Us Congress 2025-2026 Regular Session

Us Congress House Bill HB101 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 101
5	5	To amend title 28, United States Code, to divide the ninth judicial circuit
6	6	of the United States into 2 circuits, and for other purposes.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	JANUARY3, 2025
9	9	Mr. B
10	10	IGGSof Arizona introduced the following bill; which was referred to the
11	11	Committee on the Judiciary
12	12	A BILL
13	13	To amend title 28, United States Code, to divide the ninth
14	14	judicial circuit of the United States into 2 circuits, and
15	15	for other purposes.
16	16	Be it enacted by the Senate and House of Representa-1
17	17	tives of the United States of America in Congress assembled, 2
18	18	SECTION 1. SHORT TITLE. 3
19	19	This Act may be cited as the ‘‘Judicial Administra-4
20	20	tion and Improvement Act of 2025’’. 5
21	21	SEC. 2. DEFINITIONS. 6
22	22	In this Act: 7
23	23	(1) F
24	24	ORMER NINTH CIRCUIT .—The term 8
25	25	‘‘former ninth circuit’’ means the ninth judicial cir-9
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28	28	•HR 101 IH
29	29	cuit of the United States as in existence on the day 1
30	30	before the effective date of this Act. 2
31	31	(2) N
32	32	EW NINTH CIRCUIT .—The term ‘‘new 3
33	33	ninth circuit’’ means the ninth judicial circuit of the 4
34	34	United States established by the amendment made 5
35	35	by section 3. 6
36	36	(3) T
37	37	WELFTH CIRCUIT.—The term ‘‘twelfth cir-7
38	38	cuit’’ means the twelfth judicial circuit of the United 8
39	39	States established by the amendment made by sec-9
40	40	tion 3. 10
41	41	SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. 11
42	42	Section 41 of title 28, United States Code, is amend-12
43	43	ed— 13
44	44	(1) in the matter preceding the table, by strik-14
45	45	ing ‘‘thirteen’’ and inserting ‘‘fourteen’’; and 15
46	46	(2) in the table— 16
47	47	(A) by striking the item relating to the 17
48	48	ninth circuit and inserting the following: 18
49	49	‘‘Ninth ........................................... California, Hawaii, Oregon, Wash-
50	50	ington, Guam, Northern Mariana
51	51	Islands.’’;
52	52	and 19
53	53	(B) by inserting after the item relating to 20
54	54	the eleventh circuit the following: 21
55	55	‘‘Twelfth ........................................ Alaska, Arizona, Idaho, Montana, Ne-
56	56	vada.’’.
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59	59	•HR 101 IH
60	60	SEC. 4. NUMBER OF CIRCUIT JUDGES. 1
61	61	The table contained in section 44(a) of title 28, 2
62	62	United States Code, is amended— 3
63	63	(1) by striking the item relating to the ninth 4
64	64	circuit and inserting the following: 5
65	65	‘‘Ninth ...................................................................................................... 21’’;
66	66	and 6
67	67	(2) by inserting after the item relating to the 7
68	68	eleventh circuit the following: 8
69	69	‘‘Twelfth ................................................................................................... 8’’.
70	70	SEC. 5. PLACES OF CIRCUIT COURT.
71	71	9
72	72	The table contained in section 48(a) of title 28, 10
73	73	United States Code, is amended by inserting after the 11
74	74	item relating to the eleventh circuit the following: 12
75	75	‘‘Twelfth ........................................ Las Vegas, Phoenix, Anchorage, Mis-
76	76	soula.’’.
77	77	SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES.
