H.R. 3125House109th Congress (2005-2007)In Committee

Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2005

Introduced June 29, 2005

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

August 23, 2005

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HouseIntro Referral

Introduced in House

June 29, 2005

HouseIntro Referral

Referred to the House Committee on the Judiciary.

June 29, 2005

HouseCommittee

Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

August 23, 2005

Floor Debate

23 members

What members said about H.R. 3125 on the floor

16 Republicans7 Democrats
Darlene Hooley
Rep. Darlene HooleyD-OR-5 · Jul 11, 2006

Mr. Speaker, I yield myself as much time as I may consume. Mr. Speaker, I rise in support of H.R. 4411, the Internet Gambling Prohibition Act. I would like to thank Mr. Leach and Mr. Goodlatte for…

Spencer Bachus
Rep. Spencer BachusR-AL-6 · Jul 11, 2006

Mr. Speaker, I thank the chairman, and I would like to respond to the gentleman from Texas and the gentleman from Massachusetts and tell you why we need this bill and we need it desperately. We have…

Shelley Berkley
Rep. Shelley BerkleyD-NV-1 · Jul 11, 2006

Mr. Speaker, I would like to thank Mr. Conyers for his extraordinary efforts on this legislation. Mr. Speaker, I rise in strong opposition to this legislation. Despite the misinformed and misguided…

F. James Sensenbrenner, Jr.
Rep. F. James Sensenbrenner, Jr.R-WI-5 · Jul 11, 2006

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 4411, the Internet Gambling Prohibition and Enforcement Act. The version we consider today merges…

James A. Leach
Rep. James A. LeachR-IA-2 · Jul 11, 2006

Mr. Speaker, I yield myself 3\1/4\ minutes. Mr. Speaker, for nearly a decade, many in the Congress have sought to deter Internet gambling. But time and again the issue has been stymied, often in ways…

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Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Jul 11, 2006

Mr. Speaker, first, I want to thank Chairman Sensenbrenner for his long support of our efforts on this legislation. He is now in his sixth year as chairman of the Judiciary Committee, and this…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Jul 11, 2006

Mr. Speaker, I yield myself 4 minutes. I just want to tell my friend, the gentleman from Virginia (Mr. Wolf), that if he thinks we have fixed the Abramoff problem of this House by passing this…

Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Jul 11, 2006

Mr. Speaker, I thank the gentleman for yielding. I want to begin by thanking Mr. Leach and Mr. Goodlatte for staying in there when the outside lobbyists were trying to control this institution. And…

Barney Frank
Rep. Barney FrankD-MA-4 · Jul 11, 2006

Mr. Speaker, I strongly disagree with the gentleman from Iowa with whom I often agree. I don't disagree with him entirely. I will stipulate that there is nothing in the Bagavagida about gambling. But…

Ron Paul
Rep. Ron PaulR-TX-14 · Jul 11, 2006

Mr. Speaker, I rise in opposition to this legislation. It is not easy to oppose this legislation because it is assumed that proponents of the bill are on the side of the moral high ground. But there…

Rick Boucher
Rep. Rick BoucherD-VA-9 · Jul 11, 2006

Mr. Speaker, I thank the gentleman from Wisconsin for yielding this time and commend him for his work on this measure. Mr. Speaker, it has been my pleasure to work with our Virginia colleague, Mr.…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jul 11, 2006

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I oppose the bill because it does not prohibit Internet gambling; it only tries to prohibit running an Internet gambling operation. But…

Charles W. Dent
Rep. Charles W. DentR-PA-15 · Jul 11, 2006

Mr. Speaker, I rise today in very strong support of H.R. 4411, the Internet Gambling Prohibition and Enforcement Act, for a variety of reasons, not the least of which is that Lehigh University was…

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Michael G. Oxley
Rep. Michael G. OxleyR-OH-4 · Jul 11, 2006

Mr. Speaker, pursuant to House Resolution 907, I call up the bill (H.R. 4411) to prevent the use of certain payment instruments, credit cards, and fund transfers for unlawful Internet gambling, and…

John E. Sweeney
Rep. John E. SweeneyR-NY-20 · Jul 11, 2006

Mr. Speaker, I rise to day in opposition of the Berkley amendment. This amendment would outlaw all gambling online throughout the United States. This is unnecessary and would hurt the domestic…

Martin T. Meehan
Rep. Martin T. MeehanD-MA-5 · Jul 11, 2006

Mr. Speaker, I rise in support of this important bill to stop Internet gambling. Mr. Speaker, I do not have a problem with gambling; but the fact is that the Internet has grown, and gambling on the…

Joseph R. Pitts
Rep. Joseph R. PittsR-PA-16 · Jul 11, 2006

Mr. Speaker, I thank the gentleman for yielding, and I want to thank my colleagues, Mr. Goodlatte, Mr. Leach, Mr. Sensenbrenner, for their hard work and leadership on this issue. Mr. Speaker, it is…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Jul 11, 2006

