[Congressional Record Volume 142, Number 37 (Monday, March 18, 1996)]
[Senate]
[Pages S2245-S2248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


              THE 1996 BALANCED BUDGET DOWNPAYMENT ACT, II

                                 ______


                        BURNS AMENDMENT NO. 3548

  Mr. BURNS proposed an amendment to amendment No. 3530 proposed by him 
to amendment No. 3466 proposed by Mr. Hatfield to the bill (H.R. 3019) 
making appropriations for fiscal year 1996 to make a further 
downpayment toward a balanced budget, and for other purposes; as 
follows:

       In lieu of the pending matter, insert the following:
TITLE IX--RESTRUCTURING OF THE CIRCUITS OF THE UNITED STATES COURTS OF 
                                APPEALS
       Subtitle A--Ninth Circuit Court of Appeals Reorganization

     SEC. 901. SHORT TITLE.

       This subtitle may be cited as the ``Ninth Circuit Court of 
     Appeals Reorganization Act of 1996''.

     SEC. 902. NUMBER AND COMPOSITION OF CIRCUITS.

       Section 41 of title 28, United States Code, is amended--
       (1) in the matter before the table, by striking out 
     ``thirteen'' and inserting in lieu thereof ``fourteen'';
       (2) in the table, by striking out the item relating to the 
     ninth circuit and inserting in lieu thereof the following new 
     item:

California, Hawaii, Guam, Northern Mariana Islands.'';.................

       and
       (3) between the last 2 items of the table, by inserting the 
     following new item:

Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.''.........

     SEC. 903. NUMBER OF CIRCUIT JUDGES.

       The table in section 44(a) of title 28, United States Code, 
     is amended--
       (1) by striking out the item relating to the ninth circuit 
     and inserting in lieu thereof the following new item:

``Ninth.......................................................15'';....

       and
       (2) by inserting between the last 2 items at the end 
     thereof the following new item:

``Twelfth.....................................................13''.....

     SEC. 904. PLACES OF CIRCUIT COURT.

       The table in section 48 of title 28, United States Code, is 
     amended--
       (1) by striking out the item relating to the ninth circuit 
     and inserting in lieu thereof the following new item:

San Francisco, Los Angeles.'';.........................................

       and
       (2) by inserting between the last 2 items at the end 
     thereof the following new item:

Portland, Seattle, Phoenix.''..........................................

     SEC. 905. ASSIGNMENT OF CIRCUIT JUDGES AND CLERK OF THE 
                   COURT.

       (a) Circuit Judges.--(1) Subject to paragraph (2), each 
     circuit judge in regular active service of the former ninth 
     circuit whose official duty station on March 1, 1996--
       (A) was in California, Hawaii, Guam, or the Northern 
     Mariana Islands is assigned as a circuit judge of the new 
     ninth circuit; and
       (B) was in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, 
     or Washington is assigned as a circuit judge of the twelfth 
     circuit.
       (2)(A) No more than 2 circuit judges in each of the new 
     ninth circuit and the twelfth circuit as assigned under 
     paragraph (1), may elect to be assigned to a circuit other 
     than the circuit so assigned.
       (B) An election under this paragraph--
       (i) may be only for assignment to the new ninth circuit or 
     the twelfth circuit; and
       (ii) shall be made on the basis of seniority.
       (C)(i) If the elections of circuit judges under 
     subparagraph (A) result in a greater number of judges for a 
     circuit than is provided under the amendments made under 
     section 903, the number of vacancies described under clause 
     (ii) in the office of circuit judge for such circuit shall 
     not be filled.
       (ii) The number of vacancies referred to under clause (i) 
     are the number of vacancies that--
       (I) first occur after the date on which such elections 
     become effective; and
       (II) are necessary for the number of judges in such circuit 
     to conform with the amendments made under section 903.
       (D) The judicial council of the former ninth circuit shall 
     administer this paragraph.
       (3) If no election is made by a circuit judge under 
     paragraph (2), and as a result of assignments under paragraph 
     (1) the number of judges assigned to a circuit is not in 
     conformity with the amendments made under section 903, such 
     conformity shall be achieved by not filling the number of 
     vacancies in the office of circuit judge for such circuit 
     that--

[[Page S2246]]

       (A) first occur after the effective date of this subtitle; 
     and
       (B) are necessary for the number of judges in such circuit 
     to conform with the amendments made under section 903.
       (b) Clerk of the Court.--The Clerk of the Court for the 
     Twelfth Circuit United States Court of Appeals shall be 
     located in Phoenix, Arizona.

