[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2586 Received in Senate (RDS)]

  1st Session
                                H.R. 2586


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1995

                                Received

_______________________________________________________________________

                                 AN ACT


 
 To provide for a temporary increase in the public debt limit, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TEMPORARY INCREASE IN PUBLIC DEBT LIMIT.

    Subsection (b) of section 3101 of title 31, United States Code, is 
amended by adding at the end the following new sentence: ``During the 
period after the date of the enactment of this sentence, the preceding 
sentence shall be applied by substituting for the dollar amount 
contained therein--
            ``(1) `$4,950,000,000,000' for the portion of such period 
        before December 13, 1995, and
            ``(2) `$4,800,000,000,000' after December 12, 1995.''

SEC. 2. APPLICABILITY OF PUBLIC DEBT LIMIT TO FEDERAL TRUST FUNDS AND 
              OTHER FEDERAL ACCOUNTS.

    (a) Protection of Federal Funds.--Notwithstanding any other 
provision of law--
            (1) no officer or employee of the United States may--
                    (A) delay the deposit of any amount into (or delay 
                the credit of any amount to) any Federal fund or 
                otherwise vary from the normal terms, procedures, or 
                timing for making such deposits or credits, or
                    (B) refrain from the investment in public debt 
                obligations of amounts in any Federal fund,
        if a purpose of such action or inaction is to not increase the 
        amount of outstanding public debt obligations, and
            (2) no officer or employee of the United States may 
        disinvest amounts in any Federal fund which are invested in 
        public debt obligations if a purpose of the disinvestment is to 
        reduce the amount of outstanding public debt obligations.
    (b) Protection of Benefits and Expenditures for Administrative 
Expenses.--
            (1) In general.--Notwithstanding subsection (a), during any 
        period for which cash benefits or administrative expenses would 
        not otherwise be payable from a covered benefits fund by reason 
        of an inability to issue further public debt obligations 
        because of the applicable public debt limit, public debt 
        obligations held by such covered benefits fund shall be sold or 
        redeemed only for the purpose of making payment of such 
        benefits or administrative expenses and only to the extent cash 
        assets of the covered benefits fund are not available from 
        month to month for making payment of such benefits or 
        administrative expenses.
            (2) Issuance of corresponding debt.--For purposes of 
        undertaking the sale or redemption of public debt obligations 
        held by a covered benefits fund pursuant to paragraph (1), the 
        Secretary of the Treasury may issue corresponding public debt 
        obligations to the public, in order to obtain the cash 
        necessary for payment of benefits or administrative expenses 
from such covered benefits fund, notwithstanding the public debt limit.
            (3) Advance notice of sale or redemption.--Not less than 3 
        days prior to the date on which, by reason of the public debt 
        limit, the Secretary of the Treasury expects to undertake a 
        sale or redemption authorized under paragraph (1), the 
        Secretary of the Treasury shall report to each House of the 
        Congress and to the Comptroller General of the United States 
        regarding the expected sale or redemption. Upon receipt of such 
        report, the Comptroller General shall review the extent of 
        compliance with subsection (a) and paragraphs (1) and (2) of 
        this subsection and shall issue such findings and 
        recommendations to each House of the Congress as the 
        Comptroller General considers necessary and appropriate.
    (c) Public Debt Obligation.--For purposes of this section, the term 
``public debt obligation'' means any obligation subject to the public 
debt limit established under section 3101 of title 31, United States 
Code.
    (d) Federal Fund.--For purposes of this section, the term ``Federal 
fund'' means any Federal trust fund or Government account established 
pursuant to Federal law to which the Secretary of the Treasury has 
issued or is expressly authorized by law directly to issue obligations 
under chapter 31 of title 31, United States Code, in respect of public 
money, money otherwise required to be deposited in the Treasury, or 
amounts appropriated.
    (e) Covered Benefits Fund.--For purposes of subsection (b), the 
term ``covered benefits fund'' means any Federal fund from which cash 
benefits are payable by law in the form of retirement benefits, 
separation payments, life or disability insurance benefits, or 
dependent's or survivor's benefits, including (but not limited to) the 
following:
            (1) the Federal Old-Age and Survivors Insurance Trust Fund;
            (2) the Federal Disability Insurance Trust Fund;
            (3) the Civil Service Retirement and Disability Fund;
            (4) the Government Securities Investment Fund;
            (5) the Department of Defense Military Retirement Fund;
            (6) the Unemployment Trust Fund;
            (7) each of the railroad retirement funds and accounts;
            (8) the Department of Defense Education Benefits Fund and 
        the Post-Vietnam Era Veterans Education Fund; and
            (9) the Black Lung Disability Trust Fund.

SEC. 3. CONFORMING AMENDMENTS.

    Subsections (j), (k), and (l) of section 8348 of title 5, United 
States Code, and subsections (g) and (h) of section 8438 of such title 
are hereby repealed.

SEC. 4. COMMITMENT TO A SEVEN-YEAR BALANCED BUDGET.

        (a) With the enactment of this Act the President and the 
Congress commit to enacting legislation in calendar year 1995 to 
achieve a balanced budget, as scored by the non-partisan Congressional 
Budget Office, not later than the fiscal year 2002.
        (b) The Congress affirms that it will not enact legislation 
providing for a further increase in the permanent statutory limit on 
the public debt unless the President signs into law the balanced budget 
legislation referred to in subsection (a).

SEC. 5. MEDICARE COVERAGE OF CERTAIN ANTI-CANCER DRUG TREATMENTS.

        (a) Coverage of Certain Self-Administered Anticancer Drugs.--
Section 1861(s)(2)(Q) of the Social Security Act (42 U.S.C. 
1395x(s)(2)(Q)) is amended--
          (1) by striking ``(Q)'' and inserting ``(Q)(i)''; and
          (2) by striking the semicolon at the end and inserting ``, 
        and''; and
          (3) by adding at the end the following:
        ``(ii) an oral drug (which is approved by the Federal Food and 
Drug Administration) prescribed for use as an anticancer nonsteroidal 
antiestrogen for the treatment of breast cancer or nonsteroidal 
antiandrogen agent for the treatment of prostate cancer;''.
        (b) Uniform Coverage of Anticancer Drugs in All Settings.--
Section 1861(t)(2)(A) of such Act (42 U.S.C. 1395x(t)(2)(A)) is amended 
by adding (including a nonsteroidal antiestrogen or nonsteroidal 
antiandrogen regimen)'' after ``regimen''.
        (c) Conforming Amendment.--Section 1834(j)(5)(F)(iv) of such 
Act (42 U.S.C. 1395m(j)(5)(F)(iv)) is amended by striking ``prescribed 
for use'' and all that follows through ``1861(s)(2)(Q))'' and inserting 
``described in section 1861(s)(2)(Q))''.
        (d) Effective Date.--The amendments made by this section shall 
apply to drugs furnished on or after the date of the enactment of this 
section.

                     TITLE I--HABEAS CORPUS REFORM

SEC. 101. FILING DEADLINES.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) A 1-year period of limitation shall apply to an 
application for a write of habeas corpus by a person in custody 
pursuant to the judgment of a State court. The limitation period shall 
run from the latest of--
            ``(A) the date on which the judgment became final by the 
        conclusion of direct review or the expiration of the time for 
        seeking such review;
            ``(B) the date on which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, if the 
        applicant was prevented from filing by such State action;
            ``(C) the date on which the constitutional right asserted 
        was initially recognized by the Supreme Court, if the right has 
        been newly recognized by the Supreme Court and made 
        retroactively applicable to cases on collateral review; or
            ``(D) the date on which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of due diligence.
    ``(2) The time during which a properly filed application for State 
post-conviction or other collateral review with respect to the 
pertinent judgment or claim shall not be counted toward any period of 
limitation under this subsection.''.

SEC. 102. APPEAL.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 before a district judge, the final order shall be subject to 
review, on appeal, by the court of appeals for the circuit in which the 
proceeding is held.
    ``(b) There shall be no right of appeal from a final order in a 
proceeding to test the validity of a warrant to remove to another 
district or place for commitment or trial a person charged with a 
criminal offense against the United States, or to test the validity of 
such person's detention pending removal proceedings.
    ``(c)(1) Unless a circuit justice or judge issues a certificate of 
appealability, an appeal may not be taken to the court of appeals 
from--
            ``(A) the final order in a habeas corpus proceeding in 
        which the detention complained of arises out of process issued 
        by a State court; or
            ``(B) the final order in a proceeding under section 2255.
    ``(2) A certificate of appealability may issue under paragraph (1) 
only if the applicant has made a substantial showing of the denial of a 
constitutional right.
    ``(3) The certificate of appealability under paragraph (1) shall 
indicate which specific issue or issues satisfy the showing required by 
paragraph (2).''.

SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

    Rule 22 of the Federal Rules of Appellate Procedure is amended to 
read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
    ``(a) Application for the Original Writ.--An application for a writ 
of habeas corpus shall be made to the appropriate district court. If 
application is made to a circuit judge, the application shall be 
transferred to the appropriate district court. If an application is 
made to or transferred to the district court and denied, renewal of the 
application before a circuit judge shall not be permitted. The 
applicant may, pursuant to section 2253 of title 28, United States 
Code, appeal to the appropriate court of appeals from the order of the 
district court denying the writ.
    ``(b) Certificate of Appealability.--In a habeas corpus proceeding 
in which the detention complained of arises out of process issued by a 
State court, an appeal by the applicant for the writ may not proceed 
unless a district or a circuit judge issues a certificate of 
appealability pursuant to section 2253(c) of title 28, United States 
Code. If an appeal is taken by the applicant, the district judge who 
rendered the judgment shall either issue a certificate of appealability 
or state the reasons why such a certificate should not issue. The 
certificate or the statement shall be forwarded to the court of appeals 
with the notice of appeal and the file of the proceedings in the 
district court. If the district judge has denied the certificate, the 
applicant for the writ may then request issuance of the certificate by 
a circuit judge. If such a request is addressed to the court of 
appeals, it shall be deemed addressed to the judges thereof and shall 
be considered by a circuit judge or judges as the court deems 
appropriate. If no express request for a certificate is filed, the 
notice of appeal shall be deemed to constitute a request addressed to 
the judges of the court of appeals. If an appeal is taken by a State or 
its representative, a certificate of appealability is not required.''.

SEC. 104. SECTION 2254 AMENDMENTS.

    Section 2254 of title 28, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b)(1) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that--
            ``(A) the applicant has exhausted the remedies available in 
        the courts of the State; or
            ``(B)(i) there is an absence of available State corrective 
        process; or
            ``(ii) circumstances exist that render such process 
        ineffective to protect the rights of the applicant.
    ``(2) An application for a writ of habeas corpus may be denied on 
the merits, notwithstanding the failure of the applicant to exhaust the 
remedies available in the courts of the State.
    ``(3) A State shall not be deemed to have waived the exhaustion 
requirement or be estopped from reliance upon the requirement unless 
the State, through counsel, expressly waives the requirement.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted with respect to any claim that was adjudicated on the merits 
in State court proceedings unless the adjudication of the claim--
            ``(1) resulted in a decision that was contrary to, or 
        involved an unreasonable application of, clearly established 
        Federal law, as determined by the Supreme Court of the United 
        States; or
            ``(2) resulted in a decision that was based on an 
        unreasonable determination of the facts in light of the 
        evidence presented in the State court proceeding.'';
            (4) by amending subsection (e), as redesignated by 
        paragraph (2), to read as follows:
    ``(e)(1) In a proceeding instituted by an application for a writ of 
habeas corpus by a person in custody pursuant to the judgment of a 
State court, a determination of a factual issue made by a State court 
shall be presumed to be correct. The applicant shall have the burden of 
rebutting the presumption of correctness by clear and convincing 
evidence.
    ``(2) If the applicant has failed to develop the factual basis of a 
claim in State court proceedings, the court shall not hold an 
evidentiary hearing on the claim unless the applicant shows that--
            ``(A) the claim relies on--
                    ``(i) a new rule of constitutional law, made 
                retroactive to cases on collateral review by the 
                Supreme Court, that was previously unavailable; or
                    ``(ii) a factual predicate that could not have been 
                previously discovered through the exercise of due 
                diligence; and
            ``(B) the facts underlying the claim would be sufficient to 
        establish by clear and convincing evidence that but for 
        constitutional error, no reasonable factfinder would have found 
        the applicant guilty of the underlying offense.''; and
            (5) by adding at the end the following new subsections:
    ``(h) Except as provided in title 21, United States Code, section 
848, in all proceedings brought under this section, and any subsequent 
proceedings on review, the court may appoint counsel for an applicant 
who is or becomes financially unable to afford counsel, except as 
provided by a rule promulgated by the Supreme Court pursuant to 
statutory authority. Appointment of counsel under this section shall be 
governed by section 3006A of title 18.
    ``(i) The ineffectiveness or incompetence of counsel during Federal 
or State collateral post-conviction proceedings shall not be a ground 
for relief in a proceeding arising under section 2254.''.

SEC. 105. SECTION 2255 AMENDMENTS.

    Section 2255 of title 28, United States Code, is amended--
            (1) by striking the second and fifth undesignated 
        paragraphs; and
            (2) by adding at the end the following new undesignated 
        paragraphs:
    ``A 1-year period of limitation shall apply to a motion under this 
section. The limitation period shall run from the latest of--
            ``(1) the date on which the judgment of conviction becomes 
        final;
            ``(2) the date on which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, if the movant was 
        prevented from making a motion by such governmental action;
            ``(3) the date on which the right asserted was initially 
        recognized by the Supreme Court, if that right has been newly 
        recognized by the Supreme Court and made retroactively 
        applicable to cases on collateral review; or
            ``(4) the date on which the facts supporting the claim or 
        claims presented could have been discovered through the 
        exercise of due diligence.
    ``Except as provided in title 21, United States Code, section 848, 
in all proceedings brought under this section, and any subsequent 
proceedings on review, the court may appoint counsel for a movant who 
is or becomes financially unable to afford counsel shall be in the 
discretion of the court, except as provided by a rule promulgated by 
the Supreme Court pursuant to statutory authority. Appointment of 
counsel under this section shall be governed by section 3006A of title 
18.
    ``A second or successive motion must be certified as provided in 
section 2244 by a panel of the appropriate court of appeals to 
contain--
            ``(1) newly discovered evidence that, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        establish by clear and convincing evidence that no reasonable 
        factfinder would have found the movant guilty of the offense; 
        or
            ``(2) a new rule of constitutional law, made retroactive to 
        cases on collateral review by the Supreme Court, that was 
        previously unavailable.''.

SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

    (a) Conforming Amendment to Section 2244(a).--Section 2244(a) of 
title 28, United States Code, is amended by striking ``and the 
petition'' and all that follows through ``by such inquiry.'' and 
inserting ``, except as provided in section 2255.''.
    (b) Limits on Second or Successive Applications.--Section 2244(b) 
of title 28, United States Code, is amended to read as follows:
    ``(b)(1) A claim presented in a second or successive habeas corpus 
application under section 2254 that was presented in a prior 
application shall be dismissed.
    ``(2) A claim presented in a second or successive habeas corpus 
application under section 2254 that was not presented in a prior 
application shall be dismissed unless--
            ``(A) the applicant shows that the claim relies on a new 
        rule of constitutional law, made retroactive to cases on 
        collateral review by the Supreme Court, that was previously 
        unavailable; or
            ``(B)(i) the factual predicate for the claim could not have 
        been discovered previously through the exercise of due 
        diligence; and
            ``(ii) the facts underlying the claim, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        establish by clear and convincing evidence that, but for 
        constitutional error, no reasonable factfinder would have found 
        the applicant guilty of the underlying offense.
    ``(3)(A) Before a second or successive application permitted by 
this section is filed in the district court, the applicant shall move 
in the appropriate court of appeals for an order authorizing the 
district court to consider the application.
    ``(B) A motion in the court of appeals for an order authorizing the 
district court to consider a second or successive application shall be 
determined by a three-judge panel of the court of appeals.
    ``(C) The court of appeals may authorize the filing of a second or 
successive application only if it determines that the application makes 
a prima facie showing that the application satisfies the requirements 
of this subsection.
    ``(D) The court of appeals shall grant or deny the authorization to 
file a second or successive application not later than 30 days after 
the filing of the motion.
    ``(E) The grant or denial of an authorization by a court of appeals 
to file a second or successive application shall not be appealable and 
shall not be the subject of a petition for rehearing or for a writ of 
certiorari.
    ``(4) A district court shall dismiss any claim presented in a 
second or successive application that the court of appeals has 
authorized to be filed unless the applicant shows that the claim 
satisfies the requirements of this section.''.

SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.

    (a) Addition of Chapter to Title 28, United States Code.--Title 28, 
United States Code, is amended by inserting after chapter 153 the 
following new chapter:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

``Sec.
``2261. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2262. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling 
                            rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by statute, 
rule of its court of last resort, or by another agency authorized by 
State law, a mechanism for the appointment, compensation, and payment 
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital 
convictions and sentences have been upheld on direct appeal to the 
court of last resort in the State or have otherwise become final for 
State law purposes. The rule of court or statute must provide standards 
of competency for the appointment of such counsel.
    ``(c) Any mechanism for the appointment, compensation, and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record--
            ``(1) appointing one or more counsels to represent the 
        prisoner upon a finding that the prisoner is indigent and 
        accepted the offer or is unable competently to decide whether 
        to accept or reject the offer;
            ``(2) finding, after a hearing if necessary, that the 
        prisoner rejected the offer of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the prisoner is not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal post-conviction proceedings in a capital case shall not be a 
ground for relief in a proceeding arising under section 2254. This 
limitation shall not preclude the appointment of different counsel, on 
the court's own motion or at the request of the prisoner, at any phase 
of State or Federal post-conviction proceedings on the basis of the 
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2261(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        application under section 2254 within the time required in 
        section 2263;
            ``(2) before a court of competent jurisdiction, in the 
        presence of counsel, unless the prisoner has competently and 
        knowingly waived such counsel, and after having been advised of 
        the consequences, a State prisoner under capital sentence 
        waives the right to pursue habeas corpus review under section 
        2254; or
            ``(3) a State prisoner files a habeas corpus petition under 
        section 2254 within the time required by section 2263 and fails 
        to make a substantial showing of the denial of a Federal right 
        or is denied relief in the district court or at any subsequent 
        stage of review.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution in the case, unless the court of appeals approves the filing 
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements; 
              tolling rules
    ``(a) Any application under this chapter for habeas corpus relief 
under section 2254 must be filed in the appropriate district court not 
later than 180 days after final State court affirmance of the 
conviction and sentence on direct review or the expiration of the time 
for seeking such review.
    ``(b) The time requirements established by subsection (a) shall be 
tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) from the date on which the first petition for post-
        conviction review or other collateral relief is filed until the 
        final State court disposition of such petition; and
            ``(3) during an additional period not to exceed 30 days, 
        if--
                    ``(A) a motion for an extension of time is filed in 
                the Federal district court that would have jurisdiction 
                over the case upon the filing of a habeas corpus 
                application under section 2254; and
                    ``(B) a showing of good cause is made for the 
                failure to file the habeas corpus application within 
                the time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
    ``(a) Whenever a State prisoner under capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall only consider a claim or claims that have been 
raised and decided on the merits in the State courts, unless the 
failure to raise the claim properly is--
            ``(1) the result of State action in violation of the 
        Constitution or laws of the United States;
            ``(2) the result of the Supreme Court recognition of a new 
        Federal right that is made retroactively applicable; or
            ``(3) based on a factual predicate that could not have been 
        discovered through the exercise of due diligence in time to 
        present the claim for State or Federal post-conviction review.
    ``(b) Following review subject to subsections (a), (d), and (e) of 
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. This chapter shall 
apply, as provided in this section, in relation to a State unitary 
review procedure if the State establishes by rule of its court of last 
resort or by statute a mechanism for the appointment, compensation, and 
payment of reasonable litigation expenses of competent counsel in the 
unitary review proceedings, including expenses relating to the 
litigation of collateral claims in the proceedings. The rule of court 
or statute must provide standards of competency for the appointment of 
such counsel.
    ``(b) To qualify under this section, a unitary review procedure 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2261(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation 
to cases involving a sentence of death from any State having a unitary 
review procedure that qualifies under this section. References to State 
`post-conviction review' and `direct review' in such sections shall be 
understood as referring to unitary review under the State procedure. 
The reference in section 2262(a) to `an order under section 2261(c)' 
shall be understood as referring to the post-trial order under 
subsection (b) concerning representation in the unitary review 
proceedings, but if a transcript of the trial proceedings is 
unavailable at the time of the filing of such an order in the 
appropriate State court, then the start of the 180-day limitation 
period under section 2263 shall be deferred until a transcript is made 
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and 
              motions
    ``(a) The adjudication of any application under section 2254 that 
is subject to this chapter, and the adjudication of any motion under 
section 2255 by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters.
    ``(b)(1)(A) A district court shall render a final determination and 
enter a final judgment on any application for a writ of habeas corpus 
brought under this chapter in a capital case not later than 180 days 
after the date on which the application is filed.
    ``(B) A district court shall afford the parties at least 120 days 
in which to complete all actions, including the preparation of all 
pleadings and briefs, and if necessary, a hearing, prior to the 
submission of the case for decision.
    ``(C)(i) A district court may delay for not more than one 
additional 30-day period beyond the period specified in subparagraph 
(A), the rendering of a determination of an application for a writ of 
habeas corpus if the court issues a written order making a finding, and 
stating the reasons for the finding, that the ends of justice that 
would be served by allowing the delay outweigh the best interests of 
the public and the applicant in a speedy disposition of the 
application.
    ``(ii) The factors, among others, that a court shall consider in 
determining whether a delay in the disposition of an application is 
warranted are as follows:
            ``(I) Whether the failure to allow the delay would be 
        likely to result in a miscarriage of justice.
            ``(II) Whether the case is so unusual or so complex, due to 
        the number of defendants, the nature of the prosecution, or the 
        existence of novel questions of fact or law, that it is 
        unreasonable to expect adequate briefing within the time 
        limitations established by subparagraph (A).
            ``(III) Whether the failure to allow a delay in a case, 
        that, taken as a whole, is not so unusual or so complex as 
        described in subclause (II), but would otherwise deny the 
        applicant reasonable time to obtain counsel, would unreasonably 
        deny the applicant or the government continuity of counsel, or 
        would deny counsel for the applicant or the government the 
        reasonable time necessary for effective preparation, taking 
        into account the exercise of due diligence.
    ``(iii) No delay in disposition shall be permissible because of 
general congestion of the court's calendar.
    ``(iv) The court shall transmit a copy of any order issued under 
clause (i) to the Director of the Administrative Office of the United 
States Courts for inclusion in the report under paragraph (5).
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus following a remand by the court of appeals or the 
        Supreme Court for further proceedings, in which case the 
        limitation period shall run from the date the remand is 
        ordered.
    ``(3)(A) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(B) No amendment to an application for a writ of habeas corpus 
under this chapter shall be permitted after the filing of the answer to 
the application, except on the grounds specified in section 2244(b).
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
petitioning for a writ of mandamus to the court of appeals. The court 
of appeals shall act on the petition for a writ or mandamus not later 
than 30 days after the filing of the petition.
    ``(5)(A) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the district 
courts with the time limitations under this section.
    ``(B) The report described in subparagraph (A) shall include copies 
of the orders submitted by the district courts under paragraph 
(1)(B)(iv).
    ``(c)(1)(A) A court of appeals shall hear and render a final 
determination of any appeal of an order granting or denying, in whole 
or in part, an application brought under this chapter in a capital case 
not later than 120 days after the date on which the reply brief is 
filed, or if no reply brief is filed, not later than 120 days after the 
date on which the answering brief is filed.
    ``(B)(i) A court of appeals shall decide whether to grant a 
petition for rehearing or other request for rehearing en banc not later 
than 30 days after the date on which the petition for rehearing is 
filed unless a responsive pleading is required, in which case the court 
shall decide whether to grant the petition not later than 30 days after 
the date on which the responsive pleading is filed.
    ``(ii) If a petition for rehearing or rehearing en banc is granted, 
the court of appeals shall hear and render a final determination of the 
appeal not later than 120 days after the date on which the order 
granting rehearing or rehearing en banc is entered.
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus or related appeal following a remand by the court 
        of appeals en banc or the Supreme Court for further 
        proceedings, in which case the limitation period shall run from 
        the date the remand is ordered.
    ``(3) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
applying for a writ of mandamus to the Supreme Court.
    ``(5) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the courts of 
appeals with the time limitations under this section.''.
    (b) Technical Amendment.--The part analysis for part IV of title 
28, United States Code, is amended by adding after the item relating to 
chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases....   2261.''.

    (c) Effective Date.--Chapter 154 of title 28, United States Code 
(as added by subsection (a)) shall apply to cases pending on or after 
the date of enactment of this Act.

SEC. 108. TECHNICAL AMENDMENT.

    Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q)) 
is amended by amending paragraph (9) to read as follows:
    ``(9) Upon a finding that investigative, expert, or other services 
are reasonably necessary for the representation of the defendant, 
whether in connection with issues relating to guilt or the sentence, 
the court may authorize the defendant's attorneys to obtain such 
services on behalf of the defendant and, if so authorized, shall order 
the payment of fees and expenses therefor under paragraph (10). No ex 
parte proceeding, communication, or request may be considered pursuant 
to this section unless a proper showing is made concerning the need for 
confidentiality. Any such proceeding, communication, or request shall 
be transcribed and made a part of the record available for appellate 
review.''.

SEC. 109. SEVERABILITY.

          If any provision of this title, an amendment made by this 
title, or the application of such provision or amendment to any person 
or circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of the 
provisions of such to any person or circumstances shall not be affected 
thereby.

            TITLE II--ABOLISHMENT OF DEPARTMENT OF COMMERCE

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Department of Commerce Dismantling 
Act''.

SEC. 2002. TABLE OF CONTENTS.

    The table of contents for this title is as follows:

            TITLE II--ABOLISHMENT OF DEPARTMENT OF COMMERCE

Sec. 2001. Short title.
Sec. 2002. Table of contents.
           Subtitle A--Abolishment of Department of Commerce

Sec. 2101. Abolishment of Department of Commerce.
Sec. 2102. Resolution and termination of Department functions.
Sec. 2103. Responsibilities of the Director of the Office of Management 
                            and Budget.
Sec. 2104. Personnel.
Sec. 2105. Plans and reports.
Sec. 2106. GAO audit and access to records.
Sec. 2107. Conforming amendments.
Sec. 2108. Privatization framework.
Sec. 2109. Priority placement programs for Federal employees affected 
                            by a reduction in force attributable to 
                            this title.
Sec. 2110. Funding reductions for transferred functions.
Sec. 2111. Definitions.
Subtitle B--Disposition of Various Programs, Functions, and Agencies of 
                         Department of Commerce

Sec. 2201. Abolishment of Economic Development Administration and 
                            transfer of functions.
Sec. 2202. Technology Administration.
Sec. 2203. Reorganization of the Bureau of the Census and the Bureau of 
                            Economic Analysis.
Sec. 2204. Terminated functions of NTIA.
Sec. 2205. National Oceanic and Atmospheric Administration.
Sec. 2206. National Scientific, Oceanic, and Atmospheric 
                            Administration.
Sec. 2207. Miscellaneous terminations; moratorium on program 
                            activities.
Sec. 2208. Effective date.
        Subtitle C--Office of United States Trade Representative

                     Chapter 1--General Provisions

Sec. 2301. Definitions.
        Chapter 2--Offsubchapter a--establishmentRepresentative
Sec. 2311. Establishment of the Office.
Sec. 2312. Functions of tsubchapter b--officers
Sec. 2321. Deputy Administrator of the Office.
Sec. 2322. Deputy United States Trade Representatives.
Sec. 2323. Assistant administrators.
Sec. 2324. Director General for Export Promotion.
Sec. 2325. General Counsel.
Sec. 2326. Inspector General.
Sec. 2327. Chief subchapter c--transfers to the office
Sec. 2331. Office of the United States Trade Representative.
Sec. 2332. Transfers from the Department of Commerce.
Sec. 2333. Trade and Development Agency.
Sec. 2334. Export-Import Bank.
Sec. 2335. Overseas Private Investment Corporation.
Sec. 2336. Consolidation of export promotion and financing activities.
Sec. 2337. Additsubchapter d--administrative provisions
Sec. 2341. Personnel provisions.
Sec. 2342. Delegation and assignment.
Sec. 2343. Succession.
Sec. 2344. Reorganization.
Sec. 2345. Rules.
Sec. 2346. Funds transfer.
Sec. 2347. Contracts, grants, and cooperative agreements.
Sec. 2348. Use of facilities.
Sec. 2349. Gifts and bequests.
Sec. 2350. Working capital fund.
Sec. 2351. Service charges.
Sec. 2352. Seal of ofsubchapter e--related agencies
Sec. 2361. Interagency Trade Organization.
Sec. 2362. National Security Council.
Sec. 2363. Internasubchapter f--conforming amendments
Sec. 2371. Amendments to general provisions.
Sec. 2372. Repeals.
Sec. 2373. Conforming amendments relating to Executive Schedule 
                      subchapter g--miscellaneous
Sec. 2381. Effective date.
Sec. 2382. Interim appointments.
Sec. 2383. Funding reductions resulting from reorganization.
          Subtitle D--Patent and Trademark Office Corporation

Sec. 2401. Short title.
                 Chapter 1--Patent And Trademark Office

Sec. 2411. Establishment of Patent and Trademark Office as a 
                            Corporation.
Sec. 2412. Powers and duties.
Sec. 2413. Organization and management.
Sec. 2414. Management Advisory Board.
Sec. 2415. Independence from Department of Commerce.
Sec. 2416. Trademark Trial and Appeal Board.
Sec. 2417. Board of Patent Appeals and Interferences.
Sec. 2418. Suits by and against the Corporation.
Sec. 2419. Annual report of Commissioner.
Sec. 2420. Suspension or exclusion from practice.
Sec. 2421. Funding.
Sec. 2422. Audits.
Sec. 2423. Transfers.
            Chapter 2--Effective Date; Technical Amendments

Sec. 2431. Effective date.
Sec. 2432. Technical and conforming amendments.
                  Subtitle E--Miscellaneous Provisions

Sec. 2501. References.
Sec. 2502. Exercise of authorities.
Sec. 2503. Savings provisions.
Sec. 2504. Transfer of assets.
Sec. 2505. Delegation and assignment.
Sec. 2506. Authority of Director of the Office of Management and Budget 
                            with respect to functions transferred.
Sec. 2507. Certain vesting of functions considered transfers.
Sec. 2508. Availability of existing funds.
Sec. 2509. Definitions.
       Subtitle F--Citizens Commission on 21st Century Government

Sec. 2601. Short title and purpose.
Sec. 2602. Citizens Commission on 21st Century Government.
Sec. 2603. Department and agency cooperation.
Sec. 2604. Hearings.
Sec. 2605. Commission procedures.
Sec. 2606. Framework for the Federal Government in the 21st century.
Sec. 2607. Proposal for reorganizing the executive branch.
Sec. 2608. Procedures for making recommendations.
Sec. 2609. Congressional consideration of reform proposals.
Sec. 2610. Distribution of assets.
Sec. 2611. Agency defined.

           Subtitle A--Abolishment of Department of Commerce

SEC. 2101. ABOLISHMENT OF DEPARTMENT OF COMMERCE.

    (a) Abolishment of Department.--The Department of Commerce is 
abolished effective on the abolishment date specified in subsection 
(c).
    (b) Transfer of Department Functions to OMB.--Except as otherwise 
provided in this title, all functions that immediately before the 
abolishment date specified in subsection (c) are authorized to be 
performed by the Secretary of Commerce, any other officer or employee 
of the Department acting in that capacity, or any agency or office of 
the Department, are transferred to the Director of the Office of 
Management and Budget effective on that abolishment date.
    (c) Abolishment Date.--The abolishment date referred to in 
subsections (a) and (b) is the earlier of--
            (1) the last day of the 6-month period beginning on the 
        date of the enactment of this Act; or
            (2) September 30, 1996.

SEC. 2102. RESOLUTION AND TERMINATION OF DEPARTMENT FUNCTIONS.

    (a) Resolution of Functions.--During the period beginning on the 
date of enactment of this Act and ending on the functions termination 
date specified in subsection (c)--
            (1) the disposition and resolution of functions of the 
        Department of Commerce shall be completed in accordance with 
        this title; and
            (2) the Director shall resolve all functions that are 
        transferred to the Director under section 2101(b) and are not 
        otherwise continued under this title.
    (b) Termination of Functions.--All functions that are transferred 
to the Director under section 2101(b) that are not otherwise continued 
by this title shall terminate on the functions termination date 
specified in subsection (c).
    (c) Functions Termination Date.--The functions termination date 
referred to in subsections (a) and (b) is the last day of the 3-year 
period beginning on the date of the enactment of this Act.

SEC. 2103. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT 
              AND BUDGET.

    (a) In General.--The Director of the Office of Management and 
Budget shall be responsible for the implementation of this subtitle, 
including--
            (1) the administration and wind-up, during the wind-up 
        period, of all functions transferred to the Director under 
        section 2101(b);
            (2) the administration and wind-up, during the wind-up 
        period, of any outstanding obligations of the Federal 
        Government under any programs terminated by this title; and
            (3) taking such other actions as may be necessary to wind-
        up any outstanding affairs of the Department of Commerce before 
        the end of the wind-up period.
    (b) Delegation of Functions.--The Director may delegate to any 
officer of the Office of Management and Budget or to any other Federal 
department or agency head the performance of the Director's functions 
under this subtitle, except the Director's planning and reporting 
responsibilities under section 2105, to the extent that the Director 
determines that such delegation would further the purposes of this 
subtitle.
    (c) Transfer of Assets and Personnel.--In connection with any 
delegation of functions under subsection (b), the Director may transfer 
within the Office or to the department or agency concerned such assets, 
funds, personnel, records, and other property relating to the delegated 
function as the Director determines to be appropriate.
    (d) Authorities of the Director.--For purposes of performing the 
functions of the Director under this subtitle and subject to the 
availability of appropriations, the Director may--
            (1) enter into contracts;
            (2) employ experts and consultants in accordance with 
        section 3109 of title 5, United States Code, at rates for 
        individuals not to exceed the per diem rate equivalent to the 
        rate for level IV of the Executive Schedule; and
            (3) utilize, on a reimbursable basis, the services, 
        facilities, and personnel of other Federal agencies.

SEC. 2104. PERSONNEL.

    Effective on the abolishment date specified in section 2101(c), 
there are transferred to the Office all individuals who--
            (1) immediately before the abolishment date, were officers 
        or employees of the Department of Commerce; and
            (2) in their capacity as such an officer or employee, 
        performed functions that are transferred to the Director under 
        section 2101(b).

SEC. 2105. PLANS AND REPORTS.

    (a) Initial Implementation Plan.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Director shall submit a report, 
        through the President, to the Congress specifying those actions 
        taken and necessary to be taken--
                    (A) to resolve those programs and functions 
                terminated on the date of enactment of this Act; and
                    (B) to implement the additional transfers and other 
                program dispositions provided for in this title.
            (2) Contents.--The report shall include--
                    (A) recommendations for additional legislation, if 
                any, needed to reflect or otherwise to implement the 
                abolishments, transfers, terminations, and other 
                dispositions of programs and functions under this 
                title; and
                    (B) a description of actions planned and taken to 
                comply with limitations imposed by this Act on future 
                spending for continued functions.
    (b) Annual Status Reports.--At the end of each of the first, 
second, and third years following the date of enactment of this Act, 
the Director shall submit a report, through the President, to the 
Congress which--
            (1) specifies the status and progress of actions taken to 
        implement this title and to wind-up the affairs of the 
        Department of Commerce by the functions termination date 
        specified in section 2102(c);
            (2) includes any recommendations the Director may have for 
        additional legislation; and
            (3) describes actions taken to comply with limitations 
        imposed by this Act on future spending for continued functions.
    (c) GAO Reports.--Not later than 60 days after issuance of each 
report under subsections (a) and (b), the Comptroller General of the 
United States shall submit to the Congress a report which--
            (1) evaluates the report under that subsection; and
            (2) includes any recommendations the Comptroller General 
        considers appropriate.

SEC. 2106. GAO AUDIT AND ACCESS TO RECORDS.

    (a) Audit of Persons Performing Functions Pursuant to This Act.--
All agencies, corporations, organizations, and other persons of any 
description which under the authority of the United States perform any 
function or activity pursuant to this title shall be subject to audit 
by the Comptroller General of the United States with respect to such 
function or activity.
    (b) Audit of Persons Providing Certain Goods or Services.--All 
persons and organizations which, by contract, grant, or otherwise, 
provide goods or services to, or receive financial assistance from, any 
agency or other person performing functions or activities under or 
referred to by this title shall be subject to audit by the Comptroller 
General of the United States with respect to such provision of goods or 
services or receipt of financial assistance.
    (c) Provisions Applicable to audits Under This Section.--
            (1) Nature and scope of audit.--The Comptroller General of 
        the United States shall determine the nature, scope, terms, and 
        conditions of audits conducted under this section.
            (2) Coordination with other provisions of law.--The 
        authority of the Comptroller General of the United States under 
        this section shall be in addition to any audit authority 
        available to the Comptroller General under other provisions of 
        this title or any other law.
            (3) Rights of access, examination, and copying.--The 
        Comptroller General of the United States, and any duly 
        authorized representative of the Comptroller General, shall 
        have access to, and the right to examine and copy, all records 
        and other recorded information in any form, and to examine any 
        property within the possession or control of any agency or 
        person which is subject to audit under this section, which the 
        Comptroller General considers relevant to an audit conducted 
        under this section.
            (4) Enforcement of right of access.--The right of access of 
        the Comptroller General of the United States to information 
        under this section shall be enforceable under section 716 of 
        title 31, United States Code.
            (5) Maintenance of confidential records.--Section 716(e) of 
        title 31, United States Code, shall apply to information 
        obtained by the Comptroller General under this section.

SEC. 2107. CONFORMING AMENDMENTS.

