[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2586 Engrossed in House (EH)]
1st Session
H. R. 2586
_______________________________________________________________________
AN ACT
To provide for a temporary increase in the public debt limit, and for
other purposes.
104th CONGRESS
1st Session
H. R. 2586
_______________________________________________________________________
AN ACT
To provide for a temporary increase in the public debt limit, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TEMPORARY INCREASE IN PUBLIC DEBT LIMIT.
Subsection (b) of section 3101 of title 31, United States Code, is
amended by adding at the end the following new sentence: ``During the
period after the date of the enactment of this sentence, the preceding
sentence shall be applied by substituting for the dollar amount
contained therein--
``(1) `$4,950,000,000,000' for the portion of such period
before December 13, 1995, and
``(2) `$4,800,000,000,000' after December 12, 1995.''
SEC. 2. APPLICABILITY OF PUBLIC DEBT LIMIT TO FEDERAL TRUST FUNDS AND
OTHER FEDERAL ACCOUNTS.
(a) Protection of Federal Funds.--Notwithstanding any other
provision of law--
(1) no officer or employee of the United States may--
(A) delay the deposit of any amount into (or delay
the credit of any amount to) any Federal fund or
otherwise vary from the normal terms, procedures, or
timing for making such deposits or credits, or
(B) refrain from the investment in public debt
obligations of amounts in any Federal fund,
if a purpose of such action or inaction is to not increase the
amount of outstanding public debt obligations, and
(2) no officer or employee of the United States may
disinvest amounts in any Federal fund which are invested in
public debt obligations if a purpose of the disinvestment is to
reduce the amount of outstanding public debt obligations.
(b) Protection of Benefits and Expenditures for Administrative
Expenses.--
(1) In general.--Notwithstanding subsection (a), during any
period for which cash benefits or administrative expenses would
not otherwise be payable from a covered benefits fund by reason
of an inability to issue further public debt obligations
because of the applicable public debt limit, public debt
obligations held by such covered benefits fund shall be sold or
redeemed only for the purpose of making payment of such
benefits or administrative expenses and only to the extent cash
assets of the covered benefits fund are not available from
month to month for making payment of such benefits or
administrative expenses.
(2) Issuance of corresponding debt.--For purposes of
undertaking the sale or redemption of public debt obligations
held by a covered benefits fund pursuant to paragraph (1), the
Secretary of the Treasury may issue corresponding public debt
obligations to the public, in order to obtain the cash
necessary for payment of benefits or administrative expenses
from such covered benefits fund, notwithstanding the public debt limit.
(3) Advance notice of sale or redemption.--Not less than 3
days prior to the date on which, by reason of the public debt
limit, the Secretary of the Treasury expects to undertake a
sale or redemption authorized under paragraph (1), the
Secretary of the Treasury shall report to each House of the
Congress and to the Comptroller General of the United States
regarding the expected sale or redemption. Upon receipt of such
report, the Comptroller General shall review the extent of
compliance with subsection (a) and paragraphs (1) and (2) of
this subsection and shall issue such findings and
recommendations to each House of the Congress as the
Comptroller General considers necessary and appropriate.
(c) Public Debt Obligation.--For purposes of this section, the term
``public debt obligation'' means any obligation subject to the public
debt limit established under section 3101 of title 31, United States
Code.
(d) Federal Fund.--For purposes of this section, the term ``Federal
fund'' means any Federal trust fund or Government account established
pursuant to Federal law to which the Secretary of the Treasury has
issued or is expressly authorized by law directly to issue obligations
under chapter 31 of title 31, United States Code, in respect of public
money, money otherwise required to be deposited in the Treasury, or
amounts appropriated.
(e) Covered Benefits Fund.--For purposes of subsection (b), the
term ``covered benefits fund'' means any Federal fund from which cash
benefits are payable by law in the form of retirement benefits,
separation payments, life or disability insurance benefits, or
dependent's or survivor's benefits, including (but not limited to) the
following:
(1) the Federal Old-Age and Survivors Insurance Trust Fund;
(2) the Federal Disability Insurance Trust Fund;
(3) the Civil Service Retirement and Disability Fund;
(4) the Government Securities Investment Fund;
(5) the Department of Defense Military Retirement Fund;
(6) the Unemployment Trust Fund;
(7) each of the railroad retirement funds and accounts;
(8) the Department of Defense Education Benefits Fund and
the Post-Vietnam Era Veterans Education Fund; and
(9) the Black Lung Disability Trust Fund.
SEC. 3. CONFORMING AMENDMENTS.
Subsections (j), (k), and (l) of section 8348 of title 5, United
States Code, and subsections (g) and (h) of section 8438 of such title
are hereby repealed.
SEC. 4. COMMITMENT TO A SEVEN-YEAR BALANCED BUDGET.
(a) With the enactment of this Act the President and the
Congress commit to enacting legislation in calendar year 1995 to
achieve a balanced budget, as scored by the non-partisan Congressional
Budget Office, not later than the fiscal year 2002.
(b) The Congress affirms that it will not enact legislation
providing for a further increase in the permanent statutory limit on
the public debt unless the President signs into law the balanced budget
legislation referred to in subsection (a).
SEC. 5. MEDICARE COVERAGE OF CERTAIN ANTI-CANCER DRUG TREATMENTS.
(a) Coverage of Certain Self-Administered Anticancer Drugs.--
Section 1861(s)(2)(Q) of the Social Security Act (42 U.S.C.
1395x(s)(2)(Q)) is amended--
(1) by striking ``(Q)'' and inserting ``(Q)(i)''; and
(2) by striking the semicolon at the end and inserting ``,
and''; and
(3) by adding at the end the following:
``(ii) an oral drug (which is approved by the Federal Food and
Drug Administration) prescribed for use as an anticancer nonsteroidal
antiestrogen for the treatment of breast cancer or nonsteroidal
antiandrogen agent for the treatment of prostate cancer;''.
(b) Uniform Coverage of Anticancer Drugs in All Settings.--
Section 1861(t)(2)(A) of such Act (42 U.S.C. 1395x(t)(2)(A)) is amended
by adding (including a nonsteroidal antiestrogen or nonsteroidal
antiandrogen regimen)'' after ``regimen''.
(c) Conforming Amendment.--Section 1834(j)(5)(F)(iv) of such
Act (42 U.S.C. 1395m(j)(5)(F)(iv)) is amended by striking ``prescribed
for use'' and all that follows through ``1861(s)(2)(Q))'' and inserting
``described in section 1861(s)(2)(Q))''.
(d) Effective Date.--The amendments made by this section shall
apply to drugs furnished on or after the date of the enactment of this
section.
TITLE I--HABEAS CORPUS REFORM
SEC. 101. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) A 1-year period of limitation shall apply to an
application for a write of habeas corpus by a person in custody
pursuant to the judgment of a State court. The limitation period shall
run from the latest of--
``(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
``(B) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, if the
applicant was prevented from filing by such State action;
``(C) the date on which the constitutional right asserted
was initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
``(D) the date on which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of due diligence.
``(2) The time during which a properly filed application for State
post-conviction or other collateral review with respect to the
pertinent judgment or claim shall not be counted toward any period of
limitation under this subsection.''.
SEC. 102. APPEAL.
Section 2253 of title 28, United States Code, is amended to read as
follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under section
2255 before a district judge, the final order shall be subject to
review, on appeal, by the court of appeals for the circuit in which the
proceeding is held.
``(b) There shall be no right of appeal from a final order in a
proceeding to test the validity of a warrant to remove to another
district or place for commitment or trial a person charged with a
criminal offense against the United States, or to test the validity of
such person's detention pending removal proceedings.
``(c)(1) Unless a circuit justice or judge issues a certificate of
appealability, an appeal may not be taken to the court of appeals
from--
``(A) the final order in a habeas corpus proceeding in
which the detention complained of arises out of process issued
by a State court; or
``(B) the final order in a proceeding under section 2255.
``(2) A certificate of appealability may issue under paragraph (1)
only if the applicant has made a substantial showing of the denial of a
constitutional right.
``(3) The certificate of appealability under paragraph (1) shall
indicate which specific issue or issues satisfy the showing required by
paragraph (2).''.
SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure is amended to
read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
``(a) Application for the Original Writ.--An application for a writ
of habeas corpus shall be made to the appropriate district court. If
application is made to a circuit judge, the application shall be
transferred to the appropriate district court. If an application is
made to or transferred to the district court and denied, renewal of the
application before a circuit judge shall not be permitted. The
applicant may, pursuant to section 2253 of title 28, United States
Code, appeal to the appropriate court of appeals from the order of the
district court denying the writ.
``(b) Certificate of Appealability.--In a habeas corpus proceeding
in which the detention complained of arises out of process issued by a
State court, an appeal by the applicant for the writ may not proceed
unless a district or a circuit judge issues a certificate of
appealability pursuant to section 2253(c) of title 28, United States
Code. If an appeal is taken by the applicant, the district judge who
rendered the judgment shall either issue a certificate of appealability
or state the reasons why such a certificate should not issue. The
certificate or the statement shall be forwarded to the court of appeals
with the notice of appeal and the file of the proceedings in the
district court. If the district judge has denied the certificate, the
applicant for the writ may then request issuance of the certificate by
a circuit judge. If such a request is addressed to the court of
appeals, it shall be deemed addressed to the judges thereof and shall
be considered by a circuit judge or judges as the court deems
appropriate. If no express request for a certificate is filed, the
notice of appeal shall be deemed to constitute a request addressed to
the judges of the court of appeals. If an appeal is taken by a State or
its representative, a certificate of appealability is not required.''.
SEC. 104. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted unless it appears that--
``(A) the applicant has exhausted the remedies available in
the courts of the State; or
``(B)(i) there is an absence of available State corrective
process; or
``(ii) circumstances exist that render such process
ineffective to protect the rights of the applicant.
``(2) An application for a writ of habeas corpus may be denied on
the merits, notwithstanding the failure of the applicant to exhaust the
remedies available in the courts of the State.
``(3) A State shall not be deemed to have waived the exhaustion
requirement or be estopped from reliance upon the requirement unless
the State, through counsel, expressly waives the requirement.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted with respect to any claim that was adjudicated on the merits
in State court proceedings unless the adjudication of the claim--
``(1) resulted in a decision that was contrary to, or
involved an unreasonable application of, clearly established
Federal law, as determined by the Supreme Court of the United
States; or
``(2) resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.'';
(4) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) In a proceeding instituted by an application for a writ of
habeas corpus by a person in custody pursuant to the judgment of a
State court, a determination of a factual issue made by a State court
shall be presumed to be correct. The applicant shall have the burden of
rebutting the presumption of correctness by clear and convincing
evidence.
``(2) If the applicant has failed to develop the factual basis of a
claim in State court proceedings, the court shall not hold an
evidentiary hearing on the claim unless the applicant shows that--
``(A) the claim relies on--
``(i) a new rule of constitutional law, made
retroactive to cases on collateral review by the
Supreme Court, that was previously unavailable; or
``(ii) a factual predicate that could not have been
previously discovered through the exercise of due
diligence; and
``(B) the facts underlying the claim would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable factfinder would have found
the applicant guilty of the underlying offense.''; and
(5) by adding at the end the following new subsections:
``(h) Except as provided in title 21, United States Code, section
848, in all proceedings brought under this section, and any subsequent
proceedings on review, the court may appoint counsel for an applicant
who is or becomes financially unable to afford counsel, except as
provided by a rule promulgated by the Supreme Court pursuant to
statutory authority. Appointment of counsel under this section shall be
governed by section 3006A of title 18.
``(i) The ineffectiveness or incompetence of counsel during Federal
or State collateral post-conviction proceedings shall not be a ground
for relief in a proceeding arising under section 2254.''.
SEC. 105. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth undesignated
paragraphs; and
(2) by adding at the end the following new undesignated
paragraphs:
``A 1-year period of limitation shall apply to a motion under this
section. The limitation period shall run from the latest of--
``(1) the date on which the judgment of conviction becomes
final;
``(2) the date on which the impediment to making a motion
created by governmental action in violation of the Constitution
or laws of the United States is removed, if the movant was
prevented from making a motion by such governmental action;
``(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
``(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the
exercise of due diligence.
``Except as provided in title 21, United States Code, section 848,
in all proceedings brought under this section, and any subsequent
proceedings on review, the court may appoint counsel for a movant who
is or becomes financially unable to afford counsel shall be in the
discretion of the court, except as provided by a rule promulgated by
the Supreme Court pursuant to statutory authority. Appointment of
counsel under this section shall be governed by section 3006A of title
18.
``A second or successive motion must be certified as provided in
section 2244 by a panel of the appropriate court of appeals to
contain--
``(1) newly discovered evidence that, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that no reasonable
factfinder would have found the movant guilty of the offense;
or
``(2) a new rule of constitutional law, made retroactive to
cases on collateral review by the Supreme Court, that was
previously unavailable.''.
SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.
(a) Conforming Amendment to Section 2244(a).--Section 2244(a) of
title 28, United States Code, is amended by striking ``and the
petition'' and all that follows through ``by such inquiry.'' and
inserting ``, except as provided in section 2255.''.
(b) Limits on Second or Successive Applications.--Section 2244(b)
of title 28, United States Code, is amended to read as follows:
``(b)(1) A claim presented in a second or successive habeas corpus
application under section 2254 that was presented in a prior
application shall be dismissed.
``(2) A claim presented in a second or successive habeas corpus
application under section 2254 that was not presented in a prior
application shall be dismissed unless--
``(A) the applicant shows that the claim relies on a new
rule of constitutional law, made retroactive to cases on
collateral review by the Supreme Court, that was previously
unavailable; or
``(B)(i) the factual predicate for the claim could not have
been discovered previously through the exercise of due
diligence; and
``(ii) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would have found
the applicant guilty of the underlying offense.
``(3)(A) Before a second or successive application permitted by
this section is filed in the district court, the applicant shall move
in the appropriate court of appeals for an order authorizing the
district court to consider the application.
``(B) A motion in the court of appeals for an order authorizing the
district court to consider a second or successive application shall be
determined by a three-judge panel of the court of appeals.
``(C) The court of appeals may authorize the filing of a second or
successive application only if it determines that the application makes
a prima facie showing that the application satisfies the requirements
of this subsection.
``(D) The court of appeals shall grant or deny the authorization to
file a second or successive application not later than 30 days after
the filing of the motion.
``(E) The grant or denial of an authorization by a court of appeals
to file a second or successive application shall not be appealable and
shall not be the subject of a petition for rehearing or for a writ of
certiorari.
``(4) A district court shall dismiss any claim presented in a
second or successive application that the court of appeals has
authorized to be filed unless the applicant shows that the claim
satisfies the requirements of this section.''.
SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.
(a) Addition of Chapter to Title 28, United States Code.--Title 28,
United States Code, is amended by inserting after chapter 153 the
following new chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule
of court or statute; procedures for
appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling
rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment
``(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b) and
(c) are satisfied.
``(b) This chapter is applicable if a State establishes by statute,
rule of its court of last resort, or by another agency authorized by
State law, a mechanism for the appointment, compensation, and payment
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital
convictions and sentences have been upheld on direct appeal to the
court of last resort in the State or have otherwise become final for
State law purposes. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must provide
for the entry of an order by a court of record--
``(1) appointing one or more counsels to represent the
prisoner upon a finding that the prisoner is indigent and
accepted the offer or is unable competently to decide whether
to accept or reject the offer;
``(2) finding, after a hearing if necessary, that the
prisoner rejected the offer of counsel and made the decision
with an understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding
that the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(e) The ineffectiveness or incompetence of counsel during State
or Federal post-conviction proceedings in a capital case shall not be a
ground for relief in a proceeding arising under section 2254. This
limitation shall not preclude the appointment of different counsel, on
the court's own motion or at the request of the prisoner, at any phase
of State or Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order under section 2261(c), a warrant or order setting an execution
date for a State prisoner shall be stayed upon application to any court
that would have jurisdiction over any proceedings filed under section
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled
execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus
application under section 2254 within the time required in
section 2263;
``(2) before a court of competent jurisdiction, in the
presence of counsel, unless the prisoner has competently and
knowingly waived such counsel, and after having been advised of
the consequences, a State prisoner under capital sentence
waives the right to pursue habeas corpus review under section
2254; or
``(3) a State prisoner files a habeas corpus petition under
section 2254 within the time required by section 2263 and fails
to make a substantial showing of the denial of a Federal right
or is denied relief in the district court or at any subsequent
stage of review.
``(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution in the case, unless the court of appeals approves the filing
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements;
tolling rules
``(a) Any application under this chapter for habeas corpus relief
under section 2254 must be filed in the appropriate district court not
later than 180 days after final State court affirmance of the
conviction and sentence on direct review or the expiration of the time
for seeking such review.
``(b) The time requirements established by subsection (a) shall be
tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of the
petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
``(2) from the date on which the first petition for post-
conviction review or other collateral relief is filed until the
final State court disposition of such petition; and
``(3) during an additional period not to exceed 30 days,
if--
``(A) a motion for an extension of time is filed in
the Federal district court that would have jurisdiction
over the case upon the filing of a habeas corpus
application under section 2254; and
``(B) a showing of good cause is made for the
failure to file the habeas corpus application within
the time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
``(a) Whenever a State prisoner under capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court shall only consider a claim or claims that have been
raised and decided on the merits in the State courts, unless the
failure to raise the claim properly is--
``(1) the result of State action in violation of the
Constitution or laws of the United States;
``(2) the result of the Supreme Court recognition of a new
Federal right that is made retroactively applicable; or
``(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal post-conviction review.
``(b) Following review subject to subsections (a), (d), and (e) of
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review' procedure
means a State procedure that authorizes a person under sentence of
death to raise, in the course of direct review of the judgment, such
claims as could be raised on collateral attack. This chapter shall
apply, as provided in this section, in relation to a State unitary
review procedure if the State establishes by rule of its court of last
resort or by statute a mechanism for the appointment, compensation, and
payment of reasonable litigation expenses of competent counsel in the
unitary review proceedings, including expenses relating to the
litigation of collateral claims in the proceedings. The rule of court
or statute must provide standards of competency for the appointment of
such counsel.
``(b) To qualify under this section, a unitary review procedure
must include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as provided in
section 2261(c), concerning appointment of counsel or waiver or denial
of appointment of counsel for that purpose. No counsel appointed to
represent the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for which the
appointment is made unless the prisoner and counsel expressly request
continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation
to cases involving a sentence of death from any State having a unitary
review procedure that qualifies under this section. References to State
`post-conviction review' and `direct review' in such sections shall be
understood as referring to unitary review under the State procedure.
The reference in section 2262(a) to `an order under section 2261(c)'
shall be understood as referring to the post-trial order under
subsection (b) concerning representation in the unitary review
proceedings, but if a transcript of the trial proceedings is
unavailable at the time of the filing of such an order in the
appropriate State court, then the start of the 180-day limitation
period under section 2263 shall be deferred until a transcript is made
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and
motions
``(a) The adjudication of any application under section 2254 that
is subject to this chapter, and the adjudication of any motion under
section 2255 by a person under sentence of death, shall be given
priority by the district court and by the court of appeals over all
noncapital matters.
``(b)(1)(A) A district court shall render a final determination and
enter a final judgment on any application for a writ of habeas corpus
brought under this chapter in a capital case not later than 180 days
after the date on which the application is filed.
``(B) A district court shall afford the parties at least 120 days
in which to complete all actions, including the preparation of all
pleadings and briefs, and if necessary, a hearing, prior to the
submission of the case for decision.
``(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in subparagraph
(A), the rendering of a determination of an application for a writ of
habeas corpus if the court issues a written order making a finding, and
stating the reasons for the finding, that the ends of justice that
would be served by allowing the delay outweigh the best interests of
the public and the applicant in a speedy disposition of the
application.
``(ii) The factors, among others, that a court shall consider in
determining whether a delay in the disposition of an application is
warranted are as follows:
``(I) Whether the failure to allow the delay would be
likely to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so complex, due to
the number of defendants, the nature of the prosecution, or the
existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
``(III) Whether the failure to allow a delay in a case,
that, taken as a whole, is not so unusual or so complex as
described in subclause (II), but would otherwise deny the
applicant reasonable time to obtain counsel, would unreasonably
deny the applicant or the government continuity of counsel, or
would deny counsel for the applicant or the government the
reasonable time necessary for effective preparation, taking
into account the exercise of due diligence.
``(iii) No delay in disposition shall be permissible because of
general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued under
clause (i) to the Director of the Administrative Office of the United
States Courts for inclusion in the report under paragraph (5).
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus following a remand by the court of appeals or the
Supreme Court for further proceedings, in which case the
limitation period shall run from the date the remand is
ordered.
``(3)(A) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
``(B) No amendment to an application for a writ of habeas corpus
under this chapter shall be permitted after the filing of the answer to
the application, except on the grounds specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
petitioning for a writ of mandamus to the court of appeals. The court
of appeals shall act on the petition for a writ or mandamus not later
than 30 days after the filing of the petition.
``(5)(A) The Administrative Office of United States Courts shall
submit to Congress an annual report on the compliance by the district
courts with the time limitations under this section.
``(B) The report described in subparagraph (A) shall include copies
of the orders submitted by the district courts under paragraph
(1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a final
determination of any appeal of an order granting or denying, in whole
or in part, an application brought under this chapter in a capital case
not later than 120 days after the date on which the reply brief is
filed, or if no reply brief is filed, not later than 120 days after the
date on which the answering brief is filed.
``(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc not later
than 30 days after the date on which the petition for rehearing is
filed unless a responsive pleading is required, in which case the court
shall decide whether to grant the petition not later than 30 days after
the date on which the responsive pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is granted,
the court of appeals shall hear and render a final determination of the
appeal not later than 120 days after the date on which the order
granting rehearing or rehearing en banc is entered.
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus or related appeal following a remand by the court
of appeals en banc or the Supreme Court for further
proceedings, in which case the limitation period shall run from
the date the remand is ordered.
``(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
applying for a writ of mandamus to the Supreme Court.
``(5) The Administrative Office of United States Courts shall
submit to Congress an annual report on the compliance by the courts of
appeals with the time limitations under this section.''.
(b) Technical Amendment.--The part analysis for part IV of title
28, United States Code, is amended by adding after the item relating to
chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases.... 2261.''.
(c) Effective Date.--Chapter 154 of title 28, United States Code
(as added by subsection (a)) shall apply to cases pending on or after
the date of enactment of this Act.
SEC. 108. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q))
is amended by amending paragraph (9) to read as follows:
``(9) Upon a finding that investigative, expert, or other services
are reasonably necessary for the representation of the defendant,
whether in connection with issues relating to guilt or the sentence,
the court may authorize the defendant's attorneys to obtain such
services on behalf of the defendant and, if so authorized, shall order
the payment of fees and expenses therefor under paragraph (10). No ex
parte proceeding, communication, or request may be considered pursuant
to this section unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request shall
be transcribed and made a part of the record available for appellate
review.''.
SEC. 109. SEVERABILITY.
If any provision of this title, an amendment made by this
title, or the application of such provision or amendment to any person
or circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of the
provisions of such to any person or circumstances shall not be affected
thereby.
TITLE II--ABOLISHMENT OF DEPARTMENT OF COMMERCE
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Department of Commerce Dismantling
Act''.
SEC. 2002. TABLE OF CONTENTS.
The table of contents for this title is as follows:
TITLE II--ABOLISHMENT OF DEPARTMENT OF COMMERCE
Sec. 2001. Short title.
Sec. 2002. Table of contents.
Subtitle A--Abolishment of Department of Commerce
Sec. 2101. Abolishment of Department of Commerce.
Sec. 2102. Resolution and termination of Department functions.
Sec. 2103. Responsibilities of the Director of the Office of Management
and Budget.
Sec. 2104. Personnel.
Sec. 2105. Plans and reports.
Sec. 2106. GAO audit and access to records.
Sec. 2107. Conforming amendments.
Sec. 2108. Privatization framework.
Sec. 2109. Priority placement programs for Federal employees affected
by a reduction in force attributable to
this title.
Sec. 2110. Funding reductions for transferred functions.
Sec. 2111. Definitions.
Subtitle B--Disposition of Various Programs, Functions, and Agencies of
Department of Commerce
Sec. 2201. Abolishment of Economic Development Administration and
transfer of functions.
Sec. 2202. Technology Administration.
Sec. 2203. Reorganization of the Bureau of the Census and the Bureau of
Economic Analysis.
Sec. 2204. Terminated functions of NTIA.
Sec. 2205. National Oceanic and Atmospheric Administration.
Sec. 2206. National Scientific, Oceanic, and Atmospheric
Administration.
Sec. 2207. Miscellaneous terminations; moratorium on program
activities.
Sec. 2208. Effective date.
Subtitle C--Office of United States Trade Representative
Chapter 1--General Provisions
Sec. 2301. Definitions.
Chapter 2--Offsubchapter a--establishmentRepresentative
Sec. 2311. Establishment of the Office.
Sec. 2312. Functions of tsubchapter b--officers
Sec. 2321. Deputy Administrator of the Office.
Sec. 2322. Deputy United States Trade Representatives.
Sec. 2323. Assistant administrators.
Sec. 2324. Director General for Export Promotion.
Sec. 2325. General Counsel.
Sec. 2326. Inspector General.
Sec. 2327. Chief subchapter c--transfers to the office
Sec. 2331. Office of the United States Trade Representative.
Sec. 2332. Transfers from the Department of Commerce.
Sec. 2333. Trade and Development Agency.
Sec. 2334. Export-Import Bank.
Sec. 2335. Overseas Private Investment Corporation.
Sec. 2336. Consolidation of export promotion and financing activities.
Sec. 2337. Additsubchapter d--administrative provisions
Sec. 2341. Personnel provisions.
Sec. 2342. Delegation and assignment.
Sec. 2343. Succession.
Sec. 2344. Reorganization.
Sec. 2345. Rules.
Sec. 2346. Funds transfer.
Sec. 2347. Contracts, grants, and cooperative agreements.
Sec. 2348. Use of facilities.
Sec. 2349. Gifts and bequests.
Sec. 2350. Working capital fund.
Sec. 2351. Service charges.
Sec. 2352. Seal of ofsubchapter e--related agencies
Sec. 2361. Interagency Trade Organization.
Sec. 2362. National Security Council.
Sec. 2363. Internasubchapter f--conforming amendments
Sec. 2371. Amendments to general provisions.
Sec. 2372. Repeals.
Sec. 2373. Conforming amendments relating to Executive Schedule
subchapter g--miscellaneous
Sec. 2381. Effective date.
Sec. 2382. Interim appointments.
Sec. 2383. Funding reductions resulting from reorganization.
Subtitle D--Patent and Trademark Office Corporation
Sec. 2401. Short title.
Chapter 1--Patent And Trademark Office
Sec. 2411. Establishment of Patent and Trademark Office as a
Corporation.
Sec. 2412. Powers and duties.
Sec. 2413. Organization and management.
Sec. 2414. Management Advisory Board.
Sec. 2415. Independence from Department of Commerce.
Sec. 2416. Trademark Trial and Appeal Board.
Sec. 2417. Board of Patent Appeals and Interferences.
Sec. 2418. Suits by and against the Corporation.
Sec. 2419. Annual report of Commissioner.
Sec. 2420. Suspension or exclusion from practice.
Sec. 2421. Funding.
Sec. 2422. Audits.
Sec. 2423. Transfers.
Chapter 2--Effective Date; Technical Amendments
Sec. 2431. Effective date.
Sec. 2432. Technical and conforming amendments.
Subtitle E--Miscellaneous Provisions
Sec. 2501. References.
Sec. 2502. Exercise of authorities.
Sec. 2503. Savings provisions.
Sec. 2504. Transfer of assets.
Sec. 2505. Delegation and assignment.
Sec. 2506. Authority of Director of the Office of Management and Budget
with respect to functions transferred.
Sec. 2507. Certain vesting of functions considered transfers.
Sec. 2508. Availability of existing funds.
Sec. 2509. Definitions.
Subtitle F--Citizens Commission on 21st Century Government
Sec. 2601. Short title and purpose.
Sec. 2602. Citizens Commission on 21st Century Government.
Sec. 2603. Department and agency cooperation.
Sec. 2604. Hearings.
Sec. 2605. Commission procedures.
Sec. 2606. Framework for the Federal Government in the 21st century.
Sec. 2607. Proposal for reorganizing the executive branch.
Sec. 2608. Procedures for making recommendations.
Sec. 2609. Congressional consideration of reform proposals.
Sec. 2610. Distribution of assets.
Sec. 2611. Agency defined.
Subtitle A--Abolishment of Department of Commerce
SEC. 2101. ABOLISHMENT OF DEPARTMENT OF COMMERCE.
(a) Abolishment of Department.--The Department of Commerce is
abolished effective on the abolishment date specified in subsection
(c).
(b) Transfer of Department Functions to OMB.--Except as otherwise
provided in this title, all functions that immediately before the
abolishment date specified in subsection (c) are authorized to be
performed by the Secretary of Commerce, any other officer or employee
of the Department acting in that capacity, or any agency or office of
the Department, are transferred to the Director of the Office of
Management and Budget effective on that abolishment date.
(c) Abolishment Date.--The abolishment date referred to in
subsections (a) and (b) is the earlier of--
(1) the last day of the 6-month period beginning on the
date of the enactment of this Act; or
(2) September 30, 1996.
SEC. 2102. RESOLUTION AND TERMINATION OF DEPARTMENT FUNCTIONS.
(a) Resolution of Functions.--During the period beginning on the
date of enactment of this Act and ending on the functions termination
date specified in subsection (c)--
(1) the disposition and resolution of functions of the
Department of Commerce shall be completed in accordance with
this title; and
(2) the Director shall resolve all functions that are
transferred to the Director under section 2101(b) and are not
otherwise continued under this title.
(b) Termination of Functions.--All functions that are transferred
to the Director under section 2101(b) that are not otherwise continued
by this title shall terminate on the functions termination date
specified in subsection (c).
(c) Functions Termination Date.--The functions termination date
referred to in subsections (a) and (b) is the last day of the 3-year
period beginning on the date of the enactment of this Act.
SEC. 2103. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT
AND BUDGET.
(a) In General.--The Director of the Office of Management and
Budget shall be responsible for the implementation of this subtitle,
including--
(1) the administration and wind-up, during the wind-up
period, of all functions transferred to the Director under
section 2101(b);
(2) the administration and wind-up, during the wind-up
period, of any outstanding obligations of the Federal
Government under any programs terminated by this title; and
(3) taking such other actions as may be necessary to wind-
up any outstanding affairs of the Department of Commerce before
the end of the wind-up period.
(b) Delegation of Functions.--The Director may delegate to any
officer of the Office of Management and Budget or to any other Federal
department or agency head the performance of the Director's functions
under this subtitle, except the Director's planning and reporting
responsibilities under section 2105, to the extent that the Director
determines that such delegation would further the purposes of this
subtitle.
(c) Transfer of Assets and Personnel.--In connection with any
delegation of functions under subsection (b), the Director may transfer
within the Office or to the department or agency concerned such assets,
funds, personnel, records, and other property relating to the delegated
function as the Director determines to be appropriate.
(d) Authorities of the Director.--For purposes of performing the
functions of the Director under this subtitle and subject to the
availability of appropriations, the Director may--
(1) enter into contracts;
(2) employ experts and consultants in accordance with
section 3109 of title 5, United States Code, at rates for
individuals not to exceed the per diem rate equivalent to the
rate for level IV of the Executive Schedule; and
(3) utilize, on a reimbursable basis, the services,
facilities, and personnel of other Federal agencies.
SEC. 2104. PERSONNEL.
Effective on the abolishment date specified in section 2101(c),
there are transferred to the Office all individuals who--
(1) immediately before the abolishment date, were officers
or employees of the Department of Commerce; and
(2) in their capacity as such an officer or employee,
performed functions that are transferred to the Director under
section 2101(b).
SEC. 2105. PLANS AND REPORTS.
(a) Initial Implementation Plan.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director shall submit a report,
through the President, to the Congress specifying those actions
taken and necessary to be taken--
(A) to resolve those programs and functions
terminated on the date of enactment of this Act; and
(B) to implement the additional transfers and other
program dispositions provided for in this title.
(2) Contents.--The report shall include--
(A) recommendations for additional legislation, if
any, needed to reflect or otherwise to implement the
abolishments, transfers, terminations, and other
dispositions of programs and functions under this
title; and
(B) a description of actions planned and taken to
comply with limitations imposed by this Act on future
spending for continued functions.
(b) Annual Status Reports.--At the end of each of the first,
second, and third years following the date of enactment of this Act,
the Director shall submit a report, through the President, to the
Congress which--
(1) specifies the status and progress of actions taken to
implement this title and to wind-up the affairs of the
Department of Commerce by the functions termination date
specified in section 2102(c);
(2) includes any recommendations the Director may have for
additional legislation; and
(3) describes actions taken to comply with limitations
imposed by this Act on future spending for continued functions.
(c) GAO Reports.--Not later than 60 days after issuance of each
report under subsections (a) and (b), the Comptroller General of the
United States shall submit to the Congress a report which--
(1) evaluates the report under that subsection; and
(2) includes any recommendations the Comptroller General
considers appropriate.
SEC. 2106. GAO AUDIT AND ACCESS TO RECORDS.
(a) Audit of Persons Performing Functions Pursuant to This Act.--
All agencies, corporations, organizations, and other persons of any
description which under the authority of the United States perform any
function or activity pursuant to this title shall be subject to audit
by the Comptroller General of the United States with respect to such
function or activity.
(b) Audit of Persons Providing Certain Goods or Services.--All
persons and organizations which, by contract, grant, or otherwise,
provide goods or services to, or receive financial assistance from, any
agency or other person performing functions or activities under or
referred to by this title shall be subject to audit by the Comptroller
General of the United States with respect to such provision of goods or
services or receipt of financial assistance.
(c) Provisions Applicable to audits Under This Section.--
(1) Nature and scope of audit.--The Comptroller General of
the United States shall determine the nature, scope, terms, and
conditions of audits conducted under this section.
(2) Coordination with other provisions of law.--The
authority of the Comptroller General of the United States under
this section shall be in addition to any audit authority
available to the Comptroller General under other provisions of
this title or any other law.
(3) Rights of access, examination, and copying.--The
Comptroller General of the United States, and any duly
authorized representative of the Comptroller General, shall
have access to, and the right to examine and copy, all records
and other recorded information in any form, and to examine any
property within the possession or control of any agency or
person which is subject to audit under this section, which the
Comptroller General considers relevant to an audit conducted
under this section.
(4) Enforcement of right of access.--The right of access of
the Comptroller General of the United States to information
under this section shall be enforceable under section 716 of
title 31, United States Code.
(5) Maintenance of confidential records.--Section 716(e) of
title 31, United States Code, shall apply to information
obtained by the Comptroller General under this section.
SEC. 2107. CONFORMING AMENDMENTS.
(a) Presidential Succession.--Section 19(d)(1) of title 3, United
States Code, is amended by striking ``Secretary of Commerce,''.
