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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 follow-
ing 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 con-
tained 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 FED-
ERAL TRUST FUNDS AND OTHER FEDERAL
ACCOUNTS.
(a) PROTECTION
OF FEDERAL FUNDS.—Notwith-
standing 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 Fed-
eral 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,
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if a purpose of such action or inaction is to not in-
crease the amount of outstanding public debt obliga-
tions, 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 out-
standing 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 ad-
ministrative expenses would not otherwise be payable
from a covered benefits fund by reason of an inabil-
ity to issue further public debt obligations because
of the applicable public debt limit, public debt obli-
gations 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 administra-
tive expenses.
(2) ISSUANCE OF CORRESPONDING DEBT.—For
purposes of undertaking the sale or redemption of
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public debt obligations held by a covered benefits
fund pursuant to paragraph (1), the Secretary of the
Treasury may issue corresponding public debt obli-
gations to the public, in order to obtain the cash
necessary for payment of benefits or administrative
expenses from such covered benefits fund, notwith-
standing the public debt limit.
(3) ADVANCE
NOTICE
OF
SALE
OR
REDEMP-
TION.—Not less than 3 days prior to the date on
which, by reason of the public debt limit, the Sec-
retary 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 re-
demption. Upon receipt of such report, the Comp-
troller General shall review the extent of compliance
with subsection (a) and paragraphs (1) and (2) of
this subsection and shall issue such findings and rec-
ommendations to each House of the Congress as the
Comptroller General considers necessary and appro-
priate.
(c) PUBLIC DEBT OBLIGATION.—For purposes of
this section, the term ‘‘public debt obligation’’ means any
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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 re-
spect of public money, money otherwise required to be de-
posited 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 pay-
ments, 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 Insur-
ance Trust Fund;
(2) the Federal Disability Insurance Trust
Fund;
(3) the Civil Service Retirement and Disability
Fund;
(4) the Government Securities Investment
Fund;
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(5) the Department of Defense Military Retire-
ment Fund;
(6) the Unemployment Trust Fund;
(7) each of the railroad retirement funds and
accounts;
(8) the Department of Defense Education Ben-
efits Fund and the Post-Vietnam Era Veterans Edu-
cation 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 sec-
tion 8438 of such title are hereby repealed.
SEC. 4. COMMITMENT TO A SEVEN–YEAR BALANCED BUDG-
ET.
(a) With the enactment of this Act the President
and the Congress commit to enacting legislation in cal-
endar 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 legis-
lation 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).
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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 So-
cial Security Act (42 U.S.C. 1395x(s)(2)(Q)) is amend-
ed—
(1) by striking ‘‘(Q)’’ and inserting ‘‘(Q)(i)’’; and
(2) by striking the semicolon at the end and in-
serting ‘‘, 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))’’.
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(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 sub-
section:
‘‘(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 expira-
tion 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 re-
moved, 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
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‘‘(D) the date on which the factual predicate of
the claim or claims presented could have been dis-
covered through the exercise of due diligence.
‘‘(2) The time during which a properly filed applica-
tion 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 sub-
section.’’.
SEC. 102. APPEAL.
Section 2253 of title 28, United States Code, is
amended to read as follows:
‘‘§ 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 ap-
peals 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 Unit-
ed States, or to test the validity of such person’s detention
pending removal proceedings.
‘‘(c)(1) Unless a circuit justice or judge issues a cer-
tificate of appealability, an appeal may not be taken to
the court of appeals from—
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‘‘(A) the final order in a habeas corpus proceed-
ing in which the detention complained of arises out
of process issued by a State court; or
‘‘(B) the final order in a proceeding under sec-
tion 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 proceed-
ings
‘‘(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,
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United States Code, appeal to the appropriate court of ap-
peals 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, Unit-
ed 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 certifi-
cate, 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 ad-
dressed 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 ad-
dressed 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.’’.
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SEC. 104. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is
amended—
(1) by amending subsection (b) to read as fol-
lows:
‘‘(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 proc-
ess 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, ex-
pressly waives the requirement.’’;
(2) by redesignating subsections (d), (e), and
(f) as subsections (e), (f), and (g), respectively;
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(3) by inserting after subsection (c) the follow-
ing 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 Su-
preme 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 proceed-
ing.’’;
(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 pursu-
ant 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 re-
butting the presumption of correctness by clear and con-
vincing evidence.
