[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2586 Enrolled Bill (ENR)]

        H.R.2586

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                                 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) `$4,967,000,000,000' 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 administrativeexpenses 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 of 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--REGULATORY REFORM

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Comprehensive Regulatory Reform 
Act of 1995''.

SEC. 2002. 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, innovation, 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 subparagraph (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. 2003. 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 section 
    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. 2004. 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. 2005. 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; or
        ``(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. 2006. 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. 2007. 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. 2008. 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. 2009. 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.