(b) Executive Departments.--Section 101 of title 5, United States
Code, is amended by striking the following item: ``The Department of
Commerce.''.
(c) Secretary's Compensation.--Section 5312 of title 5, United
States Code, is amended by striking the following item: ``Secretary of
Commerce.''.
(d) Compensation for Positions at Level III.--Section 5314 of title
5, United States Code, is amended--
(1) by striking the following item:
``Under Secretary of Commerce, Under Secretary of Commerce for
Economic Affairs, Under Secretary of Commerce for Export Administration
and Under Secretary of Commerce for Travel and Tourism.'';
(2) by striking the following item:
``Under Secretary of Commerce for Oceans and Atmosphere, the
incumbent of which also serves as Administrator of the National Oceanic
and Atmospheric Administration.''; and
(3) by striking the following item:
``Under Secretary of Commerce for Technology.''.
(e) Compensation for Positions at Level IV.--Section 5315 of title
5, United States Code, is amended--
(1) by striking the following item:
``Assistant Secretaries of Commerce (11).'';
(2) by striking the following item:
``General Counsel of the Department of Commerce.'';
(3) by striking the following item:
``Assistant Secretary of Commerce for Oceans and Atmosphere, the
incumbent of which also serves as Deputy Administrator of the National
Oceanic and Atmospheric Administration.'';
(4) by striking the following item:
``Director, National Institute of Standards and Technology,
Department of Commerce.'';
(5) by striking the following item:
``Inspector General, Department of Commerce.'';
(6) by striking the following item:
``Chief Financial Officer, Department of Commerce.''; and
(7) in the item relating to the Bureau of the Census, by
striking ``, Department of Commerce''.
(f) Compensation for Positions at Level V.--Section 5316 of title
5, United States Code, is amended--
(1) by striking the following item:
``Director, United States Travel Service, Department of
Commerce.''; and
(2) by striking the following item:
``National Export Expansion Coordinator, Department of Commerce.''.
(g) Inspector General Act of 1978.--The Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in section 9(a)(1), by striking subparagraph (B);
(2) in section 11(1), by striking ``Commerce,''; and
(3) in section 11(2), by striking ``Commerce,''.
(h) Effective Date.--The amendments made by this section shall be
effective on the abolishment date specified in section 2101(c).
SEC. 2108. PRIVATIZATION FRAMEWORK.
(a) In General.--The Office of Management and Budget shall
privatize each function designated for privatization under subtitle B
within 18 months of the date of the transfer of such function to the
Office. The Office shall pursue such forms of privatization
arrangements as the Office considers appropriate to best serve the
interests of the United States. If the Office is unable to privatize a
function within 18 months, the Office shall report its inability to the
Congress with its recommendations as to the appropriate disposition of
the function and its assets.
(b) Role of the Federal Government.--No privatization arrangement
made under subsection (a) shall include any future role for, or
accountability to, the Federal Government unless it is necessary to
assure the continued accomplishment of a specific Federal objective.
The Federal role should be the minimum necessary to accomplish Federal
objectives.
(c) Assets.--In privatizing a function, the Office of Management
and Budget shall take any action necessary to preserve the value of the
assets of a function during the period the Office holds such assets and
to continue the performance of the function to the extent necessary to
preserve the value of the assets or to accomplish core Federal
objectives.
SEC. 2109. PRIORITY PLACEMENT PROGRAMS FOR FEDERAL EMPLOYEES AFFECTED
BY A REDUCTION IN FORCE ATTRIBUTABLE TO THIS TITLE.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 3329b. Priority placement programs for employees affected by a
reduction in force attributable to the Department of
Commerce Dismantling Act
``(a)(1) For the purpose of this section, the term `affected
agency'--
``(A) except as provided in subparagraph (B), means an
Executive agency to which personnel are transferred in
connection with a transfer of function under the Department of
Commerce Dismantling Act, and
``(B) with respect to employees of the Department of
Commerce in general administration, the Inspector General's
office, or the General Counsel's office, or who provided
overhead support to other components of the Department on a
reimbursable basis, means all agencies to which functions of
those employees are transferred under the Department of
Commerce Dismantling Act.
``(2) This section applies with respect to any reduction in force
that--
``(A) occurs within 12 months after the date of the
enactment of this section; and
``(B) is due to--
``(i) the termination of any function of the
Department of Commerce; or
``(ii) the agency's having excess personnel as a
result of a transfer of function described in paragraph
(1), as determined by--
``(I) the Director of the Office of
Management and Budget, in the case of a
function transferred to the Office of
Management and Budget; or
``(II) the head of the agency, in the case
of any other function.
``(b) As soon as practicable after the date of the enactment of
this section, each affected agency shall establish an agencywide
priority placement program to facilitate employment placement for
employees who--
``(1) are scheduled to be separated from service due to a
reduction in force described in subsection (a)(2); or
``(2) are separated from service due to such a reduction in
force.
``(c)(1) Each agencywide priority placement program shall include
provisions under which a vacant position shall not be filled by the
appointment or transfer of any individual from outside of that agency
if--
``(A) there is then available any individual described in
paragraph (2) who is qualified for the position; and
``(B) the position--
``(i) is at the same grade (or pay level) or not
more than 1 grade (or pay level) below that of the
position last held by such individual before placement
in the new position; and
``(ii) is within the same commuting area as the
individual's last-held position (as referred to in
clause (i)) or residence.
``(2) For purposes of an agencywide priority placement program, an
individual shall be considered to be described in this paragraph if
such individual's most recent performance evaluation was at least fully
successful (or the equivalent), and such individual is either--
``(A) an employee of such agency who is scheduled to be
separated, as described in subsection (b)(1); or
``(B) an individual who became a former employee of such
agency as a result of a separation, as described in subsection
(b)(2).
``(d)(1) Nothing in this section shall affect any priority
placement program of the Department of Defense which is in operation as
of the date of the enactment of this section.
``(2) Nothing in this section shall impair placement programs
within agencies subject to reductions in force resulting from causes
other than the Department of Commerce Dismantling Act.
``(e) An individual shall cease to be eligible to participate in a
program under this section on the earlier of--
``(1) the conclusion of the 12-month period beginning on
the date on which that individual first became eligible to
participate under subsection (c)(2); or
``(2) the date on which the individual declines a bona fide
offer (or if the individual does not act on the offer, the last
day for accepting such offer) from the affected agency of a
position described in subsection (c)(1)(B).''.
(b) Technical and Conforming Amendments.--(1) Title 5, United
States Code, is amended by redesignating the second section which is
designated as section 3329 as section 3329a.
(2) The table of sections for chapter 33 of title 5, United States
Code, is amended by striking the item relating to the second section
which is designated as section 3329 and inserting the following:
``3329a. Government-wide list of vacant positions.
``3329b. Priority placement programs for employees affected by a
reduction in force attributable to the
Department of Commerce Dismantling Act.''.
SEC. 2110. FUNDING REDUCTIONS FOR TRANSFERRED FUNCTIONS.
(a) Funding Reductions.--Except as provided in subsection (b), the
total amount obligated or expended by the United States in performing
functions transferred under this title to the Director or to the Office
from the Department of Commerce, or any of its officers or components,
shall not exceed--
(1) for the first fiscal year that begins after the
abolishment date specified in section 2101(c), 75 percent of
the total amount appropriated to the Department of Commerce for
the performance of such functions in fiscal year 1995; and
(2) for the second fiscal year that begins after the
abolishment date specified in section 2101(c) and for each
fiscal year thereafter, 65 percent of the total amount
appropriated to the Department of Commerce for the performance
of such functions in fiscal year 1995.
(b) Exception.--Subsection (a) shall not apply to obligations or
expenditures incurred as a direct consequence of the termination,
transfer, or other disposition of functions described in subsection (a)
pursuant to this title.
(c) Rule of Construction.--This section shall take precedence over
any other provision of law unless such provision explicitly refers to
this section and makes an exception to it.
(d) Responsibilities of the Director.--The Director shall--
(1) ensure compliance with the requirements of this
section; and
(2) include in each report under sections 2105(a) and (b) a
description of actions taken to comply with such requirements.
SEC. 2111. DEFINITIONS.
For purposes of this subtitle, the following definitions apply:
(1) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(2) Office.--The term ``Office'' means the Office of
Management and Budget.
(3) Wind-up period.--The term ``wind-up period'' means the
period beginning on the date of the enactment of this Act and
ending on the functions termination date specified in section
2102(c).
Subtitle B--Disposition of Various Programs, Functions, and Agencies of
Department of Commerce
SEC. 2201. ABOLISHMENT OF ECONOMIC DEVELOPMENT ADMINISTRATION AND
TRANSFER OF FUNCTIONS.
(a) In General.--The Public Works and Economic Development Act of
1965 (40 U.S.C. 3131 et seq.) is amended by striking all after the
first section and inserting the following:
``SEC. 2. ADMINISTRATOR DEFINED.
``In this Act, the term `Administrator' means the Administrator of
the Small Business Administration.
``TITLE I--STATEMENT OF PURPOSE
``SEC. 101. FINDINGS AND DECLARATION.
``(a) Findings.--Congress finds that--
``(1) the maintenance of the national economy at a high
level is vital to the best interests of the United States, but
that some of our regions, counties, and communities are
suffering substantial and persistent unemployment and
underemployment that cause hardship to many individuals and
their families, and waste invaluable human resources;
``(2) to overcome this problem the Federal Government, in
cooperation with the States, should help areas and regions of
substantial and persistent unemployment and underemployment to
take effective steps in planning and financing their public
works and economic development;
``(3) Federal financial assistance, including grants for
public works and development facilities to communities,
industries, enterprises, and individuals in areas needing
development should enable such areas to help themselves achieve
lasting improvement and enhance the domestic prosperity by the
establishment of stable and diversified local economies and
improved local conditions, if such assistance is preceded by
and consistent with sound, long-range economic planning; and
``(4) under the provisions of this Act, new employment
opportunities should be created by developing and expanding new
and existing public works and other facilities and resources
rather than by merely transferring jobs from one area of the
United States to another.
``(b) Declaration.--Congress declares that, in furtherance of
maintaining the national economy at a high level--
``(1) the assistance authorized by this Act should be made
available to both rural and urban areas;
``(2) such assistance should be made available for planning
for economic development prior to the actual occurrences of
economic distress in order to avoid such condition; and
``(3) such assistance should be used for long-term economic
rehabilitation in areas where long-term economic deterioration
has occurred or is taking place.
``TITLE II--GRANTS FOR PUBLIC WORKS AND DEVELOPMENT FACILITIES
``SEC. 201. DIRECT AND SUPPLEMENTARY GRANTS.
``(a) In General.--Upon the application of any eligible recipient,
the Administrator may--
``(1) make direct grants for the acquisition or development
of land and improvements for public works, public service, or
development facility usage, and the acquisition, design and
engineering, construction, rehabilitation, alteration,
expansion, or improvement of such facilities, including related
machinery and equipment, within an area described in section
502(a), if the Administrator finds that--
``(A) the project for which financial assistance is
sought will directly or indirectly--
``(i) tend to improve the opportunities, in
the area where such project is or will be
located, for the successful establishment or
expansion of industrial or commercial plants or
facilities;
``(ii) otherwise assist in the creation of
additional long-term employment opportunities
for such area; or
``(iii) primarily benefit the long-term
unemployed and members of low-income families;
``(B) the project for which a grant is requested
will fulfill a pressing need of the area, or part
thereof, in which it is, or will be, located; and
``(C) the area for which a project is to be
undertaken has an approved investment strategy as
provided by section 503 and such project is consistent
with such strategy;
``(2) make supplementary grants in order to enable the
States and other entities within areas described in section
502(a) to take maximum advantage of designated Federal grant-
in-aid programs (as defined in subsection (c)(4)), direct
grants-in-aid authorized under this section, and Federal grant-
in-aid programs authorized by the Watershed Protection and
Flood Prevention Act (68 Stat. 666), and the 11 watersheds
authorized by the Flood Control Act of December 22, 1944 (58
Stat. 887), for which they are eligible but for which, because
of their economic situation, they cannot supply the required
matching share.
``(b) Cost Sharing.--Subject to subsection (c), the amount of any
direct grant under this subsection for any project shall not exceed 50
percent of the cost of such project.
``(c) Requirements Applicable to Supplementary Grants.--
``(1) Amount of supplementary grants.--
``(A) In general.--Except as provided by
subparagraph (B), the amount of any supplementary grant
under this section for any project shall not exceed the
applicable percentage established by regulations
promulgated by the Administrator, but in no event shall
the non-Federal share of the aggregate cost of any such
project (including assumptions of debt) be less than 20
percent of such cost.
``(B) Exception.--Notwithstanding subparagraph (A),
in the case of an Indian tribe, a State (or a political
subdivision of the State), or a community development
corporation which the Administrator determines has
exhausted its effective taxing and borrowing capacity,
the Administrator shall reduce the non-Federal share
below the percentage specified in subparagraph (A) or
shall waive the non-Federal share in the case of such a
grant for a project in an area described in section
502(a)(4).
``(2) Form of supplementary grants.--Supplementary grants
shall be made by the Administrator, in accordance with such
regulations as the Administrator may prescribe, by increasing
the amounts of direct grants authorized under this section or
by the payment of funds appropriated under this Act to the
heads of the departments, agencies, and instrumentalities of
the Federal Government responsible for the administration of
the applicable Federal programs.
``(3) Federal share limitations specified in other laws.--
Notwithstanding any requirement as to the amount or sources of
non-Federal funds that may otherwise be applicable to the
Federal program involved, funds provided under this subsection
shall be used for the sole purpose of increasing the Federal
contribution to specific projects in areas described in section
502(a) under such programs above the fixed maximum portion of
the cost of such project otherwise authorized by the applicable
law.
``(4) Designated federal grant-in-aid programs defined.--In
this subsection, the term `designated Federal grant-in-aid
programs' means such existing or future Federal grant-in-aid
programs assisting in the construction or equipping of
facilities as the Administrator may, in furtherance of the
purposes of this Act, designate as eligible for allocation of
funds under this section.
``(5) Consideration of relative need in determining
amount.--In determining the amount of any supplementary grant
available to any project under this section, the Administrator
shall take into consideration the relative needs of the area
and the nature of the projects to be assisted.
``(d) Regulations.--The Administrator shall prescribe rules,
regulations, and procedures to carry out this section which will assure
that adequate consideration is given to the relative needs of eligible
areas. In prescribing such rules, regulations, and procedures the
Administrator shall consider among other relevant factors--
``(1) the severity of the rates of unemployment in the
eligible areas and the duration of such unemployment; and
``(2) the income levels of families and the extent of
underemployment in eligible areas.
``(e) Review and Comment Upon Projects by Local Governmental
Authorities.--The Administrator shall prescribe regulations which will
assure that appropriate local governmental authorities have been given
a reasonable opportunity to review and comment upon proposed projects
under this section.
``SEC. 202. CONSTRUCTION COST INCREASES.
``In any case where a grant (including a supplemental grant) has
been made by the Administrator under this title for a project and after
such grant has been made but before completion of the project, the cost
of such project based upon the designs and specifications which were
the basis of the grant has been increased because of increases in
costs, the amount of such grant may be increased by an amount equal to
the percentage increase, as determined by the Administrator, in such
costs, but in no event shall the percentage of the Federal share of
such project exceed that originally provided for in such grant.
``SEC. 203. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST.
``In any case where a grant (including a supplemental grant) has
been made by the Administrator under this title for a project, and
after such grant has been made but before completion of the project,
the cost of such project based upon the designs and specifications
which were the basis of the grant has decreased because of decreases in
costs, such underrun funds may be used to improve the project either
directly or indirectly as determined by the Administrator.
``SEC. 204. CHANGED PROJECT CIRCUMSTANCES.
``In any case where a grant (including a supplemental grant) has
been made by the Administrator under this title for a project, and
after such grant has been made but before completion of the project,
the purpose or scope of such project based upon the designs and
specifications which were the basis of the grant has changed, the
Administrator may approve the use of grant funds on such changed
project if the Administrator determines that such changed project meets
the requirements of this title and that such changes are necessary to
enhance economic development in the area.
``TITLE III--SPECIAL ECONOMIC DEVELOPMENT AND ADJUSTMENT ASSISTANCE
``SEC. 301. STATEMENT OF PURPOSE.
``The purpose of this title to provide special economic development
and adjustment assistance programs to help State and local areas meet
special needs arising from actual or threatened severe unemployment
arising from economic dislocation (including unemployment arising from
actions of the Federal Government, from defense base closures and
realignments, and from compliance with environmental requirements which
remove economic activities from a locality) and economic adjustment
problems resulting from severe changes in economic conditions
(including long-term economic deterioration), and to encourage
cooperative intergovernmental action to prevent or solve economic
adjustment problems. Nothing in this title is intended to replace the
efforts of the economic adjustment program of the Department of
Defense.
``SEC. 302. SPECIAL ECONOMIC DEVELOPMENT AND ADJUSTMENT ASSISTANCE.
``(a) In General.--The Administrator is authorized to make grants
directly to any eligible recipient in an area which the Administrator
determines, in accordance with criteria to be established by the
Administrator by regulation--
``(1) has experienced, or may reasonably be foreseen to be
about to experience, a special need to meet an expected rise in
unemployment, or other economic adjustment problems (including
those caused by any action or decision of the Federal
Government); or
``(2) has demonstrated long-term economic deterioration.
``(b) Purposes.--Amounts from grants under subsection (a) shall be
used by an eligible recipient to carry out or develop an investment
strategy which--
``(1) meets the requirements of section 503; and
``(2) is approved by the Administrator.
``(c) Types of Assistance.--In carrying out an investment strategy
using amounts from grants under subsection (a), an eligible recipient
may provide assistance for any of the following:
``(1) Public facilities.
``(2) Public services.
``(3) Business development.
``(4) Planning.
``(5) Research and technical assistance.
``(6) Administrative expenses.
``(7) Training.
``(8) Relocation of individuals and businesses.
``(9) Other assistance which demonstrably furthers the
economic adjustment objectives of this title.
``(d) Direct Expenditure or Redistribution by Recipient.--Amounts
from grants under subsection (a) may be used in direct expenditures by
the eligible recipient or through redistribution by the eligible
recipient to public and private entities in grants, loans, loan
guarantees, payments to reduce interest on loan guarantees, or other
appropriate assistance, but no grant shall be made by an eligible
recipient to a private profit-making entity.
``(e) Coordination.--The Administrator to the extent practicable
shall coordinate the activities relating to the requirements for
investment strategies and making grants and loans under this title with
other Federal programs, States, economic development districts, and
other appropriate planning and development organizations.
``(f) Base Closings and Realignments.--
``(1) Location of projects.--In any case in which the
Administrator determines a need for assistance under subsection
(a) due to the closure or realignment of a military
installation, the Administrator may make such assistance
available for projects to be carried out on the military
installation and for projects to be carried out in communities
adversely affected by the closure or realignment.
``(2) Interest in property.--Notwithstanding any other
provision of law, the Administrator may provide to an eligible
recipient any assistance available under this Act for a project
to be carried out on a military installation that is closed or
scheduled for closure or realignment without requiring that the
eligible recipient have title to the property or a leasehold
interest in the property for any specified term.
``SEC. 303. ANNUAL REPORTS BY RECIPIENT.
``Each eligible recipient which receives assistance under this
title from the Administrator shall annually during the period such
assistance continue to make a full and complete report to the
Administrator, in such manner as the Administrator shall prescribe, and
such report shall contain an evaluation of the effectiveness of the
economic assistance provided under this title in meeting the need it
was designed to alleviate and the purposes of this title.
``SEC. 304. SALE OF FINANCIAL INSTRUMENTS IN REVOLVING LOAN FUNDS.
``Any loan, loan guarantee, equity, or other financial instrument
in the portfolio of a revolving loan fund, including any financial
instrument made available using amounts from a grant made before the
effective date specified in section 802, may be sold, encumbered, or
pledged at the discretion of the grantee of the Fund, to a third party
provided that the net proceeds of the transaction--
``(1) shall be deposited into the Fund and may only be used
for activities which are consistent with the purposes of this
title; and
``(2) shall be subject to the financial management,
accounting, reporting, and auditing standards which were
originally applicable to the grant.
``SEC. 305. TREATMENT OF REVOLVING LOAN FUNDS.
``(a) In General.--Amounts from grants made under this title which
are used by an eligible recipient to establish a revolving loan fund
shall not be treated, except as provided by subsection (b), as amounts
derived from Federal funds for the purposes of any Federal law after
such amounts are loaned from the fund to a borrower and repaid to the
fund.
``(b) Exceptions.--Amounts described in subsection (a) which are
loaned from a revolving loan fund to a borrower and repaid to the
fund--
``(1) may only be used for activities which are consistent
with the purposes of this title; and
``(2) shall be subject to the financial management,
accounting, reporting, and auditing standards which were
originally applicable to the grant.
``(c) Regulations.--Not later than 30 days after the effective date
specified in section 802, the Administrator shall issue regulations to
carry out subsection (a).
``(d) Public Review and Comment.--Before issuing any final
guidelines or administrative manuals governing the operation of
revolving loan funds established using amounts from grants under this
title, the Administrator shall provide reasonable opportunity for
public review of and comment on such guidelines and administrative
manuals.
``(e) Applicability to Past Grants.--The requirements of this
section applicable to amounts from grants made under this title shall
also apply to amounts from grants made, before the effective date
specified in section 802, under title I of this Act, as in effect on
the day before such effective date.
``TITLE IV--TECHNICAL ASSISTANCE, RESEARCH, AND INFORMATION
``SEC. 401. TECHNICAL ASSISTANCE.
``(a) In General.--In carrying out its duties under this Act, the
Administrator may provide technical assistance which would be useful in
alleviating or preventing conditions of excessive unemployment or
underemployment to areas which the Administrator finds have substantial
need for such assistance. Such assistance shall include project
planning and feasibility studies, management and operational
assistance, establishment of business outreach centers, and studies
evaluating the needs of, and development potentialities for, economic
growth of such areas.
``(b) Procedures and Terms.--
``(1) Manner of providing assistance.--Assistance may be
provided by the Administrator through--
``(A) members of the Administrator's staff;
``(B) the payment of funds authorized for this
section to departments or agencies of the Federal
Government;
``(C) the employment of private individuals,
partnerships, firms, corporations, or suitable
institutions under contracts entered into for such
purposes; or
``(D) grants-in-aid to appropriate public or
private nonprofit State, area, district, or local
organizations.
``(2) Repayment terms.--The Administrator, in the
Administrator's discretion, may require the repayment of
assistance provided under this subsection and prescribe the
terms and conditions of such repayment.
``(c) Grants Covering Administrative Expenses.--
``(1) In general.--The Administrator may make grants to
defray not to exceed 50 percent of the administrative expenses
of organizations which the Administrator determines to be
qualified to receive grants-in-aid under subsections (a) and (b);
except that in the case of a grant under this subsection to an Indian
tribe, the Administrator is authorized to defray up to 100 percent of
such expenses.
``(2) Determination of non-federal share.--In determining
the amount of the non-Federal share of such costs or expenses,
the Administrator shall give due consideration to all
contributions both in cash and in kind, fairly evaluated,
including contributions of space, equipment, and services.
``(3) Use of grants with planning grants.--Where
practicable, grants-in-aid authorized under this subsection
shall be used in conjunction with other available planning
grants to assure adequate and effective planning and economical
use of funds.
``(d) Availability of Technical Information; Federal Procurement.--
The Administrator shall aid areas described in section 502(a) and other
areas by furnishing to interested individuals, communities, industries,
and enterprises within such areas any assistance, technical
information, market research, or other forms of assistance,
information, or advice which would be useful in alleviating or
preventing conditions of excessive unemployment or underemployment
within such areas. The Administrator may furnish the procurement
divisions of the various departments, agencies, and other
instrumentalities of the Federal Government with a list containing the
names and addresses of business firms which are located in areas
described in section 502(a) and which are desirous of obtaining
Government contracts for the furnishing of supplies or services, and
designating the supplies and services such firms are engaged in
providing.
``SEC. 402. ECONOMIC DEVELOPMENT PLANNING.
``(a) Direct Grants.--
``(1) In general.--The Administrator may make, upon
application of any State, or city, or other political
subdivision of a State, or sub-State planning and development
organization (including an area described in section 502(a) or
an economic development district), direct grants to such State,
city, or other political subdivision, or organization to pay up
to 50 percent of the cost for economic development planning.
``(2) Planning projects specifically included.--The
planning for cities, other political subdivisions, and sub-
State planning and development organizations (including areas
described in section 502(a) and economic development districts)
assisted under this section shall include systematic efforts to
reduce unemployment and increase incomes.
``(3) Planning process.--The planning shall be a continuous
process involving public officials and private citizens in
analyzing local economies, defining development goals,
determining project opportunities, and formulating and
implementing a development program.
``(4) Coordination of assistance under section 401(c).--The
assistance available under this section may be provided in
addition to assistance available under section 401(c) but shall
not supplant such assistance.
``(b) Compliance With Review Procedure.--The planning assistance
authorized under this title shall be used in conjunction with any other
available Federal planning assistance to assure adequate and effective
planning and economical use of funds.
``TITLE V--ELIGIBILITY AND INVESTMENT STRATEGIES
``PART A--ELIGIBILITY
``SEC. 501. ELIGIBLE RECIPIENT DEFINED.
``In this Act, the term `eligible recipient' means an area
described in section 502(a), an economic development district
designated under section 510, an Indian tribe, a State, a city or other
political subdivision of a State, or a consortium of such political
subdivisions, or a public or private nonprofit organization or
association acting in cooperation with officials of such political
subdivisions.
``SEC. 502. AREA ELIGIBILITY.
``(a) Certification.--In order to be eligible for assistance under
title II, an applicant seeking assistance to undertake a project in an
area shall certify, as part of an application for such assistance, that
the area on the date of submission of such application meets 1 or more
of the following criteria:
``(1) The area has a per capita income of 80 percent or
less of the national average.
``(2) The area has an unemployment rate 1 percent above the
national average percentage for the most recent 24-month period
for which statistics are available.
``(3) The area has experienced or is about to experience a
sudden economic dislocation resulting in job loss that is
significant both in terms of the number of jobs eliminated and
the effect upon the employment rate of the area.
``(4) The area is a community or neighborhood (defined
without regard to political or other subdivisions or
boundaries) which the Administrator determines has one or more
of the following conditions:
``(A) A large concentration of low-income persons.
``(B) Rural areas having substantial out-migration.
``(C) Substantial unemployment.
``(b) Documentation.--A certification made under subsection (a)
shall be supported by Federal data, when available, and in other cases
by data available through the State government. Such documentation
shall be accepted by the Administrator unless it is determined to be
inaccurate. The most recent statistics available shall be used.
``(c) Prior Designations.--Any designation of a redevelopment area
made before the effective date specified in section 802 shall not be
effective after such effective date.
``SEC. 503. INVESTMENT STRATEGY.
``The Administrator may provide assistance under titles II and III
to an applicant for a project only if the applicant submits to the
Administrator, as part of an application for such assistance, and the
Administrator approves an investment strategy which--
``(1) identifies the economic development problems to be
addressed using such assistance;
``(2) identifies past, present, and projected future
economic development investments in the area receiving such
assistance and public and private participants and sources of
funding for such investments;
``(3) sets forth a strategy for addressing the economic
problems identified pursuant to paragraph (1) and describes how
the strategy will solve such problems;
``(4) provides a description of the project necessary to
implement the strategy, estimates of costs, and timetables; and
``(5) provides a summary of public and private resources
expected to be available for the project.
``SEC. 504. APPROVAL OF PROJECTS.
``Only applications for grants or other assistance under this Act
for specific projects shall be approved which are certified by the
State representing such applicant and determined by the Administrator--
``(1) to be included in a State investment strategy;
``(2) to have adequate assurance that the project will be
properly administered, operated, and maintained; and
``(3) to otherwise meet the requirements for assistance
under this Act.
``PART B--ECONOMIC DEVELOPMENT DISTRICTS
``SEC. 510. DESIGNATION OF ECONOMIC DEVELOPMENT DISTRICTS AND ECONOMIC
DEVELOPMENT CENTERS.
``(a) In General.--In order that economic development projects of
broader geographic significance may be planned and carried out, the
Administrator may--
``(1) designate appropriate `economic development
districts' within the United States with the concurrence of the
States in which such districts will be wholly or partially
located, if--
``(A) the proposed district is of sufficient size
or population, and contains sufficient resources, to
foster economic development on a scale involving more
than a single area described in section 502(a);
``(B) the proposed district contains at least 1
area described in section 502(a);
``(C) the proposed district contains 1 or more
areas described in section 502(a) or economic
development centers identified in an approved district
investment strategy as having sufficient size and
potential to foster the economic growth activities
necessary to alleviate the distress of the areas
described in section 502(a) within the district; and
``(D) the proposed district has a district
investment strategy which includes adequate land use
and transportation planning and contains a specific
program for district cooperation, self-help, and public
investment and is approved by the State or States
affected and by the Administrator;
``(2) designate as `economic development centers', in
accordance with such regulations as the Administrator shall
prescribe, such areas as the Administrator may deem
appropriate, if--
``(A) the proposed center has been identified and
included in an approved district investment strategy
and recommended by the State or States affected for
such special designation;
``(B) the proposed center is geographically and
economically so related to the district that its
economic growth may reasonably be expected to
contribute significantly to the alleviation of distress
in the areas described in section 502(a) of the
district; and
``(C) the proposed center does not have a
population in excess of 250,000 according to the most
recent Federal census.
``(3) provide financial assistance in accordance with the
criteria of this Act, except as may be herein otherwise
provided, for projects in economic development centers
designated under subsection (a)(2), if--
``(A) the project will further the objectives of
the investment strategy of the district in which it is
to be located;
``(B) the project will enhance the economic growth
potential of the district or result in additional long-
term employment opportunities commensurate with the
amount of Federal financial assistance requested; and
``(C) the amount of Federal financial assistance
requested is reasonably related to the size,
population, and economic needs of the district;
``(4) subject to the 50 percent non-Federal share required
for any project by section 201(c), increase the amount of grant
assistance authorized by section 201 for projects within areas
described in section 502(a), by an amount not to exceed 10
percent of the aggregate cost of any such project, in
accordance with such regulations as the Administrator shall
prescribe if--
``(A) the area described in section 502(a) is
situated within a designated economic development
district and is actively participating in the economic
development activities of the district; and
``(B) the project is consistent with an approved
investment strategy.
``(b) Authorities.--In designating economic development districts
and approving district investment strategies under subsection (a), the
Administrator may, under regulations prescribed by the Administrator--
``(1) invite the several States to draw up proposed
district boundaries and to identify potential economic
development centers;
``(2) cooperate with the several States--
``(A) in sponsoring and assisting district economic
planning and development groups; and
``(B) in assisting such district groups to
formulate district investment strategies; and
``(3) encourage participation by appropriate local
governmental authorities in such economic development
districts.
``(c) Termination or Modification of Designations.--The
Administrator shall by regulation prescribe standards for the
termination or modification of economic development districts and
economic development centers designated under the authority of this
section.
``(d) Definitions.--In this Act, the following definitions apply:
``(1) Economic development district.--The term `economic
development district' refers to any area within the United
States composed of cooperating areas described in section
502(a) and, where appropriate, designated economic development
centers and neighboring counties or communities, which has been
designated by the Administrator as an economic development
district. Such term includes any economic development district
designated under section 403 of this Act, as in effect on the
day before the effective date specified in section 802.
``(2) Economic development center.--The term `economic
development center' refers to any area within the United States
which has been identified as an economic development center in
an approved investment strategy and which has been designated
by the Administrator as eligible for financial assistance under
this Act in accordance with the provisions of this section.
``(3) Local government.--The term `local government' means
any city, county, town, parish, village, or other general-
purpose political subdivision of a State.
``(e) Parts of Economic Development Districts Not Within Areas
Described in Section 502(a).--The Administrator is authorized to
provide the financial assistance which is available to an area
described in section 502(a) under this Act to those parts of an
economic development district which are not within an area described in
section 502(a), when such assistance will be of a substantial direct
benefit to an area described in section 502(a) within such district.
Such financial assistance shall be provided in the same manner and to
the same extent as is provided in this Act for an area described in
section 502(a); except that nothing in this subsection shall be
construed to permit such parts to receive the increase in the amount of
grant assistance authorized in subsection (a)(4).
``TITLE VI--ADMINISTRATION
``SEC. 601. APPOINTMENT OF ASSOCIATE ADMINISTRATOR; FULL TIME
EQUIVALENT EMPLOYEES.
``(a) Appointment.--The Administrator shall carry out the duties
vested in the Administrator by this Act acting through an Associate
Administrator of the Small Business Administration, who shall be
appointed by the President by and with the advice and consent of the
Senate.
``(b) Pay.--The Associate Administrator shall be compensated by the
Federal Government at the rate prescribed for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
``(c) Full Time Equivalent Employees.--The Administrator shall
assign not to exceed 25 full time equivalent employees of the Small
Business Administration (excluding the Associate Administrator) to
assist the Administrator in the carrying out the duties vested in the
Administrator by this Act.
``SEC. 602. REGIONAL COOPERATIVE AGREEMENTS.
``(a) In General.--The Administrator shall make grants and carry
out such other functions under this Act as the Administrator considers
appropriate by entering into cooperative agreements with 1 or more
States on a regional basis. Each State entering into such an agreement
shall be represented by the chief executive officer of the State.
``(b) Terms and Conditions.--A cooperative agreement entered into
under subsection (a) shall include such terms and conditions as the
Administrator determines are necessary to carry out the provisions of
this Act. Such terms and conditions at a minimum shall provide that no
decision concerning regional policies or approval of project or grant
applications may be made without the consent of the Administrator and a
majority of the States participating in the cooperative agreement.
``(c) Participation Not Required.--No State shall be required to
enter into a cooperative agreement under this section or to participate
in any program established by this Act.
``SEC. 603. ADMINISTRATIVE EXPENSES.
``(a) Payment by States.--Fifty percent of the administrative
expenses incurred by States in participating in a cooperative agreement
entered into under section 602 shall be paid by such States and the
remaining 50 percent of such expenses shall be paid by the Federal
Government.
``(b) Determination of State Share.--The share of the
administrative expenses to be paid by each State participating in a
cooperative agreement shall be determined by a majority vote of such
States. The Administrator may not participate or vote in such
determination.
``(c) Delinquent Payments.--No assistance authorized by this Act
shall be furnished to any State or to any political subdivision or
resident of a State, nor shall the State participate or vote in any
decision described in section 602(b), while such State is delinquent in
the payment of such State's share of the administrative expenses
described in subsection (a).
``SEC. 604. FEDERAL SHARE.
``Except as otherwise expressly provided by this Act, the Federal
share of the cost of any project funded with amounts made available
under this Act shall not exceed 50 percent of such cost.
``SEC. 605. COOPERATION OF FEDERAL AGENCIES.
``Each Federal department and agency, in accordance with applicable
laws and within the limits of available funds, shall cooperate with the
Administrator in order to assist the Administrator in carrying out the
functions of the Administrator.
