a
			 grant under this section shall submit an application to the Secretary that
			 includes the following:
				(1)A
			 description of how the local educational agency currently reports to, accesses,
			 and uses the integrated statewide education longitudinal data systems.
				(2)A
			 description of the local educational agency’s current data systems.
				(3)A
			 description of how activities funded under the grant will improve access to,
			 and use of, data provided by the current data systems at the local and State
			 level.
				(4)A
			 description of how the activities funded under the grant will successfully
			 integrate with the design and functionality of the integrated statewide
			 education longitudinal data systems.
				(5)A description of
			 how the activities funded under the grant will promote the sharing of best
			 practices related to data collection, access, and usage.
				(6)A
			 description of how the applicant will use funds received under this section to
			 improve teaching, learning, and student outcomes and carry out the activities
			 described in subsection (c).
				(7)A
			 description of how the applicant will solicit the feedback of educators, school
			 leaders, and parents in developing, revising, and implementing plans and
			 activities.
				(8)A
			 description of how the applicant will align its use of funds under this section
			 to the local educational agency technology plan and to the local educational
			 agency plan for improving student achievement.
				(9)An analysis of
			 current resources at the school and local educational agency level to ensure
			 participating jurisdictions have the technology, such as Internet connections,
			 bandwidth, computing power, software, servers, and hard disk space, and data
			 security necessary to successfully implement the data collection, reporting,
			 assessment processes, and content delivery the system demands.
				(10)A description of
			 the indicators the applicants will use to determine if funds are effectively
			 used and their impact on improving teaching, learning, and student
			 outcomes.
				(11)If applying as a
			 consortium of local educational agencies, the role of each.
				(12)Such other
			 information as the Secretary may reasonably require.
				(e)Awarding of
			 grants
				(1)Peer
			 reviewIn awarding grants
			 under this section, the Secretary shall use a peer review process that ensures
			 technical quality, validity and reliability, promotes linkages across States,
			 and protects student privacy consistent with section 444 of the General
			 Education Provisions Act (commonly known as the Family Educational
			 Rights and Privacy Act of 1974) (20 U.S.C. 1232g).
				(2)DiversityThe
			 Secretary shall ensure, to the extent possible, that grantees are diverse in
			 terms of geography, size, and location within an urban, rural, or suburban
			 area.
				(3)Grant
			 periodThe Secretary shall award a grant under this section for a
			 period of not more than 5 years.
				(f)ReportNot
			 later than 1 year after the date of enactment of this Act, and annually
			 thereafter, the Secretary shall make publicly available a report on the
			 implementation and effectiveness of the uses of funds, including efforts to
			 protect student and educator privacy, under this section.
			(g)Authorization of
			 appropriationsThere are authorized to be appropriated to carry
			 out this section $65,000,000 for fiscal year 2011 and for each succeeding
			 fiscal year.


116 HR 1700 IH: Drug Cartel Terrorist Designation Act
U.S. House of Representatives
2019-03-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		116th CONGRESS
		1st Session
		H. R. 1700
		IN THE HOUSE OF REPRESENTATIVES

			March 12, 2019
			Mr. Roy (for himself and Mr. Green of Tennessee) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To direct the Secretary of State to submit to Congress a report on the designation of the
			 Reynosa/Los Metros faction of the Gulf Cartel, the Jalisco New Generation
			 Cartel, and the Cartel Del Noreste faction of Los Zetas as foreign
			 terrorist organizations, and for other purposes.

 1.Short titleThis Act may be cited as the Drug Cartel Terrorist Designation Act. 2.Report on designation of certain drug cartels as foreign terrorist organizations (a)Sense of CongressIt is the sense of Congress that—
 (1)each of the drug cartels set forth in section 2(a)(2) meet the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
 (2)the Secretary of State should designate each of the following Mexican drug cartels as a foreign terrorist organization under such section 219:
 (A)The Reynosa/Los Metros faction of the Gulf Cartel. (B)The Jalisco New Generation Cartel.
 (C)The Cartel Del Noreste faction of Los Zetas. (b)Report (1)Report requiredNot later than 30 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence, shall submit to the appropriate committees of Congress—
 (A)a detailed report on whether each of the drug cartels listed in section (2)(a)(2) meet the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
 (B)if the Secretary determines that any of the drug cartels do not meet the criteria set forth under such section 219, a detailed justification as to which criteria have not been met.
 (2)FormThe report required by paragraph (1) shall— (A)be submitted in unclassified form, but may include a classified annex; and
 (B)be made available only in electronic form and shall not be printed, except if a printed copy is requested by an office of the legislative branch.
 (3)Appropriate committees of Congress definedIn this subsection, the term appropriate committees of Congress means— (A)the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and
 (B)the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.


		II
		110th CONGRESS
		2d Session
		S. 2760
		IN THE SENATE OF THE UNITED STATES

			March 13, 2008
			Mr. Leahy (for himself
			 and Mr. Bond) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend title 10, United States Code, to
		  enhance the national defense through empowerment of the National Guard,
		  enhancement of the functions of the National Guard Bureau, and improvement of
		  Federal-State military coordination in domestic emergency response, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 National Guard Empowerment and
			 State-National Defense Integration Act of 2008.
		2.Expanded authority of
			 the Chief of the National Guard Bureau
			(a)Membership on
			 Joint Chiefs of Staff
				(1)In
			 generalSection 151(a) of title 10, United States Code, is
			 amended by adding at the end the following new paragraph:

						(7)The Chief of the National Guard
				Bureau.
						.
				(2)Conforming
			 amendmentSection 10502 of such title is amended—
					(A)by redesignating subsections (d) and (e) as
			 subsections (e) and (f), respectively; and
					(B)by inserting after subsection (c) the
			 following new subsection (d):

							(d)Member of Joint
				Chiefs of StaffThe Chief of
				the National Guard Bureau shall perform the duties prescribed for him or her as
				a member of the Joint Chiefs of Staff under section 151 of this
				title.
							.
					(b)Annual report to
			 congress on validated requirementsSection 10504 of title 10, United States
			 Code, is amended by adding at the end the following new subsection:

					(c)Annual report on
				validated requirementsNot
				later than December 31 each year, the Chief of the National Guard Bureau shall
				submit to Congress a report on the following:
						(1)The requirements validated under section
				10503a(b)(1) of this title during the preceding fiscal year.
						(2)The requirements referred to in paragraph
				(1) for which funding is to be requested in the next budget for a fiscal year
				under section 10544 of this title.
						(3)The requirements referred to in paragraph
				(1) for which funding will not be requested in the next budget for a fiscal
				year under section 10544 of this
				title.
						.
			3.Expanded
			 functions of the National Guard Bureau
			(a)Military
			 assistance for civil authoritiesChapter 1011 of title 10, United States
			 Code, is amended by inserting after section 10503 the following new
			 section:

					10503a.Functions of
				National Guard Bureau: military assistance to civil authorities
						(a)Identification
				of additional necessary assistanceThe Chief of the National Guard Bureau
				shall—
							(1)identify gaps between Federal and State
				military capabilities to prepare for and respond to emergencies; and
							(2)make recommendations to the Secretary of
				Defense on programs and activities of the National Guard for military
				assistance to civil authorities to address such gaps.
							(b)Scope of
				responsibilitiesIn meeting
				the requirements of subsection (a), the Chief of the National Guard Bureau
				shall, in coordination with the adjutants general of the States, have
				responsibilities as follows:
							(1)To validate the requirements of the several
				States and Territories with respect to military assistance to civil
				authorities.
							(2)To develop doctrine and training
				requirements relating to the provision of military assistance to civil
				authorities.
							(3)To acquire equipment, materiel, and other
				supplies and services for the provision of military assistance to civil
				authorities.
							(4)To assist the Secretary of Defense in
				preparing the budget required under section 10544 of this title.
							(5)To administer amounts provided the National
				Guard for the provision of military assistance to civil authorities.
							(6)To carry out any other responsibility
				relating to the provision of military assistance to civil authorities as the
				Secretary of Defense shall specify.
							(c)AssistanceThe Chairman of the Joint Chiefs of Staff
				shall assist the Chief of the National Guard Bureau in carrying out activities
				under this section.
						(d)Consultation(1)The Chief of the National Guard Bureau
				shall carry out activities under this section through and utilizing an
				integrated planning process established by the Chief of the National Guard
				Bureau for purposes of this subsection. The planning process may be known as
				the National Guard Bureau Strategic Integrated Planning
				Process.
							(2)(A)Under the integrated planning process
				established under paragraph (1)—
									(i)the planning committee described in
				subparagraph (B) shall develop and submit to the planning directorate described
				in subparagraph (C) plans and proposals on such matters under the planning
				process as the Chief of the National Guard Bureau shall designate for purposes
				of this subsection; and
									(ii)the planning directorate shall review and
				make recommendations to the Chief of the National Guard Bureau on the plans and
				proposals submitted to the planning directorate under clause (i).
									(B)The planning committee described in this
				subparagraph is a planning committee (to be known as the State Strategic
				Integrated Planning Committee) composed of the adjutant general of each
				of the several States, the Commonwealth of Puerto Rico, Guam, the Virgin
				Islands, and the District of Columbia.
								(C)The planning directorate described in this
				subparagraph is a planning directorate (to be known as the Federal
				Strategic Integrated Planning Directorate) composed of the following
				(as designated by the Secretary of Defense for purposes of this
				subsection):
									(i)A
				major general of the Army National Guard.
									(ii)A
				major general of the Air National Guard.
									(iii)A major general of the regular Army.
									(iv)A
				major general of the regular Air Force.
									(v)A
				major general (other than a major general under clauses (iii) and (iv)) of the
				United States Northern Command.
									(vi)The Director of the Joint Staff of the
				National Guard Bureau under section 10505 of this title.
									(vii)Seven adjutants general from the planning
				committee under paragraph
				(B).
									.
			(b)Budgeting for
			 training and equipment for military assistance to civil authorities and other
			 domestic missionsChapter
			 1013 of such title is amended by adding at the end the following new
			 section:

					10544.National Guard
				training and equipment: budget for military assistance to civil authorities and
				for other domestic operations
						(a)In
				generalThe budget
				justification documents materials submitted to Congress in support of the
				budget of the President for a fiscal year (as submitted with the budget of the
				President under section 1105(a) of title 31) shall specify separate amounts for
				training and equipment for the National Guard for purposes of military
				assistance to civil authorities and for other domestic operations during such
				fiscal year.
						(b)Scope of
				fundingThe amounts specified
				under subsection (a) for a fiscal year shall be sufficient for purposes as
				follows:
							(1)The development and implementation of
				doctrine and training requirements applicable to the assistance and operations
				described in subsection (a) for such fiscal year.
							(2)The acquisition of equipment, materiel, and
				other supplies and services necessary for the provision of such assistance and
				such operations in such fiscal
				year.
							.
			(c)Clerical
			 amendments
				(1)The table of sections at the beginning of
			 chapter 1011 of such title is amended by inserting after the item relating to
			 section 10503 the following new item:

							10503a. Functions of
				National Guard Bureau: military assistance to civil
				authorities.

						.
				(2)The table of sections at the beginning of
			 chapter 1013 of such title is amended by adding at the end the following new
			 item:

							10544. National Guard training and equipment: budget for
				military assistance to civil authorities and for other domestic
				operations.

						.
				4.Redesignation of
			 positions of Director of the Army National Guard, Director of the Air National
			 Guard, and associated positions
			(a)RedesignationSection
			 10506 of title 10, United States Code, is amended—
				(1)by striking
			 Director, Army National Guard each place it appears and
			 inserting Vice Chief, Army National Guard;
				(2)by striking
			 Deputy Director, Army National Guard each place it appears and
			 inserting Deputy Vice Chief, Army National Guard;
				(3)by striking
			 Director, Air National Guard each place it appears and inserting
			 Vice Chief, Air National Guard; and
				(4)by striking
			 Deputy Director, Air National Guard each place it appears and
			 inserting Deputy Vice Chief, Air National Guard.
				(b)Conforming
			 amendmentSection 14512(a)(2)(D) of such title is amended by
			 striking Director of the Army National Guard, or Director of the Air
			 National Guard and inserting Vice Chief of the Army National
			 Guard, or Vice Chief of the Air National Guard.
			(c)References
				(1)Director, army
			 national guardAny reference in a law, regulation, document,
			 paper, or other record of the United States to the Director of the Army
			 National Guard shall be deemed to be a reference to the Vice Chief of the Army
			 National Guard.
				(2)Deputy
			 director, army national guardAny reference in a law, regulation,
			 document, paper, or other record of the United States to the Deputy Director of
			 the Army National Guard shall be deemed to be a reference to the Deputy Vice
			 Chief of the Army National Guard.
				(3)Director, air
			 national guardAny reference in a law, regulation, document,
			 paper, or other record of the United States to the Director of the Air National
			 Guard shall be deemed to be a reference to the Vice Chief of the Air National
			 Guard.
				(4)Deputy
			 director, air national guardAny reference in a law, regulation,
			 document, paper, or other record of the United States to the Deputy Director of
			 the Air National Guard shall be deemed to be a reference to the Deputy Vice
			 Chief of the Air National Guard.
				5.Treatment of
			 certain service as joint duty experience
			(a)Vice Chiefs,
			 Army and Air National GuardSection 10506(a)(3) of title 10,
			 United States Code, as amended by section 4(a) of this Act, is further
			 amended—
				(1)by redesignating
			 subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F),
			 respectively; and
				(2)by inserting after
			 subparagraph (B) the following new subparagraph (C):

