Joint resolution to create a commission to study the bankruptcy laws of the United States
PL 91-354 (S.J.Res.88), enacted 07/24/1970

468 
July 24, 1970 
[S, J. Res, 88] 
30 Stat. 544. 
11 u s e 1 note. 
Commission on 
the Bankruptcy 
Laws of the U.S. 
Establishment. 
Report to 
President, Chief 
Justice, and 
Congress. 
Termination. 
Membership, 
appointment. 
PUBLIC LAW 91-354-JULY 24, 1970 
[84 STAT. 
Public Law 91-354 
JOINT RESOLUTION 
To create a commission to study the bankruptcy laws of the United States. 
Whereas the number of bankruptcies in the United States has 
increased more than 1,000 per centum annually in the last twenty 
years; and 
Whereas more than one-fourth of the referees in bankruptcy have 
problems arising in their administration of the existing Bankruptcy 
Act and have made suggestions for substantial improvement in that 
Act; and 
Whereas the technical aspects of the Bankruptcy Act are interwoven 
with the rapid expansion of credit which has reached proportions 
far beyond anything previously experienced by the citizens of the 
United States; and 
Whereas there appears to be little experience or understanding by the 
Federal Government and the commercial community of the Nation 
in evaluating the need to update the technical aspects of the Bank-
ruptcy Act and the financial policies pursued by the Federal Gov-
ernment and the commercial community: Now, therefore, be it 
Resolved l>y the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That (a) there is hereby 
established a commission to be known as the Commission on the Bank-
ruptcy Laws of the United States (hereinafter referred to as the 
"Commission"). 
(b) The Commission shall study, analyze, evaluate, and recom-
mend changes to the Act entitled "An Act to establish a uniform 
system of bankruptcy throughout the United States", approved July 1, 
1898 (30 Stat. 544), as amended (title 11, United States Code), in 
order for such Act to reflect and adequately meet the demands of 
present technical, financial, and commercial activities. The Commis-
sion's study, analysis, and evaluation shall include a consideration of 
the basic philosophy of bankruptcy, the causes of bankruptcy, the 
possible alternatives to the present system of bankruptcy administra-
tion, the applicability of advanced management techniques to achieve 
economies in the administration of the Act, and all other matters 
which the Commission shall deem relevant. 
(c) The Commission shall submit a comprehensive report of its 
activities, including its recommendations, to the President, the Chief 
Justice of the United States, and the Congress within two years after 
the date of enactment of the joint resolution. Upon the filing of such 
report, the Commission shall cease to exist. 
SEC. 2. (a) The Commission shall be composed of the following 
members appointed as follows: 
(1) three members appointed by the President of the United 
States, one of whom shall be designated as Chairman by the 
President; 
(2) two Members of the Senate, one from each of the two major 
political parties, appointed by the President of the Senate; 
(3) two Members of the House of Representatives, one from 
each of the two major political parties, appointed by the Speaker 
of the House of Representatives; and 
(4) two appointed by the Chief Justice of the United States. 
(b) Five members of the Commission shall constitute a quorum. 
(c) A vacancy in the Commission shall not affect its powers. Any 
vacancy shall be filled in the manner in which the original appoint-
ment was made. 
84 STAT. ] 
PUBLIC LAW 91-354-JULY 24, 1970 
469 
(d) Referees in bankruptcy and any other employees of the Federal t^averexpeni^T,' 
Government who are members of the Commission shall serve without 
additional compensation. Each member from private life shall receive 
$100 per diem for each day (including traveltime) during which he is 
engaged in the actual performance of his duties as a member of the 
Commission. All members of the Commission shall be reimbursed for 
travel, subsistence, and other necessary expenses incurred by them in 
the performance of their duties. 
SEC. 3. The Commission shall have the power to appoint and fix the 
Personnel. 
compensation of such personnel as may be necessary to carry out the 
provisions of this joint resolution. Such appointments shall be with-
out regard to the provisions of title 5, United States Code, governing 
^o stat. 378,, 
appointments in the competitive service, and such compensation shall 
be paid without regard to the provisions of chapter 51 and subchapter 
I I I of chapter 53 of such title relating to classification and General 53^3^^^^ ^^°^' 
Schedule pay rates. 
Ante, p. igs-i. 
SEC. 4. To carry out the purposes of this joint resolution, the Com- a^^^Jl^f" ^"'^ 
mission shall have the authority, within the limits of available 
appropriations— 
(1) to obtain any research or other assistance it deems neces-
sary; 
(2) to prescribe such rules and regulations as it deems neces-
sary governing the manner of its operations and its organization 
and personnel; 
(3) to enter into contracts or other arrangements, or modifica-
tions thereof, and such contracts or other arrangements or modi-
fications thereof may be entered into without legal consideration, 
without performance or other bonds, and without regard to sec-
tion 3709 of the Revised Statutes, as amended (41 U.S.C. 5); 
(4) to make advance, progress, and other payments which it 
deems necessary without regard to the provisions of section 3648 
of the Revised Statutes, as amended (31 U.S.C. 529) ; 
(5) to accept and utilize the services of voluntary and uncom-
pensated personnel and reimburse them for travel expenses, 
mcluding per.diem, as authorized by section 5703 of title 5, United 
States Code; and 
83 stat. 190. 
(6) to acquire by lease, loan, gift, bequest, or devise, and to hold 
and dispose of by sale, lease, or loan, real or personal property of 
all kinds necessary for or resulting from the exercise of authority 
under this joint resolution. 
SEC. 5. Any office, department, agency, or instrumentality of the 
executive or judicial branches of the United States Government shall 
furnish to the Commission, upon a reimbursable basis, such advice, 
information, and records as the Commission may require for the per-
formance of its duties. 
SEC. 6. There are authorized to be appropriated out of the Salaries 11^^311*01^^"**"' 
and Expenses Fund created pursuant to section 40c(4) of the Bank- ""'*" '°"* 
ruptcy Act (11 U.S.C. 68c(4)) to the Commission such sums, but not 
\\ use e^s^' 
more than $600,000, as may be necessary to carry out the provisions 
of this joint resolution. 
Approved July 24, 1970.