`[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5229 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 5229

      To reorganize the Federal judiciary, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

   Mr. Wyden introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To reorganize the Federal judiciary, 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 Modernization and 
Transparency Act''.

SEC. 2. SUPREME COURT.

    (a) Number of Justices.--Section 1 of title 28, United States Code, 
is amended--
            (1) by striking ``eight'' and inserting ``14''; and
            (2) by striking ``six'' and inserting ``8''.
    (b) Appointments.--
            (1) In general.--If the number of justices of the Supreme 
        Court of the United States is fewer than 15, the President 
        shall appoint, by and with the advice and consent of the 
        Senate, 1 individual to be a justice of the Supreme Court of 
        the United States within the first 120 days of the first and 
        third years of a Presidential term.
            (2) Withdrawal or disapproval.--If the nomination of an 
        individual under this section is withdrawn or disapproved by 
        the Senate, the President shall appoint, by and with the advice 
        and consent of the Senate, 1 individual to be a justice of the 
        Supreme Court of the United States not later than 120 after the 
        date of such withdrawal or disapproval.
            (3) Exclusive manner of appointment.--Except as provided 
        under paragraph (4), the President shall not appoint an 
        individual to be a justice of the Supreme Court of the United 
        States except as provided under this subsection.
            (4) Vacancy.--If due to a permanent vacancy the total 
        number of justices of the Supreme Court of the United States is 
        fewer than 15, the President shall appoint, by and with the 
        advice and consent of the Senate, an individual to fill such 
        vacancy.
            (5) Effective date of appointment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term for justices appointed under this 
                subsection shall begin on July 1.
                    (B) Vacancy.--The term of an appointment under 
                paragraph (4) shall begin on the date on which the 
                appointment is made.
    (c) Failure To Confirm Nominee.--If a committee of the Senate fails 
to report the nomination of an individual nominated to serve as a 
justice of the Supreme Court of the United States during the 180-day 
period beginning on the date on which the nomination was referred to 
the committee, such nomination shall be automatically discharged from 
the committee and placed on the calendar.
    (d) Requirement To Invalidate Act of Congress.--
            (1) In general.--The Supreme Court of the United States may 
        invalidate an Act of Congress only with the concurrence of--
                    (A) at least \2/3\ of the voting justices; and
                    (B) at least a majority of the total number of 
                justices.
            (2) Expiration of lower court relief.--Any relief ordered 
        by a lower court in a case seeking to invalidate an Act of 
        Congress shall expire on the date on which the Supreme Court of 
        the United States issues an opinion in that case.
    (e) Consideration of Motions To Recuse.--Each justice of the 
Supreme Court of the United States shall consider a motion to recuse 
the justice from a particular case and shall make publicly available a 
written opinion of the justice supporting the decision on whether to 
recuse themselves from the case. Any justice may be recused from a case 
upon the affirmative vote of \2/3\ of the justices of the Supreme Court 
of the United States.
    (f) Disclosure of Votes.--Each justice of the Supreme Court of the 
United States shall publicly disclose how each justice voted for any 
case within the appellate jurisdiction of the Supreme Court.
    (g) Examination and Disclosure With Respect to Income Tax Returns 
of Justices of the Supreme Court.--
            (1) Audit.--Subchapter A of chapter 78 of the Internal 
        Revenue Code of 1986 is amended by redesignating section 7613 
        as section 7614 and by inserting after section 7612 the 
        following new section:

``SEC. 7613. EXAMINATION WITH RESPECT TO INCOME TAX RETURNS OF JUSTICES 
              OF THE SUPREME COURT.