    (a) Presidential Succession.--Section 19(d)(1) of title 3, United 
States Code, is amended by striking ``Secretary of Commerce,''.
    (b) Executive Departments.--Section 101 of title 5, United States 
Code, is amended by striking the following item: ``The Department of 
Commerce.''.
    (c) Secretary's Compensation.--Section 5312 of title 5, United 
States Code, is amended by striking the following item: ``Secretary of 
Commerce.''.
    (d) Compensation for Positions at Level III.--Section 5314 of title 
5, United States Code, is amended--
            (1) by striking the following item:
    ``Under Secretary of Commerce, Under Secretary of Commerce for 
Economic Affairs, Under Secretary of Commerce for Export Administration 
and Under Secretary of Commerce for Travel and Tourism.'';
            (2) by striking the following item:
    ``Under Secretary of Commerce for Oceans and Atmosphere, the 
incumbent of which also serves as Administrator of the National Oceanic 
and Atmospheric Administration.''; and
            (3) by striking the following item:
    ``Under Secretary of Commerce for Technology.''.
    (e) Compensation for Positions at Level IV.--Section 5315 of title 
5, United States Code, is amended--
            (1) by striking the following item:
    ``Assistant Secretaries of Commerce (11).'';
            (2) by striking the following item:
    ``General Counsel of the Department of Commerce.'';
            (3) by striking the following item:
    ``Assistant Secretary of Commerce for Oceans and Atmosphere, the 
incumbent of which also serves as Deputy Administrator of the National 
Oceanic and Atmospheric Administration.'';
            (4) by striking the following item:
    ``Director, National Institute of Standards and Technology, 
Department of Commerce.'';
            (5) by striking the following item:
    ``Inspector General, Department of Commerce.'';
            (6) by striking the following item:
    ``Chief Financial Officer, Department of Commerce.''; and
            (7) in the item relating to the Bureau of the Census, by 
        striking ``, Department of Commerce''.
    (f) Compensation for Positions at Level V.--Section 5316 of title 
5, United States Code, is amended--
            (1) by striking the following item:
    ``Director, United States Travel Service, Department of 
Commerce.''; and
            (2) by striking the following item:
    ``National Export Expansion Coordinator, Department of Commerce.''.
    (g) Inspector General Act of 1978.--The Inspector General Act of 
1978 (5 U.S.C. App.) is amended--
            (1) in section 9(a)(1), by striking subparagraph (B);
            (2) in section 11(1), by striking ``Commerce,''; and
            (3) in section 11(2), by striking ``Commerce,''.
    (h) Effective Date.--The amendments made by this section shall be 
effective on the abolishment date specified in section 2101(c).

SEC. 2108. PRIVATIZATION FRAMEWORK.

    (a) In General.--The Office of Management and Budget shall 
privatize each function designated for privatization under subtitle B 
within 18 months of the date of the transfer of such function to the 
Office. The Office shall pursue such forms of privatization 
arrangements as the Office considers appropriate to best serve the 
interests of the United States. If the Office is unable to privatize a 
function within 18 months, the Office shall report its inability to the 
Congress with its recommendations as to the appropriate disposition of 
the function and its assets.
    (b) Role of the Federal Government.--No privatization arrangement 
made under subsection (a) shall include any future role for, or 
accountability to, the Federal Government unless it is necessary to 
assure the continued accomplishment of a specific Federal objective. 
The Federal role should be the minimum necessary to accomplish Federal 
objectives.
    (c) Assets.--In privatizing a function, the Office of Management 
and Budget shall take any action necessary to preserve the value of the 
assets of a function during the period the Office holds such assets and 
to continue the performance of the function to the extent necessary to 
preserve the value of the assets or to accomplish core Federal 
objectives.

SEC. 2109. PRIORITY PLACEMENT PROGRAMS FOR FEDERAL EMPLOYEES AFFECTED 
              BY A REDUCTION IN FORCE ATTRIBUTABLE TO THIS TITLE.

    (a) In General.--Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 3329b. Priority placement programs for employees affected by a 
              reduction in force attributable to the Department of 
              Commerce Dismantling Act
    ``(a)(1) For the purpose of this section, the term `affected 
agency'--
            ``(A) except as provided in subparagraph (B), means an 
        Executive agency to which personnel are transferred in 
        connection with a transfer of function under the Department of 
        Commerce Dismantling Act, and
            ``(B) with respect to employees of the Department of 
        Commerce in general administration, the Inspector General's 
        office, or the General Counsel's office, or who provided 
        overhead support to other components of the Department on a 
        reimbursable basis, means all agencies to which functions of 
        those employees are transferred under the Department of 
        Commerce Dismantling Act.
    ``(2) This section applies with respect to any reduction in force 
that--
            ``(A) occurs within 12 months after the date of the 
        enactment of this section; and
            ``(B) is due to--
                    ``(i) the termination of any function of the 
                Department of Commerce; or
                    ``(ii) the agency's having excess personnel as a 
                result of a transfer of function described in paragraph 
                (1), as determined by--
                            ``(I) the Director of the Office of 
                        Management and Budget, in the case of a 
                        function transferred to the Office of 
                        Management and Budget; or
                            ``(II) the head of the agency, in the case 
                        of any other function.
    ``(b) As soon as practicable after the date of the enactment of 
this section, each affected agency shall establish an agencywide 
priority placement program to facilitate employment placement for 
employees who--
            ``(1) are scheduled to be separated from service due to a 
        reduction in force described in subsection (a)(2); or
            ``(2) are separated from service due to such a reduction in 
        force.
    ``(c)(1) Each agencywide priority placement program shall include 
provisions under which a vacant position shall not be filled by the 
appointment or transfer of any individual from outside of that agency 
if--
            ``(A) there is then available any individual described in 
        paragraph (2) who is qualified for the position; and
            ``(B) the position--
                    ``(i) is at the same grade (or pay level) or not 
                more than 1 grade (or pay level) below that of the 
                position last held by such individual before placement 
                in the new position; and
                    ``(ii) is within the same commuting area as the 
                individual's last-held position (as referred to in 
                clause (i)) or residence.
    ``(2) For purposes of an agencywide priority placement program, an 
individual shall be considered to be described in this paragraph if 
such individual's most recent performance evaluation was at least fully 
successful (or the equivalent), and such individual is either--
            ``(A) an employee of such agency who is scheduled to be 
        separated, as described in subsection (b)(1); or
            ``(B) an individual who became a former employee of such 
        agency as a result of a separation, as described in subsection 
        (b)(2).
    ``(d)(1) Nothing in this section shall affect any priority 
placement program of the Department of Defense which is in operation as 
of the date of the enactment of this section.
    ``(2) Nothing in this section shall impair placement programs 
within agencies subject to reductions in force resulting from causes 
other than the Department of Commerce Dismantling Act.
    ``(e) An individual shall cease to be eligible to participate in a 
program under this section on the earlier of--
            ``(1) the conclusion of the 12-month period beginning on 
        the date on which that individual first became eligible to 
        participate under subsection (c)(2); or
            ``(2) the date on which the individual declines a bona fide 
        offer (or if the individual does not act on the offer, the last 
        day for accepting such offer) from the affected agency of a 
        position described in subsection (c)(1)(B).''.
    (b) Technical and Conforming Amendments.--(1) Title 5, United 
States Code, is amended by redesignating the second section which is 
designated as section 3329 as section 3329a.
    (2) The table of sections for chapter 33 of title 5, United States 
Code, is amended by striking the item relating to the second section 
which is designated as section 3329 and inserting the following:

``3329a.    Government-wide list of vacant positions.
``3329b.    Priority placement programs for employees affected by a 
                            reduction in force attributable to the 
                            Department of Commerce Dismantling Act.''.

SEC. 2110. FUNDING REDUCTIONS FOR TRANSFERRED FUNCTIONS.

    (a) Funding Reductions.--Except as provided in subsection (b), the 
total amount obligated or expended by the United States in performing 
functions transferred under this title to the Director or to the Office 
from the Department of Commerce, or any of its officers or components, 
shall not exceed--
            (1) for the first fiscal year that begins after the 
        abolishment date specified in section 2101(c), 75 percent of 
        the total amount appropriated to the Department of Commerce for 
        the performance of such functions in fiscal year 1995; and
            (2) for the second fiscal year that begins after the 
        abolishment date specified in section 2101(c) and for each 
        fiscal year thereafter, 65 percent of the total amount 
        appropriated to the Department of Commerce for the performance 
        of such functions in fiscal year 1995.
    (b) Exception.--Subsection (a) shall not apply to obligations or 
expenditures incurred as a direct consequence of the termination, 
transfer, or other disposition of functions described in subsection (a) 
pursuant to this title.
    (c) Rule of Construction.--This section shall take precedence over 
any other provision of law unless such provision explicitly refers to 
this section and makes an exception to it.
    (d) Responsibilities of the Director.--The Director shall--
            (1) ensure compliance with the requirements of this 
        section; and
            (2) include in each report under sections 2105(a) and (b) a 
        description of actions taken to comply with such requirements.

SEC. 2111. DEFINITIONS.

    For purposes of this subtitle, the following definitions apply:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (2) Office.--The term ``Office'' means the Office of 
        Management and Budget.
            (3) Wind-up period.--The term ``wind-up period'' means the 
        period beginning on the date of the enactment of this Act and 
        ending on the functions termination date specified in section 
        2102(c).

Subtitle B--Disposition of Various Programs, Functions, and Agencies of 
                         Department of Commerce

SEC. 2201. ABOLISHMENT OF ECONOMIC DEVELOPMENT ADMINISTRATION AND 
              TRANSFER OF FUNCTIONS.

    (a) In General.--The Public Works and Economic Development Act of 
1965 (40 U.S.C. 3131 et seq.) is amended by striking all after the 
first section and inserting the following:

``SEC. 2. ADMINISTRATOR DEFINED.

    ``In this Act, the term `Administrator' means the Administrator of 
the Small Business Administration.

                    ``TITLE I--STATEMENT OF PURPOSE

``SEC. 101. FINDINGS AND DECLARATION.

    ``(a) Findings.--Congress finds that--
            ``(1) the maintenance of the national economy at a high 
        level is vital to the best interests of the United States, but 
        that some of our regions, counties, and communities are 
        suffering substantial and persistent unemployment and 
        underemployment that cause hardship to many individuals and 
        their families, and waste invaluable human resources;
            ``(2) to overcome this problem the Federal Government, in 
        cooperation with the States, should help areas and regions of 
        substantial and persistent unemployment and underemployment to 
        take effective steps in planning and financing their public 
        works and economic development;
            ``(3) Federal financial assistance, including grants for 
        public works and development facilities to communities, 
        industries, enterprises, and individuals in areas needing 
        development should enable such areas to help themselves achieve 
        lasting improvement and enhance the domestic prosperity by the 
        establishment of stable and diversified local economies and 
        improved local conditions, if such assistance is preceded by 
        and consistent with sound, long-range economic planning; and
            ``(4) under the provisions of this Act, new employment 
        opportunities should be created by developing and expanding new 
        and existing public works and other facilities and resources 
        rather than by merely transferring jobs from one area of the 
        United States to another.
    ``(b) Declaration.--Congress declares that, in furtherance of 
maintaining the national economy at a high level--
            ``(1) the assistance authorized by this Act should be made 
        available to both rural and urban areas;
            ``(2) such assistance should be made available for planning 
        for economic development prior to the actual occurrences of 
        economic distress in order to avoid such condition; and
            ``(3) such assistance should be used for long-term economic 
        rehabilitation in areas where long-term economic deterioration 
        has occurred or is taking place.

     ``TITLE II--GRANTS FOR PUBLIC WORKS AND DEVELOPMENT FACILITIES

``SEC. 201. DIRECT AND SUPPLEMENTARY GRANTS.

    ``(a) In General.--Upon the application of any eligible recipient, 
the Administrator may--
            ``(1) make direct grants for the acquisition or development 
        of land and improvements for public works, public service, or 
        development facility usage, and the acquisition, design and 
        engineering, construction, rehabilitation, alteration, 
        expansion, or improvement of such facilities, including related 
        machinery and equipment, within an area described in section 
        502(a), if the Administrator finds that--
                    ``(A) the project for which financial assistance is 
                sought will directly or indirectly--
                            ``(i) tend to improve the opportunities, in 
                        the area where such project is or will be 
                        located, for the successful establishment or 
                        expansion of industrial or commercial plants or 
                        facilities;
                            ``(ii) otherwise assist in the creation of 
                        additional long-term employment opportunities 
                        for such area; or
                            ``(iii) primarily benefit the long-term 
                        unemployed and members of low-income families;
                    ``(B) the project for which a grant is requested 
                will fulfill a pressing need of the area, or part 
                thereof, in which it is, or will be, located; and
                    ``(C) the area for which a project is to be 
                undertaken has an approved investment strategy as 
                provided by section 503 and such project is consistent 
                with such strategy;
            ``(2) make supplementary grants in order to enable the 
        States and other entities within areas described in section 
        502(a) to take maximum advantage of designated Federal grant-
        in-aid programs (as defined in subsection (c)(4)), direct 
        grants-in-aid authorized under this section, and Federal grant-
        in-aid programs authorized by the Watershed Protection and 
        Flood Prevention Act (68 Stat. 666), and the 11 watersheds 
        authorized by the Flood Control Act of December 22, 1944 (58 
        Stat. 887), for which they are eligible but for which, because 
        of their economic situation, they cannot supply the required 
        matching share.
    ``(b) Cost Sharing.--Subject to subsection (c), the amount of any 
direct grant under this subsection for any project shall not exceed 50 
percent of the cost of such project.
    ``(c) Requirements Applicable to Supplementary Grants.--
            ``(1) Amount of supplementary grants.--
                    ``(A) In general.--Except as provided by 
                subparagraph (B), the amount of any supplementary grant 
                under this section for any project shall not exceed the 
                applicable percentage established by regulations 
                promulgated by the Administrator, but in no event shall 
                the non-Federal share of the aggregate cost of any such 
                project (including assumptions of debt) be less than 20 
                percent of such cost.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                in the case of an Indian tribe, a State (or a political 
                subdivision of the State), or a community development 
                corporation which the Administrator determines has 
                exhausted its effective taxing and borrowing capacity, 
                the Administrator shall reduce the non-Federal share 
                below the percentage specified in subparagraph (A) or 
                shall waive the non-Federal share in the case of such a 
                grant for a project in an area described in section 
                502(a)(4).
            ``(2) Form of supplementary grants.--Supplementary grants 
        shall be made by the Administrator, in accordance with such 
        regulations as the Administrator may prescribe, by increasing 
        the amounts of direct grants authorized under this section or 
        by the payment of funds appropriated under this Act to the 
        heads of the departments, agencies, and instrumentalities of 
        the Federal Government responsible for the administration of 
        the applicable Federal programs.
            ``(3) Federal share limitations specified in other laws.--
        Notwithstanding any requirement as to the amount or sources of 
        non-Federal funds that may otherwise be applicable to the 
        Federal program involved, funds provided under this subsection 
        shall be used for the sole purpose of increasing the Federal 
        contribution to specific projects in areas described in section 
        502(a) under such programs above the fixed maximum portion of 
        the cost of such project otherwise authorized by the applicable 
        law.
            ``(4) Designated federal grant-in-aid programs defined.--In 
        this subsection, the term `designated Federal grant-in-aid 
        programs' means such existing or future Federal grant-in-aid 
        programs assisting in the construction or equipping of 
        facilities as the Administrator may, in furtherance of the 
        purposes of this Act, designate as eligible for allocation of 
        funds under this section.
            ``(5) Consideration of relative need in determining 
        amount.--In determining the amount of any supplementary grant 
        available to any project under this section, the Administrator 
        shall take into consideration the relative needs of the area 
        and the nature of the projects to be assisted.
    ``(d) Regulations.--The Administrator shall prescribe rules, 
regulations, and procedures to carry out this section which will assure 
that adequate consideration is given to the relative needs of eligible 
areas. In prescribing such rules, regulations, and procedures the 
Administrator shall consider among other relevant factors--
            ``(1) the severity of the rates of unemployment in the 
        eligible areas and the duration of such unemployment; and
            ``(2) the income levels of families and the extent of 
        underemployment in eligible areas.
    ``(e) Review and Comment Upon Projects by Local Governmental 
Authorities.--The Administrator shall prescribe regulations which will 
assure that appropriate local governmental authorities have been given 
a reasonable opportunity to review and comment upon proposed projects 
under this section.

``SEC. 202. CONSTRUCTION COST INCREASES.

    ``In any case where a grant (including a supplemental grant) has 
been made by the Administrator under this title for a project and after 
such grant has been made but before completion of the project, the cost 
of such project based upon the designs and specifications which were 
the basis of the grant has been increased because of increases in 
costs, the amount of such grant may be increased by an amount equal to 
the percentage increase, as determined by the Administrator, in such 
costs, but in no event shall the percentage of the Federal share of 
such project exceed that originally provided for in such grant.

``SEC. 203. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST.

    ``In any case where a grant (including a supplemental grant) has 
been made by the Administrator under this title for a project, and 
after such grant has been made but before completion of the project, 
the cost of such project based upon the designs and specifications 
which were the basis of the grant has decreased because of decreases in 
costs, such underrun funds may be used to improve the project either 
directly or indirectly as determined by the Administrator.

``SEC. 204. CHANGED PROJECT CIRCUMSTANCES.

    ``In any case where a grant (including a supplemental grant) has 
been made by the Administrator under this title for a project, and 
after such grant has been made but before completion of the project, 
the purpose or scope of such project based upon the designs and 
specifications which were the basis of the grant has changed, the 
Administrator may approve the use of grant funds on such changed 
project if the Administrator determines that such changed project meets 
the requirements of this title and that such changes are necessary to 
enhance economic development in the area.

  ``TITLE III--SPECIAL ECONOMIC DEVELOPMENT AND ADJUSTMENT ASSISTANCE

``SEC. 301. STATEMENT OF PURPOSE.

    ``The purpose of this title to provide special economic development 
and adjustment assistance programs to help State and local areas meet 
special needs arising from actual or threatened severe unemployment 
arising from economic dislocation (including unemployment arising from 
actions of the Federal Government, from defense base closures and 
realignments, and from compliance with environmental requirements which 
remove economic activities from a locality) and economic adjustment 
problems resulting from severe changes in economic conditions 
(including long-term economic deterioration), and to encourage 
cooperative intergovernmental action to prevent or solve economic 
adjustment problems. Nothing in this title is intended to replace the 
efforts of the economic adjustment program of the Department of 
Defense.

``SEC. 302. SPECIAL ECONOMIC DEVELOPMENT AND ADJUSTMENT ASSISTANCE.

    ``(a) In General.--The Administrator is authorized to make grants 
directly to any eligible recipient in an area which the Administrator 
determines, in accordance with criteria to be established by the 
Administrator by regulation--
            ``(1) has experienced, or may reasonably be foreseen to be 
        about to experience, a special need to meet an expected rise in 
        unemployment, or other economic adjustment problems (including 
        those caused by any action or decision of the Federal 
        Government); or
            ``(2) has demonstrated long-term economic deterioration.
    ``(b) Purposes.--Amounts from grants under subsection (a) shall be 
used by an eligible recipient to carry out or develop an investment 
strategy which--
            ``(1) meets the requirements of section 503; and
            ``(2) is approved by the Administrator.
    ``(c) Types of Assistance.--In carrying out an investment strategy 
using amounts from grants under subsection (a), an eligible recipient 
may provide assistance for any of the following:
            ``(1) Public facilities.
            ``(2) Public services.
            ``(3) Business development.
            ``(4) Planning.
            ``(5) Research and technical assistance.
            ``(6) Administrative expenses.
            ``(7) Training.
            ``(8) Relocation of individuals and businesses.
            ``(9) Other assistance which demonstrably furthers the 
        economic adjustment objectives of this title.
    ``(d) Direct Expenditure or Redistribution by Recipient.--Amounts 
from grants under subsection (a) may be used in direct expenditures by 
the eligible recipient or through redistribution by the eligible 
recipient to public and private entities in grants, loans, loan 
guarantees, payments to reduce interest on loan guarantees, or other 
appropriate assistance, but no grant shall be made by an eligible 
recipient to a private profit-making entity.
    ``(e) Coordination.--The Administrator to the extent practicable 
shall coordinate the activities relating to the requirements for 
investment strategies and making grants and loans under this title with 
other Federal programs, States, economic development districts, and 
other appropriate planning and development organizations.
    ``(f) Base Closings and Realignments.--
            ``(1) Location of projects.--In any case in which the 
        Administrator determines a need for assistance under subsection 
        (a) due to the closure or realignment of a military 
        installation, the Administrator may make such assistance 
        available for projects to be carried out on the military 
        installation and for projects to be carried out in communities 
        adversely affected by the closure or realignment.
            ``(2) Interest in property.--Notwithstanding any other 
        provision of law, the Administrator may provide to an eligible 
        recipient any assistance available under this Act for a project 
        to be carried out on a military installation that is closed or 
        scheduled for closure or realignment without requiring that the 
        eligible recipient have title to the property or a leasehold 
        interest in the property for any specified term.

``SEC. 303. ANNUAL REPORTS BY RECIPIENT.

    ``Each eligible recipient which receives assistance under this 
title from the Administrator shall annually during the period such 
assistance continue to make a full and complete report to the 
Administrator, in such manner as the Administrator shall prescribe, and 
such report shall contain an evaluation of the effectiveness of the 
economic assistance provided under this title in meeting the need it 
was designed to alleviate and the purposes of this title.

``SEC. 304. SALE OF FINANCIAL INSTRUMENTS IN REVOLVING LOAN FUNDS.

    ``Any loan, loan guarantee, equity, or other financial instrument 
in the portfolio of a revolving loan fund, including any financial 
instrument made available using amounts from a grant made before the 
effective date specified in section 802, may be sold, encumbered, or 
pledged at the discretion of the grantee of the Fund, to a third party 
provided that the net proceeds of the transaction--
            ``(1) shall be deposited into the Fund and may only be used 
        for activities which are consistent with the purposes of this 
        title; and
            ``(2) shall be subject to the financial management, 
        accounting, reporting, and auditing standards which were 
        originally applicable to the grant.

``SEC. 305. TREATMENT OF REVOLVING LOAN FUNDS.

    ``(a) In General.--Amounts from grants made under this title which 
are used by an eligible recipient to establish a revolving loan fund 
shall not be treated, except as provided by subsection (b), as amounts 
derived from Federal funds for the purposes of any Federal law after 
such amounts are loaned from the fund to a borrower and repaid to the 
fund.
    ``(b) Exceptions.--Amounts described in subsection (a) which are 
loaned from a revolving loan fund to a borrower and repaid to the 
fund--
            ``(1) may only be used for activities which are consistent 
        with the purposes of this title; and
            ``(2) shall be subject to the financial management, 
        accounting, reporting, and auditing standards which were 
        originally applicable to the grant.
    ``(c) Regulations.--Not later than 30 days after the effective date 
specified in section 802, the Administrator shall issue regulations to 
carry out subsection (a).
    ``(d) Public Review and Comment.--Before issuing any final 
guidelines or administrative manuals governing the operation of 
revolving loan funds established using amounts from grants under this 
title, the Administrator shall provide reasonable opportunity for 
public review of and comment on such guidelines and administrative 
manuals.
    ``(e) Applicability to Past Grants.--The requirements of this 
section applicable to amounts from grants made under this title shall 
also apply to amounts from grants made, before the effective date 
specified in section 802, under title I of this Act, as in effect on 
the day before such effective date.

      ``TITLE IV--TECHNICAL ASSISTANCE, RESEARCH, AND INFORMATION

``SEC. 401. TECHNICAL ASSISTANCE.

    ``(a) In General.--In carrying out its duties under this Act, the 
Administrator may provide technical assistance which would be useful in 
alleviating or preventing conditions of excessive unemployment or 
underemployment to areas which the Administrator finds have substantial 
need for such assistance. Such assistance shall include project 
planning and feasibility studies, management and operational 
assistance, establishment of business outreach centers, and studies 
evaluating the needs of, and development potentialities for, economic 
growth of such areas.
    ``(b) Procedures and Terms.--
            ``(1) Manner of providing assistance.--Assistance may be 
        provided by the Administrator through--
                    ``(A) members of the Administrator's staff;
                    ``(B) the payment of funds authorized for this 
                section to departments or agencies of the Federal 
                Government;
                    ``(C) the employment of private individuals, 
                partnerships, firms, corporations, or suitable 
                institutions under contracts entered into for such 
                purposes; or
                    ``(D) grants-in-aid to appropriate public or 
                private nonprofit State, area, district, or local 
                organizations.
            ``(2) Repayment terms.--The Administrator, in the 
        Administrator's discretion, may require the repayment of 
        assistance provided under this subsection and prescribe the 
        terms and conditions of such repayment.
    ``(c) Grants Covering Administrative Expenses.--
            ``(1) In general.--The Administrator may make grants to 
        defray not to exceed 50 percent of the administrative expenses 
        of organizations which the Administrator determines to be 
qualified to receive grants-in-aid under subsections (a) and (b); 
except that in the case of a grant under this subsection to an Indian 
tribe, the Administrator is authorized to defray up to 100 percent of 
such expenses.
            ``(2) Determination of non-federal share.--In determining 
        the amount of the non-Federal share of such costs or expenses, 
        the Administrator shall give due consideration to all 
        contributions both in cash and in kind, fairly evaluated, 
        including contributions of space, equipment, and services.
            ``(3) Use of grants with planning grants.--Where 
        practicable, grants-in-aid authorized under this subsection 
        shall be used in conjunction with other available planning 
        grants to assure adequate and effective planning and economical 
        use of funds.
    ``(d) Availability of Technical Information; Federal Procurement.--
The Administrator shall aid areas described in section 502(a) and other 
areas by furnishing to interested individuals, communities, industries, 
and enterprises within such areas any assistance, technical 
information, market research, or other forms of assistance, 
information, or advice which would be useful in alleviating or 
preventing conditions of excessive unemployment or underemployment 
within such areas. The Administrator may furnish the procurement 
divisions of the various departments, agencies, and other 
instrumentalities of the Federal Government with a list containing the 
names and addresses of business firms which are located in areas 
described in section 502(a) and which are desirous of obtaining 
Government contracts for the furnishing of supplies or services, and 
designating the supplies and services such firms are engaged in 
providing.

``SEC. 402. ECONOMIC DEVELOPMENT PLANNING.

    ``(a) Direct Grants.--
            ``(1) In general.--The Administrator may make, upon 
        application of any State, or city, or other political 
        subdivision of a State, or sub-State planning and development 
        organization (including an area described in section 502(a) or 
        an economic development district), direct grants to such State, 
        city, or other political subdivision, or organization to pay up 
        to 50 percent of the cost for economic development planning.
            ``(2) Planning projects specifically included.--The 
        planning for cities, other political subdivisions, and sub-
        State planning and development organizations (including areas 
        described in section 502(a) and economic development districts) 
        assisted under this section shall include systematic efforts to 
        reduce unemployment and increase incomes.
            ``(3) Planning process.--The planning shall be a continuous 
        process involving public officials and private citizens in 
        analyzing local economies, defining development goals, 
        determining project opportunities, and formulating and 
        implementing a development program.
            ``(4) Coordination of assistance under section 401(c).--The 
        assistance available under this section may be provided in 
        addition to assistance available under section 401(c) but shall 
        not supplant such assistance.
    ``(b) Compliance With Review Procedure.--The planning assistance 
authorized under this title shall be used in conjunction with any other 
available Federal planning assistance to assure adequate and effective 
planning and economical use of funds.

            ``TITLE V--ELIGIBILITY AND INVESTMENT STRATEGIES

                         ``PART A--ELIGIBILITY

``SEC. 501. ELIGIBLE RECIPIENT DEFINED.

    ``In this Act, the term `eligible recipient' means an area 
described in section 502(a), an economic development district 
designated under section 510, an Indian tribe, a State, a city or other 
political subdivision of a State, or a consortium of such political 
subdivisions, or a public or private nonprofit organization or 
association acting in cooperation with officials of such political 
subdivisions.

``SEC. 502. AREA ELIGIBILITY.

    ``(a) Certification.--In order to be eligible for assistance under 
title II, an applicant seeking assistance to undertake a project in an 
area shall certify, as part of an application for such assistance, that 
the area on the date of submission of such application meets 1 or more 
of the following criteria:
            ``(1) The area has a per capita income of 80 percent or 
        less of the national average.
            ``(2) The area has an unemployment rate 1 percent above the 
        national average percentage for the most recent 24-month period 
        for which statistics are available.
            ``(3) The area has experienced or is about to experience a 
        sudden economic dislocation resulting in job loss that is 
        significant both in terms of the number of jobs eliminated and 
        the effect upon the employment rate of the area.
            ``(4) The area is a community or neighborhood (defined 
        without regard to political or other subdivisions or 
        boundaries) which the Administrator determines has one or more 
        of the following conditions:
                    ``(A) A large concentration of low-income persons.
                    ``(B) Rural areas having substantial out-migration.
                    ``(C) Substantial unemployment.
    ``(b) Documentation.--A certification made under subsection (a) 
shall be supported by Federal data, when available, and in other cases 
by data available through the State government. Such documentation 
shall be accepted by the Administrator unless it is determined to be 
inaccurate. The most recent statistics available shall be used.
    ``(c) Prior Designations.--Any designation of a redevelopment area 
made before the effective date specified in section 802 shall not be 
effective after such effective date.

``SEC. 503. INVESTMENT STRATEGY.

    ``The Administrator may provide assistance under titles II and III 
to an applicant for a project only if the applicant submits to the 
Administrator, as part of an application for such assistance, and the 
Administrator approves an investment strategy which--
            ``(1) identifies the economic development problems to be 
        addressed using such assistance;
            ``(2) identifies past, present, and projected future 
        economic development investments in the area receiving such 
        assistance and public and private participants and sources of 
        funding for such investments;
            ``(3) sets forth a strategy for addressing the economic 
        problems identified pursuant to paragraph (1) and describes how 
        the strategy will solve such problems;
            ``(4) provides a description of the project necessary to 
        implement the strategy, estimates of costs, and timetables; and
            ``(5) provides a summary of public and private resources 
        expected to be available for the project.

``SEC. 504. APPROVAL OF PROJECTS.

    ``Only applications for grants or other assistance under this Act 
for specific projects shall be approved which are certified by the 
State representing such applicant and determined by the Administrator--
            ``(1) to be included in a State investment strategy;
            ``(2) to have adequate assurance that the project will be 
        properly administered, operated, and maintained; and
            ``(3) to otherwise meet the requirements for assistance 
        under this Act.

                ``PART B--ECONOMIC DEVELOPMENT DISTRICTS

``SEC. 510. DESIGNATION OF ECONOMIC DEVELOPMENT DISTRICTS AND ECONOMIC 
              DEVELOPMENT CENTERS.

    ``(a) In General.--In order that economic development projects of 
broader geographic significance may be planned and carried out, the 
Administrator may--
            ``(1) designate appropriate `economic development 
        districts' within the United States with the concurrence of the 
        States in which such districts will be wholly or partially 
        located, if--
                    ``(A) the proposed district is of sufficient size 
                or population, and contains sufficient resources, to 
                foster economic development on a scale involving more 
                than a single area described in section 502(a);
                    ``(B) the proposed district contains at least 1 
                area described in section 502(a);
                    ``(C) the proposed district contains 1 or more 
                areas described in section 502(a) or economic 
                development centers identified in an approved district 
                investment strategy as having sufficient size and 
                potential to foster the economic growth activities 
                necessary to alleviate the distress of the areas 
                described in section 502(a) within the district; and
                    ``(D) the proposed district has a district 
                investment strategy which includes adequate land use 
                and transportation planning and contains a specific 
                program for district cooperation, self-help, and public 
                investment and is approved by the State or States 
                affected and by the Administrator;
            ``(2) designate as `economic development centers', in 
        accordance with such regulations as the Administrator shall 
        prescribe, such areas as the Administrator may deem 
        appropriate, if--
                    ``(A) the proposed center has been identified and 
                included in an approved district investment strategy 
                and recommended by the State or States affected for 
                such special designation;
                    ``(B) the proposed center is geographically and 
                economically so related to the district that its 
                economic growth may reasonably be expected to 
                contribute significantly to the alleviation of distress 
                in the areas described in section 502(a) of the 
                district; and
                    ``(C) the proposed center does not have a 
                population in excess of 250,000 according to the most 
                recent Federal census.
            ``(3) provide financial assistance in accordance with the 
        criteria of this Act, except as may be herein otherwise 
        provided, for projects in economic development centers 
        designated under subsection (a)(2), if--
                    ``(A) the project will further the objectives of 
                the investment strategy of the district in which it is 
                to be located;
                    ``(B) the project will enhance the economic growth 
                potential of the district or result in additional long-
                term employment opportunities commensurate with the 
                amount of Federal financial assistance requested; and
                    ``(C) the amount of Federal financial assistance 
                requested is reasonably related to the size, 
                population, and economic needs of the district;
            ``(4) subject to the 50 percent non-Federal share required 
        for any project by section 201(c), increase the amount of grant 
        assistance authorized by section 201 for projects within areas 
        described in section 502(a), by an amount not to exceed 10 
        percent of the aggregate cost of any such project, in 
        accordance with such regulations as the Administrator shall 
        prescribe if--
                    ``(A) the area described in section 502(a) is 
                situated within a designated economic development 
                district and is actively participating in the economic 
                development activities of the district; and
                    ``(B) the project is consistent with an approved 
                investment strategy.
    ``(b) Authorities.--In designating economic development districts 
and approving district investment strategies under subsection (a), the 
Administrator may, under regulations prescribed by the Administrator--
            ``(1) invite the several States to draw up proposed 
        district boundaries and to identify potential economic 
        development centers;
            ``(2) cooperate with the several States--
                    ``(A) in sponsoring and assisting district economic 
                planning and development groups; and
                    ``(B) in assisting such district groups to 
                formulate district investment strategies; and
            ``(3) encourage participation by appropriate local 
        governmental authorities in such economic development 
        districts.
    ``(c) Termination or Modification of Designations.--The 
Administrator shall by regulation prescribe standards for the 
termination or modification of economic development districts and 
economic development centers designated under the authority of this 
section.
    ``(d) Definitions.--In this Act, the following definitions apply:
            ``(1) Economic development district.--The term `economic 
        development district' refers to any area within the United 
        States composed of cooperating areas described in section 
        502(a) and, where appropriate, designated economic development 
        centers and neighboring counties or communities, which has been 
        designated by the Administrator as an economic development 
        district. Such term includes any economic development district 
        designated under section 403 of this Act, as in effect on the 
        day before the effective date specified in section 802.
            ``(2) Economic development center.--The term `economic 
        development center' refers to any area within the United States 
        which has been identified as an economic development center in 
        an approved investment strategy and which has been designated 
        by the Administrator as eligible for financial assistance under 
        this Act in accordance with the provisions of this section.
            ``(3) Local government.--The term `local government' means 
        any city, county, town, parish, village, or other general-
        purpose political subdivision of a State.
    ``(e) Parts of Economic Development Districts Not Within Areas 
Described in Section 502(a).--The Administrator is authorized to 
provide the financial assistance which is available to an area 
described in section 502(a) under this Act to those parts of an 
economic development district which are not within an area described in 
section 502(a), when such assistance will be of a substantial direct 
benefit to an area described in section 502(a) within such district. 
Such financial assistance shall be provided in the same manner and to 
the same extent as is provided in this Act for an area described in 
section 502(a); except that nothing in this subsection shall be 
construed to permit such parts to receive the increase in the amount of 
grant assistance authorized in subsection (a)(4).

                       ``TITLE VI--ADMINISTRATION

``SEC. 601. APPOINTMENT OF ASSOCIATE ADMINISTRATOR; FULL TIME 
              EQUIVALENT EMPLOYEES.

    ``(a) Appointment.--The Administrator shall carry out the duties 
vested in the Administrator by this Act acting through an Associate 
Administrator of the Small Business Administration, who shall be 
appointed by the President by and with the advice and consent of the 
Senate.
    ``(b) Pay.--The Associate Administrator shall be compensated by the 
Federal Government at the rate prescribed for level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    ``(c) Full Time Equivalent Employees.--The Administrator shall 
assign not to exceed 25 full time equivalent employees of the Small 
Business Administration (excluding the Associate Administrator) to 
assist the Administrator in the carrying out the duties vested in the 
Administrator by this Act.

``SEC. 602. REGIONAL COOPERATIVE AGREEMENTS.

    ``(a) In General.--The Administrator shall make grants and carry 
out such other functions under this Act as the Administrator considers 
appropriate by entering into cooperative agreements with 1 or more 
States on a regional basis. Each State entering into such an agreement 
shall be represented by the chief executive officer of the State.
    ``(b) Terms and Conditions.--A cooperative agreement entered into 
under subsection (a) shall include such terms and conditions as the 
Administrator determines are necessary to carry out the provisions of 
this Act. Such terms and conditions at a minimum shall provide that no 
decision concerning regional policies or approval of project or grant 
applications may be made without the consent of the Administrator and a 
majority of the States participating in the cooperative agreement.
    ``(c) Participation Not Required.--No State shall be required to 
enter into a cooperative agreement under this section or to participate 
in any program established by this Act.

``SEC. 603. ADMINISTRATIVE EXPENSES.

    ``(a) Payment by States.--Fifty percent of the administrative 
expenses incurred by States in participating in a cooperative agreement 
entered into under section 602 shall be paid by such States and the 
remaining 50 percent of such expenses shall be paid by the Federal 
Government.
    ``(b) Determination of State Share.--The share of the 
administrative expenses to be paid by each State participating in a 
cooperative agreement shall be determined by a majority vote of such 
States. The Administrator may not participate or vote in such 
determination.
    ``(c) Delinquent Payments.--No assistance authorized by this Act 
shall be furnished to any State or to any political subdivision or 
resident of a State, nor shall the State participate or vote in any 
decision described in section 602(b), while such State is delinquent in 
the payment of such State's share of the administrative expenses 
described in subsection (a).

``SEC. 604. FEDERAL SHARE.

    ``Except as otherwise expressly provided by this Act, the Federal 
share of the cost of any project funded with amounts made available 
under this Act shall not exceed 50 percent of such cost.

``SEC. 605. COOPERATION OF FEDERAL AGENCIES.

    ``Each Federal department and agency, in accordance with applicable 
laws and within the limits of available funds, shall cooperate with the 
Administrator in order to assist the Administrator in carrying out the 
functions of the Administrator.

``SEC. 606. CONSULTATION WITH OTHER PERSONS AND AGENCIES.

    ``(a) Consultation on Problems Relating to Employment.--The 
Administrator is authorized from time to time to call together and 
confer with any persons, including representatives of labor, 
management, agriculture, and government, who can assist in meeting the 
problems of area and regional unemployment or underemployment.
    ``(b) Consultation on Administration of Act.--The Administrator may 
make provisions for such consultation with interested departments and 
agencies as the Administrator may deem appropriate in the performance 
of the functions vested in the Administrator by this Act.

