Federal Courts of Appeals Modernization Act

Composition— The Commission shall be composed of 5 members who shall be appointed by the Chief Justice of the United States.

Appointment— The members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act.

Vacancy— Any vacancy in the Commission shall be filled in the same manner as the original appointment.

Chair— The Commission shall elect a chair and vice chair from among its members.

Quorum— Three members of the Commission shall constitute a quorum.

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

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.

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.

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.

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.

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.

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.

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.

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).

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).