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Union Calendar No. 17
105th CONGRESS
1st Session
H. R. 908
[Report No. 105-26]
_______________________________________________________________________
A BILL
To establish a 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
Union Calendar No. 17
105th CONGRESS
1st Session
H. R. 908
[Report No. 105-26]
To establish a Commission on Structural Alternatives for the Federal
Courts of Appeals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 1997
Mr. Coble (for himself and Mr. Berman) introduced the following bill;
which was referred to the Committee on the Judiciary
March 17, 1997
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
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 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 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 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
Committees on the Judiciary of the House of Representatives and 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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