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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4874 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4874

 To provide for the establishment of a process for the review of rules 
               and sets of rules, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2014

Mr. Smith of Missouri (for himself, Mr. Bachus, Mr. Collins of Georgia, 
Mr. Farenthold, and Mr. Hultgren) introduced the following bill; which 
 was referred to the Committee on Oversight and Government Reform, and 
in addition to the Committees on the Judiciary and Appropriations, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
 To provide for the establishment of a process for the review of rules 
               and sets of rules, 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. SHORT TITLE.

    This Act may be cited as the ``Searching for and Cutting 
Regulations that are Unnecessarily Burdensome Act of 2014'' or as the 
``SCRUB Act of 2014''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
          TITLE I--RETROSPECTIVE REGULATORY REVIEW COMMISSION

Sec. 101. In general.
                      TITLE II--REGULATORY CUT-GO

Sec. 201. Cut-go procedures.
Sec. 202. Applicability.
Sec. 203. OIRA certification of cost calculations.
              TITLE III--RETROSPECTIVE REVIEW OF NEW RULES

Sec. 301. Plan for future review.
                       TITLE IV--JUDICIAL REVIEW

Sec. 401. Judicial review.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Definitions.
Sec. 502. Effective date.

          TITLE I--RETROSPECTIVE REGULATORY REVIEW COMMISSION

SEC. 101. IN GENERAL.

