In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Government Waste 
Reduction Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Board.
Sec. 3. Duties of the Board.
Sec. 4. Powers of the Board.
Sec. 5. Board personnel matters.
Sec. 6. Congressional consideration of Board recommendations.
Sec. 7. Termination of the Board.

SEC. 2. ESTABLISHMENT OF BOARD.

    (a) Establishment.--There is established the Independent Government 
Waste Reduction Board (hereafter in this Act referred to as the 
``Board'').
    (b) Membership.--
            (1) In general.--
                    (A) Appointment.--The Board shall be composed of 15 
                members appointed by the President, by and with the 
                advice and consent of Congress.
                    (B) Qualifications.--The members of the Board shall 
                include individuals with national recognition for their 
                expertise in agencies, efficiency, waste reduction, 
                finance and economics, actuarial sciences, who provide 
                a mix of different professionals, broad geographic 
                representation, and a balance between urban and rural 
                representatives.
                    (C) Ethical disclosure.--The President shall 
                establish a system for public disclosure by members of 
                the Board of financial and other potential conflicts of 
                interest relating to such members. Members of the Board 
                shall be treated as officers in the executive branch 
                for purposes of applying title I of the Ethics in 
                Government Act of 1978 (Public Law 95-521).
                    (D) Conflicts of interest.--No individual may serve 
                as a member of the Board if that individual engages in 
                any other business, vocation, or employment.
                    (E) Consultation with congress.--In selecting 
                individuals for nominations for appointments to the 
                Board, the President shall consult with--
                            (i) the majority leader of the Senate 
                        concerning the appointment of 3 members;
                            (ii) the Speaker of the House of 
                        Representatives concerning the appointment of 3 
                        members;
                            (iii) the minority leader of the Senate 
                        concerning the appointment of 3 members; and
                            (iv) the minority leader of the House of 
                        Representatives concerning the appointment of 3 
                        members.
            (2) Term of office.--Each member shall hold office for the 
        duration of the Board.
            (3) Chairperson.--
                    (A) In general.--The Chairperson shall be appointed 
                by the President, by and with the advice and consent of 
                the Senate, from among the members of the Board.
                    (B) Duties.--The Chairperson shall be the principal 
                executive officer of the Board, and shall exercise all 
                of the executive and administrative functions of the 
                Board, including functions of the Board with respect 
                to--
                            (i) the appointment and supervision of 
                        personnel employed by the Board;
                            (ii) the distribution of business among 
                        personnel appointed and supervised by the 
                        Chairperson and among administrative units of 
                        the Board; and
                            (iii) the use and expenditure of funds.
                    (C) Governance.--In carrying out any of the 
                functions under subparagraph (B), the Chairperson shall 
                be governed by the general policies established by the 
                Board and by the decisions, findings, and 
                determinations the Board shall by law be authorized to 
                make.
                    (D) Requests for appropriations.--Requests or 
                estimates for regular, supplemental, or deficiency 
                appropriations on behalf of the Board may not be 
                submitted by the Chairperson without the prior approval 
                of a majority vote of the Board.
            (4) Removal.--Any member may be removed by the President 
        for neglect of duty or malfeasance in office, but for no other 
        cause.
    (c) Vacancies; Quorum; Seal; Vice Chairperson; Voting on Reports.--
            (1) Vacancies.--No vacancy on the Board shall impair the 
        right of the remaining members to exercise all the powers of 
        the Board.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum for the transaction of business, but a 
        lesser number of members may hold hearings.
            (3) Seal.--The Board shall have an official seal, of which 
        judicial notice shall be taken.
            (4) Vice chairperson.--The Board shall elect a Vice 
        Chairperson to act in the absence or disability of the 
        Chairperson or in case of a vacancy in the office of the 
        Chairperson.
            (5) Voting on proposals.--Any proposal of the Board must be 
        approved by the majority of members present.

SEC. 3. DUTIES OF THE BOARD.