    ``(a) In General.--As rapidly as practicable after the filing of 
any applicable income tax return, the Secretary shall conduct an 
examination to ascertain the correctness of such return and enforce the 
requirements of this title with respect to the taxable year covered by 
such return.
    ``(b) Reports.--
            ``(1) Initial report.--Not later than 90 days after the 
        filing of an applicable income tax return, the Secretary shall 
        disclose and make publicly available an initial report 
        regarding the examination with respect to such return. Such 
        report shall include--
                    ``(A) the name of the taxpayer,
                    ``(B) an identification of the subparagraph of 
                subsection (c)(1) which describes such return,
                    ``(C) the date that such return was filed, and
                    ``(D) the date on which the examination with 
                respect to such return commenced (or, if such 
                examination has not commenced as of the date of such 
                report, a detailed description of the reasons that such 
                examination has not commenced).
            ``(2) Periodic reports.--Not later than 180 days after the 
        disclosure of the report described in paragraph (1) with 
        respect to any applicable income tax return and not later than 
        180 days after the most recent disclosure of a report described 
        in this paragraph with respect to such return, the Secretary 
        shall disclose and make publicly available a periodic report 
        regarding the examination with respect to such return. Such 
        report shall include--
                    ``(A) the information described in subparagraphs 
                (A) through (D) of paragraph (1),
                    ``(B) a description of the status of the 
                examination, including a description of the portions of 
                the examination which have been completed, which are in 
                process, and which are anticipated to take place, and
                    ``(C) an estimate of the time frame for the 
                completion of the examination, including an 
                identification of factors which could alter such time 
                frame, reasonable estimates of the likelihood of such 
                factors (taking into account the specific facts and 
                circumstances of the examination), and the likely 
                specific effects of such factors on such time frame.
        Notwithstanding the preceding sentence, a periodic report shall 
        not be required under this paragraph with respect to any return 
        after the date on which a final report is disclosed under 
        paragraph (3) with respect to such return.
            ``(3) Final report.--Not later than 90 days after the 
        completion of the examination described in subsection (a) with 
        respect to any applicable income tax return, the Secretary 
        shall disclose and make publicly available a final report 
        regarding such examination. Such report shall include--
                    ``(A) the information described in subparagraphs 
                (A) through (C) of paragraph (1),
                    ``(B) the date on which the examination with 
                respect to such return was completed,
                    ``(C) a list of the audit materials (as defined in 
                section 6103(q)(2)) with respect to such examination, 
                and
                    ``(D) a description (including the amount) of each 
                proposed adjustment, adjustment, and controversy with 
                respect to such examination together with a description 
                of how such proposed adjustment or controversy was 
                resolved (or a statement that such proposed adjustment 
                or controversy was not resolved, as the case may be).
        For purposes of this paragraph, an examination shall be treated 
        as complete on the date that the Secretary provides the 
        taxpayer with a notice of deficiency, or any closing document 
        referred to in section 6103(q)(2)(A)(v), with respect to such 
        examination.
            ``(4) Extension of due date report.--If a request is made 
        for an extension of the due date for filing any applicable 
        income tax return, the Secretary shall, not later than 90 days 
        after such request is granted or denied, disclose and make 
        publicly available an extension of due date report with respect 
        to return. Such report shall include--
                    ``(A) the information described in subparagraphs 
                (A) and (B) of paragraph (1),
                    ``(B) a statement that an extension of the due date 
                for the filing of such return has been requested,
                    ``(C) the date that such request was received,
                    ``(D) a statement of whether such request has been 
                granted or denied, and
                    ``(E) the due date of such return (including any 
                extensions).
            ``(5) Treatment of failure to file.--In the case of a 
        failure to file any applicable income tax return before the 
        close of the 60-day period beginning with the date prescribed 
        for filing of such return--
                    ``(A) the Secretary shall conduct the examination 
                described in subsection (a) with respect to the taxable 
                year covered by the return to which such failure 
                relates,
                    ``(B) reports made pursuant to this paragraph shall 
                include a statement that such report is with respect to 
                a return which the taxpayer failed to file, and
                    ``(C) this section and section 6103(q) shall 
                otherwise apply to such failure in the same manner as 
                if a return were filed at the close of such period.
        The application of this paragraph with respect to any failure 
        to file any applicable income tax return shall not prevent the 
        application of this section with respect to such return at such 
        time as such return may be filed.
            ``(6) Public availability.--For purposes of this 
        subsection, a document shall not be treated as having been made 
        publicly available unless made available on the Internet.
    ``(c) Applicable Income Tax Return.--For purposes of this section--
            ``(1) In general.--The term `applicable income tax return' 
        means any relevant income tax return of--
                    ``(A) a justice of the Supreme Court,
                    ``(B) an individual who is married (within the 
                meaning of section 7703(a)) to an individual described 
                in subparagraph (A) for the taxable year to which such 
                return relates,
                    ``(C) any corporation or partnership which is 
                controlled by any individual described in subparagraph 
                (A) or (B) at any time during the taxable year to which 
                such return relates,
                    ``(D) the estate of any person described in (A) or 
                (B), or any estate with respect to which any person 
                described in subparagraph (A), (B), or (C) is an 
                executor or beneficiary at any time during the taxable 