``SEC. 606. CONSULTATION WITH OTHER PERSONS AND AGENCIES.
``(a) Consultation on Problems Relating to Employment.--The
Administrator is authorized from time to time to call together and
confer with any persons, including representatives of labor,
management, agriculture, and government, who can assist in meeting the
problems of area and regional unemployment or underemployment.
``(b) Consultation on Administration of Act.--The Administrator may
make provisions for such consultation with interested departments and
agencies as the Administrator may deem appropriate in the performance
of the functions vested in the Administrator by this Act.
``SEC. 607. ADMINISTRATION, OPERATION, AND MAINTENANCE.
``No Federal assistance shall be approved under this Act unless the
Administrator is satisfied that the project for which Federal
assistance is granted will be properly and efficiently administered,
operated, and maintained.
``TITLE VII--MISCELLANEOUS
``SEC. 701. POWERS OF ADMINISTRATOR.
``(a) In General.--In performing the Administrator's duties under
this Act, the Administrator is authorized to--
``(1) adopt, alter, and use a seal, which shall be
judicially noticed;
``(2) subject to the civil-service and classification laws,
select, employ, appoint, and fix the compensation of such
personnel as may be necessary to carry out the provisions of
this Act;
``(3) hold such hearings, sit and act at such times and
places, and take such testimony, as the Administrator may deem
advisable;
``(4) request directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality information, suggestions,
estimates, and statistics needed to carry out the purposes of
this Act; and each department, bureau, agency, board,
commission, office, establishment, or instrumentality is
authorized to furnish such information, suggestions, estimates,
and statistics directly to the Administrator;
``(5) under regulations prescribed by the Administrator,
assign or sell at public or private sale, or otherwise dispose
of for cash or credit, in the Administrator's discretion and
upon such terms and conditions and for such consideration as
the Administrator determines to be reasonable, any evidence of
debt, contract, claim, personal property, or security assigned
to or held by the Administrator in connection with assistance
extended under this Act, and collect or compromise all
obligations assigned to or held by the Administrator in
connection with such assistance until such time as such
obligations may be referred to the Attorney General for suit or
collection;
``(6) deal with, complete, renovate, improve, modernize,
insure, rent, or sell for cash or credit, upon such terms and
conditions and for such consideration as the Administrator
determines to be reasonable, any real or personal property
conveyed to, or otherwise acquired by the Administrator in
connection with assistance extended under this Act;
``(7) pursue to final collection, by way of compromise or
other administrative action, prior to reference to the Attorney
General, all claims against third parties assigned to the
Administrator in connection with assistance extended this Act;
``(8) acquire, in any lawful manner and in accordance with
the requirements of the Federal Property and Administrative
Services Act of 1949, any property (real, personal, or mixed,
tangible or intangible), whenever necessary or appropriate to
the conduct of the activities authorized under this Act;
``(9) in addition to any powers, functions, privileges, and
immunities otherwise vested in the Administrator, take any
action, including the procurement of the services of attorneys
by contract, determined by the Administrator to be necessary or
desirable in making, purchasing, servicing, compromising,
modifying, liquidating, or otherwise administratively dealing
with assets held in connection with financial assistance
extended under this Act;
``(10) employ experts and consultants or organizations as
authorized by section 3109 of title 5, United States Code,
compensate individuals so employed at rates not in excess of
$100 per diem, including travel time, and allow them, while
away from their homes or regular places of business, travel
expenses (including per diem in lieu of subsistence) as
authorized by section 5703 of title 5, United States Code, for
persons in the Government service employed intermittently,
while so employed, except that contracts for such employment
may be renewed annually;
``(11) sue and be sued in any court of record of a State
having general jurisdiction or in any United States district
court, and jurisdiction is conferred upon such district court
to determine such controversies without regard to the amount in
controversy; but no attachment, injunction, garnishment, or
other similar process, mesne or final, shall be issued against
the Administrator or the Administrator's property;
``(12) make discretionary grants, pursuant to authorities
otherwise available to the Administrator under this Act and
without regard to the requirements of section 504, to implement
significant regional initiatives, to take advantage of special
development opportunities, or to respond to emergency economic
distress in a region from the funds withheld from distribution
by the Administrator; except that the aggregate amount of such
discretionary grants in any fiscal year may not exceed 10
percent of the amounts appropriated under title VIII for such
fiscal year;
``(13) allow a State to use not to exceed 5 percent of the
total of amounts received by the State in a fiscal year in
grants under this Act for reasonable expenses incurred by the
State in administering such amounts; and
``(14) establish such rules, regulations, and procedures as
the Administrator considers appropriate in carrying out the
provisions of this Act.
``(b) Deficiency Judgments.--The authority under subsection (a)(7)
to pursue claims shall include the authority to obtain deficiency
judgments or otherwise in the case of mortgages assigned to the
Administrator.
``(c) Inapplicability of Certain Other Requirements.--Section 3709
of the Revised Statutes of the United States shall not apply to any
contract of hazard insurance or to any purchase or contract for
services or supplies on account of property obtained by the
Administrator as a result of assistance extended under this Act if the
premium for the insurance or the amount of the insurance does not
exceed $1,000.
``(d) Powers of Conveyance and Execution.--The power to convey and
to execute, in the name of the Administrator, deeds of conveyance,
deeds of release, assignments and satisfactions of mortgages, and any
other written instrument relating to real or personal property or any
interest therein acquired by the Administrator pursuant to the
provisions of this Act may be exercised by the Administrator, or by any
officer or agent appointed by the Administrator for such purpose,
without the execution of any express delegation of power or power of
attorney.
``SEC. 702. ESTABLISHMENT OF CLEARINGHOUSE.
``In carrying out the Administrator's duties under this Act, the
Administrator shall ensure that the Small Business Administration--
``(1) serves as a central information clearinghouse on
matters relating to economic development, economic adjustment,
disaster recovery, and defense conversion programs and
activities of the Federal and State governments, including
political subdivisions of the States; and
``(2) helps potential and actual applicants for economic
development, economic adjustment, disaster recovery, and
defense conversion assistance under Federal, State, and local
laws in locating and applying for such assistance, including
financial and technical assistance.
``SEC. 703. PERFORMANCE MEASURES.
``The Administrator shall establish performance measures for grants
and other assistance provided under this Act. Such performance measures
shall be used to evaluate project proposals and conduct evaluations of
projects receiving such assistance.
``SEC. 704. MAINTENANCE OF STANDARDS.
``The Administrator shall continue to implement and enforce the
provisions of section 712 of this Act, as in effect on the day before
the effective date specified in section 802.
``SEC. 705. TRANSFER OF FUNCTIONS.
``The functions, powers, duties, and authorities and the assets,
funds, contracts, loans, liabilities, commitments, authorizations,
allocations, and records which are vested in or authorized to be
transferred to the Secretary of the Treasury under section 29(b) of the
Area Redevelopment Act, and all functions, powers, duties, and
authorities under section 29(c) of such Act are hereby vested in the
Administrator.
``SEC. 706. DEFINITION OF STATE.
``In this Act, the terms `State', `States', and `United States'
include the several States, the District of Columbia, Puerto Rico, the
Virgin Islands, American Samoa, Guam, the Marshall Islands, Micronesia,
and the Northern Mariana Islands.
``SEC. 707. ANNUAL REPORT TO CONGRESS.
``The Administrator shall transmit to Congress a comprehensive and
detailed annual report of the Administrator's operations under this Act
for each fiscal year beginning with the fiscal year ending September
30, 1996. Such report shall be printed and shall be transmitted to
Congress not later than April 1 of the year following the fiscal year
with respect to which such report is made.
``SEC. 708. USE OF OTHER FACILITIES.
``(a) Delegation of Functions to Other Federal Departments and
Agencies.--The Administrator may delegate to the heads of other
departments and agencies of the Federal Government any of the
Administrator's functions, powers, and duties under this Act as the
Administrator may deem appropriate, and to authorize the redelegation
of such functions, powers, and duties by the heads of such departments
and agencies.
``(b) Department and Agency Execution of Delegated Authority.--
Departments and agencies of the Federal Government shall exercise their
powers, duties, and functions in such manner as will assist in carrying
out the objectives of this Act.
``(c) Transfer Between Departments.--Funds authorized to be
appropriated under this Act may be transferred between departments and
agencies of the Government, if such funds are used for the purposes for
which they are specifically authorized and appropriated.
``(d) Funds Transferred From Other Departments and Agencies.--In
order to carry out the objectives of this Act, the Administrator may
accept transfers of funds from other departments and agencies of the
Federal Government if the funds are used for the purposes for which
(and in accordance with the terms under which) the funds are
specifically authorized and appropriated. Such transferred funds shall
remain available until expended, and may be transferred to and merged
with the appropriations under the heading `salaries and expenses' by
the Administrator to the extent necessary to administer the program.
``SEC. 709. EMPLOYMENT OF EXPEDITERS AND ADMINISTRATIVE EMPLOYEES.
``No financial assistance shall be extended by the Administrator
under this Act to any business enterprise unless the owners, partners,
or officers of such business enterprise--
``(1) certify to the Administrator the names of any
attorneys, agents, and other persons engaged by or on behalf of
such business enterprise for the purpose of expediting
applications made to the Administrator for assistance of any
sort, under this Act, and the fees paid or to be paid to any
such person; and
``(2) execute an agreement binding such business
enterprise, for a period of 2 years after such assistance is
rendered by the Administrator to such business enterprise, to
refrain from employing, tendering any office or employment to,
or retaining for professional services, any person who, on the
date such assistance or any part thereof was rendered, or
within the 1-year period ending on such date, shall have served
as an officer, attorney, agent, or employee, occupying a
position or engaging in activities which the Administrator
determines involves discretion with respect to the granting of
assistance under this Act.
``SEC. 710. MAINTENANCE OF RECORDS OF APPROVED APPLICATIONS FOR
FINANCIAL ASSISTANCE; PUBLIC INSPECTION.
``(a) Maintenance of Record Required.--The Administrator shall
maintain as a permanent part of the records of the Small Business
Administration a list of applications approved for financial assistance
under this Act, which shall be kept available for public inspection
during the regular business hours of the Small Business Administration.
``(b) Posting to List.--The following information shall be posted
in such list as soon as each application is approved:
``(1) The name of the applicant and, in the case of
corporate applications, the names of the officers and directors
thereof.
``(2) The amount and duration of the financial assistance
for which application is made.
``(3) The purposes for which the proceeds of the financial
assistance are to be used.
``SEC. 711. RECORDS AND AUDIT.
``(a) Recordkeeping and Disclosure Requirements.--Each recipient of
assistance under this Act shall keep such records as the Administrator
shall prescribe, including records which fully disclose the amount and
the disposition by such recipient of the proceeds of such assistance,
the total cost of the project or undertaking in connection with which
such assistance is given or used, and the amount and nature of that
portion of the cost of the project or undertaking supplied by other
sources, and such other records as will facilitate an effective audit.
``(b) Access to Books for Examination and Audit.--The Administrator
and the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access for the purpose of audit
and examination to any books, documents, papers, and records of the
recipient that are pertinent to assistance received under this Act.
``SEC. 712. PROHIBITION AGAINST A STATUTORY CONSTRUCTION WHICH MIGHT
CAUSE DIMINUTION IN OTHER FEDERAL ASSISTANCE.
``All financial and technical assistance authorized under this Act
shall be in addition to any Federal assistance previously authorized,
and no provision of this Act shall be construed as authorizing or
permitting any reduction or diminution in the proportional amount of
Federal assistance to which any State or other entity eligible under
this Act would otherwise be entitled under the provisions of any other
Act.
``SEC. 713. ACCEPTANCE OF APPLICANTS' CERTIFICATIONS.
``The Administrator may accept, when deemed appropriate, the
applicants' certifications to meet the requirements of this Act.
``TITLE VIII--FUNDING; EFFECTIVE DATE
``SEC. 801. AUTHORIZATION OF APPROPRIATIONS
``There is authorized to be appropriated to carry out this Act
$340,000,000 per fiscal year for each of fiscal years 1996, 1997, 1998,
1999, and 2000. Such sums shall remain available until expended.
``SEC. 802. EFFECTIVE DATE.
``The effective date specified in this section is the abolishment
date specified in section 2101(c) of the Department of Commerce
Dismantling Act.''.
(b) Conforming Amendments to Title 5.--Section 5316 of title 5,
United States Code, is amended--
(1) by striking ``Associate Administrators of the Small
Business Administration (4)'' and inserting ``Associate
Administrators of the Small Business Administration (5)''; and
(2) by striking ``Administrator for Economic
Development.''.
(c) GAO Study.--On or before December 30, 1996, the Comptroller
General shall submit to Congress a plan or plans for consolidating
economic development programs throughout the Federal Government. The
plan or plans shall focus on, but not be limited to, consolidating
programs included in the Catalogue of Federal Domestic Assistance with
similar purposes and target populations. The plan or plans shall detail
how consolidation can lead to improved grant or program management,
improvements in achieving program goals, and reduced costs.
SEC. 2202. TECHNOLOGY ADMINISTRATION.
(a) Technology Administration.--
(1) General rule.--Except as otherwise provided in this
section, the Technology Administration is terminated.
(2) Office of technology policy.--The Office of Technology
Policy is terminated.
(b) National Institute of Standards and Technology.--
(1) Redesignation.--The National Institute of Standards and
Technology is hereby redesignated as the National Bureau of
Standards, and all references to the National Institute of
Standards and Technology in Federal law or regulations are
deemed to be references to the National Bureau of Standards.
(2) General rule.--The National Bureau of Standards (in
this subsection referred to as the ``Bureau'') is transferred
to the National Scientific, Oceanic, and Atmospheric
Administration, established under section 2206.
(3) Functions of director.--Except as otherwise provided in
this section or section 2207, upon the transfer under paragraph
(2), the Director of the Bureau shall perform all functions
relating to the Bureau that, immediately before the effective
date specified in section 2208(a), were functions of the
Secretary of Commerce or the Under Secretary of Commerce for
Technology.
(c) National Technical Information Service.--
(1) Privatization.--All functions of the National Technical
Information Service are transferred to the Director of Office
of Management and Budget for privatization in accordance with
section 2108 before the end of the 18-month period beginning on
the date of the enactment of this Act.
(2) Transfer to national scientific, oceanic, and
atmospheric administration.--If an appropriate arrangement for
the privatization of functions of the National Technical
Information Service under paragraph (1) has not been made
before the end of the period described in that paragraph, the
National Technical Information Service shall be transferred as
of the end of such period to the National Scientific, Oceanic,
and Atmospheric Administration established by section 2206.
(3) Government corporation.--If an appropriate arrangement
for the privatization of functions of the National Technical
Information Service under paragraph (1) has not been made
before the end of the period described in that paragraph, the
Director of the Office of Management and Budget shall, within 6
months after the end of such period, submit to Congress a
proposal for legislation to establish the National Technical
Information Service as a wholly owned Government corporation.
The proposal should provide for the corporation to perform
substantially the same functions that, as of the date of
enactment of this Act, are performed by the National Technical
Information Service.
(4) Funding.--No funds are authorized to be appropriated
for the National Technical Information Service or any successor
corporation established pursuant to a proposal under paragraph
(3).
(d) Amendments.--
(1) National institute of standards and technology act.--
The National Institute of Standards and Technology Act (15
U.S.C. 271 et seq.) is amended--
(A) in section 2(b), by striking paragraph (1) and
redesignating paragraphs (2) through (11) as paragraphs
(1) through (10), respectively;
(B) in section 2(d), by striking ``, including the
programs established under sections 25, 26, and 28 of
this Act'';
(C) in section 10, by striking ``Advanced'' in both
the section heading and subsection (a), and inserting
in lieu thereof ``Standards and''; and
(D) by striking sections 24, 25, 26, and 28.
(2) Stevenson-wydler technology innovation act of 1980.--
The Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.) is amended--
(A) in section 3, by striking paragraph (2) and
redesignating paragraphs (3) through (5) as paragraphs
(2) through (4), respectively;
(B) in section 4, by striking paragraphs (1), (4),
and (13) and redesignating paragraphs (2), (3), (5),
(6), (7), (8), (9), (10), (11), and (12) as paragraphs
(1) through (10), respectively;
(C) by striking sections 5, 6, 7, 8, 9, and 10;
(D) in section 11--
(i) by striking ``, the Federal Laboratory
Consortium for Technology Transfer,'' in
subsection (c)(3);
(ii) by striking ``and the Federal
Laboratory Consortium for Technology Transfer''
in subsection (d)(2);
(iii) by striking ``, and refer such
requests'' and all that follows through
``available to the Service'' in subsection
(d)(3); and
(iv) by striking subsection (e); and
(E) in section 17--
(i) by striking ``Subject to paragraph (2),
separate'' in subsection (c)(1) and inserting
in lieu thereof ``Separate'';
(ii) by striking paragraph (2) of
subsection (c) and redesignating paragraph (3)
as paragraph (2);
(iii) by striking ``funds to carry out'' in
subsection (f), and inserting in lieu thereof
``funds only to pay the salary of the Director
of the Office of Quality Programs, who shall be
responsible for carrying out''; and
(iv) by adding at the end the following new
subsection:
``(h) Voluntary and Uncompensated Services.--The Director of the
Office of Quality Programs may accept voluntary and uncompensated
services notwithstanding the provisions of section 1342 of title 31,
United States Code.''.
(3) Miscellaneous amendments.--Section 3 of Public Law 94-
168 (15 U.S.C. 205b) is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(C) in paragraph (3), as so redesignated by
subparagraph (B) of this paragraph, by striking ``in
nonbusiness activities''.
SEC. 2203. REORGANIZATION OF THE BUREAU OF THE CENSUS AND THE BUREAU OF
ECONOMIC ANALYSIS.
(a) Transfer of Functions.--All functions of the Secretary of
Commerce relating to the Bureau of the Census and the Bureau of
Economic Analysis of the Department of Commerce are transferred to the
Secretary of Labor.
(b) Transfer of Bureaus.--The Bureau of the Census and Bureau of
Economic Analysis of the Department of Commerce are transferred to the
Department of Labor.
(c) Consolidation With the Bureau of Labor Statistics.--The
Secretary of Labor shall consolidate the Bureaus transferred under
subsection (b) with the Bureau of Labor Statistics within the
Department of Labor.
(d) References to Secretary.--Section 1(2) of the title 13, United
States Code, is amended by striking out ``Secretary of Commerce'' and
inserting in lieu thereof ``Secretary of Labor''.
(e) References to Department.--Section 2 of title 13, United States
Code, is amended by striking out ``Department of Commerce'' and
inserting in lieu thereof ``Department of Labor''.
(f) General References to Secretary and Department.--The provisions
of title 13, United States Code, are further amended--
(1) by striking out ``Secretary of Commerce'' each place
such term appears and insert in lieu thereof ``Secretary of
Labor''; and
(2) by striking out ``Department of Commerce'' each place
such term appears and inserting in lieu thereof ``Department of
Labor''.
(g) Submission of Plan.--Within 180 days after the date of
enactment of this Act, the President shall transmit to the Congress--
(1) a determination of the feasibility and potential
savings resulting from the further consolidation of statistical
functions throughout the Government into a single agency; and
(2) draft legislation under which the provisions of title
13, United States Code, relating to confidentiality (including
offenses and penalties) shall be applied after the
consolidation under subsection (c) has been effected.
(h) Sense of the Congress.--It is the sense of the Congress that
the Bureau of the Census or the agency established as a result of the
consolidation under subsection (c) should--
(1) make appropriate use of any authority afforded to it by
the Census Address List Improvement Act of 1994 (Public Law
103-430; 108 Stat. 4393), and take measures to ensure the
timely implementation of such Act; and
(2) streamline census questionnaires to promote savings in
the collection and tabulation of data.
SEC. 2204. TERMINATED FUNCTIONS OF NTIA.
(a) Repeals.--The following provisions of law are repealed:
(1) Subpart A of part IV of title III of the Communications
Act of 1934 (47 U.S.C. 390 et seq.), relating to assistance for
public telecommunications facilities.
(2) Subpart B of part IV of title III of the Communications
Act of 1934 (47 U.S.C. 394 et seq.), relating to the Endowment
for Children's Educational Television.
(3) Subpart C of part IV of title III of the Communications
Act of 1934 (47 U.S.C. 395 et seq.), relating to
Telecommunications Demonstration grants.
(b) Disposal of NTIA Laboratories.--
(1) Privatization.--All laboratories of the National
Telecommunications and Information Administration are
transferred to the Director of the Office of Management and
Budget for privatization in accordance with section 2108 before
the end of the 18-month period beginning on the date of the
enactment of this Act.
(2) Transfer to national scientific, oceanic, and
atmospheric administration.--If an appropriate arrangement for
the privatization of functions of the laboratories of the
National Telecommunications and Information Administration
under paragraph (1) has not been made before the end of the
period described in that paragraph, the laboratories of the
National Telecommunications and Information Administration
shall be transferred as of the end of such period to the
National Scientific, Oceanic, and Atmospheric Administration
established by section 2206.
(3) Transfer of functions.--The functions of the National
Telecommunications and Information Administration concerning
research and analysis of the electromagnetic spectrum described
in section 5112(b) of the Omnibus Trade and Competitiveness Act
of 1988 (15 U.S.C. 1532) are transferred to the Director of the
National Bureau of Standards.
(c) Transfer of National Telecommunications and Information
Administration Functions.--
(1) Transfer to ustr.--Except as provided in subsection
(b)(2), the functions of the National Telecommunications and
Information Administration, and of the Secretary of Commerce
and the Assistant Secretary for Communications and Information
of the Department of Commerce with respect to the National
Telecommunications and Information Administration, are
transferred to the United States Trade Representative. The
functions transferred by this paragraph shall be placed in an
organizational component that is independent from all USTR
functions directly related to the negotiation of trade
agreements. Such functions shall be supervised by an individual
whose principal professional expertise is in the area of
telecommunications. The position to which such individual is
appointed shall be graded at a level sufficiently high to
attract a highly qualified individual, while ensuring autonomy
in the conduct of such functions from all activities and
influences associated with trade negotiations.
(2) References.--References in any provision of law
(including the National Telecommunications and Information
Administration Organization Act) to the Secretary of Commerce
or the Assistant Secretary for Communications and Information
of the Department of Commerce--
(A) with respect to a function vested pursuant to
this section in the United States Trade Representative
shall be deemed to refer to the United States Trade
Representative; and
(B) with respect to a function vested pursuant to
this section in the Director of the National Bureau of
Standards shall be deemed to refer to the Director of
the National Bureau of Standards.
(3) Termination of ntia.--Effective on the abolishment date
specified in section 2101(c), the National Telecommunications
and Information Administration is abolished.
SEC. 2205. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Termination of Miscellaneous Research Programs and Accounts.--
(1) In general.--No funds may be appropriated in any fiscal
year for the following programs and accounts of the National
Scientific, Oceanic, and Atmospheric Administration:
(A) The National Undersea Research Program.
(B) The Fleet Modernization Program.
(C) The Charleston, South Carolina, Special
Management Plan.
(D) Chesapeake Bay Observation Buoys (as of
September 30, 1996).
(E) Federal/State Weather Modification Grants.
(F) The Southeast Storm Research Account.
(G) The Southeast United States Caribbean Fisheries
Oceanographic Coordinated Investigations Program.
(H) National Institute for Environmental Renewal.
(I) The Lake Champlain Study.
(J) The Maine Marine Research Center.
(K) The South Carolina Cooperative Geodetic Survey
Account.
(L) Pacific Island Technical Assistance.
(M) Sea Grant Oyster Disease Account.
(N) Sea Grant Zebra Mussel Account.
(O) VENTS program.
(P) National Weather Service non-Federal, non-
wildfire Weather Service.
(Q) National Weather Service Regional Climate
Centers.
(R) National Weather Service Samoa Weather Forecast
Office Repair and Upgrade Account.
(S) Dissemination of Weather Charts (Marine
Facsimile Service).
(T) The Climate and Global Change Account.
(U) The Global Learning and Observations to Benefit
the Environment Program.
(V) Great Lakes nearshore research.
(W) Mussel watch.
(2) Repeals.--The following provisions of law are repealed:
(A) The Ocean Thermal Conversion Act of 1980 (42
U.S.C. 9101 et seq.).
(B) Title IV of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1447 et seq.).
(C) Title V of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.).
(D) The Great Lakes Shoreline Mapping Act of 1987
(33 U.S.C. 883a note).
(E) The Great Lakes Fish and Wildlife Tissue Bank
Act (16 U.S.C. 943 et seq.).
(F) The Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701 et seq.),
except for those provisions affecting the Assistant
Secretary of the Army (civil works) and the Secretary
of the department in which the Coast Guard is
operating.
(G) Section 3 of the Sea Grant Program Improvement
Act of 1976 (33 U.S.C. 1124a).
(H) Section 208(c) of the National Sea Grant
College Program Act (33 U.S.C. 1127(c)).
(I) Section 305 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1454) is repealed effective October
1, 1998.
(J) The NOAA Fleet Modernization Act (33 U.S.C. 891
et seq.).
(K) Public Law 85-342 (72 Stat. 35; 16 U.S.C. 778
et seq.), relating to fish research and
experimentation.
(L) The first section of the Act of August 8, 1956
(70 Stat. 1126; 16 U.S.C. 760d), relating to grants for
commercial fishing education.
(M) Public Law 86-359 (16 U.S.C. 760e et seq.),
relating to the study of migratory marine gamefish.
(N) The Act of August 15, 1914 (Chapter 253; 38
Stat. 692; 16 U.S.C. 781 et seq.), prohibiting the
taking of sponges in the Gulf of Mexico and the Straits
of Florida.
(b) Aeronautical Mapping and Charting.--
(1) In general.--The aeronautical mapping and charting
functions of the National Oceanic and Atmospheric
Administration are transferred to the Defense Mapping Agency.
(2) Termination of certain functions.--The Defense Mapping
Agency shall terminate any functions transferred under
paragraph (1) that are performed by the private sector.
(3) Functions requested by federal aviation
administration.--(A) Notwithstanding paragraph (2), the
Director of the Defense Mapping Agency shall carry out such
aeronautical charting functions as may be requested by the
Administrator of the Federal Aviation Administration.
(B) In carrying out aeronautical mapping functions
requested by the Administrator under subparagraph (A), the
Director shall--
(i) publish and distribute to the public and to the
Administrator any aeronautical charts requested by the
Administrator; and
(ii) provide to the Administrator such other air
traffic control products and services as may be
requested by the Administrator,
in such manner and including such information as the
Administrator determines is necessary for, or will promote, the
safe and efficient movement of aircraft in air commerce.
(4) Continuing applicability.--The requirements of section
1307 of title 44, United States Code, shall continue to apply
with respect to all aeronautical products created or published
by the Director of the Defense Mapping Agency in carrying out
the functions transferred to the Director under this paragraph;
except that the prices for such products shall be established
jointly by the Director and the Secretary of Transportation on
an annual basis.
(c) Transfer of Mapping, Charting, and Geodesy Functions to the
United States Geological Survey.--
(1) In general.--Except as provided in subsection (b),
there are hereby transferred to the Director of the United
States Geological Survey the functions relating to mapping,
charting, and geodesy authorized under the Act of August 7,
1947 (61 Stat. 787; 33 U.S.C. 883a).
(2) Termination of certain functions.--The Director of the
United States Geological Survey shall terminate any functions
transferred under paragraph (1) that are performed by the
private sector.
(d) NESDIS.--There are transferred to the National Scientific,
Oceanic, and Atmospheric Administration all functions and assets of the
National Oceanic and Atmospheric Administration that on the date
immediately before the effective date of this section were authorized
to be performed by the National Environmental Satellite, Data, and
Information System.
(e) OAR.--There are transferred to the National Scientific,
Oceanic, and Atmospheric Administration all functions and assets of the
National Oceanic and Atmospheric Administration (including global
programs) that on the date immediately before the effective date of
this section were authorized to be performed by the Office of Oceanic
and Atmospheric Research.
(f) NWS.--
(1) In general.--There are transferred to the National
Scientific, Oceanic, and Atmospheric Administration all
functions and assets of the National Oceanic and Atmospheric
Administration that on the date immediately before the
effective date of this section were authorized to be performed
by the National Weather Service.
(2) Duties.--To protect life and property and enhance the
national economy, the Administrator of Science, Oceans, and the
Atmosphere, through the National Weather Service, except as
outlined in paragraph (3), shall be responsible for the
following:
(A) Forecasts. The Administrator of Science,
Oceans, and the Atmosphere, through the National
Weather Service, shall serve as the sole official
source of severe weather warnings.
(B) Issuance of storm warnings.
(C) The collection, exchange, and distribution of
meteorological, hydrological, climatic, and
oceanographic data and information.
(D) The preparation of hydro-meteorological
guidance and core forecast information.
(3) Limitations on competition.--The National Weather
Service may not compete, or assist other entities to compete,
with the private sector to provide a service when that service
is currently provided or can be provided by a commercial
enterprise unless--
(A) the Administrator of Science, Oceans, and the
Atmosphere finds that the private sector is unwilling
or unable to provide the service; or
(B) the Administrator of Science, Oceans, and the
Atmosphere finds that the service provides vital
weather warnings and forecasts for the protection of
lives and property of the general public.
(4) Organic act amendments.--
(A) Amendments.--The Act of 1890 is amended--
(i) by striking section 3 (15 U.S.C. 313);
and
(ii) in section 9 (15 U.S.C. 317), by
striking ``Department of'' and all that follows
thereafter and inserting ``National Scientific,
Oceanic, and Atmospheric Administration.''.
(B) Definition.--For purposes of this paragraph,
the term ``Act of 1890'' means the Act entitled ``An
Act to increase the efficiency and reduce the expenses
of the Signal Corps of the Army, and to transfer the
Weather Bureau to the Department of Agriculture'',
approved October 1, 1890 (26 Stat. 653).
(5) Repeal.--Sections 706 and 707 of the Weather Service
Modernization Act (15 U.S.C. 313 note) are repealed.
(6) Conforming Amendments.--The Weather Service
Modernization Act (15 U.S.C. 313 note) is amended--
(A) in section 702, by striking paragraph (3) and
redesignating paragraphs (4) through (10) as paragraphs
(3) through (9), respectively; and
(B) in section 703--
(i) by striking ``(a) National
Implementation Plan.--'';
(ii) by striking paragraph (3) and
redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively; and
(iii) by striking subsections (b) and (c).
(g) Termination of the National Oceanic and Atmospheric
Administration Corps of Commissioned Officers.--
(1) Number of officers.--Notwithstanding section 8 of the
Act of June 3, 1948 (33 U.S.C. 853g), the total number of
commissioned officers on the active list of the National
Scientific, Oceanic, and Atmospheric Administration shall not
exceed--
(A) 358 as of September 30, 1996;
(B) 180 as of September 30, 1997; and
(C) 0 for any fiscal year beginning after September
30, 1998.
(2) Separation pay.--(A) Commissioned officers may be
separated from the active list of the National Scientific,
Oceanic, and Atmospheric Administration. Any officer so
separated because of paragraph (1) shall, subject to
subparagraph (B) and the availability of appropriations, be
eligible for separation pay under section 9 of the Act of June
3, 1948 (33 U.S.C. 853h) to the same extent as if such officer
had been separated under section 8 of such Act (33 U.S.C.
853g).
(B) Any officer who, under paragraph (4), transfers to
another of the uniformed services or becomes employed in a
civil service position shall not be eligible for separation pay
under this paragraph.
(C)(i) Any officer who receives separation pay under this
paragraph shall be required to repay the amount received if,
within 1 year after the date of the separation on which the
payment is based, such officer is reemployed in a civil service
position in the National Scientific, Oceanic, and Atmospheric
Administration, the duties of which position would formerly
have been performed by a commissioned officer, as determined by
the Administrator of Science, Oceans, and the Atmosphere.
(ii) A repayment under this subparagraph shall be made in a
lump sum or in such installments as the Administrator may
specify.
(D) In the case of any officer who makes a repayment under
subparagraph (C)--
(i) the National Scientific, Oceanic, and
Atmospheric Administration shall pay into the Civil
Service Retirement and Disability Fund, on such
officer's behalf, any deposit required under section
8422(e)(1) of title 5, United States Code, with respect
to any prior service performed by that individual as
such an officer; and
(ii) if the amount paid under clause (i) is less
than the amount of the repayment under subparagraph
(C), the National Scientific, Oceanic, and Atmospheric
Administration shall pay into the Government Securities
Investment Fund (established under section
8438(b)(1)(A) of title 5, United States Code), on such
individual's behalf, an amount equal to the difference.
The provisions of paragraph (5)(C)(iv) shall apply with respect
to any contribution to the Thrift Savings Plan made under
clause (ii).
(3) Priority placement program.--A priority placement
program similar to the programs described in section 3329b of
title 5, United States Code, as amended by section 2109, shall
be established by the National Scientific, Oceanic, and
Atmospheric Administration to assist commissioned officers who
are separated from the active list of the National Scientific,
Oceanic, and Atmospheric Administration because of paragraph
(1).
(4) Transfer.--(A) Subject to the approval of the Secretary
of Defense and under terms and conditions specified by the
Secretary, commissioned officers subject to paragraph (1) may
transfer to the Armed Forces under section 716 of title 10,
United States Code.
(B) Subject to the approval of the Secretary of
Transportation and under terms and conditions specified by the
Secretary, commissioned officers subject to paragraph (1) may
transfer to the United States Coast Guard under section 716 of
title 10, United States Code.
(C) Subject to the approval of the Administrator of
Science, Oceans, and the Atmosphere and under terms and
conditions specified by that Administrator, commissioned
officers subject to paragraph (1) may be employed by the
National Scientific, Oceanic, and Atmospheric Administration as
members of the civil service.
(5) Retirement provisions.--(A) For commissioned officers
who transfer under paragraph (4)(A) to the Armed Forces, the
National Scientific, Oceanic, and Atmospheric Administration
shall pay into the Department of Defense Military Retirement
Fund an amount, to be calculated by the Secretary of Defense in
consultation with the Secretary of the Treasury, equal to the
actuarial present value of any retired or retainer pay they
will draw upon retirement, including full credit for service in
the NOAA Corps. Any payment under this subparagraph shall, for
purposes of paragraph (2) of section 2206(g), be considered to
be an expenditure described in such paragraph.
(B) For commissioned officers who transfer under paragraph
(4)(B) to the United States Coast Guard, full credit for
service in the NOAA Corps shall be given for purposes of any
annuity or other similar benefit under the retirement system
for members of the United States Coast Guard, entitlement to
which is based on the separation of such officer.
(C)(i) For a commissioned officer who becomes employed in a
civil service position pursuant to paragraph (4)(C) and
thereupon becomes subject to the Federal Employees' Retirement
System, the National Scientific, Oceanic, and Atmospheric
Administration shall pay, on such officer's behalf--
(I) into the Civil Service Retirement and
Disability Fund, the amounts required under clause
(ii); and
(II) into the Government Securities Investment
Fund, the amount required under clause (iii).
