113 S1340 IS: Cruise Passenger Protection Act
U.S. Senate
2013-07-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1340
		IN THE SENATE OF THE UNITED STATES

			July 23, 2013
			Mr. Rockefeller (for
			 himself and Mr. Blumenthal) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To improve passenger vessel security and safety, and for
		  other purposes.

		1.Short title;
			 references
			(a)Short
			 titleThis Act may be cited
			 as the Cruise Passenger Protection
			 Act.
			(b)References to
			 title 46, United States CodeExcept as otherwise expressly
			 provided, wherever in this Act an amendment or repeal is expressed in terms of
			 an amendment to, or repeal of, a section or other provision, the reference
			 shall be considered to be made to a section or other provision of title 46,
			 United States Code.
			2.Cruise vessel
			 subchapterChapter 35 is
			 amended:
			(1)by inserting before section 3501 the
			 following:

					IGeneral
				provisions
					;
			(2)by inserting
			 before section 3507 the following:

					IICruise
				vessels
					;

				and(3)by redesignating
			 sections 3507 and 3508 as sections 3523 and 3524, respectively.
			3.ApplicationChapter 35, as amended by section 2 of this
			 Act, is further amended by inserting before section 3523 the following:

				3521.Application
					(a)In
				generalThis subchapter
				applies to a passenger vessel (as defined in section 2101(22)) that—
						(1)is authorized to carry at least 250
				passengers;
						(2)has on board
				sleeping facilities for each passenger;
						(3)is on a voyage
				that embarks or disembarks passengers in the United States; and
						(4)is not engaged on
				a coastwise voyage.
						(b)Federal and
				State vesselsThis subchapter does not apply to a vessel of the
				United States operated by the Federal Government or a vessel owned and operated
				by a
				State.
					.
		4.DefinitionsChapter 35, as amended by section 3 of this
			 Act, is further amended by inserting after section 3521 the following:

				3522.DefinitionsIn this subchapter:
					(1)CommandantThe
				term Commandant means the Commandant of the Coast Guard.
					(2)OwnerThe
				term owner means the owner, charterer, managing operator, master,
				or other individual in charge of a vessel.
					(3)SecretaryExcept
				as otherwise expressly provided, the term Secretary means the
				Secretary of the department in which the Coast Guard is
				operating.
					.
		5.Passenger vessel
			 consumer service improvements
			(a)In
			 generalChapter 35, as amended by section 2 of this Act, is
			 further amended by adding at the end the following:

					3525.Passenger
				vessel consumer service improvements
						(a)Passage
				contracts
							(1)In
				generalNot later than 1 year after the date of enactment of the
				Cruise Passenger Protection
				Act, the Secretary of Transportation shall develop standards for
				use by an owner of a passenger vessel to provide a prospective passenger with a
				summary that highlights key terms in the passage contract upfront and before
				they are binding. In developing the standards, the Secretary of Transportation
				may consult with other Federal agencies, persons with expertise on admiralty
				and maritime law, consumer advocates, industry representatives, and such other
				persons as the Secretary of Transportation considers necessary.
							(2)RecommendationsThe
				standards shall include recommendations regarding the following:
								(A)AppearanceThe
				standards shall recommend style, formatting, and placement that ensures that
				the summary is conspicuous.
								(B)LanguageThe
				standards shall recommend terminology that ensures that the summary is clear,
				unambiguous, unmistakable, and, to the greatest extent possible, uniform,
				concise, and not complex.
								(3)Periodic
				reviewThe Secretary of Transportation shall periodically review
				and update, as appropriate, the standards.
							(4)RequirementsNot
				later than 180 days after the date that the standards are developed, an owner
				of a passenger vessel shall—
								(A)provide each
				prospective passenger with a summary in accordance with those standards;
								(B)include a
				prominently accessible link to the summary on each Internet website that the
				owner maintains for prospective passengers to purchase or book passage on the
				passenger vessel; and
								(C)include the
				summary in any promotional literature or advertising, through any medium of
				communication in the United States offering passage or soliciting passengers
				for ocean voyages anywhere in the world, that the Secretary of Transportation
				considers necessary to adequately notify a prospective passenger of the key
				terms in the passage contract before they are binding.
								(5)PreemptionThe
				standards developed under this subsection shall preempt any related State
				standards that require a summary that provides less information to a
				prospective passenger than that required to be provided under this subsection,
				as determined by the Secretary of Transportation.
							(b)Consumer
				complaints
							(1)Toll-free
				hotline; Internet website linkThe Secretary of Transportation
				shall—
								(A)establish a
				consumer complaints toll-free hotline telephone number for passenger
				use;
								(B)establish a
				consumer complaints link for passenger use on the Internet website under
				section 3526(i); and
								(C)notify the public
				of—
									(i)the telephone
				number under subparagraph (A); and
									(ii)the Internet
				website under section 3526(i).
									(2)WebsiteThe
				Secretary of Transportation shall maintain a statistical compilation of all
				consumer complaints on the Internet website under section 3526(i) that provides
				a numerical accounting of each category of consumer complaint. The data shall
				be updated not less frequently than quarterly, be aggregated by passenger
				vessel, and identify each passenger vessel by name.
							(3)Investigations
				of consumer complaintsThe Secretary of Transportation, in
				coordination with other relevant Federal agencies, may investigate consumer
				complaints from passengers, including—
								(A)cancellations,
				delays, and port skipping;
								(B)lost, damaged,
				and delayed baggage;
								(C)conditions on
				board the passenger vessel;
								(D)problems in
				obtaining refunds for unused or lost tickets or fare adjustments;
								(E)incorrect or
				incomplete information about fares, discount fare conditions and availability,
				overcharges, and fare increases;
								(F)deceptive or
				misleading advertising; and
								(G)compliance with
				Federal regulations.
								(4)Referral to
				Federal agencyThe Secretary of Transportation may refer any
				complaint received under this subsection to the Attorney General or relevant
				Federal agency for action, as appropriate.
							(5)Notice to
				passengers.
								(A)Internet
				websitesEach owner of a passenger vessel shall include in a
				conspicuous location on each Internet website that the owner of a passenger
				vessel maintains for passengers to purchase or book passage on a passenger
				vessel—
									(i)the telephone
				number under paragraph (1); and
									(ii)any other
				information necessary for a passenger to submit a consumer complaint for
				resolution.
									(B)Boarding
				documentationThe owner of a passenger vessel shall include the
				telephone number and Internet address for consumer complaints under paragraph
				(1) on—
									(i)any promotional
				literature or advertising, through any medium of communication in the United
				States offering passage or soliciting passengers for ocean voyages on passenger
				vessels, that the Secretary of Transportation considers necessary to adequately
				notify a prospective passenger of the telephone number and Internet address;
				and
									(ii)any electronic
				confirmation of the purchase of passage on a passenger vessel.
									(c)Penalties
							(1)Civil
				penaltyThe Secretary of Transportation may impose on any person
				that violates this section or a regulation under this section a civil penalty
				of not more than $25,000 for each day during which the violation continues,
				except that the maximum penalty for a continuing violation is $50,000.
							(2)Criminal
				penaltyAny person that willfully violates this section or a
				regulation under this section shall be fined not more than $250,000 or
				imprisoned not more than 1 year, or both.
							(d)RegulationsThe
				Secretary of Transportation shall issue such regulations as are necessary to
				implement this section.
						(e)DefinitionsIn
				this section:
							(1)Key
				termsThe term key terms includes terms related to
				undisclosed costs and fees, indemnification, waivers, limitations on liability,
				notice of claim and actions, time limitations, arbitration, forum, and
				jurisdiction.
							(2)Passage
				contractThe term passage contract means a binding
				agreement for passage on a passenger vessel.
							(3)PassengerThe
				term passenger means a citizen of the United States carried on a
				passenger vessel.
							(4)Passenger
				vesselThe term passenger vessel means a passenger
				vessel (as defined in section 2101) to which this subchapter
				applies.
							.
			(b)Bill of
			 rightsNot later than 180
			 days after the date of enactment of the Cruise Passenger Protection Act, the
			 Secretary of Transportation shall determine whether any of the enumerated
			 rights in the international cruise line passenger bill of rights, that was
			 adopted by the members of the Cruise Lines International Association, are
			 enforceable under Federal law. The Secretary shall include in the standards
			 developed under section 3525(a) of title 46 United States Code, a statement
			 informing a prospective passenger—
				(1)that the bill of rights is legally
			 enforceable and that the passenger has a private right of action to enforce the
			 bill of rights; and
				(2)of any legal
			 action that a prospective passenger may take to enforce the bill of
			 rights.
				(c)Advisory
			 Committee for Passenger Vessel Consumer Protection
				(1)In
			 generalThe Secretary of Transportation (referred to in this
			 subsection as the Secretary) shall establish an advisory
			 committee for passenger vessel consumer protection to advise the Secretary in
			 carrying out activities relating to passenger vessel customer service
			 improvements.
				(2)MembershipThe
			 Secretary of Transportation shall appoint the members of the advisory
			 committee, which shall be comprised of 1 representative each of—
					(A)owners of
			 passenger vessels;
					(B)international
			 industry-related associations;
					(C)State or local
			 governments with expertise in consumer protection matters;
					(D)nonprofit public
			 interest groups with expertise in consumer protection matters;
					(E)nonprofit public
			 interest groups with expertise in victim assistance; and
					(F)relevant Federal
			 agencies, as determined by the Secretary of Transportation.
					(3)VacanciesA
			 vacancy in the advisory committee shall be filled in the manner in which the
			 original appointment was made.
				(4)Travel
			 expensesMembers of the advisory committee shall serve without
			 pay, but shall receive travel expenses, including per diem in lieu of
			 subsistence, in accordance with subchapter I of chapter 57 of title 5, United
			 States Code.
				(5)ChairThe
			 Secretary of Transportation shall designate, from among the individuals
			 appointed under paragraph (2), an individual to serve as chair of the advisory
			 committee.
				(6)DutiesThe
			 duties of the advisory committee shall include—
					(A)evaluating
			 existing passenger vessel consumer protection programs or services;
					(B)recommending
			 improvements to the programs or services under subparagraph (A), as
			 necessary;
					(C)recommending
			 additional passenger vessel consumer protection programs or services, as
			 necessary; and
					(D)recommending to
			 the Secretary key terms in a passage contract that should be highlighted
			 upfront, such as—
						(i)products and
			 services available on board the passenger vessel for an undisclosed cost or fee
			 or otherwise are not included in the price of passage;
						(ii)the country
			 under which the passenger vessel is registered or flagged;
						(iii)if the
			 passenger vessel leaves the admiralty and maritime jurisdiction of the United
			 States, a passenger may be subject to the law of a foreign country;
						(iv)the passenger
			 vessel may not accept responsibility for any health care services provided to a
			 passenger by medical staff on board the passenger vessel;
						(v)the
			 maximum amount an owner of a passenger vessel will reimburse a passenger for
			 lost or stolen property while on board the passenger vessel; and
						(vi)where to file a
			 notice of claim or initiate any legal action against the owner of the passenger
			 vessel.
						(7)Report to
			 CongressNot later than February 1 of each of the first 2
			 calendar years beginning after the date of enactment of this Act, the Secretary
			 shall transmit to Congress a report containing—
					(A)the
			 recommendations made by the advisory committee during the preceding calendar
			 year; and
					(B)an explanation of
			 whether and how the industry has implemented each recommendation and, for each
			 recommendation not implemented, the industry's reason for not implementing the
			 recommendation.
					(8)Definition of
			 passenger vesselIn this subsection, the term passenger
			 vessel has the meaning given the term in section 3525 of title 46,
			 United States Code.
				6.Crime reporting
			 and public notice
			(a)Availability of
			 log book and entries to FBI and other investigatorsSection
			 3523(g)(1), as redesignated under section 2 of this Act, is amended—
				(1)in subparagraph
			 (A), by striking in a centralized location readily accessible to law
			 enforcement personnel,; and
				(2)in subparagraph
			 (B), by striking make such log book available and inserting
			 make the log book and all entries therein available, whether the log
			 book and entries are maintained on board the vessel or at a centralized
			 location off the vessel, .
				(b)Deadline To
			 notify Federal Bureau of Investigation regarding certain
			 incidentsSection 3523(g)(3)(A)(i), as redesignated under section
			 2 of this Act, is amended—
				(1)by striking
			 shall contact and inserting subject to subparagraph (C),
			 shall contact; and
				(2)by striking
			 after the occurrence on board the vessel of an incident
			 involving and inserting , but not later than 4 hours, after an
			 employee of the vessel is notified of an incident on board the vessel allegedly
			 involving.
				(c)Reports before
			 departureSection 3523(g)(3), as redesignated under section 2 of
			 this Act, is amended by adding at the end the following:

					(C)Reports before
				departureIf an employee of a vessel to which this subchapter
				applies is notified of an incident under subparagraph (A)(i) while the vessel
				is within the admiralty and maritime jurisdiction of the United States and en
				route to a United States port or at a United States port, the owner of the
				vessel (or the owner's designee) shall contact the nearest Federal Bureau of
				Investigation Field Office or Legal Attache not later than the time specified
				under subparagraph (A)(i) or before the vessel departs port, whichever is
				earlier.
					.
			(d)Reports to
			 United States consulatesSection 3523(g)(3), as amended by
			 section 6(c) of this Act, is further amended by adding at the end the
			 following:

					(D)Reports to
				United States consulatesIf an incident under subparagraph (A)(i)
				allegedly involves an offense by or against a United States national, in
				addition to contacting the nearest Federal Bureau of Investigation Field Office
				or Legal Attache under that subparagraph, the owner of a vessel to which this
				subchapter applies (or the owner's designee) shall contact the United States
				consulate at the next port of call not later than the time specified under
				subparagraph
				(A)(i).
					.
			(e)Reports to
			 Secretary of Transportation; incidents and detailsSection
			 3523(g)(3)(A), as redesignated under section 2 of this Act, is amended—
				(1)in clause (ii),
			 by striking the incident to an Internet based portal maintained by the
			 Secretary and inserting each incident under clause (i),
			 including the details under paragraph (2), to the Internet based portal
			 maintained by the Secretary of Transportation under section 3526(i);
			 and
				(2)in clause (iii),
			 by striking by the Secretary and inserting by the
			 Secretary of Transportation under section 3526(i).
				(f)Availability of
			 security guide via InternetSection 3523(c)(1), as redesignated
			 under section 2 of this Act, is amended—
				(1)in subparagraph
			 (A)—
					(A)by striking
			 a guide (referred to in this subsection as the security
			 guide and inserting a security guide; and
					(B)by striking
			 English, which and inserting English, that;
			 and
					(2)in subparagraph
			 (C), by striking on the website of the vessel owner and
			 inserting via a prominently accessible link on each Internet website
			 that the cruise line maintains for passengers to purchase or book cruises on
			 any vessel that the cruise line owns or operates, and to which this subchapter
			 applies.
				7.Crime
			 prevention, documentation, and response requirements
			(a)Maintenance and
			 placement of video surveillance equipmentSection 3523(b)(1), as
			 redesignated under section 2 of this Act, is amended—
				(1)by inserting
			 (A) In
			 General.— before The owner and
			 resetting the text accordingly;
				(2)by striking
			 , as determined by the Secretary; and
				(3)by adding at the
			 end, the following:

						(B)Placement of
				video surveillance equipmentWith regard to the placement of
				video surveillance equipment on a vessel under subparagraph (A), the owner
				shall—
							(i)place video
				surveillance equipment in each passenger common area where a person has no
				reasonable expectation of privacy;
							(ii)place video
				surveillance equipment in other areas where a person has no reasonable
				expectation of privacy; and
							(iii)place video
				surveillance equipment in each area identified under clauses (i) and (ii) in a
				manner that provides optimum surveillance of that
				area.
							.
				(b)Access to video
			 recordsSection 3523(b), as redesignated under section 2 of this
			 Act, is amended—
				(1)by redesignating
			 paragraph (2) as paragraph (3); and
				(2)in paragraph (3),
			 as redesignated—
					(A)by inserting
			 (A) Law
			 enforcement.— before The owner and
			 resetting the text accordingly; and
					(B)by adding at the
			 end, the following:

							(B)Civil
				actionsThe owner of a vessel to which this subchapter applies
				shall provide to any individual or the individual's legal representative, upon
				written request, a copy of all records of video surveillance—
								(i)in which the
				individual is a subject of the video surveillance; and
								(ii)that may provide
				evidence in a civil action.
								(C)Limited
				accessExcept as provided under subparagraphs (A) and (B), the
				owner of a vessel to which this subchapter applies shall ensure that access to
				records of video surveillance is limited to the purposes under this
				section.
							.
					(c)Notice of video
			 surveillanceSection 3523(b), as amended by section 7(b) of this
			 Act, is further amended by inserting before paragraph (3), the
			 following:

					(2)Notice of video
				surveillanceThe owner of a vessel to which this subchapter
				applies shall provide clear and conspicuous signs on board the vessel notifying
				the public of the presence of video surveillance
				equipment.
					.
			(d)Retention
			 requirementsSection 3523(b), as amended by section 7(c) of this
			 Act, is further amended by adding at the end, the following:

					(4)Retention
				requirements
						(A)In
				generalThe owner of a vessel to which this subchapter applies
				shall retain all records of video surveillance for a voyage for not less than
				30 days after the completion of the voyage. If an incident described in
				subsection (g)(3)(A)(i) is alleged and reported to law enforcement, all records
				of video surveillance from the voyage that the Federal Bureau of Investigation
				determines are relevant shall—
							(i)be provided to
				the Federal Bureau of Investigation; and
							(ii)be preserved by
				the vessel owner for not less than 5 years from the date of the alleged
				incident.
							(B)Interim
				standardsNot later than 180 days after the date of enactment of
				the Cruise Passenger Protection
				Act, the Commandant, in consultation with the Federal Bureau of
				Investigation, shall promulgate interim standards for the retention of records
				of video surveillance.
						(C)Final
				standardsNot later than 1 year after the date of enactment of
				the Cruise Passenger Protection
				Act, the Commandant, in consultation with the Federal Bureau of
				Investigation, shall promulgate final standards for the retention of records of
				video surveillance.
						(D)ConsiderationsIn
				promulgating standards under subparagraphs (B) and (C), the Commandant
				shall—
							(i)consider factors
				that would aid in the investigation of serious crimes, including crimes that go
				unreported until after the completion of a voyage;
							(ii)consider the
				different types of video surveillance systems and storage requirements in
				creating standards both for vessels currently in operation and for vessels
				newly built;
							(iii)consider
				privacy, including standards for permissible access to and monitoring and use
				of the records of video surveillance; and
							(iv)consider
				technological advancements, including requirements to update
				technology.
							.
			(e)Authority To
			 provide assistance to victims of crimes on board passenger
			 vesselsChapter 35, as
			 amended by section 5 of this Act, is further amended by adding at the end the
			 following:

					3526.Assistance to
				victims of crimes on board certain passenger vessels
						(a)PurposeThe
				purpose of this section is to provide to a passenger who is an alleged victim
				of an incident described under section 3523(g)(3)(A)(i)—
							(1)a written summary
				of rights;
							(2)a primary point
				of contact within the Federal Government; and
							(3)a means of
				obtaining immediate, free, and confidential support services.
							(b)Director of
				victim support services
							(1)Interim
				designationThe Secretary of Transportation shall designate an
				interim director of victim support services. The interim director shall be an
				employee of the Department of Transportation and shall serve in the position
				until a final designation is made under paragraph (2).
							(2)Final
				designationNot later than 180 days after the date of enactment
				of the Cruise Passenger Protection
				Act, the Secretary of Transportation, in consultation with the
				Department of Justice and other relevant Federal agencies, shall—
								(A)designate an
				employee of the Federal Government to serve as the director of victim support
				services under this section; and
								(B)determine an
				effective way to publicize the toll-free telephone number under subsection (c)
				and the availability of support services.
								(3)ResponsibilitiesThe
				director of victim support services shall—
								(A)be responsible
				for acting as a primary point of contact within the Federal Government for the
				passenger described in subsection (a);
								(B)coordinate with 1
				or more non-profit organizations or other entities that can provide the types
				of support services described under subsection (d);
								(C)establish a
				process for the passenger described in subsection (a) to obtain the appropriate
				types of support services described under subsection (d);
								(D)recommend a
				process for the passenger described in subsection (a) to obtain an appropriate
				continuum of care;
								(E)recommend a
				process for the passenger described in subsection (a) to obtain information on
				the status of any related criminal investigation;
								(F)develop guidance,
				consistent with the purpose of this section, for the security guide under
				section 3523(c)(1), including a process to ensure that an owner of a passenger
				vessel provides a copy of the security guide to a passenger immediately after
				the vessel is notified that the passenger is an alleged victim of an incident
				described under subsection (g)(3)(A)(i);
								(G)periodically
				update that guidance, as necessary; and
								(H)be the primary
				liaison between the passenger described in subsection (a) and—
									(i)the owner of the
				passenger vessel;
									(ii)any relevant
				Federal agency;
									(iii)any relevant
				United States embassy or United States consulate; and
									(iv)any other person
				that the director of victim support services considers necessary to carry out
				the purpose of this section.
									(c)Toll-Free
				telephone numberThe Secretary of Transportation shall establish
				a toll-free telephone number, available 24 hours each day, that a passenger
				described in subsection (a) can call to initiate the process under subsection
				(b)(3)(C).
						(d)Support
				servicesThe director of victim support services shall determine
				the types of support services that a passenger described in subsection (a) can
				obtain, such as—
							(1)directions on how
				to report an incident described under section 3523(g)(3)(A)(i) to appropriate
				authorities;
							(2)an explanation of
				or assistance completing necessary forms to report an incident described under
				section 3523(g)(3)(A)(i);
							(3)an explanation of
				how or assistance to obtain support services under this section;
							(4)arranging, if
				appropriate, for mental health and counseling services;
							(5)arranging, if
				possible, for education regarding and advocacy during applicable criminal
				justice proceedings; and
							(6)communicating
				with that passenger as to the roles of the organization, government agencies,
				and the owner of the passenger vessel involved with respect to the incident and
				the post-incident activities.
							(e)Summary of
				rightsNot later than 180 days after the date of enactment of the
				Cruise Passenger Protection
				Act, the Secretary of Transportation, in consultation with the
				Department of Justice, other relevant Federal agencies, non-profit public
				interest groups with expertise in victim assistance, and such other persons
				that the Secretary of Transportation considers necessary, shall—
							(1)determine what
				rights a passenger described in subsection (a) may have under law, such as the
				right to contact the Federal Bureau of Investigation to report the crime, the
				right to contact the director of victim support services, and the right to
				speak confidentially to Federal law enforcement, the director of victim support
				services, and any other third-party victim advocate without any representative
				or employee of the passenger vessel present;
							(2)develop a written
				summary of those rights; and
							(3)establish a
				process for a passenger described in subsection (a) to receive the written
				summary of rights as soon as practicable after an alleged incident described
				under section 3523(g)(3)(A)(i).
							(f)Guardians and
				relativesIf a passenger described in subsection (a) is deceased
				or is a minor, or under such other circumstances that the director of victim
				support services considers necessary, the director may provide support services
				under this section to a guardian or relative of that passenger.
						(g)Use of
				passenger vessel resourcesAs appropriate, the resources of the
				passenger vessel should be used to the greatest extent possible to carry out
				the purpose under this section.
						(h)Statutory
				constructionNothing in this section may be construed as limiting
				the obligations that an owner of a passenger vessel may have in providing
				assistance to a passenger who is an alleged victim of an incident described
				under section 3523(g)(3)(A)(i).
						(i)Availability of
				incident data via Internet
							(1)In
				generalThe Secretary of Transportation shall maintain a
				statistical compilation of all incidents described in section 3523(g)(3)(A) on
				an Internet website that provides a numerical accounting of the missing persons
				and alleged crimes duly recorded in each report filed under paragraph (3) of
				that section. Each such incident shall be included in the statistical
				compilation irrespective of its investigative status. The data shall be updated
				not less frequently than quarterly, be aggregated by cruise line, identify each
				cruise line by name, identify each crime and alleged crime as to whether it was
				committed or allegedly committed by a passenger (as defined in section 2101) or
				crew member, identify each crime and alleged crime as to whether it was
				committed or allegedly committed against a minor, and identify the number of
				alleged individuals overboard. The Secretary of Transportation shall ensure
				that the compilation, data, and any other information provided on the Internet
				website is in a user-friendly format.
							(2)Access to
				websiteEach owner of a passenger vessel shall include a
				prominently accessible link to the Internet website maintained by the Secretary
				of Transportation under paragraph (1) on each Internet website that the owner
				maintains for prospective passengers to purchase or book passage on the
				passenger vessel.
							(j)RegulationsThe
				Secretary of Transportation shall issue such regulations as are necessary to
				implement this section.
						(k)DefinitionsIn
				this section:
							(1)PassengerExcept
				as expressly provided otherwise, the term passenger means a
				citizen of the United States carried on a passenger vessel without regard to
				whether the individual purchased passage on the passenger vessel or is employed
				by the owner of the passenger vessel.
							(2)Passenger
				vesselThe term passenger vessel means a passenger
				vessel (as defined in section 2101) to which this subchapter
				applies.
							.
			(f)StudyNot
			 later than 1 year after the date of enactment of this Act, the Secretary of
			 Transportation, in coordination with the Secretary of the department in which
			 the Coast Guard is operating, Attorney General, and heads of other relevant
			 Federal agencies, shall conduct a study to determine the feasibility of having
			 an individual on board each passenger vessel (as defined in section 3526 of
			 title 46, United States Code) to provide victim support services, including the
			 support services under section 3526(d) of title 46, United States Code, and
			 related safety and security services, and shall report the findings to
			 Congress. The study shall include consideration of the cost, the benefit to
			 passengers, jurisdiction, and logistics.
			(g)Criminal
			 activity prevention and response guideSection 3523(c)(1), as
			 amended by section 6(f) of this Act, is further amended—
				(1)in subparagraph
			 (A)—
					(A)by redesignating
			 clause (ii) as clause (vi);
					(B)by inserting
			 after clause (i), the following:

							(ii)describes the
				availability of support services under section 3526, including any contact
				information provided by the Secretary of Transportation or director of victim
				support services under that section;
							(iii)includes the
				summary of rights under section 3526;
							(iv)includes the
				summary under section 3525(a);
							(v)includes the
				toll-free hotline telephone number and consumer complaints Internet website
				link under section
				3525(b);
							;
					(C)by inserting
			 and at the end of clause (vi), as redesignated; and
					(D)by adding at the
			 end the following:

							(vii)includes such
				other information as the Secretary of Transportation recommends under section
				3526(b)(3)(F);
							;
				and
					(2)by amending
			 subparagraph (B) to read as follows:

						(B)provide a copy of
				the security guide to—
							(i)the Secretary of
				Transportation for review;
							(ii)the Federal
				Bureau of Investigation for comment; and
							(iii)a passenger
				immediately after the vessel is notified that the passenger is an alleged
				victim of an incident described under subsection (g)(3)(A)(i);
				and
							.
				(h)Minimum number
			 of medical staffNot later than 1 year after the date of
			 enactment of this Act, the Secretary of Transportation shall determine and
			 require, by regulation, a minimum number of medical staff, and appropriate
			 qualifications, under section 3523(d)(3) of title 46, United States Code, that
			 should be available on a vessel per 1,000 passengers.
			(i)Maintenance of
			 supplies To prevent sexually transmitted diseasesSection
			 3523(d)(1), as redesignated by section 2 of this Act, is amended by inserting
			 (taking into consideration the length of the voyage and the number of
			 passengers and crewmembers that the vessel can accommodate) after
			 a sexual assault.
			(j)Sexual assault;
			 contact informationSection 3523(d)(5)(A), as redesignated by
			 section 2 of this Act, is amended by striking the United States Coast
			 Guard,.
			(k)Sexual assault;
			 private telephone lineSection 3523(d)(5)(B), as redesignated by
			 section 2 of this Act, is amended by inserting under section 3526
			 or after the information and support services
			 available.
			(l)Crime scene
			 preservation training; certification of organizations by
			 MARADSection 3524(a), as redesignated by section 2 of this Act,
			 is amended by striking may certify and inserting shall
			 certify.
			(m)Crew access to
			 passenger staterooms; procedures and restrictionsSection
			 3523(f), as redesignated by section 2 of this Act, is amended—
				(1)in paragraph
			 (1)—
					(A)by striking
			 and at the end subparagraph (A); and
					(B)by adding at the
			 end the following:

							(C)a system that
				electronically records the date, time, and identity of each crew member
				accessing each passenger stateroom; and
							;
				and
					(2)in paragraph (2),
			 by striking are fully and properly implemented and periodically
			 reviewed. and inserting are fully and properly implemented,
			 reviewed annually, and updated as necessary..
				8.Passenger vessel
			 security and safety requirements
			(a)Vessel design,
			 equipment, construction, and retrofitting requirementsSection
			 3523(a), as redesignated by section 2 of this Act, is amended—
				(1)in paragraph
			 (1)—
					(A)in the matter
			 preceding subparagraph (A), by striking to which this subsection
			 applies and inserting to which this subchapter
			 applies;
					(B)in subparagraph
			 (A)—
						(i)by
			 striking The vessel  and inserting Each exterior deck of
			 a vessel; and
						(ii)by
			 striking the period at the end and inserting unless the height
			 requirement would interfere with the deployment of a lifesaving device or other
			 emergency equipment as identified by the Commandant.; and
						(C)in subparagraph
			 (B), by striking entry doors that include peep holes or other means of
			 visual identification. and inserting an entry door that includes
			 a peep hole or other means of visual identification that provides an
			 unobstructed view of the area outside the stateroom or crew cabin. For purposes
			 of this subparagraph, the addition of an optional privacy cover on the interior
			 side of the entry shall not in and of itself constitute an
			 obstruction.; and
					(2)by adding at the
			 end the following:

						(4)Waivers; record
				of waiversThe Secretary—
							(A)may waive a
				requirement under paragraph (1) as the Secretary determines necessary;
				and
							(B)shall maintain a
				record of each waiver under subparagraph
				(A).
							.
				(b)Definition of
			 exterior deckSection 3523(l), as redesignated by section 2 of
			 this Act, is amended to read as follows—

					(l)Definition of
				exterior deckIn this section, the term exterior
				deck means any exterior weather deck on which a passenger may be
				present, including passenger stateroom balconies, exterior promenades on
				passenger decks, muster stations, and similar exterior weather deck
				areas.
					.
			9.Enforcement
			(a)Information
			 sharing
				(1)In
			 generalTo the extent not prohibited by other law, the head of a
			 designated agency shall make available to another head of a designated agency
			 any information necessary to carry out the provisions of subchapter II of
			 chapter 35 of title 46, United States Code. The provision by the head of a
			 designated agency of any information under this subsection to another head of a
			 designated agency shall not constitute a waiver, or otherwise effect, any
			 privilege any agency or person may claim with respect to that information under
			 Federal or State law.
				(2)Definition of
			 head of a designated agencyIn this subsection, the term
			 head of a designated agency means the Secretary of Transportation,
			 Secretary of Homeland Security, or Attorney General.
				(b)Passenger
			 vessel security and safety requirements; denial of entrySection
			 3523(h), as redesignated by section 2 of this Act, is amended—
				(1)by striking
			 paragraph (2);
				(2)by striking
			 Enforcement.— in the heading and inserting
			 Penalties.—;
				(3)by striking
			 (1) Penalties.— through (A)
			 Civil
			 penalty.— and inserting (1)
			 Civil
			 penalty.—; and
				(4)by redesignating
			 subparagraph (B) as paragraph (2).
				(c)Crime scene
			 preservation training; denial of entrySection 3523(f), as
			 redesignated by section 2 of this Act, is repealed.
			(d)EnforcementChapter
			 35, as amended by section 7 of this Act, is further amended by adding at the
			 end the following:

					3527.Refusal of
				clearance; denial of entry
						(a)ClearanceThe
				Secretary of Homeland Security may withhold or revoke the clearance required
				under section 60105 of any vessel of the owner of a vessel to which this
				subchapter applies, wherever the vessel is found, if the owner of the
				vessel—
							(1)commits an act or
				omission for which a penalty may be imposed under this subchapter; or
							(2)fails to pay a
				penalty imposed on the owner under this subchapter.
							(b)Denial of
				entryThe Secretary of the department in which the Coast Guard is
				operating may deny entry into the United States to a vessel to which this
				subchapter applies if the owner of the vessel—
							(1)commits an act or
				omission for which a penalty may be imposed under this subchapter; or
							(2)fails to pay a
				penalty imposed on the owner under this
				subchapter.
							.
			10.Technical and
			 conforming amendments
			(a)Application
				(1)Section 3523, as
			 redesignated by section 2 of this Act, is amended—
					(A)by striking
			 subsection (k); and
					(B)by redesignating
			 subsection (l), as amended by section 8 of this Act, as subsection (k).
					(2)Section 3523, as
			 redesignated by section 2 of this Act, is amended by striking to which
			 this section applies each place it appears and inserting to
			 which this subchapter applies.
				(3)Section 3524, as
			 redesignated by section 2 of this Act, is amended by striking to which
			 this section applies each place it appears and inserting to
			 which this subchapter applies.
				(b)Availability of
			 incident data via InternetSection 3523(g)(4), as redesignated
			 under section 2 of this Act, is repealed.
			(c)Elapsed
			 effective datesSection 3523(a), as amended by section 8 of this
			 Act, is further amended—
				(1)by striking
			 paragraph (3); and
				(2)by redesignating
			 paragraph (4) as paragraph (3).
				(d)ProceduresSection
			 3523(i), as redesignated by section 2 of this Act, is amended by striking
			 Within 6 months after the date of enactment of the Cruise Vessel
			 Security and Safety Act of 2010, the and inserting
			 The.
			(e)Table of
			 contentsThe table of contents for chapter 35 is amended—
				(1)by inserting
			 before the item relating to section 3501 the following:

							Subchapter I. General
				provisions

						;
				(2)by striking the
			 item relating to section 3507 and inserting the following:

							3523. Passenger vessel security
				and safety
				requirements.

						;
				(3)by striking the
			 item relating to section 3508 and inserting the following:

							3524. Crime scene preservation
				training for passenger vessel
				crewmembers.

						;
				(4)by inserting
			 after the item relating to section 3506 the following:

							Subchapter II. Cruise
				vessels

						;
				(5)by inserting
			 before the item relating to section 3523, the following:

							3521. Application.
							3522.
				Definitions.

						;

					and(6)by adding at the
			 end the following:

							3525. Passenger vessel consumer
				service improvements.
							3526. Assistance to victims of
				crimes on board certain passenger vessels.
							3527. Refusal of clearance;
				denial of
				entry.

						.
				11.Budget
			 complianceThe budgetary
			 effects of this Act, for the purpose of complying with the Statutory
			 Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
			 statement titled Budgetary Effects of PAYGO Legislation for this
			 Act, submitted for printing in the Congressional Record by the Chairman of the
			 Senate Budget Committee, provided that such statement has been submitted prior
			 to the vote on passage.


116 HR 6115 IH: Preparing Servicemembers for Success Act
U.S. House of Representatives
2020-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6115IN THE HOUSE OF REPRESENTATIVESMarch 5, 2020Mr. Latta (for himself, Mr. Chabot, Mr. Stewart, Mr. Gibbs, Mr. Weber of Texas, Mr. Amodei, Mr. Stivers, Mr. Rodney Davis of Illinois, and Mr. Reed) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo direct the Secretary of Defense to establish performance measures regarding the Credentialing Opportunities On-Line programs of the Armed Forces.1.Short titleThis Act may be cited as the Preparing Servicemembers for Success Act.2.FindingsCongress finds the following:(1)In October, 2016, the Comptroller General of the United States released a report detailing efforts of the Department of Defense to establish programs to assist members of the Armed Forces in obtaining information on professional credentials related to their military occupational specialties so the members may find employment after separating from the Armed Forces.(2)In such report, the Comptroller General found that the Department of Defense failed to develop performance measures to gauge the effectiveness of such programs.(3)The Secretary of Defense did not concur with the recommendation of the Comptroller General to develop and implement performance measures for the programs.(4)Since the release of such report, the Secretary has sought to improve opportunities for members of the Armed Forces to obtain professional credentials by establishing performance goals, such as the integration of relevant policy of the Department of Defense into the career investment portfolio concept, and the implementation and integration of certain programs into the Service Member Outcomes Portal.(5)Due to the lack of performance measures, entities interested in the success of members of the Armed Forces who separate from the Armed Forces, including veteran service organizations, potential employers, education officials, and Members of Congress, are unable to accurately gauge the success of the Credentialing Opportunities On-Line programs (hereinafter, COOL programs) of each Armed Force.3.Establishment of performance measures for the Credentialing Opportunities On-Line programs of the Armed Forces(a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish additional performance measures to evaluate the effectiveness of the COOL programs of each Armed Force in connecting members of the Armed Forces with professional credential programs. Such measures shall include the following:(1)The percentage of members of the Armed Force concerned described in section 1142(a) of title 10, United States Code, who participate in a professional credential program through the COOL program of the Armed Force concerned.(2)The percentage of members of the Armed Force concerned described in paragraph (1) who have completed a professional credential program described in that paragraph.(3)The percentage of members of the Armed Force concerned described in paragraphs (1) and (2) who are employed not later than one year after separation or release from the Armed Forces.(b)CoordinationTo carry out this section, the Secretary of Defense may coordinate with the Secretaries of Veterans Affairs and Labor.


		I
		112th CONGRESS
		1st Session
		H. R. 2739
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2011
			Mr. Connolly of
			 Virginia introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to extend for
		  one year the increased deduction for start-up expenditures.

		1.Short titleThis Act may be cited as the
			 Jump Start American Small Business
			 Innovation Act of 2011.
		2.Extension of increased
			 deduction for start-up expenditures
			(a)In
			 generalParagraph (3) of section 195(b) of the Internal Revenue
			 Code of 1986 is amended—
				(1)in the text by
			 striking 2010 and inserting 2010 or 2011,
			 and
				(2)in the heading by
			 striking 2010 and inserting 2010 or 2011.
				(b)Effective
			 dateThe amendment made by this section shall apply to amounts
			 paid or incurred in taxable years beginning after December 31, 2010.


		II

		109th CONGRESS

		1st Session

		S. 478

		IN THE SENATE OF THE UNITED STATES

			March 1, 2005

			Mr. Leahy introduced the

			 following bill; which was read twice and referred to the

			 Committee on Environment and Public

			 Works

		A BILL

		To designate the annex to the E. Barrett

		  Prettyman Federal Building and United States Courthouse located at 333

		  Constitution Avenue Northwest in the District of Columbia as the ‘‘William B.

		  Bryant Annex’’.

			1.

			Designation

			The annex to the E. Barrett

			 Prettyman Federal Building and United States Courthouse located at Constitution

			 Avenue Northwest in the District of Columbia shall be known and designated as

			 the William B. Bryant Annex.

			2.

			References

			Any reference in a law, map,

			 regulation, document, paper, or other record of the United States to the annex

			 referred to in section 1 shall be deemed to be a reference to the

			 William B. Bryant Annex.

			3.

			Effective Date

			This Act takes effect on the

			 date on which William B. Bryant, a senior judge for the United States District

			 Court for the District of Columbia, relinquishes or otherwise ceases to hold a

			 position as a judge under article III of the Constitution.


110 HR 4466 IH: To extend the temporary suspension of duty on formulated

U.S. House of Representatives
2007-12-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 4466
		IN THE HOUSE OF REPRESENTATIVES

			December 12, 2007
			Mr. Bishop of Georgia
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on formulated
		  product KROVAR IDF.

		1.formulated product KROVAR
			 IDF
			(a)In
			 generalHeading 9902.13.27 of
			 the Harmonized Tariff Schedule of the United States is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.


109 HRES 909 IH: Encouraging the United States financial

U.S. House of Representatives
2006-07-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		109th CONGRESS
		2d Session
		H. RES. 909
		IN THE HOUSE OF REPRESENTATIVES

			July 11, 2006
			Mr. Price of Georgia
			 (for himself, Mrs. Kelly, and
			 Mr. Scott of Georgia) submitted the
			 following resolution; which was referred to the
			 Committee on Financial
			 Services, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		RESOLUTION
		Encouraging the United States financial
		  services industry to develop, test, and implement systemic plans to address the
		  challenges and risks posed by pandemic or bioterrorism events to the national
		  and international economies, and for other purposes.