     SEC. 906. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

       Each judge who is a senior judge of the former ninth 
     circuit on the day before the effective date of this subtitle 
     may elect to be assigned to the new ninth circuit or to the 
     twelfth circuit and shall notify the Director of the 
     Administrative Office of the United States Courts of such 
     election.

     SEC. 907. SENIORITY OF JUDGES.

       The seniority of each judge--
       (1) who is assigned under section 905 of this subtitle; or
       (2) who elects to be assigned under section 906 of this 
     subtitle;

     shall run from the date of commission of such judge as a 
     judge of the former ninth circuit.

     SEC. 908. APPLICATION TO CASES.

       The provisions of the following paragraphs of this section 
     apply to any case in which, on the day before the effective 
     date of this subtitle, an appeal or other proceeding has been 
     filed with the former ninth circuit:
       (1) If the matter has been submitted for decision, further 
     proceedings in respect of the matter shall be had in the same 
     manner and with the same effect as if this subtitle had not 
     been enacted.
       (2) If the matter has not been submitted for decision, the 
     appeal or proceeding, together with the original papers, 
     printed records, and record entries duly certified, shall, by 
     appropriate orders, be transferred to the court to which it 
     would have gone had this subtitle been in full force and 
     effect at the time such appeal was taken or other proceeding 
     commenced, and further proceedings in respect of the case 
     shall be had in the same manner and with the same effect as 
     if the appeal or other proceeding had been filed in such 
     court.
       (3) A petition for rehearing or a petition for rehearing en 
     banc in a matter decided before the effective date of this 
     subtitle, or submitted before the effective date of this 
     subtitle and decided on or after the effective date as 
     provided in paragraph (1) of this section, shall be treated 
     in the same manner and with the same effect as though this 
     subtitle had not been enacted. If a petition for rehearing en 
     banc is granted, the matter shall be reheard by a court 
     comprised as though this subtitle had not been enacted.

     SEC. 909. DEFINITIONS.

       For purposes of this subtitle, the term--
       (1) ``former ninth circuit'' means the ninth judicial 
     circuit of the United States as in existence on the day 
     before the effective date of this subtitle;
       (2) ``new ninth circuit'' means the ninth judicial circuit 
     of the United States established by the amendment made by 
     section 902(2) of this subtitle; and
       (3) ``twelfth circuit'' means the twelfth judicial circuit 
     of the United States established by the amendment made by 
     section 902(3) of this subtitle.

     SEC. 910. ADMINISTRATION.

       The court of appeals for the ninth circuit as constituted 
     on the day before the effective date of this subtitle may 
     take such administrative action as may be required to carry 
     out this subtitle. Such court shall cease to exist for 
     administrative purposes on July 1, 1998.

     SEC. 911. APPROPRIATIONS.

       Of the $2,433,141,000 appropriated under the subheading 
     ``salaries and expenses'' under the heading ``Courts of 
     Appeals, District Courts, and Other Judicial Services'' under 
     the heading ``TITLE III--THE JUDICIARY'' of this Act, 
     $3,000,000 shall remain available until expended for the 
     Twelfth Circuit Court of Appeals.

     SEC. 912. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle 
     shall take effect 60 days after the date of the enactment of 
     this subtitle.
  Subtitle B--Commission on Restructuring the Circuits of the United 
                        States Courts of Appeals

     SEC. 921. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.

       (a) Establishment.--There is established a Commission on 
     restructuring for the circuits of the United States Courts of 
     Appeals which shall be known as the ``Heflin Commission'' 
     (hereinafter referred to as the ``Commission'').
       (b) Functions.--The function of the Commission shall be 
     to--
       (1) study the restructuring of the circuits of the United 
     States Courts of Appeals; and
       (2) report to the President and the Congress on its 
     findings.

     SEC. 922. MEMBERSHIP.

       (a) Composition.--The Commission shall be composed of 
     twelve members appointed as follows:
       (1) Three members appointed by the President of the United 
     States.
       (2) Three members appointed by the President pro tempore of 
     the Senate.
       (3) Three members appointed by the Speaker of the House of 
     Representatives.
       (4) Three members appointed by the Chief Justice of the 
     United States.
       (b) Chair.--The Commission shall elect a Chair and Vice 
     Chair from among its members.
       (c) Quorum.--Seven members of the Commission shall 
     constitute a quorum, but three may conduct hearings.
       (d) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (e) Initial Meeting.--No later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (f) Meetings.--The Commission shall meet at the call of the 
     Chairman.