                year to which such return relates, and
                    ``(E) any trust with respect to which any person 
                described in subparagraph (A), (B), (C), or (D) is a 
                grantor, fiduciary, or beneficiary, or for which 
                another trust described in this subparagraph is a 
                grantor or beneficiary, at any time during the taxable 
                year to which such return relates.
        Such term shall include any schedule, attachment, or other 
        document filed with such return.
            ``(2) Relevant income tax return.--The term `relevant 
        income tax return' means, with respect to any justice of the 
        Supreme Court, any income tax return if--
                    ``(A) any portion of the taxable year to which such 
                return relates is during the period that such 
                individual is a justice of the Supreme Court who is not 
                retired,
                    ``(B) the due date for such return (including any 
                extensions) is during such period, or
                    ``(C) such return is filed during such period, and
            ``(3) Control.--For purposes of paragraph (1)(C)--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, control shall be determined under the 
                rules of paragraphs (2) and (3) of section 6038(e) 
                (determined without regard to subparagraphs (A) and (B) 
                of such paragraph (2) and without regard to 
                subparagraph (C) of paragraph (3) thereof).
                    ``(B) Restriction on family attribution.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), for purposes of applying 
                        subparagraph (A)--
                                    ``(I) section 318 shall be applied 
                                without regard to subsection 
                                (a)(1)(A)(ii) thereof, and
                                    ``(II) section 267(c) shall be 
                                applied by treating the family of an 
                                individual as including only such 
                                individual's spouse (in lieu of the 
                                application of paragraph (4) thereof).
                            ``(ii) Exception for recent transfer to 
                        family members.--For purposes of determining 
                        whether any corporation or partnership is 
                        controlled by an individual under paragraph 
                        (1)(C) for any taxable year, clause (i) shall 
                        not apply if such corporation or partnership 
                        was controlled by such individual (after 
                        application of clause (i)) at any time during 
                        the 4 immediately preceding taxable years.
    ``(d) Application to Amended Returns.--For purposes of this section 
and section 6103(q), any amendment or supplement to a return of tax 
shall be treated as a separate return of tax and the determination of 
when such amendment or supplement is filed, and whether such amendment 
or supplement is a relevant income tax return, shall be made without 
regard to the underlying return.''.
            (2) Disclosure.--Section 6103 of such Code is amended by 
        redesignating subsection (q) as subsection (r) and by inserting 
        after subsection (p) the following new subsection:
    ``(q) Disclosure With Respect to Income Tax Returns of Justices of 
the Supreme Court.--
            ``(1) In general.--The Secretary shall disclose and make 
        publicly available (within the meaning of section 7613(b))--
                    ``(A) each applicable income tax return (as defined 
                in section 7613(c)),
                    ``(B) each report described in section 7613(b), and
                    ``(C) any audit materials with respect a return 
                described in subparagraph (A).
            ``(2) Audit materials.--The term `audit materials' means, 
        with respect to any return:
                    ``(A) Any of the following which are provided by 
                the Secretary to the taxpayer (or any designee of the 
                taxpayer):
                            ``(i) Any written communication which 
                        identifies such return as being subject to 
                        examination.
                            ``(ii) Any written communication which 
                        proposes the adjustment of any item on such 
                        return, any report by an examiner related to 
                        such proposed adjustment, and any supervisory 
                        approval of any penalty proposed as part of 
                        such adjustment.
                            ``(iii) Any memorandum or report of the 
                        Internal Revenue Service Independent Office of 
                        Appeals with respect to such return, and any 
                        denial of any request described in subparagraph 
                        (B).
                            ``(iv) Any notice of deficiency with 
                        respect to such return.
                            ``(v) Any closing documents with respect to 
                        the examination of such return, including any 
                        closing agreement or no change letter.
                    ``(B) Any request for referral to the Internal 
                Revenue Service Independent Office of Appeals of any 
                controversy with respect to such return.
                    ``(C) Any petition filed with the Tax Court for a 
                redetermination of any deficiency referred to in 
                subparagraph (A)(iv).
            ``(3) Exception for certain identity information.--The 
        information disclosed and made publicly available under 
        paragraph (1) shall not include any identification number of 
        any person (including any social security number), any 
        financial account number, the name of any individual who has 
        not attained age 18 (as of the close of the taxable year to 
        which the return relates), the name of any employee of the 
        Department of the Treasury, or any address (other than the city 
        and State in which such address is located).
            ``(4) Timing of disclosures.--Any information required to 
        be disclosed under paragraph (1) shall be disclosed and made 
        publicly available not later than--
                    ``(A) in the case of any income tax return referred 
                to in paragraph (1)(A), 90 days after the date that 
                such return is filed,
                    ``(B) in the case of any report referred to in 
                paragraph (1)(B), the deadline specified in section 
                7613(b) for disclosing such report, and
                    ``(C) in the case of the audit materials referred 
                to in paragraph (1)(C), 90 days after the completion of 
                the examination (within the meaning of section 
                7613(b)(3)) with respect to the return to which such 
                audit materials relate.''.
            (3) Clerical amendment.--Subchapter A of chapter 78 of such 
        Code is amended by redesignating the item relating to section 
        7613 as an item relating to section 7614 and by inserting after 
        the item relating to section 7612 the following new item:

``Sec. 7613. Examination with respect to income tax returns of justices 
                            of the Supreme Court.''.
            (4) Effective date.--The amendments made by this paragraph 
        shall apply to returns, amendments, and supplements filed (and 
        failures to file returns which occur) after the date of the 
        enactment of this Act (and to reports and audit materials with 
        respect to such returns, amendments, supplements, and 
        failures).
    (h) Additional Disclosure of Tax Returns by Justices of the Supreme 
Court and Nominees to the Supreme Court.--
            (1) In general.--
                    (A) Disclosure requirement.--Chapter 131 of title 
                5, United States Code, is amended--
                            (i) by inserting after section 13104 the 
                        following:
``Sec. 13104A. Disclosure of tax returns
    ``(a) Definitions.--In this section:
            ``(1) Applicable income tax return.--
                    ``(A) In general.--The term `applicable income tax 
                return' means, with respect to any taxable year, any 
                return (within the meaning of section 6103(b) of the 
                Internal Revenue Code of 1986) relating to Federal 
                income taxes of--
                            ``(i) a covered candidate or covered 
                        individual;
                            ``(ii) an individual who is married (within 
                        the meaning of section 7703(a) of the Internal 
                        Revenue Code of 1986) to a covered candidate or 
                        covered individual for the taxable year;
                            ``(iii) any corporation or partnership that 
                        was controlled (as determined under section 
                        7613(c)(3) of the Internal Revenue Code of 
                        1986) by an individual described in clause (i) 
                        or (ii) at any time during the taxable year;
                            ``(iv) the estate of any person described 
                        in clause (i) or (ii) or any estate with 
                        respect to which any person described in clause 
                        (i), (ii), or (iii) is an executor or 
                        beneficiary at any time during the taxable 
                        year; and
                            ``(v) any trust with respect to which any 
                        person described in clause (i), (ii), (iii), or 
                        (iv) is a grantor, fiduciary, or beneficiary, 
                        or for which another trust described in this 
                        clause is a grantor or beneficiary, at any time 
                        during the taxable year.
                    ``(B) Inclusion of certain documents.--Such term 
                shall include any schedule, attachment, or other 
                document filed with such return.
            ``(2) Covered candidate.--The term `covered candidate' 
        means an individual who is nominated to be a justice of the 
        Supreme Court of the United States.
            ``(3) Covered individual.--The term `covered individual' 
        means--
                    ``(A) a justice of the Supreme Court of the United 
                States required to file a report under subsection (a) 
                or (d) of section 13103; or
                    ``(B) an individual who occupies the office of 
                justice of the Supreme Court of the United States 
                required to file a report under section 13103(e).
    ``(b) Disclosure.--
            ``(1) Covered individuals.--
                    ``(A) In general.--In addition to the information 
                described in subsections (a), (b), (e), and (f) of 
                section 13104, a covered individual shall include in 
                each report required to be filed under this title a 
                copy of all applicable income tax returns for the 3 
                most recent taxable years for which a return has been 
                filed with the Internal Revenue Service as of the date 
                on which the report is filed.
                    ``(B) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A), the Director 
                of the Administrative Office of the United States 
                Courts shall submit to the Secretary of the Treasury a 
                request that the Secretary of the Treasury provide the 
                Director of the Administrative Office of the United 
                States Courts with a copy of the income tax return.
                    ``(C) Publicly available.--Each income tax return 
                submitted under this paragraph shall be filed with the 
                Director of the Administrative Office of the United 
                States Courts and made publicly available in the same 
                manner as the information described in subsections (a) 
                and (b) of section 13104.
                    ``(D) Redaction of certain information.--Before 
                making any income tax return submitted under this 
                paragraph available to the public, the Judicial 
                Conference shall redact such information as the 
                Judicial Conference, in consultation with the Secretary 
                of the Treasury (or a delegate of the Secretary), 
                determines appropriate.
            ``(2) Covered candidates.--
                    ``(A) Nominees to the supreme court of the united 
                states.--Not later than 15 days after the date on which 
                a covered candidate is nominated, the covered candidate 
                shall file with the Judicial Conference a copy of the 
                applicable income tax returns for the 3 most recent 
                taxable years for which a return has been filed with 
                the Internal Revenue Service.
                    ``(B) Failure to disclose.--If an applicable income 
                tax return is not disclosed under subparagraph (A), the 
                Judicial Conference shall submit to the Secretary of 
                the Treasury a request that the Secretary of the 
                Treasury provide the Judicial Conference with the 
                applicable income tax return.
                    ``(C) Publicly available.--Each applicable income 
                tax return submitted under this paragraph shall be 
                filed with the Judicial Conference and made publicly 
                available in the same manner as the information 
                described in section 13104(b).
                    ``(D) Redaction of certain information.--Before 
                making any applicable income tax return submitted under 
                this paragraph available to the public, the Judicial 
                Conference shall redact such information as the 
                Judicial Conference, in consultation with the Secretary 
                of the Treasury (or a delegate of the Secretary), 
                determines appropriate.
            ``(3) Special rule with respect to returns disclosed under 
        other authority.--For purposes of this subsection, in the case 
        of any applicable income tax return that has been made publicly 
        available pursuant to section 6103(q) of the Internal Revenue 
        Code of 1986, the requirements of paragraphs (1)(A) and (2)(A) 
        shall be satisfied with respect to such return if the covered 
        individual or covered candidate (as the case may be) provides 
        the location on the Internet where such disclosure has been 
        made publicly available.''; and
                            (ii) in section 13106--
                                    (I) in subsection (a)--
                                            (aa) in paragraph (1), in 
                                        the first sentence, by 
                                        inserting ``or any individual 
                                        who knowingly and willfully 
                                        falsifies or who knowingly and 
                                        willfully fails to file an 
                                        applicable income tax return 
                                        that such individual is 
                                        required to disclose pursuant 
                                        to section 13104A'' before the 
                                        period; and
                                            (bb) in paragraph (2)(A)--

