[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 248 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 248

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 1997

  Mrs. Feinstein (for herself and Mr. Reid) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 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,

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 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 boundaries or 
        structure as may be appropriate for the expeditious and 
        effective disposition of the caseload of the Federal Courts of 
        Appeals, consistent with fundamental concepts of fairness and 
        due process.

SEC. 2. MEMBERSHIP.

    (a) Composition.--The Commission shall be composed of 12 members 
appointed as follows:
            (1) Two members appointed by the President of the United 
        States.
            (2) Two members appointed by the Chief Justice of the 
        United States.
            (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 Commission 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 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 travel time) 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 Executive 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 the Commission 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 requested by the 
Chair of the Commission.

SEC. 6. REPORT.

    No later than 2 years following the date on which its seventh 
member is appointed in accordance with section 2(b), the Commission 
shall submit its report to the President and the Congress. The 
Commission shall terminate 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 
Committee on the Judiciary of the Senate shall act on the report.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission 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.
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