    (a) Establishment.--There is established a commission, to be known 
as the Retrospective Regulatory Review Commission, that shall review 
rules and sets of rules in accordance with specified criteria to 
determine if a rule or set of rules should be repealed to eliminate or 
reduce the costs of regulation to the economy. The Commission shall 
terminate on the date that is 5 years and 180 days after the date of 
enactment of this Act or 5 years after the date by which all Commission 
members' terms have commenced, whichever is later.
    (b) Membership.--
            (1) Number.--The Commission shall be composed of 9 members 
        who shall be appointed by the President and confirmed by the 
        Senate. Each member shall be appointed not later than 180 days 
        after the date of enactment of this Act.
            (2) Term.--The term of each member shall commence upon the 
        member's confirmation by the Senate and shall extend to the 
        date that is 5 years and 180 days after the date of enactment 
        of this Act or that is 5 years after the date by which all 
        members have been confirmed by the Senate, whichever is later.
            (3) Appointment.--The members of the Commission shall be 
        appointed as follows:
                    (A) The President shall appoint the chair of the 
                Commission from among past Administrators of the Office 
                of Information and Regulatory Affairs, past chairmen of 
                the Administrative Conference of the United States, and 
                other candidates of similar expertise and experience in 
                rulemaking affairs and the administration of regulatory 
                reviews.
                    (B) The Speaker of the House of Representatives, 
                the Minority Leader of the House of Representatives, 
                the Majority Leader of the Senate, and the Minority 
                Leader of the Senate shall each present to the 
                President lists of candidates to be members of the 
                Commission. Such candidates shall be individuals 
                learned in rulemaking affairs and, preferably, 
                administration of regulatory reviews. The President 
                shall appoint 2 members of the Commission from each 
                list provided under this paragraph, subject to the 
                provisions of paragraph (C).
                    (C) If the President--
                            (i) determines that any candidate to be a 
                        Member of the Commission who appears on a list 
                        presented to him under paragraph (B) does not 
                        meet the qualifications specified in this 
                        paragraph to be a member of the Commission; and
                            (ii) certifies that determination to the 
                        congressional officials specified in paragraph 
                        (B);
                the President may then request from the presenter of 
                the list a new list of one or more candidates.
    (c) Powers and Authorities of the Commission.--
            (1) Meetings.--The Commission may meet when, where, and as 
        often as the Commission determines appropriate, except that the 
        Commission shall hold public meetings not less than twice each 
        year.
            (2) Hearings.--In addition to meetings held under paragraph 
        (1), the Commission may hold hearings to consider issues of 
        fact or law relevant to the Commission's work. Any hearing held 
        by the Commission shall be in public.
            (3) Access to information.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this Act. Upon 
        request of the chair of the Commission, the head of that 
        department or agency shall furnish that information to the 
        Commission.
            (4) Subpoenas.--
                    (A) In general.--The Commission may issue subpoenas 
                requiring the attendance and testimony of witnesses and 
                the production of any evidence relating to the duties 
                of the Commission. The attendance of witnesses and the 
                production of evidence may be required from any place 
                within the United States at any designated place of 
                hearing within the United States.
                    (B) Failure to obey a subpoena.--If a person 
                refuses to obey a subpoena issued under subparagraph 
                (a), the Commission may apply to a United States 
                district court for an order requiring that person to 
                appear before the Commission to give testimony, produce 
                evidence, or both, relating to the matter under 
                investigation. The application may be made within the 
                judicial district where the hearing is conducted or 
                where that person is found, resides, or transacts 
                business. Any failure to obey the order of the court 
                may be punished by the court as civil contempt.
                    (C) Service of subpoenas.--The subpoenas of the 
                Commission shall be served in the manner provided for 
                subpoenas issued by a United States district court 
                under the Federal Rules of Civil Procedure for the 
                United States district courts.
                    (D) Service of process.--All process of any court 
                to which application is made under paragraph (2) may be 
                served in the judicial district in which the person 
                required to be served resides or may be found.
    (d) Pay and Travel Expenses.--
            (1) Pay.--
                    (A) Members.--Each member, other than the chair, 
                shall be paid at a rate equal to the daily equivalent 
                of the minimum annual rate of basic pay payable for 
                level IV of the Executive Schedule under section 5315 
                of title 5, United States Code, for each day (including 
                travel time) during which the member is engaged in the 
