I

104TH CONGRESS

2D SESSION S. 956

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1996

Referred to the Committee on the Judiciary

AN ACT

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,
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1 COMMISSION ON STRUCTURAL ALTERNATIVES

2 FOR THE FEDERAL COURTS OF APPEALS

3 SECTION. 1. ESTABLISHMENT AND FUNCTIONS OF COMMIS4 SION.

5 (a) ESTABLISHMENT.—There is established a Com6 mission on Structural Alternatives for the Federal Courts

7 of Appeals (hereinafter referred to as the ‘‘Commission’’).

8 (b) FUNCTIONS.—The function of the Commission

9 shall be to—

10 (1) study the present division of the United

11 States into the several judicial circuits;

12 (2) study the structure and alignment of the

13 Federal courts of appeals with particular reference

14 to the ninth circuit; and

15 (3) report to the President and the Congress its

16 recommendations for such changes in circuit bound17 aries or structure as may be appropriate for the ex18 peditious and effective disposition of the caseload of

19 the Federal Courts of Appeal, consistent with fun20 damental concepts of fairness and due process.

21 SEC. 2. MEMBERSHIP.

22 (a) COMPOSITION.—The Commission shall be com23 posed of eleven members appointed as follows:

24 (1) Two members appointed by the President of

25 the United States.
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1 (2) Three members appointed by the Majority

2 Leader of the Senate, in consultation with the Mi3 nority Leader of the Senate.

4 (3) Three members appointed by the Speaker of

5 the House of Representatives, in consultation with

6 the Minority Leader of the House of Representa7 tives.

8 (4) Three members appointed by the Chief Jus9 tice of the United States.

10 (b) VACANCY.—Any vacancy in the Commission shall

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

12 (c) CHAIR.—The Commission shall elect a Chair and

13 Vice Chair from among its members.

14 (d) QUORUM.—Six members of the Commission shall

15 constitute a quorum, but three may conduct hearings.

16 SEC. 3. COMPENSATION.

17 (a) IN GENERAL.—Members of the Commission who

18 are officers, or full-time employees, of the United States

19 shall receive no additional compensation for their services,

20 but shall be reimbursed for travel, subsistence, and other

21 necessary expenses incurred in the performance of duties

22 vested in the Commission, but not exceeding the maximum

23 amounts authorized under section 456 of title 28, United

24 States Code.
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1 (b) PRIVATE MEMBERS.—Members of the Commis2 sion from private life shall receive $200 per diem for each

3 day (including traveltime) during which the member is en4 gaged in the actual performance of duties vested in the

5 Commission, plus reimbursement for travel, subsistence,

6 and other necessary expenses incurred in the performance

7 of such duties, but not in excess of the maximum amounts

8 authorized under section 456 of title 28, United States

9 Code.

10 SEC. 4. PERSONNEL.

11 (a) EXECUTIVE DIRECTOR.—The Commission may

12 appoint an Executive Director who shall receive compensa13 tion at a rate not exceeding the rate prescribed for level

14 V of the Executive Schedule under section 5316 of title

15 5, United States Code.

16 (b) STAFF.—The Executive Director, with approval

17 of the Commission, may appoint and fix the compensation

18 of such additional personnel as he determines necessary,

19 without regard to the provisions of title 5, United States

20 code, governing appointments in the competitive service or

21 the provisions of chapter 51 and subchapter III of chapter

22 53 of such title relating to classification and General

23 Schedule pay rates. Compensation under this subsection

24 shall not exceed the annual maximum rate of basic pay
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1 for a position above GS–15 of the General Schedule under

2 section 5108 of title 5, United States Code.

3 (c) EXPERTS AND CONSULTANTS.—The Director

4 may procure personal services of experts and consultants

5 as authorized by section 3109 of title 5, United States

6 Code, at rates not to exceed the highest level payable

7 under the General Schedule pay rates under section 5332

8 of title 5, United States Code.

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

10 United States Courts shall provide administrative services,

11 including financial and budgeting services, for the Com12 mission on a reimbursable basis. The Federal Judicial

13 Center shall provide necessary research services on a reim14 bursable basis.

15 SEC. 5. INFORMATION.

16 The Commission is authorized to request from any

17 department, agency, or independent instrumentality of the

18 Government any information and assistance it determines

19 necessary to carry out its functions under this title and

20 each such department, agency, and independent instru21 mentality is authorized to provide such information and

22 assistance to the extent permitted by law when requested

23 by the Chair of the Commission.
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1 SEC. 6. REPORT.

2 The Commission shall transmit its report to the

3 President and the Congress no later tha February 28,

4 1997. The Commission shall terminate ninety days after

5 the date of the submission of its report.

6 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated to the Com8 mission such sums, not to exceed $500,000, as may be

9 necessary to carry out the purposes of this title. Such

10 sums as are appropriated shall remain available until ex11 pended.

12 SEC. 8. CONGRESSIONAL CONSIDERATION.

13 Within sixty days of the transmission of the report,

14 the Committee on the Judiciary of the Senate shall act

15 on the report.

Passed the Senate March 20, 1996.

Attest: KELLY D. JOHNSTON,

Secretary.