II

105TH CONGRESS

2D SESSION S. 1674

To establish the Commission on Legal Reform.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 25, 1998

Mr. FAIRCLOTH introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Legal Reform Commis5 sion Act of 1998’’.

6 SEC. 2. ESTABLISHMENT OF COMMISSION.

7 (a) ESTABLISHMENT.—There is established a com8 mission to be known as the Legal Reform Commission

9 (hereafter in this Act referred to as the ‘‘Commission’’).

10 (b) MEMBERSHIP.—

11 (1) COMPOSITION.—The Commission shall be

12 composed of 11 members of whom—
2

•S 1674 IS

1 (A) one shall be appointed by the Presi2 dent;

3 (B) one shall be appointed by the Presi4 dent pro tempore of the Senate;

5 (C) one shall be appointed by the Speaker

6 of the House of Representatives;

7 (D) two shall be appointed by the Majority

8 Leader of the Senate;

9 (E) two shall be appointed by the Minority

10 Leader of the Senate;

11 (F) two shall be appointed by the Majority

12 Leader of the House of Representatives; and

13 (G) two shall be appointed by the Minority

14 Leader of the House of Representatives.

15 (2) CHAIRMAN AND VICE CHAIRMAN.—The

16 members of the Commission shall select a Chairman

17 and a Vice Chairman from the members.

18 (3) PROHIBITION.—

19 (A) CHAIRMAN.—The Chairman of the

20 Commission may not be an employee or former

21 employee of the Federal Government.

22 (B) MEMBERS.—No member of the Com23 mission may be a member or former member of

24 the Bar of any State.
3

•S 1674 IS

1 (4) DATE.—The appointments of the members

2 of the Commission shall be made no later than June

3 1, 1998.

4 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem5 bers shall be appointed for the life of the Commission. Any

6 vacancy in the Commission shall not affect its powers, but

7 shall be filled in the same manner as the original appoint8 ment.

9 (d) INITIAL MEETING.—No later than 30 days after

10 the date on which all members of the Commission have

11 been appointed, the Commission shall hold its first meet12 ing.

13 (e) MEETINGS.—The Commission shall meet at the

14 call of the Chairman.

15 (f) QUORUM.—A majority of the members of the

16 Commission shall constitute a quorum, but a lesser num17 ber of members may hold hearings.

18 SEC. 3. DUTIES OF THE COMMISSION.

19 (a) STUDY.—

20 (1) IN GENERAL.—The Commission shall con21 duct a thorough study of all matters relating to the

22 reform and simplification of the United States legal

23 system.

24 (2) MATTERS STUDIED.—The matters studied

25 by the Commission shall include reform of—
4

•S 1674 IS

1 (A) Federal law;

2 (B) State law;

3 (C) criminal law;

4 (D) civil law;

5 (E) judicial, trial, and appellate processes;

6 (F) the Federal Rules of Evidence;

7 (G) the Federal Rules of Civil Procedure;

8 and

9 (H) the Federal Rules of Criminal Proce10 dure.

11 (b) RECOMMENDATIONS.—The Commission shall de12 velop recommendations on all matters studied under sub13 section (a) relating to reform of the United States legal

14 system.

15 (c) REPORT.—No later than 2 years after the date

16 of enactment of this Act, the Commission shall submit a

17 report to the President and Congress which shall contain

18 a detailed statement of the findings and conclusions of the

19 Commission, together with its recommendations for such

20 legislation and administrative actions as it considers ap21 propriate.

22 SEC. 4. POWERS OF THE COMMISSION.

23 (a) HEARINGS.—The Commission may hold such

24 hearings, sit and act at such times and places, take such
5

•S 1674 IS

1 testimony, and receive such evidence as the Commission

2 considers advisable to carry out the purposes of this Act.

3 (b) INFORMATION FROM FEDERAL AGENCIES.—The

4 Commission may secure directly from any Federal depart5 ment or agency such information as the Commission con6 siders necessary to carry out the provisions of this Act.

7 Upon request of the Chairman of the Commission, the

8 head of such department or agency shall furnish such in9 formation to the Commission.

10 (c) POSTAL SERVICES.—The Commission may use

11 the United States mails in the same manner and under

12 the same conditions as other departments and agencies of

13 the Federal Government.

14 (d) GIFTS.—The Commission may accept, use, and

15 dispose of gifts or donations of services or property.

16 SEC. 5. COMMISSION PERSONNEL MATTERS.

17 (a) COMPENSATION OF MEMBERS.—Each member of

18 the Commission who is not an officer or employee of the

19 Federal Government shall be compensated at a rate equal

20 to the daily equivalent of the annual rate of basic pay pre21 scribed for level IV of the Executive Schedule under sec22 tion 5315 of title 5, United States Code, for each day (in23 cluding travel time) during which such member is engaged

24 in the performance of the duties of the Commission. All

25 members of the Commission who are officers or employees
6

•S 1674 IS

1 of the United States shall serve without compensation in

2 addition to that received for their services as officers or

3 employees of the United States.

4 (b) TRAVEL EXPENSES.—The members of the Com5 mission shall be allowed travel expenses, including per

6 diem in lieu of subsistence, at rates authorized for employ7 ees of agencies under subchapter I of chapter 57 of title

8 5, United States Code, while away from their homes or

9 regular places of business in the performance of services

10 for the Commission.

11 (c) STAFF.—

12 (1) IN GENERAL.—The Chairman of the Com13 mission may, without regard to the civil service laws

14 and regulations, appoint and terminate an executive

15 director and such other additional personnel as may

16 be necessary to enable the Commission to perform

17 its duties. The employment of an executive director

18 shall be subject to confirmation by the Commission.

19 (2) COMPENSATION.—The Chairman of the

20 Commission may fix the compensation of the execu21 tive director and other personnel without regard to

22 the provisions of chapter 51 and subchapter III of

23 chapter 53 of title 5, United States Code, relating

24 to classification of positions and General Schedule

25 pay rates, except that the rate of pay for the execu-
7

•S 1674 IS

1 tive director and other personnel may not exceed the

2 rate payable for level V of the Executive Schedule

3 under section 5316 of such title.

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

5 Federal Government employee may be detailed to the

6 Commission without reimbursement, and such detail shall

7 be without interruption or loss of civil service status or

8 privilege.

9 (e) PROCUREMENT OF TEMPORARY AND INTERMIT10 TENT SERVICES.—The Chairman of the Commission may

11 procure temporary and intermittent services under section

12 3109(b) of title 5, United States Code, at rates for individ13 uals which do not exceed the daily equivalent of the annual

14 rate of basic pay prescribed for level V of the Executive

15 Schedule under section 5316 of such title.

16 SEC. 6. TERMINATION OF THE COMMISSION.

17 The Commission shall terminate 90 days after the

18 date on which the Commission submits its report under

19 section 3.

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

21 (a) IN GENERAL.—There are authorized to be appro22 priated such sums as are necessary to the Commission to

23 carry out the purposes of this Act.
8

•S 1674 IS

1 (b) AVAILABILITY.—Any sums appropriated under

2 the authorization contained in this section shall remain

3 available, without fiscal year limitation, until expended.