[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2970 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2970

 To amend title 28, United States Code, to provide for the appointment 
  of additional Federal circuit judges, to divide the Ninth Judicial 
Circuit of the United States into two judicial circuits, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2021

Mr. Crapo (for himself, Mr. Risch, Mr. Sullivan, Ms. Murkowski, and Mr. 
    Daines) 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 provide for the appointment 
  of additional Federal circuit judges, to divide the Ninth Judicial 
Circuit of the United States into two judicial 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 Reorganization Act of 
2021''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) 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) the term ``new Ninth Circuit'' means the ninth judicial 
        circuit of the United States established by the amendment made 
        by section 3(2)(A); and
            (3) the term ``Twelfth Circuit'' means the twelfth judicial 
        circuit of the United States established by the amendment made 
        by section 3(2)(B).

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, Guam, Hawaii.'';
 

                and
                    (B) by inserting after the item relating to the 
                Eleventh Circuit the following:


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

SEC. 4. JUDGESHIPS.

    (a) New Judgeships.--
            (1) For former ninth circuit.--The President shall appoint, 
        by and with the advice and consent of the Senate--
                    (A) 4 additional circuit court judges for the 
                former Ninth Circuit, whose official duty station shall 
                be in California, Guam, or Hawaii; and
                    (B) 1 additional circuit court judge for the former 
                Ninth Circuit, whose official duty station shall be in 
                Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or 
                Washington.
    (b) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 5. 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....................................................        21'';
 

        and
            (2) by inserting after the item relating to the Eleventh 
        Circuit the following:


``Twelfth..................................................        13''.
 

SEC. 6. PLACES OF CIRCUIT COURT.

    The table contained in section 48(a) of title 28, United States 
Code, is amended--
            (1) by striking the item relating to the Ninth Circuit and 
        inserting the following:


``Ninth..................................  Honolulu, San Francisco,
                                            Pasadena.'';
 

        and
            (2) by inserting after the item relating to the Eleventh 
        Circuit the following:


``Twelfth................................  Phoenix, Seattle,
                                            Portland.''.
 

SEC. 7. 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, Guam, or Hawaii shall be a circuit 
        judge of the new Ninth Circuit as of such effective date; and
            (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, 
        or Washington shall be a circuit judge of the Twelfth Circuit 
        as of such effective date.

SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

    Each judge who is a senior circuit judge of the former Ninth 
Circuit on the day before the effective date of this Act may elect to 
be assigned to the new Ninth Circuit or to 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. 9. SENIORITY OF JUDGES.

    The seniority of each judge--
            (1) who is assigned under section 7; or
            (2) who elects to be assigned under section 8,
shall run from the date of commission of such judge as a judge of the 
former Ninth 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) 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 at the time 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) A petition for rehearing or a petition for rehearing en 
        banc in a matter decided before the effective date of this Act, 
        or submitted before the effective date of this Act and decided 
        on or after such effective date as provided in paragraph (1), 
        shall be treated in the same manner and with the same effect as 
        though this Act had not been enacted. If a petition for 
        rehearing en banc is granted, the matter shall be reheard by a 
        court comprised as though this Act had not been enacted.

SEC. 11. ADMINISTRATION.

    The United States 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. Such court shall cease to exist for 
administrative purposes upon the expiration of the 2-year period 
beginning on the effective date of this Act.

SEC. 12. EFFECTIVE DATE.

    Except as provided in section 4(b), this Act and the amendments 
made by this Act shall take effect on the date that is 1 year after the 
date of enactment of this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act, including funds for additional court 
facilities.
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