``SEC. 607. ADMINISTRATION, OPERATION, AND MAINTENANCE.

    ``No Federal assistance shall be approved under this Act unless the 
Administrator is satisfied that the project for which Federal 
assistance is granted will be properly and efficiently administered, 
operated, and maintained.

                       ``TITLE VII--MISCELLANEOUS

``SEC. 701. POWERS OF ADMINISTRATOR.

    ``(a) In General.--In performing the Administrator's duties under 
this Act, the Administrator is authorized to--
            ``(1) adopt, alter, and use a seal, which shall be 
        judicially noticed;
            ``(2) subject to the civil-service and classification laws, 
        select, employ, appoint, and fix the compensation of such 
        personnel as may be necessary to carry out the provisions of 
        this Act;
            ``(3) hold such hearings, sit and act at such times and 
        places, and take such testimony, as the Administrator may deem 
        advisable;
            ``(4) request directly from any executive department, 
        bureau, agency, board, commission, office, independent 
        establishment, or instrumentality information, suggestions, 
        estimates, and statistics needed to carry out the purposes of 
        this Act; and each department, bureau, agency, board, 
        commission, office, establishment, or instrumentality is 
        authorized to furnish such information, suggestions, estimates, 
        and statistics directly to the Administrator;
            ``(5) under regulations prescribed by the Administrator, 
        assign or sell at public or private sale, or otherwise dispose 
        of for cash or credit, in the Administrator's discretion and 
        upon such terms and conditions and for such consideration as 
        the Administrator determines to be reasonable, any evidence of 
        debt, contract, claim, personal property, or security assigned 
        to or held by the Administrator in connection with assistance 
        extended under this Act, and collect or compromise all 
        obligations assigned to or held by the Administrator in 
        connection with such assistance until such time as such 
        obligations may be referred to the Attorney General for suit or 
        collection;
            ``(6) deal with, complete, renovate, improve, modernize, 
        insure, rent, or sell for cash or credit, upon such terms and 
        conditions and for such consideration as the Administrator 
        determines to be reasonable, any real or personal property 
        conveyed to, or otherwise acquired by the Administrator in 
        connection with assistance extended under this Act;
            ``(7) pursue to final collection, by way of compromise or 
        other administrative action, prior to reference to the Attorney 
        General, all claims against third parties assigned to the 
        Administrator in connection with assistance extended this Act;
            ``(8) acquire, in any lawful manner and in accordance with 
        the requirements of the Federal Property and Administrative 
        Services Act of 1949, any property (real, personal, or mixed, 
        tangible or intangible), whenever necessary or appropriate to 
        the conduct of the activities authorized under this Act;
            ``(9) in addition to any powers, functions, privileges, and 
        immunities otherwise vested in the Administrator, take any 
        action, including the procurement of the services of attorneys 
        by contract, determined by the Administrator to be necessary or 
        desirable in making, purchasing, servicing, compromising, 
        modifying, liquidating, or otherwise administratively dealing 
        with assets held in connection with financial assistance 
        extended under this Act;
            ``(10) employ experts and consultants or organizations as 
        authorized by section 3109 of title 5, United States Code, 
        compensate individuals so employed at rates not in excess of 
        $100 per diem, including travel time, and allow them, while 
        away from their homes or regular places of business, travel 
        expenses (including per diem in lieu of subsistence) as 
        authorized by section 5703 of title 5, United States Code, for 
        persons in the Government service employed intermittently, 
        while so employed, except that contracts for such employment 
        may be renewed annually;
            ``(11) sue and be sued in any court of record of a State 
        having general jurisdiction or in any United States district 
        court, and jurisdiction is conferred upon such district court 
        to determine such controversies without regard to the amount in 
        controversy; but no attachment, injunction, garnishment, or 
        other similar process, mesne or final, shall be issued against 
        the Administrator or the Administrator's property;
            ``(12) make discretionary grants, pursuant to authorities 
        otherwise available to the Administrator under this Act and 
        without regard to the requirements of section 504, to implement 
        significant regional initiatives, to take advantage of special 
        development opportunities, or to respond to emergency economic 
        distress in a region from the funds withheld from distribution 
        by the Administrator; except that the aggregate amount of such 
        discretionary grants in any fiscal year may not exceed 10 
        percent of the amounts appropriated under title VIII for such 
        fiscal year;
            ``(13) allow a State to use not to exceed 5 percent of the 
        total of amounts received by the State in a fiscal year in 
        grants under this Act for reasonable expenses incurred by the 
        State in administering such amounts; and
            ``(14) establish such rules, regulations, and procedures as 
        the Administrator considers appropriate in carrying out the 
        provisions of this Act.
    ``(b) Deficiency Judgments.--The authority under subsection (a)(7) 
to pursue claims shall include the authority to obtain deficiency 
judgments or otherwise in the case of mortgages assigned to the 
Administrator.
    ``(c) Inapplicability of Certain Other Requirements.--Section 3709 
of the Revised Statutes of the United States shall not apply to any 
contract of hazard insurance or to any purchase or contract for 
services or supplies on account of property obtained by the 
Administrator as a result of assistance extended under this Act if the 
premium for the insurance or the amount of the insurance does not 
exceed $1,000.
    ``(d) Powers of Conveyance and Execution.--The power to convey and 
to execute, in the name of the Administrator, deeds of conveyance, 
deeds of release, assignments and satisfactions of mortgages, and any 
other written instrument relating to real or personal property or any 
interest therein acquired by the Administrator pursuant to the 
provisions of this Act may be exercised by the Administrator, or by any 
officer or agent appointed by the Administrator for such purpose, 
without the execution of any express delegation of power or power of 
attorney.

``SEC. 702. ESTABLISHMENT OF CLEARINGHOUSE.

    ``In carrying out the Administrator's duties under this Act, the 
Administrator shall ensure that the Small Business Administration--
            ``(1) serves as a central information clearinghouse on 
        matters relating to economic development, economic adjustment, 
        disaster recovery, and defense conversion programs and 
        activities of the Federal and State governments, including 
        political subdivisions of the States; and
            ``(2) helps potential and actual applicants for economic 
        development, economic adjustment, disaster recovery, and 
        defense conversion assistance under Federal, State, and local 
        laws in locating and applying for such assistance, including 
        financial and technical assistance.

``SEC. 703. PERFORMANCE MEASURES.

    ``The Administrator shall establish performance measures for grants 
and other assistance provided under this Act. Such performance measures 
shall be used to evaluate project proposals and conduct evaluations of 
projects receiving such assistance.

``SEC. 704. MAINTENANCE OF STANDARDS.

    ``The Administrator shall continue to implement and enforce the 
provisions of section 712 of this Act, as in effect on the day before 
the effective date specified in section 802.

``SEC. 705. TRANSFER OF FUNCTIONS.

    ``The functions, powers, duties, and authorities and the assets, 
funds, contracts, loans, liabilities, commitments, authorizations, 
allocations, and records which are vested in or authorized to be 
transferred to the Secretary of the Treasury under section 29(b) of the 
Area Redevelopment Act, and all functions, powers, duties, and 
authorities under section 29(c) of such Act are hereby vested in the 
Administrator.

``SEC. 706. DEFINITION OF STATE.

    ``In this Act, the terms `State', `States', and `United States' 
include the several States, the District of Columbia, Puerto Rico, the 
Virgin Islands, American Samoa, Guam, the Marshall Islands, Micronesia, 
and the Northern Mariana Islands.

``SEC. 707. ANNUAL REPORT TO CONGRESS.

    ``The Administrator shall transmit to Congress a comprehensive and 
detailed annual report of the Administrator's operations under this Act 
for each fiscal year beginning with the fiscal year ending September 
30, 1996. Such report shall be printed and shall be transmitted to 
Congress not later than April 1 of the year following the fiscal year 
with respect to which such report is made.

``SEC. 708. USE OF OTHER FACILITIES.

    ``(a) Delegation of Functions to Other Federal Departments and 
Agencies.--The Administrator may delegate to the heads of other 
departments and agencies of the Federal Government any of the 
Administrator's functions, powers, and duties under this Act as the 
Administrator may deem appropriate, and to authorize the redelegation 
of such functions, powers, and duties by the heads of such departments 
and agencies.
    ``(b) Department and Agency Execution of Delegated Authority.--
Departments and agencies of the Federal Government shall exercise their 
powers, duties, and functions in such manner as will assist in carrying 
out the objectives of this Act.
    ``(c) Transfer Between Departments.--Funds authorized to be 
appropriated under this Act may be transferred between departments and 
agencies of the Government, if such funds are used for the purposes for 
which they are specifically authorized and appropriated.
    ``(d) Funds Transferred From Other Departments and Agencies.--In 
order to carry out the objectives of this Act, the Administrator may 
accept transfers of funds from other departments and agencies of the 
Federal Government if the funds are used for the purposes for which 
(and in accordance with the terms under which) the funds are 
specifically authorized and appropriated. Such transferred funds shall 
remain available until expended, and may be transferred to and merged 
with the appropriations under the heading `salaries and expenses' by 
the Administrator to the extent necessary to administer the program.

``SEC. 709. EMPLOYMENT OF EXPEDITERS AND ADMINISTRATIVE EMPLOYEES.

    ``No financial assistance shall be extended by the Administrator 
under this Act to any business enterprise unless the owners, partners, 
or officers of such business enterprise--
            ``(1) certify to the Administrator the names of any 
        attorneys, agents, and other persons engaged by or on behalf of 
        such business enterprise for the purpose of expediting 
        applications made to the Administrator for assistance of any 
        sort, under this Act, and the fees paid or to be paid to any 
        such person; and
            ``(2) execute an agreement binding such business 
        enterprise, for a period of 2 years after such assistance is 
        rendered by the Administrator to such business enterprise, to 
        refrain from employing, tendering any office or employment to, 
        or retaining for professional services, any person who, on the 
        date such assistance or any part thereof was rendered, or 
        within the 1-year period ending on such date, shall have served 
        as an officer, attorney, agent, or employee, occupying a 
        position or engaging in activities which the Administrator 
        determines involves discretion with respect to the granting of 
        assistance under this Act.

``SEC. 710. MAINTENANCE OF RECORDS OF APPROVED APPLICATIONS FOR 
              FINANCIAL ASSISTANCE; PUBLIC INSPECTION.

    ``(a) Maintenance of Record Required.--The Administrator shall 
maintain as a permanent part of the records of the Small Business 
Administration a list of applications approved for financial assistance 
under this Act, which shall be kept available for public inspection 
during the regular business hours of the Small Business Administration.
    ``(b) Posting to List.--The following information shall be posted 
in such list as soon as each application is approved:
            ``(1) The name of the applicant and, in the case of 
        corporate applications, the names of the officers and directors 
        thereof.
            ``(2) The amount and duration of the financial assistance 
        for which application is made.
            ``(3) The purposes for which the proceeds of the financial 
        assistance are to be used.

``SEC. 711. RECORDS AND AUDIT.

    ``(a) Recordkeeping and Disclosure Requirements.--Each recipient of 
assistance under this Act shall keep such records as the Administrator 
shall prescribe, including records which fully disclose the amount and 
the disposition by such recipient of the proceeds of such assistance, 
the total cost of the project or undertaking in connection with which 
such assistance is given or used, and the amount and nature of that 
portion of the cost of the project or undertaking supplied by other 
sources, and such other records as will facilitate an effective audit.
    ``(b) Access to Books for Examination and Audit.--The Administrator 
and the Comptroller General of the United States, or any of their duly 
authorized representatives, shall have access for the purpose of audit 
and examination to any books, documents, papers, and records of the 
recipient that are pertinent to assistance received under this Act.

``SEC. 712. PROHIBITION AGAINST A STATUTORY CONSTRUCTION WHICH MIGHT 
              CAUSE DIMINUTION IN OTHER FEDERAL ASSISTANCE.

    ``All financial and technical assistance authorized under this Act 
shall be in addition to any Federal assistance previously authorized, 
and no provision of this Act shall be construed as authorizing or 
permitting any reduction or diminution in the proportional amount of 
Federal assistance to which any State or other entity eligible under 
this Act would otherwise be entitled under the provisions of any other 
Act.

``SEC. 713. ACCEPTANCE OF APPLICANTS' CERTIFICATIONS.

    ``The Administrator may accept, when deemed appropriate, the 
applicants' certifications to meet the requirements of this Act.

                 ``TITLE VIII--FUNDING; EFFECTIVE DATE

``SEC. 801. AUTHORIZATION OF APPROPRIATIONS

    ``There is authorized to be appropriated to carry out this Act 
$340,000,000 per fiscal year for each of fiscal years 1996, 1997, 1998, 
1999, and 2000. Such sums shall remain available until expended.

``SEC. 802. EFFECTIVE DATE.

    ``The effective date specified in this section is the abolishment 
date specified in section 2101(c) of the Department of Commerce 
Dismantling Act.''.
    (b) Conforming Amendments to Title 5.--Section 5316 of title 5, 
United States Code, is amended--
            (1) by striking ``Associate Administrators of the Small 
        Business Administration (4)'' and inserting ``Associate 
        Administrators of the Small Business Administration (5)''; and
            (2) by striking ``Administrator for Economic 
        Development.''.
    (c) GAO Study.--On or before December 30, 1996, the Comptroller 
General shall submit to Congress a plan or plans for consolidating 
economic development programs throughout the Federal Government. The 
plan or plans shall focus on, but not be limited to, consolidating 
programs included in the Catalogue of Federal Domestic Assistance with 
similar purposes and target populations. The plan or plans shall detail 
how consolidation can lead to improved grant or program management, 
improvements in achieving program goals, and reduced costs.

SEC. 2202. TECHNOLOGY ADMINISTRATION.

    (a) Technology Administration.--
            (1) General rule.--Except as otherwise provided in this 
        section, the Technology Administration is terminated.
            (2) Office of technology policy.--The Office of Technology 
        Policy is terminated.
    (b) National Institute of Standards and Technology.--
            (1) Redesignation.--The National Institute of Standards and 
        Technology is hereby redesignated as the National Bureau of 
        Standards, and all references to the National Institute of 
        Standards and Technology in Federal law or regulations are 
        deemed to be references to the National Bureau of Standards.
            (2) General rule.--The National Bureau of Standards (in 
        this subsection referred to as the ``Bureau'') is transferred 
        to the National Scientific, Oceanic, and Atmospheric 
        Administration, established under section 2206.
            (3) Functions of director.--Except as otherwise provided in 
        this section or section 2207, upon the transfer under paragraph 
        (2), the Director of the Bureau shall perform all functions 
        relating to the Bureau that, immediately before the effective 
        date specified in section 2208(a), were functions of the 
        Secretary of Commerce or the Under Secretary of Commerce for 
        Technology.
    (c) National Technical Information Service.--
            (1) Privatization.--All functions of the National Technical 
        Information Service are transferred to the Director of Office 
        of Management and Budget for privatization in accordance with 
        section 2108 before the end of the 18-month period beginning on 
        the date of the enactment of this Act.
            (2) Transfer to national scientific, oceanic, and 
        atmospheric administration.--If an appropriate arrangement for 
        the privatization of functions of the National Technical 
        Information Service under paragraph (1) has not been made 
        before the end of the period described in that paragraph, the 
        National Technical Information Service shall be transferred as 
        of the end of such period to the National Scientific, Oceanic, 
        and Atmospheric Administration established by section 2206.
            (3) Government corporation.--If an appropriate arrangement 
        for the privatization of functions of the National Technical 
        Information Service under paragraph (1) has not been made 
        before the end of the period described in that paragraph, the 
        Director of the Office of Management and Budget shall, within 6 
        months after the end of such period, submit to Congress a 
        proposal for legislation to establish the National Technical 
        Information Service as a wholly owned Government corporation. 
        The proposal should provide for the corporation to perform 
        substantially the same functions that, as of the date of 
        enactment of this Act, are performed by the National Technical 
        Information Service.
            (4) Funding.--No funds are authorized to be appropriated 
        for the National Technical Information Service or any successor 
        corporation established pursuant to a proposal under paragraph 
        (3).
    (d) Amendments.--
            (1) National institute of standards and technology act.--
        The National Institute of Standards and Technology Act (15 
        U.S.C. 271 et seq.) is amended--
                    (A) in section 2(b), by striking paragraph (1) and 
                redesignating paragraphs (2) through (11) as paragraphs 
                (1) through (10), respectively;
                    (B) in section 2(d), by striking ``, including the 
                programs established under sections 25, 26, and 28 of 
                this Act'';
                    (C) in section 10, by striking ``Advanced'' in both 
                the section heading and subsection (a), and inserting 
                in lieu thereof ``Standards and''; and
                    (D) by striking sections 24, 25, 26, and 28.
            (2) Stevenson-wydler technology innovation act of 1980.--
        The Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3701 et seq.) is amended--
                    (A) in section 3, by striking paragraph (2) and 
                redesignating paragraphs (3) through (5) as paragraphs 
                (2) through (4), respectively;
                    (B) in section 4, by striking paragraphs (1), (4), 
                and (13) and redesignating paragraphs (2), (3), (5), 
                (6), (7), (8), (9), (10), (11), and (12) as paragraphs 
(1) through (10), respectively;
                    (C) by striking sections 5, 6, 7, 8, 9, and 10;
                    (D) in section 11--
                            (i) by striking ``, the Federal Laboratory 
                        Consortium for Technology Transfer,'' in 
                        subsection (c)(3);
                            (ii) by striking ``and the Federal 
                        Laboratory Consortium for Technology Transfer'' 
                        in subsection (d)(2);
                            (iii) by striking ``, and refer such 
                        requests'' and all that follows through 
                        ``available to the Service'' in subsection 
                        (d)(3); and
                            (iv) by striking subsection (e); and
                    (E) in section 17--
                            (i) by striking ``Subject to paragraph (2), 
                        separate'' in subsection (c)(1) and inserting 
                        in lieu thereof ``Separate'';
                            (ii) by striking paragraph (2) of 
                        subsection (c) and redesignating paragraph (3) 
                        as paragraph (2);
                            (iii) by striking ``funds to carry out'' in 
                        subsection (f), and inserting in lieu thereof 
                        ``funds only to pay the salary of the Director 
                        of the Office of Quality Programs, who shall be 
                        responsible for carrying out''; and
                            (iv) by adding at the end the following new 
                        subsection:
    ``(h) Voluntary and Uncompensated Services.--The Director of the 
Office of Quality Programs may accept voluntary and uncompensated 
services notwithstanding the provisions of section 1342 of title 31, 
United States Code.''.
            (3) Miscellaneous amendments.--Section 3 of Public Law 94-
        168 (15 U.S.C. 205b) is amended--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (C) in paragraph (3), as so redesignated by 
                subparagraph (B) of this paragraph, by striking ``in 
                nonbusiness activities''.

SEC. 2203. REORGANIZATION OF THE BUREAU OF THE CENSUS AND THE BUREAU OF 
              ECONOMIC ANALYSIS.

    (a) Transfer of Functions.--All functions of the Secretary of 
Commerce relating to the Bureau of the Census and the Bureau of 
Economic Analysis of the Department of Commerce are transferred to the 
Secretary of Labor.
    (b) Transfer of Bureaus.--The Bureau of the Census and Bureau of 
Economic Analysis of the Department of Commerce are transferred to the 
Department of Labor.
    (c) Consolidation With the Bureau of Labor Statistics.--The 
Secretary of Labor shall consolidate the Bureaus transferred under 
subsection (b) with the Bureau of Labor Statistics within the 
Department of Labor.
    (d) References to Secretary.--Section 1(2) of the title 13, United 
States Code, is amended by striking out ``Secretary of Commerce'' and 
inserting in lieu thereof ``Secretary of Labor''.
    (e) References to Department.--Section 2 of title 13, United States 
Code, is amended by striking out ``Department of Commerce'' and 
inserting in lieu thereof ``Department of Labor''.
    (f) General References to Secretary and Department.--The provisions 
of title 13, United States Code, are further amended--
            (1) by striking out ``Secretary of Commerce'' each place 
        such term appears and insert in lieu thereof ``Secretary of 
        Labor''; and
            (2) by striking out ``Department of Commerce'' each place 
        such term appears and inserting in lieu thereof ``Department of 
        Labor''.
    (g) Submission of Plan.--Within 180 days after the date of 
enactment of this Act, the President shall transmit to the Congress--
            (1) a determination of the feasibility and potential 
        savings resulting from the further consolidation of statistical 
        functions throughout the Government into a single agency; and
            (2) draft legislation under which the provisions of title 
        13, United States Code, relating to confidentiality (including 
        offenses and penalties) shall be applied after the 
        consolidation under subsection (c) has been effected.
    (h) Sense of the Congress.--It is the sense of the Congress that 
the Bureau of the Census or the agency established as a result of the 
consolidation under subsection (c) should--
            (1) make appropriate use of any authority afforded to it by 
        the Census Address List Improvement Act of 1994 (Public Law 
        103-430; 108 Stat. 4393), and take measures to ensure the 
        timely implementation of such Act; and
            (2) streamline census questionnaires to promote savings in 
        the collection and tabulation of data.

SEC. 2204. TERMINATED FUNCTIONS OF NTIA.

    (a) Repeals.--The following provisions of law are repealed:
            (1) Subpart A of part IV of title III of the Communications 
        Act of 1934 (47 U.S.C. 390 et seq.), relating to assistance for 
        public telecommunications facilities.
            (2) Subpart B of part IV of title III of the Communications 
        Act of 1934 (47 U.S.C. 394 et seq.), relating to the Endowment 
        for Children's Educational Television.
            (3) Subpart C of part IV of title III of the Communications 
        Act of 1934 (47 U.S.C. 395 et seq.), relating to 
        Telecommunications Demonstration grants.
    (b) Disposal of NTIA Laboratories.--
            (1) Privatization.--All laboratories of the National 
        Telecommunications and Information Administration are 
        transferred to the Director of the Office of Management and 
        Budget for privatization in accordance with section 2108 before 
        the end of the 18-month period beginning on the date of the 
        enactment of this Act.
            (2) Transfer to national scientific, oceanic, and 
        atmospheric administration.--If an appropriate arrangement for 
        the privatization of functions of the laboratories of the 
        National Telecommunications and Information Administration 
        under paragraph (1) has not been made before the end of the 
        period described in that paragraph, the laboratories of the 
        National Telecommunications and Information Administration 
        shall be transferred as of the end of such period to the 
        National Scientific, Oceanic, and Atmospheric Administration 
        established by section 2206.
            (3) Transfer of functions.--The functions of the National 
        Telecommunications and Information Administration concerning 
        research and analysis of the electromagnetic spectrum described 
        in section 5112(b) of the Omnibus Trade and Competitiveness Act 
        of 1988 (15 U.S.C. 1532) are transferred to the Director of the 
        National Bureau of Standards.
    (c) Transfer of National Telecommunications and Information 
Administration Functions.--
            (1) Transfer to ustr.--Except as provided in subsection 
        (b)(2), the functions of the National Telecommunications and 
        Information Administration, and of the Secretary of Commerce 
        and the Assistant Secretary for Communications and Information 
        of the Department of Commerce with respect to the National 
        Telecommunications and Information Administration, are 
        transferred to the United States Trade Representative. The 
        functions transferred by this paragraph shall be placed in an 
        organizational component that is independent from all USTR 
        functions directly related to the negotiation of trade 
        agreements. Such functions shall be supervised by an individual 
        whose principal professional expertise is in the area of 
        telecommunications. The position to which such individual is 
        appointed shall be graded at a level sufficiently high to 
        attract a highly qualified individual, while ensuring autonomy 
        in the conduct of such functions from all activities and 
        influences associated with trade negotiations.
            (2) References.--References in any provision of law 
        (including the National Telecommunications and Information 
        Administration Organization Act) to the Secretary of Commerce 
        or the Assistant Secretary for Communications and Information 
        of the Department of Commerce--
                    (A) with respect to a function vested pursuant to 
                this section in the United States Trade Representative 
                shall be deemed to refer to the United States Trade 
                Representative; and
                    (B) with respect to a function vested pursuant to 
                this section in the Director of the National Bureau of 
                Standards shall be deemed to refer to the Director of 
                the National Bureau of Standards.
            (3) Termination of ntia.--Effective on the abolishment date 
        specified in section 2101(c), the National Telecommunications 
        and Information Administration is abolished.

SEC. 2205. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) Termination of Miscellaneous Research Programs and Accounts.--
            (1) In general.--No funds may be appropriated in any fiscal 
        year for the following programs and accounts of the National 
        Scientific, Oceanic, and Atmospheric Administration:
                    (A) The National Undersea Research Program.
                    (B) The Fleet Modernization Program.
                    (C) The Charleston, South Carolina, Special 
                Management Plan.
                    (D) Chesapeake Bay Observation Buoys (as of 
                September 30, 1996).
                    (E) Federal/State Weather Modification Grants.
                    (F) The Southeast Storm Research Account.
                    (G) The Southeast United States Caribbean Fisheries 
                Oceanographic Coordinated Investigations Program.
                    (H) National Institute for Environmental Renewal.
                    (I) The Lake Champlain Study.
                    (J) The Maine Marine Research Center.
                    (K) The South Carolina Cooperative Geodetic Survey 
                Account.
                    (L) Pacific Island Technical Assistance.
                    (M) Sea Grant Oyster Disease Account.
                    (N) Sea Grant Zebra Mussel Account.
                    (O) VENTS program.
                    (P) National Weather Service non-Federal, non-
                wildfire Weather Service.
                    (Q) National Weather Service Regional Climate 
                Centers.
                    (R) National Weather Service Samoa Weather Forecast 
                Office Repair and Upgrade Account.
                    (S) Dissemination of Weather Charts (Marine 
                Facsimile Service).
                    (T) The Climate and Global Change Account.
                    (U) The Global Learning and Observations to Benefit 
                the Environment Program.
                    (V) Great Lakes nearshore research.
                    (W) Mussel watch.
            (2) Repeals.--The following provisions of law are repealed:
                    (A) The Ocean Thermal Conversion Act of 1980 (42 
                U.S.C. 9101 et seq.).
                    (B) Title IV of the Marine Protection, Research, 
                and Sanctuaries Act of 1972 (16 U.S.C. 1447 et seq.).
                    (C) Title V of the Marine Protection, Research, and 
                Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.).
                    (D) The Great Lakes Shoreline Mapping Act of 1987 
                (33 U.S.C. 883a note).
                    (E) The Great Lakes Fish and Wildlife Tissue Bank 
                Act (16 U.S.C. 943 et seq.).
                    (F) The Nonindigenous Aquatic Nuisance Prevention 
                and Control Act of 1990 (16 U.S.C. 4701 et seq.), 
                except for those provisions affecting the Assistant 
                Secretary of the Army (civil works) and the Secretary 
                of the department in which the Coast Guard is 
                operating.
                    (G) Section 3 of the Sea Grant Program Improvement 
                Act of 1976 (33 U.S.C. 1124a).
                    (H) Section 208(c) of the National Sea Grant 
                College Program Act (33 U.S.C. 1127(c)).
                    (I) Section 305 of the Coastal Zone Management Act 
                of 1972 (16 U.S.C. 1454) is repealed effective October 
                1, 1998.
                    (J) The NOAA Fleet Modernization Act (33 U.S.C. 891 
                et seq.).
                    (K) Public Law 85-342 (72 Stat. 35; 16 U.S.C. 778 
                et seq.), relating to fish research and 
                experimentation.
                    (L) The first section of the Act of August 8, 1956 
                (70 Stat. 1126; 16 U.S.C. 760d), relating to grants for 
                commercial fishing education.
                    (M) Public Law 86-359 (16 U.S.C. 760e et seq.), 
                relating to the study of migratory marine gamefish.
                    (N) The Act of August 15, 1914 (Chapter 253; 38 
                Stat. 692; 16 U.S.C. 781 et seq.), prohibiting the 
                taking of sponges in the Gulf of Mexico and the Straits 
                of Florida.
    (b) Aeronautical Mapping and Charting.--
            (1) In general.--The aeronautical mapping and charting 
        functions of the National Oceanic and Atmospheric 
        Administration are transferred to the Defense Mapping Agency.
            (2) Termination of certain functions.--The Defense Mapping 
        Agency shall terminate any functions transferred under 
        paragraph (1) that are performed by the private sector.
            (3) Functions requested by federal aviation 
        administration.--(A) Notwithstanding paragraph (2), the 
        Director of the Defense Mapping Agency shall carry out such 
        aeronautical charting functions as may be requested by the 
        Administrator of the Federal Aviation Administration.
            (B) In carrying out aeronautical mapping functions 
        requested by the Administrator under subparagraph (A), the 
        Director shall--
                    (i) publish and distribute to the public and to the 
                Administrator any aeronautical charts requested by the 
                Administrator; and
                    (ii) provide to the Administrator such other air 
                traffic control products and services as may be 
                requested by the Administrator,
        in such manner and including such information as the 
        Administrator determines is necessary for, or will promote, the 
        safe and efficient movement of aircraft in air commerce.
            (4) Continuing applicability.--The requirements of section 
        1307 of title 44, United States Code, shall continue to apply 
        with respect to all aeronautical products created or published 
        by the Director of the Defense Mapping Agency in carrying out 
        the functions transferred to the Director under this paragraph; 
        except that the prices for such products shall be established 
        jointly by the Director and the Secretary of Transportation on 
        an annual basis.
    (c) Transfer of Mapping, Charting, and Geodesy Functions to the 
United States Geological Survey.--
            (1) In general.--Except as provided in subsection (b), 
        there are hereby transferred to the Director of the United 
        States Geological Survey the functions relating to mapping, 
        charting, and geodesy authorized under the Act of August 7, 
        1947 (61 Stat. 787; 33 U.S.C. 883a).
            (2) Termination of certain functions.--The Director of the 
        United States Geological Survey shall terminate any functions 
        transferred under paragraph (1) that are performed by the 
        private sector.
    (d) NESDIS.--There are transferred to the National Scientific, 
Oceanic, and Atmospheric Administration all functions and assets of the 
National Oceanic and Atmospheric Administration that on the date 
immediately before the effective date of this section were authorized 
to be performed by the National Environmental Satellite, Data, and 
Information System.
    (e) OAR.--There are transferred to the National Scientific, 
Oceanic, and Atmospheric Administration all functions and assets of the 
National Oceanic and Atmospheric Administration (including global 
programs) that on the date immediately before the effective date of 
this section were authorized to be performed by the Office of Oceanic 
and Atmospheric Research.
    (f) NWS.--
            (1) In general.--There are transferred to the National 
        Scientific, Oceanic, and Atmospheric Administration all 
        functions and assets of the National Oceanic and Atmospheric 
        Administration that on the date immediately before the 
        effective date of this section were authorized to be performed 
        by the National Weather Service.
            (2) Duties.--To protect life and property and enhance the 
        national economy, the Administrator of Science, Oceans, and the 
        Atmosphere, through the National Weather Service, except as 
        outlined in paragraph (3), shall be responsible for the 
        following:
                    (A) Forecasts. The Administrator of Science, 
                Oceans, and the Atmosphere, through the National 
                Weather Service, shall serve as the sole official 
                source of severe weather warnings.
                    (B) Issuance of storm warnings.
                    (C) The collection, exchange, and distribution of 
                meteorological, hydrological, climatic, and 
                oceanographic data and information.
                    (D) The preparation of hydro-meteorological 
                guidance and core forecast information.
            (3) Limitations on competition.--The National Weather 
        Service may not compete, or assist other entities to compete, 
        with the private sector to provide a service when that service 
        is currently provided or can be provided by a commercial 
        enterprise unless--
                    (A) the Administrator of Science, Oceans, and the 
                Atmosphere finds that the private sector is unwilling 
                or unable to provide the service; or
                    (B) the Administrator of Science, Oceans, and the 
                Atmosphere finds that the service provides vital 
                weather warnings and forecasts for the protection of 
                lives and property of the general public.
            (4) Organic act amendments.--
                    (A) Amendments.--The Act of 1890 is amended--
                            (i) by striking section 3 (15 U.S.C. 313); 
                        and
                            (ii) in section 9 (15 U.S.C. 317), by 
                        striking ``Department of'' and all that follows 
                        thereafter and inserting ``National Scientific, 
                        Oceanic, and Atmospheric Administration.''.
                    (B) Definition.--For purposes of this paragraph, 
                the term ``Act of 1890'' means the Act entitled ``An 
                Act to increase the efficiency and reduce the expenses 
                of the Signal Corps of the Army, and to transfer the 
                Weather Bureau to the Department of Agriculture'', 
                approved October 1, 1890 (26 Stat. 653).
            (5) Repeal.--Sections 706 and 707 of the Weather Service 
        Modernization Act (15 U.S.C. 313 note) are repealed.
            (6) Conforming Amendments.--The Weather Service 
        Modernization Act (15 U.S.C. 313 note) is amended--
                    (A) in section 702, by striking paragraph (3) and 
                redesignating paragraphs (4) through (10) as paragraphs 
                (3) through (9), respectively; and
                    (B) in section 703--
                            (i) by striking ``(a) National 
                        Implementation Plan.--'';
                            (ii) by striking paragraph (3) and 
                        redesignating paragraphs (4), (5), and (6) as 
                        paragraphs (3), (4), and (5), respectively; and
                            (iii) by striking subsections (b) and (c).
    (g) Termination of the National Oceanic and Atmospheric 
Administration Corps of Commissioned Officers.--
            (1) Number of officers.--Notwithstanding section 8 of the 
        Act of June 3, 1948 (33 U.S.C. 853g), the total number of 
        commissioned officers on the active list of the National 
        Scientific, Oceanic, and Atmospheric Administration shall not 
        exceed--
                    (A) 358 as of September 30, 1996;
                    (B) 180 as of September 30, 1997; and
                    (C) 0 for any fiscal year beginning after September 
                30, 1998.
            (2) Separation pay.--(A) Commissioned officers may be 
        separated from the active list of the National Scientific, 
        Oceanic, and Atmospheric Administration. Any officer so 
        separated because of paragraph (1) shall, subject to 
        subparagraph (B) and the availability of appropriations, be 
        eligible for separation pay under section 9 of the Act of June 
        3, 1948 (33 U.S.C. 853h) to the same extent as if such officer 
        had been separated under section 8 of such Act (33 U.S.C. 
        853g).
            (B) Any officer who, under paragraph (4), transfers to 
        another of the uniformed services or becomes employed in a 
        civil service position shall not be eligible for separation pay 
        under this paragraph.
            (C)(i) Any officer who receives separation pay under this 
        paragraph shall be required to repay the amount received if, 
        within 1 year after the date of the separation on which the 
        payment is based, such officer is reemployed in a civil service 
        position in the National Scientific, Oceanic, and Atmospheric 
        Administration, the duties of which position would formerly 
        have been performed by a commissioned officer, as determined by 
        the Administrator of Science, Oceans, and the Atmosphere.
            (ii) A repayment under this subparagraph shall be made in a 
        lump sum or in such installments as the Administrator may 
        specify.
            (D) In the case of any officer who makes a repayment under 
        subparagraph (C)--
                    (i) the National Scientific, Oceanic, and 
                Atmospheric Administration shall pay into the Civil 
                Service Retirement and Disability Fund, on such 
                officer's behalf, any deposit required under section 
                8422(e)(1) of title 5, United States Code, with respect 
                to any prior service performed by that individual as 
                such an officer; and
                    (ii) if the amount paid under clause (i) is less 
                than the amount of the repayment under subparagraph 
                (C), the National Scientific, Oceanic, and Atmospheric 
                Administration shall pay into the Government Securities 
                Investment Fund (established under section 
                8438(b)(1)(A) of title 5, United States Code), on such 
                individual's behalf, an amount equal to the difference.
        The provisions of paragraph (5)(C)(iv) shall apply with respect 
        to any contribution to the Thrift Savings Plan made under 
        clause (ii).
            (3) Priority placement program.--A priority placement 
        program similar to the programs described in section 3329b of 
        title 5, United States Code, as amended by section 2109, shall 
        be established by the National Scientific, Oceanic, and 
        Atmospheric Administration to assist commissioned officers who 
        are separated from the active list of the National Scientific, 
        Oceanic, and Atmospheric Administration because of paragraph 
        (1).
            (4) Transfer.--(A) Subject to the approval of the Secretary 
        of Defense and under terms and conditions specified by the 
        Secretary, commissioned officers subject to paragraph (1) may 
        transfer to the Armed Forces under section 716 of title 10, 
        United States Code.
            (B) Subject to the approval of the Secretary of 
        Transportation and under terms and conditions specified by the 
        Secretary, commissioned officers subject to paragraph (1) may 
        transfer to the United States Coast Guard under section 716 of 
        title 10, United States Code.
            (C) Subject to the approval of the Administrator of 
        Science, Oceans, and the Atmosphere and under terms and 
        conditions specified by that Administrator, commissioned 
        officers subject to paragraph (1) may be employed by the 
        National Scientific, Oceanic, and Atmospheric Administration as 
        members of the civil service.
            (5) Retirement provisions.--(A) For commissioned officers 
        who transfer under paragraph (4)(A) to the Armed Forces, the 
        National Scientific, Oceanic, and Atmospheric Administration 
        shall pay into the Department of Defense Military Retirement 
        Fund an amount, to be calculated by the Secretary of Defense in 
        consultation with the Secretary of the Treasury, equal to the 
        actuarial present value of any retired or retainer pay they 
        will draw upon retirement, including full credit for service in 
        the NOAA Corps. Any payment under this subparagraph shall, for 
        purposes of paragraph (2) of section 2206(g), be considered to 
        be an expenditure described in such paragraph.
            (B) For commissioned officers who transfer under paragraph 
        (4)(B) to the United States Coast Guard, full credit for 
        service in the NOAA Corps shall be given for purposes of any 
        annuity or other similar benefit under the retirement system 
        for members of the United States Coast Guard, entitlement to 
        which is based on the separation of such officer.
            (C)(i) For a commissioned officer who becomes employed in a 
        civil service position pursuant to paragraph (4)(C) and 
        thereupon becomes subject to the Federal Employees' Retirement 
        System, the National Scientific, Oceanic, and Atmospheric 
        Administration shall pay, on such officer's behalf--
                    (I) into the Civil Service Retirement and 
                Disability Fund, the amounts required under clause 
                (ii); and
                    (II) into the Government Securities Investment 
                Fund, the amount required under clause (iii).
            (ii)(I) The amount required under this subclause is the 
        amount of any deposit required under section 8422(e)(1) of such 
        title 5 with respect to any prior service performed by the 
        individual as a commissioned officer of the National Oceanic 
        and Atmospheric Administration.
            (II) To determine the amount required under this subclause, 
        first determine, for each year of service with respect to which 
        the deposit under subclause (I) relates, the product of the 
        normal-cost percentage for such year (as determined under the 
        last sentence of this subclause) multiplied by basic pay 
        received by the individual for any such service performed in 
        such year. Second, take the sum of the amounts determined for 
        the respective years under the first sentence. Finally, 
        subtract from such sum the amount of the deposit under 
        subclause (I). For purposes of the first sentence, the normal-
        cost percentage for any year shall be as determined for such 
        year under the provisions of section 8423(a)(1) of title 5, 
        United States Code, except that, in the case of any year before 
        the first year for which any normal-cost percentage was 
        determined under such provisions, the normal-cost percentage 
        for such first year shall be used.
            (iii) The amount required under this clause is the amount 
        by which the separation pay to which the officer would have 
        been entitled under the second sentence of paragraph (2)(A) 
        (assuming the conditions for receiving such separation pay have 
        been met) exceeds the amount of the deposit under clause 
        (ii)(I), if at all.
            (iv)(I) Any contribution made under this subparagraph to 
        the Thrift Savings Plan shall not be subject to any otherwise 
        applicable limitation on contributions contained in the 
        Internal Revenue Code of 1986, and shall not be taken into 
        account in applying any such limitation to other contributions 
        or benefits under the Thrift Savings Plan, with respect to the 
        year in which the contribution is made.
            (II) Such plan shall not be treated as failing to meet any 
        nondiscrimination requirement by reason of the making of such 
        contribution.
            (6) Repeals.--(A) The following provisions of law are 
        repealed:
                    (i) The Coast and Geodetic Survey Commissioned 
                Officers' Act of 1948 (33 U.S.C. 853a-853o, 853p-853u).
                    (ii) The Act of February 16, 1929 (Chapter 221, 
                section 5; 45 Stat. 1187; 33 U.S.C. 852a).
                    (iii) The Act of January 19, 1942 (Chapter 6; 56 
                Stat. 6).
                    (iv) Section 9 of Public Law 87-649 (76 Stat. 495).
                    (v) The Act of May 22, 1917 (Chapter 20, section 
                16; 40 Stat. 87; 33 U.S.C. 854 et seq.).
                    (vi) The Act of December 3, 1942 (Chapter 670; 56 
                Stat. 1038.
                    (vii) Sections 1 through 5 of Public Law 91-621 (84 
                Stat. 1863; 33 U.S.C. 857-1 et seq.).
                    (viii) The Act of August 10, 1956 (Chapter 1041, 
                section 3; 70A Stat. 619; 33 U.S.C. 857a).
                    (ix) The Act of May 18, 1920 (Chapter 190, section 
                11; 41 Stat. 603; 33 U.S.C. 864).
                    (x) The Act of July 22, 1947 (Chapter 286; 61 Stat. 
                400; 33 U.S.C. 873, 874).
                    (xi) The Act of August 3, 1956 (Chapter 932; 70 
                Stat. 988; 33 U.S.C. 875, 876).
                    (xii) All other Acts inconsistent with this 
                subsection.
        No repeal under this subparagraph shall affect any annuity or 
        other similar benefit payable, under any provision of law so 
        repealed, based on the separation of any individual from the 
        NOAA Corps or its successor on or before September 30, 1998. 
        Any authority exercised by the Secretary of Commerce or his 
        designee with respect to any such benefits shall be exercised 
        by the Administrator of Science, Oceans, and the Atmosphere, 
        and any authorization of appropriations relating to those 
        benefits, which is in effect as of September 30, 1998, shall be 
        considered to have remained in effect.
            (B) The effective date of the repeals under subparagraph 
        (A) shall be October 1, 1998.
            (C)(i) All laws relating to the retirement of commissioned 
        officers of the Navy shall apply to commissioned officers of 
        the former Commissioned Officers Corps of the National Oceanic 
        and Atmospheric Administration and its predecessors.
            (ii) Active service of officers of the former Commissioned 
        Officers Corps of the National Oceanic and Atmospheric 
        Administration and its predecessors who have retired from the 
        Commissioned Officers Corps shall be deemed to be active 
        military service in the United States Navy for purposes of all 
        rights, privileges, immunities, and benefits provided to 
        retired commissioned officers of the Navy by the laws and 
        regulations of the United States and any agency thereof. In the 
        Administration of those laws and regulations with respect to 
        retired officers of the former Commissioned Officers Corps of 
        the National Oceanic and Atmospheric Administration and its 
        predecessors, the authority of the Secretary of the Navy shall 
        be exercised by the Administrator of Science, Oceans, and the 
        Atmosphere.
            (iii) For purposes of this subparagraph, the term ``its 
        predecessors'' means the former Commissioned Officers Corps of 
        the Environmental Science Services Administration and the 
        former Commissioned Officers Corps of the Coast and Geodetic 
        Survey.
            (7) Creditability of noaa service for purposes relating to 
        reductions in force.--A commissioned officer who is separated 
        from the active list of the National Oceanic and Atmospheric 
        Administration or its successor because of paragraph (1) shall, 
        for purposes of any subsequent reduction in force, receive 
        credit for any period of service performed as such an officer 
        before separation from such list to the same extent and in the 
        same manner as if it had been a period of active service in the 
        Armed Forces.
            (8) Abolition.--The Office of the National Oceanic and 
        Atmospheric Administration Corps of Operations or its successor 
        and the Commissioned Personnel Center are abolished effective 
        September 30, 1998.
    (h) NOAA Fleet.--
            (1) Service contracts.--Notwithstanding any other provision 
        of law and subject to the availability of appropriations, the 
        Administrator of Science, Oceans, and the Atmosphere shall 
        enter into contracts, including multiyear contracts, subject to 
        paragraph (3), for the use of vessels to conduct oceanographic 
        research and fisheries research, monitoring, enforcement, and 
        management, and to acquire other data necessary to carry out 
        the missions of the National Scientific, Oceanic, and 
        Atmospheric Administration. The Administrator of Science, 
        Oceans, and the Atmosphere shall enter into these contracts 
        unless--
                    (A) the cost of the contract is more than the cost 
                (including the cost of vessel operation, maintenance, 
                and all personnel) to the National Scientific, Oceanic, 
                and Atmospheric Administration of obtaining those 
                services on vessels of the National Scientific, 
                Oceanic, and Atmospheric Administration;
                    (B) the contract is for more than 7 years; or
                    (C) the data is acquired through a vessel agreement 
                pursuant to paragraph (4).
            (2) Vessels.--The Administrator of Science, Oceans, and the 
        Atmosphere may not enter into any contract for the 
        construction, lease-purchase, upgrade, or service life 
        extension of any vessel.
            (3) Multiyear contracts.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), and notwithstanding section 1341 of title 31, 
                United States Code, and section 11 of title 41, United 
                States Code, the Administrator of Science, Oceans, and 
                the Atmosphere may acquire data under multiyear 
                contracts.
                    (B) Required findings.--The Administrator of 
                Science, Oceans, and the Atmosphere may not enter into 
                a contract pursuant to this paragraph unless such 
                Administrator finds with respect to that contract that 
                there is a reasonable expectation that throughout the 
                contemplated contract period the Administrator will 
                request from Congress funding for the contract at the 
                level required to avoid contract termination.
                    (C) Required provisions.--The Administrator of 
                Science, Oceans, and the Atmosphere may not enter into 
                a contract pursuant to this paragraph unless the 
                contract includes--
                            (i) a provision under which the obligation 
                        of the United States to make payments under the 
                        contract for any fiscal year is subject to the 
                        availability of appropriations provided in 
                        advance for those payments;
                            (ii) a provision that specifies the term of 
                        effectiveness of the contract; and
                            (iii) appropriate provisions under which, 
                        in case of any termination of the contract 
                        before the end of the term specified pursuant 
                        to clause (ii), the United States shall only be 
                        liable for the lesser of--
                                    (I) an amount specified in the 
                                contract for such a termination; or
                                    (II) amounts that were appropriated 
                                before the date of the termination for 
                                the performance of the contract or for 
                                procurement of the type of acquisition 
                                covered by the contract and are 
                                unobligated on the date of the 
                                termination.
            (4) Vessel agreements.--The Administrator of Science, 
        Oceans, and the Atmosphere shall use excess capacity of 
        University National Oceanographic Laboratory System vessels 
        where appropriate and may enter into memoranda of agreement 
        with the operators of these vessels to carry out this 
        requirement.
            (5) Transfer of excess vessels.--The Administrator of 
        Science, Oceans, and the Atmosphere shall transfer any vessels 
        over 1,500 gross tons that are excess to the needs of the 
        National Scientific, Oceanic, and Atmospheric Administration to 
        the National Defense Reserve Fleet. Notwithstanding any other 
        provision of law, these vessels may be scrapped in accordance 
        with section 510(i) of the Merchant Marine Act, 1936 (46 App. 
        U.S.C. 1160(i)).
    (i) National Marine Fisheries Service.--(1) There are transferred 
to the National Scientific, Oceanic, and Atmospheric Administration all 
functions that on the day before the effective date of this section 
were authorized by law to be performed by the National Marine Fisheries 
Service.
    (2) Notwithstanding any other provision of law, the National Marine 
Fisheries Service may not affect on-land activities under the 
Endangered Species Act of 1973 for salmon recovery in the State of 
Idaho (16 U.S.C. 1531 et seq.).
    (j) National Ocean Service.--Except as otherwise provided in this 
title, there are transferred to the National Scientific, Oceanic, and 
Atmospheric Administration all functions and assets of the National 
Oceanic and Atmospheric Administration that on the date immediately 
before the effective date of this section were authorized to be 
performed by the National Ocean Service (including the Coastal Ocean 
Program).
    (k) Transfer of Coastal Nonpoint Pollution Control Functions.--
There are transferred to the Administrator of the Environmental 
Protection Agency the functions under section 6217 of the Omnibus 
Budget Reconciliation Act of 1990 (16 U.S.C. 1455b) that on the day 
before the effective date of this section were vested in the Secretary 
of Commerce.