						(C)Service of an officer as adjutant
				general shall be treated as joint duty experience for purposes of assignment or
				promotion to any position designated by law as open to a National Guard general
				officer.
						.
				(b)Adjutants
			 general and similar officersThe service of an officer of the
			 Armed Forces as adjutant general, or as an officer (other than adjutant
			 general) of the National Guard of a State who performs the duties of adjutant
			 general under the laws of such State, shall be treated as joint duty or joint
			 duty experience for purposes of any provisions of law required such duty or
			 experience as a condition of assignment or promotion.
			(c)Annual reports
			 on duty in joint force headquarters To qualify as joint duty
			 experienceNot later than six months after the date of the
			 enactment of this Act, and annually thereafter, the Chief of the National Guard
			 Bureau shall, in consultation with the adjutants general of the National Guard,
			 submit to the Chairman of the Joint Chiefs of Staff and to Congress a report
			 setting forth the recommendations of the Chief of the National Guard Bureau as
			 to which duty of officers, and which duty of enlisted members, of the National
			 Guard in the Joint Force Headquarters of the National Guard of the States
			 should qualify as joint duty or joint duty experience for purposes of the
			 provisions of law requiring such duty or experience as a condition of
			 assignment or promotion.
			(d)Annual reports
			 on joint education coursesNot later than six months after the
			 date of the enactment of this Act, and annually thereafter, the Chairman of the
			 Joint Chiefs of Staff shall submit to Congress a report setting forth
			 information on the joint education courses available through the Department of
			 Defense for purposes of the pursuit of joint careers by officers in the Armed
			 Forces. Each report shall include, for the preceding year, the
			 following:
				(1)A list and
			 description of the joint education courses so available during such
			 year.
				(2)A list and
			 description of the joint education courses listed under paragraph (1) that are
			 available to and may be completed by officers of the reserve components of the
			 Armed Forces in other than an in-resident duty status under title 10, United
			 States Code, or title 32, United States Code.
				(3)For each course
			 listed under paragraph (1), the number of officers from each Armed Force who
			 pursued such course during such year, including the number of officers of the
			 Army National Guard, and of the Air National Guard, who pursued such
			 course.
				6.Enhancement of
			 authorities relating to the United States Northern Command and other combatant
			 commands
			(a)Commands
			 responsible for support to civil authorities in the United
			 StatesThe United States Northern Command and the United States
			 Pacific Command shall be the combatant commands of the Armed Forces that are
			 principally responsible for the support of civil authorities in the United
			 States by the Armed Forces.
			(b)Discharge of
			 responsibilityIn discharging the responsibility set forth in
			 subsection (a), the Commander of the United States Northern Command and the
			 Commander of the United States Pacific Command shall each—
				(1)in consultation
			 with and acting through the Chief of the National Guard Bureau and the Joint
			 Force Headquarters of the National Guard of the State or States concerned,
			 assist the States in the employment of the National Guard under State control,
			 including National Guard operations conducted in State active duty or under
			 title 32, United States Code; and
				(2)facilitate the
			 deployment of the Armed Forces on active duty under title 10, United States
			 Code, as necessary to augment and support the National Guard in its support of
			 civil authorities when National Guard operations are conducted under State
			 control, whether in State active duty or under title 32, United States
			 Code.
				(c)Memorandum of
			 understanding
				(1)Memorandum
			 requiredNot later than 180 days after the date of the enactment
			 of this Act, the Commander of the United States Northern Command, the Commander
			 of the United States Pacific Command, and the Chief of the National Guard
			 Bureau shall, with the approval of the Secretary of Defense, jointly enter into
			 a memorandum of understanding setting forth the operational relationships, and
			 individual roles and responsibilities, during responses to domestic emergencies
			 among the United States Northern Command, the United States Pacific Command,
			 and the National Guard Bureau.
				(2)ModificationThe
			 Commander of the United States Northern Command, the Commander of the United
			 States Pacific Command, and the Chief of the National Guard Bureau may from
			 time to time modify the memorandum of understanding under this subsection to
			 address changes in circumstances and for such other purposes as the Commander
			 of the United States Northern Command, the Commander of the United States
			 Pacific Command, and the Chief of the National Guard Bureau jointly consider
			 appropriate. Each such modification shall be subject to the approval of the
			 Secretary of Defense.
				(d)Authority To
			 modify assignment of command responsibilityNothing in this
			 section shall be construed as altering or limiting the power of the President
			 or the Secretary of Defense to modify the Unified Command Plan in order to
			 assign all or part of the responsibility described in subsection (a) to a
			 combatant command other than the United States Northern Command or the United
			 States Pacific Command.
			(e)RegulationsThe
			 Secretary of Defense shall prescribe regulations for purposes of aiding the
			 expeditious implementation of the authorities and responsibilities in this
			 section.
			7.State control of
			 Federal military forces engaged in activities within the States and
			 possessions
			(a)In
			 generalPart I of subtitle A of title 10, United States Code, is
			 amended by inserting after chapter 15 the following new chapter:

					16Control of the
				Armed Forces in Activities Within the States and possessions

							Sec.
							341. Tactical control of the armed forces engaged in activities
				  within the States and possessions: emergency response activities.

						341.Tactical
				control of the armed forces engaged in activities within the States and
				possessions: emergency response activities
							(a)In
				generalThe Secretary of Defense shall prescribe in regulations
				policies and procedures to assure that tactical control of the armed forces on
				active duty within a State or possession is vested in the governor of the State
				or possession, as the case may be, when such forces are engaged in emergency
				response activities within such State or possession.
							(b)Discharge
				through Joint Force HeadquartersThe policies and procedures
				required under subsection (a) shall provide for the discharge of tactical
				control by the governor of a State or possession as described in that
				subsection through the Joint Force Headquarters of the National Guard in the
				State or possession, as the case may be, acting through the officer of the
				National Guard in command of the Headquarters.
							(c)Possessions
				definedNotwithstanding any provision of section 101(a), in this
				section, the term possessions means the Commonwealth of Puerto
				Rico, Guam, and the Virgin
				Islands.
							.
			(b)Clerical
			 amendmentsThe tables of chapters at the beginning of title 10,
			 United States Code, and at the beginning of part I of subtitle A of such title,
			 are each amended by inserting after the item relating to chapter 15 the
			 following new item:

						16. Control
				  of the Armed Forces in Activities Within the States and
				  Possessions341

					.
			8.Requirements
			 relating to National Guard officers in certain command positions
			(a)Commander of
			 Army North CommandThe officer serving in the position of
			 Commander, Army North Command, shall be an officer in the Army National Guard
			 of the United States.
			(b)Commander of
			 Air Force North CommandThe officer serving in the position of
			 Commander, Air Force North Command, shall be an officer in the Air National
			 Guard of the United States.
			(c)Sense of
			 CongressIt is the sense of Congress that, in assigning officers
			 to the command positions specified in subsections (a) and (b), the President
			 should afford a preference in assigning officers in the Army National Guard of
			 the United States or Air National Guard of the United States, as applicable,
			 who have served as the adjutant general of a State.
			(d)Certain joint
			 task force positions
				(1)In
			 generalOf the officers serving in the positions specified in
			 each subparagraph of paragraph (2), as least one such officer under each
			 subparagraph shall be an officer in the Army National Guard of the United
			 States or an officer in the Air National Guard of the United States.
				(2)Covered
			 positionsThe positions specified in this paragraph are:
					(A)Commander, Joint
			 Task Force Alaska, and Deputy Commander, Joint Task Force Alaska.
					(B)Commander, Joint
			 Task Force Civil Support, and Deputy Commander, Joint Task Force Civil
			 Support.
					(C)Commander, Joint
			 Task Force North, and Deputy Commander, Joint Task Force North.