    (a) Submission of Report.--Not later than one year after the date 
of the enactment of this Act, the Board shall submit to Congress and 
the President a report that advises specific implementation of the 
recommendations from the March 2011 Government Accountability Office 
report to Congress, entitled ``Opportunities to Reduce Potential 
Duplication in Government Programs, Save Tax Dollars, and Enhance 
Revenue'' (GAO-11-318SP) and the February 2012 Government 
Accountability Office report to Congress, entitled ``Opportunities to 
Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and 
Enhance Revenue'' (GAO-12-342SP) and shall include--
            (1) a summary of the recommendations;
            (2) an explanation of each recommendation contained in the 
        report and the reasons for including such recommendation;
            (3) an opinion by the Government Accountability Office on 
        whether each recommendation is consistent with the intent of 
        such Government Accountability Office reports;
            (4) a legislative proposal that implements the 
        recommendations; and
            (5) other information determined appropriate by the Board.
    (b) Recommendations Requirements.--
            (1) Requirements.--Each recommendation in the report 
        submitted under subsection (a)--
                    (A) shall result in a decrease of overall 
                Government spending or an increase of Government 
                revenue; and
                    (B) shall not result in--
                            (i) any cut in benefits for veterans, 
                        members of the Armed Forces, or their families; 
                        or
                            (ii) any cut in benefits for seniors, 
                        including--
                                    (I) the elimination of guaranteed 
                                health insurance benefits for seniors 
                                or people with disabilities;
                                    (II) the conversion of Medicare 
                                into a voucher plan that provides 
                                limited payments to seniors or people 
                                with disabilities to purchase health 
                                care in the private health insurance 
                                market;
                                    (III) cuts in Medicaid health 
                                insurance benefits;
                                    (IV) cuts in nursing home care; or
                                    (V) privatization of Social 
                                Security benefits.
            (2) Consultation with other agencies.--The Board shall 
        consult regularly with the Government Accountability Office and 
        other agencies in making the recommendations required under 
        this section.

SEC. 4. POWERS OF THE BOARD.

    (a) Hearings.--The Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Board considers advisable to carry out this Act.
    (b) Obtaining Official Data.--The Board may secure directly from 
any department or agency information necessary to enable it to carry 
out this section. Upon request of the Chairperson, the head of that 
department or agency shall furnish that information to the Board on an 
agreed upon schedule.
    (c) Postal Services.--The Board may use the United States mails in 
the same manner and under the same conditions as other agencies of the 
Federal Government.
    (d) Gifts.--The Board may accept, use, and dispose of gifts or 
donations of services or property.
    (e) Offices.--The Board shall maintain a principal office and such 
field offices as it determines necessary, and may meet and exercise any 
of its powers at any other place.

SEC. 5. BOARD PERSONNEL MATTERS.

    (a) Compensation of Members and Chairperson.--Each member of the 
Board, other than the Chairperson, shall be compensated at a rate equal 
to the annual rate of basic pay prescribed for level III of the 
Executive Schedule under section 5315 of title 5, United States Code. 
The Chairperson shall be compensated at a rate equal to the daily 
equivalent of the annual rate of basic pay prescribed for level II of 
the Executive Schedule under section 5315 of title 5, United States 
Code.
    (b) Travel Expenses.--The members of the Board shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Board.
    (c) Staff.--
            (1) In general.--The Chairperson may, without regard to the 
        civil service laws and regulations, appoint and terminate an 
        executive director and such other additional personnel as may 
        be necessary to enable the Board to perform its duties. The 
        employment of an executive director shall be subject to 
        confirmation by the Board.
            (2) Compensation.--The Chairperson may fix the compensation 
        of the executive director and other personnel without regard to 
        chapter 51 and subchapter III of chapter 53 of title 5, United 
        States Code, relating to classification of positions and 
        General Schedule pay rates, except that the rate of pay for the 
        executive director and other personnel may not exceed the rate 
        payable for level V of the Executive Schedule under section 
        5316 of such title.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Board without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates for 
individuals which do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.

