Establishment of the Presidential Commission on the Supreme Court of the United States, 19569-19570 [2021-07756]

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• Executive Office of the President

[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Presidential Documents]
[Pages 19569-19570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07756]




                        Presidential Documents 



Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / 
Presidential Documents

[[Page 19569]]


                Executive Order 14023 of April 9, 2021

                
Establishment of the Presidential Commission on 
                the Supreme Court of the United States

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Establishment. There is established the 
                Presidential Commission on the Supreme Court of the 
                United States (Commission).

                Sec. 2. Membership. (a) The Commission shall be 
                composed of not more than 36 members appointed by the 
                President.

                    (b) Members of the Commission shall be 
                distinguished constitutional scholars, retired members 
                of the Federal judiciary, or other individuals having 
                experience with and knowledge of the Federal judiciary 
                and the Supreme Court of the United States (Supreme 
                Court).
                    (c) The President shall designate two members of 
                the Commission to serve as Co-Chairs.

                Sec. 3. Functions. (a) The Commission shall produce a 
                report for the President that includes the following:

(i) An account of the contemporary commentary and debate about the role and 
operation of the Supreme Court in our constitutional system and about the 
functioning of the constitutional process by which the President nominates 
and, by and with the advice and consent of the Senate, appoints Justices to 
the Supreme Court;

(ii) The historical background of other periods in the Nation's history 
when the Supreme Court's role and the nominations and advice-and-consent 
process were subject to critical assessment and prompted proposals for 
reform; and

(iii) An analysis of the principal arguments in the contemporary public 
debate for and against Supreme Court reform, including an appraisal of the 
merits and legality of particular reform proposals.

                    (b) The Commission shall solicit public comment, 
                including other expert views, to ensure that its work 
                is informed by a broad spectrum of ideas.
                    (c) The Commission shall submit its report to the 
                President within 180 days of the date of the 
                Commission's first public meeting.

                Sec. 4. Administration. (a) The Office of 
                Administration within the Executive Office of the 
                President shall provide funding and administrative 
                support for the Commission to the extent permitted by 
                law and within existing appropriations. To the extent 
                permitted by law, including the Economy Act (31 U.S.C. 
                1535), and subject to the availability of 
                appropriations, the General Services Administration 
                shall provide administrative services, including 
                facilities, staff, equipment, and other support 
                services as may be necessary to carry out the 
                objectives of the Commission.

                    (b) Members of the Commission shall serve without 
                compensation for their work on the Commission, but 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, to the extent permitted by law for 
                persons serving intermittently in the Government 
                service (5 U.S.C. 5701-5707).
                    (c) Insofar as the Federal Advisory Committee Act, 
                as amended (5 U.S.C. App.) (Act), may apply to the 
                Commission, any functions of the President

[[Page 19570]]

                under the Act, except for those in section 6 of the 
                Act, shall be performed by the Administrator of General 
                Services.

                Sec. 5. Termination. The Commission shall terminate 30 
                days after it submits its report to the President.

                Sec. 6. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 9, 2021.

[FR Doc. 2021-07756
Filed 4-13-21; 8:45 am]
Billing code 3295-F1-P