II 

117TH CONGRESS 

1ST SESSION S. 2970 

To amend title 28, United States Code, to provide for the appointment 

of additional Federal circuit judges, to divide the Ninth Judicial Circuit 

of the United States into two judicial circuits, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2021 

Mr. CRAPO (for himself, Mr. RISCH, Mr. SULLIVAN, Ms. MURKOWSKI, and 

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

A BILL 

To amend title 28, United States Code, to provide for the 

appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States 

into two judicial circuits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judicial Reorganiza5 tion Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘former Ninth Circuit’’ means the 

2 ninth judicial circuit of the United States as in ex3 istence on the day before the effective date of this 

4 Act; 

5 (2) the term ‘‘new Ninth Circuit’’ means the 

6 ninth judicial circuit of the United States established 

7 by the amendment made by section 3(2)(A); and 

8 (3) the term ‘‘Twelfth Circuit’’ means the 

9 twelfth judicial circuit of the United States estab10 lished by the amendment made by section 3(2)(B). 

11 SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. 

12 Section 41 of title 28, United States Code, is amend13 ed— 

14 (1) in the matter preceding the table, by strik15 ing ‘‘thirteen’’ and inserting ‘‘fourteen’’; and 

16 (2) in the table— 

17 (A) by striking the item relating to the 

18 Ninth Circuit and inserting the following: 

‘‘Ninth .................................................. California, Guam, Hawaii.’’; 

19 and 

20 (B) by inserting after the item relating to 

21 the Eleventh Circuit the following: 

‘‘Twelfth ............................................... Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.’’. 

22 SEC. 4. JUDGESHIPS. 

23 (a) NEW JUDGESHIPS.— 


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1 (1) FOR FORMER NINTH CIRCUIT.—The Presi2 dent shall appoint, by and with the advice and con3 sent of the Senate— 

4 (A) 4 additional circuit court judges for 

5 the former Ninth Circuit, whose official duty 

6 station shall be in California, Guam, or Hawaii; 

7 and 

8 (B) 1 additional circuit court judge for the 

9 former Ninth Circuit, whose official duty sta10 tion shall be in Alaska, Arizona, Idaho, Mon11 tana, Nevada, Oregon, or Washington. 

12 (b) EFFECTIVE DATE.—This section shall take effect 

13 on the date of the enactment of this Act. 

14 SEC. 5. NUMBER OF CIRCUIT JUDGES. 

15 The table contained in section 44(a) of title 28, 

16 United States Code, is amended— 

17 (1) by striking the item relating to the Ninth 

18 Circuit and inserting the following: 

‘‘Ninth ............................................................................................ 21’’; 

19 and 

20 (2) by inserting after the item relating to the 

21 Eleventh Circuit the following: 

‘‘Twelfth ......................................................................................... 13’’. 


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1 SEC. 6. PLACES OF CIRCUIT COURT. 

2 The table contained in section 48(a) of title 28, 

3 United States Code, is amended— 

4 (1) by striking the item relating to the Ninth 

5 Circuit and inserting the following: 

‘‘Ninth .................................................. Honolulu, San Francisco, Pasadena.’’; 

6 and 

7 (2) by inserting after the item relating to the 

8 Eleventh Circuit the following: 

‘‘Twelfth ............................................... Phoenix, Seattle, Portland.’’. 

9 SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES. 

10 (a) IN GENERAL.—Each circuit judge of the former 

11 Ninth circuit who is in regular active service and whose 

12 official duty station on the day before the effective date 

13 of this Act— 

14 (1) is in California, Guam, or Hawaii shall be 

15 a circuit judge of the new Ninth Circuit as of such 

16 effective date; and 

17 (2) is in Alaska, Arizona, Idaho, Montana, Ne18 vada, Oregon, or Washington shall be a circuit judge 

19 of the Twelfth Circuit as of such effective date. 

20 SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 

21 Each judge who is a senior circuit judge of the former 

22 Ninth Circuit on the day before the effective date of this 

23 Act may elect to be assigned to the new Ninth Circuit or 

24 to the Twelfth Circuit as of such effective date, and shall 


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1 notify the Director of the Administrative Office of the 

2 United States Courts of such election. 

3 SEC. 9. SENIORITY OF JUDGES. 

4 The seniority of each judge— 

5 (1) who is assigned under section 7; or 

6 (2) who elects to be assigned under section 8, 

7 shall run from the date of commission of such judge as 

8 a judge of the former Ninth Circuit. 

9 SEC. 10. APPLICATION TO CASES. 

10 The following apply to any case in which, on the day 

11 before the effective date of this Act, an appeal or other 

12 proceeding has been filed with the former Ninth Circuit: 

13 (1) If the matter has been submitted for deci14 sion, further proceedings with respect to the matter 

15 shall be had in the same manner and with the same 

16 effect as if this Act had not been enacted. 

17 (2) If the matter has not been submitted for de18 cision, the appeal or proceeding, together with the 

19 original papers, printed records, and record entries 

20 duly certified, shall, by appropriate orders, be trans21 ferred to the court to which the matter would have 

22 been submitted had this Act been in full force and 

23 effect at the time such appeal was taken or other 

24 proceeding commenced, and further proceedings with 

25 respect to the case shall be had in the same manner 


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1 and with the same effect as if the appeal or other 

2 proceeding had been filed in such court. 

3 (3) A petition for rehearing or a petition for re4 hearing en banc in a matter decided before the effec5 tive date of this Act, or submitted before the effec6 tive date of this Act and decided on or after such 

7 effective date as provided in paragraph (1), shall be 

8 treated in the same manner and with the same effect 

9 as though this Act had not been enacted. If a peti10 tion for rehearing en banc is granted, the matter 

11 shall be reheard by a court comprised as though this 

12 Act had not been enacted. 

13 SEC. 11. ADMINISTRATION. 

14 The United States Court of Appeals for the Ninth 

15 Circuit as constituted on the day before the effective date 

16 of this Act may take such administrative action as may 

17 be required to carry out this Act and the amendments 

18 made by this Act. Such court shall cease to exist for ad19 ministrative purposes upon the expiration of the 2-year pe20 riod beginning on the effective date of this Act. 

21 SEC. 12. EFFECTIVE DATE. 

22 Except as provided in section 4(b), this Act and the 

23 amendments made by this Act shall take effect on the date 

24 that is 1 year after the date of enactment of this Act. 


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1 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act, including funds 

4 for additional court facilities. 

Æ 


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