SEC. 2206. NATIONAL SCIENTIFIC, OCEANIC, AND ATMOSPHERIC 
              ADMINISTRATION.

    (a) Establishment.--There is established as an independent agency 
in the Executive Branch the National Scientific, Oceanic, and 
Atmospheric Administration (in this section referred to as the 
``NSOAA''). The NSOAA, and all functions and offices transferred to it 
under this title, shall be administered under the supervision and 
direction of an Administrator of Science, Oceans, and the Atmosphere. 
The Administrator of Science, Oceans, and the Atmosphere shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and shall receive basic pay at the rate payable for level II of 
the Executive Schedule under section 5313 of title 5, United States 
Code. The Administrator of Science, Oceans, and the Atmosphere shall 
additionally perform the functions previously performed by the 
Administrator of the National Oceanic and Atmospheric Administration.
    (b) Principal Officer.--There shall be in the NSOAA, on the 
transfer of functions and offices under this title, a Director of the 
National Bureau of Standards, who shall be appointed by the President, 
by and with the advice and consent of the Senate, and who shall receive 
basic pay at the rate payable for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code.
    (c) Additional Officers.--There shall be in the NSOAA--
            (1) a Chief Financial Officer of the NSOAA, to be appointed 
        by the President, by and with the advice and consent of the 
        Senate;
            (2) a Chief of External Affairs, to be appointed by the 
        President, by and with the advice and consent of the Senate;
            (3) a General Counsel, to be appointed by the President, by 
        and with the advice and consent of the Senate; and
            (4) an Inspector General, to be appointed in accordance 
        with the Inspector General Act of 1978.
Each Officer appointed under this subsection shall receive basic pay at 
the rate payable for level IV of the Executive Schedule under section 
5315 of title 5, United States Code.
    (d) Transfer of Functions and Offices.--Except as otherwise 
provided in this title, there are transferred to the NSOAA--
            (1) the functions and offices of the National Oceanic and 
        Atmospheric Administration, as provided in section 2205;
            (2) the National Bureau of Standards, along with its 
        functions and offices, as provided in section 2202; and
            (3) the Office of Space Commerce, along with its functions 
        and offices.
    (e) Elimination of Positions.--The Administrator of Science, 
Oceans, and the Atmosphere may eliminate positions that are no longer 
necessary because of the termination of functions under this section, 
section 2202, and section 2205.
    (f) Agency Terminations.--
            (1) Terminations.--On the date specified in section 
        2208(a), the following shall terminate:
                    (A) The Office of the Deputy Administrator and 
                Assistant Secretary of the National Oceanic and 
                Atmospheric Administration.
                    (B) The Office of the Deputy Under Secretary of the 
                National Oceanic and Atmospheric Administration.
                    (C) The Office of the Chief Scientist of the 
                National Oceanic and Atmospheric Administration.
                    (D) The position of Deputy Assistant Secretary for 
                Oceans and Atmosphere.
                    (E) The position of Deputy Assistant Secretary for 
                International Affairs.
                    (F) Any office of the National Oceanic and 
                Atmospheric Administration or the National Bureau of 
                Standards whose primary purpose is to perform high 
                performance computing communications, legislative, 
                personnel, public relations, budget, constituent, 
                intergovernmental, international, policy and strategic 
                planning, sustainable development, administrative, 
                financial, educational, legal and coordination 
                functions. These functions shall, as necessary, be 
                performed only by officers described in subsection (c).
                    (G) The position of Associate Director of the 
                National Institute of Standards and Technology.
            (2) Termination of executive schedule positions.--Each 
        position which was expressly authorized by law, or the 
        incumbent of which was authorized to receive compensation at 
        the rate prescribed for levels I through V of the Executive 
        Schedule under sections 5312 through 5315 of title 5, United 
        States Code, in an office terminated pursuant to this section, 
        section 2202, and section 2205 shall also terminate.
    (g) Funding Reductions Resulting From Reorganization.--
            (1) Funding reductions.--Notwithstanding the transfer of 
        functions under this subtitle, the total amount obligated or 
        expended by the United States in performing all functions 
        vested in the National Scientific, Oceanic, and Atmospheric 
        Administration pursuant to this subtitle shall not exceed--
                    (A) for the first fiscal year that begins after the 
                abolishment date specified in section 2101(c), 75 
                percent of the total amount appropriated for fiscal 
                year 1995 for the performance of all functions vested 
                in the National Oceanic and Atmospheric Administration, 
                the National Institute of Standards and Technology, and 
                the Office of Space Commerce, except for those 
                functions transferred under section 2205 to agencies or 
                departments other than the National Scientific, 
                Oceanic, and Atmospheric Administration; and
                    (B) for the second fiscal year that begins after 
                the abolishment date specified in section 2101(c) and 
                for each fiscal year thereafter, 65 percent of the 
                total amount appropriated for fiscal year 1995 for the 
                performance of all functions vested in the National 
                Oceanic and Atmospheric Administration, the National 
                Institute of Standards and Technology, and the Office 
                of Space Commerce, except for those functions 
                transferred under section 22045 to agencies or 
                departments other than the National Scientific, 
                Oceanic, and Atmospheric Administration.
            (2) Exception.--Paragraph (1) shall not apply to 
        obligations or expenditures incurred as a direct consequence of 
        the termination, transfer, or other disposition of functions 
        described in paragraph (1) pursuant to this subtitle.
            (3) Rule of construction.--This subsection shall take 
        precedence over any other provision of law unless such 
        provision explicitly refers to this section and makes an 
        exception to it.
            (4) Responsibility of national scientific, oceanic, and 
        atmospheric administration.--The National Scientific, Oceanic, 
        and Atmospheric Administration, in consultation with the 
        Director of the Office of Management and Budget, shall make 
        such modifications in programs as are necessary to carry out 
        the reductions in appropriations set forth in subparagraphs (A) 
        and (B) of paragraph (1).
            (5) Responsibilities of the director of the office of 
        management and budget.--The Director of the Office of 
        Management and Budget shall include in each report under 
        sections 2105(a) and (b) a description of actions taken to 
        comply with the requirements of this subsection.

SEC. 2207. MISCELLANEOUS TERMINATIONS; MORATORIUM ON PROGRAM 
              ACTIVITIES.

    (a) Terminations.--The following agencies and programs of the 
Department of Commerce are terminated:
            (1) The Minority Business Development Administration.
            (2) The United States Travel and Tourism Administration.
            (3) The programs and activities of the National 
        Telecommunications and Information Administration referred to 
        in section 2204(a).
            (4) The Advanced Technology Program under section 28 of the 
        National Institute of Standards and Technology Act (15 U.S.C. 
        278n).
            (5) The Manufacturing Extension Programs under sections 25 
        and 26 of the National Institute of Standards and Technology 
        Act (15 U.S.C. 278k and 278l).
            (6) The National Institute of Standards and Technology 
        METRIC Program.
    (b) Moratorium on Program Activities.--The authority to make 
grants, enter into contracts, provide assistance, incur obligations, or 
provide commitments (including any enlargement of existing obligations 
or commitments, except if required by law) with respect to the agencies 
and programs described in subsection (a) is terminated effective on the 
date of the enactment of this title.

SEC. 2208. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this 
subtitle shall take effect on the abolishment date specified in section 
2101(c).
    (b) Provisions Effective on Date of Enactment.--The following 
provisions of this subtitle shall take effect on the date of the 
enactment of this Act:
            (1) Section 2201.
            (2) Section 2205(g), except as otherwise provided in that 
        section.
            (3) Section 2207(b).
            (4) This section.

        Subtitle C--Office of United States Trade Representative

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 2301. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``Office'' means the Office of the United 
        States Trade Representative;
            (2) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code; and
            (3) the term ``USTR'' means the United States Trade 
        Representative as provided for under section 2311.

        CHAPTER 2--OFFICE OF UNITED STATES TRADE REPRESENTATIVE

                      Subchapter A--Establishment

SEC. 2311. ESTABLISHMENT OF THE OFFICE.

    (a) In General.--The Office of the United States Trade 
Representative is established as an independent establishment in the 
executive branch of Government as defined under section 104 of title 5, 
United States Code. The United States Trade Representative shall be the 
head of the Office and shall be appointed by the President, by and with 
the advice and consent of the Senate.
    (b) Ambassador Status.--The USTR shall have the rank and status of 
Ambassador and shall represent the United States in all trade 
negotiations conducted by the Office.
    (c) Continued Service of Current USTR.--The individual serving as 
United States Trade Representative on the date immediately preceding 
the effective date of this subtitle may continue to serve as USTR under 
subsection (a).
    (d) Successor to the Department of Commerce.--The Office shall be 
the successor to the Department of Commerce for purposes of protocol.

SEC. 2312. FUNCTIONS OF THE USTR.

    (a) In General.--In addition to the functions transferred to the 
USTR by this subtitle, such other functions as the President may assign 
or delegate to the USTR, and such other functions as the USTR may, 
after the effective date of this subtitle, be required to carry out by 
law, the USTR shall--
            (1) serve as the principal advisor to the President on 
        international trade policy and advise the President on the 
        impact of other policies of the United States Government on 
        international trade;
            (2) exercise primary responsibility, with the advice of the 
        interagency organization established under section 242 of the 
        Trade Expansion Act of 1962, for developing and implementing 
        international trade policy, including commodity matters and, to 
        the extent related to international trade policy, direct 
        investment matters and, in exercising such responsibility, 
        advance and implement, as the primary mandate of the Office, 
        the goals of the United States to--
                    (A) maintain United States leadership in 
                international trade liberalization and expansion 
                efforts;
                    (B) reinvigorate the ability of the United States 
                economy to compete in international markets and to 
                respond flexibly to changes in international 
                competition; and
                    (C) expand United States participation in 
                international trade through aggressive promotion and 
                marketing of goods and services that are products of 
                the United States;
            (3) exercise lead responsibility for the conduct of 
        international trade negotiations, including negotiations 
        relating to commodity matters and, to the extent that such 
        negotiations are related to international trade, direct 
        investment negotiations;
            (4) exercise lead responsibility for the establishment of a 
        national export strategy, including policies designed to 
        implement such strategy;
            (5) with the advice of the interagency organization 
        established under section 242 of the Trade Expansion Act of 
        1962, issue policy guidance to other Federal agencies on 
        international trade, commodity, and direct investment functions 
        to the extent necessary to assure the coordination of 
        international trade policy;
            (6) seek and promote new opportunities for United States 
        products and services to compete in the world marketplace;
            (7) assist small businesses in developing export markets;
            (8) enforce the laws of the United States relating to 
        trade;
            (9) analyze economic trends and developments;
            (10) report directly to the Congress--
                    (A) on the administration of, and matters 
                pertaining to, the trade agreements program under the 
                Omnibus Trade and Competitiveness Act of 1988, the 
                Trade Act of 1974, the Trade Expansion Act of 1962, 
                section 350 of the Tariff Act of 1930, and any other 
                provision of law enacted after this Act; and
                    (B) with respect to other important issues 
                pertaining to international trade;
            (11) keep each official adviser to the United States 
        delegations to international conferences, meetings, and 
        negotiation sessions relating to trade agreements who is 
        appointed from the Committee on Finance of the Senate or the 
        Committee on Ways and Means of the House of Representatives 
        under section 161 of the Trade Act of 1974 currently informed 
        on United States negotiating objectives with respect to trade 
        agreements, the status of negotiations in progress with respect 
        to such agreements, and the nature of any changes in domestic 
        law or the administration thereof which the USTR may recommend 
        to the Congress to carry out any trade agreement;
            (12) consult and cooperate with State and local governments 
        and other interested parties on international trade matters of 
        interest to such governments and parties, and to the extent 
        related to international trade matters, on investment matters, 
        and, when appropriate, hold informal public hearings;
            (13) serve as the principal advisor to the President on 
        Government policies designed to contribute to enhancing the 
        ability of United States industry and services to compete in 
        international markets;
            (14) develop recommendations for national strategies and 
        specific policies intended to enhance the productivity and 
        international competitiveness of United States industries;
            (15) serve as the principal advisor to the President in 
        identifying and assessing the consequences of any Government 
        policies that adversely affect, or have the potential to 
        adversely affect, the international competitiveness of United 
        States industries and services;
            (16) promote cooperation between business, labor, and 
        Government to improve industrial performance and the ability of 
        United States industries to compete in international markets 
        and to facilitate consultation and communication between the 
        Government and the private sector about domestic industrial 
        performance and prospects and the performance and prospects of 
        foreign competitors; and
            (17) monitor and enforce foreign government compliance with 
        international trade agreements to protect United States 
        interests.
    (b) Interagency Organization.--The USTR shall be the chairperson of 
the interagency organization established under section 242 of the Trade 
Expansion Act of 1962.
    (c) National Security Council.--The USTR shall be a member of the 
National Security Council.
    (d) Advisory Council.--The USTR shall be Deputy Chairman of the 
National Advisory Council on International Monetary and Financial 
Policies established under Executive Order 11269, issued February 14, 
1966.
    (e) Agriculture.--(1) The USTR shall consult with the Secretary of 
Agriculture or the designee of the Secretary of Agriculture on all 
matters that potentially involve international trade in agricultural 
products.
    (2) If an international meeting for negotiation or consultation 
includes discussion of international trade in agricultural products, 
the USTR or the designee of the USTR shall be Chairman of the United 
States delegation to such meeting and the Secretary of Agriculture or 
the designee of such Secretary shall be Vice Chairman. The provisions 
of this paragraph shall not limit the authority of the USTR under 
subsection (h) to assign to the Secretary of Agriculture responsibility 
for the conduct of, or participation in, any trade negotiation or 
meeting.
    (f) Trade Promotion.--The USTR shall be the chairperson of the 
Trade Promotion Coordinating Committee.
    (g) National Economic Council.--The USTR shall be a member of the 
National Economic Council established under Executive Order No. 12835, 
issued January 25, 1993.
    (h) International Trade Negotiations.--Except where expressly 
prohibited by law, the USTR, at the request or with the concurrence of 
the head of any other Federal agency, may assign the responsibility for 
conducting or participating in any specific international trade 
negotiation or meeting to the head of such agency whenever the USTR 
determines that the subject matter of such international trade 
negotiation is related to the functions carried out by such agency.

                         Subchapter B--Officers

SEC. 2321. DEPUTY ADMINISTRATOR OF THE OFFICE.

    (a) Establishment.--There shall be in the Office the Deputy 
Administrator of the Office of the United States Trade Representative, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate.
    (b) Absence, Disability, or Vacancy of USTR.--The Deputy 
Administrator of the Office of the United States Trade Representative 
shall act for and exercise the functions of the USTR during the absence 
or disability of the USTR or in the event the office of the USTR 
becomes vacant. The Deputy Administrator shall act for and exercise the 
functions of the USTR until the absence or disability of the USTR no 
longer exists or a successor to the USTR has been appointed by the 
President and confirmed by the Senate.
    (c) Functions of Deputy Administrator.--The Deputy Administrator of 
the Office of the United States Trade Representative shall exercise all 
functions, under the direction of the USTR, transferred to or 
established in the Office, except those functions exercised by the 
Deputy United States Trade Representatives, the Director General for 
Export Promotion, the Inspector General, and the General Counsel of the 
Office, as provided by this subtitle.

SEC. 2322. DEPUTY UNITED STATES TRADE REPRESENTATIVES.

    (a) Establishment.--There shall be in the Office 2 Deputy United 
States Trade Representatives, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Deputy United 
States Trade Representatives shall exercise all functions under the 
direction of the USTR, and shall include--
            (1) the Deputy United States Trade Representative for 
        Negotiations; and
            (2) the Deputy United States Trade Representative to the 
        World Trade Organization.
    (b) Functions of Deputy United States Trade Representatives.--(1) 
The Deputy United States Trade Representative for Negotiations shall 
exercise all functions transferred under section 2331 and shall have 
the rank and status of Ambassador.
    (2) The Deputy United States Trade Representative to the World 
Trade Organization shall exercise all functions relating to 
representation to the World Trade Organization and shall have the rank 
and status of Ambassador.

SEC. 2323. ASSISTANT ADMINISTRATORS.

    (a) Establishment.--There shall be in the Office 3 Assistant 
Administrators, who shall be appointed by the President, by and with 
the advice and consent of the Senate. The Assistant Administrators 
shall exercise all functions under the direction of the Deputy 
Administrator of the Office of the United States Trade Representative 
and include--
            (1) the Assistant Administrator for Export Administration;
            (2) the Assistant Administrator for Import Administration; 
        and
            (3) the Assistant Administrator for Trade and Policy 
        Analysis.
    (b) Functions of Assistant Administrators.--(1) The Assistant 
Administrator for Export Administration shall exercise all functions 
transferred under section 2332(1)(C).
    (2) The Assistant Administrator for Import Administration shall 
exercise all functions transferred under section 2332(1)(D).
    (3) The Assistant Administrator for Trade and Policy Analysis shall 
exercise all functions transferred under section 2332(1)(B) and all 
functions transferred under section 2332(2).

SEC. 2324. DIRECTOR GENERAL FOR EXPORT PROMOTION.

    (a) Establishment.--There shall be a Director General for Export 
Promotion, who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (b) Functions.--The Director General for Export Promotion shall 
exercise, under the direction of the USTR, all functions transferred 
under sections 2332(1)(A) (relating to functions of the United States 
and Foreign Commercial Service) and 2333 and shall have the rank and 
status of Ambassador.

SEC. 2325. GENERAL COUNSEL.

    There shall be in the Office a General Counsel, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate. The General Counsel shall provide legal assistance to the USTR 
concerning the activities, programs, and policies of the Office.

SEC. 2326. INSPECTOR GENERAL.

    There shall be in the Office an Inspector General who shall be 
appointed in accordance with the Inspector General Act of 1978, as 
amended by section 2371(b) of this Act.

SEC. 2327. CHIEF FINANCIAL OFFICER.

    There shall be in the Office a Chief Financial Officer who shall be 
appointed in accordance with section 901 of title 31, United States 
Code, as amended by section 2371(e) of this Act. The Chief Financial 
Officer shall perform all functions prescribed by the Deputy 
Administrator of the Office of the United States Trade Representative, 
under the direction of the Deputy Administrator.

                 Subchapter C--Transfers to the Office

SEC. 2331. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

    There are transferred to the USTR all functions of the United 
States Trade Representative and the Office of the United States Trade 
Representative in the Executive Office of the President and all 
functions of any officer or employee of such Office.

SEC. 2332. TRANSFERS FROM THE DEPARTMENT OF COMMERCE.

    There are transferred to the USTR the following functions:
            (1) All functions of, and all functions performed under the 
        direction of, the following officers and employees of the 
        Department of Commerce:
                    (A) The Under Secretary of Commerce for 
                International Trade, and the Director General of the 
                United States and Foreign Commercial Service, relating 
                to all functions exercised by the Service.
                    (B) The Assistant Secretary of Commerce for 
                International Economic Policy and the Assistant 
                Secretary of Commerce for Trade Development.
                    (C) The Under Secretary of Commerce for Export 
                Administration.
                    (D) The Assistant Secretary of Commerce for Import 
                Administration.
            (2) All functions of the Secretary of Commerce relating to 
        the National Trade Data Bank.
            (3) All functions of the Secretary of Commerce under the 
        Tariff Act of 1930, the Uruguay Round Agreements Act, the Trade 
        Act of 1974, and other trade-related Acts for which 
        responsibility is not otherwise assigned under this subtitle.

SEC. 2333. TRADE AND DEVELOPMENT AGENCY.

    There are transferred to the Director General for Export Promotion 
all functions of the Director of the Trade and Development Agency. 
There are transferred to the Office of the Director General for Export 
Promotion all functions of the Trade and Development Agency.

SEC. 2334. EXPORT-IMPORT BANK.

    (a) In General.--(1) There are transferred to the USTR all 
functions of the Secretary of Commerce relating to the Export-Import 
Bank of the United States.
    (2) Section 3(c)(1) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635a(c)(1)) is amended to read as follows:
    ``(c)(1) There shall be a Board of Directors of the Bank consisting 
of the United States Trade Representative (who shall serve as 
Chairman), the President of the Export-Import Bank of the United States 
(who shall serve as Vice Chairman), the first Vice President, and 2 
additional persons appointed by the President of the United States, by 
and with the advice and consent of the Senate.''.
    (b) Ex Officio Member of Export-Import Bank Board of Directors.--
The Director General for Export Promotion shall serve as an ex officio 
nonvoting member of the Board of Directors of the Export-Import Bank.
    (c) Amendments to Related Banking and Trade Acts.--Section 2301(h) 
of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
4721(h)) is amended to read as follows:
    ``(h) Assistance to Export-Import Bank.--The Commercial Service 
shall provide such services as the Director General for Export 
Promotion of the Office of the United States Trade Representative 
determines necessary to assist the Export-Import Bank of the United 
States to carry out the lending, loan guarantee, insurance, and other 
activities of the Bank.''.

SEC. 2335. OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Board of Directors.--The second and third sentences of section 
233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) are 
amended to read as follows: ``The United States Trade Representative 
shall be the Chairman of the Board. The Administrator of the Agency for 
International Development (who shall serve as Vice Chairman) shall 
serve on the Board.''.
    (b) Ex Officio Member of Overseas Private Investment Corporation 
Board of Directors.--The Director General for Export Promotion shall 
serve as an ex officio nonvoting member of the Board of Directors of 
the Overseas Private Investment Corporation.

SEC. 2336. CONSOLIDATION OF EXPORT PROMOTION AND FINANCING ACTIVITIES.

    (a) Submission of Plan.--Within 180 days after the date of the 
enactment of this Act, the President shall transmit to the Congress a 
comprehensive plan to consolidate Federal nonagricultural export 
promotion activities and export financing activities and to transfer 
those functions to the Office. The plan shall provide for--
            (1) the elimination of the overlap and duplication among 
        all Federal nonagricultural export promotion activities and 
        export financing activities;
            (2) a unified budget for Federal nonagricultural export 
        promotion activities which eliminates funding for the areas of 
        overlap and duplication identified under paragraph (1); and
            (3) a long-term agenda for developing better cooperation 
        between local, State and Federal programs and activities 
        designed to stimulate or assist United States businesses in 
        exporting nonagricultural goods or services that are products 
        of the United States, including sharing of facilities, costs, 
        and export market research data.
    (b) Plan Elements.--The plan under subsection (a) shall--
            (1) place all Federal nonagricultural export promotion 
        activities and export financing activities within the Office;
            (2) provide clear authority for the USTR to use the 
        expertise and assistance of other United States Government 
        agencies;
            (3) achieve an overall 25 percent reduction in the amount 
        of funding for all Federal nonagricultural export promotion 
        activities within 2 years after the enactment of this Act;
            (4) include any functions of the Department of Commerce not 
        transferred by this subtitle, or of other Federal departments 
        the transfer of which to the Office would be necessary to the 
        competitiveness of the United States in international trade; 
        and
            (5) assess the feasibility and potential savings resulting 
        from--
                    (A) the consolidation of the Export-Import Bank of 
                the United States and the Overseas Private Investment 
                Corporation;
                    (B) the consolidation of the Boards of Directors of 
                the Export-Import Bank and the Overseas Private 
                Investment Corporation; and
                    (C) the consolidation of the Trade and Development 
                Agency with the consolidations under subparagraphs (A) 
                and (B).
    (c) Definition.--As used in this section, the term ``Federal 
nonagricultural export promotion activities'' means all programs or 
activities of any department or agency of the Federal Government 
(including, but not limited to, departments and agencies with 
representatives on the Trade Promotion Coordinating Committee 
established under section 2312 of the Export Enhancement Act of 1988 
(15 U.S.C. 4727)) that are designed to stimulate or assist United 
States businesses in exporting nonagricultural goods or services that 
are products of the United States, including trade missions.

SEC. 2337. ADDITIONAL TRADE FUNCTIONS.

    (a) Termination of Authorizations of Appropriations.--
            (1) NAFTA secretariat.--Section 105(b) of the North 
        American Free Trade Agreement Implementation Act (19 U.S.C. 
        3315(b)) is amended by striking ``each fiscal year after fiscal 
        year 1993'' and inserting ``each of fiscal years 1994 and 
        1995''.
            (2) Border environment cooperation commission.--Section 
        533(a)(2) of the North American Free Trade Agreement 
        Implementation Act (19 U.S.C. 3473(a)(2)) is amended by 
        striking ``and each fiscal year thereafter'' and inserting 
        ``fiscal year 1995''.
    (b) Functions Related to Textile Agreements.--
            (1) Functions of cita.--(A) Subject to subparagraph (B), 
        those functions delegated to the Committee for the 
        Implementation of Textile Agreements established under 
        Executive Order 11651 (7 U.S.C. 1854 note) (hereafter in this 
        subsection referred to as ``CITA'') are transferred to the 
        USTR.
            (B) Those functions delegated to CITA that relate to the 
        assessment of the impact of textile imports on domestic 
        industry are transferred to the International Trade Commission. 
        The International Trade Commission shall make a determination 
        pursuant to the preceding sentence within 60 days after 
        receiving a complaint or request for an investigation.
            (2) Abolition of cita.--CITA is abolished.

                Subchapter D--Administrative Provisions

SEC. 2341. PERSONNEL PROVISIONS.

    (a) Appointments.--The USTR may appoint and fix the compensation of 
such officers and employees, including investigators, attorneys, and 
administrative law judges, as may be necessary to carry out the 
functions of the USTR and the Office. Except as otherwise provided by 
law, such officers and employees shall be appointed in accordance with 
the civil service laws and their compensation fixed in accordance with 
title 5, United States Code.
    (b) Positions Above GS-15.--(1) At the request of the USTR, the 
Director of the Office of Personnel Management shall, under section 
5108 of title 5, United States Code, provide for the establishment in a 
grade level above GS-15 of the General Service, and in the Senior 
Executive Service, of a number of positions in the Office equal to the 
number of positions in that grade level which were used primarily for 
the performance of functions and offices transferred by this subtitle 
and which were assigned and filled on the day before the effective date 
of this subtitle.
    (2) Appointments to positions provided for under this subsection 
may be made without regard to the provisions of section 3324 of title 
5, United States Code, if the individual appointed in such position is 
an individual who is transferred in connection with the transfer of 
functions and offices under this subtitle and, on the day before the 
effective date of this subtitle, holds a position and has duties 
comparable to those of the position to which appointed under this 
subsection.
    (3) The authority under this subsection with respect to any 
position established at a grade level above GS-15 shall terminate when 
the person first appointed to fill such position ceases to hold such 
position.
    (4) For purposes of section 414(a)(3)(A) of the Civil Service 
Reform Act of 1978, an individual appointed under this subsection shall 
be deemed to occupy the same position as the individual occupied on the 
day before the effective date of this subtitle.
    (c) Experts and Consultants.--The USTR may obtain the services of 
experts and consultants in accordance with section 3109 of title 5, 
United States Code, and compensate such experts and consultants for 
each day (including traveltime) at rates not in excess of the maximum 
rate of pay for a position above GS-15 of the General Schedule under 
section 5332 of such title. The USTR may pay experts and consultants 
who are serving away from their homes or regular place of business 
travel expenses and per diem in lieu of subsistence at rates authorized 
by sections 5702 and 5703 of such title for persons in Government 
service employed intermittently.
    (d) Voluntary Services.--(1)(A) The USTR is authorized to accept 
voluntary and uncompensated services without regard to the provisions 
of section 1342 of title 31, United States Code, if such services will 
not be used to displace Federal employees employed on a full-time, 
part-time, or seasonal basis.
    (B) The USTR is authorized to accept volunteer service in 
accordance with the provisions of section 3111 of title 5, United 
States Code.
    (2) The USTR is authorized to provide for incidental expenses, 
including but not limited to transportation, lodging, and subsistence 
for individuals who provide voluntary services under subparagraph (A) 
or (B) of paragraph (1).
    (3) An individual who provides voluntary services under paragraph 
(1)(A) shall not be considered a Federal employee for any purpose other 
than for purposes of chapter 81 of title 5, United States Code, 
relating to compensation for work injuries, and chapter 171 of title 
28, United States Code, relating to tort claims.
    (e) Foreign Service Positions.--In order to assure United States 
representation in trade matters at a level commensurate with the level 
of representation maintained by industrial nations which are major 
trade competitors of the United States, the Secretary of State shall 
classify certain positions at Foreign Service posts as commercial 
minister positions and shall assign members of the Foreign Service 
performing functions of the Office, with the concurrence of the USTR, 
to such positions in nations which are major trade competitors of the 
United States. The Secretary of State shall obtain and use the 
recommendations of the USTR with respect to the number of positions to 
be so classified under this subsection.

SEC. 2342. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise 
provided by this subtitle, the USTR may delegate any of the functions 
transferred to the USTR by this subtitle and any function transferred 
or granted to the USTR after the effective date of this subtitle to 
such officers and employees of the Office as the USTR may designate, 
and may authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions by the USTR under 
this section or under any other provision of this subtitle shall 
relieve the USTR of responsibility for the administration of such 
functions.