SEC. 6. CONGRESSIONAL CONSIDERATION OF BOARD RECOMMENDATIONS.

    (a) Introduction.--
            (1) In general.--On the day on which the report is 
        submitted by the Board to the Congress under section 3(a), the 
        legislative proposal (described in section 3(a)(4)) contained 
        in the report shall be introduced (by request) in the Senate by 
        the majority leader of the Senate or by Members of the Senate 
        designated by the majority leader of the Senate and shall be 
        introduced (by request) in the House by the majority leader of 
        the House or by Members of the House designated by the majority 
        leader of the House.
            (2) Not in session.--If either House is not in session on 
        the day on which such legislative proposal is submitted, the 
        legislative proposal shall be introduced in that House, as 
        provided in subparagraph (A), on the first day thereafter on 
        which that House is in session.
            (3) Any member.--If the legislative proposal is not 
        introduced in either House within 5 days on which that House is 
        in session after the day on which the legislative proposal is 
        submitted, then any Member of that House may introduce the 
        legislative proposal.
            (4) Referral.--The legislation introduced under this 
        subsection in the House of Representatives shall be referred to 
        the Committee on Oversight and Government Reform of the House 
        of Representatives. The legislation introduced under this 
        subsection in the Senate shall be referred to the Committee on 
        Homeland Security and Governmental Affairs of the Senate.
    (b) Discharge.--If the committee to which a legislative proposal 
described in subsection (a) is referred has not reported the bill 
containing such proposal by the end of the 20-day period beginning on 
the date on which the Board submits the report to Congress under 
section 3(a), such committee shall be, at the end of such period, 
discharged from further consideration of such bill, and such bill shall 
be placed on the appropriate calendar of the House involved.
    (c) Expedited Consideration.--
            (1) Consideration.--On or after the third day after the 
        date on which the committee to which such a bill is referred 
        has reported, or has been discharged (under subsection (b)) 
        from further consideration of, such a bill, it is in order 
        (even though a previous motion to the same effect has been 
        disagreed to) for any Member of the respective House to move to 
        proceed to the consideration of the bill. A member may make the 
        motion only on the day after the calendar day on which the 
        Member announces to the House concerned the Member's intention 
        to make the motion, except that, in the case of the House of 
        Representatives, the motion may be made without such prior 
        announcement if the motion is made by direction of the 
        committee to which the bill was referred. The motion is highly 
        privileged in the House of Representatives and is privileged in 
        the Senate 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 bill is agreed to, the respective 
        House shall immediately proceed to consideration of the bill 
        without intervening motion, order, or other business, and the 
        bill shall remain the unfinished business of the respective 
        House until disposed of.
            (2) Debate.--Debate on the bill, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 2 hours, which shall be divided equally 
        between those favoring and those opposing the bill. An 
        amendment to the 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 bill is not in order. A 
        motion to reconsider the vote by which the bill is agreed to or 
        disagreed to is not in order.
            (3) Vote on final passage.--Immediately following the 
        conclusion of the debate on the bill and a single quorum call 
        at the conclusion of the debate if requested in accordance with 
        the rules of the appropriate House, the vote on final passage 
        of the bill shall occur.
            (4) Appeals.--Appeals from the decisions of the Chair 
        relating to the application of the rules of the Senate or the 
        House of Representatives, as the case may be, to the procedure 
        relating to the bill shall be decided without debate.
    (d) Consideration by Other House.--
            (1) Before passage.--If, before the passage by one House of 
        a bill of that House described in subsection (b), that House 
        receives from the other House a bill described in subsection 
        (b), then the following procedures shall apply--
                    (A) the bill of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in subparagraph (B)(ii); and
                    (B) with respect to a bill described in subsection 
                (b) of the House receiving the bill (i) the procedure 
                in that House shall be the same as if no bill had been 
                received from the other House; but (ii) the vote on 
                final passage shall be on the bill of the other House.
            (2) After passage.--Upon disposition of the bill received 
        from the other House, it shall no longer be in order to 
        consider the bill that originated in the receiving House.
    (e) 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 a bill described in subsection (b), 
        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.
    (f) Calendar Day Defined.--In this section, the term ``calendar 
day'' means a calendar day other than one on which either House is not 
in session because of an adjournment of more than three days to a date 
certain.