                                                    (AA) in clause (i), 
                                                by inserting ``or 
                                                falsify any applicable 
                                                income tax return that 
                                                such person is required 
                                                to disclose under 
                                                section 13104A of this 
                                                title'' before the 
                                                semicolon; and

                                                    (BB) in clause 
                                                (ii), by inserting ``or 
                                                fail to file any 
                                                applicable income tax 
                                                return that such person 
                                                is required to disclose 
                                                under section 13104A of 
                                                this title'' before the 
                                                period;

                                    (II) in subsection (b), in the 
                                first sentence, by inserting ``or 
                                willfully failed to file or has 
                                willfully falsified an applicable 
                                income tax return required to be 
                                disclosed under section 13104A of this 
                                title'' before the period;
                                    (III) in subsection (c), by 
                                inserting ``or failing to file or 
                                falsifying an applicable income tax 
                                return required to be disclosed under 
                                section 13104A'' before the period; and
                                    (IV) in subsection (d)(1)--
                                            (aa) in the matter 
                                        preceding subparagraph (A), by 
                                        inserting ``or files an 
                                        applicable income tax return 
                                        required to be disclosed under 
                                        section 13104A'' after 
                                        ``subchapter''; and
                                            (bb) in subparagraph (A), 
                                        by inserting ``or such 
                                        applicable income tax return, 
                                        as applicable,'' after 
                                        ``report''.
                    (B) Special rule for individuals who are covered 
                candidates on date of enactment.--In the case of any 
                individual who is a covered candidate (as defined in 
                section 13104A of title 5, United States Code, as added 
                by paragraph (1)) on the date of the enactment of this 
                Act, section 13104A(b)(2)(A) of such title shall be 
                applied by substituting ``30 days after the date of the 
                enactment of the Judicial Modernization and 
                Transparency Act'' for ``15 days after the date on 
                which a covered candidate is nominated''.
                    (C) Clerical amendment.--The table of sections for 
                chapter 131 of title 5, United States Code, is amended 
                by adding at the end the following:

``13104A. Disclosure of tax returns.''.
            (2) Authority to disclose information.--
                    (A) In general.--Section 6103(l) of the Internal 
                Revenue Code of 1986 is amended by adding at the end 
                the following:
            ``(23) Disclosure of return information of justices of the 
        supreme court and nominees to the supreme court.--
                    ``(A) Disclosure of returns of justices of the 
                supreme court.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Administrative 
                        Office of the United States Courts pursuant to 
                        section 13104A(b)(1)(B) of title 5, United 
                        States Code, provide to officers and employees 
                        of the Judicial Conference a copy of each 
                        applicable income tax return with respect to 
                        any covered individual who has been identified 
                        in such request.
                            ``(ii) Disclosure to public.--The Director 
                        of the Administrative Office of the United 
                        States Courts may disclose to the public any 
                        applicable income tax return required to be 
                        submitted to the Director pursuant to section 
                        13104A(b)(1) of title 5, United States Code.
                    ``(B) Disclosure of returns of nominees to the 
                supreme court.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Judicial 
                        Conference, as applicable pursuant to section 
                        13104A(b)(2)(B) of title 5, United States Code, 
                        provide to officers and employees of the 
                        requesting entity a copy of each applicable 
                        income tax return with respect to any covered 
                        candidate who has been identified in such 
                        request.
                            ``(ii) Disclosure to public.--The Judicial 
                        Conference may disclose to the public any 
                        applicable income tax return required to be 
                        filed with the such agency pursuant to section 
                        13104A(b)(2) of title 5, United States Code.
                    ``(C) Definitions.--For purposes of this paragraph, 
                the terms `applicable income tax return', `covered 
                individual', and `covered candidate' have the meanings 
                given those terms in section 13104A of title 5, United 
                States Code.''.
                    (B) Conforming amendments.--Section 6103(p)(4) of 
                the Internal Revenue Code of 1986, in the matter 
                preceding subparagraph (A) and in subparagraph (F)(ii), 
                is amended by striking ``or (22)'' and inserting 
                ``(22), or (23)'' each place it appears.

