H. R. 5116—42
(B) by striking ‘‘(45 U.S.C. 156)’’,
(36) in section 1226(b)(2)—
(A) by striking ‘‘1202(d)’’ and inserting ‘‘1202(c)’’, and
(B) by striking ‘‘1202(e)’’ and inserting ‘‘1202(d)’’,
(37) in section 1302(b)(3) by striking ‘‘and’’ at the end,
(38) in section 1328(a)—
(A) in paragraph (2) by striking ‘‘(5) or (8)’’ and insert-
ing ‘‘(5), (8), or (9)’’, and
(B) by striking the last paragraph (3), and
(39) in the table of chapters by striking the item relating
to chapter 15.
SEC. 502. TITLE 28 OF THE UNITED STATES CODE.
Section 586(a)(3) of title 28, United States Code, is amended
in the matter preceding subparagraph (A) by inserting ‘‘12,’’ after
‘‘11,’’.
TITLE VI—BANKRUPTCY REVIEW
COMMISSION
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘National Bankruptcy Review
Commission Act’’.
SEC. 602. ESTABLISHMENT.
There is established the National Bankruptcy Review Commis-
sion (referred to as the ‘‘Commission’’).
SEC. 603. DUTIES OF THE COMMISSION.
The duties of the Commission are—
(1) to investigate and study issues and problems relating
to title 11, United States Code (commonly known as the ‘‘Bank-
ruptcy Code’’);
(2) to evaluate the advisability of proposals and current
arrangements with respect to such issues and problems;
(3) to prepare and submit to the Congress, the Chief Jus-
tice, and the President a report in accordance with section
608; and
(4) to solicit divergent views of all parties concerned with
the operation of the bankruptcy system.
SEC. 604. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed of 9 members as follows:
(1) Three members appointed by the President, 1 of whom
shall be designated as chairman by the President.
(2) One member shall be appointed by the President pro
tempore of the Senate.
(3) One member shall be appointed by the Minority Leader
of the Senate.
(4) One member shall be appointed by the Speaker of
the House of Representatives.
(5) One member shall be appointed by the Minority Leader
of the House of Representatives.
(6) Two members appointed by the Chief Justice.
H. R. 5116—43
Members of Congress, and officers and employees of the executive
branch, shall be ineligible for appointment to the Commission.
(b) TERM.—Members of the Commission shall be appointed
for the life of the Commission.
(c) QUORUM.—Five members of the Commission shall constitute
a quorum, but a lesser number may conduct meetings.
(d) APPOINTMENT DEADLINE.—The first appointments made
under subsection (a) shall be made within 60 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 210 days
after the date of enactment of this Act.
(f) VACANCY.—A vacancy on the Commission resulting from
the death or resignation of a member shall not affect its powers
and shall be filled in the same manner in which the original
appointment was made.
(g) CONTINUATION
OF MEMBERSHIP.—If any member of the
Commission who was appointed to the Commission as an officer
or employee of a government leaves that office, or if any member
of the Commission who was not appointed in such a capacity
becomes an officer or employee of a government, the member may
continue as a member of the Commission for not longer than the
90-day period beginning on the date the member leaves that office
or becomes such an officer or employee, as the case may be.
(h) CONSULTATION
PRIOR
TO
APPOINTMENT.—Prior to the
appointment of members of the Commission, the President, the
President pro tempore of the Senate, the Speaker of the House
of Representatives, and the Chief Justice shall consult with each
other to ensure fair and equitable representation of various points
of view in the Commission and its staff.
SEC. 605. COMPENSATION OF THE COMMISSION.
(a) PAY.—
(1) NONGOVERNMENT
EMPLOYEES.—Each member of the
Commission who is not otherwise employed by the United
States Government shall be entitled to receive the daily equiva-
lent of the annual rate of basic pay payable for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which
he or she is engaged in the actual performance of duties as
a member of the Commission.
(2) GOVERNMENT EMPLOYEES.—A member of the Commis-
sion who is an officer or employee of the United States Govern-
ment shall serve without additional compensation.
(b) TRAVEL.—Members of the Commission shall be reimbursed
for travel, subsistence, and other necessary expenses incurred by
them in the performance of their duties.
SEC. 606. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) STAFF.—
(1) APPOINTMENT.—The chairman of the Commission may,
without regard to the civil service laws and regulations, appoint,
and terminate an executive director and such other personnel
as are necessary to enable the Commission to perform its
duties. The employment of an executive director shall be subject
to confirmation by the Commission.
(2) COMPENSATION.—The chairman of the Commission may
fix the compensation of the executive director and other person-
H. R. 5116—44
nel without regard to the provisions of chapter 51 and sub-
chapter II 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 that 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. 607. POWERS OF THE COMMISSION.
(a) HEARINGS
AND
MEETINGS.—The Commission or, on
authorization of the Commission, a member of the Commission,
may hold such hearings, sit and act at such time and places,
take such testimony, and receive such evidence, as the Commission
considers appropriate. The Commission or a member of the Commis-
sion may administer oaths or affirmations to witnesses appearing
before it.
(b) OFFICIAL DATA.—The Commission may secure directly from
any Federal department, agency, or court information necessary
to enable it to carry out this title. Upon request of the chairman
of the Commission, the head of a Federal department or agency
or chief judge of a Federal court shall furnish such information,
consistent with law, to the Commission.
(c) 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 or services
of the agency available to the Commission to assist the Commission
in carrying out its duties under this title.
(d) 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 procure-
ment of such supplies, services, and property as the Commission
or member considers 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 are
provided in appropriation Acts.
(e) 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.
(f) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 608. REPORT.
The Commission shall submit to the Congress, the Chief Jus-
tice, and the President a report not later than 2 years after the
date of its first meeting. The report shall contain a detailed state-
ment of the findings and conclusions of the Commission, together
with its recommendations for such legislative or administrative
action as it considers appropriate.
SEC. 609. TERMINATION.
The Commission shall cease to exist on the date that is 30
days after the date on which it submits its report under section
608.
H. R. 5116—45
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,500,000 to carry
out this title.
TITLE VII—SEVERABILITY; EFFECTIVE
DATE; APPLICATION OF AMENDMENTS.
SEC. 701. SEVERABILITY.
If any provision of this Act or amendment made by this Act
or the application of such provision or amendment to any person
or circumstance is held to be unconstitutional, the remaining provi-
sions of and amendments made by this Act and the application
of such other provisions and amendments to any person or cir-
cumstance shall not be affected thereby.
SEC. 702. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in subsection (b),
this Act shall take effect on the date of the enactment of this
Act.
(b) APPLICATION OF AMENDMENTS.—(1) Except as provided in
paragraph (2), the amendments made by this Act shall not apply
with respect to cases commenced under title 11 of the United
States Code before the date of the enactment of this Act.
(2)(A) Paragraph (1) shall not apply with respect to the amend-
ment made by section 111.
(B) The amendments made by sections 113 and 117 shall apply
with respect to cases commenced under title 11 of the United
States Code before, on, and after the date of the enactment of
this Act.
(C) Section 1110 of title 11, United States Code, as amended
by section 201 of this Act, shall apply with respect to any lease,
as defined in such section 1110(c) as so amended, entered into
in connection with a settlement of any proceeding in any case
pending under title 11 of the United States Code on the date
of the enactment of this Act.
H. R. 5116—46
(D) The amendments made by section 305 shall apply only
to agreements entered into after the date of enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.