SEC. 7. TERMINATION OF THE BOARD.

    The Board shall terminate 120 days after the date on which the 
Board submits the report under section 3(a).

Output: Government Waste Reduction Act of 2013 - Establishes the Independent Government Waste Reduction Board, the membership of which shall include individuals with national recognition for expertise in agencies, waste reduction, finance and economics, and actuarial sciences. Requires the Board to submit to Congress and the President a report that advises specific implementation of the recommendations from the March 2011 Government Accountability Office (GAO) report &quot;Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue&quot; and the February 2012 GAO report &quot;Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue.&quot; Sets forth procedures for congressional consideration of the Board's recommendations.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scientifically Identifying the Need 
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

    Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(3)(A)) is amended to read as follows:
            ``(A) may designate any habitat of a species that is 
        determined under paragraph (1) to be an endangered species or 
        threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

    (a) Best Scientific and Commercial Data Available.--
            (1) In general.--Section 3 of the Endangered Species Act of 
        1973 (16 U.S.C. 1532) is amended--
                    (A) by amending the section heading to read as 
                follows:

``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

                    (B) by striking ``For the purposes of this Act--'' 
                and inserting the following:
    ``(a) Definitions.--In this Act:''; and
                    (C) by adding at the end the following:
    ``(b) Use of Certain Data.--In any case in which the Secretary is 
required by this Act to use the best scientific and commercial data 
available, the Secretary, in evaluating comparable data, shall give 
greater weight to scientific or commercial data that is empirical or 
has been field-tested or peer-reviewed.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of the Endangered Species Act of 1973 (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        3 and inserting the following:

``Sec. 3. Definitions and general provisions.''.
    (b) Use of Sound Science in Listing.--Section 4(b) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding 
at the end the following:
            ``(9) Establishment of criteria for scientific studies to 
        support listing.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall promulgate 
        regulations that establish criteria that must be met for 
        scientific and commercial data to be used as the basis of a 
        determination under this section that a species is an 
        endangered species or a threatened species.
            ``(10) Field data.--
                    ``(A) Requirement.--The Secretary may not determine 
                that a species is an endangered species or a threatened 
                species unless the determination is supported by data 
                obtained by observation of the species in the field.
                    ``(B) Data from landowners.--The Secretary shall--
                            ``(i) accept and acknowledge receipt of 
                        data regarding the status of a species that is 
                        collected by an owner of land through 
                        observation of the species on the land; and
                            ``(ii) include the data in the rulemaking 
                        record compiled for any determination that the 
                        species is an endangered species or a 
                        threatened species.''.
    (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding 
at the end the following:
    ``(6)(A) The Secretary shall identify and publish in the Federal 
Register with the notice of a proposed regulation pursuant to paragraph 
(5)(A)(i) a description of additional scientific and commercial data 
that would assist in the preparation of a recovery plan and--
            ``(i) invite any person to submit the data to the 
        Secretary; and
            ``(ii) describe the steps that the Secretary plans to take 
        for acquiring additional data.
    ``(B) Data identified and obtained under subparagraph (A)(i) shall 
be considered by the recovery team and the Secretary in the preparation 
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended by adding at the end the following:
    ``(j) Independent Scientific Review Requirements.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Action.--The term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under subsection (a);
                            ``(ii) the determination under subsection 
                        (a) that an endangered species or a threatened 
                        species be removed from any list published 
                        under subsection (c)(1);
                            ``(iii) the development of a recovery plan 
                        for a threatened species or endangered species 
                        under subsection (f); and
                            ``(iv) the determination that a proposed 
                        action is likely to jeopardize the continued 
                        existence of a listed species and the proposal 
                        of any reasonable and prudent alternatives by 
                        the Secretary under section 7(b)(3).
                    ``(B) Qualified individual.--The term `qualified 
                individual' means an individual with expertise in the 
                biological sciences--
                            ``(i) who through publication of peer-
                        reviewed scientific literature or other means, 
                        has demonstrated scientific expertise on the 
                        species or a similar species or other 
                        scientific expertise relevant to the decision 
                        of the Secretary under subsection (a) or (f);
                            ``(ii) who does not have, or represent any 
                        person with, a conflict of interest with 
                        respect to the determination that is the 
                        subject of the review;
                            ``(iii) who is not a participant in any 
                        petition or proposed or final determination 
                        before the Secretary; and
                            ``(iv) who has no direct financial 
                        interest, and is not employed by any person 
                        with a direct financial interest, in opposing 
                        the action under consideration.
            ``(2) List of independent scientific reviewers.--The 
        Secretary shall solicit recommendations from the National 
        Academy of Sciences and develop and maintain a list of 
        qualified reviewers to participate in independent scientific 
        review actions.
            ``(3) Appointment of independent scientific reviewers.--(A) 
        Before any action shall become final, the Secretary shall 
        appoint randomly, from among the list prepared in accordance 
        with this section, 3 qualified individuals who shall review and 
        report to the Secretary on the scientific information and 
        analyses on which the proposed action is based.
            ``(B) The selection and activities of the referees selected 
        pursuant to this section shall not be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            ``(C) Reviewers shall be compensated for conducting the 
        independent review.
            ``(4) Opinion of peer reviewers.--Independent reviewers 
        shall provide the Secretary, within 3 months, their opinion 
        regarding all relevant scientific information and assumptions 
        relating to the taxonomy, population models, and supportive 
        biological and ecological information for the species in 
        question.
            ``(5) Final determination.--If the referees have made a 
        recommendation on a proposed action, the Secretary shall 
        evaluate and consider the information that results from the 
        independent scientific review and include in the final 
        determination--
                    ``(A) a summary of the results of the independent 
                scientific review; and
                    ``(B) in a case in which the recommendation of a 
                majority of the referees who conducted the independent 
                scientific review is not followed, an explanation as to 
                why the recommendation was not followed.
            ``(6) Public notice.--The report of the peer reviewers 
        shall be included in the official record of the proposed action 
        and shall be available for public review prior to the close of 
        the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

    (a) Use of Information Provided by States.--Section 7(b)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by 
adding at the end the following:
                    ``(C) Use of state information.--In conducting a 
                consultation under subsection (a)(2), the Secretary 
                shall actively solicit and consider information from 
                the State agency in each affected State.''.
    (b) Opportunity to Participate in Consultations.--Section 7(b)(1) 
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as 
amended by subsection (a)) is further amended by adding at the end the 
following:
                    ``(D) Opportunity to participate in 
                consultations.--
                            ``(i) In general.--In conducting a 
                        consultation under subsection (a)(2), the 
                        Secretary shall provide any person who has 
                        sought authorization or funding from a Federal 
                        agency for an action that is the subject of the 
                        consultation, the opportunity to--
                                    ``(I) before the development of a 
                                draft biological opinion, submit and 
                                discuss with the Secretary and the 
                                Federal agency information relevant to 
                                the effect of the proposed action on 
                                the species and the availability of 
                                reasonable and prudent alternatives (if 
                                a jeopardy opinion is to be issued) 
                                that the Federal agency and the person 
                                can take to avoid violation of 
                                subsection (a)(2);
                                    ``(II) receive information, on 
                                request, subject to the exemptions 
                                specified in section 552(b) of title 5, 
                                United States Code, on the status of 
                                the species, threats to the species, 
                                and conservation measures, used by the 
                                Secretary to develop the draft 
                                biological opinion and the final 
                                biological opinion, including the 
                                associated incidental taking 
                                statements; and
                                    ``(III) receive a copy of the draft 
                                biological opinion from the Federal 
                                agency and, before issuance of the 
                                final biological opinion, submit 
                                comments on the draft biological 
                                opinion and discuss with the Secretary 
                                and the Federal agency the basis for 
                                any finding in the draft biological 
                                opinion.
                            ``(ii) Explanation.--If reasonable and 
                        prudent alternatives are proposed by a person 
                        under clause (i) and the Secretary does not 
                        include the alternatives in the final 
                        biological opinion, the Secretary shall explain 
                        to the person why those alternatives were not 
                        included in the opinion.
                            ``(iii) Public access to information.--
                        Comments and other information submitted to, or 
                        received from, any person (pursuant to clause 
                        (i)) who seeks authorization or funding for an 
                        action shall be maintained in a file for that 
                        action by the Secretary and shall be made 
                        available to the public (subject to the 
                        exemptions specified in section 552(b) of title 
                        5, United States Code).''.