     SEC. 923. POWERS OF THE COMMISSION.

       (a) Hearings.--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 advisable 
     to carry out the purposes of this subtitle.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this subtitle. Upon request of the 
     Chairman of the Commission, the head of such department or 
     agency shall furnish such information to the Commission.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 924. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission 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 Commission.
       (c) Staff.--
       (1) In general.--The Chairman of the Commission 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 
     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 
     personnel without regard to the provisions of 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 Commission 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 Chairman of the Commission 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. 925. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its final report.

     SEC. 926. REPORT.

       No later than 2 years after the date of the enactment of 
     this subtitle, the Commission shall submit a report to the 
     President and the Congress which shall contain a detailed 
     statement of the findings and conclusions of the Commission, 
     together with its recommendations for such legislation and 
     administrative actions as it considers appropriate.

     SEC. 927. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated, beginning in 
     fiscal year 1997, such sums as necessary to carry out the 
     purposes of this subtitle.
                                 ______


                      HUTCHISON AMENDMENT NO. 3549

  Mr. HATFIELD (for Mrs. Hutchison) proposed an amendment to amendment 
No. 3466 proposed by Mr. Hatfield to the bill H.R. 3019, supra; as 
follows:

       On page 754, before the heading on line 5, insert:
       Sec.  . (a) In addition to the amounts made available in 
     Public Law 104-61 under

[[Page S2247]]

     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $50,000,000 is hereby made available to 
     continue the activities of the semiconductor manufacturing 
     consortium known as Sematech;
       (b) Of the funds made available in Public Law 104-61 under 
     the heading ``Research, Development, Test and Evaluation, 
     Army'', $7,000,000 are rescinded;
       (c) Of the funds made available in Public Law 104-61 under 
     the heading ``Research, Development, Test and Evaluation, 
     Navy'', $12,500,000 are rescinded;
       (d) Of the funds made available in Public Law 104-61 under 
     the heading ``Research, Development, Test and Evaluation, Air 
     Force'', $16,000,000 are rescinded;
       (e) Of the funds made available in Public Law 104-61 under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $14,500,000 are rescinded; and
       (f) Of the funds rescinded under subsection (e) of this 
     provision, none of the reduction shall be applied to the 
     Ballistic Missile Defense Organization.
                                 ______


                        LEAHY AMENDMENT NO. 3550

  Mr. HATFIELD (for Mr. Leahy) proposed an amendment to amendment No. 
3466 proposed by Mr. Hatfield to the bill H.R. 3019, supra; as follows:

       Insert at the appropriate place:
       Sec.  . Of the funds appropriated in Title II of Public Law 
     104-61, under the heading ``Overseas Humanitarian, Disaster, 
     and Civic Aid'', for training and activities related to the 
     clearing of landmines for humanitarian purposes, up to 
     $15,000,000 may be transferred to ``Operations and 
     Maintenance, Defense Wide'', to be available for the payment 
     of travel, transportation and subsistence expenses of 
     Department of Defense personnel incurred in carrying out 
     humanitarian assistance activities related to the detection 
     and clearance of landmines.
                                 ______


                        BURNS AMENDMENT NO. 3551

  Mr. HATFIELD (for Mr. Burns) proposed an amendment to amendment No. 
3466 proposed by Mr. Hatfield to the bill H.R. 3019, supra; as follows:

       At the appropriate place, insert:
TITLE IX--RESTRUCTURING OF THE CIRCUITS OF THE UNITED STATES COURTS OF 
                                APPEALS
       Subtitle A--Ninth Circuit Court of Appeals Reorganization

     SEC. 901. SHORT TITLE.

       This subtitle may be cited as the ``Ninth Circuit Court of 
     Appeals Reorganization Act of 1996''.

     SEC. 902. NUMBER AND COMPOSITION OF CIRCUITS.

       Section 41 of title 28, United States Code, is amended--
       (1) in the matter before the table, by striking out 
     ``thirteen'' and inserting in lieu thereof ``fourteen'';
       (2) in the table, by striking out the item relating to the 
     ninth circuit and inserting in lieu thereof the following new 
     item:

California, Hawaii, Guam, Northern Mariana Islands.'';.................

       and
       (3) between the last 2 items of the table, by inserting the 
     following new item:

Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.''.........

