[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 956 Referred in House (RFH)]

  2d Session
                                 S. 956


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 1996

               Referred to the Committee on the Judiciary

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                                 AN ACT


 
 To establish a Commission on Structural Alternatives for the Federal 
                           Courts of Appeals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

COMMISSION ON STRUCTURAL ALTERNATIVES FOR THE FEDERAL COURTS OF APPEALS

SECTION. 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.

    (a) Establishment.--There is established a Commission on Structural 
Alternatives for the Federal Courts of Appeals (hereinafter referred to 
as the ``Commission'').
    (b) Functions.--The function 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 courts 
        of appeals with particular reference to the ninth circuit; and
            (3) report to the President and the Congress its 
        recommendations for such changes in circuit boundaries or 
        structure as may be appropriate for the expeditious and 
        effective disposition of the caseload of the Federal Courts of 
        Appeal, consistent with fundamental concepts of fairness and 
        due process.

SEC. 2. MEMBERSHIP.

    (a) Composition.--The Commission shall be composed of eleven 
members appointed as follows:
            (1) Two members appointed by the President of the United 
        States.
            (2) Three members appointed by the Majority Leader of the 
        Senate, in consultation with the Minority Leader of the Senate.
            (3) Three members appointed by the Speaker of the House of 
        Representatives, in consultation with the Minority Leader of 
        the House of Representatives.
            (4) Three members appointed by the Chief Justice of the 
        United States.
    (b) Vacancy.--Any vacancy in the Commission shall be filled in the 
same manner as the original appointment.
    (c) Chair.--The Commission shall elect a Chair and Vice Chair from 
among its members.
    (d) Quorum.--Six members of the Commission shall constitute a 
quorum, but three 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 exceeding the maximum 
amounts authorized under section 456 of title 28, United States Code.
    (b) Private Members.--Members of the Commission from private life 
shall receive $200 per diem for each day (including traveltime) during 
which the member is engaged in the actual performance of duties vested 
in the Commission, plus reimbursement for travel, subsistence, and 
other necessary expenses incurred in the performance of such duties, 
but not in excess of the maximum amounts authorized 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 compensation 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 approval of the 
Commission, may appoint and fix the compensation of such additional 
personnel as he determines necessary, without regard to the provisions 
of title 5, United 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 subsection shall not exceed 
the annual maximum rate of basic 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 Director may procure personal 
services of experts and consultants as authorized by section 3109 of 
title 5, United States Code, at rates not to exceed the highest level 
payable 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 Commission on a reimbursable basis. The 
Federal Judicial Center shall provide necessary research services on a 
reimbursable basis.

SEC. 5. INFORMATION.

    The Commission is authorized to request from any department, 
agency, or independent instrumentality of the Government any 
information and assistance it determines necessary to carry out its 
functions under this title and each such department, agency, and 
independent instrumentality is authorized to provide such information 
and assistance to the extent permitted by law when requested by the 
Chair of the Commission.

SEC. 6. REPORT.

    The Commission shall transmit its report to the President and the 
Congress no later tha February 28, 1997. The Commission shall terminate 
ninety days after the date of the submission of its report.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission such 
sums, not to exceed $500,000, as may be necessary to carry out the 
purposes of this title. Such sums as are appropriated shall remain 
available until expended.

SEC. 8. CONGRESSIONAL CONSIDERATION.

    Within sixty days of the transmission of the report, the Committee 
on the Judiciary of the Senate shall act on the report.

            Passed the Senate March 20, 1996.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.