SEC. 3. COURTS OF APPEALS.

    (a) In General.--Section 41 of title 28, United States Code, is 
amended--
            (1) in the matter preceding the table, by striking 
        ``thirteen'' and inserting ``15''; and
            (2) in the table--
                    (A) by striking the item relating to the fifth 
                circuit and inserting the following:

    ``Fifth........................
                                        Arkansas, Louisiana, 
                                                Mississippi, 
                                                Tennessee.'';

                    (B) by striking the item relating to the sixth 
                circuit and inserting the following:

    ``Sixth........................
                                        Kentucky, Michigan, Ohio.'';

                    (C) by striking the item relating to the eighth 
                circuit and inserting the following:

    ``Eighth.......................
                                        Iowa, Minnesota, Missouri, 
                                                Nebraska, North Dakota, 
                                                South Dakota.'';

                    (D) by striking the item relating to the ninth 
                circuit and inserting the following:

    ``Ninth........................
                                        California, Guam, Hawaii, 
                                                Northern Mariana 
                                                Islands.'';

                    (E) by striking the item relating to the tenth 
                circuit and inserting the following:

    ``Tenth........................
                                        Colorado, Kansas, Oklahoma, 
                                                Utah, Wyoming.'';

                    (F) by inserting after the item relating to the 
                11th circuit the following:

    ``Twelfth......................
                                        Arizona, New Mexico, Texas.
    Thirteenth.....................
                                        Alaska, Idaho, Montana, Nevada, 
                                                Oregon, Washington.''.

    (b) Supreme Court Justices as Circuit Justices.--Section 42 of 
title 28, United States Code, is amended--
            (1) in the first undesignated paragraph, by striking 
        ``The'' and inserting ``(a) The'';
            (2) in the second undesignated paragraph--
                    (A) by striking ``A'' and inserting ``(b) A''; and
                    (B) by striking ``more than one circuit, and two or 
                more justices may be assigned to the same circuit'' and 
                inserting ``1 circuit''; and
            (3) by adding at the end the following:
    ``(c) A circuit justice may--
            ``(1) prioritize applications to justices;
            ``(2) participate in committees to prepare for the Judicial 
        Conference of the United States;
            ``(3) attend the Judicial Conference of the United States; 
        and
            ``(4) provide advice on the removal of a circuit judge in 
        the circuit to which the circuit justice is assigned.''.
    (c) Appointment of Circuit Judges.--In section 44(a) of title 28, 
United States Code, strike the table and insert the following:


``Circuits                               Number of judges
  District of Columbia.................  11
  First................................  9
  Second...............................  17
  Third................................  18
  Fourth...............................  21
  Fifth................................  16
  Sixth................................  18
  Seventh..............................  16
  Eighth...............................  12
  Ninth................................  24
  Tenth................................  13
  Eleventh.............................  19
  Twelfth..............................  22
  Thirteenth...........................  13
  Federal..............................  12.''.
 

    (d) Supermajority Requirement.--A court of appeals of the United 
States may invalidate an Act of Congress only with the concurrence of--
            (1) in the case of a panel of judges, every judge; and
            (2) in the case of a rehearing en banc, at least \2/3\ of 
        the voting judges.