Mr. Speaker, I supported H.R. 2143, the Unlawful Internet Gambling Funding Prohibition Act, which passed the House by an overwhelming 319-104 vote in 2003. I also voted in favor of H.R. 3125, the…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Jul 11, 2006

Mr. Speaker, I support this legislation. It protects families and upholds the rule of law. Any gambling not currently regulated by the states is illegal in this country. To avoid such regulation,…

John B. Shadegg
Rep. John B. ShadeggR-AZ-3 · Jul 11, 2006

Mr. Speaker, I thank the gentleman for yielding, and I compliment him on this bill. I also compliment the gentleman from Virginia (Mr. Goodlatte) and Chairman Oxley and Chairman Sensenbrenner and my…

Robert B. Aderholt
Rep. Robert B. AderholtR-AL-4 · Jul 11, 2006

Mr. Speaker, I rise today in support of H.R. 4411, which is the Internet Gambling Prohibition and Enforcement Act. Gambling in any form, especially Internet gambling, is especially dangerous to…

Jon C. Porter
Rep. Jon C. PorterR-NV-3 · Jul 11, 2006

Mr. Speaker, I thank my colleague from Michigan. In all fairness to my friends and colleagues on this side of the aisle, I respectfully disagree with the concept. Whether you are for or against…

Christopher Shays
Rep. Christopher ShaysR-CT-4 · Jul 11, 2006

Mr. Speaker, I rise in strong support of H.R. 4411, of which I am a cosponsor. This legislation would prohibit banks and credit card companies from processing payments for online bets. I believe…

Bill Text

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Introduced in HouseIssued June 29, 2005

I

109th CONGRESS

1st Session

H. R. 3125

IN THE HOUSE OF REPRESENTATIVES

June 29, 2005

Mr. Simpson introduced the following bill; which was 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 circuits, and for other purposes.

1.

Short title

This Act may be cited as the Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2005.

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).

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:

NinthCalifornia, Guam, Hawaii, Northern Mariana Islands.

; and

(B)

by inserting after the item relating to the eleventh circuit the following:

TwelfthAlaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.

.

4.

Judgeships

(a)

New judgeships

(1)

For former Ninth Circuit

The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit, whose official duty stations shall be in Arizona, California, or Nevada.

(2)

For new Ninth Circuit

The President shall appoint, by and with the advice and consent of the Senate, 3 additional circuit judges for the new ninth circuit. The judges authorized by this paragraph shall not be appointed before January 21, 2006.

(b)

Temporary judgeships

(1)

Appointment of judges

The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit, whose official duty stations shall be in Arizona, California, or Nevada.

(2)

Effect of vacancies

The first 2 vacancies occurring on the new ninth circuit 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled.

(c)

Effective date

This section shall take effect on the date of the enactment of this Act.

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:

Ninth24

; and

(2)

by inserting after the item relating to the eleventh circuit the following:

Twelfth9

.

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:

NinthHonolulu, San Francisco, Pasadena.

; and

(2)

by inserting after the item relating to the eleventh circuit the following:

TwelfthPhoenix, Seattle.

.

7.

Assignment of circuit judges

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, Hawaii, or the Northern Mariana Islands 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.

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.

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.
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.

11.

Temporary assignment of circuit judges between circuits

Section 291 of title 28, United States Code, is amended by adding at the end the following new subsections:

(c)

The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit.

(d)

The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit.

.

12.

Temporary assignment of district judges between circuits

Section 292 of title 28, United States Code, is amended by adding at the end the following new subsections:

(f)

The chief judge of the Ninth Circuit may in the public interest—

(1)

upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit or a division thereof whenever the business of that court so requires; and

(2)

designate and assign temporarily any district judge of the Ninth Circuit to hold a district court in any district within the Twelfth Circuit.

(g)

The chief judge of the Twelfth Circuit may in the public interest—

(1)

upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit or a division thereof whenever the business of that court so requires; and

(2)

designate and assign temporarily any district judge of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit.

(h)

Any designations or assignments under subsection (f)(1) or (g)(1) shall be in conformity with the rules or orders of the court of appeals of the circuit to which the judge is designated or assigned.

.

13.

Administrative coordination

Section 332 of title 28, United States Code, is amended by adding at the end the following new subsection:

(i)

Any 2 contiguous circuits may jointly carry out such administrative functions and activities as the judicial councils of the 2 circuits determine may benefit from coordination or consolidation.

.

14.

Administration

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. Such court shall cease to exist for administrative purposes 2 years after the effective date of this Act.

15.

Effective date

Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect on the first day of the first fiscal year that begins at least 9 months after 5 of the judges authorized to be appointed under section 4 have been confirmed by the United States Senate.

16.

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.