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‘‘(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 unavail-
able; or
‘‘(ii) a factual predicate that could not
have been previously discovered through the ex-
ercise of due diligence; and
‘‘(B) the facts underlying the claim would be
sufficient to establish by clear and convincing evi-
dence 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 sub-
sections:
‘‘(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 be-
comes financially unable to afford counsel, except as pro-
vided by a rule promulgated by the Supreme Court pursu-
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ant 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 proceed-
ings 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 undesig-
nated paragraphs; and
(2) by adding at the end the following new un-
designated 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 convic-
tion becomes final;
‘‘(2) the date on which the impediment to mak-
ing a motion created by governmental action in vio-
lation of the Constitution or laws of the United
States is removed, if the movant was prevented from
making a motion by such governmental action;
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‘‘(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. Appoint-
ment 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 evi-
dence that no reasonable factfinder would have
found the movant guilty of the offense; or
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‘‘(2) a new rule of constitutional law, made ret-
roactive to cases on collateral review by the Supreme
Court, that was previously unavailable.’’.
SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICA-
TIONS.
(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 APPLICA-
TIONS.—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 ha-
beas corpus application under section 2254 that was not
presented in a prior application shall be dismissed un-
less—
‘‘(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
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‘‘(B)(i) the factual predicate for the claim could
not have been discovered previously through the ex-
ercise 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 evi-
dence that, but for constitutional error, no reason-
able factfinder would have found the applicant guilty
of the underlying offense.
‘‘(3)(A) Before a second or successive application per-
mitted by this section is filed in the district court, the ap-
plicant shall move in the appropriate court of appeals for
an order authorizing the district court to consider the ap-
plication.
‘‘(B) A motion in the court of appeals for an order
authorizing the district court to consider a second or suc-
cessive 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.
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‘‘(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 pre-
sented 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 sec-
tion.’’.
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; suc-
cessive 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.
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‘‘§ 2261. Prisoners in State custody subject to capital
sentence; appointment of counsel; re-
quirement of rule of court or statute; pro-
cedures 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 ap-
pointment, compensation, and payment of reasonable liti-
gation expenses of competent counsel in State post-convic-
tion proceedings brought by indigent prisoners whose cap-
ital convictions and sentences have been upheld on direct
appeal to the court of last resort in the State or have oth-
erwise 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, compensa-
tion, and reimbursement of counsel as provided in sub-
section (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 rep-
resent the prisoner upon a finding that the prisoner
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is indigent and accepted the offer or is unable com-
petently 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 con-
sequences; 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 appoint-
ment 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 pre-
clude 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.
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‘‘§ 2262. Mandatory stay of execution; duration; limits
on stays of execution; successive peti-
tions
‘‘(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 in-
voked 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 sub-
section (a) shall expire if—
‘‘(1) a State prisoner fails to file a habeas cor-
pus 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 com-
petently 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 peti-
tion under section 2254 within the time required by
section 2263 and fails to make a substantial showing
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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 au-
thority to enter a stay of execution in the case, unless the
court of appeals approves the filing of a second or succes-
sive application under section 2244(b).
‘‘§ 2263. Filing of habeas corpus application; time re-
quirements; tolling rules
‘‘(a) Any application under this chapter for habeas
corpus relief under section 2254 must be filed in the ap-
propriate 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 re-
view by the court of last resort of the State or other
final State court decision on direct review;
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‘‘(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 sec-
tion.
‘‘§ 2264. Scope of Federal review; district court adju-
dications
‘‘(a) Whenever a State prisoner under capital sen-
tence 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;
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‘‘(2) the result of the Supreme Court recogni-
tion of a new Federal right that is made retro-
actively 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.
‘‘§ 2265. Application to State unitary review proce-
dure
‘‘(a) For purposes of this section, a ‘unitary review’
procedure means a State procedure that authorizes a per-
son under sentence of death to raise, in the course of di-
rect 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 proce-
dure 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 ex-
penses of competent counsel in the unitary review proceed-
ings, including expenses relating to the litigation of collat-
eral claims in the proceedings. The rule of court or statute
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must provide standards of competency for the appoint-
ment 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), concern-
ing appointment of counsel or waiver or denial of appoint-
ment 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 represen-
tation.
‘‘(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 re-
view’ and ‘direct review’ in such sections shall be under-
stood as referring to unitary review under the State proce-
dure. 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 represen-
tation in the unitary review proceedings, but if a tran-
script of the trial proceedings is unavailable at the time
of the filing of such an order in the appropriate State
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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.
‘‘§ 2266. Limitation periods for determining applica-
tions and motions
‘‘(a) The adjudication of any application under sec-
tion 2254 that is subject to this chapter, and the adjudica-
tion 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 mat-
ters.
‘‘(b)(1)(A) A district court shall render a final deter-
mination 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 is-
sues a written order making a finding, and stating the
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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 com-
plex, 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 ade-
quate 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 ob-
tain 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.
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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 sen-
tence.
‘‘(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.
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‘‘(B)(i) A court of appeals shall decide whether to
grant a petition for rehearing or other request for rehear-
ing 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 Su-
preme Court for further proceedings, in which case
the limitation period shall run from the date the re-
mand is ordered.
