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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMIS-
SION.
(a) ESTABLISHMENT.—There is established a Com-
mission on Structural Alternatives for the Federal Courts
of Appeals (hereinafter referred to as the ‘‘Commission’’).
(b) FUNCTIONS.—The functions of the Commission
shall be to—
(1) study the present division of the United
States into the several judicial circuits;
(2) study the structure and alignment of the
Federal Court of Appeals system, with particular
reference to the Ninth Circuit; and
(3) report to the President and Congress its
recommendations for such changes in circuit bound-
aries or structure as may be appropriate for the ex-
peditious and effective disposition of the caseload of
the Federal Courts of Appeals, consistent with fun-
damental concepts of fairness and due process.
SEC. 2. MEMBERSHIP.
(a) COMPOSITION.—The Commission shall be com-
posed of 12 members appointed as follows:
(1) Two members appointed by the President of
the United States.
(2) Two members appointed by the Chief Jus-
tice of the United States.
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(3) Two members appointed by the Majority
Leader of the Senate.
(4) Two members appointed by the Minority
Leader of the Senate.
(5) Two members appointed by the Speaker of
the House of Representatives.
(6) Two members appointed by the Minority
Leader of the House of Representatives.
(b) APPOINTMENT.—The members of the Commis-
sion shall be appointed within 60 days after the date of
the enactment of this Act.
(c) VACANCY.—Any vacancy in the Commission shall
be filled in the same manner as the original appointment.
(d) CHAIR.—The Commission shall elect a Chair and
Vice Chair from among its members.
(e) QUORUM.—Seven members of the Commission
shall constitute a quorum, but 3 may conduct hearings.
SEC. 3. COMPENSATION.
(a) IN GENERAL.—Members of the Commission who
are officers, or full-time employees, of the United States
shall receive no additional compensation for their services,
but shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of duties
vested in the Commission, but not in excess of the maxi-
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mum amounts authorized under section 456 of title 28,
United States Code.
(b) PRIVATE MEMBERS.—Members of the Commis-
sion from private life shall receive $200 for each day (in-
cluding travel time) during which the member is engaged
in the actual performance of duties vested in the Commis-
sion, plus reimbursement for travel, subsistence, and other
necessary expenses incurred in the performance of such
duties, but not in excess of the maximum amounts author-
ized under section 456 of title 28, United States Code.
SEC. 4. PERSONNEL.
(a) EXECUTIVE DIRECTOR.—The Commission may
appoint an Executive Director who shall receive compensa-
tion at a rate not exceeding the rate prescribed for level
V of the Executive Schedule under section 5316 of title
5, United States Code.
(b) STAFF.—The Executive Director, with the ap-
proval of the Commission, may appoint and fix the com-
pensation of such additional personnel as he determines
necessary, without regard to the provisions of title 5, Unit-
ed States Code, governing appointments in the competitive
service or the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and
General Schedule pay rates. Compensation under this sub-
section shall not exceed the annual maximum rate of basic
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pay for a position above GS–15 of the General Schedule
under section 5108 of title 5, United States Code.
(c) EXPERTS AND CONSULTANTS.—The Executive
Director may procure personal services of experts and con-
sultants as authorized by section 3109 of title 5, United
States Code, at rates not to exceed the highest level pay-
able under the General Schedule pay rates under section
5332 of title 5, United States Code.
(d) SERVICES.—The Administrative Office of the
United States Courts shall provide administrative services,
including financial and budgeting services, for the Com-
mission on a reimbursable basis. The Federal Judicial
Center shall provide necessary research services on a reim-
bursable basis.
SEC. 5. INFORMATION.
The Commission is authorized to request from any
department, agency, or independent instrumentality of the
Government any information and assistance the Commis-
sion determines necessary to carry out its functions under
this Act. Each such department, agency, and independent
instrumentality is authorized to provide such information
and assistance to the extent permitted by law when re-
quested by the Chair of the Commission.
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SEC. 6. REPORT.
No later than 2 years following the date on which
its seventh member is appointed in accordance with sec-
tion 2(b), the Commission shall submit its report to the
President and the Congress. The Commission shall termi-
nate 90 days after the date of the submission of its report.
SEC. 7. CONGRESSIONAL CONSIDERATION.
No later than 60 days after the submission of the
report, the Committees on the Judiciary of the House of
Representatives and the Senate shall act on the report.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Com-
mission such sums, not to exceed $1,300,000, as may be
necessary to carry out the purposes of this Act. Such sums
as are appropriated shall remain available until expended.