[Congressional Record Volume 142, Number 39 (Wednesday, March 20, 1996)]
[Senate]
[Page S2438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     THE NINTH CIRCUIT COURT OF APPEALS REORGANIZATION ACT OF 1996

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               FEINSTEIN (AND OTHERS) AMENDMENT NO. 3558

  Mr. MURKOWSKI (for Mrs. Feinstein, for herself, Mr. Reid, Mr. Burns, 
Mr. Biden, Mr. Kennedy, and Mr. Akaka) proposed an amendment to the 
bill (S. 956) to amend title 28, United States Code, to divide the 
ninth judicial circuit of the United States into two circuits, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert:

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 of 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 it 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 than 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 appropriate to the Commission 
     such sums, not to exceed $500,000, as may be necessary to 
     carry out the purpose 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.
       Amend the title so as to read: ``A bill to establish a 
     Commission on Structural Alternatives for the Federal Courts 
     of Appeals''.

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