[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1674 Introduced in Senate (IS)]







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


 


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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legal Reform Commission Act of 
1998''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Legal Reform Commission (hereafter in this Act referred to as 
the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 11 
        members of whom--
                    (A) one shall be appointed by the President;
                    (B) one shall be appointed by the President pro 
                tempore of the Senate;
                    (C) one shall be appointed by the Speaker of the 
                House of Representatives;
                    (D) two shall be appointed by the Majority Leader 
                of the Senate;
                    (E) two shall be appointed by the Minority Leader 
                of the Senate;
                    (F) two shall be appointed by the Majority Leader 
                of the House of Representatives; and
                    (G) two shall be appointed by the Minority Leader 
                of the House of Representatives.
            (2) Chairman and vice chairman.--The members of the 
        Commission shall select a Chairman and a Vice Chairman from the 
        members.
            (3) Prohibition.--
                    (A) Chairman.--The Chairman of the Commission may 
                not be an employee or former employee of the Federal 
                Government.
                    (B) Members.--No member of the Commission may be a 
                member or former member of the Bar of any State.
            (4) Date.--The appointments of the members of the 
        Commission shall be made no later than June 1, 1998.
    (c) 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.
    (d) 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.
    (e) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall conduct a thorough 
        study of all matters relating to the reform and simplification 
        of the United States legal system.
            (2) Matters studied.--The matters studied by the Commission 
        shall include reform of--
                    (A) Federal law;
                    (B) State law;
                    (C) criminal law;
                    (D) civil law;
                    (E) judicial, trial, and appellate processes;
                    (F) the Federal Rules of Evidence;
                    (G) the Federal Rules of Civil Procedure; and
                    (H) the Federal Rules of Criminal Procedure.
    (b) Recommendations.--The Commission shall develop recommendations 
on all matters studied under subsection (a) relating to reform of the 
United States legal system.
    (c) Report.--No later than 2 years after the date of enactment of 
this Act, the Commission shall submit a report to the President and 
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. 4. 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 Act.
    (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 Act. 
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. 5. 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. 6. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits its report under section 3.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to the Commission to carry out the purposes of this 
Act.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until expended.