S. 1845Senate109th Congress (2005-2007)In Committee

Circuit Court of Appeals Restructuring and Modernization Act of 2005

Introduced October 6, 2005

Legislative Activity

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3 earlier actions
SenateCommittee Latest Action

Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-1035.

September 20, 2006

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SenateIntro Referral

Introduced in Senate

October 6, 2005

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR 10/7/2005 S11231-11232)

October 6, 2005

SenateCommittee

Committee on the Judiciary Subcommittee on Administrative Oversight and the Courts. Hearings held. With printed Hearing: S.Hrg. 109-190.

October 26, 2005

SenateCommittee

Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-1035.

September 20, 2006

Floor Debate

18 members

What members said about S. 1845 on the floor

12 Republicans5 Democrats1 Independent
Jim DeMint
Sen. Jim DeMintR-SC · Jul 27, 2006

Mr. President, I ask unanimous consent that the Subcommittee on Forestry, Conservation, and Rural Revitalization of the Committee on Agriculture, Nutrition and Forestry be authorized to conduct a…

James M. Jeffords
Sen. James M. JeffordsI-VT · Oct 6, 2005

Mr. President, over the past several weeks, in the wake of two hurricanes, we have felt the heartbreak of Americans forced from their homes with no return in sight. Safe and affordable housing is not…

John Warner
Sen. John WarnerR-VA · Jun 22, 2006

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 22, 2006, at 3:30 p.m., to conduct a…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Oct 6, 2005

Mr. President, today I join my colleague and the chairman of the Committee on Energy and Natural Resources, Senator Domenici, in introducing three bills, by request, to make necessary changes to law…

John Thune
Sen. John ThuneR-SD · Sep 21, 2006

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, September 21, 2006, at 10 a.m. to…

Show 8 more
Judd Gregg
Sen. Judd GreggR-NH · Jul 13, 2006

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on July 13, 2006, at 10 a.m. in open session to receive testimony on…

Pat Roberts
Sen. Pat RobertsR-KS · Oct 6, 2005

Mr. President, I am pleased to be introducing the Influenza Vaccine Security Act with Senator Clinton today because I believe this legislation is critical to strengthening our public health…

Herb Kohl
Sen. Herb KohlD-WI · Oct 6, 2005

Mr. President, I rise today to discuss an issue that will greatly affect our Nation's aging population, workforce, and economy: the need to expand opportunities for older Americans to continue…

John McCain
Sen. John McCainR-AZ · Jun 29, 2006

Mr. President, I ask unanimous consent that the committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 29, 2006, immediately following the…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jul 20, 2006

Mr. President, I ask unanimous consent that the committee on agriculture, nutrition and forestry be authorized to conduct a hearing during the session of the Senate on Thursday, July 20, 2006 at 10…

William H. Frist
Sen. William H. FristR-TN · Sep 14, 2006

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on September 14, 2006, at 10:30 a.m., in closed session to mark up…

Ken Salazar
Sen. Ken SalazarD-CO · Oct 6, 2005

Mr. President, I rise to make a statement regarding an important bill I am introducing today. It is a bill that is meant to provide a straightforward and commonsense fix to a nettlesome problem that…

John Thune
Sen. John ThuneR-SD · Oct 6, 2005

Mr. President, the rising cost of prescription drugs has squeezed not only the budgets of American consumers but also the budgets of America's health care providers. The rural hospitals in my State…

Show 8 more
Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Oct 6, 2005

Mr. President, today I join my colleague, the Ranking member of the Committee on Energy and Natural Resources, Senator Bingaman, in introducing three bills, by request, to make necessary changes to…

Bill Nelson
Sen. Bill NelsonD-FL · Oct 6, 2005

Mr. President, I am pleased to be joined by my colleagues and cosponsors Senators Stabenow and Harkin as we introduce the Medicare Informed Choice Act of 2005. This bill provides additional essential…

James M. Inhofe
Sen. James M. InhofeR-OK · Oct 6, 2005

Mr. President, today I proudly rise to introduce the ``Fort Reno Mineral Leasing Act''. Fort Reno was established as a frontier cavalry post in 1874, and it played a key role in the settlement of the…

