II 

116TH CONGRESS 

1ST SESSION S. 723 

To establish a Commission on Structural Alternatives for the Federal Courts 

of Appeals. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2019 

Mr. SULLIVAN (for himself, Ms. MURKOWSKI, and Mr. DAINES) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To establish a Commission on Structural Alternatives for 

the Federal Courts of Appeals. 

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 ‘‘Federal Courts of Ap5 peals Modernization Act’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established a Commission on Structural Al8 ternatives for the Federal Courts of Appeals (in this Act 

9 referred to as the ‘‘Commission’’). 


kjohnson on DSK79L0C42 with BILLS
2 

•S 723 IS

1 SEC. 3. MEMBERSHIP. 

2 (a) COMPOSITION.—The Commission shall be com3 posed of 5 members who shall be appointed by the Chief 

4 Justice of the United States. 

5 (b) APPOINTMENT.—The members of the Commis6 sion shall be appointed not later than 30 days after the 

7 date of enactment of this Act. 

8 (c) VACANCY.—Any vacancy in the Commission shall 

9 be filled in the same manner as the original appointment. 

10 (d) CHAIR.—The Commission shall elect a chair and 

11 vice chair from among its members. 

12 (e) QUORUM.—Three members of the Commission 

13 shall constitute a quorum. 

14 SEC. 4. DUTIES. 

15 The Commission shall— 

16 (1) study the present division of the United 

17 States courts of appeals, with particular references 

18 to the United States Court of Appeals for the Ninth 

19 Circuit; and 

20 (2) submit to the President and Congress a re21 port on the recommendations of the Commission 

22 with respect to changes in circuit boundaries or 

23 structure as may be appropriate for the expeditious 

24 and effective disposition of the caseload of the 

25 United States courts of appeals, consistent with fun26 damental concepts of fairness and due process. 


kjohnson on DSK79L0C42 with BILLS
3 

•S 723 IS

1 SEC. 5. COMMISSION PERSONNEL MATTERS. 

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

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

4 Federal Government shall be compensated at a rate equal 

5 to $300 for each day (including travel time) during which 

6 such member is engaged in the performance of the duties 

7 of the Commission. All members of the Commission who 

8 are officers or employees of the United States shall serve 

9 without compensation in addition to that received for their 

10 services as officers or employees of the United States. 

11 (b) TRAVEL EXPENSES.—Each member of the Com12 mission shall be allowed travel expenses, including per 

13 diem in lieu of subsistence, at rates not greater than those 

14 described in section 456 of title 28, United States Code. 

15 SEC. 6. STAFF. 

16 (a) EXECUTIVE DIRECTOR.—The Commission may 

17 appoint an Executive Director who shall be compensated 

18 at a rate not greater than the daily equivalent of the an19 nual rate of basic pay prescribed for a position at GS– 

20 15 of the General Schedule for each day (including travel 

21 time) during which the Executive Director is engaged in 

22 the performance of the duties of the Commission. 

23 (b) STAFF.—The Executive Director, with the ap24 proval of the Commission, may appoint and fix the com25 pensation of such additional personnel as the Executive 

26 Director determines necessary, without regard to the proVerDate Sep 11 2014 01:30 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S723.IS S723

kjohnson on DSK79L0C42 with BILLS
4 

•S 723 IS

1 visions of title 5, United States Code, governing appoint2 ments in the competitive service, and without regard to 

3 the provisions of chapter 51 and subchapter III of chapter 

4 53 of such title relating to classification and General 

5 Schedule pay rates, except that a rate of pay fixed under 

6 this subsection may not exceed the annual maximum rate 

7 of basic pay for a position above GS–15 of the General 

8 Schedule under section 5108 of title 5, United States 

9 Code. 

10 (c) EXPERTS AND CONSULTANTS.—The Executive 

11 Director may procure by contract the temporary or inter12 mittent services of experts or consultants in accordance 

13 with section 3109 of title 5, United States Code, at rates 

14 for individuals that are not greater than the daily equiva15 lent of the annual rate of basic pay for a comparable posi16 tion paid under the General Schedule. 

17 (d) SERVICES.—The Administrative Office of the 

18 United States Courts shall provide administrative services, 

19 including financial and budgeting services, to the Commis20 sion on a reimbursable basis. The Federal Judicial Center 

21 shall provide necessary research services to the Commis22 sion on a reimbursable basis. 

23 SEC. 7. INFORMATION. 

24 The Commission may request from any department, 

25 agency, or independent instrumentality of the United 


kjohnson on DSK79L0C42 with BILLS
5 

•S 723 IS

1 States any information and assistance the Commission de2 termines necessary to carry out its functions under this 

3 Act. Each such department, agency, and independent in4 strumentality may provide such information and assist5 ance to the extent permitted by law when requested by 

6 the chair of the Commission. 

7 SEC. 8. STUDY AND REPORT. 

8 (a) STUDY.—Not later than 300 days after the first 

9 date on which a quorum of the Commission is present, 

10 the Commission shall conclude a study on the issues de11 scribed in section 4(1). 

12 (b) REPORT.—Not later than 60 days after the date 

13 by which the Commission is required to conclude the study 

14 under subsection (a), the Commission shall submit to the 

15 President and Congress the report required under section 

16 4(2). 

17 SEC. 9. TERMINATION. 

18 The Commission shall terminate 90 days after the 

19 date on which the Commission submits the report de20 scribed in section 8(b). 

21 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated such sums 

23 as are necessary, not to exceed $1,000,000, to carry out 

24 this Act, to remain available until expended. 

Æ 


kjohnson on DSK79L0C42 with BILLS