SEC. 2343. SUCCESSION.

    (a) Order of Succession.--Subject to the authority of the 
President, and except as provided in section 2321(b), the USTR shall 
prescribe the order by which officers of the Office who are appointed 
by the President, by and with the advice and consent of the Senate, 
shall act for, and perform the functions of, the USTR or any other 
officer of the Office appointed by the President, by and with the 
advice and consent of the Senate, during the absence or disability of 
the USTR or such other officer, or in the event of a vacancy in the 
office of the USTR or such other officer.
    (b) Continuation.--Notwithstanding any other provision of law, and 
unless the President directs otherwise, an individual acting for the 
USTR or another officer of the Office pursuant to subsection (a) shall 
continue to serve in that capacity until the absence or disability of 
the USTR or such other officer no longer exists or a successor to the 
USTR or such other officer has been appointed by the President and 
confirmed by the Senate.

SEC. 2344. REORGANIZATION.

    (a) In General.--Subject to subsection (b), the USTR is authorized 
to allocate or reallocate functions among the officers of the Office, 
and to establish, consolidate, alter, or discontinue such 
organizational entities in the Office as may be necessary or 
appropriate.
    (b) Exception.--The USTR may not exercise the authority under 
subsection (a) to establish, consolidate, alter, or discontinue any 
organizational entity in the Office or allocate or reallocate any 
function of an officer or employee of the Office that is inconsistent 
with any specific provision of this subtitle.

SEC. 2345. RULES.

    The USTR is authorized to prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States Code, such 
rules and regulations as the USTR determines necessary or appropriate 
to administer and manage the functions of the USTR or the Office.

SEC. 2346. FUNDS TRANSFER.

    The USTR may, when authorized in an appropriation Act in any fiscal 
year, transfer funds from one appropriation to another within the 
Office, except that no appropriation for any fiscal year shall be 
either increased or decreased by more than 10 percent and no such 
transfer shall result in increasing any such appropriation above the 
amount authorized to be appropriated therefor.

SEC. 2347. CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS.

    (a) In General.--Subject to the provisions of the Federal Property 
and Administrative Services Act of 1949, the USTR may make, enter into, 
and perform such contracts, leases, cooperative agreements, grants, or 
other similar transactions with public agencies, private organizations, 
and persons, and make payments (in lump sum or installments, and by way 
of advance or reimbursement, and, in the case of any grant, with 
necessary adjustments on account of overpayments and underpayments) as 
the USTR considers necessary or appropriate to carry out the functions 
of the USTR or the Office.
    (b) Exception.--Notwithstanding any other provision of this 
subtitle, the authority to enter into contracts or to make payments 
under this subchapter shall be effective only to such extent or in such 
amounts as are provided in advance in appropriation Acts. This 
subsection does not apply with respect to the authority granted under 
section 2349.

SEC. 2348. USE OF FACILITIES.

    (a) Use by USTR.--With their consent, the USTR, with or without 
reimbursement, may use the research, services, equipment, and 
facilities of--
            (1) an individual,
            (2) any public or private nonprofit agency or organization, 
        including any agency or instrumentality of the United States or 
        of any State, the District of Columbia, the Commonwealth of 
        Puerto Rico, or any territory or possession of the United 
        States,
            (3) any political subdivision of any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, or any territory or 
        possession of the United States, or
            (4) any foreign government,
in carrying out any function of the USTR or the Office.
    (b) Use of USTR Facilities.--The USTR, under terms, at rates, and 
for periods that the USTR considers to be in the public interest, may 
permit the use by public and private agencies, corporations, 
associations or other organizations, or individuals, of any real 
property, or any facility, structure or other improvement thereon, 
under the custody of the USTR. The USTR may require permittees under 
this section to maintain or recondition, at their own expense, the real 
property, facilities, structures, and improvements used by such 
permittees.

SEC. 2349. GIFTS AND BEQUESTS.

    (a) In General.--The USTR is authorized to accept, hold, 
administer, and utilize gifts and bequests of property, both real and 
personal, for the purpose of aiding or facilitating the work of the 
Office. Gifts and bequests of money and the proceeds from sales of 
other property received as gifts or bequests shall be deposited in the 
United States Treasury in a separate fund and shall be disbursed on 
order of the USTR. Property accepted pursuant to this subsection, and 
the proceeds thereof, shall be used as nearly as possible in accordance 
with the terms of the gift or bequest.
    (b) Tax Treatment.--For the purpose of Federal income, estate, and 
gift taxes, and State taxes, property accepted under subsection (a) 
shall be considered a gift or bequest to or for the use of the United 
States.
    (c) Investment.--Upon the request of the USTR, the Secretary of the 
Treasury may invest and reinvest in securities of the United States or 
in securities guaranteed as to principal and interest by the United 
States any moneys contained in the fund provided for in subsection (a). 
Income accruing from such securities, and from any other property held 
by the USTR pursuant to subsection (a), shall be deposited to the 
credit of the fund, and shall be disbursed upon order of the USTR.

SEC. 2350. WORKING CAPITAL FUND.

    (a) Establishment.--The USTR is authorized to establish for the 
Office a working capital fund, to be available without fiscal year 
limitation, for expenses necessary for the maintenance and operation of 
such common administrative services as the USTR shall find to be 
desirable in the interest of economy and efficiency, including--
            (1) a central supply service for stationery and other 
        supplies and equipment for which adequate stocks may be 
        maintained to meet in whole or in part the requirements of the 
        Office and its components;
            (2) central messenger, mail, and telephone service and 
        other communications services;
            (3) office space and central services for document 
        reproduction and for graphics and visual aids;
            (4) a central library service; and
            (5) such other services as may be approved by the Director 
        of the Office of Management and Budget.
    (b) Operation of Fund.--The capital of the fund shall consist of 
any appropriations made for the purpose of providing working capital 
and the fair and reasonable value of such stocks of supplies, 
equipment, and other assets and inventories on order as the USTR may 
transfer to the fund, less the related liabilities and unpaid 
obligations. The fund shall be reimbursed in advance from available 
funds of agencies and offices in the Office, or from other sources, for 
supplies and services at rates which will approximate the expense of 
operation, including the accrual of annual leave and the depreciation 
of equipment. The fund shall also be credited with receipts from sale 
or exchange of property and receipts in payment for loss or damage to 
property owned by the fund. There shall be covered into the United 
States Treasury as miscellaneous receipts any surplus of the fund (all 
assets, liabilities, and prior losses considered) above the amounts 
transferred or appropriated to establish and maintain the fund. There 
shall be transferred to the fund the stocks of supplies, equipment, 
other assets, liabilities, and unpaid obligations relating to those 
services which the USTR determines will be performed.

SEC. 2351. SERVICE CHARGES.

    (a) Authority.--Notwithstanding any other provision of law, the 
USTR may establish reasonable fees and commissions with respect to 
applications, documents, awards, loans, grants, research data, 
services, and assistance administered by the Office, and the USTR may 
change and abolish such fees and commissions. Before establishing, 
changing, or abolishing any schedule of fees or commissions under this 
section, the USTR may submit such schedule to the Congress.
    (b) Deposits.--The USTR is authorized to require a deposit before 
the USTR provides any item, information, service, or assistance for 
which a fee or commission is required under this section.
    (c) Deposit of Moneys.--Moneys received under this section shall be 
deposited in the Treasury in a special account for use by the USTR and 
are authorized to be appropriated and made available until expended.
    (d) Factors in Establishing Fees and Commissions.--In establishing 
reasonable fees or commissions under this section, the USTR may take 
into account--
            (1) the actual costs which will be incurred in providing 
        the items, information, services, or assistance concerned;
            (2) the efficiency of the Government in providing such 
        items, information, services, or assistance;
            (3) the portion of the cost that will be incurred in 
        providing such items, information, services, or assistance 
        which may be attributed to benefits for the general public 
        rather than exclusively for the person to whom the items, 
        information, services, or assistance is provided;
            (4) any public service which occurs through the provision 
        of such items, information, services, or assistance; and
            (5) such other factors as the USTR considers appropriate.
    (e) Refunds of Excess Payments.--In any case in which the USTR 
determines that any person has made a payment which is not required 
under this section or has made a payment which is in excess of the 
amount required under this section, the USTR, upon application or 
otherwise, may cause a refund to be made from applicable funds.

SEC. 2352. SEAL OF OFFICE.

    The USTR shall cause a seal of office to be made for the Office of 
such design as the USTR shall approve. Judicial notice shall be taken 
of such seal.

                     Subchapter E--Related Agencies

SEC. 2361. INTERAGENCY TRADE ORGANIZATION.

    Section 242(a)(3) of the Trade Expansion Act of 1962 (19 U.S.C. 
1872(a)(3)) is amended to read as follows:
            ``(3)(A) The interagency organization established under 
        subsection (a) shall be composed of--
                    ``(i) the United States Trade Representative, who 
                shall be the chairperson,
                    ``(ii) the Secretary of Agriculture,
                    ``(iii) the Secretary of the Treasury,
                    ``(iv) the Secretary of Labor,
                    ``(v) the Secretary of State, and
                    ``(vi) the representatives of such other 
                departments and agencies as the United States Trade 
                Representative shall designate.
            ``(B) The United States Trade Representative may invite 
        representatives from other agencies, as appropriate, to attend 
        particular meetings if subject matters of specific functional 
        interest to such agencies are under consideration. It shall 
        meet at such times and with respect to such matters as the 
        President or the chairperson shall direct.''.

SEC. 2362. NATIONAL SECURITY COUNCIL.

    The fourth paragraph of section 101(a) of the National Security Act 
of 1947 (50 U.S.C. 402(a)) is amended--
            (1) by redesignating clauses (5), (6), and (7) as clauses 
        (6), (7), and (8), respectively; and
            (2) by inserting after clause (4) the following new clause:
            ``(5) the United States Trade Representative;''.

SEC. 2363. INTERNATIONAL MONETARY FUND.

    Section 3 of the Bretton Woods Agreement Act is amended by adding 
at the end the following new subsection:
    ``(e) The United States executive director of the Fund shall 
consult with the United States Trade Representative with respect to 
matters under consideration by the Fund which relate to trade.''.

                  Subchapter F--Conforming Amendments

SEC. 2371. AMENDMENTS TO GENERAL PROVISIONS.

    (a) Inspector General.--The Inspector General Act of 1978 is 
amended--
            (1) in subsection 9(a)(1) by inserting after subparagraph 
        (W) the following:
                    ``(X) of the United States Trade Representative, 
                all functions of the Inspector General of the 
                Department of Commerce and the Office of the Inspector 
                General of the Department of Commerce relating to the 
                functions transferred to the United States Trade 
                Representative by section 2332 of the Department of 
                Commerce Dismantling Act; and''; and
            (2) in section 11--
                    (A) in paragraph (1) by inserting ``the United 
                States Trade Representative;'' after ``the Attorney 
                General;''; and
                    (B) in paragraph (2) by inserting ``the Office of 
                the United States Trade Representative,'' after 
                ``Treasury;''.
    (b) Amendment to the Trade Act of 1974.--(1) Chapter 4 of title I 
of the Trade Act of 1974 is amended to read as follows:

           ``CHAPTER 4--REPRESENTATION IN TRADE NEGOTIATIONS

``SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REPRESENTATIVE.

    ``The United States Trade Representative established under section 
2311 of the Department of Commerce Dismantling Act shall--
            ``(1) be the chief representative of the United States for 
        each trade negotiation under this title or chapter 1 of title 
        III of this Act, or subtitle A of title I of the Omnibus Trade 
        and Competitiveness Act of 1988, or any other provision of law 
        enacted after the Department of Commerce Dismantling Act;
            ``(2) report directly to the President and the Congress, 
        and be responsible to the President and the Congress for the 
        administration of trade agreements programs under this Act, the 
        Omnibus Trade and Competitiveness Act of 1988, the Trade 
        Expansion Act of 1962, section 350 of the Tariff Act of 1930, 
        and any other provision of law enacted after the Department of 
        Commerce Dismantling Act;
            ``(3) advise the President and the Congress with respect to 
        nontariff barriers to international trade, international 
        commodity agreements, and other matters which are related to 
        the trade agreements programs; and
            ``(4) be responsible for making reports to Congress with 
        respect to the matters set forth in paragraphs (1) and (2).''.
    (2) The table of contents in the first section of the Trade Act of 
1974 is amended by striking the items relating to chapter 4 and section 
141 and inserting the following:

           ``Chapter 4--Representation in Trade Negotiations

``Sec. 141. Functions of the United States Trade Representative.''.
    (d) Foreign Service Personnel.--The Foreign Service Act of 1980 is 
amended by striking paragraph (3) of section 202(a) (22 U.S.C. 3922(a)) 
and inserting the following:
            ``(3) The United States Trade Representative may utilize 
        the Foreign Service personnel system in accordance with this 
        Act--
                    ``(A) with respect to the personnel performing 
                functions--
                            ``(i) which were transferred to the 
                        Department of Commerce from the Department of 
                        State by Reorganization Plan No. 3 of 1979; and
                            ``(ii) which were subsequently transferred 
                        to the United States Trade Representative by 
                        section 2332 of the Department of Commerce 
                        Dismantling Act; and
                    ``(B) with respect to other personnel of the Office 
                of United States Trade Representative to the extent the 
                President determines to be necessary in order to enable 
                the Office of the United States Trade Representative to 
                carry out functions which require service abroad.''.
    (e) Chief Financial Officers.--Section 901(b)(1) of title 31, 
United States Code, is amended by adding at the end the following:
                    ``(Q) The Office of the United States Trade 
                Representative.''.

SEC. 2372. REPEALS.

    Sections 1 and 2 of the Act of June 5, 1939 (15 U.S.C. 1502 and 
1503; 53 Stat. 808), relating to the Under Secretary of Commerce, are 
repealed.

SEC. 2373. CONFORMING AMENDMENTS RELATING TO EXECUTIVE SCHEDULE 
              POSITIONS.

    (a) Positions at Level I.--Section 5312 of title 5, United States 
Code, is amended by amending the item relating to the United States 
Trade Representative to read as follows:
            ``United States Trade Representative, Office of the United 
        States Trade Representative.''.
    (b) Positions at Level II.--Section 5313 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Deputy Administrator of the Office of the United States 
        Trade Representative.
            ``Deputy United States Trade Representatives, Office of the 
        United States Trade Representative (2).''.
    (c) Positions at Level III.--Section 5314 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Assistant Administrators, Office of the United States 
        Trade Representative (3).
            ``Director General for Export Promotion, Office of the 
        United States Trade Representative.''.
    (d) Positions at Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) by striking the item relating to the Assistant 
        Secretary of Commerce and Director General of the United States 
        and Foreign Commercial Service; and
            (2) by adding at the end the following:
            ``General Counsel, Office of the United States Trade 
        Representative.
            ``Inspector General, Office of the United States Trade 
        Representative.
            ``Chief Financial Officer, Office of the United States 
        Trade Representative.''.

                      Subchapter G--Miscellaneous

SEC. 2381. EFFECTIVE DATE.

    (a) In General.--This subtitle shall take effect on the effective 
date specified in section 2208(a), except that--
            (1) section 2336 shall take effect on the date of the 
        enactment of this Act; and
            (2) at any time after the date of the enactment of this Act 
        the officers provided for in subchapter B may be nominated and 
        appointed, as provided in such subchapter.
    (b) Interim Compensation and Expenses.--Funds available to the 
Department of Commerce or the Office of the United States Trade 
Representative (or any official or component thereof), with respect to 
the functions transferred by this subtitle, may be used, with approval 
of the Director of the Office of Management and Budget, to pay the 
compensation and expenses of an officer appointed under subsection (a) 
who will carry out such functions until funds for that purpose are 
otherwise available.

SEC. 2382. INTERIM APPOINTMENTS.

    (a) In General.--If one or more officers required by this subtitle 
to be appointed by and with the advice and consent of the Senate have 
not entered upon office on the effective date of this subtitle and 
notwithstanding any other provision of law, the President may designate 
any officer who was appointed by and with the advice and consent of the 
Senate, and who was such an officer on the day before the effective 
date of this subtitle, to act in the office until it is filled as 
provided by this subtitle.
    (b) Compensation.--Any officer acting in an office pursuant to 
subsection (a) shall receive compensation at the rate prescribed by 
this subtitle for such office.

SEC. 2383. FUNDING REDUCTIONS RESULTING FROM REORGANIZATION.

    (a) Funding Reductions.--Notwithstanding the transfer of functions 
under this subtitle, and except as provided in subsection (b), the 
total amount appropriated by the United States in performing all 
functions vested in the USTR and the Office pursuant to this subtitle 
shall not exceed--
            (1) for the first fiscal year that begins after the 
        abolishment date specified in section 2101(c), 75 percent of 
        the total amount appropriated in fiscal year 1995 for the 
        performance of all such functions; and
            (2) for the second fiscal year that begins after the 
        abolishment date specified in section 2101(c) and for each 
        fiscal year thereafter, 65 percent of the total amount 
        appropriated in fiscal year 1995 for the performance of all 
        such functions.
    (b) Exception.--Subsection (a) shall not apply to obligations or 
expenditures incurred as a direct consequence of the termination, 
transfer, or other disposition of functions described in subsection (a) 
pursuant to this title.
    (c) Rule of Construction.--This section shall take precedence over 
any other provision of law unless such provision explicitly refers to 
this section and makes an exception to it.
    (d) Responsibility of USTR.--The USTR, in consultation with the 
Director of the Office of Management and Budget, shall make such 
modifications in programs as are necessary to carry out the reductions 
in appropriations set forth in paragraph (1) and (2) of subsection (a).
    (e) Responsibilities of the Director of the Office of Management 
and Budget.--The Director of the Office of Management and Budget shall 
include in each report under sections 2105(a) and (b) a description of 
actions taken to comply with the requirements of this section.

          Subtitle D--Patent and Trademark Office Corporation

SEC. 2401. SHORT TITLE.

    This subtitle may be cited as the ``Patent and Trademark Office 
Corporation Act of 1995''.

                 CHAPTER 1--PATENT AND TRADEMARK OFFICE

SEC. 2411. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE AS A 
              CORPORATION.

    Section 1 of title 35, United States Code, is amended to read as 
follows:
``Sec. 1. Establishment
    ``(a) Establishment.--The Patent and Trademark Office is 
established as a wholly owned Government corporation subject to chapter 
91 of title 31, except as otherwise provided in this title.
    ``(b) Offices.--The Patent and Trademark Office shall maintain an 
office in the District of Columbia, or the metropolitan area thereof, 
for the service of process and papers and shall be deemed, for purposes 
of venue in civil actions, to be a resident of the district in which 
its principal office is located. The Patent and Trademark Office may 
establish offices in such other places as it considers necessary or 
appropriate in the conduct of its business.
    ``(c) Reference.--For purposes of this title, the Patent and 
Trademark Office shall also be referred to as the `Office'.''.

SEC. 2412. POWERS AND DUTIES.

    Section 2 of title 35, United States Code, is amended to read as 
follows:
``Sec. 2. Powers and Duties
    ``(a) In General.--The Patent and Trademark Office shall be 
responsible for--
            ``(1) the granting and issuing of patents and the 
        registration of trademarks;
            ``(2) conducting studies, programs, or exchanges of items 
        or services regarding domestic and international patent and 
        trademark law or the administration of the Office, including 
        programs to recognize, identify, assess, and forecast the 
        technology of patented inventions and their utility to 
        industry;
            ``(3) authorizing or conducting studies and programs 
        cooperatively with foreign patent and trademark offices and 
        international organizations, in connection with the granting 
        and issuing of patents and the registration of trademarks; and
            ``(4) disseminating to the public information with respect 
        to patents and trademarks.
    ``(b) Specific Powers.--The Office--
            ``(1) shall have perpetual succession;
            ``(2) shall adopt and use a corporate seal, which shall be 
        judicially noticed and with which letters patent, certificates 
        of trademark registrations, and papers issued by the Office 
        shall be authenticated;
            ``(3) may sue and be sued in its corporate name and be 
        represented by its own attorneys in all judicial and 
        administrative proceedings, subject to the provisions of 
        section 8 of this title;
            ``(4) may indemnify the Commissioner of Patents and 
        Trademarks, and other officers, attorneys, agents, and 
        employees (including members of the Management Advisory Board 
        established in section 5) of the Office for liabilities and 
        expenses incurred within the scope of their employment;
            ``(5) may adopt, amend, and repeal bylaws, rules, and 
        regulations, governing the manner in which its business will be 
        conducted and the powers granted to it by law will be 
        exercised;
            ``(6) may acquire, construct, purchase, lease, hold, 
        manage, operate, improve, alter, and renovate any real, 
        personal, or mixed property, or any interest therein, as it 
        considers necessary to carry out its functions;
            ``(7)(A) may make such purchases, contracts for the 
        construction, maintenance, or management and operation of 
        facilities, and contracts for supplies or services, without 
        regard to section 111 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 759); and
            ``(B) may enter into and perform such purchases and 
        contracts for printing services, including the process of 
        composition, platemaking, presswork, silk screen processes, 
        binding, microform, and the products of such processes, as it 
        considers necessary to carry out the functions of the Office, 
        without regard to sections 501 through 517 and 1101 through 
        1123 of title 44;
            ``(8) may use, with their consent, services, equipment, 
        personnel, and facilities of other departments, agencies, and 
        instrumentalities of the Federal Government, on a reimbursable 
        basis, and cooperate with such other departments, agencies, and 
        instrumentalities in the establishment and use of services, 
        equipment, and facilities of the Office;
            ``(9) may obtain from the Administrator of General Services 
        such services as the Administrator is authorized to provide to 
        other agencies of the United States, on the same basis as those 
        services are provided to other agencies of the United States;
            ``(10) may use, with the consent of the United States and 
        the agency, government, or international organization 
        concerned, the services, records, facilities, or personnel of 
        any State or local government agency or instrumentality or 
        foreign government or international organization to perform 
        functions on its behalf;
            ``(11) may determine the character of and the necessity for 
        its obligations and expenditures and the manner in which they 
        shall be incurred, allowed, and paid, subject to the provisions 
        of this title and the Act of July 5, 1946 (commonly referred to 
        as the `Trademark Act of 1946');
            ``(12) may retain and use all of its revenues and receipts, 
        including revenues from the sale, lease, or disposal of any 
        real, personal, or mixed property, or any interest therein, of 
        the Office, in carrying out the functions of the Office, 
        including for research and development and capital investment, 
        subject to the provisions of section 10101 of the Omnibus 
        Budget Reconciliation Act of 1990 (35 U.S.C. 41 note);
            ``(13) shall have the priority of the United States with 
        respect to the payment of debts from bankrupt, insolvent, and 
        decedents' estates;
            ``(14) may accept monetary gifts or donations of services, 
        or of real, personal, or mixed property, in order to carry out 
        the functions of the Office;
            ``(15) may execute, in accordance with its bylaws, rules, 
        and regulations, all instruments necessary and appropriate in 
        the exercise of any of its powers;
            ``(16) may provide for liability insurance and insurance 
        against any loss in connection with its property, other assets, 
        or operations either by contract or by self-insurance; and
            ``(17) shall pay any settlement or judgment entered against 
        it from the funds of the Office and not from amounts available 
        under section 1304 of title 31.''.

SEC. 2413. ORGANIZATION AND MANAGEMENT.

    Section 3 of title 35, United States Code, is amended to read as 
follows:
``Sec. 3. Officers and employees
    ``(a) Commissioner.--
            ``(1) In general.--The management of the Patent and 
        Trademark Office shall be vested in a Commissioner of Patents 
        and Trademarks (hereafter in this title referred to as the 
        `Commissioner'), who shall be a citizen of the United States 
        and who shall be appointed by the President, by and with the 
        advice and consent of the Senate. The Commissioner shall be a 
        person who, by reason of professional background and experience 
        in patent and trademark law, is especially qualified to manage 
        the Office.
            ``(2) Duties.--
                    ``(A) In general.--The Commissioner shall be 
                responsible for the management and direction of the 
                Office, including the issuance of patents and the 
                registration of trademarks.
                    ``(B) Advising the president.--The Commissioner 
                shall advise the President of all activities of the 
                Patent and Trademark Office undertaken in response to 
                obligations of the United States under treaties and 
                executive agreements, or which relate to cooperative 
                programs with those authorities of foreign governments 
                that are responsible for granting patents or 
                registering trademarks. The Commissioner shall also 
                recommend to the President changes in law or policy 
                which may improve the ability of United States citizens 
                to secure and enforce patent rights or trademark rights 
                in the United States or in foreign countries.
                    ``(C) Consulting with the management advisory 
                board.--The Commissioner shall consult with the 
                Management Advisory Board established in section 5 on a 
                regular basis on matters relating to the operation of 
                the Patent and Trademark Office, and shall consult with 
                the Board before submitting budgetary proposals to the 
                Office of Management and Budget or changing or 
                proposing to change patent or trademark user fees or 
patent or trademark regulations.
                    ``(D) Security clearances.--The Commissioner, in 
                consultation with the Director of the Office of 
                Personnel Management, shall maintain a program for 
                identifying national security positions and providing 
                for appropriate security clearances.
            ``(3) Term.--The Commissioner shall serve a term of 5 
        years, and may continue to serve after the expiration of the 
        Commissioner's term until a successor is appointed and assumes 
        office. The Commissioner may be reappointed to subsequent 
        terms.
            ``(4) Oath.--The Commissioner shall, before taking office, 
        take an oath to discharge faithfully the duties of the Office.
            ``(5) Compensation.--The Commissioner shall receive 
        compensation at the rate of pay in effect for Level III of the 
        Executive Schedule under section 5314 of title 5.
            ``(6) Removal.--The Commissioner may be removed from office 
        by the President only for cause.
            ``(7) Designee of commissioner.--The Commissioner shall 
        designate an officer of the Office who shall be vested with the 
        authority to act in the capacity of the Commissioner in the 
        event of the absence or incapacity of the Commissioner.
    ``(b) Officers and Employees of the Office.--
            ``(1) Deputy commissioners.--The Commissioner shall appoint 
        a Deputy Commissioner for Patents and a Deputy Commissioner for 
        Trademarks for terms that shall expire on the date on which the 
        Commissioner's term expires. The Deputy Commissioner for 
        Patents shall be a person with demonstrated experience in 
        patent law and the Deputy Commissioner for Trademarks shall be 
        a person with demonstrated experience in trademark law. The 
        Deputy Commissioner for Patents and the Deputy Commissioner for 
        Trademarks shall be the principal policy advisors to the 
        Commissioner on all aspects of the activities of the Office 
        that affect the administration of patent and trademark 
        operations, respectively.
            ``(2) Other officers and employees.--The Commissioner 
        shall--
                    ``(A) appoint an Inspector General and such other 
                officers, employees (including attorneys), and agents 
                of the Office as the Commissioner considers necessary 
                to carry out its functions;
                    ``(B) fix the compensation of such officers and 
                employees; and
                    ``(C) define the authority and duties of such 
                officers and employees and delegate to them such of the 
                powers vested in the Office as the Commissioner may 
                determine.
        The Office shall not be subject to any administratively or 
        statutorily imposed limitation on positions or personnel, and 
        no positions or personnel of the Office shall be taken into 
        account for purposes of applying any such limitation, except to 
        the extent otherwise specifically provided by statute with 
        respect to the Office.
    ``(c) Limits on Compensation.--Except as otherwise provided in this 
title or any other provision of law, the basic pay of an officer or 
employee of the Office for any calendar year may not exceed the annual 
rate of basic pay in effect for level IV of the Executive Schedule 
under section 5315 of title 5. The Commissioner shall by regulation 
establish a limitation on the total compensation payable to officers or 
employees of the Office, which may not exceed the annual rate of basic 
pay in effect for level I of the Executive Schedule under section 5312 
of title 5.
    ``(d) Inapplicability of Title 5 Generally.--Except as otherwise 
provided in this section, officers and employees of the Office shall 
not be subject to the provisions of title 5 relating to Federal 
employees.
    ``(e) Continued Applicability of Certain Provision of Title 5.--The 
following provisions of title 5 shall apply to the Office and its 
officers and employees:
            ``(1) Section 3110 (relating to employment of relatives; 
        restrictions).
            ``(2) Subchapter II of chapter 55 (relating to withholding 
        pay).
            ``(3) Subchapter II of chapter 73 (relating to employment 
        limitations).
    ``(f) Provisions of Title 5 Relating to Certain Benefits.--
            ``(1) Retirement.--(A)(i) Any individual who becomes an 
        officer or employee of the Office pursuant to subsection (h) 
        shall, if such individual has at least 3 years of creditable 
        service (within the meaning of section 8332 or 8411 of title 5) 
        as of the effective date of the Patent and Trademark Office 
        Corporation Act of 1995, remain subject to subchapter III of 
        chapter 83 or chapter 84 of such title, as the case may be, so 
        long as such individual continues to hold an office or position 
        in or under the Office without a break in service.
            ``(ii)(I) Except as provided in subclause (II), with 
        respect to an individual described in clause (i), the Office 
        shall make the appropriate withholding from pay and shall pay 
        the contributions required of an employing agency into the 
        Civil Service Retirement and Disability Fund and, if 
        applicable, the Thrift Savings Fund in accordance with 
        applicable provisions of subchapter III of chapter 83 or 
        chapter 84 of title 5, as the case may be.
            ``(II) In the case of an officer or employee who remains 
        subject to subchapter III of chapter 83 of such title by virtue 
        of this subparagraph, the Office shall, instead of the amount 
        which would otherwise be required under the second sentence of 
        section 8334(a)(1) of title 5, contribute an amount equal to 
        the normal-cost percentage (determined with respect to officers 
        and employees of the Office using dynamic assumptions, as 
        defined by section 8401(9) of such title) of the individual's 
        basic pay, minus the amount required to be withheld from such 
        pay under such section 8334(a)(1).
            ``(B)(i) Notwithstanding subsection (d), the provisions of 
        subchapter III of chapter 83 or chapter 84 of title 5 (as 
        applicable) which relate to disability shall be considered to 
        remain in effect, with respect to an individual who becomes an 
officer or employee of the Office pursuant to subsection (h), until the 
end of the 2-year period beginning on the effective date of the Patent 
and Trademark Office Corporation Act of 1995 or, if earlier, until such 
individual satisfies the prerequisites for coverage under any program 
offered by the Office to replace the disability retirement program 
under chapter 83 or 84 of title 5.
            ``(ii) This clause applies with respect to any officer or 
        employee of the Office who is receiving disability coverage 
        under this subparagraph and has completed the service 
        requirement specified in the first sentence of section 8337(a) 
        or 8451(a)(1)(A) of title 5 (as applicable), but who is not 
        described in subparagraph (A)(i). In the case of any individual 
        to whom this clause applies, the Office shall pay into the 
        Civil Service Retirement and Disability Fund an amount equal to 
        that portion of the normal-cost percentage (determined in the 
        same manner as under subparagraph (A)(ii)(II)) of the basic pay 
        of such individual (for service performed during the period 
        during which such individual is receiving such coverage) 
        allocable to such coverage. Any amounts payable under this 
        clause shall be paid at such time and in such manner as 
        mutually agreed to by the Office and the Office of Personnel 
        Management, and shall be in lieu of any individual or agency 
        contributions otherwise required.
            ``(2) Health benefits.--(A) Officers and employees of the 
        Office shall not become ineligible to participate in the health 
        benefits program under chapter 89 of title 5 by reason of 
        subsection (d) until the effective date of elections made 
        during the first election period (under section 8905(f) of 
        title 5) beginning after the end of the 2-year period beginning 
        on the effective date of the Patent and Trademark Office 
        Corporation Act of 1995.
            ``(B)(i) With respect to any individual who becomes an 
        officer or employee of the Office pursuant to subsection (h), 
        the eligibility of such individual to participate in such 
        program as an annuitant (or of any other person to participate 
        in such program as an annuitant based on the death of such 
        individual) shall be determined disregarding the requirements 
        of section 8905(b) of title 5. The preceding sentence shall not 
        apply if the individual ceases to be an officer or employee of 
        the Office for any period of time after becoming an officer or 
        employee of the Office pursuant to subsection (h) and before 
        separation.
            ``(ii) The Government contributions authorized by section 
        8906 for health benefits for anyone participating in the health 
        benefits program pursuant to this subparagraph shall be made by 
        the Office in the same manner as provided under section 
        8906(g)(2) of title 5 with respect to the United States Postal 
        Service for individuals associated therewith.
            ``(iii) For purposes of this subparagraph, the term 
        `annuitant' has the meaning given such term by section 8901(3) 
        of title 5.
            ``(3) Life insurance.--(A) Officers and employees of the 
        Office shall not become ineligible to participate in the life 
        insurance program under chapter 87 of title 5 by reason of 
        subsection (d) until the first day after the end of the 2-year 
        period beginning on the effective date of the Patent and 
        Trademark Office Corporation Act of 1995.
            ``(B)(i) Eligibility for life insurance coverage after 
        retirement or while in receipt of compensation under subchapter 
        I of chapter 81 of title 5 shall be determined, in the case of 
        any individual who becomes an officer or employee of the Office 
        pursuant to subsection (h), without regard to the requirements 
        of section 8706(b) (1) or (2), but subject to the condition 
        specified in the last sentence of paragraph (2)(B)(i) of this 
        subsection.
            ``(ii) Government contributions under section 8708(d) on 
        behalf of any such individual shall be made by the Office in 
        the same manner as provided under paragraph (3) thereof with 
        respect to the United States Postal Service for individuals 
        associated therewith.
            ``(4) Employees' compensation fund.--The Office shall 
        remain responsible for reimbursing the Employees' Compensation 
        Fund, pursuant to section 8147 of title 5, for compensation 
        paid or payable after the effective date of the Patent and 
        Trademark Office Corporation Act of 1995 in accordance with 
        chapter 81 of title 5 with regard to any injury, disability, or 
        death due to events arising before such date, whether or not a 
        claim has been filed or is final on such date.
            ``(5) Requirement that the office offer certain minimum 
        number of life and health insurance policies.--The Office shall 
        offer at least 1 life insurance policy and at least 3 health 
        insurance policies to its officers and employees, comparable to 
        existing Federal benefits, beginning on the first day after the 
        end of the 2-year period beginning on the effective date of the 
        Patent and Trademark Office Corporation Act of 1995.
    ``(g) Labor-Management Relations.--
            ``(1) Labor relations and employee relations programs.--The 
        Office shall develop labor relations and employee relations 
        programs with the objective of improving productivity and 
        efficiency, incorporating the following principles:
                    ``(A) Such programs shall be consistent with the 
                merit principles in section 2301(b) of title 5.
                    ``(B) Such programs shall provide veterans 
                preference protections equivalent to those established 
                by sections 2801, 3308-3318, and 3320 of title 5.
                    ``(C)(i) In order to maximize individual freedom of 
                choice in the pursuit of employment and to encourage an 
                economic climate conducive to economic growth, the 
                right to work shall not be subject to undue restraint 
                or coercion. The right to work shall not be infringed 
                or restricted in any way based on membership in, 
                affiliation with, or financial support of a labor 
                organization.
                    ``(ii) No person shall be required, as a condition 
                of employment or continuation of employment:
                            ``(I) To resign or refrain from voluntary 
                        membership in, voluntary affiliation with, or 
                        voluntary financial support of a labor 
                        organization.
                            ``(II) To become or remain a member of a 
                        labor organization.
                            ``(III) To pay any dues, fees, assessments, 
                        or other charges of any kind or amount to a 
                        labor organization.
                            ``(IV) To pay to any charity or other third 
                        party, in lieu of such payments, any amount 
                        equivalent to or a pro-rata portion of dues, 
                        fees, assessments, or other charges regularly 
                        required of members of a labor organization.
                            ``(V) To be recommended, approved, 
                        referred, or cleared by or through a labor 
                        organization.
                    ``(iii) This subparagraph shall not apply to a 
                person described in section 7103(a)(2)(v) of title 5 or 
                a `supervisor', `management official', or `confidential 
                employee' as those terms are defined in 7103(a)(10), 
                (11), and (13) of such title.
                    ``(iv) Any labor organization recognized by the 
                Office as the exclusive representative of a unit of 
                employees of the Office shall represent the interests 
                of all employees in that unit without discrimination 
                and without regard to labor organization membership.
            ``(2) Adoption of existing labor agreements.--The Office 
        shall adopt all labor agreements which are in effect, as of the 
        day before the effective date of the Patent and Trademark 
        Office Corporation Act of 1995, with respect to such Office (as 
        then in effect). Each such agreement shall remain in effect for 
        the 2-year period commencing on such date, unless the agreement 
        provides for a shorter duration or the parties agree otherwise 
        before such period ends.
    ``(h) Carryover of Personnel.--
            ``(1) From pto.--Effective as of the effective date of the 
        Patent and Trademark Office Corporation Act of 1995, all 
        officers and employees of the Patent and Trademark Office on 
        the day before such effective date shall become officers and 
        employees of the Office, without a break in service.
            ``(2) Other personnel.--Any individual who, on the day 
        before the effective date of the Patent and Trademark Office 
        Corporation Act of 1995, is an officer or employee of the 
        Department of Commerce (other than an officer or employee under 
        paragraph (1)) shall be transferred to the Office if--
                    ``(A) such individual serves in a position for 
                which a major function is the performance of work 
                reimbursed by the Patent and Trademark Office, as 
                determined by the Secretary of Commerce;
                    ``(B) such individual serves in a position that 
                performed work in support of the Patent and Trademark 
                Office during at least half of the incumbent's work 
                time, as determined by the Secretary of Commerce; or
                    ``(C) such transfer would be in the interest of the 
                Office, as determined by the Secretary of Commerce in 
                consultation with the Commissioner of Patents and 
                Trademarks.
        Any transfer under this paragraph shall be effective as of the 
        same effective date as referred to in paragraph (1), and shall 
        be made without a break in service.
            ``(3) Accumulated leave.--The amount of sick and annual 
        leave and compensatory time accumulated under title 5 before 
        the effective date described in paragraph (1), by officers or 
        employees of the Patent and Trademark Office who so become 
        officers or employees of the Office, are obligations of the 
        Office.
            ``(4) Termination rights.--Any employee referred to in 
        paragraph (1) or (2) of this subsection whose employment with 
        the Office is terminated during the 2-year period beginning on 
        the effective date of the Patent and Trademark Office 
        Corporation Act of 1995 shall be entitled to rights and 
        benefits, to be afforded by the Office, similar to those such 
        employee would have had under Federal law if termination had 
        occurred immediately before such date. An employee who would 
        have been entitled to appeal any such termination to the Merit 
        Systems Protection Board, if such termination had occurred 
        immediately before such effective date, may appeal any such 
        termination occurring within this 2-year period to the Board 
        under such procedures as it may prescribe.
            ``(5) Continuation in office of certain officers.--(A) The 
        individual serving as the Commissioner of Patents and 
        Trademarks on the day before the effective date of the Patent 
        and Trademark Office Corporation Act of 1995 may serve as the 
        Commissioner until the earlier of 1 year after the effective 
        date of that Act or the date on which a Commissioner is 
        appointed under subsection (a).
            ``(B) The individual serving as the Assistant Commissioner 
        for Patents on the day before the effective date of the Patent 
        and Trademark Office Corporation Act of 1995 may serve as the 
        Deputy Commissioner for Patents until the earlier of 1 year 
        after the effective date of that Act or the date on which a 
        Deputy Commissioner for Patents is appointed under subsection 
        (b).
            ``(C) The individual serving as the Assistant Commissioner 
        for Trademarks on the day before the effective date of the 
        Patent and Trademark Office Corporation Act of 1995 may serve 
        as the Deputy Commissioner for Trademarks until the earlier of 
        1 year after the effective date of that Act or the date on 
        which a Deputy Commissioner for Trademarks is appointed under 
        subsection (b).
    ``(i) Competitive Status.--For purposes of appointment to a 
position in the competitive service for which an officer or employee of 
the Office is qualified, such officer or employee shall not forfeit any 
competitive status, acquired by such officer or employee before the 
effective date of the Patent and Trademark Office Corporation Act of 
1995, by reason of becoming an officer or employee of the Office 
pursuant to subsection (h).
    ``(j) Savings Provisions.--All orders, determinations, rules, and 
regulations regarding compensation and benefits and other terms and 
conditions of employment, in effect for the Office and its officers and 
employees immediately before the effective date of the Patent and 
Trademark Office Corporation Act of 1995, shall continue in effect with 
respect to the Office and its officers and employees until modified, 
superseded, or set aside by the Office or a court of appropriate 
jurisdiction or by operation of law.''.