Jack Reed
Sen. Jack ReedD-RI · Oct 6, 2005

Mr. President, today I introduce the Rhode Island Fishermen's Fairness Act of 2005. This legislation would address a serious flaw in our Nation's regional fisheries management system by adding Rhode…

Jim DeMint
Sen. Jim DeMintR-SC · Oct 6, 2005

Mr. President, I rise today to offer a bill that would require hospitals to disclose their charges for the most common procedures and drugs. This bill recognizes that consumers seeking routine…

George V. Voinovich
Sen. George V. VoinovichR-OH · Oct 6, 2005

Mr. President, today I rise to introduce the ``Federal and District of Columbia Government Real Property Act of 2005,'' a bill to authorize the exchange of certain land parcels between the Federal…

John Ensign
Sen. John EnsignR-NV · Oct 6, 2005

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

John Ensign
Sen. John EnsignR-NV · Oct 6, 2005

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Latest
Introduced in SenateIssued October 6, 2005
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1845 Introduced in Senate (IS)]

109th CONGRESS
1st Session
S. 1845

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 2 circuits, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

October 6, 2005

Mr. Ensign (for himself, Ms. Murkowski, Mr. Burns, Mr. Craig, Mr.
Crapo, Mr. Inhofe, Mr. Kyl, Mr. Smith, and Mr. Stevens) 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 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 ``The Circuit Court of Appeals
Restructuring and Modernization Act of 2005''.

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(2)(A).
(3) Twelfth circuit.--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,
Northern Mariana
Islands.'';
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.--The President shall appoint, by and with the
advice and consent of the Senate, 5 additional circuit judges for the
new ninth circuit court of appeals, whose official duty station shall
be in California.
(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 court of appeals,
whose official duty stations shall be in California.
(2) Effect of vacancies.--The first 2 vacancies occurring
on the new ninth circuit court of appeals 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.

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.....................................................      20'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:

``Twelfth...................................................      14''.

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, Pasadena, San
Francisco.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:

``Twelfth......................
Las Vegas, Missoula, Phoenix,
Portland, Seattle.''.

SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS.

The offices of the Circuit Executive of the Twelfth Circuit and the
Clerk of the Court of the Twelfth Circuit shall be located in Phoenix,
Arizona.

SEC. 8. 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.

SEC. 9. 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 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. 10. SENIORITY OF JUDGES.

The seniority of each judge--
(1) who is assigned under section 8, or
(2) who elects to be assigned under section 9,
shall run from the date of commission of such judge as a judge of the
former ninth circuit.

SEC. 11. 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 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) 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 it would have been
submitted had this Act been in full force and effect at the
time that the appeal or other proceeding was filed with the
court of appeals.

SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES AMONG CIRCUITS.

Section 291 of title 28, United States Code, is amended by adding
at the end the following:
``(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.''.

SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES AMONG CIRCUITS.

Section 292 of title 28, United States Code, is amended by adding
at the end the following:
``(f) The chief judge of the United States Court of Appeals for the
Ninth Circuit may in the public interest--
``(1) upon request by the chief judge of the Twelfth
Circuit, designate and assign 1 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
within the Ninth Circuit to hold a district court in any
district within the Twelfth Circuit.
``(g) The chief judge of the United States Court of Appeals for the
Twelfth Circuit may in the public interest--
``(1) upon request by the chief judge of the Ninth Circuit,
designate and assign 1 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
within the Twelfth Circuit to hold a district court in any
district within the Ninth Circuit.
``(h) Any designations or assignments under subsection (f) or (g)
shall be in conformity with the rules or orders of the court of appeals
of, or the district within, as applicable, the circuit to which the
judge is designated or assigned.''.

SEC. 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 date of enactment of this Act.

SEC. 15. 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.

SEC. 16. EFFECTIVE DATE.

Except as provided in section 4(c), this Act and the amendments
made by this Act shall take effect 12 months after the date of
enactment of this Act.
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