(ii)(I) The amount required under this subclause is the
amount of any deposit required under section 8422(e)(1) of such
title 5 with respect to any prior service performed by the
individual as a commissioned officer of the National Oceanic
and Atmospheric Administration.
(II) To determine the amount required under this subclause,
first determine, for each year of service with respect to which
the deposit under subclause (I) relates, the product of the
normal-cost percentage for such year (as determined under the
last sentence of this subclause) multiplied by basic pay
received by the individual for any such service performed in
such year. Second, take the sum of the amounts determined for
the respective years under the first sentence. Finally,
subtract from such sum the amount of the deposit under
subclause (I). For purposes of the first sentence, the normal-
cost percentage for any year shall be as determined for such
year under the provisions of section 8423(a)(1) of title 5,
United States Code, except that, in the case of any year before
the first year for which any normal-cost percentage was
determined under such provisions, the normal-cost percentage
for such first year shall be used.
(iii) The amount required under this clause is the amount
by which the separation pay to which the officer would have
been entitled under the second sentence of paragraph (2)(A)
(assuming the conditions for receiving such separation pay have
been met) exceeds the amount of the deposit under clause
(ii)(I), if at all.
(iv)(I) Any contribution made under this subparagraph to
the Thrift Savings Plan shall not be subject to any otherwise
applicable limitation on contributions contained in the
Internal Revenue Code of 1986, and shall not be taken into
account in applying any such limitation to other contributions
or benefits under the Thrift Savings Plan, with respect to the
year in which the contribution is made.
(II) Such plan shall not be treated as failing to meet any
nondiscrimination requirement by reason of the making of such
contribution.
(6) Repeals.--(A) The following provisions of law are
repealed:
(i) The Coast and Geodetic Survey Commissioned
Officers' Act of 1948 (33 U.S.C. 853a-853o, 853p-853u).
(ii) The Act of February 16, 1929 (Chapter 221,
section 5; 45 Stat. 1187; 33 U.S.C. 852a).
(iii) The Act of January 19, 1942 (Chapter 6; 56
Stat. 6).
(iv) Section 9 of Public Law 87-649 (76 Stat. 495).
(v) The Act of May 22, 1917 (Chapter 20, section
16; 40 Stat. 87; 33 U.S.C. 854 et seq.).
(vi) The Act of December 3, 1942 (Chapter 670; 56
Stat. 1038.
(vii) Sections 1 through 5 of Public Law 91-621 (84
Stat. 1863; 33 U.S.C. 857-1 et seq.).
(viii) The Act of August 10, 1956 (Chapter 1041,
section 3; 70A Stat. 619; 33 U.S.C. 857a).
(ix) The Act of May 18, 1920 (Chapter 190, section
11; 41 Stat. 603; 33 U.S.C. 864).
(x) The Act of July 22, 1947 (Chapter 286; 61 Stat.
400; 33 U.S.C. 873, 874).
(xi) The Act of August 3, 1956 (Chapter 932; 70
Stat. 988; 33 U.S.C. 875, 876).
(xii) All other Acts inconsistent with this
subsection.
No repeal under this subparagraph shall affect any annuity or
other similar benefit payable, under any provision of law so
repealed, based on the separation of any individual from the
NOAA Corps or its successor on or before September 30, 1998.
Any authority exercised by the Secretary of Commerce or his
designee with respect to any such benefits shall be exercised
by the Administrator of Science, Oceans, and the Atmosphere,
and any authorization of appropriations relating to those
benefits, which is in effect as of September 30, 1998, shall be
considered to have remained in effect.
(B) The effective date of the repeals under subparagraph
(A) shall be October 1, 1998.
(C)(i) All laws relating to the retirement of commissioned
officers of the Navy shall apply to commissioned officers of
the former Commissioned Officers Corps of the National Oceanic
and Atmospheric Administration and its predecessors.
(ii) Active service of officers of the former Commissioned
Officers Corps of the National Oceanic and Atmospheric
Administration and its predecessors who have retired from the
Commissioned Officers Corps shall be deemed to be active
military service in the United States Navy for purposes of all
rights, privileges, immunities, and benefits provided to
retired commissioned officers of the Navy by the laws and
regulations of the United States and any agency thereof. In the
Administration of those laws and regulations with respect to
retired officers of the former Commissioned Officers Corps of
the National Oceanic and Atmospheric Administration and its
predecessors, the authority of the Secretary of the Navy shall
be exercised by the Administrator of Science, Oceans, and the
Atmosphere.
(iii) For purposes of this subparagraph, the term ``its
predecessors'' means the former Commissioned Officers Corps of
the Environmental Science Services Administration and the
former Commissioned Officers Corps of the Coast and Geodetic
Survey.
(7) Creditability of noaa service for purposes relating to
reductions in force.--A commissioned officer who is separated
from the active list of the National Oceanic and Atmospheric
Administration or its successor because of paragraph (1) shall,
for purposes of any subsequent reduction in force, receive
credit for any period of service performed as such an officer
before separation from such list to the same extent and in the
same manner as if it had been a period of active service in the
Armed Forces.
(8) Abolition.--The Office of the National Oceanic and
Atmospheric Administration Corps of Operations or its successor
and the Commissioned Personnel Center are abolished effective
September 30, 1998.
(h) NOAA Fleet.--
(1) Service contracts.--Notwithstanding any other provision
of law and subject to the availability of appropriations, the
Administrator of Science, Oceans, and the Atmosphere shall
enter into contracts, including multiyear contracts, subject to
paragraph (3), for the use of vessels to conduct oceanographic
research and fisheries research, monitoring, enforcement, and
management, and to acquire other data necessary to carry out
the missions of the National Scientific, Oceanic, and
Atmospheric Administration. The Administrator of Science,
Oceans, and the Atmosphere shall enter into these contracts
unless--
(A) the cost of the contract is more than the cost
(including the cost of vessel operation, maintenance,
and all personnel) to the National Scientific, Oceanic,
and Atmospheric Administration of obtaining those
services on vessels of the National Scientific,
Oceanic, and Atmospheric Administration;
(B) the contract is for more than 7 years; or
(C) the data is acquired through a vessel agreement
pursuant to paragraph (4).
(2) Vessels.--The Administrator of Science, Oceans, and the
Atmosphere may not enter into any contract for the
construction, lease-purchase, upgrade, or service life
extension of any vessel.
(3) Multiyear contracts.--
(A) In general.--Subject to subparagraphs (B) and
(C), and notwithstanding section 1341 of title 31,
United States Code, and section 11 of title 41, United
States Code, the Administrator of Science, Oceans, and
the Atmosphere may acquire data under multiyear
contracts.
(B) Required findings.--The Administrator of
Science, Oceans, and the Atmosphere may not enter into
a contract pursuant to this paragraph unless such
Administrator finds with respect to that contract that
there is a reasonable expectation that throughout the
contemplated contract period the Administrator will
request from Congress funding for the contract at the
level required to avoid contract termination.
(C) Required provisions.--The Administrator of
Science, Oceans, and the Atmosphere may not enter into
a contract pursuant to this paragraph unless the
contract includes--
(i) a provision under which the obligation
of the United States to make payments under the
contract for any fiscal year is subject to the
availability of appropriations provided in
advance for those payments;
(ii) a provision that specifies the term of
effectiveness of the contract; and
(iii) appropriate provisions under which,
in case of any termination of the contract
before the end of the term specified pursuant
to clause (ii), the United States shall only be
liable for the lesser of--
(I) an amount specified in the
contract for such a termination; or
(II) amounts that were appropriated
before the date of the termination for
the performance of the contract or for
procurement of the type of acquisition
covered by the contract and are
unobligated on the date of the
termination.
(4) Vessel agreements.--The Administrator of Science,
Oceans, and the Atmosphere shall use excess capacity of
University National Oceanographic Laboratory System vessels
where appropriate and may enter into memoranda of agreement
with the operators of these vessels to carry out this
requirement.
(5) Transfer of excess vessels.--The Administrator of
Science, Oceans, and the Atmosphere shall transfer any vessels
over 1,500 gross tons that are excess to the needs of the
National Scientific, Oceanic, and Atmospheric Administration to
the National Defense Reserve Fleet. Notwithstanding any other
provision of law, these vessels may be scrapped in accordance
with section 510(i) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1160(i)).
(i) National Marine Fisheries Service.--(1) There are transferred
to the National Scientific, Oceanic, and Atmospheric Administration all
functions that on the day before the effective date of this section
were authorized by law to be performed by the National Marine Fisheries
Service.
(2) Notwithstanding any other provision of law, the National Marine
Fisheries Service may not affect on-land activities under the
Endangered Species Act of 1973 for salmon recovery in the State of
Idaho (16 U.S.C. 1531 et seq.).
(j) National Ocean Service.--Except as otherwise provided in this
title, there are transferred to the National Scientific, Oceanic, and
Atmospheric Administration all functions and assets of the National
Oceanic and Atmospheric Administration that on the date immediately
before the effective date of this section were authorized to be
performed by the National Ocean Service (including the Coastal Ocean
Program).
(k) Transfer of Coastal Nonpoint Pollution Control Functions.--
There are transferred to the Administrator of the Environmental
Protection Agency the functions under section 6217 of the Omnibus
Budget Reconciliation Act of 1990 (16 U.S.C. 1455b) that on the day
before the effective date of this section were vested in the Secretary
of Commerce.
SEC. 2206. NATIONAL SCIENTIFIC, OCEANIC, AND ATMOSPHERIC
ADMINISTRATION.
(a) Establishment.--There is established as an independent agency
in the Executive Branch the National Scientific, Oceanic, and
Atmospheric Administration (in this section referred to as the
``NSOAA''). The NSOAA, and all functions and offices transferred to it
under this title, shall be administered under the supervision and
direction of an Administrator of Science, Oceans, and the Atmosphere.
The Administrator of Science, Oceans, and the Atmosphere shall be
appointed by the President, by and with the advice and consent of the
Senate, and shall receive basic pay at the rate payable for level II of
the Executive Schedule under section 5313 of title 5, United States
Code. The Administrator of Science, Oceans, and the Atmosphere shall
additionally perform the functions previously performed by the
Administrator of the National Oceanic and Atmospheric Administration.
(b) Principal Officer.--There shall be in the NSOAA, on the
transfer of functions and offices under this title, a Director of the
National Bureau of Standards, who shall be appointed by the President,
by and with the advice and consent of the Senate, and who shall receive
basic pay at the rate payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(c) Additional Officers.--There shall be in the NSOAA--
(1) a Chief Financial Officer of the NSOAA, to be appointed
by the President, by and with the advice and consent of the
Senate;
(2) a Chief of External Affairs, to be appointed by the
President, by and with the advice and consent of the Senate;
(3) a General Counsel, to be appointed by the President, by
and with the advice and consent of the Senate; and
(4) an Inspector General, to be appointed in accordance
with the Inspector General Act of 1978.
Each Officer appointed under this subsection shall receive basic pay at
the rate payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(d) Transfer of Functions and Offices.--Except as otherwise
provided in this title, there are transferred to the NSOAA--
(1) the functions and offices of the National Oceanic and
Atmospheric Administration, as provided in section 2205;
(2) the National Bureau of Standards, along with its
functions and offices, as provided in section 2202; and
(3) the Office of Space Commerce, along with its functions
and offices.
(e) Elimination of Positions.--The Administrator of Science,
Oceans, and the Atmosphere may eliminate positions that are no longer
necessary because of the termination of functions under this section,
section 2202, and section 2205.
(f) Agency Terminations.--
(1) Terminations.--On the date specified in section
2208(a), the following shall terminate:
(A) The Office of the Deputy Administrator and
Assistant Secretary of the National Oceanic and
Atmospheric Administration.
(B) The Office of the Deputy Under Secretary of the
National Oceanic and Atmospheric Administration.
(C) The Office of the Chief Scientist of the
National Oceanic and Atmospheric Administration.
(D) The position of Deputy Assistant Secretary for
Oceans and Atmosphere.
(E) The position of Deputy Assistant Secretary for
International Affairs.
(F) Any office of the National Oceanic and
Atmospheric Administration or the National Bureau of
Standards whose primary purpose is to perform high
performance computing communications, legislative,
personnel, public relations, budget, constituent,
intergovernmental, international, policy and strategic
planning, sustainable development, administrative,
financial, educational, legal and coordination
functions. These functions shall, as necessary, be
performed only by officers described in subsection (c).
(G) The position of Associate Director of the
National Institute of Standards and Technology.
(2) Termination of executive schedule positions.--Each
position which was expressly authorized by law, or the
incumbent of which was authorized to receive compensation at
the rate prescribed for levels I through V of the Executive
Schedule under sections 5312 through 5315 of title 5, United
States Code, in an office terminated pursuant to this section,
section 2202, and section 2205 shall also terminate.
(g) Funding Reductions Resulting From Reorganization.--
(1) Funding reductions.--Notwithstanding the transfer of
functions under this subtitle, the total amount obligated or
expended by the United States in performing all functions
vested in the National Scientific, Oceanic, and Atmospheric
Administration pursuant to this subtitle shall not exceed--
(A) for the first fiscal year that begins after the
abolishment date specified in section 2101(c), 75
percent of the total amount appropriated for fiscal
year 1995 for the performance of all functions vested
in the National Oceanic and Atmospheric Administration,
the National Institute of Standards and Technology, and
the Office of Space Commerce, except for those
functions transferred under section 2205 to agencies or
departments other than the National Scientific,
Oceanic, and Atmospheric Administration; and
(B) for the second fiscal year that begins after
the abolishment date specified in section 2101(c) and
for each fiscal year thereafter, 65 percent of the
total amount appropriated for fiscal year 1995 for the
performance of all functions vested in the National
Oceanic and Atmospheric Administration, the National
Institute of Standards and Technology, and the Office
of Space Commerce, except for those functions
transferred under section 22045 to agencies or
departments other than the National Scientific,
Oceanic, and Atmospheric Administration.
(2) Exception.--Paragraph (1) shall not apply to
obligations or expenditures incurred as a direct consequence of
the termination, transfer, or other disposition of functions
described in paragraph (1) pursuant to this subtitle.
(3) Rule of construction.--This subsection shall take
precedence over any other provision of law unless such
provision explicitly refers to this section and makes an
exception to it.
(4) Responsibility of national scientific, oceanic, and
atmospheric administration.--The National Scientific, Oceanic,
and Atmospheric Administration, in consultation with the
Director of the Office of Management and Budget, shall make
such modifications in programs as are necessary to carry out
the reductions in appropriations set forth in subparagraphs (A)
and (B) of paragraph (1).
(5) Responsibilities of the director of the office of
management and budget.--The Director of the Office of
Management and Budget shall include in each report under
sections 2105(a) and (b) a description of actions taken to
comply with the requirements of this subsection.
SEC. 2207. MISCELLANEOUS TERMINATIONS; MORATORIUM ON PROGRAM
ACTIVITIES.
(a) Terminations.--The following agencies and programs of the
Department of Commerce are terminated:
(1) The Minority Business Development Administration.
(2) The United States Travel and Tourism Administration.
(3) The programs and activities of the National
Telecommunications and Information Administration referred to
in section 2204(a).
(4) The Advanced Technology Program under section 28 of the
National Institute of Standards and Technology Act (15 U.S.C.
278n).
(5) The Manufacturing Extension Programs under sections 25
and 26 of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l).
(6) The National Institute of Standards and Technology
METRIC Program.
(b) Moratorium on Program Activities.--The authority to make
grants, enter into contracts, provide assistance, incur obligations, or
provide commitments (including any enlargement of existing obligations
or commitments, except if required by law) with respect to the agencies
and programs described in subsection (a) is terminated effective on the
date of the enactment of this title.
SEC. 2208. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
subtitle shall take effect on the abolishment date specified in section
2101(c).
(b) Provisions Effective on Date of Enactment.--The following
provisions of this subtitle shall take effect on the date of the
enactment of this Act:
(1) Section 2201.
(2) Section 2205(g), except as otherwise provided in that
section.
(3) Section 2207(b).
(4) This section.
Subtitle C--Office of United States Trade Representative
CHAPTER 1--GENERAL PROVISIONS
SEC. 2301. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``Office'' means the Office of the United
States Trade Representative;
(2) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code; and
(3) the term ``USTR'' means the United States Trade
Representative as provided for under section 2311.
CHAPTER 2--OFFICE OF UNITED STATES TRADE REPRESENTATIVE
Subchapter A--Establishment
SEC. 2311. ESTABLISHMENT OF THE OFFICE.
(a) In General.--The Office of the United States Trade
Representative is established as an independent establishment in the
executive branch of Government as defined under section 104 of title 5,
United States Code. The United States Trade Representative shall be the
head of the Office and shall be appointed by the President, by and with
the advice and consent of the Senate.
(b) Ambassador Status.--The USTR shall have the rank and status of
Ambassador and shall represent the United States in all trade
negotiations conducted by the Office.
(c) Continued Service of Current USTR.--The individual serving as
United States Trade Representative on the date immediately preceding
the effective date of this subtitle may continue to serve as USTR under
subsection (a).
(d) Successor to the Department of Commerce.--The Office shall be
the successor to the Department of Commerce for purposes of protocol.
SEC. 2312. FUNCTIONS OF THE USTR.
(a) In General.--In addition to the functions transferred to the
USTR by this subtitle, such other functions as the President may assign
or delegate to the USTR, and such other functions as the USTR may,
after the effective date of this subtitle, be required to carry out by
law, the USTR shall--
(1) serve as the principal advisor to the President on
international trade policy and advise the President on the
impact of other policies of the United States Government on
international trade;
(2) exercise primary responsibility, with the advice of the
interagency organization established under section 242 of the
Trade Expansion Act of 1962, for developing and implementing
international trade policy, including commodity matters and, to
the extent related to international trade policy, direct
investment matters and, in exercising such responsibility,
advance and implement, as the primary mandate of the Office,
the goals of the United States to--
(A) maintain United States leadership in
international trade liberalization and expansion
efforts;
(B) reinvigorate the ability of the United States
economy to compete in international markets and to
respond flexibly to changes in international
competition; and
(C) expand United States participation in
international trade through aggressive promotion and
marketing of goods and services that are products of
the United States;
(3) exercise lead responsibility for the conduct of
international trade negotiations, including negotiations
relating to commodity matters and, to the extent that such
negotiations are related to international trade, direct
investment negotiations;
(4) exercise lead responsibility for the establishment of a
national export strategy, including policies designed to
implement such strategy;
(5) with the advice of the interagency organization
established under section 242 of the Trade Expansion Act of
1962, issue policy guidance to other Federal agencies on
international trade, commodity, and direct investment functions
to the extent necessary to assure the coordination of
international trade policy;
(6) seek and promote new opportunities for United States
products and services to compete in the world marketplace;
(7) assist small businesses in developing export markets;
(8) enforce the laws of the United States relating to
trade;
(9) analyze economic trends and developments;
(10) report directly to the Congress--
(A) on the administration of, and matters
pertaining to, the trade agreements program under the
Omnibus Trade and Competitiveness Act of 1988, the
Trade Act of 1974, the Trade Expansion Act of 1962,
section 350 of the Tariff Act of 1930, and any other
provision of law enacted after this Act; and
(B) with respect to other important issues
pertaining to international trade;
(11) keep each official adviser to the United States
delegations to international conferences, meetings, and
negotiation sessions relating to trade agreements who is
appointed from the Committee on Finance of the Senate or the
Committee on Ways and Means of the House of Representatives
under section 161 of the Trade Act of 1974 currently informed
on United States negotiating objectives with respect to trade
agreements, the status of negotiations in progress with respect
to such agreements, and the nature of any changes in domestic
law or the administration thereof which the USTR may recommend
to the Congress to carry out any trade agreement;
(12) consult and cooperate with State and local governments
and other interested parties on international trade matters of
interest to such governments and parties, and to the extent
related to international trade matters, on investment matters,
and, when appropriate, hold informal public hearings;
(13) serve as the principal advisor to the President on
Government policies designed to contribute to enhancing the
ability of United States industry and services to compete in
international markets;
(14) develop recommendations for national strategies and
specific policies intended to enhance the productivity and
international competitiveness of United States industries;
(15) serve as the principal advisor to the President in
identifying and assessing the consequences of any Government
policies that adversely affect, or have the potential to
adversely affect, the international competitiveness of United
States industries and services;
(16) promote cooperation between business, labor, and
Government to improve industrial performance and the ability of
United States industries to compete in international markets
and to facilitate consultation and communication between the
Government and the private sector about domestic industrial
performance and prospects and the performance and prospects of
foreign competitors; and
(17) monitor and enforce foreign government compliance with
international trade agreements to protect United States
interests.
(b) Interagency Organization.--The USTR shall be the chairperson of
the interagency organization established under section 242 of the Trade
Expansion Act of 1962.
(c) National Security Council.--The USTR shall be a member of the
National Security Council.
(d) Advisory Council.--The USTR shall be Deputy Chairman of the
National Advisory Council on International Monetary and Financial
Policies established under Executive Order 11269, issued February 14,
1966.
(e) Agriculture.--(1) The USTR shall consult with the Secretary of
Agriculture or the designee of the Secretary of Agriculture on all
matters that potentially involve international trade in agricultural
products.
(2) If an international meeting for negotiation or consultation
includes discussion of international trade in agricultural products,
the USTR or the designee of the USTR shall be Chairman of the United
States delegation to such meeting and the Secretary of Agriculture or
the designee of such Secretary shall be Vice Chairman. The provisions
of this paragraph shall not limit the authority of the USTR under
subsection (h) to assign to the Secretary of Agriculture responsibility
for the conduct of, or participation in, any trade negotiation or
meeting.
(f) Trade Promotion.--The USTR shall be the chairperson of the
Trade Promotion Coordinating Committee.
(g) National Economic Council.--The USTR shall be a member of the
National Economic Council established under Executive Order No. 12835,
issued January 25, 1993.
(h) International Trade Negotiations.--Except where expressly
prohibited by law, the USTR, at the request or with the concurrence of
the head of any other Federal agency, may assign the responsibility for
conducting or participating in any specific international trade
negotiation or meeting to the head of such agency whenever the USTR
determines that the subject matter of such international trade
negotiation is related to the functions carried out by such agency.
Subchapter B--Officers
SEC. 2321. DEPUTY ADMINISTRATOR OF THE OFFICE.
(a) Establishment.--There shall be in the Office the Deputy
Administrator of the Office of the United States Trade Representative,
who shall be appointed by the President, by and with the advice and
consent of the Senate.
(b) Absence, Disability, or Vacancy of USTR.--The Deputy
Administrator of the Office of the United States Trade Representative
shall act for and exercise the functions of the USTR during the absence
or disability of the USTR or in the event the office of the USTR
becomes vacant. The Deputy Administrator shall act for and exercise the
functions of the USTR until the absence or disability of the USTR no
longer exists or a successor to the USTR has been appointed by the
President and confirmed by the Senate.
(c) Functions of Deputy Administrator.--The Deputy Administrator of
the Office of the United States Trade Representative shall exercise all
functions, under the direction of the USTR, transferred to or
established in the Office, except those functions exercised by the
Deputy United States Trade Representatives, the Director General for
Export Promotion, the Inspector General, and the General Counsel of the
Office, as provided by this subtitle.
SEC. 2322. DEPUTY UNITED STATES TRADE REPRESENTATIVES.
(a) Establishment.--There shall be in the Office 2 Deputy United
States Trade Representatives, who shall be appointed by the President,
by and with the advice and consent of the Senate. The Deputy United
States Trade Representatives shall exercise all functions under the
direction of the USTR, and shall include--
(1) the Deputy United States Trade Representative for
Negotiations; and
(2) the Deputy United States Trade Representative to the
World Trade Organization.
(b) Functions of Deputy United States Trade Representatives.--(1)
The Deputy United States Trade Representative for Negotiations shall
exercise all functions transferred under section 2331 and shall have
the rank and status of Ambassador.
(2) The Deputy United States Trade Representative to the World
Trade Organization shall exercise all functions relating to
representation to the World Trade Organization and shall have the rank
and status of Ambassador.
SEC. 2323. ASSISTANT ADMINISTRATORS.
(a) Establishment.--There shall be in the Office 3 Assistant
Administrators, who shall be appointed by the President, by and with
the advice and consent of the Senate. The Assistant Administrators
shall exercise all functions under the direction of the Deputy
Administrator of the Office of the United States Trade Representative
and include--
(1) the Assistant Administrator for Export Administration;
(2) the Assistant Administrator for Import Administration;
and
(3) the Assistant Administrator for Trade and Policy
Analysis.
(b) Functions of Assistant Administrators.--(1) The Assistant
Administrator for Export Administration shall exercise all functions
transferred under section 2332(1)(C).
(2) The Assistant Administrator for Import Administration shall
exercise all functions transferred under section 2332(1)(D).
(3) The Assistant Administrator for Trade and Policy Analysis shall
exercise all functions transferred under section 2332(1)(B) and all
functions transferred under section 2332(2).
SEC. 2324. DIRECTOR GENERAL FOR EXPORT PROMOTION.
(a) Establishment.--There shall be a Director General for Export
Promotion, who shall be appointed by the President, by and with the
advice and consent of the Senate.
(b) Functions.--The Director General for Export Promotion shall
exercise, under the direction of the USTR, all functions transferred
under sections 2332(1)(A) (relating to functions of the United States
and Foreign Commercial Service) and 2333 and shall have the rank and
status of Ambassador.
SEC. 2325. GENERAL COUNSEL.
There shall be in the Office a General Counsel, who shall be
appointed by the President, by and with the advice and consent of the
Senate. The General Counsel shall provide legal assistance to the USTR
concerning the activities, programs, and policies of the Office.
SEC. 2326. INSPECTOR GENERAL.
There shall be in the Office an Inspector General who shall be
appointed in accordance with the Inspector General Act of 1978, as
amended by section 2371(b) of this Act.
SEC. 2327. CHIEF FINANCIAL OFFICER.
There shall be in the Office a Chief Financial Officer who shall be
appointed in accordance with section 901 of title 31, United States
Code, as amended by section 2371(e) of this Act. The Chief Financial
Officer shall perform all functions prescribed by the Deputy
Administrator of the Office of the United States Trade Representative,
under the direction of the Deputy Administrator.
Subchapter C--Transfers to the Office
SEC. 2331. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.
There are transferred to the USTR all functions of the United
States Trade Representative and the Office of the United States Trade
Representative in the Executive Office of the President and all
functions of any officer or employee of such Office.
SEC. 2332. TRANSFERS FROM THE DEPARTMENT OF COMMERCE.
There are transferred to the USTR the following functions:
(1) All functions of, and all functions performed under the
direction of, the following officers and employees of the
Department of Commerce:
(A) The Under Secretary of Commerce for
International Trade, and the Director General of the
United States and Foreign Commercial Service, relating
to all functions exercised by the Service.
(B) The Assistant Secretary of Commerce for
International Economic Policy and the Assistant
Secretary of Commerce for Trade Development.
(C) The Under Secretary of Commerce for Export
Administration.
(D) The Assistant Secretary of Commerce for Import
Administration.
(2) All functions of the Secretary of Commerce relating to
the National Trade Data Bank.
(3) All functions of the Secretary of Commerce under the
Tariff Act of 1930, the Uruguay Round Agreements Act, the Trade
Act of 1974, and other trade-related Acts for which
responsibility is not otherwise assigned under this subtitle.
SEC. 2333. TRADE AND DEVELOPMENT AGENCY.
There are transferred to the Director General for Export Promotion
all functions of the Director of the Trade and Development Agency.
There are transferred to the Office of the Director General for Export
Promotion all functions of the Trade and Development Agency.
SEC. 2334. EXPORT-IMPORT BANK.
(a) In General.--(1) There are transferred to the USTR all
functions of the Secretary of Commerce relating to the Export-Import
Bank of the United States.
(2) Section 3(c)(1) of the Export-Import Bank Act of 1945 (12
U.S.C. 635a(c)(1)) is amended to read as follows:
``(c)(1) There shall be a Board of Directors of the Bank consisting
of the United States Trade Representative (who shall serve as
Chairman), the President of the Export-Import Bank of the United States
(who shall serve as Vice Chairman), the first Vice President, and 2
additional persons appointed by the President of the United States, by
and with the advice and consent of the Senate.''.
(b) Ex Officio Member of Export-Import Bank Board of Directors.--
The Director General for Export Promotion shall serve as an ex officio
nonvoting member of the Board of Directors of the Export-Import Bank.
(c) Amendments to Related Banking and Trade Acts.--Section 2301(h)
of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4721(h)) is amended to read as follows:
``(h) Assistance to Export-Import Bank.--The Commercial Service
shall provide such services as the Director General for Export
Promotion of the Office of the United States Trade Representative
determines necessary to assist the Export-Import Bank of the United
States to carry out the lending, loan guarantee, insurance, and other
activities of the Bank.''.
SEC. 2335. OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Board of Directors.--The second and third sentences of section
233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) are
amended to read as follows: ``The United States Trade Representative
shall be the Chairman of the Board. The Administrator of the Agency for
International Development (who shall serve as Vice Chairman) shall
serve on the Board.''.
(b) Ex Officio Member of Overseas Private Investment Corporation
Board of Directors.--The Director General for Export Promotion shall
serve as an ex officio nonvoting member of the Board of Directors of
the Overseas Private Investment Corporation.
SEC. 2336. CONSOLIDATION OF EXPORT PROMOTION AND FINANCING ACTIVITIES.
(a) Submission of Plan.--Within 180 days after the date of the
enactment of this Act, the President shall transmit to the Congress a
comprehensive plan to consolidate Federal nonagricultural export
promotion activities and export financing activities and to transfer
those functions to the Office. The plan shall provide for--
(1) the elimination of the overlap and duplication among
all Federal nonagricultural export promotion activities and
export financing activities;
(2) a unified budget for Federal nonagricultural export
promotion activities which eliminates funding for the areas of
overlap and duplication identified under paragraph (1); and
(3) a long-term agenda for developing better cooperation
between local, State and Federal programs and activities
designed to stimulate or assist United States businesses in
exporting nonagricultural goods or services that are products
of the United States, including sharing of facilities, costs,
and export market research data.
(b) Plan Elements.--The plan under subsection (a) shall--
(1) place all Federal nonagricultural export promotion
activities and export financing activities within the Office;
(2) provide clear authority for the USTR to use the
expertise and assistance of other United States Government
agencies;
(3) achieve an overall 25 percent reduction in the amount
of funding for all Federal nonagricultural export promotion
activities within 2 years after the enactment of this Act;
(4) include any functions of the Department of Commerce not
transferred by this subtitle, or of other Federal departments
the transfer of which to the Office would be necessary to the
competitiveness of the United States in international trade;
and
(5) assess the feasibility and potential savings resulting
from--
(A) the consolidation of the Export-Import Bank of
the United States and the Overseas Private Investment
Corporation;
(B) the consolidation of the Boards of Directors of
the Export-Import Bank and the Overseas Private
Investment Corporation; and
(C) the consolidation of the Trade and Development
Agency with the consolidations under subparagraphs (A)
and (B).
(c) Definition.--As used in this section, the term ``Federal
nonagricultural export promotion activities'' means all programs or
activities of any department or agency of the Federal Government
(including, but not limited to, departments and agencies with
representatives on the Trade Promotion Coordinating Committee
established under section 2312 of the Export Enhancement Act of 1988
(15 U.S.C. 4727)) that are designed to stimulate or assist United
States businesses in exporting nonagricultural goods or services that
are products of the United States, including trade missions.
SEC. 2337. ADDITIONAL TRADE FUNCTIONS.
(a) Termination of Authorizations of Appropriations.--
(1) NAFTA secretariat.--Section 105(b) of the North
American Free Trade Agreement Implementation Act (19 U.S.C.
3315(b)) is amended by striking ``each fiscal year after fiscal
year 1993'' and inserting ``each of fiscal years 1994 and
1995''.
(2) Border environment cooperation commission.--Section
533(a)(2) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3473(a)(2)) is amended by
striking ``and each fiscal year thereafter'' and inserting
``fiscal year 1995''.
(b) Functions Related to Textile Agreements.--
(1) Functions of cita.--(A) Subject to subparagraph (B),
those functions delegated to the Committee for the
Implementation of Textile Agreements established under
Executive Order 11651 (7 U.S.C. 1854 note) (hereafter in this
subsection referred to as ``CITA'') are transferred to the
USTR.
(B) Those functions delegated to CITA that relate to the
assessment of the impact of textile imports on domestic
industry are transferred to the International Trade Commission.
The International Trade Commission shall make a determination
pursuant to the preceding sentence within 60 days after
receiving a complaint or request for an investigation.
(2) Abolition of cita.--CITA is abolished.
Subchapter D--Administrative Provisions
SEC. 2341. PERSONNEL PROVISIONS.
(a) Appointments.--The USTR may appoint and fix the compensation of
such officers and employees, including investigators, attorneys, and
administrative law judges, as may be necessary to carry out the
functions of the USTR and the Office. Except as otherwise provided by
law, such officers and employees shall be appointed in accordance with
the civil service laws and their compensation fixed in accordance with
title 5, United States Code.
(b) Positions Above GS-15.--(1) At the request of the USTR, the
Director of the Office of Personnel Management shall, under section
5108 of title 5, United States Code, provide for the establishment in a
grade level above GS-15 of the General Service, and in the Senior
Executive Service, of a number of positions in the Office equal to the
number of positions in that grade level which were used primarily for
the performance of functions and offices transferred by this subtitle
and which were assigned and filled on the day before the effective date
of this subtitle.
(2) Appointments to positions provided for under this subsection
may be made without regard to the provisions of section 3324 of title
5, United States Code, if the individual appointed in such position is
an individual who is transferred in connection with the transfer of
functions and offices under this subtitle and, on the day before the
effective date of this subtitle, holds a position and has duties
comparable to those of the position to which appointed under this
subsection.
(3) The authority under this subsection with respect to any
position established at a grade level above GS-15 shall terminate when
the person first appointed to fill such position ceases to hold such
position.
(4) For purposes of section 414(a)(3)(A) of the Civil Service
Reform Act of 1978, an individual appointed under this subsection shall
be deemed to occupy the same position as the individual occupied on the
day before the effective date of this subtitle.
(c) Experts and Consultants.--The USTR may obtain the services of
experts and consultants in accordance with section 3109 of title 5,
United States Code, and compensate such experts and consultants for
each day (including traveltime) at rates not in excess of the maximum
rate of pay for a position above GS-15 of the General Schedule under
section 5332 of such title. The USTR may pay experts and consultants
who are serving away from their homes or regular place of business
travel expenses and per diem in lieu of subsistence at rates authorized
by sections 5702 and 5703 of such title for persons in Government
service employed intermittently.
(d) Voluntary Services.--(1)(A) The USTR is authorized to accept
voluntary and uncompensated services without regard to the provisions
of section 1342 of title 31, United States Code, if such services will
not be used to displace Federal employees employed on a full-time,
part-time, or seasonal basis.
(B) The USTR is authorized to accept volunteer service in
accordance with the provisions of section 3111 of title 5, United
States Code.