SEC. 4. DISTRICT COURTS.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate--
            (1) 1 additional district judge for the northern district 
        of Alabama;
            (2) 2 additional district judges for the district of 
        Arizona;
            (3) 1 additional district judge for the eastern district of 
        Arkansas;
            (4) 7 additional district judges for the central district 
        of California;
            (5) 2 additional district judges for the eastern district 
        of California;
            (6) 3 additional district judges for the northern district 
        of California;
            (7) 1 additional district judge for the southern district 
        of California;
            (8) 2 additional district judges for the district of 
        Colorado;
            (9) 1 additional district judge for the district of 
        Connecticut;
            (10) 4 additional district judges for the middle district 
        of Florida;
            (11) 1 additional district judge for the northern district 
        of Florida;
            (12) 2 additional district judges for the southern district 
        of Florida;
            (13) 1 additional district judge for the middle district of 
        Georgia;
            (14) 2 additional district judges for the northern district 
        of Georgia;
            (15) 1 additional district judge for the district of Idaho;
            (16) 1 additional district judge for the central district 
        of Illinois;
            (17) 3 additional district judges for the northern district 
        of Illinois;
            (18) 1 additional district judge for the northern district 
        of Indiana;
            (19) 1 additional district judge for the southern district 
        of Indiana;
            (20) 1 additional district judge for the southern district 
        of Iowa;
            (21) 1 additional district judge for the district of 
        Kansas;
            (22) 1 additional district judge for the eastern district 
        of Kentucky;
            (23) 1 additional district judge for the western district 
        of Kentucky;
            (24) 1 additional district judge for the eastern district 
        of Louisiana;
            (25) 1 additional district judge for the western district 
        of Louisiana;
            (26) 2 additional district judges for the district of 
        Maryland;
            (27) 2 additional district judges for the district of 
        Massachusetts;
            (28) 2 additional district judges for the eastern district 
        of Michigan;
            (29) 1 additional district judge for the western district 
        of Michigan;
            (30) 2 additional district judges for the district of 
        Minnesota;
            (31) 1 additional district judge for the southern district 
        of Mississippi;
            (32) 1 additional district judge for the eastern district 
        of Missouri;
            (33) 1 additional district judge for the western district 
        of Missouri;
            (34) 1 additional district judge for the district of 
        Nebraska;
            (35) 1 additional judge for the district of Nevada;
            (36) 3 additional district judges for the district of New 
        Jersey;
            (37) 1 additional district judge for the district of New 
        Mexico;
            (38) 2 additional district judges for the eastern district 
        of New York;
            (39) 1 additional district judge for the northern district 
        of New York;
            (40) 2 additional district judge for the southern district 
        of New York;
            (41) 1 additional district judge for the western district 
        of New York;
            (42) 1 additional district judge for the eastern district 
        of North Carolina;
            (43) 1 additional district judge for the middle district of 
        North Carolina;
            (44) 1 additional district judge for the western district 
        of North Carolina;
            (45) 2 additional district judges for the northern district 
        of Ohio;
            (46) 2 additional district judges for the southern district 
        of Ohio;
            (47) 1 additional district judge for the western district 
        of Oklahoma;
            (48) 1 additional district judge for the district of 
        Oregon;
            (49) 2 additional district judges for the eastern district 
        of Pennsylvania;
            (50) 1 additional district judge for the middle district of 
        Pennsylvania;
            (51) 1 additional district judge for the western district 
        of Pennsylvania;
            (52) 1 additional district judge for the district of Puerto 
        Rico;
            (53) 2 additional district judges for the district of South 
        Carolina;
            (54) 1 additional district judge for the eastern district 
        of Tennessee;
            (55) 1 additional district judge for the middle district of 
        Tennessee;
            (56) 1 additional district judge for the eastern district 
        of Texas;
            (57) 2 additional district judges for the northern district 
        of Texas;
            (58) 3 additional district judges for the southern district 
        of Texas;
            (59) 2 additional district judges for the western district 
        of Texas;
            (60) 1 additional district judge for the district of Utah;
            (61) 2 additional district judges for the eastern district 
        of Virginia;
            (62) 1 additional district judge for the western district 
        of Virginia;
            (63) 2 additional district judges for the western district 
        of Washington;
            (64) 1 additional district judge for the eastern district 
        of Wisconsin; and
            (65) 1 additional district judge for the western district 
        of Wisconsin.
    (b) Tables.--Section 133(a) of title 28, United States Code, is 
amended--
            (1) by striking the items relating to Alabama and inserting 
        the following:


  ``Alabama:
  Northern.............................  8
  Middle...............................  3
  Southern.............................  3'';
 

            (2) by striking the item relating to Arizona and inserting 
        the following:


  ``Arizona                              14'';
 

            (3) by striking the items relating to Arkansas and 
        inserting the following:


  ``Arkansas:
  Eastern..............................  6
  Western..............................  3'';
 

            (4) by striking the items relating to California and 
        inserting the following:


  ``California:
  Northern.............................  17
  Eastern..............................  8
  Central..............................  34
  Southern.............................  14'';
 

            (5) by striking the item relating to Colorado and inserting 
        the following:


  ``Colorado                             9'';
 

            (6) by striking the item relating to Connecticut and 
        inserting the following:


  ``Connecticut                          9'';
 

            (7) by striking the items relating to Florida and inserting 
        the following:


  ``Florida:
  Northern.............................  5
  Middle...............................  19
  Southern.............................  19'';
 