78	78	13
79	79	(a) I
80	80	NGENERAL.—Each circuit judge of the former 14
81	81	ninth circuit who is in regular active service and whose 15
82	82	official duty station on the day before the effective date 16
83	83	of this Act— 17
84	84	(1) is in California, Oregon, Washington, 18
85	85	Guam, Hawaii, or the Northern Mariana Islands 19
86	86	shall be a circuit judge of the new ninth circuit as 20
87	87	of such effective date; and 21
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90	90	•HR 101 IH
91	91	(2) subject to subsection (b), is in Alaska, Ari-1
92	92	zona, Idaho, Montana, or Nevada, shall be a circuit 2
93	93	judge of the twelfth circuit as of such effective date. 3
94	94	(b) E
95	95	LECTION BYCERTAINCIRCUITJUDGES.—A cir-4
96	96	cuit judge in regular active service as described in sub-5
97	97	section (a)(2) may elect to be permanently assigned to the 6
98	98	new ninth circuit as of such effective date by notifying 7
99	99	the Director of the Administrative Office of the United 8
100	100	States Courts of such election. 9
101	101	(c) V
102	102	ACANCIES.—For each individual serving in the 10
103	103	position of circuit judge of the former ninth circuit whose 11
104	104	official duty station on the day before the effective date 12
105	105	of this Act is in Alaska, Arizona, Idaho, Montana, or Ne-13
106	106	vada, after the date on which such individual ceases to 14
107	107	serve as a circuit judge, the President shall appoint, by 15
108	108	and with the advice and consent of the Senate, 1 addi-16
109	109	tional circuit judge for the twelfth circuit, without regard 17
110	110	to whether such individual makes an election described in 18
111	111	subsection (b). 19
112	112	SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 20
113	113	Each judge who is a senior circuit judge of the former 21
114	114	ninth circuit, whose official duty station on the day before 22
115	115	the effective date of this Act is in Alaska, Arizona, Idaho, 23
116	116	Montana, or Nevada, may elect to be assigned to the new 24
117	117	ninth circuit or the twelfth circuit as of such effective date 25
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120	120	•HR 101 IH
121	121	and shall notify the Director of the Administrative Office 1
122	122	of the United States Courts of such election. 2
123	123	SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. 3
124	124	(a) I
125	125	NGENERAL.—For each circuit judge in regular 4
126	126	active service who elects to be assigned to the new ninth 5
127	127	circuit under section 6(b), the President shall appoint, by 6
128	128	and with the advice and consent of the Senate, 1 addi-7
129	129	tional circuit judge for the twelfth circuit, resident in the 8
130	130	duty station of the circuit judge making the election as 9
131	131	of the day before the effective date of this Act. 10
132	132	(b) V
133	133	ACANCIES.—For each appointment made under 11
134	134	subsection (a) for the twelfth circuit, an equal number of 12
135	135	corresponding vacancies in the position of circuit judge for 13
136	136	the twelfth circuit shall not be filled. 14
137	137	SEC. 9. SENIORITY OF JUDGES. 15
138	138	(a) I
139	139	NGENERAL.—The seniority of each judge— 16
140	140	(1) who elects to be assigned to the twelfth cir-17
141	141	cuit under section 6(b); 18
142	142	(2) who elects to be assigned to the new ninth 19
143	143	circuit under section 6(b); or 20
144	144	(3) who elects to be assigned to the twelfth cir-21
145	145	cuit under section 7, 22
146	146	shall run from the date of commission of such judge as 23
147	147	a judge of the former ninth circuit. 24
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150	150	•HR 101 IH
151	151	(b) TEMPORARYTWELFTHCIRCUITJUDGES.—The 1
152	152	seniority of each judge appointed under section 8(a) shall 2
153	153	run from the date of commission of such judge as a judge 3
154	154	of the twelfth circuit. 4
155	155	SEC. 10. APPLICATION TO CASES. 5
156	156	The following apply to any case in which, on the day 6
157	157	before the effective date of this Act, an appeal or other 7
158	158	proceeding has been filed with the former ninth circuit: 8
159	159	(1) Except as provided in paragraph (3), if the 9
160	160	matter has been submitted for decision, further pro-10
161	161	ceedings with respect to the matter shall be had in 11
162	162	the same manner and with the same effect as if this 12
163	163	Act had not been enacted. 13
164	164	(2) If the matter has not been submitted for de-14
165	165	cision, the appeal or proceeding, together with the 15
166	166	original papers, printed records, and record entries 16
167	167	duly certified, shall, by appropriate orders, be trans-17
168	168	ferred to the court to which the matter would have 18
169	169	been submitted had this Act been in full force and 19
170	170	effect on the date on which such appeal was taken 20
171	171	or other proceeding commenced, and further pro-21
172	172	ceedings with respect to the case shall be had in the 22
173	173	same manner and with the same effect as if the ap-23
174	174	peal or other proceeding had been filed in such 24
175	175	court. 25
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178	178	•HR 101 IH
179	179	(3) If a petition for rehearing en banc is pend-1
180	180	ing on or after the effective date of this Act, the pe-2
181	181	tition shall be considered by the court of appeals to 3
182	182	which the petition would have been submitted had 4
183	183	this Act been in full force and effect on the date on 5
184	184	which the appeal or other proceeding was filed with 6
185	185	the court of appeals. 7
186	186	SEC. 11. ADMINISTRATION. 8
187	187	(a) I
188	188	NGENERAL.—The court of appeals for the ninth 9
189	189	circuit as constituted on the day before the effective date 10
190	190	of this Act may take such administrative action as may 11
191	191	be required to carry out this Act and the amendments 12
192	192	made by this Act. 13
193	193	(b) A
194	194	DMINISTRATIVETERMINATION.—The court de-14
195	195	scribed in subsection (a) shall cease to exist for adminis-15
196	196	trative purposes 2 years after the effective date of this 16
197	197	Act. 17
198	198	SEC. 12. EFFECTIVE DATE. 18
199	199	This Act and the amendments made by this Act shall 19
200	200	take effect 1 year after the date of enactment of this Act. 20
201	201	SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 21
202	202	There are authorized to be appropriated such sums 22
203	203	as may be necessary to carry out this Act and the amend-23
204	204	ments made by this Act, including such sums as may be 24
205	205	necessary to provide appropriate space and facilities for 25
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208	208	•HR 101 IH
209	209	any judicial positions created by this Act or an amendment 1
210	210	made by this Act. 2
211	211	Æ
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