[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 723 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 723

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2019

 Mr. Sullivan (for himself, Ms. Murkowski, and Mr. Daines) 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. SHORT TITLE.

    This Act may be cited as the ``Federal Courts of Appeals 
Modernization Act''.

SEC. 2. ESTABLISHMENT.

    There is established a Commission on Structural Alternatives for 
the Federal Courts of Appeals (in this Act referred to as the 
``Commission'').

SEC. 3. MEMBERSHIP.

    (a) Composition.--The Commission shall be composed of 5 members who 
shall be appointed by the Chief Justice of the United States.
    (b) Appointment.--The members of the Commission shall be appointed 
not later than 30 days after the date of 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.--Three members of the Commission shall constitute a 
quorum.

SEC. 4. DUTIES.

    The Commission shall--
            (1) study the present division of the United States courts 
        of appeals, with particular references to the United States 
        Court of Appeals for the Ninth Circuit; and
            (2) submit to the President and Congress a report on the 
        recommendations of the Commission with respect to changes in 
        circuit boundaries or structure as may be appropriate for the 
        expeditious and effective disposition of the caseload of the 
        United States courts of appeals, consistent with fundamental 
        concepts of fairness and due process.

SEC. 5. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to $300 for each day (including travel 
time) during which such member is engaged in the performance of the 
duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--Each member of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates not greater than those described in section 456 of title 28, 
United States Code.

SEC. 6. STAFF.

    (a) Executive Director.--The Commission may appoint an Executive 
Director who shall be compensated at a rate not greater than the daily 
equivalent of the annual rate of basic pay prescribed for a position at 
GS-15 of the General Schedule for each day (including travel time) 
during which the Executive Director is engaged in the performance of 
the duties of the Commission.
    (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, and without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates, except that 
a rate of pay fixed under this subsection may 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 by 
contract the temporary or intermittent services of experts or 
consultants in accordance with section 3109 of title 5, United States 
Code, at rates for individuals that are not greater than the daily 
equivalent of the annual rate of basic pay for a comparable position 
paid under the General Schedule.
    (d) Services.--The Administrative Office of the United States 
Courts shall provide administrative services, including financial and 
budgeting services, to the Commission on a reimbursable basis. The 
Federal Judicial Center shall provide necessary research services to 
the Commission on a reimbursable basis.

SEC. 7. INFORMATION.

    The Commission may request from any department, agency, or 
independent instrumentality of the United States any information and 
assistance the Commission determines necessary to carry out its 
functions under this Act. Each such department, agency, and independent 
instrumentality may provide such information and assistance to the 
extent permitted by law when requested by the chair of the Commission.

SEC. 8. STUDY AND REPORT.

    (a) Study.--Not later than 300 days after the first date on which a 
quorum of the Commission is present, the Commission shall conclude a 
study on the issues described in section 4(1).
    (b) Report.--Not later than 60 days after the date by which the 
Commission is required to conclude the study under subsection (a), the 
Commission shall submit to the President and Congress the report 
required under section 4(2).

SEC. 9. TERMINATION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits the report described in section 8(b).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary, 
not to exceed $1,000,000, to carry out this Act, to remain available 
until expended.
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