[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 276 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 276

  To amend title 28, United States Code, to divide the ninth judicial 
 circuit of the United States into 2 circuits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2017

 Mr. Flake (for himself and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 28, United States Code, to divide the ninth judicial 
 circuit of the United States into 2 circuits, 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 ``Judicial Administration and 
Improvement Act of 2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Former ninth circuit.--The term ``former ninth 
        circuit'' means the ninth judicial circuit of the United States 
        as in existence on the day before the effective date of this 
        Act.
            (2) New ninth circuit.--The term ``new ninth circuit'' 
        means the ninth judicial circuit of the United States 
        established by the amendment made by section 3.
            (3) Twelfth circuit.--The term ``twelfth circuit'' means 
        the twelfth judicial circuit of the United States established 
        by the amendment made by section 3.

SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.

    Section 41 of title 28, United States Code, is amended--
            (1) in the matter preceding the table, by striking 
        ``thirteen'' and inserting ``fourteen''; and
            (2) in the table--
                    (A) by striking the item relating to the ninth 
                circuit and inserting the following:

    ``Ninth........................
                                        California, Hawaii, Oregon, 
                                                Guam, Northern Mariana 
                                                Islands.'';
            and
                    (B) by inserting after the item relating to the 
                eleventh circuit the following:

    ``Twelfth......................
                                        Alaska, Arizona, Idaho, 
                                                Montana, Nevada, 
                                                Washington.''.

SEC. 4. NUMBER OF CIRCUIT JUDGES.

    The table contained in section 44(a) of title 28, United States 
Code, is amended--
            (1) by striking the item relating to the ninth circuit and 
        inserting the following:

``Ninth ....................................................      19'';
    and
            (2) by inserting after the item relating to the eleventh 
        circuit the following:

``Twelfth ..................................................      10''.

SEC. 5. PLACES OF CIRCUIT COURT.

    The table contained in section 48(a) of title 28, United States 
Code, is amended by inserting after the item relating to the eleventh 
circuit the following:

    ``Twelfth......................
                                         Phoenix, Anchorage, Missoula, 
                                                Seattle.''.

SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES.

    (a) In General.--Each circuit judge of the former ninth circuit who 
is in regular active service and whose official duty station on the day 
before the effective date of this Act--
            (1) is in California, Oregon, Guam, Hawaii, or the Northern 
        Mariana Islands shall be a circuit judge of the new ninth 
        circuit as of such effective date; and
            (2) subject to subsection (b), is in Alaska, Arizona, 
        Idaho, Montana, Nevada, or Washington shall be a circuit judge 
        of the twelfth circuit as of such effective date.
    (b) Election by Certain Circuit Judges.--A circuit judge in regular 
active service as described in subsection (a)(2) may elect to be 
permanently assigned to the new ninth circuit as of such effective date 
by notifying the Director of the Administrative Office of the United 
States Courts of such election.
    (c) Vacancies.--For each individual serving in the position of 
circuit judge of the former ninth circuit whose official duty station 
on the day before the effective date of this Act is in Alaska, Arizona, 
Idaho, Montana, Nevada, or Washington after the date on which such 
individual ceases to serve as an active circuit judge, the President 
shall appoint, by and with the advice and consent of the Senate, 1 
additional circuit judge for the twelfth circuit, without regard to 
whether such individual makes an election described in subsection (b).

SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

    Each judge who is a senior circuit judge of the former ninth 
circuit, whose official duty station on the day before the effective 
date of this Act is in Alaska, Arizona, Idaho, Montana, Nevada, or 
Washington may elect to be assigned to the new ninth circuit or the 
twelfth circuit as of such effective date and shall notify the Director 
of the Administrative Office of the United States Courts of such 
election.

SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS.

    (a) In General.--For each circuit judge in regular active service 
who elects to be assigned to the new ninth circuit under section 6(b), 
the President shall appoint, by and with the advice and consent of the 
Senate, 1 additional circuit judge for the twelfth circuit, resident in 
the duty station of the circuit judge making the election as of the day 
before the effective date of this Act.
    (b) Vacancies.--For each appointment made under subsection (a) for 
the twelfth circuit, an equal number of corresponding vacancies in the 
position of circuit judge for the twelfth circuit shall not be filled.

SEC. 9. SENIORITY OF JUDGES.

    (a) In General.--The seniority of each judge--
            (1) who elects to be assigned to the twelfth circuit under 
        section 6(a)(2);
            (2) who elects to be assigned to the new ninth circuit 
        under section 6(b);
            (3) who elects to be assigned to the twelfth circuit under 
        section 7; or
            (4) who is assigned to the new ninth circuit under section 
        6(a)(1),
shall run from the date of commission of such judge as a judge of the 
former ninth circuit.
    (b) Temporary Twelfth Circuit Judges.--The seniority of each judge 
appointed under section 8(a) shall run from the date of commission of 
such judge as a judge of the twelfth circuit.

SEC. 10. APPLICATION TO CASES.

    The following apply to any case in which, on the day before the 
effective date of this Act, an appeal or other proceeding has been 
filed with the former ninth circuit:
            (1) Except as provided in paragraph (3), if the matter has 
        been submitted for decision, further proceedings with respect 
        to the matter shall be had in the same manner and with the same 
        effect as if this Act had not been enacted.
            (2) If the matter has not been submitted for decision, the 
        appeal or proceeding, together with the original papers, 
        printed records, and record entries duly certified, shall, by 
        appropriate orders, be transferred to the court to which the 
        matter would have been submitted had this Act been in full 
        force and effect on the date on which such appeal was taken or 
        other proceeding commenced, and further proceedings with 
        respect to the case shall be had in the same manner and with 
        the same effect as if the appeal or other proceeding had been 
        filed in such court.
            (3) If a petition for rehearing en banc is pending on or 
        after the effective date of this Act, the petition shall be 
        considered by the court of appeals to which the petition would 
        have been submitted had this Act been in full force and effect 
        on the date on which the appeal or other proceeding was filed 
        with the court of appeals.

SEC. 11. PRECEDENT.

    Precedent from the former ninth circuit shall not be binding on the 
twelfth circuit. Precedent from any circuit, including the former and 
new ninth circuits, shall be persuasive authority only.

SEC. 12. ADMINISTRATION.

    (a) In General.--The court of appeals for the ninth circuit as 
constituted on the day before the effective date of this Act may take 
such administrative action as may be required to carry out this Act and 
the amendments made by this Act.
    (b) Administrative Termination.--The court described in subsection 
(a) shall cease to exist for administrative purposes at the end of the 
second calendar year following the effective date of this Act.

SEC. 13. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect at 
the beginning of the next calendar year after the date of enactment of 
this Act.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act and the amendments made by this Act, 
including such sums as may be necessary to provide appropriate space 
and facilities for any judicial positions created by this Act or an 
amendment made by this Act.
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