[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 932 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 932

To amend chapter 3 of title 28, United States Code, to provide for the 
appointment in each United States circuit court of appeals, of at least 
  one resident of each State in such circuit, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1997

 Mr. Abercrombie (for himself and Mrs. Mink of Hawaii) introduced the 
  following bill; which was referred to the Committee on the Judiciary

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                                 A BILL


 
To amend chapter 3 of title 28, United States Code, to provide for the 
appointment in each United States circuit court of appeals, of at least 
  one resident of each State in such circuit, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STATE RESIDENCY OF JUDGES OF UNITED STATES COURTS OF 
              APPEALS.

    (a) In General.--Section 44(c) of title 28, United States Code, is 
amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end thereof the following new 
        paragraph:
    ``(2) In each circuit (other than the District of Columbia or 
Federal judicial circuit) there shall be at least one circuit judge in 
regular active service appointed from the residents of each State in 
that circuit.''.
    (b) Appointments.--
            (1) Future appointments.--The President shall make 
        appointments under subsection (a) of section 44 of title 28, 
        United States Code, to fill vacancies occurring and judgeships 
        created on or after the date of the enactment of this Act in a 
        manner to meet the requirements of subsection (c)(2) of such 
        section (as added by subsection (a) of this section) at the 
        earliest practical date.
            (2) Sitting judges not affected.--The amendment made by 
        subsection (a) shall not affect the tenure of any judge of a 
        United States court of appeals who is in office on the date of 
        the enactment of this Act.
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