[House Report 105-26]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     105-26
_______________________________________________________________________


 
COMMISSION ON STRUCTURAL ALTERNATIVES FOR THE FEDERAL COURTS OF APPEALS

                                _______
                                

 March 17, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


    Mr. Coble, from the Committee on the Judiciary,  submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 908]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 908) to establish a Commission on Structural Alternatives 
for the Federal Courts of Appeals, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
Committee on Government Reform and Oversight.....................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Estimate.............................     3
Constitutional Authority.........................................     5
Section-by-Section Analysis......................................     5

                          Purpose and Summary

    The purpose of H.R. 908 is to establish a Commission on 
Structural Alternatives for the Federal Courts of Appeals. The 
Commission would: (1) study the present division of the United 
States into several judicial circuits; (2) review the structure 
and alignment of the Federal Courts 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 caseload of the Federal Courts of 
Appeals, consistent with fundamental concepts of fairness and 
due process.

                Background and Need for the Legislation

    H.R. 908 would create a Commission on Structural 
Alternatives for the Federal Courts of Appeals. The legislation 
originated as a response to recurring attempts to divide the 
largest of the federal judicial circuits, the Ninth. However, 
the Commission proposal in this bill represents a sound 
approach to a problem of national concern: explosive growth in 
the caseload of all of the courts of appeals.
    Over the past two decades, filings in the courts of appeals 
have increased by more than 200 percent. The number of judges 
has also grown, though much more slowly. But the structure of 
the federal appellate system remains essentially the same one 
that Congress created more than a century ago. The time is ripe 
for a careful, objective study aimed at determining whether 
that structure can adequately serve the needs of the 21st 
century. The task of the Commission would be to carry out that 
study.
    Although the immediate occasion for the Commission proposal 
was the debate over dividing the Ninth Circuit, the proposal 
has its origins in the work of the Federal Courts Study 
Committee, which was created by Act of Congress in 1988. In a 
report issued in 1990, the Study Committee concluded that the 
federal appellate courts were already experiencing a ``crisis 
of volume.'' The Study Committee expressed the view that 
``within as few as five years the nation could have to decide 
whether or not to abandon the present circuit structure in 
favor of an alternative structure that might better organize 
the more numerous appellate judges needed to grapple with a 
swollen caseload.'' The Committee's report presented several 
``structural alternatives,'' but it did not endorse any of 
them; instead, it called for ``further inquiry and 
discussion.'' The proposed Commission would thus take up where 
the Federal Courts Study Committee left off.
    The proposed Commission would be the first of its kind 
since the Commission on Revision of the Federal Court Appellate 
System (the ``Hruska Commission''), which completed its work in 
1975, more than 20 years ago. Needless to say, dramatic changes 
have taken place in the work of the federal courts in those two 
decades, including the explosive growth noted above. But there 
have been no structural alterations except for the division of 
the old Fifth Circuit and the creation of the Court of Appeals 
for the Federal Circuit.
    H.R. 908 would give the Commission two years in which to 
carry out its work. It also includes a requirement that the 
initial appointments to the Commission be made within 60 days 
of the date of enactment. That will help to assure that the 
process will not be delayed unduly.
    Under H.R. 908, the composition of the Commission would 
consist of 12 members, with two members to be appointed by each 
of six individuals--the President, the Chief Justice, the 
Majority and Minority Leaders of the Senate, and the Speaker 
and Minority Leader of the House. A quorum would consist of 7 
members, but 3 may conduct hearings. Funding for the Commission 
would be $1.3 million, $500,000 of which has already been 
appropriated pursuant to Public Law 104-208, an Omnibus 
Appropriations Act passed by the 104th Congress. Members of the 
Commission who are federal officers or full-time employees will 
receive no additional compensation for their services, but 
shall be reimbursed for travel, subsistence, and other related 
expenses. Those Commissioners selected from private life will 
also be reimbursed for expenses in addition to receiving $200 
per day when engaged in Commission-related work. The Commission 
will have authority to hire staff and procure the personal 
services of experts and consultants.

                                Hearings

    Neither the Subcommittee on Courts and Intellectual 
Property nor the Committee conducted hearings on H.R. 908. The 
Senate Committee on the Judiciary did hold hearings on a 
similar bill, S. 956, during the 104th Congress.