                actual performance of duties vested in the Commission.
                    (B) Chair.--The chair shall be paid for each day 
                referred to in subparagraph (A) at a rate equal to the 
                daily equivalent of the minimum annual rate of basic 
                pay payable for level III of the Executive Schedule 
                under section 5314 of title 5, United States Code.
            (2) Travel expenses.--Members shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (e) Director of Staff.--
            (1) In general.--The Commission shall appoint a Director.
            (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.
    (f) Staff.--
            (1) In general.--Subject to paragraph (2), the Director, 
        with the approval of the Commission, may appoint and fix the 
        pay of additional personnel from the public and private 
        sectors.
            (2) Limitations on appointment.--The Director may make such 
        appointments without regard to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and any personnel so appointed 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 an individual so appointed may 
        not receive pay in excess of the annual rate of basic pay 
        payable for GS-18 of the General Schedule.
            (3) Agency assistance.--Following consultation with and 
        upon request of the Director, the head of any Federal 
        department or agency shall detail any of the personnel of that 
        department or agency to the Commission to assist the Commission 
        in carrying out its duties under this Act.
            (4) GAO and oira assistance.--The Comptroller General of 
        the United States and the Administrator of the Office of 
        Information and Regulatory Affairs shall provide assistance, 
        including the detailing of employees, to the Commission in 
        accordance with an agreement entered into with the Commission.
            (5) Assistance from other parties.--Congress, the States, 
        municipalities, federally recognized Indian tribes, and local 
        governments may provide assistance, including the detailing of 
        employees, to the Commission in accordance with an agreement 
        entered into with the Commission.
    (g) Other Authority.--
            (1) Experts and consultants.--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.
            (2) Property.--The Commission may lease space and acquire 
        personal property to the extent funds are available.
    (h) Duties of the Commission.--
            (1) In general.--The Commission shall conduct a review of 
        the Code of Federal Regulations to identify rules and sets of 
        rules that collectively implement a regulatory program that 
        should be repealed to lower the cost of regulation to the 
        economy. The Commission shall give priority in its review to 
        rules or sets of rules that are major rules or include major 
        rules, have been in effect more than 15 years, impose paperwork 
        burdens that could be reduced substantially without 
        significantly diminishing regulatory effectiveness, impose 
        disproportionately high costs on entities that qualify as small 
        entities within the meaning of section 601(6) of title 5, 
        United States Code, or could be strengthened in their 
        effectiveness while reducing regulatory costs. The Commission 
        shall have as its goal to achieve a reduction of at least 15 
        percent in the cumulative costs of Federal regulation with a 
        minimal reduction in the overall effectiveness of such 
        regulation.
            (2) Nature of review.--To identify which rules and sets of 
        rules should be repealed to lower the cost of regulation to the 
        economy, the Commission shall apply the following criteria:
                    (A) Whether the original purpose of the rule or set 
                of rules was achieved, and the rule or set of rules 
                could be repealed without significant recurrence of 
                adverse effects or conduct that the rule or set of 
                rules was intended to prevent or reduce.
                    (B) Whether the implementation, compliance, 
                administration, enforcement or other costs of the rule 
                or set of rules to the economy are not justified by the 
                benefits to society within the United States produced 
                by the expenditure of those costs.
                    (C) Whether the rule or set of rules has been 
                rendered unnecessary or obsolete, taking into 
                consideration the length of time since the rule was 
                made and the degree to which technology, economic 
                conditions, market practices, or other relevant factors 
                have changed in the subject area affected by the rule 
                or set of rules.
                    (D) Whether the rule or set of rules is ineffective 
                at achieving the rule or set's purposes.
                    (E) Whether the rule or set of rules overlaps, 
                duplicates, or conflicts with other Federal rules, and 
                to the extent feasible, with State and local 
                governmental rules.
                    (F) Whether the rule or set of rules has excessive 
                compliance costs or is otherwise excessively 
                burdensome, as compared to alternatives that--
                            (i) specify performance objectives rather 
                        than conduct or manners of compliance;
                            (ii) establish economic incentives to 
                        encourage desired behavior;
                            (iii) provide information upon which 
                        choices can be made by the public;
                            (iv) incorporate other innovative 
                        alternatives rather than agency actions that 
                        specify conduct or manners of compliance; or
                            (v) could in other ways substantially lower 