(2) The USTR is authorized to provide for incidental expenses,
including but not limited to transportation, lodging, and subsistence
for individuals who provide voluntary services under subparagraph (A)
or (B) of paragraph (1).
(3) An individual who provides voluntary services under paragraph
(1)(A) shall not be considered a Federal employee for any purpose other
than for purposes of chapter 81 of title 5, United States Code,
relating to compensation for work injuries, and chapter 171 of title
28, United States Code, relating to tort claims.
(e) Foreign Service Positions.--In order to assure United States
representation in trade matters at a level commensurate with the level
of representation maintained by industrial nations which are major
trade competitors of the United States, the Secretary of State shall
classify certain positions at Foreign Service posts as commercial
minister positions and shall assign members of the Foreign Service
performing functions of the Office, with the concurrence of the USTR,
to such positions in nations which are major trade competitors of the
United States. The Secretary of State shall obtain and use the
recommendations of the USTR with respect to the number of positions to
be so classified under this subsection.
SEC. 2342. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law or otherwise
provided by this subtitle, the USTR may delegate any of the functions
transferred to the USTR by this subtitle and any function transferred
or granted to the USTR after the effective date of this subtitle to
such officers and employees of the Office as the USTR may designate,
and may authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions by the USTR under
this section or under any other provision of this subtitle shall
relieve the USTR of responsibility for the administration of such
functions.
SEC. 2343. SUCCESSION.
(a) Order of Succession.--Subject to the authority of the
President, and except as provided in section 2321(b), the USTR shall
prescribe the order by which officers of the Office who are appointed
by the President, by and with the advice and consent of the Senate,
shall act for, and perform the functions of, the USTR or any other
officer of the Office appointed by the President, by and with the
advice and consent of the Senate, during the absence or disability of
the USTR or such other officer, or in the event of a vacancy in the
office of the USTR or such other officer.
(b) Continuation.--Notwithstanding any other provision of law, and
unless the President directs otherwise, an individual acting for the
USTR or another officer of the Office pursuant to subsection (a) shall
continue to serve in that capacity until the absence or disability of
the USTR or such other officer no longer exists or a successor to the
USTR or such other officer has been appointed by the President and
confirmed by the Senate.
SEC. 2344. REORGANIZATION.
(a) In General.--Subject to subsection (b), the USTR is authorized
to allocate or reallocate functions among the officers of the Office,
and to establish, consolidate, alter, or discontinue such
organizational entities in the Office as may be necessary or
appropriate.
(b) Exception.--The USTR may not exercise the authority under
subsection (a) to establish, consolidate, alter, or discontinue any
organizational entity in the Office or allocate or reallocate any
function of an officer or employee of the Office that is inconsistent
with any specific provision of this subtitle.
SEC. 2345. RULES.
The USTR is authorized to prescribe, in accordance with the
provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the USTR determines necessary or appropriate
to administer and manage the functions of the USTR or the Office.
SEC. 2346. FUNDS TRANSFER.
The USTR may, when authorized in an appropriation Act in any fiscal
year, transfer funds from one appropriation to another within the
Office, except that no appropriation for any fiscal year shall be
either increased or decreased by more than 10 percent and no such
transfer shall result in increasing any such appropriation above the
amount authorized to be appropriated therefor.
SEC. 2347. CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS.
(a) In General.--Subject to the provisions of the Federal Property
and Administrative Services Act of 1949, the USTR may make, enter into,
and perform such contracts, leases, cooperative agreements, grants, or
other similar transactions with public agencies, private organizations,
and persons, and make payments (in lump sum or installments, and by way
of advance or reimbursement, and, in the case of any grant, with
necessary adjustments on account of overpayments and underpayments) as
the USTR considers necessary or appropriate to carry out the functions
of the USTR or the Office.
(b) Exception.--Notwithstanding any other provision of this
subtitle, the authority to enter into contracts or to make payments
under this subchapter shall be effective only to such extent or in such
amounts as are provided in advance in appropriation Acts. This
subsection does not apply with respect to the authority granted under
section 2349.
SEC. 2348. USE OF FACILITIES.
(a) Use by USTR.--With their consent, the USTR, with or without
reimbursement, may use the research, services, equipment, and
facilities of--
(1) an individual,
(2) any public or private nonprofit agency or organization,
including any agency or instrumentality of the United States or
of any State, the District of Columbia, the Commonwealth of
Puerto Rico, or any territory or possession of the United
States,
(3) any political subdivision of any State, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States, or
(4) any foreign government,
in carrying out any function of the USTR or the Office.
(b) Use of USTR Facilities.--The USTR, under terms, at rates, and
for periods that the USTR considers to be in the public interest, may
permit the use by public and private agencies, corporations,
associations or other organizations, or individuals, of any real
property, or any facility, structure or other improvement thereon,
under the custody of the USTR. The USTR may require permittees under
this section to maintain or recondition, at their own expense, the real
property, facilities, structures, and improvements used by such
permittees.
SEC. 2349. GIFTS AND BEQUESTS.
(a) In General.--The USTR is authorized to accept, hold,
administer, and utilize gifts and bequests of property, both real and
personal, for the purpose of aiding or facilitating the work of the
Office. Gifts and bequests of money and the proceeds from sales of
other property received as gifts or bequests shall be deposited in the
United States Treasury in a separate fund and shall be disbursed on
order of the USTR. Property accepted pursuant to this subsection, and
the proceeds thereof, shall be used as nearly as possible in accordance
with the terms of the gift or bequest.
(b) Tax Treatment.--For the purpose of Federal income, estate, and
gift taxes, and State taxes, property accepted under subsection (a)
shall be considered a gift or bequest to or for the use of the United
States.
(c) Investment.--Upon the request of the USTR, the Secretary of the
Treasury may invest and reinvest in securities of the United States or
in securities guaranteed as to principal and interest by the United
States any moneys contained in the fund provided for in subsection (a).
Income accruing from such securities, and from any other property held
by the USTR pursuant to subsection (a), shall be deposited to the
credit of the fund, and shall be disbursed upon order of the USTR.
SEC. 2350. WORKING CAPITAL FUND.
(a) Establishment.--The USTR is authorized to establish for the
Office a working capital fund, to be available without fiscal year
limitation, for expenses necessary for the maintenance and operation of
such common administrative services as the USTR shall find to be
desirable in the interest of economy and efficiency, including--
(1) a central supply service for stationery and other
supplies and equipment for which adequate stocks may be
maintained to meet in whole or in part the requirements of the
Office and its components;
(2) central messenger, mail, and telephone service and
other communications services;
(3) office space and central services for document
reproduction and for graphics and visual aids;
(4) a central library service; and
(5) such other services as may be approved by the Director
of the Office of Management and Budget.
(b) Operation of Fund.--The capital of the fund shall consist of
any appropriations made for the purpose of providing working capital
and the fair and reasonable value of such stocks of supplies,
equipment, and other assets and inventories on order as the USTR may
transfer to the fund, less the related liabilities and unpaid
obligations. The fund shall be reimbursed in advance from available
funds of agencies and offices in the Office, or from other sources, for
supplies and services at rates which will approximate the expense of
operation, including the accrual of annual leave and the depreciation
of equipment. The fund shall also be credited with receipts from sale
or exchange of property and receipts in payment for loss or damage to
property owned by the fund. There shall be covered into the United
States Treasury as miscellaneous receipts any surplus of the fund (all
assets, liabilities, and prior losses considered) above the amounts
transferred or appropriated to establish and maintain the fund. There
shall be transferred to the fund the stocks of supplies, equipment,
other assets, liabilities, and unpaid obligations relating to those
services which the USTR determines will be performed.
SEC. 2351. SERVICE CHARGES.
(a) Authority.--Notwithstanding any other provision of law, the
USTR may establish reasonable fees and commissions with respect to
applications, documents, awards, loans, grants, research data,
services, and assistance administered by the Office, and the USTR may
change and abolish such fees and commissions. Before establishing,
changing, or abolishing any schedule of fees or commissions under this
section, the USTR may submit such schedule to the Congress.
(b) Deposits.--The USTR is authorized to require a deposit before
the USTR provides any item, information, service, or assistance for
which a fee or commission is required under this section.
(c) Deposit of Moneys.--Moneys received under this section shall be
deposited in the Treasury in a special account for use by the USTR and
are authorized to be appropriated and made available until expended.
(d) Factors in Establishing Fees and Commissions.--In establishing
reasonable fees or commissions under this section, the USTR may take
into account--
(1) the actual costs which will be incurred in providing
the items, information, services, or assistance concerned;
(2) the efficiency of the Government in providing such
items, information, services, or assistance;
(3) the portion of the cost that will be incurred in
providing such items, information, services, or assistance
which may be attributed to benefits for the general public
rather than exclusively for the person to whom the items,
information, services, or assistance is provided;
(4) any public service which occurs through the provision
of such items, information, services, or assistance; and
(5) such other factors as the USTR considers appropriate.
(e) Refunds of Excess Payments.--In any case in which the USTR
determines that any person has made a payment which is not required
under this section or has made a payment which is in excess of the
amount required under this section, the USTR, upon application or
otherwise, may cause a refund to be made from applicable funds.
SEC. 2352. SEAL OF OFFICE.
The USTR shall cause a seal of office to be made for the Office of
such design as the USTR shall approve. Judicial notice shall be taken
of such seal.
Subchapter E--Related Agencies
SEC. 2361. INTERAGENCY TRADE ORGANIZATION.
Section 242(a)(3) of the Trade Expansion Act of 1962 (19 U.S.C.
1872(a)(3)) is amended to read as follows:
``(3)(A) The interagency organization established under
subsection (a) shall be composed of--
``(i) the United States Trade Representative, who
shall be the chairperson,
``(ii) the Secretary of Agriculture,
``(iii) the Secretary of the Treasury,
``(iv) the Secretary of Labor,
``(v) the Secretary of State, and
``(vi) the representatives of such other
departments and agencies as the United States Trade
Representative shall designate.
``(B) The United States Trade Representative may invite
representatives from other agencies, as appropriate, to attend
particular meetings if subject matters of specific functional
interest to such agencies are under consideration. It shall
meet at such times and with respect to such matters as the
President or the chairperson shall direct.''.
SEC. 2362. NATIONAL SECURITY COUNCIL.
The fourth paragraph of section 101(a) of the National Security Act
of 1947 (50 U.S.C. 402(a)) is amended--
(1) by redesignating clauses (5), (6), and (7) as clauses
(6), (7), and (8), respectively; and
(2) by inserting after clause (4) the following new clause:
``(5) the United States Trade Representative;''.
SEC. 2363. INTERNATIONAL MONETARY FUND.
Section 3 of the Bretton Woods Agreement Act is amended by adding
at the end the following new subsection:
``(e) The United States executive director of the Fund shall
consult with the United States Trade Representative with respect to
matters under consideration by the Fund which relate to trade.''.
Subchapter F--Conforming Amendments
SEC. 2371. AMENDMENTS TO GENERAL PROVISIONS.
(a) Inspector General.--The Inspector General Act of 1978 is
amended--
(1) in subsection 9(a)(1) by inserting after subparagraph
(W) the following:
``(X) of the United States Trade Representative,
all functions of the Inspector General of the
Department of Commerce and the Office of the Inspector
General of the Department of Commerce relating to the
functions transferred to the United States Trade
Representative by section 2332 of the Department of
Commerce Dismantling Act; and''; and
(2) in section 11--
(A) in paragraph (1) by inserting ``the United
States Trade Representative;'' after ``the Attorney
General;''; and
(B) in paragraph (2) by inserting ``the Office of
the United States Trade Representative,'' after
``Treasury;''.
(b) Amendment to the Trade Act of 1974.--(1) Chapter 4 of title I
of the Trade Act of 1974 is amended to read as follows:
``CHAPTER 4--REPRESENTATION IN TRADE NEGOTIATIONS
``SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REPRESENTATIVE.
``The United States Trade Representative established under section
2311 of the Department of Commerce Dismantling Act shall--
``(1) be the chief representative of the United States for
each trade negotiation under this title or chapter 1 of title
III of this Act, or subtitle A of title I of the Omnibus Trade
and Competitiveness Act of 1988, or any other provision of law
enacted after the Department of Commerce Dismantling Act;
``(2) report directly to the President and the Congress,
and be responsible to the President and the Congress for the
administration of trade agreements programs under this Act, the
Omnibus Trade and Competitiveness Act of 1988, the Trade
Expansion Act of 1962, section 350 of the Tariff Act of 1930,
and any other provision of law enacted after the Department of
Commerce Dismantling Act;
``(3) advise the President and the Congress with respect to
nontariff barriers to international trade, international
commodity agreements, and other matters which are related to
the trade agreements programs; and
``(4) be responsible for making reports to Congress with
respect to the matters set forth in paragraphs (1) and (2).''.
(2) The table of contents in the first section of the Trade Act of
1974 is amended by striking the items relating to chapter 4 and section
141 and inserting the following:
``Chapter 4--Representation in Trade Negotiations
``Sec. 141. Functions of the United States Trade Representative.''.
(d) Foreign Service Personnel.--The Foreign Service Act of 1980 is
amended by striking paragraph (3) of section 202(a) (22 U.S.C. 3922(a))
and inserting the following:
``(3) The United States Trade Representative may utilize
the Foreign Service personnel system in accordance with this
Act--
``(A) with respect to the personnel performing
functions--
``(i) which were transferred to the
Department of Commerce from the Department of
State by Reorganization Plan No. 3 of 1979; and
``(ii) which were subsequently transferred
to the United States Trade Representative by
section 2332 of the Department of Commerce
Dismantling Act; and
``(B) with respect to other personnel of the Office
of United States Trade Representative to the extent the
President determines to be necessary in order to enable
the Office of the United States Trade Representative to
carry out functions which require service abroad.''.
(e) Chief Financial Officers.--Section 901(b)(1) of title 31,
United States Code, is amended by adding at the end the following:
``(Q) The Office of the United States Trade
Representative.''.
SEC. 2372. REPEALS.
Sections 1 and 2 of the Act of June 5, 1939 (15 U.S.C. 1502 and
1503; 53 Stat. 808), relating to the Under Secretary of Commerce, are
repealed.
SEC. 2373. CONFORMING AMENDMENTS RELATING TO EXECUTIVE SCHEDULE
POSITIONS.
(a) Positions at Level I.--Section 5312 of title 5, United States
Code, is amended by amending the item relating to the United States
Trade Representative to read as follows:
``United States Trade Representative, Office of the United
States Trade Representative.''.
(b) Positions at Level II.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Deputy Administrator of the Office of the United States
Trade Representative.
``Deputy United States Trade Representatives, Office of the
United States Trade Representative (2).''.
(c) Positions at Level III.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Assistant Administrators, Office of the United States
Trade Representative (3).
``Director General for Export Promotion, Office of the
United States Trade Representative.''.
(d) Positions at Level IV.--Section 5315 of title 5, United States
Code, is amended--
(1) by striking the item relating to the Assistant
Secretary of Commerce and Director General of the United States
and Foreign Commercial Service; and
(2) by adding at the end the following:
``General Counsel, Office of the United States Trade
Representative.
``Inspector General, Office of the United States Trade
Representative.
``Chief Financial Officer, Office of the United States
Trade Representative.''.
Subchapter G--Miscellaneous
SEC. 2381. EFFECTIVE DATE.
(a) In General.--This subtitle shall take effect on the effective
date specified in section 2208(a), except that--
(1) section 2336 shall take effect on the date of the
enactment of this Act; and
(2) at any time after the date of the enactment of this Act
the officers provided for in subchapter B may be nominated and
appointed, as provided in such subchapter.
(b) Interim Compensation and Expenses.--Funds available to the
Department of Commerce or the Office of the United States Trade
Representative (or any official or component thereof), with respect to
the functions transferred by this subtitle, may be used, with approval
of the Director of the Office of Management and Budget, to pay the
compensation and expenses of an officer appointed under subsection (a)
who will carry out such functions until funds for that purpose are
otherwise available.
SEC. 2382. INTERIM APPOINTMENTS.
(a) In General.--If one or more officers required by this subtitle
to be appointed by and with the advice and consent of the Senate have
not entered upon office on the effective date of this subtitle and
notwithstanding any other provision of law, the President may designate
any officer who was appointed by and with the advice and consent of the
Senate, and who was such an officer on the day before the effective
date of this subtitle, to act in the office until it is filled as
provided by this subtitle.
(b) Compensation.--Any officer acting in an office pursuant to
subsection (a) shall receive compensation at the rate prescribed by
this subtitle for such office.
SEC. 2383. FUNDING REDUCTIONS RESULTING FROM REORGANIZATION.
(a) Funding Reductions.--Notwithstanding the transfer of functions
under this subtitle, and except as provided in subsection (b), the
total amount appropriated by the United States in performing all
functions vested in the USTR and the Office pursuant to this subtitle
shall not exceed--
(1) for the first fiscal year that begins after the
abolishment date specified in section 2101(c), 75 percent of
the total amount appropriated in fiscal year 1995 for the
performance of all such functions; and
(2) for the second fiscal year that begins after the
abolishment date specified in section 2101(c) and for each
fiscal year thereafter, 65 percent of the total amount
appropriated in fiscal year 1995 for the performance of all
such functions.
(b) Exception.--Subsection (a) shall not apply to obligations or
expenditures incurred as a direct consequence of the termination,
transfer, or other disposition of functions described in subsection (a)
pursuant to this title.
(c) Rule of Construction.--This section shall take precedence over
any other provision of law unless such provision explicitly refers to
this section and makes an exception to it.
(d) Responsibility of USTR.--The USTR, in consultation with the
Director of the Office of Management and Budget, shall make such
modifications in programs as are necessary to carry out the reductions
in appropriations set forth in paragraph (1) and (2) of subsection (a).
(e) Responsibilities of the Director of the Office of Management
and Budget.--The Director of the Office of Management and Budget shall
include in each report under sections 2105(a) and (b) a description of
actions taken to comply with the requirements of this section.
Subtitle D--Patent and Trademark Office Corporation
SEC. 2401. SHORT TITLE.
This subtitle may be cited as the ``Patent and Trademark Office
Corporation Act of 1995''.
CHAPTER 1--PATENT AND TRADEMARK OFFICE
SEC. 2411. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE AS A
CORPORATION.
Section 1 of title 35, United States Code, is amended to read as
follows:
``Sec. 1. Establishment
``(a) Establishment.--The Patent and Trademark Office is
established as a wholly owned Government corporation subject to chapter
91 of title 31, except as otherwise provided in this title.
``(b) Offices.--The Patent and Trademark Office shall maintain an
office in the District of Columbia, or the metropolitan area thereof,
for the service of process and papers and shall be deemed, for purposes
of venue in civil actions, to be a resident of the district in which
its principal office is located. The Patent and Trademark Office may
establish offices in such other places as it considers necessary or
appropriate in the conduct of its business.
``(c) Reference.--For purposes of this title, the Patent and
Trademark Office shall also be referred to as the `Office'.''.
SEC. 2412. POWERS AND DUTIES.
Section 2 of title 35, United States Code, is amended to read as
follows:
``Sec. 2. Powers and Duties
``(a) In General.--The Patent and Trademark Office shall be
responsible for--
``(1) the granting and issuing of patents and the
registration of trademarks;
``(2) conducting studies, programs, or exchanges of items
or services regarding domestic and international patent and
trademark law or the administration of the Office, including
programs to recognize, identify, assess, and forecast the
technology of patented inventions and their utility to
industry;
``(3) authorizing or conducting studies and programs
cooperatively with foreign patent and trademark offices and
international organizations, in connection with the granting
and issuing of patents and the registration of trademarks; and
``(4) disseminating to the public information with respect
to patents and trademarks.
``(b) Specific Powers.--The Office--
``(1) shall have perpetual succession;
``(2) shall adopt and use a corporate seal, which shall be
judicially noticed and with which letters patent, certificates
of trademark registrations, and papers issued by the Office
shall be authenticated;
``(3) may sue and be sued in its corporate name and be
represented by its own attorneys in all judicial and
administrative proceedings, subject to the provisions of
section 8 of this title;
``(4) may indemnify the Commissioner of Patents and
Trademarks, and other officers, attorneys, agents, and
employees (including members of the Management Advisory Board
established in section 5) of the Office for liabilities and
expenses incurred within the scope of their employment;
``(5) may adopt, amend, and repeal bylaws, rules, and
regulations, governing the manner in which its business will be
conducted and the powers granted to it by law will be
exercised;
``(6) may acquire, construct, purchase, lease, hold,
manage, operate, improve, alter, and renovate any real,
personal, or mixed property, or any interest therein, as it
considers necessary to carry out its functions;
``(7)(A) may make such purchases, contracts for the
construction, maintenance, or management and operation of
facilities, and contracts for supplies or services, without
regard to section 111 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759); and
``(B) may enter into and perform such purchases and
contracts for printing services, including the process of
composition, platemaking, presswork, silk screen processes,
binding, microform, and the products of such processes, as it
considers necessary to carry out the functions of the Office,
without regard to sections 501 through 517 and 1101 through
1123 of title 44;
``(8) may use, with their consent, services, equipment,
personnel, and facilities of other departments, agencies, and
instrumentalities of the Federal Government, on a reimbursable
basis, and cooperate with such other departments, agencies, and
instrumentalities in the establishment and use of services,
equipment, and facilities of the Office;
``(9) may obtain from the Administrator of General Services
such services as the Administrator is authorized to provide to
other agencies of the United States, on the same basis as those
services are provided to other agencies of the United States;
``(10) may use, with the consent of the United States and
the agency, government, or international organization
concerned, the services, records, facilities, or personnel of
any State or local government agency or instrumentality or
foreign government or international organization to perform
functions on its behalf;
``(11) may determine the character of and the necessity for
its obligations and expenditures and the manner in which they
shall be incurred, allowed, and paid, subject to the provisions
of this title and the Act of July 5, 1946 (commonly referred to
as the `Trademark Act of 1946');
``(12) may retain and use all of its revenues and receipts,
including revenues from the sale, lease, or disposal of any
real, personal, or mixed property, or any interest therein, of
the Office, in carrying out the functions of the Office,
including for research and development and capital investment,
subject to the provisions of section 10101 of the Omnibus
Budget Reconciliation Act of 1990 (35 U.S.C. 41 note);
``(13) shall have the priority of the United States with
respect to the payment of debts from bankrupt, insolvent, and
decedents' estates;
``(14) may accept monetary gifts or donations of services,
or of real, personal, or mixed property, in order to carry out
the functions of the Office;
``(15) may execute, in accordance with its bylaws, rules,
and regulations, all instruments necessary and appropriate in
the exercise of any of its powers;
``(16) may provide for liability insurance and insurance
against any loss in connection with its property, other assets,
or operations either by contract or by self-insurance; and
``(17) shall pay any settlement or judgment entered against
it from the funds of the Office and not from amounts available
under section 1304 of title 31.''.
SEC. 2413. ORGANIZATION AND MANAGEMENT.
Section 3 of title 35, United States Code, is amended to read as
follows:
``Sec. 3. Officers and employees
``(a) Commissioner.--
``(1) In general.--The management of the Patent and
Trademark Office shall be vested in a Commissioner of Patents
and Trademarks (hereafter in this title referred to as the
`Commissioner'), who shall be a citizen of the United States
and who shall be appointed by the President, by and with the
advice and consent of the Senate. The Commissioner shall be a
person who, by reason of professional background and experience
in patent and trademark law, is especially qualified to manage
the Office.
``(2) Duties.--
``(A) In general.--The Commissioner shall be
responsible for the management and direction of the
Office, including the issuance of patents and the
registration of trademarks.
``(B) Advising the president.--The Commissioner
shall advise the President of all activities of the
Patent and Trademark Office undertaken in response to
obligations of the United States under treaties and
executive agreements, or which relate to cooperative
programs with those authorities of foreign governments
that are responsible for granting patents or
registering trademarks. The Commissioner shall also
recommend to the President changes in law or policy
which may improve the ability of United States citizens
to secure and enforce patent rights or trademark rights
in the United States or in foreign countries.
``(C) Consulting with the management advisory
board.--The Commissioner shall consult with the
Management Advisory Board established in section 5 on a
regular basis on matters relating to the operation of
the Patent and Trademark Office, and shall consult with
the Board before submitting budgetary proposals to the
Office of Management and Budget or changing or
proposing to change patent or trademark user fees or
patent or trademark regulations.
``(D) Security clearances.--The Commissioner, in
consultation with the Director of the Office of
Personnel Management, shall maintain a program for
identifying national security positions and providing
for appropriate security clearances.
``(3) Term.--The Commissioner shall serve a term of 5
years, and may continue to serve after the expiration of the
Commissioner's term until a successor is appointed and assumes
office. The Commissioner may be reappointed to subsequent
terms.
``(4) Oath.--The Commissioner shall, before taking office,
take an oath to discharge faithfully the duties of the Office.
``(5) Compensation.--The Commissioner shall receive
compensation at the rate of pay in effect for Level III of the
Executive Schedule under section 5314 of title 5.
``(6) Removal.--The Commissioner may be removed from office
by the President only for cause.
``(7) Designee of commissioner.--The Commissioner shall
designate an officer of the Office who shall be vested with the
authority to act in the capacity of the Commissioner in the
event of the absence or incapacity of the Commissioner.
``(b) Officers and Employees of the Office.--
``(1) Deputy commissioners.--The Commissioner shall appoint
a Deputy Commissioner for Patents and a Deputy Commissioner for
Trademarks for terms that shall expire on the date on which the
Commissioner's term expires. The Deputy Commissioner for
Patents shall be a person with demonstrated experience in
patent law and the Deputy Commissioner for Trademarks shall be
a person with demonstrated experience in trademark law. The
Deputy Commissioner for Patents and the Deputy Commissioner for
Trademarks shall be the principal policy advisors to the
Commissioner on all aspects of the activities of the Office
that affect the administration of patent and trademark
operations, respectively.
``(2) Other officers and employees.--The Commissioner
shall--
``(A) appoint an Inspector General and such other
officers, employees (including attorneys), and agents
of the Office as the Commissioner considers necessary
to carry out its functions;
``(B) fix the compensation of such officers and
employees; and
``(C) define the authority and duties of such
officers and employees and delegate to them such of the
powers vested in the Office as the Commissioner may
determine.
The Office shall not be subject to any administratively or
statutorily imposed limitation on positions or personnel, and
no positions or personnel of the Office shall be taken into
account for purposes of applying any such limitation, except to
the extent otherwise specifically provided by statute with
respect to the Office.
``(c) Limits on Compensation.--Except as otherwise provided in this
title or any other provision of law, the basic pay of an officer or
employee of the Office for any calendar year may not exceed the annual
rate of basic pay in effect for level IV of the Executive Schedule
under section 5315 of title 5. The Commissioner shall by regulation
establish a limitation on the total compensation payable to officers or
employees of the Office, which may not exceed the annual rate of basic
pay in effect for level I of the Executive Schedule under section 5312
of title 5.
``(d) Inapplicability of Title 5 Generally.--Except as otherwise
provided in this section, officers and employees of the Office shall
not be subject to the provisions of title 5 relating to Federal
employees.
``(e) Continued Applicability of Certain Provision of Title 5.--The
following provisions of title 5 shall apply to the Office and its
officers and employees:
``(1) Section 3110 (relating to employment of relatives;
restrictions).
``(2) Subchapter II of chapter 55 (relating to withholding
pay).
``(3) Subchapter II of chapter 73 (relating to employment
limitations).
``(f) Provisions of Title 5 Relating to Certain Benefits.--
``(1) Retirement.--(A)(i) Any individual who becomes an
officer or employee of the Office pursuant to subsection (h)
shall, if such individual has at least 3 years of creditable
service (within the meaning of section 8332 or 8411 of title 5)
as of the effective date of the Patent and Trademark Office
Corporation Act of 1995, remain subject to subchapter III of
chapter 83 or chapter 84 of such title, as the case may be, so
long as such individual continues to hold an office or position
in or under the Office without a break in service.
``(ii)(I) Except as provided in subclause (II), with
respect to an individual described in clause (i), the Office
shall make the appropriate withholding from pay and shall pay
the contributions required of an employing agency into the
Civil Service Retirement and Disability Fund and, if
applicable, the Thrift Savings Fund in accordance with
applicable provisions of subchapter III of chapter 83 or
chapter 84 of title 5, as the case may be.
``(II) In the case of an officer or employee who remains
subject to subchapter III of chapter 83 of such title by virtue
of this subparagraph, the Office shall, instead of the amount
which would otherwise be required under the second sentence of
section 8334(a)(1) of title 5, contribute an amount equal to
the normal-cost percentage (determined with respect to officers
and employees of the Office using dynamic assumptions, as
defined by section 8401(9) of such title) of the individual's
basic pay, minus the amount required to be withheld from such
pay under such section 8334(a)(1).
``(B)(i) Notwithstanding subsection (d), the provisions of
subchapter III of chapter 83 or chapter 84 of title 5 (as
applicable) which relate to disability shall be considered to
remain in effect, with respect to an individual who becomes an
officer or employee of the Office pursuant to subsection (h), until the
end of the 2-year period beginning on the effective date of the Patent
and Trademark Office Corporation Act of 1995 or, if earlier, until such
individual satisfies the prerequisites for coverage under any program
offered by the Office to replace the disability retirement program
under chapter 83 or 84 of title 5.
``(ii) This clause applies with respect to any officer or
employee of the Office who is receiving disability coverage
under this subparagraph and has completed the service
requirement specified in the first sentence of section 8337(a)
or 8451(a)(1)(A) of title 5 (as applicable), but who is not
described in subparagraph (A)(i). In the case of any individual
to whom this clause applies, the Office shall pay into the
Civil Service Retirement and Disability Fund an amount equal to
that portion of the normal-cost percentage (determined in the
same manner as under subparagraph (A)(ii)(II)) of the basic pay
of such individual (for service performed during the period
during which such individual is receiving such coverage)
allocable to such coverage. Any amounts payable under this
clause shall be paid at such time and in such manner as
mutually agreed to by the Office and the Office of Personnel
Management, and shall be in lieu of any individual or agency
contributions otherwise required.
``(2) Health benefits.--(A) Officers and employees of the
Office shall not become ineligible to participate in the health
benefits program under chapter 89 of title 5 by reason of
subsection (d) until the effective date of elections made
during the first election period (under section 8905(f) of
title 5) beginning after the end of the 2-year period beginning
on the effective date of the Patent and Trademark Office
Corporation Act of 1995.
``(B)(i) With respect to any individual who becomes an
officer or employee of the Office pursuant to subsection (h),
the eligibility of such individual to participate in such
program as an annuitant (or of any other person to participate
in such program as an annuitant based on the death of such
individual) shall be determined disregarding the requirements
of section 8905(b) of title 5. The preceding sentence shall not
apply if the individual ceases to be an officer or employee of
the Office for any period of time after becoming an officer or
employee of the Office pursuant to subsection (h) and before
separation.
``(ii) The Government contributions authorized by section
8906 for health benefits for anyone participating in the health
benefits program pursuant to this subparagraph shall be made by
the Office in the same manner as provided under section
8906(g)(2) of title 5 with respect to the United States Postal
Service for individuals associated therewith.
``(iii) For purposes of this subparagraph, the term
`annuitant' has the meaning given such term by section 8901(3)
of title 5.
``(3) Life insurance.--(A) Officers and employees of the
Office shall not become ineligible to participate in the life
insurance program under chapter 87 of title 5 by reason of
subsection (d) until the first day after the end of the 2-year
period beginning on the effective date of the Patent and
Trademark Office Corporation Act of 1995.
``(B)(i) Eligibility for life insurance coverage after
retirement or while in receipt of compensation under subchapter
I of chapter 81 of title 5 shall be determined, in the case of
any individual who becomes an officer or employee of the Office
pursuant to subsection (h), without regard to the requirements
of section 8706(b) (1) or (2), but subject to the condition
specified in the last sentence of paragraph (2)(B)(i) of this
subsection.
``(ii) Government contributions under section 8708(d) on
behalf of any such individual shall be made by the Office in
the same manner as provided under paragraph (3) thereof with
respect to the United States Postal Service for individuals
associated therewith.
``(4) Employees' compensation fund.--The Office shall
remain responsible for reimbursing the Employees' Compensation
Fund, pursuant to section 8147 of title 5, for compensation
paid or payable after the effective date of the Patent and
Trademark Office Corporation Act of 1995 in accordance with
chapter 81 of title 5 with regard to any injury, disability, or
death due to events arising before such date, whether or not a
claim has been filed or is final on such date.
``(5) Requirement that the office offer certain minimum
number of life and health insurance policies.--The Office shall
offer at least 1 life insurance policy and at least 3 health
insurance policies to its officers and employees, comparable to
existing Federal benefits, beginning on the first day after the
end of the 2-year period beginning on the effective date of the
Patent and Trademark Office Corporation Act of 1995.
``(g) Labor-Management Relations.--
``(1) Labor relations and employee relations programs.--The
Office shall develop labor relations and employee relations
programs with the objective of improving productivity and
efficiency, incorporating the following principles:
``(A) Such programs shall be consistent with the
merit principles in section 2301(b) of title 5.
``(B) Such programs shall provide veterans
preference protections equivalent to those established
by sections 2801, 3308-3318, and 3320 of title 5.
``(C)(i) In order to maximize individual freedom of
choice in the pursuit of employment and to encourage an
economic climate conducive to economic growth, the
right to work shall not be subject to undue restraint
or coercion. The right to work shall not be infringed
or restricted in any way based on membership in,
affiliation with, or financial support of a labor
organization.
``(ii) No person shall be required, as a condition
of employment or continuation of employment:
``(I) To resign or refrain from voluntary
membership in, voluntary affiliation with, or
voluntary financial support of a labor
organization.
``(II) To become or remain a member of a
labor organization.
``(III) To pay any dues, fees, assessments,
or other charges of any kind or amount to a
labor organization.
``(IV) To pay to any charity or other third
party, in lieu of such payments, any amount
equivalent to or a pro-rata portion of dues,
fees, assessments, or other charges regularly
required of members of a labor organization.
``(V) To be recommended, approved,
referred, or cleared by or through a labor
organization.
``(iii) This subparagraph shall not apply to a
person described in section 7103(a)(2)(v) of title 5 or
a `supervisor', `management official', or `confidential
employee' as those terms are defined in 7103(a)(10),
(11), and (13) of such title.
``(iv) Any labor organization recognized by the
Office as the exclusive representative of a unit of
employees of the Office shall represent the interests
of all employees in that unit without discrimination
and without regard to labor organization membership.
``(2) Adoption of existing labor agreements.--The Office
shall adopt all labor agreements which are in effect, as of the
day before the effective date of the Patent and Trademark
Office Corporation Act of 1995, with respect to such Office (as
then in effect). Each such agreement shall remain in effect for
the 2-year period commencing on such date, unless the agreement
provides for a shorter duration or the parties agree otherwise
before such period ends.