Output: Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission on Professional 
Baseball Act of 1995''.

SEC. 2. ESTABLISHMENT.

    There is hereby established the National Commission on Professional 
Baseball (hereafter in this Act referred to as the ``Commission'').

SEC. 3. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 
seven members, all of whom shall be appointed by the President. The 
President shall appoint--
            (1) one member after consultation with the owners of Major 
        League Baseball;
            (2) one member after consultation with the Major League 
        Baseball Players Association;
            (3) one member after consultation with the National 
        Association of Professional Baseball Leagues, Incorporated;
            (4) one member after solicitation of recommendations from 
        government officials of cities, towns, or counties in which 
        major league and minor league baseball teams are located; and
            (5) three members after consultation with baseball fan 
        organizations and the informal solicitation of recommendations 
        from the general public, one of whom the President shall 
        designate as Chairman of the Commission.
    (b) Term.--Members of the Commission shall be appointed for a five-
year term. In the event that the term of the Commission is extended by 
the Congress pursuant to section 10 of this Act, the term of individual 
members shall also be extended, except that no individual may serve as 
a member for more than six years.
    (c) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but the Commission may provide for the taking of 
testimony and the reception of evidence at meetings at which there are 
present not less than three members of the Commission.
    (d) Appointment Date.--The first appointments made under subsection 
(a) shall be made within sixty days after the date of enactment of this 
Act.
    (e) First Meeting.--The first meeting of the Commission shall be 
called by the Chairman and shall be held within ninety days after the 
date of enactment of this Act.
    (f) Public Meetings.--All Commission meetings and hearings shall be 
open to the public.
    (g) Vacancy.--If any member of the Commission is unable to serve a 
full term or becomes unqualified to serve in such position, a new 
member shall be appointed to serve the remainder of such term of 
office, within forty-five days of the vacancy, in the same manner in 
which the original appointment was made.

SEC. 4. DUTIES OF THE COMMISSION.