                        costs without significantly undermining 
                        effectiveness.
                    (G) Whether the rule or set of rules inhibits 
                innovation in or growth of the United States economy, 
                such as by impeding the introduction or use of safer or 
                equally safe technology that is newer or more efficient 
                than technology required by or permissible under the 
                rule or set of rules.
                    (H) Whether or not the rule or set of rules harms 
                competition within the United States economy or the 
                international economic competitiveness of enterprises 
                or entities based in the United States.
                    (I) Such other criteria as the Commission devises 
                to identify rules and sets of rules that can be 
                repealed to eliminate or reduce unnecessarily 
                burdensome costs to the United States economy.
            (3) Methodology for review.--The Commission shall establish 
        a methodology for conducting its review (including its overall 
        review and discrete reviews of portions of the Code of Federal 
        Regulations), identifying rules and sets of rules, and 
        classifying rules under this subsection and publish the terms 
        of its methodology in the Federal Register and on an Internet 
        Website of the Commission. The Commission may propose and seek 
        public comment on the methodology before the methodology is 
        established.
            (4) Classification of rules and sets of rules.--
                    (A) In general.--After completion of any review of 
                rules or sets of rules under paragraph (2), the 
                Commission shall classify each rule or set of rules 
                identified in the review to qualify for recommended 
                repeal as either a rule or set of rules--
                            (i) on which immediate action to repeal is 
                        recommended; or
                            (ii) that should be eligible for repeal 
                        under regulatory cut-go procedures under title 
                        II.
                    (B) Decisions by majority.--Each decision by the 
                Commission to identify a rule or set of rules for 
                classification under this paragraph, and each decision 
                whether to classify the rule or set of rules under 
                subparagraph (A)(i) or, instead, subparagraph (A)(ii), 
                shall be made by a simple majority vote of the 
                Commission. No such vote shall take place until afer 
                all members of the Commission have been confirmed by 
                the Senate.
            (5) Initiation of review by other persons.--
                    (A) In general.--The Commission may also conduct a 
                review under paragraph (2) of, and, if appropriate, 
                classify under paragraph (4), any rule or set of rules 
                that is submitted for review to the Commission by--
                            (i) the President;
                            (ii) a Member of Congress;
                            (iii) any officer or employee of a Federal, 
                        State, local or tribal government, or regional 
                        governmental body; or
                            (iv) any member of the public.
                    (B) Form of submission.--A submission to the 
                Commission under this paragraph shall--
                            (i) identify the specific rule or set of 
                        rules submitted for review;
                            (ii) provide a statement of evidence to 
                        demonstrate that the rule or set of rules 
                        qualifies to be identified for repeal under the 
                        criteria listed in paragraph (2); and
                            (iii) such other information as the 
                        submitter believes may be helpful to the 
                        Commission's review, including a statement of 
                        the submitter's interest in the matter.
    (i) Notices and Reports of the Commission.--
            (1) Notices of and reports on activities.--The Commission 
        shall publish, in the Federal Register and on an Internet 
        Website of the Commission--
                    (A) notices in advance of all public meetings and 
                hearings and classifications under subsection (h) 
                informing the public of the basis, purpose and 
                procedures for the meeting, hearing or classification; 
                and
                    (B) reports after the conclusion of any public 
                meeting, hearing, or classification under subsection 
                (h) summarizing in detail the basis, purpose and 
                substance of the meeting, hearing, or classification.
            (2) Annual reports to congress.--Each year, beginning on 
        the date that is one year after the date by which all 
        Commission members have been confirmed by the Senate, the 
        Commission shall submit a report simultaneously to each House 
        of Congress detailing the activities of the Commission for the 
        previous year, and listing all rules and sets of rules 
        classified under subsection (h) during that year. For each rule 
        or set of rules so listed, the Commission shall--
                    (A) identify the agency that made the rule or set 
                of rules;
                    (B) identify the annual cost of the rule or set of 
                rules to the United States economy and the bases upon 
                which the Commission identified that cost;
                    (C) identify whether the rule or set of rules was 
                classified under subsection (h)(4)(A)(i) or 
                (h)(4)(A)(ii);
                    (D) identify the criteria under subsection (h)(2) 
                that caused the classification of the rule or set of 