		I
		112th CONGRESS
		2d Session
		H. R. 4130
		IN THE HOUSE OF REPRESENTATIVES

			March 1, 2012
			Mr. Payne (for
			 himself and Mr. Rangel) introduced the
			 following bill; which was referred to the Committee on Financial
			 Services

		A BILL
		To award posthumously a Congressional Gold Medal to
		  Althea Gibson, in recognition of her groundbreaking achievements in athletics
		  and her commitment to ending racial discrimination and prejudice within the
		  world of athletics.

		1.Short titleThis Act may be cited as the
			 Althea Gibson Excellence
			 Act.
		2.FindingsThe Congress finds the following:
			(1)Althea Gibson was born August 25, 1927, in
			 Silver, South Carolina.
			(2)Althea Gibson
			 lived with her family in Harlem during the 1930s and 1940s. She was first
			 introduced to tennis on the Harlem River Tennis Courts. She went on to dominate
			 the all-Black American Tennis Association tournaments throughout the early
			 1940s, when racism and segregation prevented her from participating in
			 tournaments sponsored by the United States Lawn Tennis Association
			 (USLTA).
			(3)Althea Gibson
			 graduated from Florida A & M University in 1953, and was an athletic
			 instructor at the Lincoln University in Jefferson City, Missouri.
			(4)Despite her
			 extraordinary athletic prowess, Althea was repeatedly denied entry into the
			 world’s top tennis tournaments based on the color of her skin. Alice Marble, a
			 four-time U.S. Open champion, wrote a historic editorial published in the July
			 1950 American Lawn Tennis magazine, condemning the sport of tennis for
			 excluding players of Althea Gibson’s caliber.
			(5)Althea excelled in
			 the Eastern Grass Court Championships at the Orange Lawn Tennis Club in South
			 Orange, New Jersey. Her outstanding grass play caused the USLTA to reevaluate
			 its policy providing Althea a bid to Forest Hills.
			(6)Althea was the
			 first African-American to win championships at famous tournaments, such as the
			 French Open, the United States Open, the Australian Doubles, and Wimbledon in
			 the 1950s.
			(7)Althea broke the
			 color barrier to become the first African-American player, either male or
			 female, to be allowed to enter the Forest Hills, New York, Championship in
			 1950.
			(8)Althea Gibson’s
			 tennis career flourished, even in the face of discrimination. She was the first
			 African-American invited to Wimbledon in 1951, eventually winning both the
			 women’s singles and doubles in 1957 and 1958.
			(9)She would go on to
			 become the first African-American woman to win the championship at the French
			 Open in 1956.
			(10)During her career, she won 56 doubles and
			 singles titles before gaining national and international acclaim for her
			 athletic feats in professional tennis leagues. In the late 1950s, Gibson won
			 eleven major titles including three straight doubles at the French Open in
			 1956, 1957, and 1958 and the U.S. Open in 1957 and 1958.
			(11)Althea was the first African-American to be
			 named as the Female Athlete of the Year by the Associated Press in 1957. She
			 was given that honor again the following year. When she won her second U.S.
			 Championship, she went professional at the age of 31.
			(12)As further
			 evidence to Althea’s athletic gift, after finishing her amateur tennis career,
			 she became a professional golfer in 1959. She was also the first
			 African-American woman to hold a membership in the Ladies Professional Golf
			 Association (LGPA).
			(13)After retiring from golf, Althea Gibson
			 shifted her focus to public service. In 1975, Althea Gibson was named the New
			 Jersey Commissioner of Athletics. She held this position and also served on
			 both the State's Athletics Control Board and the Governor's Council on Physical
			 Fitness.
			(14)Althea Gibson was
			 inducted into the prestigious International Tennis Hall of Fame in 1971 and to
			 the International Women’s Sports Hall of Fame in 1980.
			(15)In 1991, the
			 National Collegiate Athletic Association (NCAA) honored Althea Gibson with the
			 Theodore Roosevelt Award, the highest honor the organization may confer on an
			 individual. She was the first woman ever to receive this distinguished
			 honor.
			(16)Althea passed
			 away in East Orange, NJ, on September 28, 2003.
			(17)Althea Gibson was a trailblazer whose
			 experiences and successes paved the way for other great African-American tennis
			 players like Arthur Ashe.
			(18)The legacy of
			 Althea Gibson continues to serve as an inspiration and a shining example for
			 the Nation’s youth.
			(19)Joining the ranks
			 of other distinguished Congressional Gold Medal recipients would be a fitting
			 accolade to the achievements of Althea Gibson.
			3.Congressional
			 gold medal
			(a)Presentation
			 AuthorizedThe Speaker of the
			 House of Representatives and the President pro tempore of the Senate shall make
			 appropriate arrangements for the posthumous presentation, on behalf of the
			 Congress, of a gold medal of appropriate design in commemoration of Althea
			 Gibson, in recognition of her groundbreaking achievements in athletics and her
			 commitment to ending racial discrimination and prejudice within the world of
			 athletics.
			(b)Design and
			 strikingFor purposes of the presentation referred to in
			 subsection (a), the Secretary of the Treasury (referred to in this Act as the
			 Secretary) shall strike a gold medal with suitable emblems,
			 devices, and inscriptions, to be determined by the Secretary.
			4.Duplicate
			 medalsThe Secretary may
			 strike and sell duplicates in bronze of the gold medal struck pursuant to
			 section 3 under such regulations as the Secretary may prescribe, at a price
			 sufficient to cover the cost thereof, including labor, materials, dies, use of
			 machinery, and overhead expenses, and the cost of the gold medal.
		5.Status of
			 medals
			(a)National
			 medalsThe medals struck pursuant to this Act are national medals
			 for purposes of
			 chapter 51 of title 31,
			 United States Code.
			(b)Numismatic
			 itemsFor purposes of
			 section
			 5134 of title 31, United States Code, all medals struck under
			 this Act shall be considered to be numismatic items.
			6.Authority To use
			 fund amounts; proceeds of sale
			(a)Authority To use
			 fund amountsThere is authorized to be charged against the United
			 States Mint Public Enterprise Fund, such amounts as may be necessary to pay for
			 the costs of the medals struck pursuant to this Act.
			(b)Proceeds of
			 saleAmounts received from the sale of duplicate bronze medals
			 authorized under section 4 shall be deposited into the United States Mint
			 Public Enterprise Fund.