     SEC. 903. NUMBER OF CIRCUIT JUDGES.

       The table in section 44(a) of title 28, United States Code, 
     is amended--
       (1) by striking out the item relating to the ninth circuit 
     and inserting in lieu thereof the following new item:

``Ninth.......................................................15'';....

       and
       (2) by inserting between the last 2 items at the end 
     thereof the following new item:

``Twelfth.....................................................13''.....

     SEC. 904. PLACES OF CIRCUIT COURT.

       The table in section 48 of title 28, United States Code, is 
     amended--
       (1) by striking out the item relating to the ninth circuit 
     and inserting in lieu thereof the following new item:

San Francisco, Los Angeles.'';.........................................

       and
       (2) by inserting between the last 2 items at the end 
     thereof the following new item:

Portland, Seattle, Phoenix.''..........................................

     SEC. 905. ASSIGNMENT OF CIRCUIT JUDGES AND CLERK OF THE 
                   COURT.

       (a) Circuit Judges.--(1) Subject to paragraph (2), each 
     circuit judge in regular active service of the former ninth 
     circuit whose official duty station on March 1, 1996--
       (A) was in California, Hawaii, Guam, or the Northern 
     Mariana Islands is assigned as a circuit judge of the new 
     ninth circuit; and
       (B) was in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, 
     or Washington is assigned as a circuit judge of the twelfth 
     circuit.
       (2)(A) No more than 2 circuit judges in each of the new 
     ninth circuit and the twelfth circuit as assigned under 
     paragraph (1), may elect to be assigned to a circuit other 
     than the circuit so assigned.
       (B) An election under this paragraph--
       (i) may be only for assignment to the new ninth circuit or 
     the twelfth circuit; and
       (ii) shall be made on the basis of seniority.
       (C)(i) If the elections of circuit judges under 
     subparagraph (A) result in a greater number of judges for a 
     circuit than is provided under the amendments made under 
     section 903, the number of vacancies described under clause 
     (ii) in the office of circuit judge for such circuit shall 
     not be filled.
       (ii) The number of vacancies referred to under clause (i) 
     are the number of vacancies that--
       (I) first occur after the date on which such elections 
     become effective; and
       (II) are necessary for the number of judges in such circuit 
     to conform with the amendments made under section 903.
       (D) The judicial council of the former ninth circuit shall 
     administer this paragraph.
       (3) If no election is made by a circuit judge under 
     paragraph (2), and as a result of assignments under paragraph 
     (1) the number of judges assigned to a circuit is not in 
     conformity with the amendments made under section 903, such 
     conformity shall be achieved by not filling the number of 
     vacancies in the office of circuit judge for such circuit 
     that--
       (A) first occur after the effective date of this subtitle; 
     and
       (B) are necessary for the number of judges in such circuit 
     to conform with the amendments made under section 903.
       (b) Clerk of the Court.--The Clerk of the Court for the 
     Twelfth Circuit United States Court of Appeals shall be 
     located in Phoenix, Arizona.

     SEC. 906. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

       Each judge who is a senior judge of the former ninth 
     circuit on the day before the effective date of this subtitle 
     may elect to be assigned to the new ninth circuit or to the 
     twelfth circuit and shall notify the Director of the 
     Administrative Office of the United States Courts of such 
     election.

     SEC. 907. SENIORITY OF JUDGES.

       The seniority of each judge--
       (1) who is assigned under section 905 of this subtitle; or
       (2) who elects to be assigned under section 906 of this 
     subtitle;

     shall run from the date of commission of such judge as a 
     judge of the former ninth circuit.

     SEC. 908. APPLICATION TO CASES.

       The provisions of the following paragraphs of this section 
     apply to any case in which, on the day before the effective 
     date of this subtitle, an appeal or other proceeding has been 
     filed with the former ninth circuit:
       (1) If the matter has been submitted for decision, further 
     proceedings in respect of the matter shall be had in the same 
     manner and with the same effect as if this subtitle had not 
     been enacted.
       (2) If the matter has not been submitted for decision, the 
     appeal or proceeding, together with the original papers, 
     printed records, and record entries duly certified, shall, by 
     appropriate orders, be transferred to the court to which it 
     would have gone had this subtitle been in full force and 
     effect at the time such appeal was taken or other proceeding 
     commenced, and further proceedings in respect of the case 
     shall be had in the same manner and with the same effect as 
     if the appeal or other proceeding had been filed in such 
     court.
       (3) A petition for rehearing or a petition for rehearing en 
     banc in a matter decided before the effective date of this 
     subtitle, or submitted before the effective date of this 
     subtitle and decided on or after the effective date as 
     provided in paragraph (1) of this section, shall be treated 
     in the same manner and with the same effect as though this 
     subtitle had not been enacted. If a petition for rehearing en 
     banc is granted, the matter shall be reheard by a court 
     comprised as though this subtitle had not been enacted.