 SEC. 2414. MANAGEMENT ADVISORY BOARD.

    Chapter 1 of part I of title 35, United States Code, is amended by 
inserting after section 4 the following:
``Sec. 5. Patent and Trademark Office Management Advisory Board
    ``(a) Establishment of Management Advisory Board.--
            ``(1) Appointment.--The Patent and Trademark Office shall 
        have a Management Advisory Board (hereafter in this title 
        referred to as the `Board') of 12 members, 4 of whom shall be 
        appointed by the President, 4 of whom shall be appointed by the 
        Speaker of the House of Representatives, and 4 of whom shall be 
        appointed by the President pro tempore of the Senate. Not more 
        than 3 of the 4 members appointed by each appointing authority 
        shall be members of the same political party.
            ``(2) Terms.--Members of the Board shall be appointed for a 
        term of 4 years each, except that of the members first 
        appointed by each appointing authority, 1 shall be for a term 
        of 1 year, 1 shall be for a term of 2 years, and 1 shall be for 
        a term of 3 years. No member may serve more than 1 term.
            ``(3) Chair.--The President shall designate the chair of 
        the Board, whose term as chair shall be for 3 years.
            ``(4) Timing of appointments.--Initial appointments to the 
        Board shall be made within 3 months after the effective date of 
        the Patent and Trademark Office Corporation Act of 1995, and 
        vacancies shall be filled within 3 months after they occur.
            ``(5) Vacancies.--Vacancies shall be filled in the manner 
        in which the original appointment was made under this 
        subsection. Members appointed to fill a vacancy occurring 
        before the expiration of the term for which the member's 
        predecessor was appointed shall be appointed only for the 
        remainder of that term. A member may serve after the expiration 
        of that member's term until a successor is appointed.
    ``(b) Basis for Appointments.--Members of the Board shall be 
citizens of the United States who shall be chosen so as to represent 
the interests of diverse users of the Patent and Trademark Office, and 
shall include individuals with substantial background and achievement 
in corporate finance and management.
    ``(c) Applicability of Certain Ethics Laws.--Members of the Board 
shall be special Government employees within the meaning of section 202 
of title 18.
    ``(d) Meetings.--The Board shall meet at the call of the chair to 
consider an agenda set by the chair.
    ``(e) Duties.--The Board shall--
            ``(1) review the policies, goals, performance, budget, and 
        user fees of the Patent and Trademark Office, and advise the 
        Commissioner on these matters; and
            ``(2) within 60 days after the end of each fiscal year, 
        prepare an annual report on the matters referred to in 
        paragraph (1), transmit the report to the President and the 
        Committees on the Judiciary of the Senate and the House of 
        Representatives, and publish the report in the Patent and 
        Trademark Office Official Gazette.
    ``(f) Staff.--The Board shall employ a staff of not more than 10 
members and shall procure support services for the staff adequate to 
enable the Board to carry out its functions, using funds available to 
the Commissioner under section 42 of this title. The Board shall ensure 
that members of the staff, other than clerical staff, are especially 
qualified in the areas of patents, trademarks, or management of public 
agencies. Persons employed by the Board shall receive compensation as 
determined by the Board, which may not exceed the limitations set forth 
in section 3(c) of this title, shall serve in accordance with terms and 
conditions of employment established by the Board, and shall be subject 
solely to the direction of the Board, notwithstanding any other 
provision of law.
    ``(g) Compensation.--Members of the Board shall be compensated for 
each day (including travel time) during which they are attending 
meetings or conferences of the Board or otherwise engaged in the 
business of the Board, at the rate which is the daily equivalent of the 
annual rate of basic pay in effect for level III of the Executive 
Schedule under section 5314 of title 5, and while away from their homes 
or regular places of business they may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 
5703 of title 5.
    ``(h) Access to Information.--Members of the Board shall be 
provided access to records and information in the Patent and Trademark 
Office, except for personnel or other privileged information and 
information concerning patent applications required to be kept in 
confidence by section 122 of this title.''.

 SEC. 2415. INDEPENDENCE FROM DEPARTMENT OF COMMERCE.

    (a) Duties of Commissioner.--Section 6 of title 35, United States 
Code, is amended--
            (1) by striking ``, under the direction of the Secretary of 
        Commerce,'' each place it appears; and
            (2) by striking ``, subject to the approval of the 
        Secretary of Commerce,''.
    (b) Regulations for Agents and Attorneys.--Section 31 of title 35, 
United States Code, is amended by striking ``, subject to the approval 
of the Secretary of Commerce,''.

SEC. 2416. TRADEMARK TRIAL AND APPEAL BOARD.

    Section 17 of the Act of July 5, 1946 (commonly referred to as the 
``Trademark Act of 1946'') (15 U.S.C. 1067) is amended to read as 
follows:
    ``Sec. 17. (a) In every case of interference, opposition to 
registration, application to register as a lawful concurrent user, or 
application to cancel the registration of a mark, the Commissioner 
shall give notice to all parties and shall direct a Trademark Trial and 
Appeal Board to determine and decide the respective rights of 
registration.
    ``(b) The Trademark Trial and Appeal Board shall include the 
Commissioner, the Deputy Commissioner for Patents, the Deputy 
Commissioner for Trademarks, and members competent in trademark law who 
are appointed by the Commissioner.''.

SEC. 2417. BOARD OF PATENT APPEALS AND INTERFERENCES.

    Section 7 of title 35, United States Code, is amended to read as 
follows:
``Sec. 7. Board of Patent Appeals and Interferences
    ``(a) Establishment and Composition.--There shall be in the Patent 
and Trademark Office a Board of Patent Appeals and Interferences. The 
Commissioner, the Deputy Commissioner for Patents, the Deputy 
Commissioner for Trademarks, and the examiners-in-chief shall 
constitute the Board. The examiners-in-chief shall be persons of 
competent legal knowledge and scientific ability.
    ``(b) Duties.--The Board of Patent Appeals and Interferences shall, 
on written appeal of an applicant, review adverse decisions of 
examiners upon applications for patents and shall determine priority 
and patentability of invention in interferences declared under section 
135(a) of this title. Each appeal and interference shall be heard by at 
least 3 members of the Board, who shall be designated by the 
Commissioner. Only the Board of Patent Appeals and Interferences may 
grant rehearings.''.

SEC. 2418. SUITS BY AND AGAINST THE CORPORATION.

    Chapter 1 of part I of title 35, United States Code, is amended--
            (1) by redesignating sections 8 through 14 as sections 9 
        through 15; and
            (2) by inserting after section 7 the following new section:
``Sec. 8. Suits by and against the Corporation
    ``(a) In General.--
            ``(1) Actions under united states law.--Any civil action or 
        proceeding to which the Patent and Trademark Office is a party 
        is deemed to arise under the laws of the United States. The 
        Federal courts shall have exclusive jurisdiction over all civil 
        actions by or against the Office.
            ``(2) Contract claims.--Any action or proceeding against 
        the Office in which any claim is cognizable under the Contract 
        Disputes Act of 1978 (41 U.S.C. 601 and following) shall be 
        subject to that Act. For purposes of that Act, the Commissioner 
        shall be deemed to be the agency head with respect to contract 
        claims arising with respect to the Office. Any other action or 
        proceeding against the Office founded upon contract may be 
        brought in an appropriate district court, notwithstanding any 
        provision of title 28.
            ``(3) Tort claims.--(A) Any action or proceeding against 
        the Office in which any claim is cognizable under the 
        provisions of section 1346(b) and chapter 171 of title 28, 
        shall be governed by those provisions.
            ``(B) Any other action or proceeding against the Office 
        founded upon tort may be brought in an appropriate district 
        court without regard to the provisions of section 1346(b) and 
        chapter 171 of title 28.
            ``(4) Prohibition on attachment, liens, etc.--No 
        attachment, garnishment, lien, or similar process, intermediate 
        or final, in law or equity, may be issued against property of 
        the Office.
            ``(5) Substitution of office as party.--The Office shall be 
        substituted as defendant in any civil action or proceeding 
        against an officer or employee of the Office, if the Office 
        determines that the officer or employee was acting within the 
        scope of his or her employment with the Office. If the Office 
        refuses to certify scope of employment, the officer or employee 
        may at any time before trial petition the court to find and 
        certify that the officer or employee was acting within the 
        scope of his or her employment. Upon certification by the 
        court, the Office shall be substituted as the party defendant. 
        A copy of the petition shall be served upon the Office. In any 
        such civil action or proceeding to which paragraph (3)(A) 
        applies, the provisions of section 1346(b) and chapter 171 of 
        title 28 shall apply in lieu of this paragraph.
    ``(b) Relationship With Justice Department.--
            ``(1) Exercise by office of attorney general's 
        authorities.--Except as provided in this section, with respect 
        to any action or proceeding in which the Office is a party or 
        an officer or employee thereof is a party in his or her 
        official capacity, the Office, officer, or employee may 
        exercise, without prior authorization from the Attorney 
        General, the authorities and duties that otherwise would be 
        exercised by the Attorney General on behalf of the Office, 
        officer, or employee under title 28 and other laws.
            ``(2) Appearances by attorney general.--Notwithstanding 
        paragraph (1), at any time the Attorney General may, in any 
        action or proceeding described in paragraph (1), file an 
        appearance on behalf of the Office or the officer or employee 
        involved, without the consent of the Office or the officer or 
        employee. Upon such filing, the Attorney General shall 
        represent the Office or such officer or employee with exclusive 
        authority in the conduct, settlement, or compromise of that 
        action or proceeding.
            ``(3) Consultations with and assistance by attorney 
        general.--The Office may consult with the Attorney General 
        concerning any legal matter, and the Attorney General shall 
        provide advice and assistance to the Office, including 
        representing the Office in litigation, if requested by the 
        Office.
            ``(4) Representation before supreme court.--The Attorney 
        General shall represent the Office in all cases before the 
United States Supreme Court.
            ``(5) Qualifications of attorneys.--An attorney admitted to 
        practice to the bar of the highest court of at least one State 
        in the United States or the District of Columbia and employed 
        by the Office may represent the Office in any legal proceeding 
        in which the Office or an officer or employee of the Office is 
        a party or interested, regardless of whether the attorney is a 
        resident of the jurisdiction in which the proceeding is held 
        and notwithstanding any other prerequisites of qualification or 
        appearance required by the court or administrative body before 
        which the proceeding is conducted.''.

 SEC. 2419. ANNUAL REPORT OF COMMISSIONER.

    Section 15 of title 35, United States Code, as redesignated by 
section 2418 of this Act, is amended to read as follows:
``Sec. 15. Annual report to Congress
    ``The Commissioner shall report to the Congress, not later than 180 
days after the end of each fiscal year, the moneys received and 
expended by the Office, the purposes for which the moneys were spent, 
the quality and quantity of the work of the Office, and other 
information relating to the Office. The report under this section shall 
also meet the requirements of section 9106 of title 31, to the extent 
that such requirements are not inconsistent with the preceding 
sentence. The report required under this section shall be deemed to be 
the report of the Patent and Trademark Office under section 9106 of 
title 31, and the Commissioner shall not file a separate report under 
such section.''.

SEC. 2420. SUSPENSION OR EXCLUSION FROM PRACTICE.

    Section 32 of title 35, United States Code, is amended by inserting 
before the last sentence the following: ``The Commissioner shall have 
the discretion to designate any attorney who is an officer or employee 
of the Patent and Trademark Office to conduct the hearing required by 
this section.''.

SEC. 2421. FUNDING.

    Section 42 of title 35, United States Code, is amended to read as 
follows:
``Sec. 42. Patent and Trademark Office funding
    ``(a) Fees Payable to the Office.--All fees for services performed 
by or materials furnished by the Patent and Trademark Office shall be 
payable to the Office.
    ``(b) Use of Moneys.--Moneys of the Patent and Trademark Office not 
otherwise used to carry out the functions of the Office shall be kept 
in cash on hand or on deposit, or invested in obligations of the United 
States or guaranteed by the United States, or in obligations or other 
instruments which are lawful investments for fiduciary, trust, or 
public funds. Fees available to the Commissioner under this title shall 
be used exclusively for the processing of patent applications and for 
other services and materials relating to patents. Fees available to the 
Commissioner under section 31 of the Act of July 5, 1946 (commonly 
referred to as the `Trademark Act of 1946'; 15 U.S.C. 1113), shall be 
used exclusively for the processing of trademark registrations and for 
other services and materials relating to trademarks.
    ``(c) Borrowing Authority.--The Patent and Trademark Office is 
authorized to issue from time to time for purchase by the Secretary of 
the Treasury its debentures, bonds, notes, and other evidences of 
indebtedness (hereafter in this subsection referred to as 
`obligations') to assist in financing its activities. Borrowing under 
this subsection shall be subject to prior approval in appropriation 
Acts. Such borrowing shall not exceed amounts approved in appropriation 
Acts. Any such borrowing shall be repaid only from fees paid to the 
Office and surcharges appropriated by the Congress. Such obligations 
shall be redeemable at the option of the Office before maturity in the 
manner stipulated in such obligations and shall have such maturity as 
is determined by the Office with the approval of the Secretary of the 
Treasury. Each such obligation issued to the Treasury shall bear 
interest at a rate not less than the current yield on outstanding 
marketable obligations of the United States of comparable maturity 
during the month preceding the issuance of the obligation as determined 
by the Secretary of the Treasury. The Secretary of the Treasury shall 
purchase any obligations of the Office issued under this subsection and 
for such purpose the Secretary of the Treasury is authorized to use as 
a public-debt transaction the proceeds of any securities issued under 
chapter 31 of title 31, and the purposes for which securities may be 
issued under that chapter are extended to include such purpose. Payment 
under this subsection of the purchase price of such obligations of the 
Patent and Trademark Office shall be treated as public debt 
transactions of the United States.''.

SEC. 2422. AUDITS.

    Chapter 4 of part I of title 35, United States Code, is amended by 
adding at the end the following new section:
``Sec. 43. Audits
    ``(a) In General.--Financial statements of the Patent and Trademark 
Office shall be prepared on an annual basis in accordance with 
generally accepted accounting principles. Such statements shall be 
audited by an independent certified public accountant chosen by the 
Commissioner. The audit shall be conducted in accordance with standards 
that are consistent with generally accepted Government auditing 
standards and other standards established by the Comptroller General, 
and with the generally accepted auditing standards of the private 
sector, to the extent feasible. The Commissioner shall transmit to the 
Committees on the Judiciary of the House of Representatives and the 
Senate the results of each audit under this subsection.
    ``(b) Review by Comptroller General.--The Comptroller General may 
review any audit of the financial statement of the Patent and Trademark 
Office that is conducted under subsection (a). The Comptroller General 
shall report to the Congress and the Office the results of any such 
review and shall include in such report appropriate recommendations.
    ``(c) Audit by Comptroller General.--The Comptroller General may 
audit the financial statements of the Office and such audit shall be in 
lieu of the audit required by subsection (a). The Office shall 
reimburse the Comptroller General for the cost of any audit conducted 
under this subsection.
    ``(d) Access to Office Records.--All books, financial records, 
report files, memoranda, and other property that the Comptroller 
General deems necessary for the performance of any audit shall be made 
available to the Comptroller General.
    ``(e) Applicability in Lieu of Title 31 Provisions.--This section 
applies to the Office in lieu of the provisions of section 9105 of 
title 31.''.

SEC. 2423. TRANSFERS.

    (a) Transfer of Functions.--Except as otherwise provided in this 
Act, there are transferred to, and vested in, the Patent and Trademark 
Office all functions, powers, and duties vested by law in the Secretary 
of Commerce or the Department of Commerce or in the officers or 
components in the Department of Commerce with respect to the authority 
to grant patents and register trademarks, and in the Patent and 
Trademark Office, as in effect on the day before the effective date of 
this subtitle, and in the officers and components of such Office.
    (b) Transfer of Funds and Property.--The Secretary of Commerce 
shall transfer to the Patent and Trademark Office, on the effective 
date of this subtitle, so much of the assets, liabilities, contracts, 
property, records, and unexpended and unobligated balances of 
appropriations, authorizations, allocations, and other funds employed, 
held, used, arising from, available to, or to be made available to the 
Department of Commerce, including funds set aside for accounts 
receivable which are related to functions, powers, and duties which are 
vested in the Patent and Trademark Office by this subtitle.

            CHAPTER 2--EFFECTIVE DATE; TECHNICAL AMENDMENTS

 SEC. 2431. EFFECTIVE DATE.

    This subtitle shall take effect 6 months after the date of the 
enactment of this Act.

SEC. 2432. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Amendments to Title 35.--
            (1) The table of contents for part I of title 35, United 
        States Code, is amended by amending the item relating to 
        chapter 1 to read as follows:

``1. Establishment, Officers and Employees, Functions.......       1.''
            (2) The table of sections for chapter 1 of title 35, United 
        States Code, is amended to read as follows:

     ``CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

``Sec.
 ``1. Establishment.
 ``2. Powers and duties.
 ``3. Officers and employees.
 ``4. Restrictions on officers and employees as to interest in patents.
 ``5. Patent and Trademark Office Management Advisory Board.
 ``6. Duties of Commissioner.
 ``7. Board of Patent Appeals and Interferences.
 ``8. Suits by and against the Corporation.
 ``9. Library.
``10. Classification of patents.
``11. Certified copies of records.
``12. Publications.
``13. Exchange of copies of patents with foreign countries.
``14. Copies of patents for public libraries.
``15. Annual report to Congress.''.
            (3) The table of contents for chapter 4 of part I of title 
        35, United States Code, is amended by adding at the end the 
        following new item:

``43. Audits.''.
    (b) Other Provisions of Law.--
            (1) Section 9101(3) of title 31, United States Code, is 
        amended by adding at the end the following:
                    ``(O) the Patent and Trademark Office.''.
            (2) Section 500(e) of title 5, United States Code, is 
        amended by striking ``Patent Office'' and inserting ``Patent 
        and Trademark Office''.
            (3) Section 5102(c)(23) of title 5, United States Code, is 
        amended by striking ``, Department of Commerce''.
            (4) Section 5316 of title 5, United States Code, is amended 
        by striking ``Commissioner of Patents, Department of 
        Commerce.'', ``Deputy Commissioner of Patents and 
        Trademarks.'', ``Assistant Commissioner for Patents.'', and 
        ``Assistant Commissioner for Trademarks.''.
            (5) Section 12 of the Act of February 14, 1903 (15 U.S.C. 
        1511) is amended by striking ``(d) Patent and Trademark 
        Office;'' and redesignating subsections (a) through (g) as 
        paragraphs (1) through (6), respectively.
            (6) The Act of April 12, 1892 (27 Stat. 395; 20 U.S.C. 91) 
        is amended by striking ``Patent Office'' and inserting ``Patent 
        and Trademark Office''.
            (7) Sections 505(m) and 512(o) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 355(m) and 360b(o)) are each 
        amended by striking ``of the Department of Commerce''.
            (8) Section 105(e) of the Federal Alcohol Administration 
        Act (27 U.S.C. 205(e)) is amended by striking ``Patent Office'' 
        and inserting ``Patent and Trademark Office''.
            (9) Section 1744 of title 28, United States Code is 
        amended--
                    (A) by striking ``Patent Office'' each place it 
                appears and inserting ``Patent and Trademark Office''; 
                and
                    (B) by striking ``Commissioner of Patents'' and 
                inserting ``Commissioner of Patents and Trademarks''.
            (10) Section 1745 of title 28, United States Code, is 
        amended by striking ``United States Patent Office'' and 
        inserting ``Patent and Trademark Office''.
            (11) Section 1928 of title 28, United States Code, is 
        amended by striking ``Patent Office'' and inserting ``Patent 
        and Trademark Office''.
            (12) Section 160 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2190) is amended--
                    (A) by striking ``United States Patent Office'' and 
                inserting ``Patent and Trademark Office''; and
                    (B) by striking ``Commissioner of Patents'' and 
                inserting ``Commissioner of Patents and Trademarks''.
            (13) Section 305(c) of the National Aeronautics and Space 
        Act of 1958 (42 U.S.C. 2457(c)) is amended by striking 
        ``Commissioner of Patents'' and inserting ``Commissioner of 
        Patents and Trademarks''.
            (14) Section 12(a) of the Solar Heating and Cooling 
        Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by 
        striking ``Commissioner of the Patent Office'' and inserting 
        ``Commissioner of Patents and Trademarks''.
            (15) Section 1111 of title 44, United States Code, is 
        amended by striking ``the Commissioner of Patents,''.
            (16) Section 1114 of title 44, United States Code, is 
        amended by striking ``the Commissioner of Patents,''.
            (17) Section 1123 of title 44, United States Code, is 
        amended by striking ``the Patent Office,''.
            (18) Sections 1337 and 1338 of title 44, United States 
        Code, and the items relating to those sections in the table of 
        contents for chapter 13 of such title, are repealed.
            (19) Section 10(i) of the Trading With the Enemy Act (50 
        U.S.C. App. 10(i)) is amended by striking ``Commissioner of 
        Patents'' and inserting ``Commissioner of Patents and 
        Trademarks''.
            (20) Section 8G(a)(2) of the Inspector General Act of 1978 
        (5 U.S.C. App.) is amended by inserting ``the Patent and 
        Trademark Office,'', after ``the Panama Canal Commission,''.

                  Subtitle E--Miscellaneous Provisions

SEC. 2501. REFERENCES.

    Any reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or 
pertaining to a department or office from which a function is 
transferred by this title--
            (1) to the head of such department or office is deemed to 
        refer to the head of the department or office to which such 
        function is transferred; or
            (2) to such department or office is deemed to refer to the 
        department or office to which such function is transferred.

SEC. 2502. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, a Federal official to whom a 
function is transferred by this title may, for purposes of performing 
the function, exercise all authorities under any other provision of law 
that were available with respect to the performance of that function to 
the official responsible for the performance of the function 
immediately before the effective date of the transfer of the function 
under this title.

SEC. 2503. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Secretary of Commerce, 
        the United States Trade Representative, any officer or employee 
        of any office transferred by this title, or any other 
        Government official, or by a court of competent jurisdiction, 
        in the performance of any function that is transferred by this 
        title, and
            (2) that are in effect on the effective date of such 
        transfer (or become effective after such date pursuant to their 
        terms as in effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, any other authorized official, a court of competent 
jurisdiction, or operation of law.
    (b) Proceedings.--This title shall not affect any proceedings or 
any application for any benefits, service, license, permit, 
certificate, or financial assistance pending on the date of the 
enactment of this Act before an office transferred by this title, but 
such proceedings and applications shall be continued. Orders shall be 
issued in such proceedings, appeals shall be taken therefrom, and 
payments shall be made pursuant to such orders, as if this Act had not 
been enacted, and orders issued in any such proceeding shall continue 
in effect until modified, terminated, superseded, or revoked by a duly 
authorized official, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subsection shall be considered to 
prohibit the discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same extent that such 
proceeding could have been discontinued or modified if this title had 
not been enacted.
    (c) Suits.--This title shall not affect suits commenced before the 
date of the enactment of this Act, and in all such suits, proceeding 
shall be had, appeals taken, and judgments rendered in the same manner 
and with the same effect as if this title had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Commerce or the Secretary of 
Commerce, or by or against any individual in the official capacity of 
such individual as an officer or employee of an office transferred by 
this title, shall abate by reason of the enactment of this title.
    (e) Continuance of Suits.--If any Government officer in the 
official capacity of such officer is party to a suit with respect to a 
function of the officer, and under this title such function is 
transferred to any other officer or office, then such suit shall be 
continued with the other officer or the head of such other office, as 
applicable, substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this title, any statutory requirements relating 
to notice, hearings, action upon the record, or administrative or 
judicial review that apply to any function transferred by this title 
shall apply to the exercise of such function by the head of the Federal 
agency, and other officers of the agency, to which such function is 
transferred by this title.

SEC. 2504. TRANSFER OF ASSETS.

    Except as otherwise provided in this title, so much of the 
personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds employed, used, held, 
available, or to be made available in connection with a function 
transferred to an official or agency by this title shall be available 
to the official or the head of that agency, respectively, at such time 
or times as the Director of the Office of Management and Budget directs 
for use in connection with the functions transferred.

SEC. 2505. DELEGATION AND ASSIGNMENT.

    Except as otherwise expressly prohibited by law or otherwise 
provided in this title, an official to whom functions are transferred 
under this title (including the head of any office to which functions 
are transferred under this title) may delegate any of the functions so 
transferred to such officers and employees of the office of the 
official as the official may designate, and may authorize successive 
redelegations of such functions as may be necessary or appropriate. No 
delegation of functions under this section or under any other provision 
of this title shall relieve the official to whom a function is 
transferred under this title of responsibility for the administration 
of the function.

SEC. 2506. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET 
              WITH RESPECT TO FUNCTIONS TRANSFERRED.

    (a) Determinations.--If necessary, the Director shall make any 
determination of the functions that are transferred under this title.
    (b) Incidental Transfers.--The Director, at such time or times as 
the Director shall provide, may make such determinations as may be 
necessary with regard to the functions transferred by this title, and 
to make such additional incidental dispositions of personnel, assets, 
liabilities, grants, contracts, property, records, and unexpended 
balances of appropriations, authorizations, allocations, and other 
funds held, used, arising from, available to, or to be made available 
in connection with such functions, as may be necessary to carry out the 
provisions of this title. The Director shall provide for the 
termination of the affairs of all entities terminated by this title and 
for such further measures and dispositions as may be necessary to 
effectuate the purposes of this title.

SEC. 2507. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.

    For purposes of this title, the vesting of a function in a 
department or office pursuant to reestablishment of an office shall be 
considered to be the transfer of the function.

SEC. 2508. AVAILABILITY OF EXISTING FUNDS.

    Existing appropriations and funds available for the performance of 
functions, programs, and activities terminated pursuant to this title 
shall remain available, for the duration of their period of 
availability, for necessary expenses in connection with the termination 
and resolution of such functions, programs, and activities.

SEC. 2509. DEFINITIONS.

    For purposes of this title--
            (1) the term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (2) the term `office' includes any office, administration, 
        agency, bureau, institute, council, unit, organizational 
        entity, or component thereof.

       Subtitle F--Citizens Commission on 21st Century Government

SEC. 2601. SHORT TITLE AND PURPOSE.

    (a) Short Title.--This subtitle may be cited as the ``21st Century 
Government Act''.
    (b) Purpose.--The purpose of this subtitle is to establish a 
bipartisan commission to--
            (1) identify and analyze the current functions and missions 
        of the Federal Government; and
            (2) based on that analysis, develop recommendations to 
        restructure the executive branch of the Federal Government, in 
        order to--
                    (A) focus Federal efforts on those core functions 
                and missions that the Federal Government must perform 
                in the 21st Century;
                    (B) ensure that the Federal Government performs 
                those functions as effectively and efficiently as 
                possible;
                    (C) consolidate executive organizations around 
                clear, specific missions reflecting current national 
                priorities;
                    (D) eliminate functions that do not advance current 
                national priorities;
                    (E) eliminate duplication of functions and 
                activities within and among departments and agencies;
                    (F) streamline organizational hierarchy so as to 
                reduce costs and increase accountability for 
                performance; and
                    (G) provide a basis for--
                            (i) the subsequent implementation of 
                        operational reforms for Federal agencies, 
                        including administrative consolidation and the 
                        provision of 1-stop services for citizens; and
                            (ii) more detailed structural improvements 
                        within each agency.

SEC. 2602. CITIZENS COMMISSION ON 21ST CENTURY GOVERNMENT.

    (a) Establishment.--There is established in the legislative branch 
an independent commission to be known as the Citizens Commission on 
21st Century Government (in this subtitle referred to as the 
``Commission'').
    (b) Appointment of Commissioners.--
            (1) Composition.--The Commission shall be a bipartisan body 
        composed of 11 members, who shall be appointed as follows:
                    (A) Three members shall be appointed by the Speaker 
                of the House of Representatives.
                    (B) Three members shall be appointed by the 
                majority leader of the Senate.
                    (C) Two members shall be appointed by the minority 
                leader of the House of Representatives.
                    (D) Two members shall be appointed by the minority 
                leader of the Senate.
                    (E) One member appointed jointly by the Speaker of 
                the House of Representatives and the majority leader of 
                the Senate, in consultation with the minority leaders 
                of the House of Representatives and the Senate, who 
                shall be the Chairman of the Commission.
            (2) Membership qualifications.--Any citizen of the United 
        States is eligible to be appointed as a member of the 
        Commission, except an individual serving as a Member of 
        Congress or an elected or appointed official of the executive 
        branch of the Federal Government.
            (3) Conflict of interests.--For purposes of chapter 11 of 
        title 18, United States Code, a member of the Commission shall 
        be a special Government employee.
            (4) Date of appointments.--All members of the Commission 
        shall be appointed no later than 30 days after the date of the 
        enactment of this Act.
    (c) Terms.--Each member of the Commission shall serve until the 
termination of the Commission.
    (d) Vacancies.--A vacancy on the Commission shall be filled in the 
same manner as was the original appointment.
    (e) Meetings.--The Commission shall meet as necessary to carry out 
its responsibilities.
    (f) Travel Expenses.--Members of the Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with sections 5702 and 5703 of title 5, United States Code.
    (g) Director.--
            (1) Appointment.--The Chairman, in consultation with the 
        other members of the Commission, shall appoint a Director of 
        the Commission.
            (2) Pay.--The Director shall be paid at the rate of basic 
        pay payable for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
    (h) Staff.--
            (1) Appointment.--The Director may, with the approval of 
        the Chairman, appoint and fix the pay of employees of the 
        Commission without regard to the provisions of title 5, United 
        States Code, governing appointment in the competitive service, 
        and any Commission employee may be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification and General Schedule pay 
        rates, except that a Commission employee may not receive pay in 
        excess of the annual rate of basic pay payable for level V of 
        the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (2) Detail.--(A) Upon request of the Director, the head of 
        any Federal department or agency may detail any of the 
        personnel of the department or agency to the Commission to 
        assist the Commission in carrying out its duties under this 
        subtitle. Such details may be made with or without 
        reimbursement, and shall be without interruption or loss of 
        civil service status or privilege.
            (B) Upon request of the Director, a Member of Congress or 
        an officer who is the head of an office or committee of the 
        Senate or House of Representatives or of an agency within the 
        legislative branch may detail an employee of the office or 
        committee of which such Member or officer is the head to the 
        Commission to assist the Commission in carrying out its duties 
        under this subtitle.
    (i) Support Services.--The Comptroller General of the United States 
shall provide support services to the Commission in accordance with an 
agreement entered into with the Commission.
    (j) Other Authorities.--The Commission may procure by contract, to 
the extent funds are available, the temporary or intermittent services 
of experts or consultants pursuant to section 3109 of title 5, United 
States Code. The Commission shall give public notice of any such 
contract before entering into such contract.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission $1,250,000 for fiscal year 1996 to carry 
out its responsibilities under this subtitle, to remain available until 
December 31, 1996.
    (l) Termination.--The Commission shall terminate December 31, 1996.

SEC. 2603. DEPARTMENT AND AGENCY COOPERATION.

    All Federal agencies and employees of all Federal agencies shall 
cooperate fully with all requests for information from the Commission 
and shall respond to any such request for information within 30 days or 
such other time as is agreed upon by the requesting and requested 
persons.

SEC. 2604. HEARINGS.

    The Commission shall hold such hearings as it considers 
appropriate. The Chairman of the Commission shall designate a member of 
the Commission to preside at any hearing in the absence of the 
Chairman.

SEC. 2605. COMMISSION PROCEDURES.

    (a) Startup.--The Commission may conduct business at any time after 
at least 6 of its members have been appointed in accordance with 
section 2602.
    (b) Voting.--A majority of those members of the Commission who have 
been appointed in accordance with section 2602 shall constitute a 
quorum for purposes of conducting Commission business. Any 
recommendation of the Commission shall require an affirmative vote of a 
majority of Commission members who have been appointed in accordance 
with section 2602. Members of the Commission may not vote by proxy.

SEC. 2606. FRAMEWORK FOR THE FEDERAL GOVERNMENT IN THE 21ST CENTURY.

    (a) Analysis of Current Federal Functions.--The Commission shall 
conduct a comprehensive review of the functions currently performed by 
the Federal Government, and shall analyze each such function under the 
following criteria:
            (1) Does the function have clearly defined missions and 
        objectives.
            (2) Do those missions and objectives serve a currently 
        valid and important Federal role, including analysis of 
        whether--
                    (A) there is a need for governmental action;
                    (B) the Federal Government has exclusive 
                constitutional authority to perform the function;
                    (C) the Federal Government is otherwise uniquely 
                positioned to perform the function; and
                    (D) there is a clear need for or advantage to 
                performing the function at the Federal level versus at 
                the State or local level.
            (3) Does the current Federal role constitute the most 
        effective and efficient means of achieving the objectives of 
        the function.
            (4) Does the current Federal role constitute the least 
        intrusive means of achieving the objectives with respect to 
        individual liberty and principles of Federalism.
            (5) Is there a need to enhance Federal performance of the 
        function, including analysis of whether--
                    (A) the Federal Government requires greater 
                resources or authority to perform that function;
                    (B) there are other ways of consolidating Federal 
                resources and activities directed to the function; and
                    (C) there are opportunities for participation by 
                the private sector or other levels of government.
    (b) Commission Reports and Recommendations.--
            (1) In general.--The Commission shall prepare and submit to 
        the Congress a report or reports on the results of its 
        analysis. Each report shall be made public and shall include--
                    (A) the Commission's findings and conclusions;
                    (B) the Commission's recommendations for the 
                restructuring or termination of current functions;
                    (C) the reasons for such findings, conclusions, and 
                recommendations; and
                    (D) a complete description of the Commission's 
                deliberations, including a discussion of any major 
                points on which the members had significant 
                disagreements.
            (2) Report on matters of highest priority.--Not later than 
        July 31, 1996, the Commission shall submit a report containing 
        those findings, conclusions, and recommendations that the 
        Commission considers to be of highest priority.
            (3) Additional reports.--The Commission may submit such 
        additional reports under this section as it considers 
        appropriate, and at such times on or before December 31, 1996, 
        as it considers appropriate.

SEC. 2607. PROPOSAL FOR REORGANIZING THE EXECUTIVE BRANCH.

    (a) In General.--The Commission shall--
            (1) examine all significant issues related to the 
        organization of the executive branch of the Federal Government; 
        and
            (2) develop organizational recommendations to eliminate 
        duplication, reduce costs, streamline operations, and improve 
        performance and accountability in Federal departments and 
        agencies.
    (b) Legislative Proposal.--The recommendations of the Commission 
under this section shall be encompassed in a single legislative 
proposal under section 2608 which implements a comprehensive 
reorganization and restructuring plan for the executive branch and 
which addresses, among other issues, the following:
            (1) Whether the Federal Government should include fewer 
        departments, each with clear, specific missions and goals, and 
        if so, what those departments should be.
            (2) Whether and how to ensure that similar functions of 
        Government, such as statistical, science, or trade functions, 
        are consolidated within a single department or agency.
            (3) Whether and how significant common administrative 
        functions should be consolidated within one executive 
        organization.
            (4) Whether a single department-level office should be 
        designated with responsibility for representation and oversight 
        within the White House of all independent agencies of the 
        executive branch.
            (5) Whether and how a streamlined hierarchical structure 
        can be provided within each department and agency.
    (c) Other Recommendations.--The Commission may also make additional 
recommendations which it determines will enhance the operational 
effectiveness of the organizational recommendations. Such 
recommendations shall not be included in any draft implementation bill 
to be considered under section 2609, but may be submitted separately to 
the Congress.

SEC. 2608. PROCEDURES FOR MAKING RECOMMENDATIONS.

    (a) Commission Report.--No later than December 31, 1996, the 
Commission shall prepare and submit to the Congress a single report, 
which shall be made public, and which shall include--
            (1) a description of the Commission's findings and 
        recommendations pursuant to section 2607;
            (2) the reasons for such recommendations; and
            (3) a single proposal consisting of draft legislation to 
        implement those recommendations for which legislation is 
        appropriate.
    (b) Review and Comment by the President.--No later than March 31, 
1997, the President shall submit to the Congress an evaluation of the 
Commission's report under this section, together with any 
recommendations that the President considers appropriate.

SEC. 2609. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.