110 HR 6107 IH: American Energy Independence and Price

U.S. House of Representatives
2008-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6107
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2008
			Mr. Young of Alaska
			 (for himself and Mr. Bartlett of
			 Maryland) introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committees on
			 Energy and Commerce and
			 Science and Technology,
			 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 direct the Secretary of the Interior to establish and
		  implement a competitive oil and gas leasing program that will result in an
		  environmentally sound program for the exploration, development, and production
		  of the oil and gas resources of the Coastal Plain of Alaska, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 American Energy Independence and Price
			 Reduction Act.
		2.DefinitionsIn this Act:
			(1)Coastal
			 PlainThe term Coastal Plain means that area
			 described in appendix I to part 37 of title 50, Code of Federal
			 Regulations.
			(2)SecretaryThe
			 term Secretary, except as otherwise provided, means the
			 Secretary of the Interior or the Secretary’s designee.
			3.Leasing program
			 for lands within the Coastal Plain
			(a)In
			 generalThe Secretary shall take such actions as are
			 necessary—
				(1)to establish and
			 implement, in accordance with this Act and acting through the Director of the
			 Bureau of Land Management in consultation with the Director of the United
			 States Fish and Wildlife Service, a competitive oil and gas leasing program
			 that will result in an environmentally sound program for the exploration,
			 development, and production of the oil and gas resources of the Coastal Plain;
			 and
				(2)to
			 administer the provisions of this Act through regulations, lease terms,
			 conditions, restrictions, prohibitions, stipulations, and other provisions that
			 ensure the oil and gas exploration, development, and production activities on
			 the Coastal Plain will result in no significant adverse effect on fish and
			 wildlife, their habitat, subsistence resources, and the environment, including,
			 in furtherance of this goal, by requiring the application of the best
			 commercially available technology for oil and gas exploration, development, and
			 production to all exploration, development, and production operations under
			 this Act in a manner that ensures the receipt of fair market value by the
			 public for the mineral resources to be leased.
				(b)Repeal
				(1)RepealSection
			 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C.
			 3143) is repealed.
				(2)Conforming
			 amendmentThe table of contents in section 1 of such Act is
			 amended by striking the item relating to section 1003.
				(c)Compliance with
			 requirements under certain other laws
				(1)CompatibilityFor
			 purposes of the National Wildlife Refuge System Administration Act of 1966 (16
			 U.S.C. 668dd et seq.), the oil and gas leasing program and activities
			 authorized by this section in the Coastal Plain are deemed to be compatible
			 with the purposes for which the Arctic National Wildlife Refuge was
			 established, and no further findings or decisions are required to implement
			 this determination.
				(2)Adequacy of the
			 Department of the Interior’s legislative environmental impact
			 statementThe Final Legislative Environmental Impact
			 Statement (April 1987) on the Coastal Plain prepared pursuant to
			 section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16
			 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of
			 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the
			 National Environmental Policy Act of 1969 that apply with respect to prelease
			 activities, including actions authorized to be taken by the Secretary to
			 develop and promulgate the regulations for the establishment of a leasing
			 program authorized by this Act before the conduct of the first lease
			 sale.
				(3)Compliance with
			 NEPA for other actionsBefore conducting the first lease sale
			 under this Act, the Secretary shall prepare an environmental impact statement
			 under the National Environmental Policy Act of 1969 with respect to the actions
			 authorized by this Act that are not referred to in paragraph (2).
			 Notwithstanding any other law, the Secretary is not required to identify
			 nonleasing alternative courses of action or to analyze the environmental
			 effects of such courses of action. The Secretary shall only identify a
			 preferred action for such leasing and a single leasing alternative, and analyze
			 the environmental effects and potential mitigation measures for those two
			 alternatives. The identification of the preferred action and related analysis
			 for the first lease sale under this Act shall be completed within 18 months
			 after the date of enactment of this Act. The Secretary shall only consider
			 public comments that specifically address the Secretary’s preferred action and
			 that are filed within 20 days after publication of an environmental analysis.
			 Notwithstanding any other law, compliance with this paragraph is deemed to
			 satisfy all requirements for the analysis and consideration of the
			 environmental effects of proposed leasing under this Act.
				(d)Relationship to
			 State and local authorityNothing in this Act shall be considered
			 to expand or limit State and local regulatory authority.
			(e)Special
			 areas
				(1)In
			 generalThe Secretary, after consultation with the State of
			 Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to
			 a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary
			 determines that the Special Area is of such unique character and interest so as
			 to require special management and regulatory protection. The Secretary shall
			 designate as such a Special Area the Sadlerochit Spring area, comprising
			 approximately 4,000 acres.
				(2)ManagementEach
			 such Special Area shall be managed so as to protect and preserve the area’s
			 unique and diverse character including its fish, wildlife, and subsistence
			 resource values.
				(3)Exclusion from
			 leasing or surface occupancyThe Secretary may exclude any
			 Special Area from leasing. If the Secretary leases a Special Area, or any part
			 thereof, for purposes of oil and gas exploration, development, production, and
			 related activities, there shall be no surface occupancy of the lands comprising
			 the Special Area.
				(4)Directional
			 drillingNotwithstanding the other provisions of this subsection,
			 the Secretary may lease all or a portion of a Special Area under terms that
			 permit the use of horizontal drilling technology from sites on leases located
			 outside the Special Area.
				(f)Limitation on
			 closed areasThe Secretary’s sole authority to close lands within
			 the Coastal Plain to oil and gas leasing and to exploration, development, and
			 production is that set forth in this Act.
			(g)Regulations
				(1)In
			 generalThe Secretary shall prescribe such regulations as may be
			 necessary to carry out this Act, including rules and regulations relating to
			 protection of the fish and wildlife, their habitat, subsistence resources, and
			 environment of the Coastal Plain, by no later than 15 months after the date of
			 enactment of this Act.
				(2)Revision of
			 regulationsThe Secretary shall periodically review and, if
			 appropriate, revise the rules and regulations issued under subsection (a) to
			 reflect any significant biological, environmental, or engineering data that
			 come to the Secretary’s attention.
				4.Lease
			 sales
			(a)In
			 generalLands may be leased pursuant to this Act to any person
			 qualified to obtain a lease for deposits of oil and gas under the Mineral
			 Leasing Act (30 U.S.C. 181 et seq.).
			(b)ProceduresThe
			 Secretary shall, by regulation, establish procedures for—
				(1)receipt and
			 consideration of sealed nominations for any area in the Coastal Plain for
			 inclusion in, or exclusion (as provided in subsection (c)) from, a lease
			 sale;
				(2)the holding of
			 lease sales after such nomination process; and
				(3)public notice of
			 and comment on designation of areas to be included in, or excluded from, a
			 lease sale.
				(c)Lease sale
			 bidsBidding for leases under this Act shall be by sealed
			 competitive cash bonus bids.
			(d)Acreage minimum
			 in first saleIn the first lease sale under this Act, the
			 Secretary shall offer for lease those tracts the Secretary considers to have
			 the greatest potential for the discovery of hydrocarbons, taking into
			 consideration nominations received pursuant to subsection (b)(1), but in no
			 case less than 200,000 acres.
			(e)Timing of lease
			 salesThe Secretary shall—
				(1)conduct the first
			 lease sale under this Act within 22 months after the date of the enactment of
			 this Act;
				(2)evaluate the bids in such sale and issue
			 leases resulting from such sale, within 90 days after the date of the
			 completion of such sale; and
				(3)conduct additional
			 sales so long as sufficient interest in development exists to warrant, in the
			 Secretary’s judgment, the conduct of such sales.
				5.Grant of leases
			 by the Secretary
			(a)In
			 generalThe Secretary may grant to the highest responsible
			 qualified bidder in a lease sale conducted pursuant to section 4 any lands to
			 be leased on the Coastal Plain upon payment by the lessee of such bonus as may
			 be accepted by the Secretary.
			(b)Subsequent
			 transfersNo lease issued under this Act may be sold, exchanged,
			 assigned, sublet, or otherwise transferred except with the approval of the
			 Secretary. Prior to any such approval the Secretary shall consult with, and
			 give due consideration to the views of, the Attorney General.
			6.Lease terms and
			 conditions
			(a)In
			 generalAn oil or gas lease issued pursuant to this Act
			 shall—
				(1)provide for the
			 payment of a royalty of not less than 12½ percent in amount or value of the
			 production removed or sold from the lease, as determined by the Secretary under
			 the regulations applicable to other Federal oil and gas leases;
				(2)provide that the