                        Committee Consideration

    On March 5, 1997, the Subcommittee on Courts and 
Intellectual Property met in open session and reported 
favorably H.R. 908 to the full Committee by voice vote, a 
quorum being present. On March 12, 1997, the Committee on the 
Judiciary met in open session and reported favorably H.R. 908 
to the House by voice vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes during consideration of H.R. 
908.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(C)(3) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 908, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 12, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 908, a bill to 
establish a Commission on Structural Alternatives for the 
Federal Courts of Appeals.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 908--A bill to establish a Commission on Structural Alternatives 
        for the Federal Courts of Appeals

    Summary: H.R. 908 would establish a commission to study the 
structure and alignment of the Federal Court of appeals system. 
The commission, consisting of 12 members, would have two years 
after its seventh member is appointed to conduct the study and 
present its findings to the President and the Congress. In 
addition, the commission would have the authority to appoint an 
executive director, who, with the approval of the commission, 
could appoint additional personnel to assist the commission in 
performing its duties.
    The bill would authorize the appropriation of up to $1.3 
million for establishing the commission and carrying out its 
duties, but $500,000 of that amount has already been 
appropriated. Hence, CBO estimates an additional cost of 
$800,000, assuming appropriation of the entire amount 
authorized. H.R. 908 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The bill does not contain any intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
of 1995.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 908 is shown in the table on the 
following page. CBO assumes that the full amount authorized in 
H.R. 908 would be appropriated by the start of fiscal year 
1998. Because $500,000 has already been appropriated for this 
purpose, CBO estimates that an additional appropriation of 
$800,000 would be required for the commission to complete its 
study. Projected outlays are based on the historical rate of 
spending for similar commissions.

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
Spending under current law:                                                                                     
    Authorization level \1\...............................      0.5  .......  .......  .......  .......  .......
    Estimated outlays.....................................      0.3      0.2  .......  .......  .......  .......
Proposed changes:                                                                                               
    Authorization level...................................  .......      0.8  .......  .......  .......  .......
    Estimated outlays.....................................  .......      0.6      0.2  .......  .......  .......
Spending under H.R. 908:                                                                                        
    Authorization level \1\...............................      0.5      0.8  .......  .......  .......  .......
    Estimated outlays.....................................      0.3      0.8      0.2  .......  .......  .......
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for the year.                                                     

    The costs of this legislation fall within budget function 
750 (administration of justice).
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 908 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act of 1995, and would 
not impose any costs on state, local, or tribal governments.
    Estimate prepared by: Susanne S. Mehlman.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                        Constitutional Authority

    The constitutional authority for H.R. 908 is Article I, 
Section 8.

                      section-by-section analysis

    Section 1 of the bill establishes a Commission on 
Structural Alternatives for the Federal Courts of Appeals and 
enumerates its functions; namely, to study the present division 
of the United States into the several judicial circuits; review 
the structure and alignment of the Federal Court of Appeals 
system, with particular reference to the Ninth Circuit; and 
report to the President and Congress its recommendations for 
such changes in circuit boundaries or structure as may be 
appropriate for the expeditions and effective disposition of 
the caseload of the Federal Courts of Appeals, consistent with 
fundamental concepts of fairness and due process.
    Section 2 of the bill describes the 12-member composition 
of the commission: two persons to be appointed by each of six 
individuals--the President, the Chief Justice of the Supreme 
Court, the Majority and Minority Leaders of the Senate, the 
Speaker of the House of Representatives, and the Minority 
Leader of the House of Representatives.
    All members of the Commission are to be appointed within 60 
days after the date of enactment of the bill. Vacancies are to 
be filled in the same manner as an original appointment. 
Section 2 also requires the Commission, once appointed, to 
elect a Chair and Vice Chair from among its members. At least 
three members may conduct hearings, but seven will constitute a 
quorum.
    Section 3 establishes rates of compensation for members of 
the Commission. Officers or full-time employees of the Federal 
workforce will receive no additional compensation, but shall be 
reimbursed for travel, subsistence, and other necessary 
expenses related to Commission work. In addition to such 
expenses, private members of the Commission will receive $200 
for each day (including travel time) they perform Commission-
related work.
    Section 4 authorizes the Commission to appoint an Executive 
Director who, in turn, may hire staff and procure the personal 
services of experts and consultants to assist the Commission in 
its work. Section 4 further directs the Administrative Office 
of the U.S. Courts to provide administrative services for the 
Commission on a reimbursable basis, and requires the Federal 
Judicial Center to provide necessary research services on a 
reimbursable basis.
    Section 5 authorizes the Commission to require from any 
Federal department, agency, or independent instrumentalities 
any information or assistance the Commission determines 
necessary to perform its work. The affected departments, 
agencies, and independent instrumentalities are correspondingly 
authorized to provide such information and assistance.
    Section 6 requires the Commission to submit its report to 
the President and Congress no later than 2 years after the date 
on which the Seventh Commission Member is appointed. The 
Commission will then terminate 90 days after the date of 
submission of the report.
    Section 7 requires the Committees on the Judiciary of the 
House of Representatives and the Senate to act on the report no 
later than 60 days following its submission.
    Section 8 authorizes up to $1,300,000 to be appropriated 
for the Commission to perform its work.

                                
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