Union Calendar No. 17

105TH CONGRESS

1ST SESSION H. R. 908

[Report No. 105–26]

A BILL

To establish a Commission on Structural

Alternatives for the Federal Courts of Appeals.

MARCH 17, 1997

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 17

105TH CONGRESS

1ST SESSION H. R. 908

[Report No. 105–26]

To establish a Commission on Structural Alternatives for the Federal Courts

of Appeals.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1997

Mr. COBLE (for himself and Mr. BERMAN) introduced the following bill; which

was referred to the Committee on the Judiciary

MARCH 17, 1997

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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,
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1 SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMIS2 SION.

3 (a) ESTABLISHMENT.—There is established a Com4 mission on Structural Alternatives for the Federal Courts

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

6 (b) FUNCTIONS.—The functions of the Commission

7 shall be to—

8 (1) study the present division of the United

9 States into the several judicial circuits;

10 (2) study the structure and alignment of the

11 Federal Court of Appeals system, with particular

12 reference to the Ninth Circuit; and

13 (3) report to the President and Congress its

14 recommendations for such changes in circuit bound15 aries or structure as may be appropriate for the ex16 peditious and effective disposition of the caseload of

17 the Federal Courts of Appeals, consistent with fun18 damental concepts of fairness and due process.

19 SEC. 2. MEMBERSHIP.

20 (a) COMPOSITION.—The Commission shall be com21 posed of 12 members appointed as follows:

22 (1) Two members appointed by the President of

23 the United States.

24 (2) Two members appointed by the Chief Jus25 tice of the United States.
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1 (3) Two members appointed by the Majority

2 Leader of the Senate.

3 (4) Two members appointed by the Minority

4 Leader of the Senate.

5 (5) Two members appointed by the Speaker of

6 the House of Representatives.

7 (6) Two members appointed by the Minority

8 Leader of the House of Representatives.

9 (b) APPOINTMENT.—The members of the Commis10 sion shall be appointed within 60 days after the date of

11 the enactment of this Act.

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

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

14 (d) CHAIR.—The Commission shall elect a Chair and

15 Vice Chair from among its members.

16 (e) QUORUM.—Seven members of the Commission

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

18 SEC. 3. COMPENSATION.

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

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

21 shall receive no additional compensation for their services,

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

23 necessary expenses incurred in the performance of duties

24 vested in the Commission, but not in excess of the maxi-
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1 mum amounts authorized under section 456 of title 28,

2 United States Code.

3 (b) PRIVATE MEMBERS.—Members of the Commis4 sion from private life shall receive $200 for each day (in5 cluding travel time) during which the member is engaged

6 in the actual performance of duties vested in the Commis7 sion, plus reimbursement for travel, subsistence, and other

8 necessary expenses incurred in the performance of such

9 duties, but not in excess of the maximum amounts author10 ized under section 456 of title 28, United States Code.

11 SEC. 4. PERSONNEL.

12 (a) EXECUTIVE DIRECTOR.—The Commission may

13 appoint an Executive Director who shall receive compensa14 tion at a rate not exceeding the rate prescribed for level

15 V of the Executive Schedule under section 5316 of title

16 5, United States Code.

17 (b) STAFF.—The Executive Director, with the ap18 proval of the Commission, may appoint and fix the com19 pensation of such additional personnel as he determines

20 necessary, without regard to the provisions of title 5, Unit21 ed States Code, governing appointments in the competitive

22 service or the provisions of chapter 51 and subchapter III

23 of chapter 53 of such title relating to classification and

24 General Schedule pay rates. Compensation under this sub25 section shall not exceed the annual maximum rate of basic
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1 pay for a position above GS–15 of the General Schedule

2 under section 5108 of title 5, United States Code.

3 (c) EXPERTS AND CONSULTANTS.—The Executive

4 Director may procure personal services of experts and con5 sultants as authorized by section 3109 of title 5, United

6 States Code, at rates not to exceed the highest level pay7 able under the General Schedule pay rates under section

8 5332 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 the Commis19 sion determines necessary to carry out its functions under

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

21 instrumentality is authorized to provide such information

22 and assistance to the extent permitted by law when re23 quested by the Chair of the Commission.
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1 SEC. 6. REPORT.

2 No later than 2 years following the date on which

3 its seventh member is appointed in accordance with sec4 tion 2(b), the Commission shall submit its report to the

5 President and the Congress. The Commission shall termi6 nate 90 days after the date of the submission of its report.

7 SEC. 7. CONGRESSIONAL CONSIDERATION.

8 No later than 60 days after the submission of the

9 report, the Committees on the Judiciary of the House of

10 Representatives and the Senate shall act on the report.

11 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated to the Com13 mission such sums, not to exceed $1,300,000, as may be

14 necessary to carry out the purposes of this Act. Such sums

15 as are appropriated shall remain available until expended.