I

105TH CONGRESS

1ST SESSION H. R. 639

To establish a Commission on Structural Alternatives for the Federal Courts

of Appeals.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1997

Mr. HILL introduced the following bill; which was 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. 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 functions of the Commission

9 shall be to—
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1 (1) study the present division of the United

2 States into the several judicial circuits;

3 (2) study the structure and alignment of the

4 Federal court of appeals system, with particular ref5 erence to the Ninth Circuit; and

6 (3) report recommendations to the President

7 and Congress on appropriate changes in circuit

8 boundaries or structure for the expeditious and ef9 fective disposition of the caseload of the Federal

10 Courts of Appeals, consistent with fundamental con11 cepts of fairness and due process.

12 SEC. 2. MEMBERSHIP.

13 (a) COMPOSITION.—The Commission shall be com14 posed of 8 members appointed as follows:

15 (1) One member appointed by the President of

16 the United States.

17 (2) Three members appointed by the Majority

18 Leader of the Senate.

19 (3) Three members appointed by the Speaker of

20 the House of Representatives.

21 (4) One member appointed by the Chief Justice

22 of the United States.

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

24 be filled in the same manner as the original appointment.
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1 (c) CHAIR.—The Commission shall elect a Chair and

2 Vice Chair from among its members.

3 (d) QUORUM.—Four members of the Commission

4 shall constitute a quorum, but 3 may conduct hearings.

5 SEC. 3. COMPENSATION.

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

7 are Federal officers or employees shall receive no addi8 tional compensation for their services, but shall be reim9 bursed for travel, subsistence, and other necessary ex10 penses incurred in the performance of duties vested in the

11 Commission, but not in excess of the maximum amounts

12 authorized under section 456 of title 28, United States

13 Code.

14 (b) NON-FEDERAL MEMBERS.—Any member of the

15 Commission who is not a Federal officer or employee shall

16 receive $200 for each day (including travel time) during

17 which the member is engaged in the actual performance

18 of duties vested in the Commission, plus reimbursement

19 for travel, subsistence, and other necessary expenses in20 curred in the performance of such duties, but not in excess

21 of the maximum amounts authorized under section 456

22 of title 28, United States Code.
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1 SEC. 4. PERSONNEL.

2 (a) EXECUTIVE DIRECTOR.—The Commission may

3 appoint an Executive Director who shall receive compensa4 tion at a rate not exceeding the rate prescribed for level

5 V of the Executive Schedule under section 5316 of title

6 5, United States Code.

7 (b) STAFF.—The Executive Director, with the ap8 proval of the Commission, may appoint and fix the com9 pensation of such additional personnel as the Executive

10 Director determines necessary, without regard to the pro11 visions of title 5, United States Code, governing appoint12 ments in the competitive service or the provisions of chap13 ter 51 and subchapter III of chapter 53 of such title relat14 ing to classification and General Schedule pay rates. Com15 pensation under this subsection shall not exceed the an16 nual maximum rate of basic pay for a position above GS–

17 15 of the General Schedule under section 5108 of title

18 5, United States Code.

19 (c) EXPERTS AND CONSULTANTS.—The Executive

20 Director may procure personal services of experts and con21 sultants as authorized under section 3109 of title 5, Unit22 ed States Code, at rates not to exceed the highest level

23 payable under the General Schedule pay rates under sec24 tion 5332 of title 5, United States Code.

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

26 United States Courts shall provide administrative services,
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1 including financial and budgeting services, for the Com2 mission on a reimbursable basis. The Federal Judicial

3 Center shall provide necessary research services on a reim4 bursable basis.

5 SEC. 5. INFORMATION.

6 The Commission is authorized to request from any

7 department, agency, or independent instrumentality of the

8 Government any information and assistance the Commis9 sion determines necessary to carry out its functions under

10 this Act. Each such department, agency, and independent

11 instrumentality is authorized to provide such information

12 and assistance to the extent permitted by law when re13 quested by the Chair of the Commission.

14 SEC. 6. REPORT.

15 No later than 1 year after the date of the enactment

16 of this Act, or June 30, 1998, whichever occurs first, the

17 Commission shall submit its report to the President and

18 the Congress under section 1(b). The Commission shall

19 terminate 90 days after the date of the submission of the

20 report.

21 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

22 There is authorized to be appropriated to the Com23 mission the sum of $500,000 to carry out this Act.

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