``(h) Carryover of Personnel.--
``(1) From pto.--Effective as of the effective date of the
Patent and Trademark Office Corporation Act of 1995, all
officers and employees of the Patent and Trademark Office on
the day before such effective date shall become officers and
employees of the Office, without a break in service.
``(2) Other personnel.--Any individual who, on the day
before the effective date of the Patent and Trademark Office
Corporation Act of 1995, is an officer or employee of the
Department of Commerce (other than an officer or employee under
paragraph (1)) shall be transferred to the Office if--
``(A) such individual serves in a position for
which a major function is the performance of work
reimbursed by the Patent and Trademark Office, as
determined by the Secretary of Commerce;
``(B) such individual serves in a position that
performed work in support of the Patent and Trademark
Office during at least half of the incumbent's work
time, as determined by the Secretary of Commerce; or
``(C) such transfer would be in the interest of the
Office, as determined by the Secretary of Commerce in
consultation with the Commissioner of Patents and
Trademarks.
Any transfer under this paragraph shall be effective as of the
same effective date as referred to in paragraph (1), and shall
be made without a break in service.
``(3) Accumulated leave.--The amount of sick and annual
leave and compensatory time accumulated under title 5 before
the effective date described in paragraph (1), by officers or
employees of the Patent and Trademark Office who so become
officers or employees of the Office, are obligations of the
Office.
``(4) Termination rights.--Any employee referred to in
paragraph (1) or (2) of this subsection whose employment with
the Office is terminated during the 2-year period beginning on
the effective date of the Patent and Trademark Office
Corporation Act of 1995 shall be entitled to rights and
benefits, to be afforded by the Office, similar to those such
employee would have had under Federal law if termination had
occurred immediately before such date. An employee who would
have been entitled to appeal any such termination to the Merit
Systems Protection Board, if such termination had occurred
immediately before such effective date, may appeal any such
termination occurring within this 2-year period to the Board
under such procedures as it may prescribe.
``(5) Continuation in office of certain officers.--(A) The
individual serving as the Commissioner of Patents and
Trademarks on the day before the effective date of the Patent
and Trademark Office Corporation Act of 1995 may serve as the
Commissioner until the earlier of 1 year after the effective
date of that Act or the date on which a Commissioner is
appointed under subsection (a).
``(B) The individual serving as the Assistant Commissioner
for Patents on the day before the effective date of the Patent
and Trademark Office Corporation Act of 1995 may serve as the
Deputy Commissioner for Patents until the earlier of 1 year
after the effective date of that Act or the date on which a
Deputy Commissioner for Patents is appointed under subsection
(b).
``(C) The individual serving as the Assistant Commissioner
for Trademarks on the day before the effective date of the
Patent and Trademark Office Corporation Act of 1995 may serve
as the Deputy Commissioner for Trademarks until the earlier of
1 year after the effective date of that Act or the date on
which a Deputy Commissioner for Trademarks is appointed under
subsection (b).
``(i) Competitive Status.--For purposes of appointment to a
position in the competitive service for which an officer or employee of
the Office is qualified, such officer or employee shall not forfeit any
competitive status, acquired by such officer or employee before the
effective date of the Patent and Trademark Office Corporation Act of
1995, by reason of becoming an officer or employee of the Office
pursuant to subsection (h).
``(j) Savings Provisions.--All orders, determinations, rules, and
regulations regarding compensation and benefits and other terms and
conditions of employment, in effect for the Office and its officers and
employees immediately before the effective date of the Patent and
Trademark Office Corporation Act of 1995, shall continue in effect with
respect to the Office and its officers and employees until modified,
superseded, or set aside by the Office or a court of appropriate
jurisdiction or by operation of law.''.
SEC. 2414. MANAGEMENT ADVISORY BOARD.
Chapter 1 of part I of title 35, United States Code, is amended by
inserting after section 4 the following:
``Sec. 5. Patent and Trademark Office Management Advisory Board
``(a) Establishment of Management Advisory Board.--
``(1) Appointment.--The Patent and Trademark Office shall
have a Management Advisory Board (hereafter in this title
referred to as the `Board') of 12 members, 4 of whom shall be
appointed by the President, 4 of whom shall be appointed by the
Speaker of the House of Representatives, and 4 of whom shall be
appointed by the President pro tempore of the Senate. Not more
than 3 of the 4 members appointed by each appointing authority
shall be members of the same political party.
``(2) Terms.--Members of the Board shall be appointed for a
term of 4 years each, except that of the members first
appointed by each appointing authority, 1 shall be for a term
of 1 year, 1 shall be for a term of 2 years, and 1 shall be for
a term of 3 years. No member may serve more than 1 term.
``(3) Chair.--The President shall designate the chair of
the Board, whose term as chair shall be for 3 years.
``(4) Timing of appointments.--Initial appointments to the
Board shall be made within 3 months after the effective date of
the Patent and Trademark Office Corporation Act of 1995, and
vacancies shall be filled within 3 months after they occur.
``(5) Vacancies.--Vacancies shall be filled in the manner
in which the original appointment was made under this
subsection. Members appointed to fill a vacancy occurring
before the expiration of the term for which the member's
predecessor was appointed shall be appointed only for the
remainder of that term. A member may serve after the expiration
of that member's term until a successor is appointed.
``(b) Basis for Appointments.--Members of the Board shall be
citizens of the United States who shall be chosen so as to represent
the interests of diverse users of the Patent and Trademark Office, and
shall include individuals with substantial background and achievement
in corporate finance and management.
``(c) Applicability of Certain Ethics Laws.--Members of the Board
shall be special Government employees within the meaning of section 202
of title 18.
``(d) Meetings.--The Board shall meet at the call of the chair to
consider an agenda set by the chair.
``(e) Duties.--The Board shall--
``(1) review the policies, goals, performance, budget, and
user fees of the Patent and Trademark Office, and advise the
Commissioner on these matters; and
``(2) within 60 days after the end of each fiscal year,
prepare an annual report on the matters referred to in
paragraph (1), transmit the report to the President and the
Committees on the Judiciary of the Senate and the House of
Representatives, and publish the report in the Patent and
Trademark Office Official Gazette.
``(f) Staff.--The Board shall employ a staff of not more than 10
members and shall procure support services for the staff adequate to
enable the Board to carry out its functions, using funds available to
the Commissioner under section 42 of this title. The Board shall ensure
that members of the staff, other than clerical staff, are especially
qualified in the areas of patents, trademarks, or management of public
agencies. Persons employed by the Board shall receive compensation as
determined by the Board, which may not exceed the limitations set forth
in section 3(c) of this title, shall serve in accordance with terms and
conditions of employment established by the Board, and shall be subject
solely to the direction of the Board, notwithstanding any other
provision of law.
``(g) Compensation.--Members of the Board shall be compensated for
each day (including travel time) during which they are attending
meetings or conferences of the Board or otherwise engaged in the
business of the Board, at the rate which is the daily equivalent of the
annual rate of basic pay in effect for level III of the Executive
Schedule under section 5314 of title 5, and while away from their homes
or regular places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by section
5703 of title 5.
``(h) Access to Information.--Members of the Board shall be
provided access to records and information in the Patent and Trademark
Office, except for personnel or other privileged information and
information concerning patent applications required to be kept in
confidence by section 122 of this title.''.
SEC. 2415. INDEPENDENCE FROM DEPARTMENT OF COMMERCE.
(a) Duties of Commissioner.--Section 6 of title 35, United States
Code, is amended--
(1) by striking ``, under the direction of the Secretary of
Commerce,'' each place it appears; and
(2) by striking ``, subject to the approval of the
Secretary of Commerce,''.
(b) Regulations for Agents and Attorneys.--Section 31 of title 35,
United States Code, is amended by striking ``, subject to the approval
of the Secretary of Commerce,''.
SEC. 2416. TRADEMARK TRIAL AND APPEAL BOARD.
Section 17 of the Act of July 5, 1946 (commonly referred to as the
``Trademark Act of 1946'') (15 U.S.C. 1067) is amended to read as
follows:
``Sec. 17. (a) In every case of interference, opposition to
registration, application to register as a lawful concurrent user, or
application to cancel the registration of a mark, the Commissioner
shall give notice to all parties and shall direct a Trademark Trial and
Appeal Board to determine and decide the respective rights of
registration.
``(b) The Trademark Trial and Appeal Board shall include the
Commissioner, the Deputy Commissioner for Patents, the Deputy
Commissioner for Trademarks, and members competent in trademark law who
are appointed by the Commissioner.''.
SEC. 2417. BOARD OF PATENT APPEALS AND INTERFERENCES.
Section 7 of title 35, United States Code, is amended to read as
follows:
``Sec. 7. Board of Patent Appeals and Interferences
``(a) Establishment and Composition.--There shall be in the Patent
and Trademark Office a Board of Patent Appeals and Interferences. The
Commissioner, the Deputy Commissioner for Patents, the Deputy
Commissioner for Trademarks, and the examiners-in-chief shall
constitute the Board. The examiners-in-chief shall be persons of
competent legal knowledge and scientific ability.
``(b) Duties.--The Board of Patent Appeals and Interferences shall,
on written appeal of an applicant, review adverse decisions of
examiners upon applications for patents and shall determine priority
and patentability of invention in interferences declared under section
135(a) of this title. Each appeal and interference shall be heard by at
least 3 members of the Board, who shall be designated by the
Commissioner. Only the Board of Patent Appeals and Interferences may
grant rehearings.''.
SEC. 2418. SUITS BY AND AGAINST THE CORPORATION.
Chapter 1 of part I of title 35, United States Code, is amended--
(1) by redesignating sections 8 through 14 as sections 9
through 15; and
(2) by inserting after section 7 the following new section:
``Sec. 8. Suits by and against the Corporation
``(a) In General.--
``(1) Actions under united states law.--Any civil action or
proceeding to which the Patent and Trademark Office is a party
is deemed to arise under the laws of the United States. The
Federal courts shall have exclusive jurisdiction over all civil
actions by or against the Office.
``(2) Contract claims.--Any action or proceeding against
the Office in which any claim is cognizable under the Contract
Disputes Act of 1978 (41 U.S.C. 601 and following) shall be
subject to that Act. For purposes of that Act, the Commissioner
shall be deemed to be the agency head with respect to contract
claims arising with respect to the Office. Any other action or
proceeding against the Office founded upon contract may be
brought in an appropriate district court, notwithstanding any
provision of title 28.
``(3) Tort claims.--(A) Any action or proceeding against
the Office in which any claim is cognizable under the
provisions of section 1346(b) and chapter 171 of title 28,
shall be governed by those provisions.
``(B) Any other action or proceeding against the Office
founded upon tort may be brought in an appropriate district
court without regard to the provisions of section 1346(b) and
chapter 171 of title 28.
``(4) Prohibition on attachment, liens, etc.--No
attachment, garnishment, lien, or similar process, intermediate
or final, in law or equity, may be issued against property of
the Office.
``(5) Substitution of office as party.--The Office shall be
substituted as defendant in any civil action or proceeding
against an officer or employee of the Office, if the Office
determines that the officer or employee was acting within the
scope of his or her employment with the Office. If the Office
refuses to certify scope of employment, the officer or employee
may at any time before trial petition the court to find and
certify that the officer or employee was acting within the
scope of his or her employment. Upon certification by the
court, the Office shall be substituted as the party defendant.
A copy of the petition shall be served upon the Office. In any
such civil action or proceeding to which paragraph (3)(A)
applies, the provisions of section 1346(b) and chapter 171 of
title 28 shall apply in lieu of this paragraph.
``(b) Relationship With Justice Department.--
``(1) Exercise by office of attorney general's
authorities.--Except as provided in this section, with respect
to any action or proceeding in which the Office is a party or
an officer or employee thereof is a party in his or her
official capacity, the Office, officer, or employee may
exercise, without prior authorization from the Attorney
General, the authorities and duties that otherwise would be
exercised by the Attorney General on behalf of the Office,
officer, or employee under title 28 and other laws.
``(2) Appearances by attorney general.--Notwithstanding
paragraph (1), at any time the Attorney General may, in any
action or proceeding described in paragraph (1), file an
appearance on behalf of the Office or the officer or employee
involved, without the consent of the Office or the officer or
employee. Upon such filing, the Attorney General shall
represent the Office or such officer or employee with exclusive
authority in the conduct, settlement, or compromise of that
action or proceeding.
``(3) Consultations with and assistance by attorney
general.--The Office may consult with the Attorney General
concerning any legal matter, and the Attorney General shall
provide advice and assistance to the Office, including
representing the Office in litigation, if requested by the
Office.
``(4) Representation before supreme court.--The Attorney
General shall represent the Office in all cases before the
United States Supreme Court.
``(5) Qualifications of attorneys.--An attorney admitted to
practice to the bar of the highest court of at least one State
in the United States or the District of Columbia and employed
by the Office may represent the Office in any legal proceeding
in which the Office or an officer or employee of the Office is
a party or interested, regardless of whether the attorney is a
resident of the jurisdiction in which the proceeding is held
and notwithstanding any other prerequisites of qualification or
appearance required by the court or administrative body before
which the proceeding is conducted.''.
SEC. 2419. ANNUAL REPORT OF COMMISSIONER.
Section 15 of title 35, United States Code, as redesignated by
section 2418 of this Act, is amended to read as follows:
``Sec. 15. Annual report to Congress
``The Commissioner shall report to the Congress, not later than 180
days after the end of each fiscal year, the moneys received and
expended by the Office, the purposes for which the moneys were spent,
the quality and quantity of the work of the Office, and other
information relating to the Office. The report under this section shall
also meet the requirements of section 9106 of title 31, to the extent
that such requirements are not inconsistent with the preceding
sentence. The report required under this section shall be deemed to be
the report of the Patent and Trademark Office under section 9106 of
title 31, and the Commissioner shall not file a separate report under
such section.''.
SEC. 2420. SUSPENSION OR EXCLUSION FROM PRACTICE.
Section 32 of title 35, United States Code, is amended by inserting
before the last sentence the following: ``The Commissioner shall have
the discretion to designate any attorney who is an officer or employee
of the Patent and Trademark Office to conduct the hearing required by
this section.''.
SEC. 2421. FUNDING.
Section 42 of title 35, United States Code, is amended to read as
follows:
``Sec. 42. Patent and Trademark Office funding
``(a) Fees Payable to the Office.--All fees for services performed
by or materials furnished by the Patent and Trademark Office shall be
payable to the Office.
``(b) Use of Moneys.--Moneys of the Patent and Trademark Office not
otherwise used to carry out the functions of the Office shall be kept
in cash on hand or on deposit, or invested in obligations of the United
States or guaranteed by the United States, or in obligations or other
instruments which are lawful investments for fiduciary, trust, or
public funds. Fees available to the Commissioner under this title shall
be used exclusively for the processing of patent applications and for
other services and materials relating to patents. Fees available to the
Commissioner under section 31 of the Act of July 5, 1946 (commonly
referred to as the `Trademark Act of 1946'; 15 U.S.C. 1113), shall be
used exclusively for the processing of trademark registrations and for
other services and materials relating to trademarks.
``(c) Borrowing Authority.--The Patent and Trademark Office is
authorized to issue from time to time for purchase by the Secretary of
the Treasury its debentures, bonds, notes, and other evidences of
indebtedness (hereafter in this subsection referred to as
`obligations') to assist in financing its activities. Borrowing under
this subsection shall be subject to prior approval in appropriation
Acts. Such borrowing shall not exceed amounts approved in appropriation
Acts. Any such borrowing shall be repaid only from fees paid to the
Office and surcharges appropriated by the Congress. Such obligations
shall be redeemable at the option of the Office before maturity in the
manner stipulated in such obligations and shall have such maturity as
is determined by the Office with the approval of the Secretary of the
Treasury. Each such obligation issued to the Treasury shall bear
interest at a rate not less than the current yield on outstanding
marketable obligations of the United States of comparable maturity
during the month preceding the issuance of the obligation as determined
by the Secretary of the Treasury. The Secretary of the Treasury shall
purchase any obligations of the Office issued under this subsection and
for such purpose the Secretary of the Treasury is authorized to use as
a public-debt transaction the proceeds of any securities issued under
chapter 31 of title 31, and the purposes for which securities may be
issued under that chapter are extended to include such purpose. Payment
under this subsection of the purchase price of such obligations of the
Patent and Trademark Office shall be treated as public debt
transactions of the United States.''.
SEC. 2422. AUDITS.
Chapter 4 of part I of title 35, United States Code, is amended by
adding at the end the following new section:
``Sec. 43. Audits
``(a) In General.--Financial statements of the Patent and Trademark
Office shall be prepared on an annual basis in accordance with
generally accepted accounting principles. Such statements shall be
audited by an independent certified public accountant chosen by the
Commissioner. The audit shall be conducted in accordance with standards
that are consistent with generally accepted Government auditing
standards and other standards established by the Comptroller General,
and with the generally accepted auditing standards of the private
sector, to the extent feasible. The Commissioner shall transmit to the
Committees on the Judiciary of the House of Representatives and the
Senate the results of each audit under this subsection.
``(b) Review by Comptroller General.--The Comptroller General may
review any audit of the financial statement of the Patent and Trademark
Office that is conducted under subsection (a). The Comptroller General
shall report to the Congress and the Office the results of any such
review and shall include in such report appropriate recommendations.
``(c) Audit by Comptroller General.--The Comptroller General may
audit the financial statements of the Office and such audit shall be in
lieu of the audit required by subsection (a). The Office shall
reimburse the Comptroller General for the cost of any audit conducted
under this subsection.
``(d) Access to Office Records.--All books, financial records,
report files, memoranda, and other property that the Comptroller
General deems necessary for the performance of any audit shall be made
available to the Comptroller General.
``(e) Applicability in Lieu of Title 31 Provisions.--This section
applies to the Office in lieu of the provisions of section 9105 of
title 31.''.
SEC. 2423. TRANSFERS.
(a) Transfer of Functions.--Except as otherwise provided in this
Act, there are transferred to, and vested in, the Patent and Trademark
Office all functions, powers, and duties vested by law in the Secretary
of Commerce or the Department of Commerce or in the officers or
components in the Department of Commerce with respect to the authority
to grant patents and register trademarks, and in the Patent and
Trademark Office, as in effect on the day before the effective date of
this subtitle, and in the officers and components of such Office.
(b) Transfer of Funds and Property.--The Secretary of Commerce
shall transfer to the Patent and Trademark Office, on the effective
date of this subtitle, so much of the assets, liabilities, contracts,
property, records, and unexpended and unobligated balances of
appropriations, authorizations, allocations, and other funds employed,
held, used, arising from, available to, or to be made available to the
Department of Commerce, including funds set aside for accounts
receivable which are related to functions, powers, and duties which are
vested in the Patent and Trademark Office by this subtitle.
CHAPTER 2--EFFECTIVE DATE; TECHNICAL AMENDMENTS
SEC. 2431. EFFECTIVE DATE.
This subtitle shall take effect 6 months after the date of the
enactment of this Act.
SEC. 2432. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Amendments to Title 35.--
(1) The table of contents for part I of title 35, United
States Code, is amended by amending the item relating to
chapter 1 to read as follows:
``1. Establishment, Officers and Employees, Functions....... 1.''
(2) The table of sections for chapter 1 of title 35, United
States Code, is amended to read as follows:
``CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
``Sec.
``1. Establishment.
``2. Powers and duties.
``3. Officers and employees.
``4. Restrictions on officers and employees as to interest in patents.
``5. Patent and Trademark Office Management Advisory Board.
``6. Duties of Commissioner.
``7. Board of Patent Appeals and Interferences.
``8. Suits by and against the Corporation.
``9. Library.
``10. Classification of patents.
``11. Certified copies of records.
``12. Publications.
``13. Exchange of copies of patents with foreign countries.
``14. Copies of patents for public libraries.
``15. Annual report to Congress.''.
(3) The table of contents for chapter 4 of part I of title
35, United States Code, is amended by adding at the end the
following new item:
``43. Audits.''.
(b) Other Provisions of Law.--
(1) Section 9101(3) of title 31, United States Code, is
amended by adding at the end the following:
``(O) the Patent and Trademark Office.''.
(2) Section 500(e) of title 5, United States Code, is
amended by striking ``Patent Office'' and inserting ``Patent
and Trademark Office''.
(3) Section 5102(c)(23) of title 5, United States Code, is
amended by striking ``, Department of Commerce''.
(4) Section 5316 of title 5, United States Code, is amended
by striking ``Commissioner of Patents, Department of
Commerce.'', ``Deputy Commissioner of Patents and
Trademarks.'', ``Assistant Commissioner for Patents.'', and
``Assistant Commissioner for Trademarks.''.
(5) Section 12 of the Act of February 14, 1903 (15 U.S.C.
1511) is amended by striking ``(d) Patent and Trademark
Office;'' and redesignating subsections (a) through (g) as
paragraphs (1) through (6), respectively.
(6) The Act of April 12, 1892 (27 Stat. 395; 20 U.S.C. 91)
is amended by striking ``Patent Office'' and inserting ``Patent
and Trademark Office''.
(7) Sections 505(m) and 512(o) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(m) and 360b(o)) are each
amended by striking ``of the Department of Commerce''.
(8) Section 105(e) of the Federal Alcohol Administration
Act (27 U.S.C. 205(e)) is amended by striking ``Patent Office''
and inserting ``Patent and Trademark Office''.
(9) Section 1744 of title 28, United States Code is
amended--
(A) by striking ``Patent Office'' each place it
appears and inserting ``Patent and Trademark Office'';
and
(B) by striking ``Commissioner of Patents'' and
inserting ``Commissioner of Patents and Trademarks''.
(10) Section 1745 of title 28, United States Code, is
amended by striking ``United States Patent Office'' and
inserting ``Patent and Trademark Office''.
(11) Section 1928 of title 28, United States Code, is
amended by striking ``Patent Office'' and inserting ``Patent
and Trademark Office''.
(12) Section 160 of the Atomic Energy Act of 1954 (42
U.S.C. 2190) is amended--
(A) by striking ``United States Patent Office'' and
inserting ``Patent and Trademark Office''; and
(B) by striking ``Commissioner of Patents'' and
inserting ``Commissioner of Patents and Trademarks''.
(13) Section 305(c) of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2457(c)) is amended by striking
``Commissioner of Patents'' and inserting ``Commissioner of
Patents and Trademarks''.
(14) Section 12(a) of the Solar Heating and Cooling
Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by
striking ``Commissioner of the Patent Office'' and inserting
``Commissioner of Patents and Trademarks''.
(15) Section 1111 of title 44, United States Code, is
amended by striking ``the Commissioner of Patents,''.
(16) Section 1114 of title 44, United States Code, is
amended by striking ``the Commissioner of Patents,''.
(17) Section 1123 of title 44, United States Code, is
amended by striking ``the Patent Office,''.
(18) Sections 1337 and 1338 of title 44, United States
Code, and the items relating to those sections in the table of
contents for chapter 13 of such title, are repealed.
(19) Section 10(i) of the Trading With the Enemy Act (50
U.S.C. App. 10(i)) is amended by striking ``Commissioner of
Patents'' and inserting ``Commissioner of Patents and
Trademarks''.
(20) Section 8G(a)(2) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by inserting ``the Patent and
Trademark Office,'', after ``the Panama Canal Commission,''.
Subtitle E--Miscellaneous Provisions
SEC. 2501. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to a department or office from which a function is
transferred by this title--
(1) to the head of such department or office is deemed to
refer to the head of the department or office to which such
function is transferred; or
(2) to such department or office is deemed to refer to the
department or office to which such function is transferred.
SEC. 2502. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a
function is transferred by this title may, for purposes of performing
the function, exercise all authorities under any other provision of law
that were available with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the function
under this title.
SEC. 2503. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Secretary of Commerce,
the United States Trade Representative, any officer or employee
of any office transferred by this title, or any other
Government official, or by a court of competent jurisdiction,
in the performance of any function that is transferred by this
title, and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to their
terms as in effect on such effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, any other authorized official, a court of competent
jurisdiction, or operation of law.
(b) Proceedings.--This title shall not affect any proceedings or
any application for any benefits, service, license, permit,
certificate, or financial assistance pending on the date of the
enactment of this Act before an office transferred by this title, but
such proceedings and applications shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this Act had not
been enacted, and orders issued in any such proceeding shall continue
in effect until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be considered to
prohibit the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this title had
not been enacted.
(c) Suits.--This title shall not affect suits commenced before the
date of the enactment of this Act, and in all such suits, proceeding
shall be had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this title had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Commerce or the Secretary of
Commerce, or by or against any individual in the official capacity of
such individual as an officer or employee of an office transferred by
this title, shall abate by reason of the enactment of this title.
(e) Continuance of Suits.--If any Government officer in the
official capacity of such officer is party to a suit with respect to a
function of the officer, and under this title such function is
transferred to any other officer or office, then such suit shall be
continued with the other officer or the head of such other office, as
applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except as
otherwise provided by this title, any statutory requirements relating
to notice, hearings, action upon the record, or administrative or
judicial review that apply to any function transferred by this title
shall apply to the exercise of such function by the head of the Federal
agency, and other officers of the agency, to which such function is
transferred by this title.
SEC. 2504. TRANSFER OF ASSETS.
Except as otherwise provided in this title, so much of the
personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used, held,
available, or to be made available in connection with a function
transferred to an official or agency by this title shall be available
to the official or the head of that agency, respectively, at such time
or times as the Director of the Office of Management and Budget directs
for use in connection with the functions transferred.
SEC. 2505. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or otherwise
provided in this title, an official to whom functions are transferred
under this title (including the head of any office to which functions
are transferred under this title) may delegate any of the functions so
transferred to such officers and employees of the office of the
official as the official may designate, and may authorize successive
redelegations of such functions as may be necessary or appropriate. No
delegation of functions under this section or under any other provision
of this title shall relieve the official to whom a function is
transferred under this title of responsibility for the administration
of the function.
SEC. 2506. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
WITH RESPECT TO FUNCTIONS TRANSFERRED.
(a) Determinations.--If necessary, the Director shall make any
determination of the functions that are transferred under this title.
(b) Incidental Transfers.--The Director, at such time or times as
the Director shall provide, may make such determinations as may be
necessary with regard to the functions transferred by this title, and
to make such additional incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made available
in connection with such functions, as may be necessary to carry out the
provisions of this title. The Director shall provide for the
termination of the affairs of all entities terminated by this title and
for such further measures and dispositions as may be necessary to
effectuate the purposes of this title.
SEC. 2507. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.
For purposes of this title, the vesting of a function in a
department or office pursuant to reestablishment of an office shall be
considered to be the transfer of the function.
SEC. 2508. AVAILABILITY OF EXISTING FUNDS.
Existing appropriations and funds available for the performance of
functions, programs, and activities terminated pursuant to this title
shall remain available, for the duration of their period of
availability, for necessary expenses in connection with the termination
and resolution of such functions, programs, and activities.
SEC. 2509. DEFINITIONS.
For purposes of this title--
(1) the term ``function'' includes any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(2) the term `office' includes any office, administration,
agency, bureau, institute, council, unit, organizational
entity, or component thereof.
Subtitle F--Citizens Commission on 21st Century Government
SEC. 2601. SHORT TITLE AND PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``21st Century
Government Act''.
(b) Purpose.--The purpose of this subtitle is to establish a
bipartisan commission to--
(1) identify and analyze the current functions and missions
of the Federal Government; and
(2) based on that analysis, develop recommendations to
restructure the executive branch of the Federal Government, in
order to--
(A) focus Federal efforts on those core functions
and missions that the Federal Government must perform
in the 21st Century;
(B) ensure that the Federal Government performs
those functions as effectively and efficiently as
possible;
(C) consolidate executive organizations around
clear, specific missions reflecting current national
priorities;
(D) eliminate functions that do not advance current
national priorities;
(E) eliminate duplication of functions and
activities within and among departments and agencies;
(F) streamline organizational hierarchy so as to
reduce costs and increase accountability for
performance; and
(G) provide a basis for--
(i) the subsequent implementation of
operational reforms for Federal agencies,
including administrative consolidation and the
provision of 1-stop services for citizens; and
(ii) more detailed structural improvements
within each agency.
SEC. 2602. CITIZENS COMMISSION ON 21ST CENTURY GOVERNMENT.
(a) Establishment.--There is established in the legislative branch
an independent commission to be known as the Citizens Commission on
21st Century Government (in this subtitle referred to as the
``Commission'').
(b) Appointment of Commissioners.--
(1) Composition.--The Commission shall be a bipartisan body
composed of 11 members, who shall be appointed as follows:
(A) Three members shall be appointed by the Speaker
of the House of Representatives.
(B) Three members shall be appointed by the
majority leader of the Senate.
(C) Two members shall be appointed by the minority
leader of the House of Representatives.
(D) Two members shall be appointed by the minority
leader of the Senate.
(E) One member appointed jointly by the Speaker of
the House of Representatives and the majority leader of
the Senate, in consultation with the minority leaders
of the House of Representatives and the Senate, who
shall be the Chairman of the Commission.
(2) Membership qualifications.--Any citizen of the United
States is eligible to be appointed as a member of the
Commission, except an individual serving as a Member of
Congress or an elected or appointed official of the executive
branch of the Federal Government.
(3) Conflict of interests.--For purposes of chapter 11 of
title 18, United States Code, a member of the Commission shall
be a special Government employee.
(4) Date of appointments.--All members of the Commission
shall be appointed no later than 30 days after the date of the
enactment of this Act.
(c) Terms.--Each member of the Commission shall serve until the
termination of the Commission.
(d) Vacancies.--A vacancy on the Commission shall be filled in the
same manner as was the original appointment.
(e) Meetings.--The Commission shall meet as necessary to carry out
its responsibilities.
(f) Travel Expenses.--Members of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
(g) Director.--
(1) Appointment.--The Chairman, in consultation with the
other members of the Commission, shall appoint a Director of
the Commission.
(2) Pay.--The Director shall be paid at the rate of basic
pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(h) Staff.--
(1) Appointment.--The Director may, with the approval of
the Chairman, appoint and fix the pay of employees of the
Commission without regard to the provisions of title 5, United
States Code, governing appointment in the competitive service,
and any Commission employee may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates, except that a Commission employee may not receive pay in
excess of the annual rate of basic pay payable for level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Detail.--(A) Upon request of the Director, the head of
any Federal department or agency may detail any of the
personnel of the department or agency to the Commission to
assist the Commission in carrying out its duties under this
subtitle. Such details may be made with or without
reimbursement, and shall be without interruption or loss of
civil service status or privilege.
(B) Upon request of the Director, a Member of Congress or
an officer who is the head of an office or committee of the
Senate or House of Representatives or of an agency within the
legislative branch may detail an employee of the office or
committee of which such Member or officer is the head to the
Commission to assist the Commission in carrying out its duties
under this subtitle.
(i) Support Services.--The Comptroller General of the United States
shall provide support services to the Commission in accordance with an
agreement entered into with the Commission.
(j) Other Authorities.--The Commission may procure by contract, to
the extent funds are available, the temporary or intermittent services
of experts or consultants pursuant to section 3109 of title 5, United
States Code. The Commission shall give public notice of any such
contract before entering into such contract.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission $1,250,000 for fiscal year 1996 to carry
out its responsibilities under this subtitle, to remain available until
December 31, 1996.
(l) Termination.--The Commission shall terminate December 31, 1996.
SEC. 2603. DEPARTMENT AND AGENCY COOPERATION.
All Federal agencies and employees of all Federal agencies shall
cooperate fully with all requests for information from the Commission
and shall respond to any such request for information within 30 days or
such other time as is agreed upon by the requesting and requested
persons.
SEC. 2604. HEARINGS.
The Commission shall hold such hearings as it considers
appropriate. The Chairman of the Commission shall designate a member of
the Commission to preside at any hearing in the absence of the
Chairman.
SEC. 2605. COMMISSION PROCEDURES.
(a) Startup.--The Commission may conduct business at any time after
at least 6 of its members have been appointed in accordance with
section 2602.
(b) Voting.--A majority of those members of the Commission who have
been appointed in accordance with section 2602 shall constitute a
quorum for purposes of conducting Commission business. Any
recommendation of the Commission shall require an affirmative vote of a
majority of Commission members who have been appointed in accordance
with section 2602. Members of the Commission may not vote by proxy.
SEC. 2606. FRAMEWORK FOR THE FEDERAL GOVERNMENT IN THE 21ST CENTURY.
(a) Analysis of Current Federal Functions.--The Commission shall
conduct a comprehensive review of the functions currently performed by
the Federal Government, and shall analyze each such function under the
following criteria:
(1) Does the function have clearly defined missions and
objectives.
(2) Do those missions and objectives serve a currently
valid and important Federal role, including analysis of
whether--
(A) there is a need for governmental action;
(B) the Federal Government has exclusive
constitutional authority to perform the function;
(C) the Federal Government is otherwise uniquely
positioned to perform the function; and
(D) there is a clear need for or advantage to
performing the function at the Federal level versus at
the State or local level.
(3) Does the current Federal role constitute the most
effective and efficient means of achieving the objectives of
the function.
(4) Does the current Federal role constitute the least
intrusive means of achieving the objectives with respect to
individual liberty and principles of Federalism.
(5) Is there a need to enhance Federal performance of the
function, including analysis of whether--
(A) the Federal Government requires greater
resources or authority to perform that function;
(B) there are other ways of consolidating Federal
resources and activities directed to the function; and
(C) there are opportunities for participation by
the private sector or other levels of government.
(b) Commission Reports and Recommendations.--
(1) In general.--The Commission shall prepare and submit to
the Congress a report or reports on the results of its
analysis. Each report shall be made public and shall include--
(A) the Commission's findings and conclusions;
(B) the Commission's recommendations for the
restructuring or termination of current functions;
(C) the reasons for such findings, conclusions, and
recommendations; and
(D) a complete description of the Commission's
deliberations, including a discussion of any major
points on which the members had significant
disagreements.
(2) Report on matters of highest priority.--Not later than
July 31, 1996, the Commission shall submit a report containing
those findings, conclusions, and recommendations that the
Commission considers to be of highest priority.
(3) Additional reports.--The Commission may submit such
additional reports under this section as it considers
appropriate, and at such times on or before December 31, 1996,
as it considers appropriate.
SEC. 2607. PROPOSAL FOR REORGANIZING THE EXECUTIVE BRANCH.
(a) In General.--The Commission shall--
(1) examine all significant issues related to the
organization of the executive branch of the Federal Government;
and
(2) develop organizational recommendations to eliminate
duplication, reduce costs, streamline operations, and improve
performance and accountability in Federal departments and
agencies.
(b) Legislative Proposal.--The recommendations of the Commission
under this section shall be encompassed in a single legislative
proposal under section 2608 which implements a comprehensive
reorganization and restructuring plan for the executive branch and
which addresses, among other issues, the following:
(1) Whether the Federal Government should include fewer
departments, each with clear, specific missions and goals, and
if so, what those departments should be.
(2) Whether and how to ensure that similar functions of
Government, such as statistical, science, or trade functions,
are consolidated within a single department or agency.
(3) Whether and how significant common administrative
functions should be consolidated within one executive
organization.
