[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1879 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1879
To establish a Commission on Structural Alternatives for the Federal
Courts of Appeals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2023
Mr. Sullivan (for himself, Mr. Crapo, Mr. Daines, Ms. Murkowski, and
Mr. Risch) 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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