                rules and the bases upon which the Commission 
                determined that those criteria were met;
                    (E) for each rule or set of rules listed under the 
                criteria set forth in section 101(h)(2) (B), (D), (F), 
                (G), or (H), or other criteria established by the 
                Commission under subsection (h)(2)(I) under which the 
                Commission evaluated alternatives to the rule or set of 
                rules that could lead to lower regulatory costs, 
                identify alternatives to the rule or set of rules that 
                the Commission recommends the agency consider as 
                replacements for the rule or set of rules and the bases 
                on which the Commission rests its recommendations, and, 
                in identifying such alternatives, emphasize 
                alternatives that will achieve regulatory effectiveness 
                at the lowest cost and with the lowest adverse impacts 
                on jobs;
                    (F) for each rule or set of rules listed under the 
                criteria set forth in section 101(h)(2)(E), the other 
                Federal, State or local governmental rules that the 
                Commission found the rule or set of rules to overlap, 
                duplicate, or conflict with, and the bases for the 
                Commission's findings; and
                    (G) in the case of each set of rules so listed, 
                analyze whether Congress should also consider repeal of 
                the statutory authority implemented by the set of 
                rules.
            (3) Final report.--Not later than the date on which the 
        Commission members' appointments expire, the Commission shall 
        submit a final report simultaneously to each House of Congress 
        summarizing all activities and recommendations of the 
        Commission, including a list of all rules or sets of rules the 
        Commission classified under subparagraph (h)(4)(A)(i) for 
        immediate action to repeal, a separate list of all rules or 
        sets of rules the Commission classified under subparagraph 
        (h)(4)(A)(ii) for repeal, and with regard to each rule or set 
        of rules listed on either list, the information described in 
        subparagraphs (A) through (F) of paragraph (2). This report may 
        be included in the final annual report of the Commission under 
        paragraph (2) and may include the Commission's recommendation 
        whether the Commission should be reauthorized by Congress.
    (j) Repeal of Regulations; Congressional Consideration of 
Commission Reports.--
            (1) In general.--Subject to paragraph (2)--
                    (A) the head of each agency with authority to 
                repeal a rule or set of rules classified by the 
                Commission under subparagraph (h)(4)(A)(i) for 
                immediate action to repeal and newly listed as such in 
                an annual or final report of the Commission under 
                subsection (i) (2) or (3) shall repeal the rule or set 
                of rules as recommended by the Commission within 60 
                days after the enactment of a joint resolution under 
                paragraph (2) for approval of the recommendations of 
                the Commission in the report; and
                    (B) the head of each agency with authority to 
                repeal a rule or set of rules classified by the 
                Commission under subparagraph (h)(4)(A)(ii) for repeal 
                and newly listed as such in an annual or final report 
                of the Commission under subsection (i) (2) or (3) shall 
                repeal the rule or set of rules as recommended by the 
                Commission pursuant to section 201, following the 
                enactment of a joint resolution under paragraph (2) for 
                approval of the recommendations of the Commission in 
                the report.
            (2) Congressional approval.--
                    (A) In general.--No head of an agency described in 
                paragraph (1) shall be required by this Act to carry 
                out a repeal listed by the Commission in a report 
                transmitted to Congress under subsection (i) (2) or (3) 
                until a joint resolution is enacted, in accordance with 
                the provisions of subparagraph (B), approving such 
                recommendations of the Commission for repeal.
                    (B) Terms of the resolution.--For purposes of 
                paragraph (A), the term ``joint resolution'' means only 
                a joint resolution which is introduced after the date 
                on which the Commission transmits to the Congress under 
                subsection (i) (2) or (3) the report containing the 
                recommendations to which the resolution pertains, and--
                            (i) which does not have a preamble;
                            (ii) the matter after the resolving clause 
                        of which is only as follows: ``That Congress 
                        approves the recommendations for repeal of the 
                        Retrospective Regulatory Review Commission as 
                        submitted by the Commission on ____'', the 
                        blank space being filled in with the 
                        appropriate date; and
                            (iii) the title of which is as follows: 
                        ``Approving recommendations for repeal of the 
                        Retrospective Regulatory Review Commission.''.
    (k) Transfer of Funds From Regulatory Agencies.--Of the unobligated 
amounts made available in future fiscal years for each agency that 
makes rules subject to review by the Commission, up to 1 percent or 
$25,000,000, whichever is greater, shall be available for the 
Commission.
    (l) Consultation Between the Chairman and the Director.--The 
Chairman of the Commission shall consult with the Director of the 
Office of Management and Budget before making requests for agency funds 
under paragraph (j).