			 Secretary may close, on a seasonal basis, portions of the Coastal Plain to
			 exploratory drilling activities as necessary to protect caribou calving areas
			 and other species of fish and wildlife;
				(3)require that the
			 lessee of lands within the Coastal Plain shall be fully responsible and liable
			 for the reclamation of lands within the Coastal Plain and any other Federal
			 lands that are adversely affected in connection with exploration, development,
			 production, or transportation activities conducted under the lease and within
			 the Coastal Plain by the lessee or by any of the subcontractors or agents of
			 the lessee;
				(4)provide that the
			 lessee may not delegate or convey, by contract or otherwise, the reclamation
			 responsibility and liability to another person without the express written
			 approval of the Secretary;
				(5)provide that the
			 standard of reclamation for lands required to be reclaimed under this Act shall
			 be, as nearly as practicable, a condition capable of supporting the uses which
			 the lands were capable of supporting prior to any exploration, development, or
			 production activities, or upon application by the lessee, to a higher or better
			 use as approved by the Secretary;
				(6)contain terms and
			 conditions relating to protection of fish and wildlife, their habitat,
			 subsistence resources, and the environment as required pursuant to section
			 3(a)(2);
				(7)provide that the
			 lessee, its agents, and its contractors use best efforts to provide a fair
			 share, as determined by the level of obligation previously agreed to in the
			 1974 agreement implementing section 29 of the Federal Agreement and Grant of
			 Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and
			 contracting for Alaska Natives and Alaska Native Corporations from throughout
			 the State;
				(8)prohibit the export
			 of oil produced under the lease; and
				(9)contain such other
			 provisions as the Secretary determines necessary to ensure compliance with the
			 provisions of this Act and the regulations issued under this Act.
				(b)Project labor
			 agreementsThe Secretary, as a term and condition of each lease
			 under this Act and in recognizing the Government’s proprietary interest in
			 labor stability and in the ability of construction labor and management to meet
			 the particular needs and conditions of projects to be developed under the
			 leases issued pursuant to this Act and the special concerns of the parties to
			 such leases, shall require that the lessee and its agents and contractors
			 negotiate to obtain a project labor agreement for the employment of laborers
			 and mechanics on production, maintenance, and construction under the
			 lease.
			7.Coastal plain
			 environmental protection
			(a)No significant
			 adverse effect standard To govern authorized Coastal Plain
			 activitiesThe Secretary shall, consistent with the requirements
			 of section 3, administer the provisions of this Act through regulations, lease
			 terms, conditions, restrictions, prohibitions, stipulations, and other
			 provisions that—
				(1)ensure the oil and
			 gas exploration, development, and production activities on the Coastal Plain
			 will result in no significant adverse effect on fish and wildlife, their
			 habitat, and the environment;
				(2)require the
			 application of the best commercially available technology for oil and gas
			 exploration, development, and production on all new exploration, development,
			 and production operations; and
				(3)ensure that the
			 maximum amount of surface acreage covered by production and support facilities,
			 including airstrips and any areas covered by gravel berms or piers for support
			 of pipelines, does not exceed 2,000 acres on the Coastal Plain.
				(b)Site-specific
			 assessment and mitigationThe Secretary shall also require, with
			 respect to any proposed drilling and related activities, that—
				(1)a
			 site-specific analysis be made of the probable effects, if any, that the
			 drilling or related activities will have on fish and wildlife, their habitat,
			 subsistence resources, and the environment;
				(2)a
			 plan be implemented to avoid, minimize, and mitigate (in that order and to the
			 extent practicable) any significant adverse effect identified under paragraph
			 (1); and
				(3)the development of
			 the plan shall occur after consultation with the agency or agencies having
			 jurisdiction over matters mitigated by the plan.
				(c)Regulations To
			 protect coastal plain fish and wildlife resources, subsistence users, and the
			 environmentBefore implementing the leasing program authorized by
			 this Act, the Secretary shall prepare and promulgate regulations, lease terms,
			 conditions, restrictions, prohibitions, stipulations, and other measures
			 designed to ensure that the activities undertaken on the Coastal Plain under
			 this Act are conducted in a manner consistent with the purposes and
			 environmental requirements of this Act.
			(d)Compliance with
			 Federal and State environmental laws and other requirementsThe
			 proposed regulations, lease terms, conditions, restrictions, prohibitions, and
			 stipulations for the leasing program under this Act shall require compliance
			 with all applicable provisions of Federal and State environmental law, and
			 shall also require the following:
				(1)Standards at least
			 as effective as the safety and environmental mitigation measures set forth in
			 items 1 through 29 at pages 167 through 169 of the Final Legislative
			 Environmental Impact Statement (April 1987) on the Coastal
			 Plain.
				(2)Seasonal
			 limitations on exploration, development, and related activities, where
			 necessary, to avoid significant adverse effects during periods of concentrated
			 fish and wildlife breeding, denning, nesting, spawning, and migration.
				(3)That exploration
			 activities, except for surface geological studies, be limited to the period
			 between approximately November 1 and May 1 each year and that exploration
			 activities shall be supported, if necessary, by ice roads, winter trails with
			 adequate snow cover, ice pads, ice airstrips, and air transport methods, except
			 that such exploration activities may occur at other times if the Secretary
			 finds that such exploration will have no significant adverse effect on the fish
			 and wildlife, their habitat, and the environment of the Coastal Plain.
				(4)Design safety and
			 construction standards for all pipelines and any access and service roads,
			 that—
					(A)minimize, to the
			 maximum extent possible, adverse effects upon the passage of migratory species
			 such as caribou; and
					(B)minimize adverse
			 effects upon the flow of surface water by requiring the use of culverts,
			 bridges, and other structural devices.
					(5)Prohibitions on
			 general public access and use on all pipeline access and service roads.
				(6)Stringent
			 reclamation and rehabilitation requirements, consistent with the standards set
			 forth in this Act, requiring the removal from the Coastal Plain of all oil and
			 gas development and production facilities, structures, and equipment upon
			 completion of oil and gas production operations, except that the Secretary may
			 exempt from the requirements of this paragraph those facilities, structures, or
			 equipment that the Secretary determines would assist in the management of the
			 Arctic National Wildlife Refuge and that are donated to the United States for
			 that purpose.
				(7)Appropriate
			 prohibitions or restrictions on access by all modes of transportation.
				(8)Appropriate
			 prohibitions or restrictions on sand and gravel extraction.
				(9)Consolidation of
			 facility siting.
				(10)Appropriate
			 prohibitions or restrictions on use of explosives.
				(11)Avoidance, to the
			 extent practicable, of springs, streams, and river system; the protection of
			 natural surface drainage patterns, wetlands, and riparian habitats; and the
			 regulation of methods or techniques for developing or transporting adequate
			 supplies of water for exploratory drilling.
				(12)Avoidance or
			 minimization of air traffic-related disturbance to fish and wildlife.
				(13)Treatment and
			 disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids,
			 drilling muds and cuttings, and domestic wastewater, including an annual waste
			 management report, a hazardous materials tracking system, and a prohibition on
			 chlorinated solvents, in accordance with applicable Federal and State
			 environmental law.
				(14)Fuel storage and
			 oil spill contingency planning.
				(15)Research,
			 monitoring, and reporting requirements.
				(16)Field crew
			 environmental briefings.
				(17)Avoidance of
			 significant adverse effects upon subsistence hunting, fishing, and trapping by
			 subsistence users.
				(18)Compliance with
			 applicable air and water quality standards.
				(19)Appropriate
			 seasonal and safety zone designations around well sites, within which
			 subsistence hunting and trapping shall be limited.
				(20)Reasonable
			 stipulations for protection of cultural and archeological resources.
				(21)All other
			 protective environmental stipulations, restrictions, terms, and conditions
			 deemed necessary by the Secretary.
				(e)ConsiderationsIn
			 preparing and promulgating regulations, lease terms, conditions, restrictions,
			 prohibitions, and stipulations under this section, the Secretary shall consider
			 the following:
				(1)The stipulations
			 and conditions that govern the National Petroleum Reserve-Alaska leasing
			 program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska
			 Final Integrated Activity Plan/Environmental Impact Statement.
				(2)The environmental
			 protection standards that governed the initial Coastal Plain seismic
			 exploration program under parts 37.31 to 37.33 of title 50, Code of Federal
			 Regulations.
				(3)The land use
			 stipulations for exploratory drilling on the KIC–ASRC private lands that are
			 set forth in Appendix 2 of the August 9, 1983, agreement between Arctic Slope
			 Regional Corporation and the United States.
				(f)Facility
			 consolidation planning
				(1)In
