[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 283 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 283

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 6, 1997

   Mr. Burns 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 recommendations to the President and Congress on 
        appropriate changes in circuit boundaries or structure 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 8 members 
appointed as follows:
            (1) One member appointed by the President of the United 
        States.
            (2) Three members appointed by the Majority Leader of the 
        Senate.
            (3) Three members appointed by the Speaker of the House of 
        Representatives.
            (4) One member appointed by the Chief Justice of the United 
        States.
    (b) Vacancy.--Any vacancy on 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.--Four 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 Federal officers 
or employees 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) Non-Federal Members.--Any member of the Commission who is not a 
Federal officer or employee 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 the approval of the 
Commission, may appoint and fix the compensation of such additional 
personnel as the Executive Director 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 under 
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 1 year after the date of the enactment of this Act, 
or June 30, 1998, whichever occurs first, the Commission shall submit a 
report to the President and the Congress. The Commission shall 
terminate 90 days after the date of the submission of the 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 is authorized to be appropriated to the Commission to carry 
out this Act $500,000 for fiscal year 1997.
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