            (8) by striking the items relating to Georgia and inserting 
        the following:


  ``Georgia:
  Northern.............................  13
  Middle...............................  5
  Southern.............................  3'';
 

            (9) by striking the item relating to Idaho and inserting 
        the following:


  ``Idaho                                3'';
 

            (10) by striking the items relating to Illinois and 
        inserting the following:


  ``Illinois:
  Northern.............................  25
  Central..............................  5
  Southern.............................  4'';
 

            (11) by striking the items relating to Indiana and 
        inserting the following:


  ``Indiana:
  Northern.............................  6
  Southern.............................  6'';
 

            (12) by striking the items relating to Iowa and inserting 
        the following:


  ``Iowa:
  Northern.............................  2
  Southern.............................  4'';
 

            (13) by striking the item relating to Kansas and inserting 
        the following:


  ``Kansas                               6'';
 

            (14) by striking the items relating to Kentucky and 
        inserting the following:


  ``Kentucky:
  Eastern..............................  6
  Western..............................  5'';
 

            (15) by striking the items relating to Louisiana and 
        inserting the following:


  ``Louisiana:
  Eastern..............................  12
  Middle...............................  4
  Western..............................  8'';
 

            (16) by striking the item relating to Maryland and 
        inserting the following:


  ``Maryland                             12'';
 

            (17) by striking the item relating to Massachusetts and 
        inserting the following:


  ``Massachusetts                        15'';
 

            (18) by striking the items relating to Michigan and 
        inserting the following:


  ``Michigan:
  Eastern..............................  17
  Western..............................  5'';
 

            (19) by striking the item relating to Minnesota and 
        inserting the following:


  ``Minnesota                            8'';
 

            (20) by striking the items relating to Mississippi and 
        inserting the following:


  ``Mississippi:
  Northern.............................  3
  Southern.............................  7'';
 

            (21) by striking the items relating to Missouri and 
        inserting the following:


  ``Missouri:
  Eastern..............................  7
  Western..............................  6'';
 

            (22) by striking the item relating to Nebraska and 
        inserting the following:


  ``Nebraska                             4'';
 

            (23) by striking the item relating to the district of 
        Nevada and inserting the following:


  ``Nevada                               8'';
 

            (24) by striking the item relating to the district of New 
        Jersey and inserting the following:


  ``New Jersey                           20'';
 

            (25) by striking the item relating to New Mexico and 
        inserting the following:


  ``New Mexico                           7'';
 

            (26) by striking the items relating to New York and 
        inserting the following:


  ``New York:
  Northern.............................  6
  Southern.............................  30
  Eastern..............................  17
  Western..............................  5'';
 

            (27) by striking the items relating to North Carolina and 
        inserting the following:


  ``North Carolina:
  Eastern..............................  5
  Middle...............................  5
  Western..............................  5'';
 

            (28) by striking the items relating to Ohio and inserting 
        the following:


  ``Ohio:
  Northern.............................  13
  Southern.............................  10'';
 

            (29) by striking the items relating to Oklahoma and 
        inserting the following:


  ``Oklahoma:
  Northern.............................  3
  Eastern..............................  1
  Western..............................  7
  Northern, Eastern, Western...........  1'';
 

            (30) by striking the item relating to Oregon and inserting 
        the following:


  ``Oregon                               7'';
 

            (31) by striking the items relating to Pennsylvania and 
        inserting the following:


  ``Pennsylvania:
  Eastern..............................  24
  Middle...............................  7
  Western..............................  11'';
 

            (32) by striking the item relating to Puerto Rico and 
        inserting the following:


  ``Puerto Rico                          8'';
 

            (33) by striking the item relating to South Carolina and 
        inserting the following:


  ``South Carolina                       12'';
 

            (34) by striking the items relating to Tennessee and 
        inserting the following:


  ``Tennessee:
  Eastern..............................  6
  Middle...............................  5
  Western..............................  5'';
 

            (35) by striking the items relating to Texas and inserting 
        the following:


  ``Texas:
  Northern.............................  14
  Southern.............................  22
  Eastern..............................  8
  Western..............................  15'';
 

            (36) by striking the item relating to Utah and inserting 
        the following:


  ``Utah                                 6'';
 

            (37) by striking the items relating to Virginia and 
        inserting the following:


  ``Virginia:
  Eastern..............................  13
  Western..............................  5'';
 

            (38) by striking the items relating to Washington and 
        inserting the following:


  ``Washington:
  Eastern..............................  4
  Western..............................  8''; and
 

            (39) by striking the items relating to Wisconsin and 
        inserting the following:


  ``Wisconsin:
  Eastern..............................  6
  Western..............................  3''.
 

                                 <all>`