			 generalThe Secretary shall, after providing for public notice
			 and comment, prepare and update periodically a plan to govern, guide, and
			 direct the siting and construction of facilities for the exploration,
			 development, production, and transportation of Coastal Plain oil and gas
			 resources.
				(2)ObjectivesThe
			 plan shall have the following objectives:
					(A)Avoiding
			 unnecessary duplication of facilities and activities.
					(B)Encouraging
			 consolidation of common facilities and activities.
					(C)Locating or
			 confining facilities and activities to areas that will minimize impact on fish
			 and wildlife, their habitat, and the environment.
					(D)Utilizing existing
			 facilities wherever practicable.
					(E)Enhancing
			 compatibility between wildlife values and development activities.
					(g)Access to public
			 landsThe Secretary shall—
				(1)manage public
			 lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of
			 the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121);
			 and
				(2)ensure that local
			 residents shall have reasonable access to public lands in the Coastal Plain for
			 traditional uses.
				8.Expedited
			 judicial review
			(a)Filing of
			 complaint
				(1)DeadlineSubject
			 to paragraph (2), any complaint seeking judicial review of any provision of
			 this Act or any action of the Secretary under this Act shall be filed—
					(A)except as provided
			 in subparagraph (B), within the 90-day period beginning on the date of the
			 action being challenged; or
					(B)in the case of a
			 complaint based solely on grounds arising after such period, within 90 days
			 after the complainant knew or reasonably should have known of the grounds for
			 the complaint.
					(2)VenueAny
			 complaint seeking judicial review of any provision of this Act or any action of
			 the Secretary under this Act may be filed only in the United States Court of
			 Appeals for the District of Columbia.
				(3)Limitation on
			 scope of certain reviewJudicial review of a Secretarial decision
			 to conduct a lease sale under this Act, including the environmental analysis
			 thereof, shall be limited to whether the Secretary has complied with the terms
			 of this Act and shall be based upon the administrative record of that decision.
			 The Secretary’s identification of a preferred course of action to enable
			 leasing to proceed and the Secretary’s analysis of environmental effects under
			 this Act shall be presumed to be correct unless shown otherwise by clear and
			 convincing evidence to the contrary.
				(b)Limitation on
			 other reviewActions of the Secretary with respect to which
			 review could have been obtained under this section shall not be subject to
			 judicial review in any civil or criminal proceeding for enforcement.
			9.Federal and State
			 distribution of revenues
			(a)In
			 generalNotwithstanding any other provision of law, of the amount
			 of adjusted bonus, rental, and royalty revenues from Federal oil and gas
			 leasing and operations authorized under this Act—
				(1)50 percent shall
			 be paid to the State of Alaska; and
				(2)except as provided in section 12(d), the
			 balance shall be transferred to the ANWR Alternative Energy Trust Fund
			 established by this Act.
				(b)Payments to
			 AlaskaPayments to the State of Alaska under this section shall
			 be made semiannually.
			10.Rights-of-way
			 across the Coastal Plain
			(a)In
			 generalThe Secretary shall issue rights-of-way and easements
			 across the Coastal Plain for the transportation of oil and gas—
				(1)except as provided
			 in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185),
			 without regard to title XI of the Alaska National Interest Lands Conservation
			 Act (30 U.S.C. 3161 et seq.); and
				(2)under title XI of
			 the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.),
			 for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and
			 3171).
				(b)Terms and
			 conditionsThe Secretary shall include in any right-of-way or
			 easement issued under subsection (a) such terms and conditions as may be
			 necessary to ensure that transportation of oil and gas does not result in a
			 significant adverse effect on the fish and wildlife, subsistence resources,
			 their habitat, and the environment of the Coastal Plain, including requirements
			 that facilities be sited or designed so as to avoid unnecessary duplication of
			 roads and pipelines.
			(c)RegulationsThe
			 Secretary shall include in regulations under section 3(g) provisions granting
			 rights-of-way and easements described in subsection (a) of this section.
			11.ConveyanceIn order to maximize Federal revenues by
			 removing clouds on title to lands and clarifying land ownership patterns within
			 the Coastal Plain, the Secretary, notwithstanding the provisions of section
			 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C.
			 3192(h)(2)), shall convey—
			(1)to the Kaktovik
			 Inupiat Corporation the surface estate of the lands described in paragraph 1 of
			 Public Land Order 6959, to the extent necessary to fulfill the Corporation’s
			 entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act
			 (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the
			 Agreement between the Department of the Interior, the United States Fish and
			 Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat
			 Corporation effective January 22, 1993; and
			(2)to the Arctic
			 Slope Regional Corporation the remaining subsurface estate to which it is
			 entitled pursuant to the August 9, 1983, agreement between the Arctic Slope
			 Regional Corporation and the United States of America.
			12.Local government
			 impact aid and community service assistance
			(a)Financial
			 assistance authorized
				(1)In
			 generalThe Secretary may use amounts available from the Coastal
			 Plain Local Government Impact Aid Assistance Fund established by subsection (d)
			 to provide timely financial assistance to entities that are eligible under
			 paragraph (2) and that are directly impacted by the exploration for or
			 production of oil and gas on the Coastal Plain under this Act.
				(2)Eligible
			 entitiesThe North Slope Borough, the City of Kaktovik, and any
			 other borough, municipal subdivision, village, or other community in the State
			 of Alaska that is directly impacted by exploration for, or the production of,
			 oil or gas on the Coastal Plain under this Act, as determined by the Secretary,
			 shall be eligible for financial assistance under this section.
				(b)Use of
			 assistanceFinancial assistance under this section may be used
			 only for—
				(1)planning for
			 mitigation of the potential effects of oil and gas exploration and development
			 on environmental, social, cultural, recreational, and subsistence
			 values;
				(2)implementing
			 mitigation plans and maintaining mitigation projects;
				(3)developing,
			 carrying out, and maintaining projects and programs that provide new or
			 expanded public facilities and services to address needs and problems
			 associated with such effects, including fire-fighting, police, water, waste
			 treatment, medivac, and medical services; and
				(4)establishment of a
			 coordination office, by the North Slope Borough, in the City of Kaktovik, which
			 shall—
					(A)coordinate with
			 and advise developers on local conditions, impact, and history of the areas
			 utilized for development; and
					(B)provide to the
			 Committee on Resources of the House of Representatives and the Committee on
			 Energy and Natural Resources of the Senate an annual report on the status of
			 coordination between developers and the communities affected by
			 development.
					(c)Application
				(1)In
			 generalAny community that is eligible for assistance under this
			 section may submit an application for such assistance to the Secretary, in such
			 form and under such procedures as the Secretary may prescribe by
			 regulation.
				(2)North Slope
			 Borough communitiesA community located in the North Slope
			 Borough may apply for assistance under this section either directly to the
			 Secretary or through the North Slope Borough.
				(3)Application
			 assistanceThe Secretary shall work closely with and assist the
			 North Slope Borough and other communities eligible for assistance under this
			 section in developing and submitting applications for assistance under this
			 section.
				(d)Establishment of
			 fund
				(1)In
			 generalThere is established in the Treasury the Coastal Plain
			 Local Government Impact Aid Assistance Fund.
				(2)UseAmounts
			 in the fund may be used only for providing financial assistance under this
			 section.
				(3)DepositsSubject
			 to paragraph (4), there shall be deposited into the fund amounts received by
			 the United States as revenues derived from rents, bonuses, and royalties from
			 Federal leases and lease sales authorized under this Act.
				(4)Limitation on
			 depositsThe total amount in the fund may not exceed
			 $11,000,000.
				(5)Investment of
			 balancesThe Secretary of the Treasury shall invest amounts in
			 the fund in interest bearing government securities.
				(e)Authorization of
			 appropriationsTo provide financial assistance under this section
			 there is authorized to be appropriated to the Secretary from the Coastal Plain
			 Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal
			 year.
			13.ANWR Alternative
			 Energy Trust Fund
			(a)Establishment of
			 trust fundThere is established in the Treasury of the United
			 States a trust fund to be known as the ANWR Alternative Energy Trust
			 Fund, consisting of such amounts as may be transferred to the ANWR
			 Alternative Energy Trust Fund as provided in section 9.
			(b)Expenditures
			 from ANWR Alternative Energy Trust Fund
				(1)In
			 generalAmounts in the ANWR Alternative Energy Trust Fund shall
			 be available without further appropriation to carry out specified provisions of
			 the Energy Policy Act of 2005 (Public Law 109–58; in this section referred to
			 as EPAct2005) and the Energy Independence and Security Act of
			 2007 (Public Law 110–140; in this section referred to as
			 EISAct2007), as follows:

