[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6754 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6754

 To amend title 28, United States Code, to modify the structure of the 
    Court of Appeals for the Ninth Circuit, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2018

Mr. Issa (for himself and Mr. Goodlatte) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to modify the structure of the 
    Court of Appeals for the Ninth 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. SHORT TITLE.

    This Act may be cited as the ``Court Imbalance Restructure 
Concerning Updates to Impacted Tribunals Act of 2018'' or the ``CIRCUIT 
Act of 2018''.

SEC. 2. DIVISIONS OF THE COURT OF APPEALS FOR THE NINTH CIRCUIT.

    (a) Establishment of Divisions.--
            (1) In general.--Chapter 3 of title 28, United States Code, 
        is amended by adding at the end the following:
``Sec. 50. Divisions of the Court of Appeals for the Ninth Circuit
    ``(a) In General.--The Court of Appeals for the Ninth Circuit is 
divided into four divisions to be known as the Northern, Middle, 
Southern, and Circuit Divisions as follows:
            ``(1) Northern division.--The Northern Division comprises 
        the judicial districts of Alaska, Idaho, Montana, Oregon, 
        Eastern Washington, and Western Washington.
            ``(2) Middle division.--The Middle Division comprises the 
        judicial districts of Eastern California, Northern California, 
        Guam, Hawaii, Nevada, and the Northern Mariana Islands.
            ``(3) Southern division.--The Southern Division comprises 
        the judicial districts of Arizona, Central California, and 
        Southern California.
            ``(4) Circuit division.--The Circuit Division comprises all 
        judicial districts within the Court of Appeals for the Ninth 
        Circuit.
    ``(b) Circuits in Which Decisions Reviewable.--
            ``(1) In general.--Except as provided in sections 1292(c), 
        1292(d), and 1295, appeals from reviewable decisions of the 
        district and territorial courts embraced in the Ninth Circuit 
        shall be taken to the division of the court of appeals for the 
        division embracing the district.
            ``(2) Circuit division.--The following appeals shall be 
        taken to the Circuit Division:
                    ``(A) Appeals of final agency actions.
                    ``(B) Appeals from the United States Tax Court.
                    ``(C) Appeals from another division of the court in 
                the case that 2 or more divisions have made final 
                decisions on a matter of law that conflict.
                    ``(D) Appeals from another division in the case 
                that such division has denied an application for a 
                rehearing en banc with respect to the matter appealed.
    ``(c) Assignment of Judges.--The judges appointed to the Court of 
Appeals for the Ninth Circuit shall serve among the divisions as 
follows:
            ``(1) Except for the Circuit Division, eleven judges shall 
        serve on each division.
            ``(2) The Circuit Division shall be composed of the chief 
        judge, and 4 judges randomly selected from each other division. 
        Except with regard to the chief judge, and initial assignments 
        to the Circuit Division, each judge serving on the Circuit 
        Division shall serve for non-renewable 3-year term. With regard 
        to initial appointments, of the judges assigned to serve on the 
        Circuit Division, 4 judges shall be assigned for 1 year, 4 
        judges shall be assigned for 2 years, and 4 judges shall be 
        assigned for 3 years, which assignments shall be made on a 
        random basis.
            ``(3) In the case that a judge serving on the Circuit 
        Division is recused, another judge serving on the division of 
        that judge's regional division may serve in the place of the 
        judge who is recused.
            ``(4) Section 45 shall apply with respect to--
                    ``(A) the designation of the chief judge of the 
                circuit; and
                    ``(B) the designation of the presiding judge in 
                each division, as though the division were a court of 
                appeals.
    ``(d) Panels; Hearings; Quorum.--Section 46 shall apply to each 
division as though the division were a court of appeals. Section 6 of 
Public Law 95-486 (28 U.S.C. 41 note) shall not apply to the divisions 
established under this section.
    ``(e) Clerks and Employees.--Section 711 shall apply to each 
division as though the division were a court of appeals.
    ``(f) Precedent.--Except with respect to a decision of a Circuit 
Division described in subsection (b)(2)(C), the decision of one 
division is not binding on other divisions.''.
            (2) Clerical amendment.--The table of sections for chapter 
        3 of title 28, United States Code, is amended by inserting 
        after the item related to section 49 the following:

``50. Divisions of the Court of Appeals for the Ninth Circuit.''.
    (b) Conforming Amendments.--Section 1294 of title 28, United States 
Code, is amended--
            (1) by inserting after ``sections'' the following ``50''; 
        and
            (2) by striking paragraph (4).
    (c) Reports.--
            (1) Federal judicial center report.--Not later than 8 years 
        after the date of the enactment of this Act, the Federal 
        Judicial Center shall conduct a study on the effectiveness and 
        the efficiency of the divisions of the Court of Appeals for the 
        Ninth Circuit and submit to the Judicial Conference of the 
        United States a report which includes the results of the study, 
        and information related to the activities of the divisions.
            (2) Judicial conference of the united states 
        recommendations.--Not later than one year after receiving the 
        report under paragraph (1), the Judicial Conference of the 
        United States shall submit to Congress recommendations related 
        to the divisional structure of the Court of Appeals for the 
        Ninth Circuit, including whether such structure should be 
        continued with or without modification.

SEC. 3. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate, 5 additional circuit judges for the 
ninth circuit court of appeals.
    (b) Tables.--ln order that the table contained in section 44 of 
title 28, United States Code, will, with respect to each judicial 
circuit, reflect the changes in the total number of permanent circuit 
judgeships authorized as a result of subsection (a) of this section, 
such table is amended to read as follows:

 
                                                              Number of
                         ``Circuits                             Judges
 
District of Columbia.......................................           11
First......................................................            6
Second.....................................................           13
Third......................................................           14
Fourth.....................................................           15
Fifth......................................................           17
Sixth......................................................           16
Seventh....................................................           11
Eighth.....................................................           11
Ninth......................................................           34
Tenth......................................................           12
Eleventh...................................................           12
Federal....................................................        12''.
 

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