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‘‘(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 sen-
tence.
‘‘(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 limita-
tions 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.
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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 representa-
tion 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 pay-
ment 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 amend-
ments made by this title, and the application of the provi-
sions of such to any person or circumstances shall not be
affected thereby.
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TITLE II—ABOLISHMENT OF
DEPARTMENT OF COMMERCE
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘Department of Com-
merce 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 re-
duction 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 Eco-
nomic 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.
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CHAPTER 2—OFFICE OF UNITED STATES TRADE REPRESENTATIVE
SUBCHAPTER A—ESTABLISHMENT
Sec. 2311. Establishment of the Office.
Sec. 2312. Functions of the USTR.
SUBCHAPTER 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 Financial Officer.
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. Additional trade functions.
SUBCHAPTER 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 office.
SUBCHAPTER E—RELATED AGENCIES
Sec. 2361. Interagency Trade Organization.
Sec. 2362. National Security Council.
Sec. 2363. International Monetary Fund.
SUBCHAPTER F—CONFORMING AMENDMENTS
Sec. 2371. Amendments to general provisions.
Sec. 2372. Repeals.
Sec. 2373. Conforming amendments relating to Executive Schedule positions.
SUBCHAPTER G—MISCELLANEOUS
Sec. 2381. Effective date.
Sec. 2382. Interim appointments.
Sec. 2383. Funding reductions resulting from reorganization.
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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.
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Subtitle A—Abolishment of
Department of Commerce
SEC. 2101. ABOLISHMENT OF DEPARTMENT OF COMMERCE.
(a) ABOLISHMENT OF DEPARTMENT.—The Depart-
ment of Commerce is abolished effective on the abolish-
ment date specified in subsection (c).
(b) TRANSFER
OF DEPARTMENT FUNCTIONS
TO
OMB.—Except as otherwise provided in this title, all func-
tions that immediately before the abolishment date speci-
fied 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 Direc-
tor of the Office of Management and Budget effective on
that abolishment date.
(c) ABOLISHMENT DATE.—The abolishment date re-
ferred to in subsections (a) and (b) is the earlier of—
(1) the last day of the 6-month period begin-
ning on the date of the enactment of this Act; or
(2) September 30, 1996.
SEC. 2102. RESOLUTION AND TERMINATION OF DEPART-
MENT FUNCTIONS.
(a) RESOLUTION OF FUNCTIONS.—During the period
beginning on the date of enactment of this Act and ending
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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 termi-
nate on the functions termination date specified in sub-
section (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 im-
plementation of this subtitle, including—
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(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 nec-
essary to wind-up any outstanding affairs of the De-
partment 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 sub-
section (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
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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 sub-
title and subject to the availability of appropriations, the
Director may—
(1) enter into contracts;
(2) employ experts and consultants in accord-
ance 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 em-
ployee, performed functions that are transferred to
the Director under section 2101(b).
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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 Con-
gress specifying those actions taken and necessary to
be taken—
(A) to resolve those programs and func-
tions 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 legisla-
tion, if any, needed to reflect or otherwise to
implement the abolishments, transfers, termi-
nations, 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 func-
tions.
(b) ANNUAL STATUS REPORTS.—At the end of each
of the first, second, and third years following the date of
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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 af-
fairs of the Department of Commerce by the func-
tions 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 limi-
tations imposed by this Act on future spending for
continued functions.
(c) GAO REPORTS.—Not later than 60 days after is-
suance 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 Comp-
troller General considers appropriate.
SEC. 2106. GAO AUDIT AND ACCESS TO RECORDS.
(a) AUDIT OF PERSONS PERFORMING FUNCTIONS
PURSUANT TO THIS ACT.—All agencies, corporations, or-
ganizations, 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
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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 provi-
sion 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 de-
termine 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
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Comptroller General, shall have access to, and the
right to examine and copy, all records and other re-
corded 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 rel-
evant 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 follow-
ing item: ‘‘The Department of Commerce.’’.
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(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 Com-
merce 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 At-
mosphere, the incumbent of which also serves as Adminis-
trator of the National Oceanic and Atmospheric Adminis-
tration.’’; 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:
132
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tion 1341 of title 31, United States Code, and
section 11 of title 41, United States Code, the
Administrator of Science, Oceans, and the At-
mosphere may acquire data under multiyear
contracts.
(B) REQUIRED FINDINGS.—The Adminis-
trator 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 reason-
able expectation that throughout the con-
templated contract period the Administrator
will request from Congress funding for the con-
tract at the level required to avoid contract ter-
mination.
(C) REQUIRED PROVISIONS.—The Admin-
istrator 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 obliga-
tion of the United States to make pay-
ments under the contract for any fiscal
year is subject to the availability of appro-
priations provided in advance for those
payments;