[Congressional Record Volume 143, Number 14 (Thursday, February 6, 1997)]
[Senate]
[Pages S1113-S1114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    COMMISSION ON STRUCTURAL ALTERNATIVES FOR THE FEDERAL COURTS OF 
                            APPEALS--S. 248

 Mrs. FEINSTEIN. Mr. President, on January 30, with my 
distinguished colleague, Harry Reid, I introduced S. 248, to establish 
a Commission on Structural Alternatives for the Federal Courts of 
Appeals. I now ask that it be printed in the Record.
  The text of the bill follows:
       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;

[[Page S1114]]

       (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 
     Committee, 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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