    (a) Definitions.--For purposes of this section--
            (1) the term ``implementation bill'' means only a bill 
        which is introduced as provided under subsection (b), and 
        consists of the draft legislation contained in the report 
        submitted to Congress under section 2608; and
            (2) the term ``calendar day of session'' means a calendar 
        day other than one on which either House is not in session 
        because of an adjournment of more than 3 days to a date 
        certain.
    (b) Introduction, Referral, and Report or Discharge.--
            (1) Introduction.--On the first calendar day of session on 
        which both Houses are in session immediately following April 
        15, 1997, a bill consisting of the draft legislation contained 
        in the report submitted to Congress under section 2608 shall be 
        introduced (by request)--
                    (A) in the Senate by the majority leader or by any 
                Member designated by the majority leader; and
                    (B) in the House of Representatives by the majority 
                leader or by any Member designated by the majority.
        If such a bill is not introduced in either House as provided in 
        the preceding session within 3 calendar days of session after 
        such first calendar day of session, then any Member of that 
        House may introduce such a bill.
            (2) Referral.--The implementation bill introduced in the 
        Senate under paragraph (1) shall be referred concurrently to 
        the Committee on Governmental Affairs of the Senate and other 
        committees with jurisdiction.
            (3) Report or discharge.--If any committee to which an 
        implementation bill is referred has not reported such bill by 
        the end of the 15th calendar day of session after the date of 
        introduction of such bill, such committee shall be immediately 
        discharged from further consideration of such bill, and upon 
        being reported or discharged from all committees, such bill 
        shall be placed on the appropriate calendar of the House 
        involved.
    (c) Procedures for Consideration by the Senate.--
            (1) In general.--On or after the second calendar day of 
        session after the date on which an implementation bill is 
        placed on the Senate calendar, it is in order (even though a 
        previous motion to the same effect has been disagreed to) for 
        any Senator to move to proceed to the consideration of the 
        implementation bill (but only on the day after the calendar day 
        of session on which such Senator announces on the floor of the 
        Senate the Senator's intention to do so). All points of order 
        against the implementation bill (and against consideration of 
        the implementation bill) are waived. The motion is privileged 
        and is not debatable. The motion is not subject to amendment, 
        or to a motion to postpone, or to a motion to proceed to the 
        consideration of other business. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of the 
        implementation bill is agreed to, the Senate shall immediately 
        proceed to consideration of the implementation bill without 
        intervening motion, order, or other business, and the 
        implementation bill shall remain the unfinished business of the 
        Senate until disposed of.
            (2) Debate.--Debate on the implementation bill, and on all 
        debatable motions and appeals in connection therewith, shall be 
        limited to not more than 10 hours, which shall be divided 
        equally between the majority leader and the minority leader or 
        their designees. An amendment to the implementation bill is not 
        in order. A motion further to limit debate is in order and not 
        debatable. A motion to postpone, or a motion to proceed to the 
        consideration of other business, or a motion to recommit the 
        implementation bill is not in order. A motion to reconsider the 
        vote by which the implementation bill is agreed to or disagreed 
        to is not in order.
            (3) Motion to suspend or waive application.--No motion to 
        suspend or waive the application of this subsection shall be in 
        order, except by unanimous consent.
            (4) Appeals from chair.--Appeals from the decisions of the 
        Chair relating to the application of the rules of the Senate to 
        the procedure relating to an implementation bill shall be 
        decided without debate.
            (5) Final passage.--Immediately following the conclusion of 
        the debate on an implementation bill and a single quorum call 
        at the conclusion of the debate if requested in accordance with 
        the rules of the Senate, the vote on final passage of the 
        implementation bill shall occur.
    (d) Consideration by Other House.--
            (1) In general.--If, before the passage by the Senate of an 
        implementation bill, the Senate receives from the House of 
        Representatives an implementation bill, then the following 
        procedures shall apply:
                    (A) The implementation bill of the House of 
                Representatives shall not be referred to a committee 
                and may not be considered in the Senate except in the 
                case of final passage as provided in subparagraph 
                (B)(ii).
                    (B) With respect to an implementation bill of the 
                Senate--
                            (i) the procedure in the Senate shall be 
                        the same as if no implementation bill had been 
                        received from the House of Representatives; but
                            (ii) the vote on final passage shall be on 
                        the implementation bill of the House of 
                        Representatives.
            (2) Final disposition.--Upon disposition of the 
        implementation bill received from the House of Representatives, 
        it shall no longer be in order to consider the implementation 
        bill that originated in the Senate.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of an implementation bill, and it 
        supersedes other rules only to the extent that it is 
        inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change its rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 2610. DISTRIBUTION OF ASSETS.

    Any proceeds from the sale of assets of any department or agency 
resulting from the enactment of an implementation bill under section 
2609 shall be--
            (1) applied to reduce the Federal deficit; and
            (2) deposited in the Treasury and treated as general 
        receipts.

SEC. 2611. AGENCY DEFINED.

    For purposes of this subtitle, the term ``agency'' means each 
authority of the Federal Government, including all departments, 
independent agencies, government-sponsored enterprises, and Government 
corporations, except the legislative branch, judicial branch, the 
governments of the territories or possessions of the United States, or 
the District of Columbia.

                      TITLE III--REGULATORY REFORM

SEC. 3001. SHORT TITLE.

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

SEC. 3002. ANALYSIS OF AGENCY RULES.

    (a) In General.--(1) Section 551 of title 5, United States Code, is 
amended by striking ``and'' at the end of paragraph (13), by striking 
the period at the end of paragraph (14) and inserting a semicolon, and 
by adding at the end the following:
            ``(15) `major rule' means any rule subject to section 
        553(c) that is likely to result in--
                    ``(A) an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions, or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, in- 
        novation, or on the ability of United States-based enterprises 
        to compete with foreign-based enterprises in domestic and 
        export markets;
            ``(16) `Director' means the Director of the Office of 
        Management and Budget;
            ``(17) `cost' means the reasonably identifiable significant 
        adverse effects, quantifiable and nonquantifiable, including 
        social, environmental, health, and economic effects that are 
        expected to result directly or indirectly from implementation 
        of a rule or other agency action;
            ``(18) `cost-benefit analysis' means an evaluation of the 
        costs and benefits of a rule, quantified to the extent feasible 
        and appropriate and otherwise qualitatively described, that is 
        prepared in accordance with the requirements of this subchapter 
        at the level of detail appropriate and practicable for reasoned 
        decision making on the matter involved, taking into 
        consideration the significance and complexity of the decision 
        and any need for expedition; and
            ``(19) `reasonable alternatives' means the range of 
        reasonable regulatory options that the agency has authority to 
        consider under the statute granting rulemaking authority, 
        including flexible regulatory options, unless precluded by the 
        statute granting the rulemaking authority.''.
    (2) Section 553 of title 5, United States Code, is amended by 
adding at the end the following:
    ``(f)(1) Each agency shall for a proposed major rule publish in the 
Federal Register, at least 90 days before the date of publication of 
the general notice required under subsection (b), a notice of intent to 
engage in rulemaking.
    ``(2) A notice under paragraph (1) for a proposed major rule shall 
include, to the extent possible, the information required to be 
included in a regulatory impact analysis for the rule under subsection 
(i)(4)(B) and (D).
    ``(3) For a major rule proposed by an agency, the head of the 
agency shall include in a general notice under subsection (b), a 
preliminary regulatory impact analysis for the rule prepared in 
accordance with subsection (i).
    ``(4) For a final major rule, the agency shall include with the 
statement of basis and purpose--
            ``(A) a summary of a final regulatory impact analysis of 
        the rule in accordance with subsection (i); and
            ``(B) a clear delineation of all changes in the information 
        included in the final regulatory impact analysis under 
        subsection (i) from any such information that was included in 
        the notice for the rule under subsection (b).
The agency shall provide the complete text of a final regulatory impact 
analysis upon request.
    ``(5) The issuance of a notice of intent to engage in rulemaking 
under paragraph (1) and the issuance of a preliminary regulatory impact 
analysis under paragraph (3) shall not be considered final agency 
action for purposes of section 704.
    ``(6) In a rulemaking involving a major rule, the agency conducting 
the rulemaking shall make a written record describing the subject of 
all contacts the agency made with persons outside the agency relating 
to such rulemaking. If the contact was made with a non-governmental 
person, the written record of such contact shall be made available, 
upon request to the public.''.
    (3)(A) Hearing Requirement.--Section 553 of title 5, United States 
Code, is further amended by adding after subsection (f) the following:
    ``(g) If more than 100 interested persons acting individually 
submit requests for a hearing to an agency regarding any major rule 
proposed by the agency, the agency shall hold such a hearing on the 
proposed rule.''.
    (B) Extension of Comment Period.--Section 553 of title 5, United 
States Code is further amended by adding after subsection (g) the 
following:
    ``(h) If during the 90-day period beginning on the date of 
publication of a notice under subsection (f) for a proposed major rule, 
or if during the period beginning on the date of publication or service 
of notice required by subsection (b) for a proposed major rule, more 
than 100 persons individually contact the agency to request an 
extension of the period for making submissions under subsection (c) 
pursuant to the notice, the agency--
            ``(1) shall provide an additional 30-day period for making 
        those submissions; and
            ``(2) may not adopt the rule until after the additional 
        period.''.
    (C) Response to Comments.--Section 553(c) of title 5, United States 
Code, is amended--
            (i) by inserting ``(1)'' after ``(c)''; and
            (ii) by adding at the end the following:
    ``(2) Each agency shall publish in the Federal Register, with each 
rule published under section 552(a)(1)(D), responses to the substance 
of the comments received by the agency regarding the rule.''.
    (4) Section 553 of title 5, United States Code, is further amended 
by adding after subsection (h) the following:
    ``(i)(1) Each agency shall, in connection with every major rule, 
prepare, and, to the extent permitted by law, consider, a regulatory 
impact analysis. Such analysis may be combined with any regulatory 
flexibility analysis performed under sections 603 and 604.
    ``(2) Each agency shall initially determine whether a rule it 
intends to propose or issue is a major rule. The Director shall have 
authority to order a rule to be treated as a major rule and to require 
any set of related rules to be considered together as a major rule.
    ``(3) Except as provided in subsection (j), agencies shall 
prepare--
            ``(A) a preliminary regulatory impact analysis, which shall 
        be transmitted, along with a notice of proposed rulemaking, to 
        the Director at least 60 days prior to the publication of 
        notice of proposed rulemaking, and
            ``(B) a final regulatory impact analysis, which shall be 
        transmitted along with the final rule at least 30 days prior to 
        the publication of a major rule.
    ``(4) Each preliminary and final regulatory impact analysis shall 
contain the following information:
            ``(A) A description of the potential benefits of the rule, 
        including any beneficial effects that cannot be quantified in 
        monetary terms and the identification of those likely to 
        receive the benefits.
            ``(B) An explanation of the necessity, legal authority, and 
        reasonableness of the rule and a description of the condition 
        that the rule is to address.
            ``(C) A description of the potential costs of the rule, 
        including any adverse effects that cannot be quantified in 
        monetary terms, and the identification of those likely to bear 
        the costs.
            ``(D) An analysis of alternative approaches, including 
        market based mechanisms or other flexible regulatory options 
        that could substantially achieve the same regulatory goal at a 
        lower cost and an explanation of the reasons why such 
        alternative approaches were not adopted, together with a 
        demonstration that the rule provides for the least costly 
        approach.
            ``(E) A statement that the rule does not conflict with, or 
        duplicate, any other rule or a statement of the reasons why 
        such a conflict or duplication exists.
            ``(F) A statement of whether the rule will require on-site 
        inspections or whether persons will be required by the rule to 
        maintain any records which will be subject to inspection, and a 
        statement of whether the rule will require persons to obtain 
        licenses, permits, or other certifications, including 
        specification of any associated fees or fines.
            ``(G) An estimate of the costs to the agency for 
        implementation and enforcement of the rule and of whether the 
        agency can be reasonably expected to implement the rule with 
        the current level of appropriations.
    ``(5)(A) the Director is authorized to review and prepare comments 
on any preliminary or final regulatory impact analysis, notice of 
proposed rulemaking, or final rule based on the requirements of this 
subsection.
    ``(B) Upon the request of the Director, an agency shall consult 
with the Director concerning the review of a preliminary impact 
analysis or notice of proposed rulemaking and shall refrain from 
publishing its preliminary regulatory impact analysis or notice of 
proposed rulemaking until such review is concluded. The Director's 
review may not take longer than 90 days after the date of the request 
of the Director.
    ``(6)(A) An agency may not adopt a major rule unless the final 
regulatory impact analysis for the rule is approved or commented upon 
in writing by the Director or by an individual designated by the 
Director for that purpose.
    ``(B) Upon receiving notice that the Director intends to comment in 
writing with respect to any final regulatory impact analysis or final 
rule, the agency shall refrain from publishing its final regulatory 
impact analysis or final rule until the agency has responded to the 
Director's comments and incorporated those comments in the agency's 
response in the rulemaking file.
    ``(7)(A) Except as provided in subparagrph (B), no final major rule 
subject to this section shall be promulgated unless the agency head 
publishes in the Federal Register a finding that--
            ''(i) the benefits of the rule justify the costs of the 
        rule; and
            ``(ii) the rule employs to the extent practicable flexible 
        alternatives as set forth in paragraph (4)(D) and adopts the 
        reasonable alternative which has the greater net benefits and 
        achieves the objectives of the statute.
    ``(B) If, applying the statutory requirements upon which the rule 
is based, a rule cannot satisfy the criteria of subparagraph (A), the 
agency head may promulgate the rule if the agency head finds that--
            ``(i) the rule employs to the extent practicable flexible 
        reasonable alternatives of the type described in paragraph 
        (4)(D); and
            ``(ii) the rule adopts the alternative with the least net 
        cost of the reasonable alternatives that achieve the objectives 
        of the statute.
    ``(8) Notwithstanding section 551(16), for purposes of this 
subsection with regard to any rule proposed or issued by an appropriate 
Federal banking agency (as that term is defined in section 3(q) of the 
Federal Deposit Insurance Act (12 U.S.C. 1813(q)), the National Credit 
Union Administration, or the Office of Federal Housing Enterprise 
Oversight, the term `Director' means the head of such agency, 
Administration, or Office.''.
    (5) Section 553 of title 5, United States Code, is further amended 
by adding after subsection (i) the following:
    ``(j) To the extent practicable, the head of an agency shall seek 
to ensure that any proposed major rule or regulatory impact analysis of 
such a rule is written in a reasonably simple and understandable manner 
and provides adequate notice of the content of the rule to affected 
persons.''.
    (6) Section 553 of title 5, United States Code, is further amended 
by adding after subsection (j) the following:
    ``(k)(1) The provisions of this section regarding major rules shall 
not apply if--
            ``(A) the agency for good cause finds that conducting cost-
        benefit analysis is impracticable due to an emergency, or 
        health or safety threat, or a food safety threat that is likely 
        to result in significant harm to the public or natural 
        resources; and
            ``(B) the agency publishes in the Federal Register, 
        together with such finding, a succinct statement of the basis 
        for the finding.
    ``(2) Not later than one year after the promulgation of a final 
major rule to which paragraph (1) applies, the agency shall comply with 
the provisions of this subchapter and, as thereafter necessary, revise 
the rule.
    (7) Section 553 of title 5, United States Code, is further amended 
by adding after subsection (k) the following:
    ``(l) The provisions of this section regarding major rules shall 
not apply to--
            ``(1) any regulation proposed or issued in connection with 
        the implementation of monetary policy or to ensure the safety 
        and soundness of federally insured depository institutions, any 
        affiliate of such institution, credit unions, or government 
        sponsored housing enterprises regulated by the Office of 
        Federal Housing Enterprise Oversight;
            ``(2) any agency action that the head of the agency 
        certifies is limited to interpreting, implementing, or 
        administering the internal revenue laws of the United States, 
        including any regulation proposed or issued in connection with 
        ensuring the collection of taxes from a subsidiary of a foreign 
        company doing business in the United States; and
            ``(3) any regulation proposed or issued pursuant to section 
        553 of title 5, United States Code, in connection with imposing 
        trade sanctions against any country that engages in illegal 
        trade activities against the United States that are injurious 
        to American technology, jobs, pensions, or general economic 
        well-being.''.
    (8) The Director of the Office of Management and Budget shall 
submit a report to the Congress no later than 24 months after the date 
of the enactment of this Act containing an analysis of rulemaking 
procedures of Federal agencies and an analysis of the impact of those 
rulemaking procedures on the regulated public and regulatory process.
    (9) The amendments made by this subsection shall apply only to 
final agency rules issued after rulemaking begun after the date of 
enactment of this Act.

SEC. 3003. RISK ASSESSMENT.

    (a) In General.--Chapter 6 of title 5, United States Code, is 
amended by adding at the end the following:

                   ``SUBCHAPTER III--RISK ASSESSMENTS

``Sec. 631. Short title
    ``This subchapter may be cited as the `Risk Assessment and 
Communication Act of 1995'.
``Sec. 632. Purposes
    ``The purposes of this subchapter are--
            ``(1) to present the public and executive branch with the 
        most scientifically objective and unbiased information 
        concerning the nature and magnitude of health, safety, and 
        environmental risks in order to provide for sound regulatory 
        decisions and public education;
            ``(2) to provide for full consideration and discussion of 
        relevant data and potential methodologies;
            ``(3) to require explanation of significant choices in the 
        risk assessment process which will allow for better peer review 
        and public understanding; and
            ``(4) to improve consistency within the executive branch in 
        preparing risk assessments and risk characterizations.
``Sec. 633. Effective date; applicability; savings provisions
    ``(a) Effective Date.--Except as otherwise specifically provided in 
this subchapter, the provisions of this subchapter shall take effect 18 
months after the date of enactment of this subchapter.
    ``(b) Applicability.--
            ``(1) In general.--Except as provided in paragraph (3), 
        this subchapter applies to all significant risk assessment 
        documents and significant risk characterization documents, as 
        defined in paragraph (2).
            ``(2) Significant risk assessment document or significant 
        risk characterization document.--(A) As used in this 
        subchapter, the terms `significant risk assessment document' 
        and `significant risk characterization document' include, at a 
        minimum, risk assessment documents or risk characterization 
        documents prepared by or on behalf of a covered Federal agency 
        in the implementation of a regulatory program designed to 
        protect human health, safety, or the environment, used as a 
        basis for one of the items referred to in subparagraph (B), 
        and--
                    ``(i) included by the agency in that item; or
                    ``(ii) inserted by the agency in the administrative 
                record for that item.
            ``(B) The items referred to in subparagraph (A) are the 
        following:
                    ``(i) Any proposed or final major rule, including 
                any analysis or certification under subchapter II, 
                promulgated as part of any Federal regulatory program 
                designed to protect human health, safety, or the 
                environment.
                    ``(ii) Any proposed or final environmental clean-up 
                plan for a facility or Federal guidelines for the 
                issuance of any such plan. As used in this clause, the 
                term `environmental clean-up' means a corrective action 
                under the Solid Waste Disposal Act, a removal or 
                remedial action under the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980, and 
                any other environmental restoration and waste 
                management carried out by or on behalf of a covered 
                Federal agency with respect to any substance other than 
                municipal waste.
                    ``(iii) Any proposed or final permit condition 
                placing a restriction on facility siting or operation 
                under Federal laws administered by the Environmental 
                Protection Agency or the Department of the Interior. 
                Nothing in this section (iii) shall apply to the 
                requirements of section 404 of the Clean Water Act.
                    ``(iv) Any report to Congress.
                    ``(v) Any regulatory action to place a substance on 
                any official list of carcinogens or toxic or hazardous 
                substances or to place a new health effects value on 
                such list, including the Integrated Risk Information 
                System Database maintained by the Environmental 
                Protection Agency.
                    ``(vi) Any guidance, including protocols of general 
                applicability, establishing policy regarding risk 
                assessment or risk characterization.
            ``(C) The terms `significant risk assessment document' and 
        `significant risk characterization document' shall also include 
        the following:
                    ``(i) Any such risk assessment and risk 
                characterization documents provided by a covered 
                Federal agency to the public and which are likely to 
                result in an annual effect on the economy of 
                $75,000,000 or more.
                    ``(ii) Environmental restoration and waste 
                management carried out by or on behalf of the 
                Department of Defense with respect to any substance 
                other than municipal waste.
            ``(D) Within 15 months after the date of the enactment of 
        this subchapter, each covered Federal agency administering a 
        regulatory program designed to protect human health, safety, or 
        the environment shall promulgate a rule establishing those 
        additional categories, if any, of risk assessment and risk 
        characterization documents prepared by or on behalf of the 
        covered Federal agency that the agency will consider 
        significant risk assessment documents or significant risk 
        characterization documents for purposes of this subchapter. In 
        establishing such categories, the head of the agency shall 
        consider each of the following:
                    ``(i) The benefits of consistent compliance by 
                documents of the covered Federal agency in the 
                categories.
                    ``(ii) The administrative burdens of including 
                documents in the categories.
                    ``(iii) The need to make expeditious administrative 
                decisions regarding documents in the categories.
                    ``(iv) The possible use of a risk assessment or 
                risk characterization in any compilation of risk 
                hazards or health or environmental effects prepared by 
                an agency and commonly made available to, or used by, 
                any Federal, State, or local government agency.
                    ``(v) Such other factors as may be appropriate.
            ``(E)(i) Not later than 18 months after the date of the 
        enactment of this subchapter, the President, acting through the 
        Director of the Office of Management and Budget, shall 
        determine whether any other Federal agencies should be 
        considered covered Federal agencies for purposes of this 
        subchapter. Such determination, with respect to a particular 
        Federal agency, shall be based on the impact of risk assessment 
        documents and risk characterization documents on--
                    ``(I) regulatory programs administered by that 
                agency; and
                    ``(II) the communication of risk information by 
                that agency to the public.
        The effective date of such a determination shall be no later 
        than 6 months after the date of the determination.
            ``(ii) Not later than 15 months after the President, acting 
        through the Director of the Office of Management and Budget, 
        determines pursuant to clause (i) that a Federal agency should 
        be considered a covered Federal agency for purposes of this 
        subchapter, the head of that agency shall promulgate a rule 
        pursuant to subparagraph (D) to establish additional categories 
        of risk assessment and risk characterization documents 
        described in that subparagraph.
            ``(3) Exceptions.--(A) This subchapter does not apply to 
        risk assessment or risk characterization documents containing 
        risk assessments or risk characterizations performed with 
        respect to the following:
                    ``(i) A screening analysis, where appropriately 
                labeled as such, including a screening analysis for 
                purposes of product regulation or premanufacturing 
                notices.
                    ``(ii) Any health, safety, or environmental 
                inspections.
                    ``(iii) The sale or lease of Federal resources or 
                regulatory activities that directly result in the 
                collection of Federal receipts.
            ``(B) No analysis shall be treated as a screening analysis 
        for purposes of subparagraph (A) if the results of such 
        analysis are used as the basis for imposing restrictions on 
        substances or activities.
            ``(C) The risk assessment principle set forth in this 
        634(b)(1) need not apply to any risk assessment or risk 
        characterization document described in clause (iii) of 
        paragraph (2)(B). The risk characterization and communication 
        principle set forth in section 635(4) need not apply to any 
        risk assessment or risk characterization document described in 
        clause (v) or (vi) of paragraph (2)(B).
    ``(c) Savings Provisions.--The provisions of this subchapter shall 
be supplemental to any other provisions of law relating to risk 
assessments and risk characterizations, except that nothing in this 
subchapter shall be construed to modify any statutory standard or 
statutory requirement designed to protect health, safety, or the 
environment. Nothing in this subchapter shall be interpreted to 
preclude the consideration of any data or the calculation of any 
estimate to more fully describe risk or provide examples of scientific 
uncertainty or variability. Nothing in this subchapter shall be 
construed to require the disclosure of any trade secret or other 
confidential information.
``Sec. 634. Principles for risk assessment
    ``(a) In General.--The head of each covered Federal agency shall 
apply the principles set forth in subsection (b) in order to assure 
that significant risk assessment documents and all of their components 
distinguish scientific findings from other considerations and are, to 
the extent feasible, scientifically objective, unbiased, and inclusive 
of all relevant data and rely, to the extent available and practicable, 
on scientific findings. Discussions or explanations required under this 
section need not be repeated in each risk assessment document as long 
as there is a reference to the relevant discussion or explanation in 
another agency document which is available to the public.
    ``(b) Principles.--The principles to be applied are as follows:
            ``(1) When discussing human health risks, a significant 
        risk assessment document shall contain a discussion of both 
        relevant laboratory and relevant epidemiological data of 
        sufficient quality which finds, or fails to find, a correlation 
        between health risks and a potential toxin or activity. Where 
        conflicts among such data appear to exist, or where animal data 
        is used as a basis to assess human health, the significant risk 
        assessment document shall, to the extent feasible and 
        appropriate, include discussion of possible reconciliation of 
        conflicting information, and as relevant, differences in study 
        designs, comparative physiology, routes of exposure, 
        bioavailability, pharmacokinetics, and any other relevant 
        factor, including the sufficiency of basic data for review. The 
        discussion of possible reconciliation should indicate whether 
        there is a biological basis to assume a resulting harm in 
        humans. Animal data shall be reviewed with regard to its 
        relevancy to humans.
            ``(2) Where a significant risk assessment document involves 
        selection of any significant assumption, inference, or model, 
        the document shall, to the extent feasible--
                    ``(A) present a representative list and explanation 
                of plausible and alternative assumptions, inferences, 
                or models;
                    ``(B) explain the basis for any choices;
                    ``(C) identify any policy or value judgments;
                    ``(D) fully describe any model used in the risk 
                assessment and make explicit the assumptions 
                incorporated in the model; and
                    ``(E) indicate the extent to which any significant 
                model has been validated by, or conflicts with, 
                empirical data.
``Sec. 635. Principles for risk characterization and communication
    ``Each significant risk characterization document shall meet each 
of the following requirements:
            ``(1) Estimates of risk.--The risk characterization shall 
        describe the populations or natural resources which are the 
        subject of the risk characterization. If a numerical estimate 
        of risk is provided, the agency shall, to the extent feasible, 
        provide--
                    ``(A) the best estimate or estimates for the 
                specific populations or natural resources which are the 
                subject of the characterization (based on the 
                information available to the Federal agency); and
                    ``(B) a statement of the reasonable range of 
                scientific uncertainties.
        In addition to such best estimate or estimates, the risk 
        characterization document may present plausible upper-bound or 
        conservative estimates in conjunction with plausible lower 
        bound estimates. Where appropriate, the risk characterization 
        document may present, in lieu of a single best estimate, 
        multiple best estimates based on assumptions, inferences, or 
        models which are equally plausible, given current scientific 
        understanding. To the extent practical and appropriate, the 
        document shall provide descriptions of the distribution and 
        probability of risk estimates to reflect differences in 
        exposure variability or sensitivity in populations and 
        attendant uncertainties. Sensitive subpopulations or highly 
        exposed subpopulations include, where relevant and appropriate, 
        children, the elderly, pregnant women, and disabled persons.
            ``(2) Exposure scenarios.--The risk characterization 
        document shall explain the exposure scenarios used in any risk 
        assessment, and, to the extent feasible, provide a statement of 
        the size of the corresponding population at risk and the 
        likelihood of such exposure scenarios.
            ``(3) Comparisons.--The document shall contain a statement 
        that places the nature and magnitude of risks to human health, 
        safety, or the environment in context. Such statement shall, to 
        the extent feasible, provide comparisons with estimates of 
        greater, lesser, and substantially equivalent risks that are 
        familiar to and routinely encountered by the general public as 
        well as other risks, and, where appropriate and meaningful, 
        comparisons of those risks with other similar risks regulated 
        by the Federal agency resulting from comparable activities and 
        exposure pathways. Such comparisons should consider relevant 
        distinctions among risks, such as the voluntary or involuntary 
        nature of risks and the preventability or nonpreventability of 
        risks.
            ``(4) Substitution risks.--Each significant risk assessment 
        or risk characterization document shall include a statement of 
        any significant substitution risks to human health, where 
        information on such risks has been provided to the agency.
            ``(5) Summaries of other risk estimates.--If--
                    ``(A) a commenter provides a covered Federal agency 
                with a relevant risk assessment document or a risk 
                characterization document, and a summary thereof, 
                during a public comment provided by the agency for a 
                significant risk assessment document or a significant 
                risk characterization document, or, where no comment 
                period is provided but a commenter provides the covered 
                Federal agency with the relevant risk assessment 
                document or risk characterization document, and a 
                summary thereof, in a timely fashion, and
                    ``(B) the risk assessment document or risk 
                characterization document is consistent with the 
                principles and the guidance provided under this 
                subchapter,
        the agency shall, to the extent feasible, present such summary 
        in connection with the presentation of the agency's significant 
        risk assessment document or significant risk characterization 
        document. Nothing in this paragraph shall be construed to limit 
        the inclusion of any comments or material supplied by any 
        person to the administrative record of any proceeding.
A document may satisfy the requirements of paragraph (3), (4) or (5) by 
reference to information or material otherwise available to the public 
if the document provides a brief summary of such information or 
material.
``Sec. 636. Recommendations or classifications by a non-United States-
              based entity
    ``No covered Federal agency shall automatically incorporate or 
adopt any recommendation or classification made by a non-United States-
based entity concerning the health effects value of a substance without 
an opportunity for notice and comment, and any risk assessment document 
or risk characterization document adopted by a covered Federal agency 
on the basis of such a recommendation or classification shall comply 
with the provisions of this subchapter. For the purposes of this 
section, the term `non-United States-based entity' means--
            ``(1) any foreign government and its agencies;
            ``(2) the United Nations or any of its subsidiary 
        organizations;
            ``(3) any other international governmental body or 
        international standards-making organization; or
            ``(4) any other organization or private entity without a 
        place of business located in the United States or its 
        territories.
``Sec. 637. Guidelines and report
    ``(a) Guidelines.--Within 15 months after the date of enactment of 
this subchapter, the President shall issue guidelines for Federal 
agencies consistent with the risk assessment and characterization 
principles set forth in sections 634 and 635 and shall provide a format 
for summarizing risk assessment results. In addition, such guidelines 
shall include guidance on at least the following subjects: criteria for 
scaling animal studies to assess risks to human health; use of 
different types of dose-response models; thresholds; definitions, use, 
and interpretations of the maximum tolerated dose; weighting of 
evidence with respect to extrapolating human health risks from 
sensitive species; evaluation of benign tumors, and evaluation of 
different human health endpoints.
    ``(b) Report.--Within 3 years after the date of the enactment of 
this subchapter, each covered Federal agency shall provide a report to 
the Congress evaluating the categories of policy and value judgments 
identified under subparagraph (C) of section 634(b)(2).
    ``(c) Public Comment and Consultation.--The guidelines and report 
under this section, shall be developed after notice and opportunity for 
public comment, and after consultation with representatives of 
appropriate State, local, and tribal governments, and such other 
departments and agencies, offices, organizations, or persons as may be 
advisable.
    ``(d) Review.--The President shall review and, where appropriate, 
revise the guidelines published under this section at least every 4 
years.
``Sec. 638. Research and training in risk assessment
    ``(a) Evaluation.--The head of each covered agency shall regularly 
and systematically evaluate risk assessment research and training needs 
of the agency, including, where relevant and appropriate, the 
following:
            ``(1) Research to reduce generic data gaps, to address 
        modelling needs (including improved model sensitivity), and to 
        validate default options, particularly those common to multiple 
        risk assessments.
            ``(2) Research leading to improvement of methods to 
        quantify and communicate uncertainty and variability among 
        individuals, species, populations, and, in the case of 
        ecological risk assessment, ecological communities.
            ``(3) Emerging and future areas of research, including 
        research on comparative risk analysis, exposure to multiple 
        chemicals and other stressors, noncancer endpoints, biological 
        markers of exposure and effect, mechanisms of action in both 
        mammalian and nonmammalian species, dynamics and probabilities 
        of physiological and ecosystem exposures, and prediction of 
        ecosystem-level responses.
            ``(4) Long-term needs to adequately train individuals in 
        risk assessment and risk assessment application. Evaluations 
        under this paragraph shall include an estimate of the resources 
        needed to provide necessary training.
    ``(b) Strategy and Actions To Meet Identified Needs.--The head of 
each covered agency shall develop a strategy and schedule for carrying 
out research and training to meet the needs identified in subsection 
(a).
    ``(c) Report.--Not later than 6 months after the date of the 
enactment of this subchapter, the head of each covered agency shall 
submit to the Congress a report on the evaluations conducted under 
subsection ``(a) and the strategy and schedule developed under 
subsection ``(b). The head of each covered agency shall report to the 
Congress periodically on the evaluations, strategy, and schedule.
``Sec. 639. Study of comparative risk analysis
    ``(a) In General.--(1) The Director of the Office of Management and 
Budget, in consultation with the Office of Science and Technology 
Policy, shall conduct, or provide for the conduct of, a study using 
comparative risk analysis to rank health, safety, and environmental 
risks and to provide a common basis for evaluating strategies for 
reducing or preventing those risks. The goal of the study shall be to 
improve methods of comparative risk analysis.
    ``(2) Not later than 90 days after the date of the enactment of 
this subchapter, the Director, in collaboration with the heads of 
appropriate Federal agencies, shall enter into a contract with the 
National Research Council to provide technical guidance on approaches 
to using comparative risk analysis and other considerations in setting 
health, safety, and environmental risk reduction priorities.
    ``(b) Scope of Study.--The study shall have sufficient scope and 
breadth to evaluate comparative risk analysis and to test approaches 
for improving comparative risk analysis and its use in setting 
priorities for health, safety, and environmental risk reduction. The 
study shall compare and evaluate a range of diverse health, safety, and 
environmental risks.
    ``(c) Study Participants.--In conducting the study, the Director 
shall provide for the participation of a range of individuals with 
varying backgrounds and expertise, both technical and nontechnical, 
comprising broad representation of the public and private sectors.
    ``(d) Duration.--The study shall begin within 180 days after the 
date of the enactment of this subchapter and terminate within 2 years 
after the date on which it began.
    ``(e) Recommendations for Improving Comparative Risk Analysis and 
Its Use.--Not later than 90 days after the termination of the study, 
the Director shall submit to the Congress the report of the National 
Research Council with recommendations regarding the use of comparative 
risk analysis and ways to improve the use of comparative risk analysis 
for decision-making in appropriate Federal agencies.
``Sec. 639a. Definitions
    ``For purposes of this subchapter:
            ``(1) Risk assessment document.--The term `risk assessment 
        document' means a document containing the explanation of how 
        hazards associated with a substance, activity, or condition 
        have been identified, quantified, and assessed. The term also 
        includes a written statement accepting the findings of any such 
        document.
            ``(2) Risk characterization document.--The term `risk 
        characterization document' means a document quantifying or 
        describing the degree of toxicity, exposure, or other risk 
        posed by hazards associated with a substance, activity, or 
        condition to which individuals, populations, or resources are 
        exposed. The term also includes a written statement accepting 
        the findings of any such document.
            ``(3) Best estimate.--The term `best estimate' means a 
        scientifically appropriate estimate which is based, to the 
        extent feasible, on one of the following:
                    ``(A) Central estimates of risk using the most 
                plausible assumptions.
                    ``(B) An approach which combines multiple estimates 
                based on different scenarios and weighs the probability 
                of each scenario.
                    ``(C) Any other methodology designed to provide the 
                most unbiased representation of the most plausible 
                level of risk, given the current scientific information 
                available to the Federal agency concerned.
            ``(4) Substitution risk.--The term `substitution risk' 
        means a potential risk to human health, safety, or the 
        environment from a regulatory alternative designed to decrease 
        other risks.
            ``(5) Covered federal agency.--The term `covered Federal 
        agency' means each of the following:
                    ``(A) The Environmental Protection Agency.
                    ``(B) The Occupational Safety and Health 
                Administration.
                    ``(C) The Department of Transportation (including 
                the National Highway Transportation Safety 
                Administration).
                    ``(D) The Food and Drug Administration.
                    ``(E) The Department of Energy.
                    ``(F) The Department of the Interior.
                    ``(G) The Department of Agriculture.
                    ``(H) The Consumer Product Safety Commission.
                    ``(I) The National Oceanic and Atmospheric 
                Administration.
                    ``(J) The United States Army Corps of Engineers.
                    ``(K) The Mine Safety and Health Administration.
                    ``(L) The Nuclear Regulatory Commission.
                    ``(M) Any other Federal agency considered a covered 
                Federal agency pursuant to section 413(b)(2)(E).
            ``(6) Federal agency.--The term `Federal agency' means an 
        executive department, military department, or independent 
        establishment as defined in part I of title 5 of the United 
        States Code, except that such term also includes the Office of 
        Technology Assessment.
            ``(7) Document.--The term `document' includes material 
        stored in electronic or digital form.
``Sec. 639b. Peer review program
    ``(a) Establishment.--For regulatory programs designed to protect 
human health, safety, or the environment, the head of each Federal 
agency shall develop a systematic program for independent and external 
peer review required by subsection (b). Such program shall be 
applicable across the agency and--
            ``(1) shall provide for the creation of peer review panels 
        consisting of experts and shall be broadly representative and 
        balanced and to the extent relevant and appropriate, may 
        include representatives of State, local, and tribal 
        governments, small businesses, other representatives of 
        industry, universities, agriculture, labor, consumers, 
        conservation organizations, or other public interest groups and 
        organizations;
            ``(2) may provide for differing levels of peer review and 
        differing numbers of experts on peer review panels, depending 
        on the significance or the complexity of the problems or the 
        need for expeditiousness;
            ``(3) shall not exclude peer reviewers with substantial and 
        relevant expertise merely because they represent entities that 
        may have a potential interest in the outcome, provided that 
        interest is fully disclosed to the agency and in the case of a 
        regulatory decision affecting a single entity, no peer reviewer 
        representing such entity may be included on the panel;
            ``(4) may provide specific and reasonable deadlines for 
        peer review panels to submit reports under subsection (c); and
            ``(5) shall provide adequate protections for confidential 
        business information and trade secrets, including requiring 
        peer reviewers to enter into confidentiality agreements.
    ``(b) Requirement for Peer Review.--In connection with any rule 
that is likely to result in an annual increase in costs of $100,000,000 
or more (other than any rule or other action taken by an agency to 
authorize or approve any individual substance or product), each Federal 
agency shall provide for peer review in accordance with this section of 
any risk assessment or cost analysis which forms the basis for such 
rule or of any analysis under section 431(a). In addition, the Director 
of the Office of Management and Budget may order that peer review be 
provided for any major risk assessment or cost assessment that is 
likely to have a significant impact on public policy decisions.
    ``(c) Contents.--Each peer review under this section shall include 
a report to the Federal agency concerned with respect to the scientific 
and economic merit of data and methods used for the assessments and 
analyses.
    ``(d) Response to Peer Review.--The head of the Federal agency 
shall provide a written response to all significant peer review 
comments.
    ``(e) Availability to Public.--All peer review comments or 
conclusions and the agency's responses shall be made available to the 
public and shall be made part of the administrative record.
    ``(f) Previously Reviewed Data and Analysis.--No peer review shall 
be required under this section for any data or method which has been 
previously subjected to peer review or for any component of any 
analysis or assessment previously subjected to peer review.
    ``(g) National Panels.--The President shall appoint National Peer 
Review Panels to annually review the risk assessment and cost 
assessment practices of each Federal agency for programs designed to 
protect human health, safety, or the environment. The Panel shall 
submit a report to the Congress no less frequently than annually 
containing the results of such review.
``Sec. 639c. Petition for review of a major free-standing risk 
              assessment
    ``(a) Any interested person may petition an agency to conduct a 
scientific review of a risk assessment conducted or adopted by the 
agency, except for a risk assessment used as the basis for a major rule 
or a site-specific risk assessment.
    ``(b) The agency shall utilize external peer review, as 
appropriate, to evaluate the claims and analyses in the petition, and 
shall consider such review in making its determination of whether to 
grant the petition.
    ``(c) The agency shall grant the petition if the petition 
establishes that there is a reasonable likelihood that--
            ``(1)(A) the risk assessment that is the subject of the 
        petition was carried out in a manner substantially inconsistent 
        with the principles in section 633; or
            ``(B) the risk assessment that is the subject of the 
        petition does not take into account material significant new 
        scientific data and scientific understanding;
            ``(2) the risk assessment that is the subject of the 
        petition contains significantly different results than if it 
        had been properly conducted pursuant to subchapter III; and
            ``(3) a revised risk assessment will provide the basis for 
        reevaluating an agency determination of risk, and such 
        determination currently has an effect on the United States 
        economy equivalent to that of major rule.
    ``(d) A decision to grant, or final action to deny, a petition 
under this subsection shall be made not later than 180 days after the 
petition is submitted.
    ``(e) If the agency grants the petition, it shall complete its 
review of the risk assessment not later than 1 year after its decision 
to grant the petition. If the agency revises the risk assessment, in 
response to its review, it shall do so in accordance with section 633.
``Sec. 639d. Risk-based priorities
    ``(a) Purposes.--The purposes of this section are to--
            ``(1) encourage Federal agencies engaged in regulating 
        risks to human health, safety, and the environment to achieve 
        the greatest risk reduction at the least cost practical;
            ``(2) promote the coordination of policies and programs to 
        reduce risks to human health, safety, and the environment; and
            ``(3) promote open communication among Federal agencies, 
        the public, the President, and Congress regarding 
        environmental, health, and safety risks, and the prevention and 
        management of those risks.
    ``(b) Definitions.--For the purposes of this section:
            ``(1) Comparative risk analysis.--The term `comparative 
        risk analysis' means a process to systematically estimate, 
        compare, and rank the size and severity of risks to provide a 
        common basis for evaluating strategies for reducing or 
        preventing those risks.
            ``(2) Covered agency.--The term `covered agency' means each 
        of the following:
                    ``(A) The Environmental Protection Agency.
                    ``(B) The Department of Labor.
                    ``(C) The Department of Transportation.
                    ``(D) The Food and Drug Administration.
                    ``(E) The Department of Energy.
                    ``(F) The Department of the Interior.
                    ``(G) The Department of Agriculture.
                    ``(H) The Consumer Product Safety Commission.
                    ``(I) The National Oceanic and Atmospheric 
                Administration.
                    ``(J) The United States Army Corps of Engineers.
                    ``(K) The Nuclear Regulatory Commission.
            ``(3) Effect.--The term `effect' means a deleterious change 
        in the condition of--
                    ``(A) a human or other living thing (including 
                death, cancer, or other chronic illness, decreased 
                reproductive capacity, or disfigurement); or
                    ``(B) an inanimate thing important to human welfare 
                (including destruction, degeneration, the loss of 
                intended function, and increased costs for 
                maintenance).
            ``(4) Irreversibility.--The term `irreversibility' means 
        the extent to which a return to conditions before the 
        occurrence of an effect are either very slow or will never 
        occur.
            ``(5) Likelihood.--The term `likelihood' means the 
        estimated probability that an effect will occur.
            ``(6) Magnitude.--The term `magnitude' means the number of 
        individuals or the quantity of ecological resources or other 
        resources that contribute to human welfare that are affected by 
        exposure to a stressor.
            ``(7) Seriousness.--The term `seriousness' means the 
        intensity of effect, the likelihood, the irreversibility, and 
        the magnitude.
    ``(c) Department and Agency Program Goals.--
            ``(1) Setting priorities.--In exercising authority under 
        applicable laws protecting human health, safety, or the 
        environment, the head of each covered agency shall set 
        priorities for the use of resources available under those laws 
        to address those risks to human health, safety, and the 
        environment that--
                    ``(A) the covered agency determines to be most 
                serious; and
                    ``(B) can be addressed in a cost-effective manner, 
                with the goal of achieving the greatest overall net 
                reduction in risks with the public and private sector 
                resources expended.
            ``(2) Determining the most serious risks.--In identifying 
        the greatest risks under paragraph (1) of this subsection, each 
        covered agency shall consider, at a minimum--
                    ``(A) the likelihood, irreversibility, and severity 
                of the effect; and
                    ``(B) the number and classes of individuals 
                potentially affected,
        and shall explicitly take into account the results of the 
        comparative risk analysis conducted under subsection (d) of 
        this section.
            ``(3) OMB review.--The covered agency's determinations of 
        the most serious risks for purposes of setting priorities shall 
        be reviewed and approved by the Director of the Office of 
        Management and Budget before submission of the covered agency's 
        annual budget requests to Congress.
            ``(4) Incorporating risk-based priorities into budget and 
        planning.--The head of each covered agency shall incorporate 
        the priorities identified under paragraph (1) into the agency 
        budget, strategic planning, regulatory agenda, enforcement, and 
        research activities. When submitting its budget request to 
        Congress and when announcing its regulatory agenda in the 
        Federal Register, each covered agency shall identify the risks 
        that the covered agency head has determined are the most 
        serious and can be addressed in a cost-effective manner under 
        paragraph (1), the basis for that determination, and explicitly 
        identify how the covered agency's requested budget and 
        regulatory agenda reflect those priorities.
            ``(5) Effective date.--This subsection shall take effect 12 
        months after the date of enactment of this Act.
    ``(d) Comparative Risk Analysis.--
            ``(1) Requirement.--
                    ``(A)(i) No later than 6 months after the effective 
                date of this Act, the Director of the Office of 
                Management and Budget shall enter into appropriate 
                arrangements with a nationally recognized scientific 
                institution or scholarly organization--
                            ``(I) to conduct a study of the 
                        methodologies for using comparative risk to 
                        rank dissimilar human health, safety, and 
                        environmental risks; and
                            ``(II) to conduct a comparative risk 
                        analysis.
                    ``(ii) The comparative risk analysis shall compare 
                and rank, to the extent feasible, human health, safety, 
                and environmental risks potentially regulated across 
                the spectrum of programs administered by all covered 
                agencies.
                    ``(B) The Director shall consult with the Office of 
                Science and Technology Policy regarding the scope of 
                the study and the conduct of the comparative risk 
                analysis.
                    ``(C) Nothing in this subsection should be 
                construed to prevent the Director from entering into a 
                sole-source arrangement with a nationally recognized 
                scientific institution or scholarly organization.
            ``(2) Criteria.--The Director shall ensure that the 
        arrangement under paragraph (1) provides that--
                    ``(A) the scope and specificity of the analysis are 
                sufficient to provide the President and agency heads 
                guidance in allocating resources across agencies and 
                among programs in agencies to achieve the greatest 
                degree of risk prevention and reduction for the public 
                and private resources expended;
                    ``(B) the analysis is conducted through an open 
                process, including opportunities for the public to 
                submit views, data, and analyses and to provide public 
                comment on the results before making them final;
                    ``(C) the analysis is conducted by a balanced group 
                of individuals with relevant expertise, including 
                toxicologists, biologists, engineers, and experts in 
                medicine, industrial hygiene, and environmental 
                effects, and the selection of members for such study 
                shall be at the sole discretion of the scientific 
                institution or scholarly organization;
                    ``(D) the analysis is conducted, to the extent 
                feasible and relevant, consistent with the risk 
                assessment and risk characterization principles in 
                section 633 of this subchapter;
                    ``(E) the methodologies and principal scientific 
                determinations made in the analysis are subjected to 
                independent peer review consistent with section 633(g), 
                and the conclusions of the peer review are made 
                publicly available as part of the final report required 
                under subsection (e); and
                    ``(F) the results are presented in a manner that 
                distinguishes between the scientific conclusions and 
                any policy or value judgments embodied in the 
                comparisons.
            ``(3) Completion and review.--No later than 3 years after 
        the effective date of this Act, the comparative risk analysis 
        required under paragraph (1) shall be completed. The 
        comparative risk analysis shall be reviewed and revised at 
        least every 5 years thereafter for a minimum of 15 years 
        following the release of the first analysis. The Director shall 
        arrange for such review and revision by an accredited 
        scientific body in the same manner as provided under paragraphs 
        (1) and (2).
            ``(4) Study.--The study of methodologies provided under 
        paragraph (1) shall be conducted as part of the first 
        comparative risk analysis and shall be completed no later than 
        180 days after the completion of that analysis. The goal of the 
        study shall be to develop and rigorously test methods of 
        comparative risk analysis. The study shall have sufficient 
        scope and breadth to test approaches for improving comparative 
        risk analysis and its use in setting priorities for human 
        health, safety, and environmental risk prevention and 
        reduction.
            ``(5) Technical guidance.--No later than 180 days after the 
        effective date of this Act, the Director, in collaboration with 
        other heads of covered agencies shall enter into a contract 
        with the National Research Council to provide technical 
        guidance to agencies on approaches to using comparative risk 
        analysis in setting human health, safety, and environmental 
        priorities to assist agencies in complying with subsection (c) 
        of this section.
    ``(e) Reports and Recommendations to Congress and the President.--
No later than 24 months after the effective date of this Act, each 
covered agency shall submit a report to Congress and the President--
            ``(1) detailing how the agency has complied with subsection 
        (c) and describing the reason for any departure from the 
        requirement to establish priorities to achieve the greatest 
        overall net reduction in risk;
            ``(2) recommending--
                    ``(A) modification, repeal, or enactment of laws to 
                reform, eliminate, or enhance programs or mandates 
                relating to human health, safety, or the environment; 
                and
                    ``(B) modification or elimination of statutory or 
                judicially mandated deadlines,that would assist the 
                covered agency to set priorities in activities to 
                address the risks to human health, safety, or the 
                environment in a manner consistent with the 
                requirements of subsection (c)(1);
            ``(3) evaluating the categories of policy and value 
        judgment used in risk assessment, risk characterization, or 
        cost-benefit analysis; and
            ``(4) discussing risk assessment research and training 
        needs, and the agency's strategy and schedule for meeting those 
        needs.
    ``(f) Savings Provision and Judicial Review.--
            ``(1) In general.--Nothing in this section shall be 
        construed to modify any statutory standard or requirement 
        designed to protect human health, safety, or the environment.
            ``(2) Judicial review.--Compliance or noncompliance by an 
        agency with the provisions of this section shall not be subject 
        to judicial review.
            ``(3) Agency analysis.--Any analysis prepared under this 
        section shall not be subject to judicial consideration separate 
        or apart from the requirement, rule, program, or law to which 
        it relates. When an action for judicial review of a covered 
        agency action is instituted, any analysis for, or relating to, 
        the action shall constitute part of the whole record of agency 
        action for the purpose of judicial review of the action and 
        shall, to the extent relevant, be considered by a court in 
        determining the legality of the covered agency action.''.
    (b) Clerical Amendment.--The table of sections appearing at the 
beginning of chapter 6 of title 5, United States Code, is amended--
            (1) by inserting immediately below the chapter heading the 
        following:

               ``SUBCHAPTER I--REGULATORY ANALYSIS''; and

            (2) by adding at the end the following:

                   ``SUBCHAPTER III--RISK ASSESSMENTS

``631. Short title.
``632. Purposes.
``633. Effective date; applicability; savings provisions.
``634. Principles for risk assessment.
``635. Principles for risk characterization and communication.
``636. Recommendations or classifications by a non-United States-based 
                            entity.
``637. Guidelines and report.
``638. Research and training in risk assessment.
``639. Study of comparative risk analysis.
``639a. Definitions.
``639b. Peer review program.
``639c. Petition for review of a major free-standing risk assessment.
``639d. Risk-based priorities.''.

SEC. 3004. REGULATORY FLEXIBILITY ANALYSIS.

    (a) In General.--
            (1) Judicial review.--
                    (A) Amendment.--Section 611 of title 5, United 
                States Code, is amended to read as follows:
``Sec. 611. Judicial review
    ``(a)(1) Not later than one year, notwithstanding any other 
provision of law, after the effective date of a final rule with respect 
to which an agency--
            ``(A) certified, pursuant to section 605(b), that such rule 
        would not have a significant economic impact on a substantial 
        number of small entities; or
            ``(B) prepared a final regulatory flexibility analysis 
        pursuant to section 604,
an affected small entity may petition for the judicial review of such 
certification or analysis in accordance with the terms of this 
subsection. A court having jurisdiction to review such rule for 
compliance with the provisions of section 553 or under any other 
provision of law shall have jurisdiction to review such certification 
or analysis. In the case where an agency delays the issuance of a final 
regulatory flexibility analysis pursuant to section 608(b), a petition 
for judicial review under this subsection shall be filed not later than 
one year, notwithstanding any other provision of law, after the date 
the analysis is made available to the public.
    ``(2) For purposes of this subsection, the term `affected small 
entity' means a small entity that is or will be adversely affected by 
the final rule.
    ``(3) Nothing in this subsection shall be construed to affect the 
authority of any court to stay the effective date of any rule or 
provision thereof under any other provision of law.
    ``(4)(A) In the case where the agency certified that such rule 
would not have a significant economic impact on a substantial number of 
small entities, the court may order the agency to prepare a final 
regulatory flexibility analysis pursuant to section 604 if the court 
determines, on the basis of the rulemaking record, that the 
certification was arbitrary, capricious, an abuse of discretion, or 
otherwise not in accordance with law.
    ``(B) In the case where the agency prepared a final regulatory 
flexibility analysis, the court may order the agency to take corrective 
action consistent with the requirements of section 604 if the court 
determines, on the basis of the rulemaking record, that the final 
regulatory flexibility analysis was prepared by the agency without 
observance of procedure required by section 604.
    ``(5) If, by the end of the 90-day period beginning on the date of 
the order of the court pursuant to paragraph (4) (or such longer period 
as the court may provide), the agency fails, as appropriate--
            ``(A) to prepare the analysis required by section 604; or
            ``(B) to take corrective action consistent with the 
        requirements of section 604,
the court may stay the rule or grant such other relief as it deems 
appropriate.
    ``(6) In making any determination or granting any relief authorized 
by this subsection, the court shall take due account of the rule of 
prejudicial error.
    ``(b) In an action for the judicial review of a rule, any 
regulatory flexibility analysis for such rule (including an analysis 
prepared or corrected pursuant to subsection (a)(4)) shall constitute 
part of the whole record of agency action in connection with such 
review.
    ``(c) Nothing in this section bars judicial review of any other 
impact statement or similar analysis required by any other law if 
judicial review of such statement or analysis is otherwise provided by 
law.''.
                    (B) Effective date.--The amendment made by 
                subsection (a) shall apply only to final agency rules 
                issued after the date of enactment of this Act.
            (2) Rules commented on by sba chief counsel for advocacy.--
                    (A) In general.--Section 612 of title 5, United 
                States Code, is amended by adding at the end the 
                following new subsection:
    ``(d) Action by the SBA Chief Counsel for Advocacy.--
            ``(1) Transmittal of proposed rules and initial regulatory 
        flexibility analysis to sba chief counsel for advocacy.--On or 
        before the 30th day preceding the date of publication by an 
        agency of general notice of proposed rulemaking for a rule, the 
        agency shall transmit to the Chief Counsel for Advocacy of the 
        Small Business Administration--
                    ``(A) a copy of the proposed rule; and
                    ``(B)(i) a copy of the initial regulatory 
                flexibility analysis for the rule if required under 
                section 603; or
                    ``(ii) a determination by the agency that an 
                initial regulatory flexibility analysis is not required 
                for the proposed rule under section 603 and an 
                explanation for the determination.
            ``(2) Statement of effect.--On or before the 15th day 
        following receipt of a proposed rule and initial regulatory 
        flexibility analysis from an agency under paragraph (1), the 
        Chief Counsel for Advocacy may transmit to the agency a written 
        statement of the effect of the proposed rule on small entities.
            ``(3) Response.--If the Chief Counsel for Advocacy 
        transmits to an agency a statement of effect on a proposed rule 
        in accordance with paragraph (2), the agency shall publish the 
        statement, together with the response of the agency to the 
        statement, in the Federal Register at the time of publication 
        of general notice of proposed rulemaking for the rule.
            ``(4) Special rule.--Any proposed rules issued by an 
        appropriate Federal banking agency (as that term is defined in 
        section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 
        1813(q)), the National Credit Union Administration, or the 
        Office of Federal Housing Enterprise Oversight, in connection 
        with the implementation of monetary policy or to ensure the 
        safety and soundness of federally insured depository 
        institutions, any affiliate of such an institution, credit 
        unions, or government sponsored housing enterprises or to 
        protect the Federal deposit insurance funds shall not be 
        subject to the requirements of this subsection.''.
                    (B) Conforming amendment.--Section 603(a) of title 
                5, United States Code, is amended by inserting ``in 
                accordance with section 612(d)'' before the period at 
                the end of the last sentence.
            (3) Sense of congress regarding sba chief counsel for 
        advocacy.--It is the sense of Congress that the Chief Counsel 
        for Advocacy of the Small Business Administration should be 
        permitted to appear as amicus curiae in any action or case 
        brought in a court of the United States for the purpose of 
        reviewing a rule.
    (b) Subchapter Heading.--Chapter 6 of title 5, United States Code, 
is amended by inserting immediately before section 601, the following 
subchapter heading:

                 ``SUBCHAPTER I--REGULATORY ANALYSIS''.

SEC. 3005. GUIDANCE FOR JUDICIAL INTERPRETATION.

    (a) In General.--Chapter 7 of title 5, United States Code, is 
amended--
            (1) by striking section 706; and
            (2) by adding at the end the following new sections:
``Sec. 706. Scope of review
    ``(a) To the extent necessary to reach a decision and when 
presented, the reviewing court shall decide all relevant questions of 
law, interpret constitutional and statutory provisions, and determine 
the meaning or applicability of the terms of an agency action. The 
reviewing court shall--
            ``(1) compel agency action unlawfully withheld or 
        unreasonably delayed; and
            ``(2) hold unlawful and set aside agency action, findings 
        and conclusions found to be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitations, or short of statutory right;
                    ``(D) without observance of procedure required by 
                law;
                    ``(E) unsupported by substantial evidence in a 
                proceeding subject to sections 556 and 557 or otherwise 
                reviewed on the record of an agency hearing provided by 
                statute; or
                    ``(F) unwarranted by the facts to the extent that 
                the facts are subject to trial de novo by the reviewing 
                court.
    ``(b) In making the determinations set forth in subsection (a), the 
court shall review the whole record or those parts of it cited by a 
party, and due account shall be taken of the rule of prejudicial error.
``Sec. 707. Consent decrees
    ``In interpreting any consent decree in effect on or after the date 
of enactment of this section that imposes on an agency an obligation to 
initiate, continue, or complete rulemaking proceedings, the court shall 
not enforce the decree in a way that divests the agency of discretion 
clearly granted to the agency by statute to respond to changing 
circumstances, make policy or managerial choices, or protect the rights 
of third parties.
``Sec. 708. Affirmative defense
    ``Notwithstanding any other provision of law, it shall be an 
affirmative defense in any enforcement action brought by an agency that 
the regulated person or entity reasonably relied on and is complying 
with a rule, regulation, adjudication, directive, or order of such 
agency or any other agency that is incompatible, contradictory, or 
otherwise cannot be reconciled with the agency rule, regulation, 
adjudication, directive, or order being enforced.
``Sec. 709. Agency interpretations in civil and criminal actions
    ``(a) No civil or criminal penalty shall be imposed by a court, and 
no civil administrative penalty shall be imposed by an agency, for the 
violation of a rule--
            ``(1) if the court or agency, as appropriate, finds that 
        the rule failed to give the defendant fair warning of the 
        conduct that the rule prohibits or requires; or
            ``(2) if the court or agency, as appropriate, finds that 
        the defendant acted reasonably in good faith based upon the 
        language of the rule as published in the Federal Register.
    ``(b) Nothing in this section shall be construed to preclude an 
agency:
            ``(1) from revising a rule or changing its interpretation 
        of a rule in accordance with sections 552 and 553 of this 
        title, and subject to the provisions of this section, 
        prospectively enforcing the requirements of such rule as 
        revised or reinterpreted and imposing or seeking a civil or 
        criminal penalty for any subsequent violation of such rule as 
        revised or reinterpreted;
            ``(2) from making a new determination of fact, and based 
        upon such determination, prospectively applying a particular 
        legal requirement.
    ``(c) This section shall apply to any action filed after the date 
of the enactment of the Comprehensive Regulatory Reform Act of 1995.''.
    (b) Technical Amendment.--The analysis for chapter 7 of title 5, 
United States Code, is amended by striking the item relating to section 
706 and inserting the following new items:

``706. Scope of review.
``707. Consent decrees.
``708. Affirmative defense.
``709. Agency interpretations in civil and criminal actions.''.

SEC. 3006. CONGRESSIONAL REVIEW.

    (a) Finding.--The Congress finds that effective steps for improving 
the efficiency and proper management of Government operations will be 
promoted if a moratorium on the implementation of certain major final 
and proposed rules is imposed in order to provide Congress an 
opportunity for review.
    (b) In General.--Title 5, United States Code, is amended by 
inserting immediately after chapter 7 the following new chapter:``

          CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional disapproval procedure.
``803. Special rule on statutory, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Exemption for monetary policy.
``Sec. 801. Congressional review
    ``(a)(1)(A) Before a rule can take effect as a final rule, the 
Federal agency promulgating such rule shall submit to each House of the 
Congress and to the Comptroller General a report containing--
            ``(i) a copy of the rule;
            ``(ii) a concise general statement relating to the rule; 
        and
            ``(iii) the proposed effective date of the rule.
    ``(B) The Federal agency promulgating the rule shall make available 
to each House of Congress and the Comptroller General, upon request--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any;
            ``(ii) the agency's actions relevant to sections 603, 604, 
        605, 607, and 609;
            ``(iii) the agency's actions relevant to sections 202, 203, 
        204, and 205 of the Unfunded Mandates Reform Act of 1995; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders, such as 
        Executive Order No. 12866.
    ``(C) Upon receipt, each House shall provide copies to the Chairman 
and Ranking Member of each committee with jurisdiction.
    ``(2)(A) The Comptroller General shall provide a report on each 
major rule to the committees of jurisdiction to each House of the 
Congress by the end of 12 calendar days after the submission or 
publication date as provided in section 802(b)(2). The report of the 
Comptroller General shall include an assessment of the agency's 
compliance with procedural steps required by paragraph (1)(B).
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A major rule relating to a report submitted under paragraph 
(1) shall take effect as a final rule, the latest of--
            ``(A) the later of the date occurring 60 days (excluding 
        days either House of Congress is adjourned for more than 3 days 
        during a session of Congress) after the date on which--
                    ``(i) the Congress receives the report submitted 
                under paragraph (1); or
                    ``(ii) the rule is published in the Federal 
                Register;
            ``(B) if the Congress passes a joint resolution of 
        disapproval described under section 802 relating to the rule, 
        and the President signs a veto of such resolution, the earlier 
        date--
                    ``(i) on which either House of Congress votes and 
                fails to override the veto of the President; or
                    ``(ii) occurring 30 session days after the date on 
                which the Congress received the veto and objections of 
                the President; or
            ``(C) the date the rule would have otherwise taken effect, 
        if not for this section (unless a joint resolution of 
        disapproval under section 802 is enacted).
    ``(4) Except for a major rule, a rule shall take effect as 
otherwise provided by law after submission to Congress under paragraph 
(1).
    ``(5) Notwithstanding paragraph (3), the effective date of a rule 
shall not be delayed by operation of this chapter beyond the date on 
which either House of Congress votes to reject a joint resolution of 
disapproval under section 802.
    ``(b)(1) A rule or proposed rule shall not take effect (or 
continue) as a final rule, if the Congress passes a joint resolution of 
disapproval described under section 802.
    ``(2) A rule or proposed rule that does not take effect (or does 
not continue) under paragraph (1) may not be reissued in substantially 
the same form, and a new rule that is substantially the same as such a 
rule or proposed rule may not be issued, unless the reissued or new 
rule is specifically authorized by a law enacted after the date of the 
joint resolution disapproving the original rule.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a rule that would not take effect by 
reason of this chapter may take effect, if the President makes a 
determination under paragraph (2) and submits written notice of such 
determination to the Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the rule should take effect because 
such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to a statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802 or 
the effect of a joint resolution of disapproval under this section.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule that is published 
in the Federal Register (as a rule that shall take effect as a final 
rule) during the period beginning on the date occurring 60 days before 
the date the Congress adjourns a session of Congress through the date 
on which the same or succeeding Congress first convenes its next 
session, section 802 shall apply to such rule in the succeeding session 
of Congress.
    ``(2)(A) In applying section 802 for purposes of such additional 
review, a rule described under paragraph (1) shall be treated as 
though--
            ``(i) such rule were published in the Federal Register (as 
        a rule that shall take effect as a final rule) on the 15th 
        session day after the succeeding Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a final rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as a 
final rule as otherwise provided by law (including other subsections of 
this section).
    ``(e)(1) Section 802 shall apply in accordance with its terms to 
any major rule that was published in the Federal Register (as a rule 
that shall take effect as a final rule) in the period beginning on 
November 20, 1994, through the date of enactment of the Comprehensive 
Regulatory Reform Act of 1995.
    ``(2) In applying section 802 for purposes of Congressional review, 
a rule described under paragraph (1) shall be treated as though--
            ``(A) such rule were published in the Federal Register (as 
        a rule that shall take effect as a final rule) on the date of 
        enactment of the Comprehensive Regulatory Reform Act of 1995; 
        and
            ``(B) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(3) The effectiveness of a rule described under paragraph (1) 
shall be as otherwise provided by law, unless the rule is made of no 
force or effect under section 802.
    ``(f) Any rule that takes effect and later is made of no force or 
effect by enactment of a joint resolution under section 802 shall be 
treated as though such rule had never taken effect.
    ``(g) If the Congress does not enact a joint resolution of 
disapproval under section 802, no court or agency may infer any intent 
of the Congress from any action or inaction of the Congress with regard 
to such rule, related statute, or joint resolution of disapproval.
``Sec. 802. Congressional disapproval procedure
    ``(a) Joint Resolution Defined.--For purposes of this section, the 
term `joint resolution' means only--
            ``(1) a joint resolution introduced in the period beginning 
        on the date on which the report referred to in section 801(a) 
        is received by Congress and ending 60 days thereafter 
        (excluding days either House of Congress is adjourned for more 
        than 3 days during a session of Congress), the matter after the 
        resolving clause of which is as follows: `That Congress 
        disapproves the rule submitted by the ____ relating to ____, 
        and such rule shall have no force or effect.' (The blank spaces 
        being appropriately filled in); or
            ``(2) a joint resolution the matter after the resolving 
        clause of which is as follows: `That the Congress disapproves 
        the proposed rule published by the ________ relating to ______, 
        and such proposed rule shall not be issued or take effect as a 
        final rule.' (the blank spaces being appropriately filled in)
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(2) For purposes of this section, the term `submission or 
publication date' means--
            ``(A) in the case of a joint resolution described in 
        subsection (a)(1) the later of the date on which--
                    ``(i) the Congress receives the report submitted 
                under section 801(a)(1); or
                    ``(ii) the rule is published in the Federal 
                Register; or
            ``(B) in the case of a joint resolution described in 
        subsection (a)(2), the date of introduction of the joint 
        resolution.
    ``(c) In the Senate, if the committee to which is referred a joint 
resolution described in subsection (a) has not reported such joint 
resolution (or an identical joint resolution) at the end of 20 calendar 
days after the submission or publication date defined under subsection 
(b)(2), such committee may be discharged from further consideration of 
such joint resolution upon a petition supported in writing by 30 
Members of the Senate, and such joint resolution shall be placed on the 
appropriate calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under subsection (c)) from further consideration of, a joint 
resolution described in subsection (a), it is at any time thereafter in 
order (even though a previous motion to the same effect has been 
disagreed to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolution (and 
against consideration of the joint resolution) are waived. The motion 
is not subject to amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the joint resolution is agreed to, the joint resolution shall remain 
the unfinished business of the Senate until disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion further to 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
    ``(f) This section is enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
``Sec. 803. Special rule on statutory, regulatory, and judicial 
              deadlines
    ``(a) In the case of any deadline for, relating to, or involving 
any rule which does not take effect (or the effectiveness of which is 
terminated) because of enactment of a joint resolution under section 
802, that deadline is extended until the date 1 year after the date of 
the joint resolution. Nothing in this subsection shall be construed to 
affect a deadline merely by reason of the postponement of a rule's 
effective date under section 801(a).
    ``(b) The term `deadline' means any date certain for fulfilling any 
obligation or exercising any authority established by or under any 
Federal statute or regulation, or by or under any court order 
implementing any Federal statute or regulation.
``Sec. 804. Definitions
    ``(a) For purposes of this chapter--
            ``(1) the term `Federal agency' means any agency as that 
        term is defined in section 551(1) (relating to administrative 
        procedure);
            ``(2) the term `major rule' has the same meaning given such 
        term in section 621(5); and
            ``(3) the term `final rule' means any final rule or interim 
        final rule.
    ``(b) As used in subsection (a)(3), the term `rule' has the meaning 
given such term in section 551, except that such term does not include 
any rule of particular applicability including a rule that approves or 
prescribes for the future rates, wages, prices, services, or allowances 
therefor, corporate or financial structures, reorganizations, mergers, 
or acquisitions thereof, or accounting practices or disclosures bearing 
on any of the foregoing or any rule of agency organization, personnel, 
procedure, practice or any routine matter.
``Sec. 805. Judicial review
    ``No determination, finding, action, or omission under this chapter 
shall be subject to judicial review.
``Sec. 806. Applicability; severability
    ``(a) This chapter shall apply notwithstanding any other provision 
of law.
    ``(b) If any provision of this chapter or the application of any 
provision of this chapter to any person or circumstance, is held 
invalid, the application of such provision to other persons or 
circumstances, and the remainder of this chapter, shall not be affected 
thereby.
``Sec. 807. Exemption for monetary policy
    ``Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors of 
the Federal Reserve System or the Federal Open Market Committee.''.
    (c) Effective Date.--The amendment made by subsection (b) shall 
take effect on the date of enactment of this Act.
    (d) Technical Amendment.--The table of chapters for part I of title 
5, United States Code, is amended by inserting immediately after the 
item relating to chapter 7 the following:

``8. Congressional Review of Agency Rulemaking.............      801''.

SEC. 3007. REGULATORY ACCOUNTING STATEMENT.

    (a) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Major rule.--The term ``major rule'' has the same 
        meaning as defined in section 621(5)(A)(i) of title 5, United 
        States Code. The term shall not include--
                    (A) administrative actions governed by sections 556 
                and 557 of title 5, United States Code;
                    (B) regulations issued with respect to a military 
                or foreign affairs function of the United States or a 
                statute implementing an international trade agreement; 
                or
                    (C) regulations related to agency organization, 
                management, or personnel.
            (2) Agency.--The term ``agency'' means any executive 
        department, military department, Government corporation, 
        Government controlled corporation, or other establishment in 
        the executive branch of the Government (including the Executive 
        Office of the President), or any independent regulatory agency, 
        but shall not include--
                    (A) the General Accounting Office;
                    (B) the Federal Election Commission;
                    (C) the governments of the District of Columbia and 
                of the territories and possessions of the United 
                States, and their various subdivisions; or
                    (D) Government-owned contractor-operated 
                facilities, including laboratories engaged in national 
                defense research and production activities.
    (b) Accounting Statement.--
            (1) In general.--
                    (A) The President shall be responsible for 
                implementing and administering the requirements of this 
                section.
                    (B) Not later than June 1, 1997, and each June 1 
                thereafter, the President shall prepare and submit to 
                Congress an accounting statement that estimates the 
                annual costs of major rules and corresponding benefits 
                in accordance with this subsection.
            (2) Years covered by accounting statement.--Each accounting 
        statement shall cover, at a minimum, the 5 fiscal years 
        beginning on October 1 of the year in which the report is 
        submitted and may cover any fiscal year preceding such fiscal 
        years for purpose of revising previous estimates.
            (3) Timing and procedures.--
                    (A) The President shall provide notice and 
                opportunity for comment for each accounting statement. 
                The President may delegate to an agency the requirement 
                to provide notice and opportunity to comment for the 
                portion of the accounting statement relating to that 
                agency.
                    (B) The President shall propose the first 
                accounting statement under this subsection not later 
                than 2 years after the date of enactment of this Act 
                and shall issue the first accounting statement in final 
                form not later than 3 years after such effective date. 
                Such statement shall cover, at a minimum, each of the 
                fiscal years beginning after the date of enactment of 
                this Act.
            (4) Content of accounting statement.--
                    (A) Each accounting statement shall contain 
                estimates of costs and benefits with respect to each 
                fiscal year covered by the statement in accordance with 
                this paragraph. For each such fiscal year for which 
                estimates were made in a previous accounting statement, 
                the statement shall revise those estimates and state 
                the reasons for the revisions.
                    (B)(i) An accounting statement shall estimate the 
                costs of major rules by setting forth, for each year 
                covered by the statement--
                            (I) the annual expenditure of national 
                        economic resources for major rules, grouped by 
                        regulatory program; and
                            (II) such other quantitative and 
                        qualitative measures of costs as the President 
                        considers appropriate.
                    (ii) For purposes of the estimate of costs in the 
                accounting statement, national economic resources shall 
                include, and shall be listed under, at least the 
                following categories:
                            (I) Private sector costs.
                            (II) Federal sector costs.
                            (III) State and local government 
                        administrative costs.
            (C) An accounting statement shall estimate the benefits of 
        major rules by setting forth, for each year covered by the 
        statement, such quantitative and qualitative measures of 
        benefits as the President considers appropriate. Any estimates 
        of benefits concerning reduction in health, safety, or 
        environmental risks shall present the most plausible level of 
        risk practical, along with a statement of the reasonable degree 
        of scientific certainty.
    (c) Associated Report to Congress.--
            (1) In general.--At the same time as the President submits 
        an accounting statement under subsection (b), the President, 
        acting through the Director of the Office of Management and 
        Budget, shall submit to Congress a report associated with the 
        accounting statement (hereinafter referred to as an 
        ``associated report''). The associated report shall contain, in 
        accordance with this subsection--
                    (A) analyses of impacts; and
                    (B) recommendations for reform.
            (2) Analyses of impacts.--The President shall include in 
        the associated report the following:
                    (A) Analyses prepared by the President of the 
                cumulative impact of major rules in Federal regulatory 
                programs covered in the accounting statement on the 
                following:
                            (i) The ability of State and local 
                        governments to provide essential services, 
                        including police, fire protection, and 
                        education.
                            (ii) Small business.
                            (iii) Productivity.
                            (iv) Wages.
    (v) Economic growth.
                            (vi) Technological innovation.
                            (vii) Consumer prices for goods and 
                        services.
                            (viii) Such other factors considered 
                        appropriate by the President.
                    (B) A summary of any independent analyses of 
                impacts prepared by persons commenting during the 
                comment period on the accounting statement.
            (3) Recommendations for reform.--The President shall 
        include in the associated report the following:
                    (A) A summary of recommendations of the President 
                for reform or elimination of any Federal regulatory 
                program or program element that does not represent 
                sound use of national economic resources or otherwise 
                is inefficient.
                    (B) A summary of any recommendations for such 
                reform or elimination of Federal regulatory programs or 
                program elements prepared by persons commenting during 
                the comment period on the accounting statement.
    (d) Guidance From Office of Management and Budget.--The Director of 
the Office of Management and Budget shall, in consultation with the 
Council of Economic Advisers, provide guidance to agencies--
            (1) to standardize measures of costs and benefits in 
        accounting statements prepared pursuant to sections 3 and 7 of 
        this Act, including--
                    (A) detailed guidance on estimating the costs and 
                benefits of major rules; and
                    (B) general guidance on estimating the costs and 
                benefits of all other rules that do not meet the 
                thresholds for major rules; and
            (2) to standardize the format of the accounting statements.
    (e) Recommendations From Congressional Budget Office.--After each 
accounting statement and associated report submitted to Congress, the 
Director of the Congressional Budget Office shall make recommendations 
to the President--
            (1) for improving accounting statements prepared pursuant 
        to this section, including recommendations on level of detail 
        and accuracy; and
            (2) for improving associated reports prepared pursuant to 
        this section, including recommendations on the quality of 
        analysis.
    (f) Judicial Review.--No requirements under this section shall be 
subject to judicial review in any manner.

SEC. 3008. STUDIES AND REPORTS.

    (a) Risk Assessments.--The Administrative Conference of the United 
States shall--
            (1) develop and carry out an ongoing study of the operation 
        of the risk assessment requirements of subchapter III of 
        chapter 6 of title 5, United States Code (as added by section 4 
        of this Act); and
            (2) submit an annual report to the Congress on the findings 
        of the study.
    (b) Administrative Procedure Act.--Not later than December 31, 
1996, the Administrative Conference of the United States shall--
            (1) carry out a study of the operation of the 
        Administrative Procedure Act (as amended by section 3 of this 
        Act); and
            (2) submit a report to the Congress on the findings of the 
        study, including proposals for revision, if any.

SEC. 3009. MISCELLANEOUS PROVISIONS.

    (a) Effective Date.--Except as otherwise provided, this Act and the 
amendments made by this Act shall take effect on the date of enactment.
    (b) Severability.--If any provision of this Act, an amendment made 
by this Act, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder of 
this Act, the amendments made by this Act, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.

            Passed the House of Representatives November 9, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

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