(4) Whether a single department-level office should be
designated with responsibility for representation and oversight
within the White House of all independent agencies of the
executive branch.
(5) Whether and how a streamlined hierarchical structure
can be provided within each department and agency.
(c) Other Recommendations.--The Commission may also make additional
recommendations which it determines will enhance the operational
effectiveness of the organizational recommendations. Such
recommendations shall not be included in any draft implementation bill
to be considered under section 2609, but may be submitted separately to
the Congress.
SEC. 2608. PROCEDURES FOR MAKING RECOMMENDATIONS.
(a) Commission Report.--No later than December 31, 1996, the
Commission shall prepare and submit to the Congress a single report,
which shall be made public, and which shall include--
(1) a description of the Commission's findings and
recommendations pursuant to section 2607;
(2) the reasons for such recommendations; and
(3) a single proposal consisting of draft legislation to
implement those recommendations for which legislation is
appropriate.
(b) Review and Comment by the President.--No later than March 31,
1997, the President shall submit to the Congress an evaluation of the
Commission's report under this section, together with any
recommendations that the President considers appropriate.
SEC. 2609. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.
(a) Definitions.--For purposes of this section--
(1) the term ``implementation bill'' means only a bill
which is introduced as provided under subsection (b), and
consists of the draft legislation contained in the report
submitted to Congress under section 2608; and
(2) the term ``calendar day of session'' means a calendar
day other than one on which either House is not in session
because of an adjournment of more than 3 days to a date
certain.
(b) Introduction, Referral, and Report or Discharge.--
(1) Introduction.--On the first calendar day of session on
which both Houses are in session immediately following April
15, 1997, a bill consisting of the draft legislation contained
in the report submitted to Congress under section 2608 shall be
introduced (by request)--
(A) in the Senate by the majority leader or by any
Member designated by the majority leader; and
(B) in the House of Representatives by the majority
leader or by any Member designated by the majority.
If such a bill is not introduced in either House as provided in
the preceding session within 3 calendar days of session after
such first calendar day of session, then any Member of that
House may introduce such a bill.
(2) Referral.--The implementation bill introduced in the
Senate under paragraph (1) shall be referred concurrently to
the Committee on Governmental Affairs of the Senate and other
committees with jurisdiction.
(3) Report or discharge.--If any committee to which an
implementation bill is referred has not reported such bill by
the end of the 15th calendar day of session after the date of
introduction of such bill, such committee shall be immediately
discharged from further consideration of such bill, and upon
being reported or discharged from all committees, such bill
shall be placed on the appropriate calendar of the House
involved.
(c) Procedures for Consideration by the Senate.--
(1) In general.--On or after the second calendar day of
session after the date on which an implementation bill is
placed on the Senate calendar, it is in order (even though a
previous motion to the same effect has been disagreed to) for
any Senator to move to proceed to the consideration of the
implementation bill (but only on the day after the calendar day
of session on which such Senator announces on the floor of the
Senate the Senator's intention to do so). All points of order
against the implementation bill (and against consideration of
the implementation bill) are waived. The motion is privileged
and is not debatable. The motion is not subject to amendment,
or to a motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
implementation bill is agreed to, the Senate shall immediately
proceed to consideration of the implementation bill without
intervening motion, order, or other business, and the
implementation bill shall remain the unfinished business of the
Senate until disposed of.
(2) Debate.--Debate on the implementation bill, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between the majority leader and the minority leader or
their designees. An amendment to the implementation bill is not
in order. A motion further to limit debate is in order and not
debatable. A motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
implementation bill is not in order. A motion to reconsider the
vote by which the implementation bill is agreed to or disagreed
to is not in order.
(3) Motion to suspend or waive application.--No motion to
suspend or waive the application of this subsection shall be in
order, except by unanimous consent.
(4) Appeals from chair.--Appeals from the decisions of the
Chair relating to the application of the rules of the Senate to
the procedure relating to an implementation bill shall be
decided without debate.
(5) Final passage.--Immediately following the conclusion of
the debate on an implementation bill and a single quorum call
at the conclusion of the debate if requested in accordance with
the rules of the Senate, the vote on final passage of the
implementation bill shall occur.
(d) Consideration by Other House.--
(1) In general.--If, before the passage by the Senate of an
implementation bill, the Senate receives from the House of
Representatives an implementation bill, then the following
procedures shall apply:
(A) The implementation bill of the House of
Representatives shall not be referred to a committee
and may not be considered in the Senate except in the
case of final passage as provided in subparagraph
(B)(ii).
(B) With respect to an implementation bill of the
Senate--
(i) the procedure in the Senate shall be
the same as if no implementation bill had been
received from the House of Representatives; but
(ii) the vote on final passage shall be on
the implementation bill of the House of
Representatives.
(2) Final disposition.--Upon disposition of the
implementation bill received from the House of Representatives,
it shall no longer be in order to consider the implementation
bill that originated in the Senate.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill, and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change its rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 2610. DISTRIBUTION OF ASSETS.
Any proceeds from the sale of assets of any department or agency
resulting from the enactment of an implementation bill under section
2609 shall be--
(1) applied to reduce the Federal deficit; and
(2) deposited in the Treasury and treated as general
receipts.
SEC. 2611. AGENCY DEFINED.
For purposes of this subtitle, the term ``agency'' means each
authority of the Federal Government, including all departments,
independent agencies, government-sponsored enterprises, and Government
corporations, except the legislative branch, judicial branch, the
governments of the territories or possessions of the United States, or
the District of Columbia.
TITLE III-REGULATORY REFORM
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Comprehensive Regulatory Reform
Act of 1995''.
SEC. 3002. ANALYSIS OF AGENCY RULES.
(a) In General.--(1) Section 551 of title 5, United States Code, is
amended by striking ``and'' at the end of paragraph (13), by striking
the period at the end of paragraph (14) and inserting a semicolon, and
by adding at the end the following:
``(15) `major rule' means any rule subject to section
553(c) that is likely to result in--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions, or
``(C) significant adverse effects on competition,
employment, investment, productivity, in-
novation, or on the ability of United States-based enterprises
to compete with foreign-based enterprises in domestic and
export markets;
``(16) `Director' means the Director of the Office of
Management and Budget;
``(17) `cost' means the reasonably identifiable significant
adverse effects, quantifiable and nonquantifiable, including
social, environmental, health, and economic effects that are
expected to result directly or indirectly from implementation
of a rule or other agency action;
``(18) `cost-benefit analysis' means an evaluation of the
costs and benefits of a rule, quantified to the extent feasible
and appropriate and otherwise qualitatively described, that is
prepared in accordance with the requirements of this subchapter
at the level of detail appropriate and practicable for reasoned
decision making on the matter involved, taking into
consideration the significance and complexity of the decision
and any need for expedition; and
``(19) `reasonable alternatives' means the range of
reasonable regulatory options that the agency has authority to
consider under the statute granting rulemaking authority,
including flexible regulatory options, unless precluded by the
statute granting the rulemaking authority.''.
(2) Section 553 of title 5, United States Code, is amended by
adding at the end the following:
``(f)(1) Each agency shall for a proposed major rule publish in the
Federal Register, at least 90 days before the date of publication of
the general notice required under subsection (b), a notice of intent to
engage in rulemaking.
``(2) A notice under paragraph (1) for a proposed major rule shall
include, to the extent possible, the information required to be
included in a regulatory impact analysis for the rule under subsection
(i)(4)(B) and (D).
``(3) For a major rule proposed by an agency, the head of the
agency shall include in a general notice under subsection (b), a
preliminary regulatory impact analysis for the rule prepared in
accordance with subsection (i).
``(4) For a final major rule, the agency shall include with the
statement of basis and purpose--
``(A) a summary of a final regulatory impact analysis of
the rule in accordance with subsection (i); and
``(B) a clear delineation of all changes in the information
included in the final regulatory impact analysis under
subsection (i) from any such information that was included in
the notice for the rule under subsection (b).
The agency shall provide the complete text of a final regulatory impact
analysis upon request.
``(5) The issuance of a notice of intent to engage in rulemaking
under paragraph (1) and the issuance of a preliminary regulatory impact
analysis under paragraph (3) shall not be considered final agency
action for purposes of section 704.
``(6) In a rulemaking involving a major rule, the agency conducting
the rulemaking shall make a written record describing the subject of
all contacts the agency made with persons outside the agency relating
to such rulemaking. If the contact was made with a non-governmental
person, the written record of such contact shall be made available,
upon request to the public.''.
(3)(A) Hearing Requirement.--Section 553 of title 5, United States
Code, is further amended by adding after subsection (f) the following:
``(g) If more than 100 interested persons acting individually
submit requests for a hearing to an agency regarding any major rule
proposed by the agency, the agency shall hold such a hearing on the
proposed rule.''.
(B) Extension of Comment Period.--Section 553 of title 5, United
States Code is further amended by adding after subsection (g) the
following:
``(h) If during the 90-day period beginning on the date of
publication of a notice under subsection (f) for a proposed major rule,
or if during the period beginning on the date of publication or service
of notice required by subsection (b) for a proposed major rule, more
than 100 persons individually contact the agency to request an
extension of the period for making submissions under subsection (c)
pursuant to the notice, the agency--
``(1) shall provide an additional 30-day period for making
those submissions; and
``(2) may not adopt the rule until after the additional
period.''.
(C) Response to Comments.--Section 553(c) of title 5, United States
Code, is amended--
(i) by inserting ``(1)'' after ``(c)''; and
(ii) by adding at the end the following:
``(2) Each agency shall publish in the Federal Register, with each
rule published under section 552(a)(1)(D), responses to the substance
of the comments received by the agency regarding the rule.''.
(4) Section 553 of title 5, United States Code, is further amended
by adding after subsection (h) the following:
``(i)(1) Each agency shall, in connection with every major rule,
prepare, and, to the extent permitted by law, consider, a regulatory
impact analysis. Such analysis may be combined with any regulatory
flexibility analysis performed under sections 603 and 604.
``(2) Each agency shall initially determine whether a rule it
intends to propose or issue is a major rule. The Director shall have
authority to order a rule to be treated as a major rule and to require
any set of related rules to be considered together as a major rule.
``(3) Except as provided in subsection (j), agencies shall
prepare--
``(A) a preliminary regulatory impact analysis, which shall
be transmitted, along with a notice of proposed rulemaking, to
the Director at least 60 days prior to the publication of
notice of proposed rulemaking, and
``(B) a final regulatory impact analysis, which shall be
transmitted along with the final rule at least 30 days prior to
the publication of a major rule.
``(4) Each preliminary and final regulatory impact analysis shall
contain the following information:
``(A) A description of the potential benefits of the rule,
including any beneficial effects that cannot be quantified in
monetary terms and the identification of those likely to
receive the benefits.
``(B) An explanation of the necessity, legal authority, and
reasonableness of the rule and a description of the condition
that the rule is to address.
``(C) A description of the potential costs of the rule,
including any adverse effects that cannot be quantified in
monetary terms, and the identification of those likely to bear
the costs.
``(D) An analysis of alternative approaches, including
market based mechanisms or other flexible regulatory options
that could substantially achieve the same regulatory goal at a
lower cost and an explanation of the reasons why such
alternative approaches were not adopted, together with a
demonstration that the rule provides for the least costly
approach.
``(E) A statement that the rule does not conflict with, or
duplicate, any other rule or a statement of the reasons why
such a conflict or duplication exists.
``(F) A statement of whether the rule will require on-site
inspections or whether persons will be required by the rule to
maintain any records which will be subject to inspection, and a
statement of whether the rule will require persons to obtain
licenses, permits, or other certifications, including
specification of any associated fees or fines.
``(G) An estimate of the costs to the agency for
implementation and enforcement of the rule and of whether the
agency can be reasonably expected to implement the rule with
the current level of appropriations.
``(5)(A) the Director is authorized to review and prepare comments
on any preliminary or final regulatory impact analysis, notice of
proposed rulemaking, or final rule based on the requirements of this
subsection.
``(B) Upon the request of the Director, an agency shall consult
with the Director concerning the review of a preliminary impact
analysis or notice of proposed rulemaking and shall refrain from
publishing its preliminary regulatory impact analysis or notice of
proposed rulemaking until such review is concluded. The Director's
review may not take longer than 90 days after the date of the request
of the Director.
``(6)(A) An agency may not adopt a major rule unless the final
regulatory impact analysis for the rule is approved or commented upon
in writing by the Director or by an individual designated by the
Director for that purpose.
``(B) Upon receiving notice that the Director intends to comment in
writing with respect to any final regulatory impact analysis or final
rule, the agency shall refrain from publishing its final regulatory
impact analysis or final rule until the agency has responded to the
Director's comments and incorporated those comments in the agency's
response in the rulemaking file.
``(7)(A) Except as provided in subparagrph (B), no final major rule
subject to this section shall be promulgated unless the agency head
publishes in the Federal Register a finding that--
''(i) the benefits of the rule justify the costs of the
rule; and
``(ii) the rule employs to the extent practicable flexible
alternatives as set forth in paragraph (4)(D) and adopts the
reasonable alternative which has the greater net benefits and
achieves the objectives of the statute.
``(B) If, applying the statutory requirements upon which the rule
is based, a rule cannot satisfy the criteria of subparagraph (A), the
agency head may promulgate the rule if the agency head finds that--
``(i) the rule employs to the extent practicable flexible
reasonable alternatives of the type described in paragraph
(4)(D); and
``(ii) the rule adopts the alternative with the least net
cost of the reasonable alternatives that achieve the objectives
of the statute.
``(8) Notwithstanding section 551(16), for purposes of this
subsection with regard to any rule proposed or issued by an appropriate
Federal banking agency (as that term is defined in section 3(q) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(q)), the National Credit
Union Administration, or the Office of Federal Housing Enterprise
Oversight, the term `Director' means the head of such agency,
Administration, or Office.''.
(5) Section 553 of title 5, United States Code, is further amended
by adding after subsection (i) the following:
``(j) To the extent practicable, the head of an agency shall seek
to ensure that any proposed major rule or regulatory impact analysis of
such a rule is written in a reasonably simple and understandable manner
and provides adequate notice of the content of the rule to affected
persons.''.
(6) Section 553 of title 5, United States Code, is further amended
by adding after subsection (j) the following:
``(k)(1) The provisions of this section regarding major rules shall
not apply if--
``(A) the agency for good cause finds that conducting cost-
benefit analysis is impracticable due to an emergency, or
health or safety threat, or a food safety threat that is likely
to result in significant harm to the public or natural
resources; and
``(B) the agency publishes in the Federal Register,
together with such finding, a succinct statement of the basis
for the finding.
``(2) Not later than one year after the promulgation of a final
major rule to which paragraph (1) applies, the agency shall comply with
the provisions of this subchapter and, as thereafter necessary, revise
the rule.
(7) Section 553 of title 5, United States Code, is further amended
by adding after subsection (k) the following:
``(l) The provisions of this section regarding major rules shall
not apply to--
``(1) any regulation proposed or issued in connection with
the implementation of monetary policy or to ensure the safety
and soundness of federally insured depository institutions, any
affiliate of such institution, credit unions, or government
sponsored housing enterprises regulated by the Office of
Federal Housing Enterprise Oversight;
``(2) any agency action that the head of the agency
certifies is limited to interpreting, implementing, or
administering the internal revenue laws of the United States,
including any regulation proposed or issued in connection with
ensuring the collection of taxes from a subsidiary of a foreign
company doing business in the United States; and
``(3) any regulation proposed or issued pursuant to section
553 of title 5, United States Code, in connection with imposing
trade sanctions against any country that engages in illegal
trade activities against the United States that are injurious
to American technology, jobs, pensions, or general economic
well-being.''.
(8) The Director of the Office of Management and Budget shall
submit a report to the Congress no later than 24 months after the date
of the enactment of this Act containing an analysis of rulemaking
procedures of Federal agencies and an analysis of the impact of those
rulemaking procedures on the regulated public and regulatory process.
(9) The amendments made by this subsection shall apply only to
final agency rules issued after rulemaking begun after the date of
enactment of this Act.
SEC. 3003. RISK ASSESSMENT.
(a) In General.--Chapter 6 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER III--RISK ASSESSMENTS
``Sec. 631. Short title
``This subchapter may be cited as the `Risk Assessment and
Communication Act of 1995'.
``Sec. 632. Purposes
``The purposes of this subchapter are--
``(1) to present the public and executive branch with the
most scientifically objective and unbiased information
concerning the nature and magnitude of health, safety, and
environmental risks in order to provide for sound regulatory
decisions and public education;
``(2) to provide for full consideration and discussion of
relevant data and potential methodologies;
``(3) to require explanation of significant choices in the
risk assessment process which will allow for better peer review
and public understanding; and
``(4) to improve consistency within the executive branch in
preparing risk assessments and risk characterizations.
``Sec. 633. Effective date; applicability; savings provisions
``(a) Effective Date.--Except as otherwise specifically provided in
this subchapter, the provisions of this subchapter shall take effect 18
months after the date of enactment of this subchapter.
``(b) Applicability.--
``(1) In general.--Except as provided in paragraph (3),
this subchapter applies to all significant risk assessment
documents and significant risk characterization documents, as
defined in paragraph (2).
``(2) Significant risk assessment document or significant
risk characterization document.--(A) As used in this
subchapter, the terms `significant risk assessment document'
and `significant risk characterization document' include, at a
minimum, risk assessment documents or risk characterization
documents prepared by or on behalf of a covered Federal agency
in the implementation of a regulatory program designed to
protect human health, safety, or the environment, used as a
basis for one of the items referred to in subparagraph (B),
and--
``(i) included by the agency in that item; or
``(ii) inserted by the agency in the administrative
record for that item.
``(B) The items referred to in subparagraph (A) are the
following:
``(i) Any proposed or final major rule, including
any analysis or certification under subchapter II,
promulgated as part of any Federal regulatory program
designed to protect human health, safety, or the
environment.
``(ii) Any proposed or final environmental clean-up
plan for a facility or Federal guidelines for the
issuance of any such plan. As used in this clause, the
term `environmental clean-up' means a corrective action
under the Solid Waste Disposal Act, a removal or
remedial action under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, and
any other environmental restoration and waste
management carried out by or on behalf of a covered
Federal agency with respect to any substance other than
municipal waste.
``(iii) Any proposed or final permit condition
placing a restriction on facility siting or operation
under Federal laws administered by the Environmental
Protection Agency or the Department of the Interior.
Nothing in this section (iii) shall apply to the
requirements of section 404 of the Clean Water Act.
``(iv) Any report to Congress.
``(v) Any regulatory action to place a substance on
any official list of carcinogens or toxic or hazardous
substances or to place a new health effects value on
such list, including the Integrated Risk Information
System Database maintained by the Environmental
Protection Agency.
``(vi) Any guidance, including protocols of general
applicability, establishing policy regarding risk
assessment or risk characterization.
``(C) The terms `significant risk assessment document' and
`significant risk characterization document' shall also include
the following:
``(i) Any such risk assessment and risk
characterization documents provided by a covered
Federal agency to the public and which are likely to
result in an annual effect on the economy of
$75,000,000 or more.
``(ii) Environmental restoration and waste
management carried out by or on behalf of the
Department of Defense with respect to any substance
other than municipal waste.
``(D) Within 15 months after the date of the enactment of
this subchapter, each covered Federal agency administering a
regulatory program designed to protect human health, safety, or
the environment shall promulgate a rule establishing those
additional categories, if any, of risk assessment and risk
characterization documents prepared by or on behalf of the
covered Federal agency that the agency will consider
significant risk assessment documents or significant risk
characterization documents for purposes of this subchapter. In
establishing such categories, the head of the agency shall
consider each of the following:
``(i) The benefits of consistent compliance by
documents of the covered Federal agency in the
categories.
``(ii) The administrative burdens of including
documents in the categories.
``(iii) The need to make expeditious administrative
decisions regarding documents in the categories.
``(iv) The possible use of a risk assessment or
risk characterization in any compilation of risk
hazards or health or environmental effects prepared by
an agency and commonly made available to, or used by,
any Federal, State, or local government agency.
``(v) Such other factors as may be appropriate.
``(E)(i) Not later than 18 months after the date of the
enactment of this subchapter, the President, acting through the
Director of the Office of Management and Budget, shall
determine whether any other Federal agencies should be
considered covered Federal agencies for purposes of this
subchapter. Such determination, with respect to a particular
Federal agency, shall be based on the impact of risk assessment
documents and risk characterization documents on--
``(I) regulatory programs administered by that
agency; and
``(II) the communication of risk information by
that agency to the public.
The effective date of such a determination shall be no later
than 6 months after the date of the determination.
``(ii) Not later than 15 months after the President, acting
through the Director of the Office of Management and Budget,
determines pursuant to clause (i) that a Federal agency should
be considered a covered Federal agency for purposes of this
subchapter, the head of that agency shall promulgate a rule
pursuant to subparagraph (D) to establish additional categories
of risk assessment and risk characterization documents
described in that subparagraph.
``(3) Exceptions.--(A) This subchapter does not apply to
risk assessment or risk characterization documents containing
risk assessments or risk characterizations performed with
respect to the following:
``(i) A screening analysis, where appropriately
labeled as such, including a screening analysis for
purposes of product regulation or premanufacturing
notices.
``(ii) Any health, safety, or environmental
inspections.
``(iii) The sale or lease of Federal resources or
regulatory activities that directly result in the
collection of Federal receipts.
``(B) No analysis shall be treated as a screening analysis
for purposes of subparagraph (A) if the results of such
analysis are used as the basis for imposing restrictions on
substances or activities.
``(C) The risk assessment principle set forth in this
634(b)(1) need not apply to any risk assessment or risk
characterization document described in clause (iii) of
paragraph (2)(B). The risk characterization and communication
principle set forth in section 635(4) need not apply to any
risk assessment or risk characterization document described in
clause (v) or (vi) of paragraph (2)(B).
``(c) Savings Provisions.--The provisions of this subchapter shall
be supplemental to any other provisions of law relating to risk
assessments and risk characterizations, except that nothing in this
subchapter shall be construed to modify any statutory standard or
statutory requirement designed to protect health, safety, or the
environment. Nothing in this subchapter shall be interpreted to
preclude the consideration of any data or the calculation of any
estimate to more fully describe risk or provide examples of scientific
uncertainty or variability. Nothing in this subchapter shall be
construed to require the disclosure of any trade secret or other
confidential information.
``Sec. 634. Principles for risk assessment
``(a) In General.--The head of each covered Federal agency shall
apply the principles set forth in subsection (b) in order to assure
that significant risk assessment documents and all of their components
distinguish scientific findings from other considerations and are, to
the extent feasible, scientifically objective, unbiased, and inclusive
of all relevant data and rely, to the extent available and practicable,
on scientific findings. Discussions or explanations required under this
section need not be repeated in each risk assessment document as long
as there is a reference to the relevant discussion or explanation in
another agency document which is available to the public.
``(b) Principles.--The principles to be applied are as follows:
``(1) When discussing human health risks, a significant
risk assessment document shall contain a discussion of both
relevant laboratory and relevant epidemiological data of
sufficient quality which finds, or fails to find, a correlation
between health risks and a potential toxin or activity. Where
conflicts among such data appear to exist, or where animal data
is used as a basis to assess human health, the significant risk
assessment document shall, to the extent feasible and
appropriate, include discussion of possible reconciliation of
conflicting information, and as relevant, differences in study
designs, comparative physiology, routes of exposure,
bioavailability, pharmacokinetics, and any other relevant
factor, including the sufficiency of basic data for review. The
discussion of possible reconciliation should indicate whether
there is a biological basis to assume a resulting harm in
humans. Animal data shall be reviewed with regard to its
relevancy to humans.
``(2) Where a significant risk assessment document involves
selection of any significant assumption, inference, or model,
the document shall, to the extent feasible--
``(A) present a representative list and explanation
of plausible and alternative assumptions, inferences,
or models;
``(B) explain the basis for any choices;
``(C) identify any policy or value judgments;
``(D) fully describe any model used in the risk
assessment and make explicit the assumptions
incorporated in the model; and
``(E) indicate the extent to which any significant
model has been validated by, or conflicts with,
empirical data.
``Sec. 635. Principles for risk characterization and communication
``Each significant risk characterization document shall meet each
of the following requirements:
``(1) Estimates of risk.--The risk characterization shall
describe the populations or natural resources which are the
subject of the risk characterization. If a numerical estimate
of risk is provided, the agency shall, to the extent feasible,
provide--
``(A) the best estimate or estimates for the
specific populations or natural resources which are the
subject of the characterization (based on the
information available to the Federal agency); and
``(B) a statement of the reasonable range of
scientific uncertainties.
In addition to such best estimate or estimates, the risk
characterization document may present plausible upper-bound or
conservative estimates in conjunction with plausible lower
bound estimates. Where appropriate, the risk characterization
document may present, in lieu of a single best estimate,
multiple best estimates based on assumptions, inferences, or
models which are equally plausible, given current scientific
understanding. To the extent practical and appropriate, the
document shall provide descriptions of the distribution and
probability of risk estimates to reflect differences in
exposure variability or sensitivity in populations and
attendant uncertainties. Sensitive subpopulations or highly
exposed subpopulations include, where relevant and appropriate,
children, the elderly, pregnant women, and disabled persons.
``(2) Exposure scenarios.--The risk characterization
document shall explain the exposure scenarios used in any risk
assessment, and, to the extent feasible, provide a statement of
the size of the corresponding population at risk and the
likelihood of such exposure scenarios.
``(3) Comparisons.--The document shall contain a statement
that places the nature and magnitude of risks to human health,
safety, or the environment in context. Such statement shall, to
the extent feasible, provide comparisons with estimates of
greater, lesser, and substantially equivalent risks that are
familiar to and routinely encountered by the general public as
well as other risks, and, where appropriate and meaningful,
comparisons of those risks with other similar risks regulated
by the Federal agency resulting from comparable activities and
exposure pathways. Such comparisons should consider relevant
distinctions among risks, such as the voluntary or involuntary
nature of risks and the preventability or nonpreventability of
risks.
``(4) Substitution risks.--Each significant risk assessment
or risk characterization document shall include a statement of
any significant substitution risks to human health, where
information on such risks has been provided to the agency.
``(5) Summaries of other risk estimates.--If--
``(A) a commenter provides a covered Federal agency
with a relevant risk assessment document or a risk
characterization document, and a summary thereof,
during a public comment provided by the agency for a
significant risk assessment document or a significant
risk characterization document, or, where no comment
period is provided but a commenter provides the covered
Federal agency with the relevant risk assessment
document or risk characterization document, and a
summary thereof, in a timely fashion, and
``(B) the risk assessment document or risk
characterization document is consistent with the
principles and the guidance provided under this
subchapter,
the agency shall, to the extent feasible, present such summary
in connection with the presentation of the agency's significant
risk assessment document or significant risk characterization
document. Nothing in this paragraph shall be construed to limit
the inclusion of any comments or material supplied by any
person to the administrative record of any proceeding.
A document may satisfy the requirements of paragraph (3), (4) or (5) by
reference to information or material otherwise available to the public
if the document provides a brief summary of such information or
material.
``Sec. 636. Recommendations or classifications by a non-United States-
based entity
``No covered Federal agency shall automatically incorporate or
adopt any recommendation or classification made by a non-United States-
based entity concerning the health effects value of a substance without
an opportunity for notice and comment, and any risk assessment document
or risk characterization document adopted by a covered Federal agency
on the basis of such a recommendation or classification shall comply
with the provisions of this subchapter. For the purposes of this
section, the term `non-United States-based entity' means--
``(1) any foreign government and its agencies;
``(2) the United Nations or any of its subsidiary
organizations;
``(3) any other international governmental body or
international standards-making organization; or
``(4) any other organization or private entity without a
place of business located in the United States or its
territories.
``Sec. 637. Guidelines and report
``(a) Guidelines.--Within 15 months after the date of enactment of
this subchapter, the President shall issue guidelines for Federal
agencies consistent with the risk assessment and characterization
principles set forth in sections 634 and 635 and shall provide a format
for summarizing risk assessment results. In addition, such guidelines
shall include guidance on at least the following subjects: criteria for
scaling animal studies to assess risks to human health; use of
different types of dose-response models; thresholds; definitions, use,
and interpretations of the maximum tolerated dose; weighting of
evidence with respect to extrapolating human health risks from
sensitive species; evaluation of benign tumors, and evaluation of
different human health endpoints.
``(b) Report.--Within 3 years after the date of the enactment of
this subchapter, each covered Federal agency shall provide a report to
the Congress evaluating the categories of policy and value judgments
identified under subparagraph (C) of section 634(b)(2).
``(c) Public Comment and Consultation.--The guidelines and report
under this section, shall be developed after notice and opportunity for
public comment, and after consultation with representatives of
appropriate State, local, and tribal governments, and such other
departments and agencies, offices, organizations, or persons as may be
advisable.
``(d) Review.--The President shall review and, where appropriate,
revise the guidelines published under this section at least every 4
years.
``Sec. 638. Research and training in risk assessment
``(a) Evaluation.--The head of each covered agency shall regularly
and systematically evaluate risk assessment research and training needs
of the agency, including, where relevant and appropriate, the
following:
``(1) Research to reduce generic data gaps, to address
modelling needs (including improved model sensitivity), and to
validate default options, particularly those common to multiple
risk assessments.
``(2) Research leading to improvement of methods to
quantify and communicate uncertainty and variability among
individuals, species, populations, and, in the case of
ecological risk assessment, ecological communities.
``(3) Emerging and future areas of research, including
research on comparative risk analysis, exposure to multiple
chemicals and other stressors, noncancer endpoints, biological
markers of exposure and effect, mechanisms of action in both
mammalian and nonmammalian species, dynamics and probabilities
of physiological and ecosystem exposures, and prediction of
ecosystem-level responses.
``(4) Long-term needs to adequately train individuals in
risk assessment and risk assessment application. Evaluations
under this paragraph shall include an estimate of the resources
needed to provide necessary training.
``(b) Strategy and Actions To Meet Identified Needs.--The head of
each covered agency shall develop a strategy and schedule for carrying
out research and training to meet the needs identified in subsection
(a).
``(c) Report.--Not later than 6 months after the date of the
enactment of this subchapter, the head of each covered agency shall
submit to the Congress a report on the evaluations conducted under
subsection ``(a) and the strategy and schedule developed under
subsection ``(b). The head of each covered agency shall report to the
Congress periodically on the evaluations, strategy, and schedule.
``Sec. 639. Study of comparative risk analysis
``(a) In General.--(1) The Director of the Office of Management and
Budget, in consultation with the Office of Science and Technology
Policy, shall conduct, or provide for the conduct of, a study using
comparative risk analysis to rank health, safety, and environmental
risks and to provide a common basis for evaluating strategies for
reducing or preventing those risks. The goal of the study shall be to
improve methods of comparative risk analysis.
``(2) Not later than 90 days after the date of the enactment of
this subchapter, the Director, in collaboration with the heads of
appropriate Federal agencies, shall enter into a contract with the
National Research Council to provide technical guidance on approaches
to using comparative risk analysis and other considerations in setting
health, safety, and environmental risk reduction priorities.
``(b) Scope of Study.--The study shall have sufficient scope and
breadth to evaluate comparative risk analysis and to test approaches
for improving comparative risk analysis and its use in setting
priorities for health, safety, and environmental risk reduction. The
study shall compare and evaluate a range of diverse health, safety, and
environmental risks.
``(c) Study Participants.--In conducting the study, the Director
shall provide for the participation of a range of individuals with
varying backgrounds and expertise, both technical and nontechnical,
comprising broad representation of the public and private sectors.
``(d) Duration.--The study shall begin within 180 days after the
date of the enactment of this subchapter and terminate within 2 years
after the date on which it began.
``(e) Recommendations for Improving Comparative Risk Analysis and
Its Use.--Not later than 90 days after the termination of the study,
the Director shall submit to the Congress the report of the National
Research Council with recommendations regarding the use of comparative
risk analysis and ways to improve the use of comparative risk analysis
for decision-making in appropriate Federal agencies.
``Sec. 639a. Definitions
``For purposes of this subchapter:
``(1) Risk assessment document.--The term `risk assessment
document' means a document containing the explanation of how
hazards associated with a substance, activity, or condition
have been identified, quantified, and assessed. The term also
includes a written statement accepting the findings of any such
document.
``(2) Risk characterization document.--The term `risk
characterization document' means a document quantifying or
describing the degree of toxicity, exposure, or other risk
posed by hazards associated with a substance, activity, or
condition to which individuals, populations, or resources are
exposed. The term also includes a written statement accepting
the findings of any such document.
``(3) Best estimate.--The term `best estimate' means a
scientifically appropriate estimate which is based, to the
extent feasible, on one of the following:
``(A) Central estimates of risk using the most
plausible assumptions.
``(B) An approach which combines multiple estimates
based on different scenarios and weighs the probability
of each scenario.
``(C) Any other methodology designed to provide the
most unbiased representation of the most plausible
level of risk, given the current scientific information
available to the Federal agency concerned.
``(4) Substitution risk.--The term `substitution risk'
means a potential risk to human health, safety, or the
environment from a regulatory alternative designed to decrease
other risks.
``(5) Covered federal agency.--The term `covered Federal
agency' means each of the following:
``(A) The Environmental Protection Agency.
``(B) The Occupational Safety and Health
Administration.
``(C) The Department of Transportation (including
the National Highway Transportation Safety
Administration).
``(D) The Food and Drug Administration.
``(E) The Department of Energy.
``(F) The Department of the Interior.
``(G) The Department of Agriculture.
``(H) The Consumer Product Safety Commission.
``(I) The National Oceanic and Atmospheric
Administration.
``(J) The United States Army Corps of Engineers.
``(K) The Mine Safety and Health Administration.
``(L) The Nuclear Regulatory Commission.
``(M) Any other Federal agency considered a covered
Federal agency pursuant to section 413(b)(2)(E).
``(6) Federal agency.--The term `Federal agency' means an
executive department, military department, or independent
establishment as defined in part I of title 5 of the United
States Code, except that such term also includes the Office of
Technology Assessment.
``(7) Document.--The term `document' includes material
stored in electronic or digital form.
``Sec. 639b. Peer review program
``(a) Establishment.--For regulatory programs designed to protect
human health, safety, or the environment, the head of each Federal
agency shall develop a systematic program for independent and external
peer review required by subsection (b). Such program shall be
applicable across the agency and--
``(1) shall provide for the creation of peer review panels
consisting of experts and shall be broadly representative and
balanced and to the extent relevant and appropriate, may
include representatives of State, local, and tribal
governments, small businesses, other representatives of
industry, universities, agriculture, labor, consumers,
conservation organizations, or other public interest groups and
organizations;
``(2) may provide for differing levels of peer review and
differing numbers of experts on peer review panels, depending
on the significance or the complexity of the problems or the
need for expeditiousness;
``(3) shall not exclude peer reviewers with substantial and
relevant expertise merely because they represent entities that
may have a potential interest in the outcome, provided that
interest is fully disclosed to the agency and in the case of a
regulatory decision affecting a single entity, no peer reviewer
representing such entity may be included on the panel;
``(4) may provide specific and reasonable deadlines for
peer review panels to submit reports under subsection (c); and
``(5) shall provide adequate protections for confidential
business information and trade secrets, including requiring
peer reviewers to enter into confidentiality agreements.