								To carry out the provisions
					 of:The following percentage of annual receipts to the ANWR
					 Alternative Energy Trust Fund, but not to exceed the limit on amount
					 authorized, if any:

								EPAct2005:

								Section
					 2101.5 percent

								Section
					 2421.0 percent

								Section
					 3692.0 percent

								Section
					 4016.0 percent

								Section
					 8126.0 percent

								Section
					 93119.0 percent

								Section
					 9421.5 percent

								Section
					 9623.0 percent

								Section
					 9681.5 percent

								Section
					 1704 6.0 percent

								EISAct2007:

								Section
					 20715.0 percent

								Section
					 6071.5 percent

								Title
					 VI, Subtitle B3.0 percent

								Title
					 VI, Subtitle C1.5 percent

								Section
					 6419.0 percent

								Title
					 VII, Subtitle A15.0 percent

								Section
					 11121.5 percent

								Section
					 13046.0 percent.

				(2)Apportionment of
			 excess amountNotwithstanding
			 paragraph (1), any amounts allocated under paragraph (1) that are in excess of
			 the amounts authorized in the applicable cited section or subtitle of EPAct2005
			 and EISAct2007 shall be reallocated to the remaining sections and subtitles
			 cited in paragraph (1), up to the amounts otherwise authorized by law to carry
			 out such sections and subtitles, in proportion to the amounts authorized by law
			 to be appropriated for such other sections and subtitles.


110 HR 4932 IH: To amend title 5, United States Code, to make certain

U.S. House of Representatives
2008-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 4932
		IN THE HOUSE OF REPRESENTATIVES

			January 3, 2008
			Ms. Bordallo
			 introduced the following bill

			January 15, 2008
			Referred to the Committee on Government
			 Reform

		A BILL
		To amend title 5, United States Code, to make certain
		  additional plans eligible to participate in the health benefits program under
		  chapter 89 of such title.

		1.Additional
			 plansSection 8903 of title 5,
			 United States Code, is amended by adding at the end the following:

				(5)Additional
				Plans
					(A)In
				generalOne or more plans (other than a Government-wide plan or
				an employee organization plan), which may be underwritten by carriers licensed
				in any number of States, offering one or more levels of benefits, under which
				payment is made by a carrier under contracts with physicians, hospitals, or
				other providers of health services for benefits of the types described by
				section 8904(5) of this title given to employees, annuitants, members of their
				families, former spouses, or persons having continued coverage under section
				8905a of this title, or, under certain conditions, payment is made by a carrier
				to the employee, annuitant, family member, former spouse, or person having
				continued coverage under section 8905a of this title.
					(B)State
				definedFor purposes of this paragraph, the term
				State means any of the several States, the District of Columbia,
				Guam, American Samoa, the Commonwealth of Puerto Rico, the United States Virgin
				Islands, and the Commonwealth of the Northern Mariana
				Islands.
					.
		2.Types of
			 benefitsSection 8904(a) of
			 title 5, United States Code, is amended by inserting after paragraph (4) the
			 following:

				(5)Additional
				PlansBenefits of the types named under paragraph (1) or (2) of
				this subsection or
				both.
				.
		3.Technical and
			 conforming amendmentsChapter
			 89 of title 5, United States Code, is amended—
			(1)in section 8902(n)
			 (in the matter before paragraph (1)), by striking (1), (2), or
			 (3) and inserting (1), (2), (3), or (5); and
			(2)in section 8904(a)
			 (in the matter after paragraph (4)), by striking (1) and (2) and
			 inserting (1), (2), and (5).