                      TITLE II--REGULATORY CUT-GO

SEC. 201. CUT-GO PROCEDURES.

    (a) In General.--Except as provided in section 101(j)(2)(A) or 
section 202, an agency, when the agency makes a new rule, shall repeal 
rules or sets of rules of that agency classified by the Commission 
under section 101(h)(4)(A)(ii), such that the annual costs of the new 
rule to the United States economy is offset by such repeals, in an 
amount equal to or greater than the cost of the new rule, based on the 
regulatory cost reductions of repeal identified by the Commission.
    (b) Alternative Procedure.--An agency may, alternatively, repeal 
rules or sets of rules of that agency classified by the Commission 
under section 101(h)(4)(A)(ii) prior to the time specified in 
subsection (a). If the agency so repeals such a rule or set of rules 
and thereby reduces the annual, inflation-adjusted cost of the rule or 
set of rules to the United States economy, the agency may thereafter 
apply the reduction in regulatory costs, based on the regulatory cost 
reductions of repeal identified by the Commission, to meet, in whole or 
in part, the regulatory cost reduction required under subsection (a) of 
this section to be made at the time the agency promulgates a new rule.
    (c) Achievement of Full Net Cost Reductions.--
            (1) In general.--Subject to the provisions of paragraph 
        (2), an agency may offset the costs of a new rule or set of 
        rules by repealing a rule or set of rules listed by the 
        Commission under section 101(h)(4)(A)(ii) that implement the 
        same statutory authority as the new rule or set of rules.
            (2) Limitation.--When using the authority provided in 
        paragraph (1), the agency must achieve a net reduction in costs 
        imposed by the agency's body of rules (including the new rule 
        or set of rules) that is equal to or greater than the cost of 
        the new rule or set of rules to be promulgated, including, 
        whenever necessary, by repealing additional rules of the agency 
        listed by the Commission under section 101(h)(4)(A)(ii).

SEC. 202. APPLICABILITY.

    An agency shall no longer be subject to the requirements of 
sections 201 and 203 beginning on the date that there is no rule or set 
of rules of the agency classified by the Commission under section 
101(h)(4)(A)(ii) that has not been repealed such that all regulatory 
cost reductions identified by the Commission to be achievable through 
repeal have been achieved.

SEC. 203. OIRA CERTIFICATION OF COST CALCULATIONS.

    The Administrator of the Office of Information and Regulatory 
Affairs of the Office of Management and Budget shall review and certify 
the accuracy of agency determinations of the costs of new rules under 
section 201. The certification shall be included in the administrative 
record of the relevant rulemaking by the agency promulgating the rule, 
and the Administrator shall transmit a copy of the certification to 
Congress when it transmits the certification to the agency.

              TITLE III--RETROSPECTIVE REVIEW OF NEW RULES

SEC. 301. PLAN FOR FUTURE REVIEW.

    When an agency makes a rule, the agency shall include in the final 
issuance of such rule a plan for the review of such rule by not later 
than 10 years after the date such rule is made. Such a review, in the 
case of a major rule, shall be substantially similar to the review by 
the Commission under section 101(h). In the case of a rule other than a 
major rule, the agency's plan for review shall include other procedures 
and standards to enable the agency to determine whether to repeal or 
amend the rule to eliminate unnecessary regulatory costs to the 
economy. Whenever feasible, the agency shall include a proposed plan 
for review of a proposed rule in its notice of proposed rulemaking and 
shall receive public comment on the plan.

                       TITLE IV--JUDICIAL REVIEW

SEC. 401. JUDICIAL REVIEW.

    (a) Immediate Repeals.--Agency compliance with section 101(j) of 
this Act shall be subject to judicial review under chapter 7 of title 
5, United States Code.
    (b) Cut-Go Procedures.--Agency compliance with title II of this Act 
shall be subject to judicial review under chapter 7 of title 5, United 
States Code.
    (c) Plans for Future Review.--Agency compliance with section 301 
shall be subject to judicial review under chapter 7 of title 5, United 
States Code.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. DEFINITIONS.

    In this Act:
            (1) The term ``agency'' has the meaning given such term in 
        section 551 of title 5, United States Code.
            (2) The term ``Commission'' means the Retrospective 
        Regulatory Review Commission established under section 101.
            (3) The term ``major rule'' means any rule that the 
        Administrator of the Office of Information and Regulatory 
        Affairs determines is likely to impose--
                    (A) an annual cost on the economy of $100,000,000 
                or more, adjusted annually for inflation;
                    (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, 
                local, or tribal government agencies, or geographic 
                regions;
                    (C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets; or
                    (D) significant impacts on multiple sectors of the 
                economy.
            (4) The term ``set of rules'' means a set of rules that 
        collectively implements a regulatory authority of an agency.
            (5) The term ``rule'' has the meaning given such term in 
        section 551 of title 5, United States Code.

SEC. 502. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 
beginning on the date of enactment.
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