    The duties of the Commission are to oversee and investigate any 
aspect of major league baseball and minor league baseball, where, in 
the opinion of the Commission, it is in the best interests of baseball 
to intervene, including but not limited to the--
            (1) negotiation of contract agreements between major league 
        team owners and players;
            (2) renegotiation of the professional baseball agreement 
        between major league and minor league team owners;
            (3) setting of ticket prices;
            (4) expansion and relocation of major league and minor 
        league team franchises;
            (5) structural requirements and financing of baseball 
        stadiums and facilities;
            (6) terms and conditions of minor league player contracts;
            (7) licensing of television broadcast rights and allocation 
        of television revenues;
            (8) licensing and marketing of merchandise and allocation 
        of revenues; and
            (9) revenue sharing among owners of major league teams and 
        among the major and minor leagues.
    (b) Arbitration and Mediation.--The duty of the Commission to 
intervene in any aspect of major league or minor league baseball, 
pursuant to subsection (a) of this section, shall include but not be 
limited to the--
            (1) conduct of binding arbitration in the event of a labor 
        impasse between Major League Baseball and players; and
            (2) mediation or arbitration of disputes between Major 
        League Baseball or individual owners of major league teams and 
        minor league baseball team owners.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings and Meetings.--The Commission or, on authorization of 
the Commission, a panel of at least three members of the Commission, 
may hold such hearings, sit and act at such times and places, take such 
testimony, and receive such evidence, as the Commission considers 
appropriate.
    (b) Obtaining Information.--The Commission may secure directly from 
any Federal department, agency, or court information and assistance 
necessary to enable it to carry out this Act. Upon request of the 
Chairman of the Commission, the head of such agency or department shall 
furnish such information or assistance to the Commission. In addition, 
the Commission may request any relevant information from any 
appropriate parties with an interest in major league or minor league 
baseball.
    (c) Subpoena Power.--
            (1) Issuance.--The Commission may issue subpoenas requiring 
        the attendance and testimony of witnesses and the production of 
        any evidence that relates to any matter under investigation by 
        the Commission. The attendance of witnesses and the production 
        of evidence may be required from any place within a judicial 
        district at any designated place of hearing within the judicial 
        district.
            (2) Enforcement.--If a person issued a subpoena under 
        paragraph (1) refuses to obey the subpoena or is guilty of 
        contumacy, any court of the United States within the judicial 
        district within which the hearing is conducted or within the 
        judicial district within which the person is found or resides 
        or transacts business may (upon application by the Commission) 
        order the person to appear before the Commission to produce 
        evidence or to give testimony relating to the matter under 
        investigation. Any failure to obey the order of the court may 
        be punished by the court as a contempt of the court.
            (3) Manner of service.--A subpoena 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.
            (4) Place of service.--All process of any court to which 
        application may be made under this section may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
    (d) Orders and Injunctions.--Whenever the Commission has reason to 
believe that an act or practice of Major League Baseball or of any 
individual owner of a major league baseball team may not be in the 
public interest or in the best interest of baseball, the Commission 
shall have authority--
            (1) to issue orders to stay temporarily such act or 
        practice pending review by the Commission or pending a request 
        for mediation or arbitration of disputes involving such action 
        submitted to the Commission by baseball players, minor league 
        team owners, or public officials; and
            (2) to bring a civil action in an appropriate district 
        court of the United States to enjoin such act or practice and, 
        upon proper showing that such action would be in the public 
        interest, to obtain a temporary restraining order or a 
        preliminary injunction against such act or practice: Provided, 
        however, That in proper cases the Commission may seek, and upon 
        proper showing of proof, the court may grant a permanent 
        injunction.
    (f) Facilities and Support Services.--The Administrator of General 
Services shall provide to the Commission on a reimbursable basis such 
facilities and support services as the Commission may request. Upon 
request of the Commission, the head of a Federal department or agency 
may make any of the facilities and services of such agency available to 
the Commission to assist the Commission in carrying out its duties 
under this Act.
    (g) Expenditures and Contracts.--The Commission or, on 
authorization of the Commission, a member of the Commission may make 
expenditures and enter into contracts for the procurement of such 
supplies, services, and property as the Commission or members consider 
appropriate for the purposes of carrying out the duties of the 
Commission. Such expenditures and contracts may be made only to such 
extent or in such amounts as appropriated under section 9 of this Act.
    (h) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal departments 
and agencies of the United States.

SEC. 6. COMPENSATION OF THE COMMISSION.

    (a) Compensation.--Each member of the Commission shall be a full-
time Federal employee and shall be paid at an annual rate of basic pay 
payable for level II of the Executive Schedule under section 5313 of 
title 5, United States Code.
    (b) Expenses.--Members of the Commission shall be reimbursed for 
travel, subsistence, and other necessary expenses incurred by them in 
the performance of their duties.

SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--
            (1) Appointment.--The Chairman of the Commission may 
        appoint and terminate no more than ten staff personnel to 
        enable the Commission to perform its duties.
            (2) Compensation.--The Chairman of the Commission may fix 
        the compensation of personnel without regard to the provision 
        of chapter 51 and subchapter II of chapter 53 of title 5, 
        United States Code, relating to classification of position and 
        General Schedule pay rates, except that the rate of pay may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
    (b) Experts and Consultants.--The Commission may procure temporary 
and intermittent services of experts and consultants under section 
3109(b) of title 5, United States Code.

SEC. 8. REPORT TO CONGRESS.

    (a) Commission Study.--The Commission shall undertake a study of 
the antitrust exemption for Major League Baseball that shall include 
but not be limited to analysis of the--
            (1) effects of the antitrust exemption on major league and 
        minor league baseball players, minor league baseball teams, 
        baseball fans, local governments, and taxpayers of 
        municipalities in which baseball teams are located;
            (2) possible effects of continuing the antitrust exemption;
            (3) possible effects of proposals for modification of the 
        antitrust exemption on Major League Baseball, minor league 
        baseball teams, major league and minor league baseball players, 
        baseball fans, local governments, and taxpayers, including but 
        not limited to proposals for--
                    (A) elimination of the antitrust exemption;
                    (B) partial elimination of the antitrust exemption 
                for purposes of labor relations between Major League 
                Baseball and professional baseball players or for 
                purposes of major league team franchise expansion or 
                relocation; and
                    (C) elimination of the antitrust exemption with 
                protections to hold harmless existing contractual 
                relationships between major league and minor league 
                baseball teams with respect to player development, 
                territorial arrangements, and other activities that 
                might otherwise be subject to the antitrust laws.
    (b) Report.--Not later than three years after the date of the 
enactment of the Act, the Commission shall submit to the Congress a 
report containing its findings and conclusions pursuant to this 
section, together with its recommendations as to any legislation it may 
consider appropriate for modification of the antitrust exemption for 
Major League Baseball.

SEC. 9. AUTHORIZATION AND FEES.

    (a) Authorization.--There are authorized to be appropriated such 
funds as may be necessary to carry out this title, except that the 
amount of such funds shall not exceed the amount of funds made 
available pursuant to subsection (b) of this section. All funds 
appropriated under this section shall remain available until expended.
    (b) Fees.--Major League Baseball shall pay to the Treasury of the 
United States on or before March 15 of each calendar year a fee in the 
amount of two-tenths of 1 per centum of the aggregate dollar amount of 
combined team revenues received during each preceding calendar year, 
except that the Commission, by rule, may exempt any revenue or class of 
revenue from any fee imposed by this subsection, if the Commission 
finds that such exemption is consistent with the public interest. The 
Commission, by rule, shall set forth the manner and terms under which 
such payment shall be made after consultation with the Secretary of the 
Treasury and Major League Baseball. Payment of any fee under this 
subsection shall be made for each of the five years that this Act shall 
be effective, and for any additional years the Congress shall determine 
pursuant to section 10 of this Act.

SEC. 10. TERM OF THE COMMISSION.

    The duties and powers set forth in this Act shall cease to be 
effective five years after the date of enactment, unless otherwise 
extended by the Congress.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment.


Output: National Commission on Professional Baseball Act of 1995 - Establishes the National Commission on Professional Baseball to oversee and investigate any aspect of major and minor league baseball where, in the opinion of the Commission, it is in the best interests of baseball to intervene, including:  (1) conduct of binding arbitration in the event of a labor impasse between major league baseball and players; and (2) mediation or arbitration of disputes between major league baseball or individual owners of major league teams and minor league baseball team owners.  Outlines provisions concerning:  (1) Commission powers, including subpoena power; (2) Commission authority to issue orders and injunctions; (3) Commission compensation and staff; (4) Commission authority to utilize experts and consultants; (5) a required Commission study and report to the Congress concerning the antitrust exemption to major league baseball; (6) an authorization of appropriations; (7) fees to be paid to the Treasury by major league baseball; and (8) Commission termination five years after the enactment of this Act, unless otherwise extended by the Congress.