``(b) Requirement for Peer Review.--In connection with any rule
that is likely to result in an annual increase in costs of $100,000,000
or more (other than any rule or other action taken by an agency to
authorize or approve any individual substance or product), each Federal
agency shall provide for peer review in accordance with this section of
any risk assessment or cost analysis which forms the basis for such
rule or of any analysis under section 431(a). In addition, the Director
of the Office of Management and Budget may order that peer review be
provided for any major risk assessment or cost assessment that is
likely to have a significant impact on public policy decisions.
``(c) Contents.--Each peer review under this section shall include
a report to the Federal agency concerned with respect to the scientific
and economic merit of data and methods used for the assessments and
analyses.
``(d) Response to Peer Review.--The head of the Federal agency
shall provide a written response to all significant peer review
comments.
``(e) Availability to Public.--All peer review comments or
conclusions and the agency's responses shall be made available to the
public and shall be made part of the administrative record.
``(f) Previously Reviewed Data and Analysis.--No peer review shall
be required under this section for any data or method which has been
previously subjected to peer review or for any component of any
analysis or assessment previously subjected to peer review.
``(g) National Panels.--The President shall appoint National Peer
Review Panels to annually review the risk assessment and cost
assessment practices of each Federal agency for programs designed to
protect human health, safety, or the environment. The Panel shall
submit a report to the Congress no less frequently than annually
containing the results of such review.
``Sec. 639c. Petition for review of a major free-standing risk
assessment
``(a) Any interested person may petition an agency to conduct a
scientific review of a risk assessment conducted or adopted by the
agency, except for a risk assessment used as the basis for a major rule
or a site-specific risk assessment.
``(b) The agency shall utilize external peer review, as
appropriate, to evaluate the claims and analyses in the petition, and
shall consider such review in making its determination of whether to
grant the petition.
``(c) The agency shall grant the petition if the petition
establishes that there is a reasonable likelihood that--
``(1)(A) the risk assessment that is the subject of the
petition was carried out in a manner substantially inconsistent
with the principles in section 633; or
``(B) the risk assessment that is the subject of the
petition does not take into account material significant new
scientific data and scientific understanding;
``(2) the risk assessment that is the subject of the
petition contains significantly different results than if it
had been properly conducted pursuant to subchapter III; and
``(3) a revised risk assessment will provide the basis for
reevaluating an agency determination of risk, and such
determination currently has an effect on the United States
economy equivalent to that of major rule.
``(d) A decision to grant, or final action to deny, a petition
under this subsection shall be made not later than 180 days after the
petition is submitted.
``(e) If the agency grants the petition, it shall complete its
review of the risk assessment not later than 1 year after its decision
to grant the petition. If the agency revises the risk assessment, in
response to its review, it shall do so in accordance with section 633.
``Sec. 639d. Risk-based priorities
``(a) Purposes.--The purposes of this section are to--
``(1) encourage Federal agencies engaged in regulating
risks to human health, safety, and the environment to achieve
the greatest risk reduction at the least cost practical;
``(2) promote the coordination of policies and programs to
reduce risks to human health, safety, and the environment; and
``(3) promote open communication among Federal agencies,
the public, the President, and Congress regarding
environmental, health, and safety risks, and the prevention and
management of those risks.
``(b) Definitions.--For the purposes of this section:
``(1) Comparative risk analysis.--The term `comparative
risk analysis' means a process to systematically estimate,
compare, and rank the size and severity of risks to provide a
common basis for evaluating strategies for reducing or
preventing those risks.
``(2) Covered agency.--The term `covered agency' means each
of the following:
``(A) The Environmental Protection Agency.
``(B) The Department of Labor.
``(C) The Department of Transportation.
``(D) The Food and Drug Administration.
``(E) The Department of Energy.
``(F) The Department of the Interior.
``(G) The Department of Agriculture.
``(H) The Consumer Product Safety Commission.
``(I) The National Oceanic and Atmospheric
Administration.
``(J) The United States Army Corps of Engineers.
``(K) The Nuclear Regulatory Commission.
``(3) Effect.--The term `effect' means a deleterious change
in the condition of--
``(A) a human or other living thing (including
death, cancer, or other chronic illness, decreased
reproductive capacity, or disfigurement); or
``(B) an inanimate thing important to human welfare
(including destruction, degeneration, the loss of
intended function, and increased costs for
maintenance).
``(4) Irreversibility.--The term `irreversibility' means
the extent to which a return to conditions before the
occurrence of an effect are either very slow or will never
occur.
``(5) Likelihood.--The term `likelihood' means the
estimated probability that an effect will occur.
``(6) Magnitude.--The term `magnitude' means the number of
individuals or the quantity of ecological resources or other
resources that contribute to human welfare that are affected by
exposure to a stressor.
``(7) Seriousness.--The term `seriousness' means the
intensity of effect, the likelihood, the irreversibility, and
the magnitude.
``(c) Department and Agency Program Goals.--
``(1) Setting priorities.--In exercising authority under
applicable laws protecting human health, safety, or the
environment, the head of each covered agency shall set
priorities for the use of resources available under those laws
to address those risks to human health, safety, and the
environment that--
``(A) the covered agency determines to be most
serious; and
``(B) can be addressed in a cost-effective manner,
with the goal of achieving the greatest overall net
reduction in risks with the public and private sector
resources expended.
``(2) Determining the most serious risks.--In identifying
the greatest risks under paragraph (1) of this subsection, each
covered agency shall consider, at a minimum--
``(A) the likelihood, irreversibility, and severity
of the effect; and
``(B) the number and classes of individuals
potentially affected,
and shall explicitly take into account the results of the
comparative risk analysis conducted under subsection (d) of
this section.
``(3) OMB review.--The covered agency's determinations of
the most serious risks for purposes of setting priorities shall
be reviewed and approved by the Director of the Office of
Management and Budget before submission of the covered agency's
annual budget requests to Congress.
``(4) Incorporating risk-based priorities into budget and
planning.--The head of each covered agency shall incorporate
the priorities identified under paragraph (1) into the agency
budget, strategic planning, regulatory agenda, enforcement, and
research activities. When submitting its budget request to
Congress and when announcing its regulatory agenda in the
Federal Register, each covered agency shall identify the risks
that the covered agency head has determined are the most
serious and can be addressed in a cost-effective manner under
paragraph (1), the basis for that determination, and explicitly
identify how the covered agency's requested budget and
regulatory agenda reflect those priorities.
``(5) Effective date.--This subsection shall take effect 12
months after the date of enactment of this Act.
``(d) Comparative Risk Analysis.--
``(1) Requirement.--
``(A)(i) No later than 6 months after the effective
date of this Act, the Director of the Office of
Management and Budget shall enter into appropriate
arrangements with a nationally recognized scientific
institution or scholarly organization--
``(I) to conduct a study of the
methodologies for using comparative risk to
rank dissimilar human health, safety, and
environmental risks; and
``(II) to conduct a comparative risk
analysis.
``(ii) The comparative risk analysis shall compare
and rank, to the extent feasible, human health, safety,
and environmental risks potentially regulated across
the spectrum of programs administered by all covered
agencies.
``(B) The Director shall consult with the Office of
Science and Technology Policy regarding the scope of
the study and the conduct of the comparative risk
analysis.
``(C) Nothing in this subsection should be
construed to prevent the Director from entering into a
sole-source arrangement with a nationally recognized
scientific institution or scholarly organization.
``(2) Criteria.--The Director shall ensure that the
arrangement under paragraph (1) provides that--
``(A) the scope and specificity of the analysis are
sufficient to provide the President and agency heads
guidance in allocating resources across agencies and
among programs in agencies to achieve the greatest
degree of risk prevention and reduction for the public
and private resources expended;
``(B) the analysis is conducted through an open
process, including opportunities for the public to
submit views, data, and analyses and to provide public
comment on the results before making them final;
``(C) the analysis is conducted by a balanced group
of individuals with relevant expertise, including
toxicologists, biologists, engineers, and experts in
medicine, industrial hygiene, and environmental
effects, and the selection of members for such study
shall be at the sole discretion of the scientific
institution or scholarly organization;
``(D) the analysis is conducted, to the extent
feasible and relevant, consistent with the risk
assessment and risk characterization principles in
section 633 of this subchapter;
``(E) the methodologies and principal scientific
determinations made in the analysis are subjected to
independent peer review consistent with section 633(g),
and the conclusions of the peer review are made
publicly available as part of the final report required
under subsection (e); and
``(F) the results are presented in a manner that
distinguishes between the scientific conclusions and
any policy or value judgments embodied in the
comparisons.
``(3) Completion and review.--No later than 3 years after
the effective date of this Act, the comparative risk analysis
required under paragraph (1) shall be completed. The
comparative risk analysis shall be reviewed and revised at
least every 5 years thereafter for a minimum of 15 years
following the release of the first analysis. The Director shall
arrange for such review and revision by an accredited
scientific body in the same manner as provided under paragraphs
(1) and (2).
``(4) Study.--The study of methodologies provided under
paragraph (1) shall be conducted as part of the first
comparative risk analysis and shall be completed no later than
180 days after the completion of that analysis. The goal of the
study shall be to develop and rigorously test methods of
comparative risk analysis. The study shall have sufficient
scope and breadth to test approaches for improving comparative
risk analysis and its use in setting priorities for human
health, safety, and environmental risk prevention and
reduction.
``(5) Technical guidance.--No later than 180 days after the
effective date of this Act, the Director, in collaboration with
other heads of covered agencies shall enter into a contract
with the National Research Council to provide technical
guidance to agencies on approaches to using comparative risk
analysis in setting human health, safety, and environmental
priorities to assist agencies in complying with subsection (c)
of this section.
``(e) Reports and Recommendations to Congress and the President.--
No later than 24 months after the effective date of this Act, each
covered agency shall submit a report to Congress and the President--
``(1) detailing how the agency has complied with subsection
(c) and describing the reason for any departure from the
requirement to establish priorities to achieve the greatest
overall net reduction in risk;
``(2) recommending--
``(A) modification, repeal, or enactment of laws to
reform, eliminate, or enhance programs or mandates
relating to human health, safety, or the environment;
and
``(B) modification or elimination of statutory or
judicially mandated deadlines,that would assist the
covered agency to set priorities in activities to
address the risks to human health, safety, or the
environment in a manner consistent with the
requirements of subsection (c)(1);
``(3) evaluating the categories of policy and value
judgment used in risk assessment, risk characterization, or
cost-benefit analysis; and
``(4) discussing risk assessment research and training
needs, and the agency's strategy and schedule for meeting those
needs.
``(f) Savings Provision and Judicial Review.--
``(1) In general.--Nothing in this section shall be
construed to modify any statutory standard or requirement
designed to protect human health, safety, or the environment.
``(2) Judicial review.--Compliance or noncompliance by an
agency with the provisions of this section shall not be subject
to judicial review.
``(3) Agency analysis.--Any analysis prepared under this
section shall not be subject to judicial consideration separate
or apart from the requirement, rule, program, or law to which
it relates. When an action for judicial review of a covered
agency action is instituted, any analysis for, or relating to,
the action shall constitute part of the whole record of agency
action for the purpose of judicial review of the action and
shall, to the extent relevant, be considered by a court in
determining the legality of the covered agency action.''.
(b) Clerical Amendment.--The table of sections appearing at the
beginning of chapter 6 of title 5, United States Code, is amended--
(1) by inserting immediately below the chapter heading the
following:
``SUBCHAPTER I--REGULATORY ANALYSIS''; and
(2) by adding at the end the following:
``SUBCHAPTER III--RISK ASSESSMENTS
``631. Short title.
``632. Purposes.
``633. Effective date; applicability; savings provisions.
``634. Principles for risk assessment.
``635. Principles for risk characterization and communication.
``636. Recommendations or classifications by a non-United States-based
entity.
``637. Guidelines and report.
``638. Research and training in risk assessment.
``639. Study of comparative risk analysis.
``639a. Definitions.
``639b. Peer review program.
``639c. Petition for review of a major free-standing risk assessment.
``639d. Risk-based priorities.''.
SEC. 3004. REGULATORY FLEXIBILITY ANALYSIS.
(a) In General.--
(1) Judicial review.--
(A) Amendment.--Section 611 of title 5, United
States Code, is amended to read as follows:
``Sec. 611. Judicial review
``(a)(1) Not later than one year, notwithstanding any other
provision of law, after the effective date of a final rule with respect
to which an agency--
``(A) certified, pursuant to section 605(b), that such rule
would not have a significant economic impact on a substantial
number of small entities; or
``(B) prepared a final regulatory flexibility analysis
pursuant to section 604,
an affected small entity may petition for the judicial review of such
certification or analysis in accordance with the terms of this
subsection. A court having jurisdiction to review such rule for
compliance with the provisions of section 553 or under any other
provision of law shall have jurisdiction to review such certification
or analysis. In the case where an agency delays the issuance of a final
regulatory flexibility analysis pursuant to section 608(b), a petition
for judicial review under this subsection shall be filed not later than
one year, notwithstanding any other provision of law, after the date
the analysis is made available to the public.
``(2) For purposes of this subsection, the term `affected small
entity' means a small entity that is or will be adversely affected by
the final rule.
``(3) Nothing in this subsection shall be construed to affect the
authority of any court to stay the effective date of any rule or
provision thereof under any other provision of law.
``(4)(A) In the case where the agency certified that such rule
would not have a significant economic impact on a substantial number of
small entities, the court may order the agency to prepare a final
regulatory flexibility analysis pursuant to section 604 if the court
determines, on the basis of the rulemaking record, that the
certification was arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.
``(B) In the case where the agency prepared a final regulatory
flexibility analysis, the court may order the agency to take corrective
action consistent with the requirements of section 604 if the court
determines, on the basis of the rulemaking record, that the final
regulatory flexibility analysis was prepared by the agency without
observance of procedure required by section 604.
``(5) If, by the end of the 90-day period beginning on the date of
the order of the court pursuant to paragraph (4) (or such longer period
as the court may provide), the agency fails, as appropriate--
``(A) to prepare the analysis required by section 604; or
``(B) to take corrective action consistent with the
requirements of section 604,
the court may stay the rule or grant such other relief as it deems
appropriate.
``(6) In making any determination or granting any relief authorized
by this subsection, the court shall take due account of the rule of
prejudicial error.
``(b) In an action for the judicial review of a rule, any
regulatory flexibility analysis for such rule (including an analysis
prepared or corrected pursuant to subsection (a)(4)) shall constitute
part of the whole record of agency action in connection with such
review.
``(c) Nothing in this section bars judicial review of any other
impact statement or similar analysis required by any other law if
judicial review of such statement or analysis is otherwise provided by
law.''.
(B) Effective date.--The amendment made by
subsection (a) shall apply only to final agency rules
issued after the date of enactment of this Act.
(2) Rules commented on by sba chief counsel for advocacy.--
(A) In general.--Section 612 of title 5, United
States Code, is amended by adding at the end the
following new subsection:
``(d) Action by the SBA Chief Counsel for Advocacy.--
``(1) Transmittal of proposed rules and initial regulatory
flexibility analysis to sba chief counsel for advocacy.--On or
before the 30th day preceding the date of publication by an
agency of general notice of proposed rulemaking for a rule, the
agency shall transmit to the Chief Counsel for Advocacy of the
Small Business Administration--
``(A) a copy of the proposed rule; and
``(B)(i) a copy of the initial regulatory
flexibility analysis for the rule if required under
section 603; or
``(ii) a determination by the agency that an
initial regulatory flexibility analysis is not required
for the proposed rule under section 603 and an
explanation for the determination.
``(2) Statement of effect.--On or before the 15th day
following receipt of a proposed rule and initial regulatory
flexibility analysis from an agency under paragraph (1), the
Chief Counsel for Advocacy may transmit to the agency a written
statement of the effect of the proposed rule on small entities.
``(3) Response.--If the Chief Counsel for Advocacy
transmits to an agency a statement of effect on a proposed rule
in accordance with paragraph (2), the agency shall publish the
statement, together with the response of the agency to the
statement, in the Federal Register at the time of publication
of general notice of proposed rulemaking for the rule.
``(4) Special rule.--Any proposed rules issued by an
appropriate Federal banking agency (as that term is defined in
section 3(q) of the Federal Deposit Insurance Act (12 U.S.C.
1813(q)), the National Credit Union Administration, or the
Office of Federal Housing Enterprise Oversight, in connection
with the implementation of monetary policy or to ensure the
safety and soundness of federally insured depository
institutions, any affiliate of such an institution, credit
unions, or government sponsored housing enterprises or to
protect the Federal deposit insurance funds shall not be
subject to the requirements of this subsection.''.
(B) Conforming amendment.--Section 603(a) of title
5, United States Code, is amended by inserting ``in
accordance with section 612(d)'' before the period at
the end of the last sentence.
(3) Sense of congress regarding sba chief counsel for
advocacy.--It is the sense of Congress that the Chief Counsel
for Advocacy of the Small Business Administration should be
permitted to appear as amicus curiae in any action or case
brought in a court of the United States for the purpose of
reviewing a rule.
(b) Subchapter Heading.--Chapter 6 of title 5, United States Code,
is amended by inserting immediately before section 601, the following
subchapter heading:
``SUBCHAPTER I--REGULATORY ANALYSIS''.
SEC. 3005. GUIDANCE FOR JUDICIAL INTERPRETATION.
(a) In General.--Chapter 7 of title 5, United States Code, is
amended--
(1) by striking section 706; and
(2) by adding at the end the following new sections:
``Sec. 706. Scope of review
``(a) To the extent necessary to reach a decision and when
presented, the reviewing court shall decide all relevant questions of
law, interpret constitutional and statutory provisions, and determine
the meaning or applicability of the terms of an agency action. The
reviewing court shall--
``(1) compel agency action unlawfully withheld or
unreasonably delayed; and
``(2) hold unlawful and set aside agency action, findings
and conclusions found to be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity;
``(C) in excess of statutory jurisdiction,
authority, or limitations, or short of statutory right;
``(D) without observance of procedure required by
law;
``(E) unsupported by substantial evidence in a
proceeding subject to sections 556 and 557 or otherwise
reviewed on the record of an agency hearing provided by
statute; or
``(F) unwarranted by the facts to the extent that
the facts are subject to trial de novo by the reviewing
court.
``(b) In making the determinations set forth in subsection (a), the
court shall review the whole record or those parts of it cited by a
party, and due account shall be taken of the rule of prejudicial error.
``Sec. 707. Consent decrees
``In interpreting any consent decree in effect on or after the date
of enactment of this section that imposes on an agency an obligation to
initiate, continue, or complete rulemaking proceedings, the court shall
not enforce the decree in a way that divests the agency of discretion
clearly granted to the agency by statute to respond to changing
circumstances, make policy or managerial choices, or protect the rights
of third parties.
``Sec. 708. Affirmative defense
``Notwithstanding any other provision of law, it shall be an
affirmative defense in any enforcement action brought by an agency that
the regulated person or entity reasonably relied on and is complying
with a rule, regulation, adjudication, directive, or order of such
agency or any other agency that is incompatible, contradictory, or
otherwise cannot be reconciled with the agency rule, regulation,
adjudication, directive, or order being enforced.
``Sec. 709. Agency interpretations in civil and criminal actions
``(a) No civil or criminal penalty shall be imposed by a court, and
no civil administrative penalty shall be imposed by an agency, for the
violation of a rule--
``(1) if the court or agency, as appropriate, finds that
the rule failed to give the defendant fair warning of the
conduct that the rule prohibits or requires; or
``(2) if the court or agency, as appropriate, finds that
the defendant acted reasonably in good faith based upon the
language of the rule as published in the Federal Register.
``(b) Nothing in this section shall be construed to preclude an
agency:
``(1) from revising a rule or changing its interpretation
of a rule in accordance with sections 552 and 553 of this
title, and subject to the provisions of this section,
prospectively enforcing the requirements of such rule as
revised or reinterpreted and imposing or seeking a civil or
criminal penalty for any subsequent violation of such rule as
revised or reinterpreted;
``(2) from making a new determination of fact, and based
upon such determination, prospectively applying a particular
legal requirement.
``(c) This section shall apply to any action filed after the date
of the enactment of the Comprehensive Regulatory Reform Act of 1995.''.
(b) Technical Amendment.--The analysis for chapter 7 of title 5,
United States Code, is amended by striking the item relating to section
706 and inserting the following new items:
``706. Scope of review.
``707. Consent decrees.
``708. Affirmative defense.
``709. Agency interpretations in civil and criminal actions.''.
SEC. 3006. CONGRESSIONAL REVIEW.
(a) Finding.--The Congress finds that effective steps for improving
the efficiency and proper management of Government operations will be
promoted if a moratorium on the implementation of certain major final
and proposed rules is imposed in order to provide Congress an
opportunity for review.
(b) In General.--Title 5, United States Code, is amended by
inserting immediately after chapter 7 the following new chapter:``
CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional disapproval procedure.
``803. Special rule on statutory, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Exemption for monetary policy.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule can take effect as a final rule, the
Federal agency promulgating such rule shall submit to each House of the
Congress and to the Comptroller General a report containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
and
``(iii) the proposed effective date of the rule.
``(B) The Federal agency promulgating the rule shall make available
to each House of Congress and the Comptroller General, upon request--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any;
``(ii) the agency's actions relevant to sections 603, 604,
605, 607, and 609;
``(iii) the agency's actions relevant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders, such as
Executive Order No. 12866.
``(C) Upon receipt, each House shall provide copies to the Chairman
and Ranking Member of each committee with jurisdiction.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction to each House of the
Congress by the end of 12 calendar days after the submission or
publication date as provided in section 802(b)(2). The report of the
Comptroller General shall include an assessment of the agency's
compliance with procedural steps required by paragraph (1)(B).
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect as a final rule, the latest of--
``(A) the later of the date occurring 60 days (excluding
days either House of Congress is adjourned for more than 3 days
during a session of Congress) after the date on which--
``(i) the Congress receives the report submitted
under paragraph (1); or
``(ii) the rule is published in the Federal
Register;
``(B) if the Congress passes a joint resolution of
disapproval described under section 802 relating to the rule,
and the President signs a veto of such resolution, the earlier
date--
``(i) on which either House of Congress votes and
fails to override the veto of the President; or
``(ii) occurring 30 session days after the date on
which the Congress received the veto and objections of
the President; or
``(C) the date the rule would have otherwise taken effect,
if not for this section (unless a joint resolution of
disapproval under section 802 is enacted).
``(4) Except for a major rule, a rule shall take effect as
otherwise provided by law after submission to Congress under paragraph
(1).
``(5) Notwithstanding paragraph (3), the effective date of a rule
shall not be delayed by operation of this chapter beyond the date on
which either House of Congress votes to reject a joint resolution of
disapproval under section 802.
``(b)(1) A rule or proposed rule shall not take effect (or
continue) as a final rule, if the Congress passes a joint resolution of
disapproval described under section 802.
``(2) A rule or proposed rule that does not take effect (or does
not continue) under paragraph (1) may not be reissued in substantially
the same form, and a new rule that is substantially the same as such a
rule or proposed rule may not be issued, unless the reissued or new
rule is specifically authorized by a law enacted after the date of the
joint resolution disapproving the original rule.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a rule that would not take effect by
reason of this chapter may take effect, if the President makes a
determination under paragraph (2) and submits written notice of such
determination to the Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the rule should take effect because
such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to a statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802 or
the effect of a joint resolution of disapproval under this section.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule that is published
in the Federal Register (as a rule that shall take effect as a final
rule) during the period beginning on the date occurring 60 days before
the date the Congress adjourns a session of Congress through the date
on which the same or succeeding Congress first convenes its next
session, section 802 shall apply to such rule in the succeeding session
of Congress.
``(2)(A) In applying section 802 for purposes of such additional
review, a rule described under paragraph (1) shall be treated as
though--
``(i) such rule were published in the Federal Register (as
a rule that shall take effect as a final rule) on the 15th
session day after the succeeding Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a final rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as a
final rule as otherwise provided by law (including other subsections of
this section).
``(e)(1) Section 802 shall apply in accordance with its terms to
any major rule that was published in the Federal Register (as a rule
that shall take effect as a final rule) in the period beginning on
November 20, 1994, through the date of enactment of the Comprehensive
Regulatory Reform Act of 1995.
``(2) In applying section 802 for purposes of Congressional review,
a rule described under paragraph (1) shall be treated as though--
``(A) such rule were published in the Federal Register (as
a rule that shall take effect as a final rule) on the date of
enactment of the Comprehensive Regulatory Reform Act of 1995;
and
``(B) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(3) The effectiveness of a rule described under paragraph (1)
shall be as otherwise provided by law, unless the rule is made of no
force or effect under section 802.
``(f) Any rule that takes effect and later is made of no force or
effect by enactment of a joint resolution under section 802 shall be
treated as though such rule had never taken effect.
``(g) If the Congress does not enact a joint resolution of
disapproval under section 802, no court or agency may infer any intent
of the Congress from any action or inaction of the Congress with regard
to such rule, related statute, or joint resolution of disapproval.
``Sec. 802. Congressional disapproval procedure
``(a) Joint Resolution Defined.--For purposes of this section, the
term `joint resolution' means only--
``(1) a joint resolution introduced in the period beginning
on the date on which the report referred to in section 801(a)
is received by Congress and ending 60 days thereafter
(excluding days either House of Congress is adjourned for more
than 3 days during a session of Congress), the matter after the
resolving clause of which is as follows: `That Congress
disapproves the rule submitted by the ____ relating to ____,
and such rule shall have no force or effect.' (The blank spaces
being appropriately filled in); or
``(2) a joint resolution the matter after the resolving
clause of which is as follows: `That the Congress disapproves
the proposed rule published by the ________ relating to ______,
and such proposed rule shall not be issued or take effect as a
final rule.' (the blank spaces being appropriately filled in)
``(b)(1) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(2) For purposes of this section, the term `submission or
publication date' means--
``(A) in the case of a joint resolution described in
subsection (a)(1) the later of the date on which--
``(i) the Congress receives the report submitted
under section 801(a)(1); or
``(ii) the rule is published in the Federal
Register; or
``(B) in the case of a joint resolution described in
subsection (a)(2), the date of introduction of the joint
resolution.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 20 calendar
days after the submission or publication date defined under subsection
(b)(2), such committee may be discharged from further consideration of
such joint resolution upon a petition supported in writing by 30
Members of the Senate, and such joint resolution shall be placed on the
appropriate calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of, a joint
resolution described in subsection (a), it is at any time thereafter in
order (even though a previous motion to the same effect has been
disagreed to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion further to
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``(f) This section is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``Sec. 803. Special rule on statutory, regulatory, and judicial
deadlines
``(a) In the case of any deadline for, relating to, or involving
any rule which does not take effect (or the effectiveness of which is
terminated) because of enactment of a joint resolution under section
802, that deadline is extended until the date 1 year after the date of
the joint resolution. Nothing in this subsection shall be construed to
affect a deadline merely by reason of the postponement of a rule's
effective date under section 801(a).
``(b) The term `deadline' means any date certain for fulfilling any
obligation or exercising any authority established by or under any
Federal statute or regulation, or by or under any court order
implementing any Federal statute or regulation.
``Sec. 804. Definitions
``(a) For purposes of this chapter--
``(1) the term `Federal agency' means any agency as that
term is defined in section 551(1) (relating to administrative
procedure);
``(2) the term `major rule' has the same meaning given such
term in section 621(5); and
``(3) the term `final rule' means any final rule or interim
final rule.
``(b) As used in subsection (a)(3), the term `rule' has the meaning
given such term in section 551, except that such term does not include
any rule of particular applicability including a rule that approves or
prescribes for the future rates, wages, prices, services, or allowances
therefor, corporate or financial structures, reorganizations, mergers,
or acquisitions thereof, or accounting practices or disclosures bearing
on any of the foregoing or any rule of agency organization, personnel,
procedure, practice or any routine matter.
``Sec. 805. Judicial review
``No determination, finding, action, or omission under this chapter
shall be subject to judicial review.
``Sec. 806. Applicability; severability
``(a) This chapter shall apply notwithstanding any other provision
of law.
``(b) If any provision of this chapter or the application of any
provision of this chapter to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this chapter, shall not be affected
thereby.
``Sec. 807. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.''.
(c) Effective Date.--The amendment made by subsection (b) shall
take effect on the date of enactment of this Act.
(d) Technical Amendment.--The table of chapters for part I of title
5, United States Code, is amended by inserting immediately after the
item relating to chapter 7 the following:
``8. Congressional Review of Agency Rulemaking............. 801''.
SEC. 3007. REGULATORY ACCOUNTING STATEMENT.
(a) Definitions.--For purposes of this section, the following
definitions apply:
(1) Major rule.--The term ``major rule'' has the same
meaning as defined in section 621(5)(A)(i) of title 5, United
States Code. The term shall not include--
(A) administrative actions governed by sections 556
and 557 of title 5, United States Code;
(B) regulations issued with respect to a military
or foreign affairs function of the United States or a
statute implementing an international trade agreement;
or
(C) regulations related to agency organization,
management, or personnel.
(2) Agency.--The term ``agency'' means any executive
department, military department, Government corporation,
Government controlled corporation, or other establishment in
the executive branch of the Government (including the Executive
Office of the President), or any independent regulatory agency,
but shall not include--
(A) the General Accounting Office;
(B) the Federal Election Commission;
(C) the governments of the District of Columbia and
of the territories and possessions of the United
States, and their various subdivisions; or
(D) Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities.
(b) Accounting Statement.--
(1) In general.--
(A) The President shall be responsible for
implementing and administering the requirements of this
section.
(B) Not later than June 1, 1997, and each June 1
thereafter, the President shall prepare and submit to
Congress an accounting statement that estimates the
annual costs of major rules and corresponding benefits
in accordance with this subsection.
(2) Years covered by accounting statement.--Each accounting
statement shall cover, at a minimum, the 5 fiscal years
beginning on October 1 of the year in which the report is
submitted and may cover any fiscal year preceding such fiscal
years for purpose of revising previous estimates.
(3) Timing and procedures.--
(A) The President shall provide notice and
opportunity for comment for each accounting statement.
The President may delegate to an agency the requirement
to provide notice and opportunity to comment for the
portion of the accounting statement relating to that
agency.
(B) The President shall propose the first
accounting statement under this subsection not later
than 2 years after the date of enactment of this Act
and shall issue the first accounting statement in final
form not later than 3 years after such effective date.
Such statement shall cover, at a minimum, each of the
fiscal years beginning after the date of enactment of
this Act.
(4) Content of accounting statement.--
(A) Each accounting statement shall contain
estimates of costs and benefits with respect to each
fiscal year covered by the statement in accordance with
this paragraph. For each such fiscal year for which
estimates were made in a previous accounting statement,
the statement shall revise those estimates and state
the reasons for the revisions.
(B)(i) An accounting statement shall estimate the
costs of major rules by setting forth, for each year
covered by the statement--
(I) the annual expenditure of national
economic resources for major rules, grouped by
regulatory program; and
(II) such other quantitative and
qualitative measures of costs as the President
considers appropriate.
(ii) For purposes of the estimate of costs in the
accounting statement, national economic resources shall
include, and shall be listed under, at least the
following categories:
(I) Private sector costs.
(II) Federal sector costs.
(III) State and local government
administrative costs.
(C) An accounting statement shall estimate the benefits of
major rules by setting forth, for each year covered by the
statement, such quantitative and qualitative measures of
benefits as the President considers appropriate. Any estimates
of benefits concerning reduction in health, safety, or
environmental risks shall present the most plausible level of
risk practical, along with a statement of the reasonable degree
of scientific certainty.
(c) Associated Report to Congress.--
(1) In general.--At the same time as the President submits
an accounting statement under subsection (b), the President,
acting through the Director of the Office of Management and
Budget, shall submit to Congress a report associated with the
accounting statement (hereinafter referred to as an
``associated report''). The associated report shall contain, in
accordance with this subsection--
(A) analyses of impacts; and
(B) recommendations for reform.
(2) Analyses of impacts.--The President shall include in
the associated report the following:
(A) Analyses prepared by the President of the
cumulative impact of major rules in Federal regulatory
programs covered in the accounting statement on the
following:
(i) The ability of State and local
governments to provide essential services,
including police, fire protection, and
education.
(ii) Small business.
(iii) Productivity.
(iv) Wages.
(v) Economic growth.
(vi) Technological innovation.
(vii) Consumer prices for goods and
services.
(viii) Such other factors considered
appropriate by the President.
(B) A summary of any independent analyses of
impacts prepared by persons commenting during the
comment period on the accounting statement.
(3) Recommendations for reform.--The President shall
include in the associated report the following:
(A) A summary of recommendations of the President
for reform or elimination of any Federal regulatory
program or program element that does not represent
sound use of national economic resources or otherwise
is inefficient.
(B) A summary of any recommendations for such
reform or elimination of Federal regulatory programs or
program elements prepared by persons commenting during
the comment period on the accounting statement.
(d) Guidance From Office of Management and Budget.--The Director of
the Office of Management and Budget shall, in consultation with the
Council of Economic Advisers, provide guidance to agencies--
(1) to standardize measures of costs and benefits in
accounting statements prepared pursuant to sections 3 and 7 of
this Act, including--
(A) detailed guidance on estimating the costs and
benefits of major rules; and
(B) general guidance on estimating the costs and
benefits of all other rules that do not meet the
thresholds for major rules; and
(2) to standardize the format of the accounting statements.
(e) Recommendations From Congressional Budget Office.--After each
accounting statement and associated report submitted to Congress, the
Director of the Congressional Budget Office shall make recommendations
to the President--
(1) for improving accounting statements prepared pursuant
to this section, including recommendations on level of detail
and accuracy; and
(2) for improving associated reports prepared pursuant to
this section, including recommendations on the quality of
analysis.
(f) Judicial Review.--No requirements under this section shall be
subject to judicial review in any manner.
SEC. 3008. STUDIES AND REPORTS.
(a) Risk Assessments.--The Administrative Conference of the United
States shall--
(1) develop and carry out an ongoing study of the operation
of the risk assessment requirements of subchapter III of
chapter 6 of title 5, United States Code (as added by section 4
of this Act); and
(2) submit an annual report to the Congress on the findings
of the study.
(b) Administrative Procedure Act.--Not later than December 31,
1996, the Administrative Conference of the United States shall--
(1) carry out a study of the operation of the
Administrative Procedure Act (as amended by section 3 of this
Act); and
(2) submit a report to the Congress on the findings of the
study, including proposals for revision, if any.
SEC. 3009. MISCELLANEOUS PROVISIONS.
(a) Effective Date.--Except as otherwise provided, this Act and the
amendments made by this Act shall take effect on the date of enactment.
(b) Severability.--If any provision of this Act, an amendment made
by this Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this Act, the amendments made by this Act, and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.
Passed the House of Representatives November 9, 1995.
Attest:
Clerk.