     SEC. 909. DEFINITIONS.

       For purposes of this subtitle, the term--
       (1) ``former ninth circuit'' means the ninth judicial 
     circuit of the United States as in existence on the day 
     before the effective date of this subtitle;
       (2) ``new ninth circuit'' means the ninth judicial circuit 
     of the United States established by the amendment made by 
     section 902(2) of this subtitle; and
       (3) ``twelfth circuit'' means the twelfth judicial circuit 
     of the United States established by the amendment made by 
     section 902(3) of this subtitle.

     SEC. 910. ADMINISTRATION.

       The court of appeals for the ninth circuit as constituted 
     on the day before the effective date of this subtitle may 
     take such administrative action as may be required to carry 
     out this subtitle. Such court shall cease to exist for 
     administrative purposes on July 1, 1998.

     SEC. 911. APPROPRIATIONS.

       Of the $2,433,141,000 appropriated under the subheading 
     ``salaries and expenses'' under the heading ``Courts of 
     Appeals, District Courts, and Other Judicial Services'' under 
     the heading ``TITLE III--THE JUDICIARY'' of this Act, 
     $3,000,000 shall remain available until expended for the 
     Twelfth Circuit Court of Appeals.

     SEC. 912. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle 
     shall take effect 60 days after the date of the enactment of 
     this subtitle.
                                 ______


                        BURNS AMENDMENT NO. 3552

  Mr. BURNS proposed an amendment to amendment No. 3551 proposed by

[[Page S2248]]

him to amendment No. 3466 proposed by Mr. Hatfield to the bill H.R. 
3019, supra; as follows:

       At the end of the amendment add the following:

Subtitle B--Commission Restructuring the Circuits of the United States 
                           Courts of Appeals

     SEC. 921. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.

       (a) Establishment.--There is established a Commission on 
     restructuring for the circuits of the United States Courts of 
     Appeals which shall be known as the ``Heflin Commission'' 
     (hereinafter referred to as the ``Commission'').
       (b) Functions.--The function of the Commission shall be 
     to--
       (1) study the restructuring of the circuits of the United 
     States Courts of Appeals; and
       (2) report to the President and the Congress on its 
     findings.

     SEC. 922. MEMBERSHIP.

       (a) Composition.--The Commission shall be composed of 
     twelve members appointed as follows:
       (1) Three members appointed by the President of the United 
     States.
       (2) Three members appointed by the President pro tempore of 
     the Senate.
       (3) Three members appointed by the Speaker of the House of 
     Representatives.
       (4) Three members appointed by the Chief Justice of the 
     United States.
       (b) Chair.--The Commission shall elect a Chair and Vice 
     Chair from among its members.
       (c) Quorum.--Seven members of the Commission shall 
     constitute a quorum, but three may conduct hearings.
       (d) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (e) Initial Meeting.--No later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (f) Meetings.--The Commission shall meet at the call of the 
     Chairman.

     SEC. 923. POWERS OF THE COMMISSION.

       (a) Hearings.--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 advisable 
     to carry out the purposes of this subtitle.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this subtitle. Upon request of the 
     Chairman of the Commission, the head of such department or 
     agency shall furnish such information to the Commission.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 924. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission 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 Commission.
       (c) Staff.--
       (1) In general.--The Chairman of the Commission 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 
     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 
     personnel without regard to the provisions of 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 Commission 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 Chairman of the Commission 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. 925. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its final report.

     SEC. 926. REPORT.

       No later than 2 years after the date of enactment of this 
     subtitle, the Commission shall submit a report to the 
     President and the Congress which shall contain a detailed 
     statement of the findings and conclusions of the Commission, 
     together with its recommendations for such legislation and 
     administrative actions as it considers appropriate.

     SEC. 927. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated, beginning in 
     fiscal year 1997, such sums as necessary to carry out the 
     purposes of this subtitle.

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