		Whereas the ongoing and uninterrupted operation of the
			 national and international financial system is essential to the national
			 economic security and economy of the United States;
		Whereas difficult challenges to the ongoing and
			 uninterrupted operation of the national and international financial system may
			 be posed by pandemic or bioterrorism events;
		Whereas such difficult challenges may include widespread
			 absenteeism among workers and the loss of critical infrastructure support
			 services;
		Whereas such difficult challenges may also include
			 diminution of the liquidity, financial integrity, financial results, and
			 stability of financial services providers, participants, and markets resulting
			 in disruption of capital flows, global asset reallocations, and asset and
			 equity price declines;
		Whereas any disruption of the operation of the national
			 and international financial system might deprive businesses, consumers, and
			 investors of access to cash, credit, financial assets and related information
			 necessary to the effective functioning of the national and international
			 economies;
		Whereas important and commendable progress by national and
			 international financial system participants has been made in providing for the
			 resiliency of the national and international financial system;
		Whereas continued progress in such preparation is needed
			 in order to meet the significant and unprecedented challenges posed by pandemic
			 or bioterrorism events;
		Whereas that continued progress should include contingency
			 and other plans to support the rapid recovery of businesses, consumers and
			 investors who may suffer adverse economic consequences from pandemic or
			 bioterrorism events; and
		Whereas time is of the essence in developing those plans
			 in order to protect the economy and national economic security of the United
			 States: Now, therefore, be it

		That—
			(1)all participants in the United States
			 financial services industry are encouraged to develop, test, and implement
			 systemic plans to address the challenges and risks posed by pandemic or
			 bioterrorism events to the national and international economies;
			(2)such plans should
			 encompass, as applicable—
				(A)financial
			 institutions;
				(B)financial systems
			 and markets; and
				(C)businesses,
			 consumers, and investor levels; and
				(3)all citizens of
			 the United States are encouraged to—
				(A)become informed
			 about the financial and other risks of pandemic and bioterrorism events;
				(B)consider how those
			 risks may affect them as individuals, families, business people, and consumers;
			 and
				(C)prepare appropriate plans and responses for
			 potential pandemic and bioterrorism events.


115 S1414 IS: Securing the Homeland by Increasing our Power on the Seas Act
U.S. Senate
2017-06-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 1414
		IN THE SENATE OF THE UNITED STATES

			June 22, 2017
			Mr. Wicker (for himself, Mrs. Shaheen, Mr. Kaine, Mr. King, Mr. Blumenthal, Mr. Tillis, Mr. Cochran, Mr. Strange, Ms. Collins, Mr. Inhofe, Mr. Perdue, Mr. Cotton, Mr. Rounds, Mr. Sullivan, Ms. Hirono, Mr. Roberts, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Armed Services

		A BILL
		To state the policy of the United States on the minimum number of available battle force ships.

 1.Short titleThis Act may be cited as the Securing the Homeland by Increasing our Power on the Seas Act or SHIPS Act. 2.Policy of the United States on minimum number of battle force shipsIt shall be the policy of the United States to have available, as soon as practicable, not fewer than 355 battle force ships, comprised of the optimal mix of platforms, with funding subject to the annual authorization of appropriation and the annual appropriation of funds.


 HJ 76 ENR: Emergency Supplemental Appropriations Resolution, 2014
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IA
One Hundred Thirteenth Congress of the United States of America
At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. J. RES. 76

JOINT RESOLUTION
Making an emergency supplemental appropriation for the fiscal year ending September 30, 2014, to provide funding to Israel for the Iron Dome defense system to counter short-range rocket threats.

That
 the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2014, and for other purposes, namely:DEPARTMENT OF DEFENSEPROCUREMENTProcurement, defense-wideFor an additional amount for Procurement, Defense-Wide, $225,000,000, to remain available until September 30, 2015, which shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats: Provided, That such funds shall be transferred immediately only through an exchange of letters to address emergent operations in support of Operation Protective Edge, notwithstanding section 3.1.3.2.1 of the U.S.-Israel Iron Dome Procurement Agreement: Provided further, That nothing in this paragraph shall be construed to apply to previously appropriated funds for the procurement of Iron Dome: Provided further, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.This joint resolution may be cited as the Emergency Supplemental Appropriations Resolution, 2014.

Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 3520 IH: Federal Judgeship and Administrative Efficiency Act of 2007
U.S. House of Representatives
2007-09-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 3520
IN THE HOUSE OF REPRESENTATIVES

September 10, 2007
Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide for the appointment of additional Federal circuit and district judges, to improve the administration of justice, and for other purposes.

1.Short titleThis Act may be cited as the Federal Judgeship and Administrative Efficiency Act of 2007.
2.Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—CIRCUIT AND DISTRICT JUDGESHIPS
Sec. 101. Short title.
Sec. 102. Circuit judges for the circuit courts of appeals.
Sec. 103. District judges for the district courts.
Sec. 104. Establishment of article III court in the Virgin Islands.
Sec. 105. Effective date.
TITLE II—BANKRUPTCY JUDGESHIPS
Sec. 201. Short title.
Sec. 202. Authorization for additional bankruptcy judgeships.
Sec. 203. Temporary bankruptcy judgeships.
Sec. 204. Conversion of existing temporary bankruptcy judgeships.
Sec. 205. General provisions.
Sec. 206. Effective date.
TITLE III—NINTH CIRCUIT REORGANIZATION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Number and composition of circuits.
Sec. 304. Number of circuit judges.
Sec. 305. Places of circuit court.
Sec. 306. Assignment of circuit judges.
Sec. 307. Election of assignment by senior judges.
Sec. 308. Seniority of judges.
Sec. 309. Application to cases.
Sec. 310. Temporary assignment of circuit judges among circuits.
Sec. 311. Temporary assignment of district judges among circuits.
Sec. 312. Administration.
Sec. 313. Effective date.
TITLE IV—AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
ICIRCUIT AND DISTRICT JUDGESHIPS
101.Short titleThis title may be cited as the Federal Judgeship Act of 2007.
102.Circuit judges for the circuit courts of appeals
(a)In GeneralThe President shall appoint, by and with the advice and consent of the Senate—
(1)1 additional circuit judge for the first circuit court of appeals;
(2)2 additional circuit judges for the second circuit court of appeals;
(3)1 additional circuit judge for the sixth circuit court of appeals; and
(4)5 additional circuit judges for the ninth circuit court of appeals, whose official duty station shall be in California.
(b)Temporary Judgeships
(1)In generalThe President shall appoint, by and with the advice and consent of the Senate—
(A)1 additional circuit judge for the eighth circuit court of appeals; and
(B)2 additional circuit judges for the ninth circuit court of appeals, whose official duty station shall be in California.
(2)Vacancies
(A)Eighth circuitThe first vacancy in the office of circuit judge in the eighth circuit court of appeals, occurring 10 years or more after the confirmation date of the judge named to fill the circuit judgeship created in that circuit by paragraph (1)(A) shall not be filled.
(B)Ninth circuitThe first 2 vacancies in the office of circuit judge in the ninth circuit court of appeals, occurring 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by paragraph (1)(B) shall not be filled.
(c)Table of JudgeshipsIn order that the table contained in section 44 of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships authorized under subsection (a) of this section, such table is amended to read as follows:

Number of
CircuitsJudges

District of Columbia12
First7
Second15
Third14
Fourth15
Fifth17
Sixth17
Seventh11
Eighth11
Ninth33
Tenth12
Eleventh12
Federal12    .
103.District judges for the district courts
(a)In GeneralThe 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)4 additional district judges for the district of Arizona;
(3)3 additional district judges for the northern district of California;
(4)4 additional district judges for the eastern district of California;
(5)4 additional district judges for the central district of California;
(6)1 additional district judge for the southern district of California;
(7)1 additional district judge for the district of Colorado;
(8)4 additional district judges for the middle district of Florida;
(9)3 additional district judges for the southern district of Florida;
(10)1 additional district judge for the district of Idaho;
(11)1 additional district judge for the northern district of Illinois;
(12)1 additional district judge for the southern district of Indiana;
(13)1 additional district judge for the western district of Missouri;
(14)1 additional district judge for the district of Nebraska;
(15)1 additional district judge for the district of Nevada;
(16)1 additional district judge for the district of New Mexico;
(17)3 additional district judges for the eastern district of New York;
(18)1 additional district judge for the western district of New York;
(19)1 additional district judge for the district of Oregon;
(20)1 additional district judge for the district of South Carolina;
(21)3 additional district judges for the southern district of Texas;
(22)2 additional district judges for the eastern district of Virginia; and
(23)1 additional district judge for the western district of Washington.
(b)Temporary Judgeships
(1)In generalThe President shall appoint, by and with the advice and consent of the Senate—
(A)1 additional district judge for the middle district of Alabama;
(B)1 additional district judge for the district of Arizona;
(C)1 additional district judge for the northern district of California;
(D)1 additional district judge for the district of Colorado;
(E)1 additional district judge for the middle district of Florida;
(F)1 additional district judge for the northern district of Iowa;
(G)1 additional district judge for the district of Minnesota;
(H)1 additional district judge for the district of New Jersey;
(I)1 additional district judge for the district of New Mexico;
(J)1 additional district judge for the southern district of Ohio;
(K)1 additional district judge for the district of Oregon; and
(L)1 additional district judge for the district of Utah.
(2)Vacancies not filledThe first vacancy in the office of district judge in each of the judicial districts named in paragraph (1) occurring 10 years or more after the confirmation date of the judge named to fill the district judgeship created in that district by paragraph (1) shall not be filled.
(c)Existing Judgeships
(1)Permanent judgeshipsThe existing judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note) shall, as of the effective date of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act.
(2)Extension of temporary judgeshipSection 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note) is amended in the fifth sentence (relating to the northern district of Ohio) by striking 15 years and inserting 20 years.
(d)Table of JudgeshipsIn order that the table contained in section 133(a) of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized under subsections (a) and (c) of this section, such table is amended to read as follows:

DistrictsJudges

Alabama:
Northern8
Middle3
Southern3
Alaska3
Arizona16
Arkansas:
Eastern5
Western3
California:
Northern17
Eastern10
Central31
Southern14
Colorado8
Connecticut8
Delaware4
District of Columbia15
Florida:
Northern4
Middle19
Southern20
Georgia:
Northern11
Middle4
Southern3
Hawaii4
Idaho3
Illinois:
Northern23
Central4
Southern4
Indiana:
Northern5
Southern6
Iowa:
Northern2
Southern3
Kansas6
Kentucky:
Eastern5
Western4
Eastern and Western1
Louisiana:
Eastern12
Middle3
Western7
Maine3
Maryland10
Massachusetts13
Michigan:
Eastern15
Western4
Minnesota7
Mississippi:
Northern3
Southern6
Missouri:
Eastern7
Western6
Eastern and Western2
Montana3
Nebraska4
Nevada8
New Hampshire3
New Jersey17
New Mexico7
New York:
Northern5
Southern28
Eastern18
Western5
North Carolina:
Eastern4
Middle4
Western4
North Dakota2
Ohio:
Northern11
Southern8
Oklahoma:
Northern3
Eastern1
Western6
Northern, Eastern, and Western1
Oregon7
Pennsylvania:
Eastern22
Middle6
Western10
Puerto Rico7
Rhode Island3
South Carolina11
South Dakota3
Tennessee:
Eastern5
Middle4
Western5
Texas:
Northern12
Southern22
Eastern7
Western13
Utah5
Vermont2
Virginia:
Eastern13
Western4
Washington:
Eastern4
Western8
West Virginia:
Northern3
Southern5
Wisconsin:
Eastern5
Western2
Wyoming3. .
104.Establishment of article III court in the Virgin Islands
(a)Establishment of Judicial District
(1)Virgin islandsChapter 5 of title 28, United States Code, is amended by inserting after section 126 the following new section:

126A.Virgin IslandsThe Virgin Islands constitutes 1 judicial district comprising 2 divisions.
(1)The Saint Croix Division comprises the Island of Saint Croix and adjacent islands and cays. Court for the Saint Croix Division shall be held at Christiansted.
(2)The Saint Thomas and Saint John Division comprises the Islands of Saint Thomas and Saint John and adjacent islands and cays.
Court for the Saint Thomas and Saint John Division shall be held at Charlotte-Amalie..
(2)Technical and conforming amendmentThe table of contents for chapter 5 of title 28, United States Code, is amended by inserting after the item relating to section 126 the following:

126A. Virgin Islands.  .
(b)Number of JudgesThe table contained in section 133(a) of title 28, United States Code, is amended by inserting after the item relating to Vermont the following:

Virgin Islands2  .
(c)Bankruptcy JudgesThe table contained in section 152(a)(2) of title 28, United States Code, is amended by inserting after the item relating to Vermont the following:

Virgin Islands0  .
(d)Judicial Conferences of CircuitsSection 333 of title 28, United States Code, is amended in the third sentence of the first undesignated paragraph—
(1)by striking , the District Court of the Virgin Islands,; and
(2)by striking to the conferences of their respective circuits and inserting to the conference of the ninth circuit.
(e)Judges in Territories and PossessionsSection 373 of title 28, United States Code, is amended—
(1)in subsection (a), by striking , the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands and inserting or the District Court of the Northern Mariana Islands; and
(2)in subsection (e), by striking , the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands and inserting or the District Court of the Northern Mariana Islands.
(f)Annuities for Survivors of Certain Judicial Officials of the United StatesSection 376(a) of title 28, United States Code, is amended—
(1)in paragraph (1)(B), by striking , the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands and inserting or the District Court of the Northern Mariana Islands; and
(2)in paragraph (2)(B), by striking , the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands and inserting or the District Court of the Northern Mariana Islands.
(g)Authority of Attorney GeneralSection 526(a)(2) of title 28, United States Code, is amended by striking and of the district court of the Virgin Islands.
(h)Courts DefinedSection 610 of title 28, United States Code, is amended—
(1)by striking the United States District Court for the District of the Canal Zone,; and
(2)by striking the District Court of the Virgin Islands,.
(i)United States Magistrate JudgesSection 631(a) of title 28, United States Code, is amended—
(1)in the first sentence, by striking the Virgin Islands, Guam, and inserting Guam; and
(2)in the second sentence, by striking the Virgin Islands, Guam, and inserting Guam.
(j)Court ReportersSection 753(a) of title 28, United States Code, is amended by striking , the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands and inserting and the District Court of Guam.
(k)Final Decisions of District CourtsSection 1291 of title 28, United States Code, is amended by striking , the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, and inserting and the District Court of Guam,.
(l)Interlocutory DecisionsSection 1292 of title 28, United States Code, is amended—
(1)in subsection (a), by striking , the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, and inserting and the District Court of Guam,; and
(2)in subsection (d)(4)(A), by striking the District Court of the Virgin Islands,.
(m)Jurisdiction of the United States Court of Appeals for the Federal CircuitSection 1295(a) of title 28, United States Code, is amended in paragraphs (1) and (2)—
(1)by striking the United States District Court for the District of the Canal Zone,; and
(2)by striking the District Court of the Virgin Islands,.
(n)United States as DefendantSection 1346(b)(1) of title 28, United States Code, is amended by striking , together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands,.
(o)Adequate Representation of DefendantsSection 3006A(j) of title 18, United States Code, is amended by striking the District Court of the Virgin Islands,.
(p)Savings Provisions
(1)Tenure of incumbent judgesA judge of the District Court of the Virgin Islands in office on the effective date of this section shall continue in office until the expiration of the term for which the judge was appointed, or until the judge dies, resigns, or is removed from office, whichever occurs first. When a vacancy occurs on the court on or after the effective date of this section, the President, in accordance with section 133(a) of title 28, United States Code, shall appoint, by and with the advice and consent of the Senate, a district judge for the District of the Virgin Islands.
(2)Retirement rights and benefitsThe amendments made by this section shall not affect the rights under sections 373 and 376 of title 28, United States Code, of any judge of the District Court of the Virgin Islands who retires on or before the effective date of this section or who continues in office after that date under paragraph (1) of this subsection. Service as a judge of the District Court of the Virgin Islands appointed under section 24 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614) shall be included in calculating service under sections 371 and 372 of title 28, United States Code, and shall not be counted for purposes of section 373 of that title, if the judge is reappointed, after the effective date of this section, under section 133(a) of title 28, United States Code, as district judge for the District of the Virgin Islands.
(q)Amendments to Revised Organic Act of the Virgin Islands
(1)RepealsSections 24, 25, 26, and 27 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614, 1615, 1616 and 1617) are repealed.
(2)Rights and prohibitionsSection 3 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1561) is amended in the 23d undesignated paragraph—
(A)by inserting article III; after section 9, clauses 2 and 3; and
(B)by striking That all offenses against the laws of the United States and all that follows through section 22(b) of this Act or and inserting That all offenses against the laws of the Virgin Islands which are prosecuted.
(3)JurisdictionSection 21 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1611) is amended to read as follows:

21.Jurisdiction of the courts of the Virgin Islands
(a)Jurisdiction of the Courts of the Virgin IslandsThe judicial power of the Virgin Islands shall be vested in such trial and appellate courts as may have been or may hereafter be established by local law. The local courts of the Virgin Islands shall have jurisdiction over all causes of action in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction.
(b)Practice and ProcedureThe rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts. .
(4)Income tax mattersSection 22 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1612) is amended to read as follows:

22.Jurisdiction over income tax mattersThe United States District Court for the District of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of subtitle F of the Internal Revenue Code of 1986 shall constitute an offense against the Government of the Virgin Islands and may be prosecuted in the name of the Government of the Virgin Islands by the appropriate officers thereof in the United States District Court for the District of the Virgin Islands without the request or consent of the United States attorney for the Virgin Islands. .
(5)Appellate jurisdictionSection 23A of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613a) is amended—
(A)by striking District Court of the Virgin Islands each place it appears and inserting United States District Court for the District of the Virgin Islands; and
(B)in subsection (b), by striking pursuant to section 24(a) of this Act: Provided, That no more than one of them may be a judge of a court established by local law. and inserting pursuant to chapter 13 of title 28, United States Code, or a recalled senior judge of the former District Court of the Virgin Islands. The chief judge of the United States Court of Appeals for the Third Circuit may assign to the appellate division a judge of a court of record of the Virgin Islands, except that no more than 1 of the judges sitting in the appellate division at any session may be a judge of a court established by local law..
(r)Additional ReferencesAny reference in any provision of law to the District Court of the Virgin Islands shall, on and after the effective date of this section, be deemed to be a reference to the United States District Court for the District of the Virgin Islands.
(s)Effective DateThis section and the amendments made by this section shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act. Any complaint or proceeding pending in the District Court of the Virgin Islands on the effective date of this section may be pursued to final determination in the United States District Court for the District of the Virgin Islands, the United States Court of Appeals for the Third Circuit, the United States Court of Appeals for the Federal Circuit, and the Supreme Court of the United States.
105.Effective dateExcept as provided in section 104(s), this title and the amendments made by this title shall take effect on the date of the enactment of this Act.
IIBANKRUPTCY JUDGESHIPS
201.Short titleThis title may be cited as the Enhanced Bankruptcy Judgeship Act of 2007.
202.Authorization for additional bankruptcy judgeshipsThe following judgeships shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:
(1)1 additional bankruptcy judgeship for the eastern and western districts of Arkansas.
(2)1 additional bankruptcy judgeship for the eastern district of California.
(3)2 additional bankruptcy judgeships for the middle district of Florida.
(4)2 additional bankruptcy judgeships for the northern district of Georgia.
(5)1 additional bankruptcy judgeship for the southern district of Georgia.
(6)1 additional bankruptcy judgeship for the eastern district of Kentucky.
(7)1 additional bankruptcy judgeship for the district of Maryland.
(8)3 additional bankruptcy judgeships for the eastern district of Michigan.
(9)1 additional bankruptcy judgeship for the southern district of New York.
(10)1 additional bankruptcy judgeship for the western district of Pennsylvania.
(11)1 additional bankruptcy judgeship for the western district of Tennessee.
(12)1 additional bankruptcy judgeship for the eastern district of Texas.
(13)1 additional bankruptcy judgeship for the district of Utah.
203.Temporary bankruptcy judgeships
(a)Authorization for Additional Temporary Bankruptcy JudgeshipsThe following judgeships shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:
(1)1 additional bankruptcy judgeship for the northern district of Florida.
(2)2 additional bankruptcy judgeships for the middle district of Florida.
(3)1 additional bankruptcy judgeship for the northern district of Indiana.
(4)1 additional bankruptcy judgeship for the northern district of Mississippi.
(5)1 additional bankruptcy judgeship for the district of Nevada.
(6)1 additional bankruptcy judgeship for the western district of North Carolina.
(7)1 additional bankruptcy judgeship for the southern district of Ohio.
(b)Vacancies
(1)Districts with single appointmentsExcept as provided in paragraph (2), the first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in subsection (a)—
(A)occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a) to such office, and
(B)resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
(2)Middle district of floridaThe 1st and 2d vacancies in the office of bankruptcy judge in the middle district of Florida—
(A)occurring 5 years or more after the respective 1st and 2d appointment dates of the bankruptcy judges appointed under subsection (a)(2), and
(B)resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
(c)Eligibility for Subsequent AppointmentsA judge holding office in any of the districts enumerated in subsection (a) shall, at the expiration of the term of the judge (other than by reason of paragraph (1)(B) or (2)(B) of subsection (b)), be eligible for reappointment as a bankruptcy judge in that district.
204.Conversion of existing temporary bankruptcy judgeships
(a)Judgeships Authorized by Public Law 102–361The following temporary bankruptcy judgeships authorized by the following paragraphs of section 3(a) of Public Law 102–361, as amended by section 307 of Public Law 104–317 (28 U.S.C. 152 note), are converted to permanent bankruptcy judgeships under section 152(a)(2) of title 28, United States Code:
(1)The temporary bankruptcy judgeship for the district of Delaware authorized by paragraph (3).
(2)The temporary bankruptcy judgeship for the southern district of Illinois authorized by paragraph (4).
(3)The temporary bankruptcy judgeship for the district of Puerto Rico authorized by paragraph (7).
(b)Judgeships Authorized by Public Law 109–8The following temporary bankruptcy judgeships authorized by the following subparagraphs of section 1223(b)(1) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Public Law 109–8), are converted to permanent bankruptcy judgeships under section 152(a)(2) of title 28, United States Code:
(1)The 4 temporary bankruptcy judgeships for the district of Delaware authorized by subparagraph (C).
(2)The temporary bankruptcy judgeship for the southern district of Georgia authorized by subparagraph (E).
(3)One of the 3 temporary bankruptcy judgeships for the district of Maryland authorized by subparagraph (F).
(4)The temporary bankruptcy judgeship for the eastern district of Michigan authorized by subparagraph (G).
(5)The temporary bankruptcy judgeship for the district of New Jersey authorized by subparagraph (I).
(6)The temporary bankruptcy judgeship for the northern district of New York authorized by subparagraph (K).
(7)The temporary bankruptcy judgeship for the southern district of New York authorized by subparagraph (L).
(8)The temporary bankruptcy judgeship for the eastern district of North Carolina authorized by subparagraph (M).
(9)The temporary bankruptcy judgeship for the eastern district of Pennsylvania authorized by subparagraph (N).
(10)The temporary bankruptcy judgeship for the district of South Carolina authorized by subparagraph (S).
(11)The temporary bankruptcy judgeship for the western district of Tennessee authorized by subparagraph (Q).
205.General provisions
(a)Table of JudgeshipsIn order that the table contained in section 152(a)(2) of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of bankruptcy judgeships authorized under sections 202 and 204, such table is amended to read as follows:

DistrictsJudges

Alabama:
Northern5
Middle2
Southern2
Alaska2
Arizona7
Arkansas:
Eastern and Western4
California:
Northern9
Eastern7
Central21
Southern4
Colorado5
Connecticut3
Delaware6
District of Columbia1
Florida:
Northern1
Middle10
Southern5
Georgia:
Northern10
Middle3
Southern4
Hawaii1
Idaho2
Illinois:
Northern10
Central3
Southern2
Indiana:
Northern3
Southern4
Iowa:
Northern2
Southern2
Kansas4
Kentucky:
Eastern3
Western3
Louisiana:
Eastern2
Middle1
Western3
Maine2
Maryland6
Massachusetts5
Michigan:
Eastern8
Western3
Minnesota4
Mississippi:
Northern1
Southern2
Missouri:
Eastern3
Western3
Montana1
Nebraska2
Nevada3
New Hampshire1
New Jersey9
New Mexico2
New York:
Northern3
Southern11
Eastern6
Western3
North Carolina:
Eastern3
Middle2
Western2
North Dakota1
Ohio:
Northern8
Southern7
Oklahoma:
Northern2
Eastern1
Western3
Oregon5
Pennsylvania:
Eastern6
Middle2
Western5
Puerto Rico3
Rhode Island1
South Carolina3
South Dakota2
Tennessee:
Eastern3
Middle3
Western6
Texas:
Northern6
Eastern3
Southern6
Western4
Utah4
Vermont1
Virgin Islands0
Virginia:
Eastern5
Western3
Washington:
Eastern2
Western5
West Virginia:
Northern1
Southern1
Wisconsin:
Eastern4
Western2
Wyoming1..
(b)Sense of CongressIt is the sense of the Congress that bankruptcy judges in the eastern district of California should conduct bankruptcy proceedings on a daily basis in Bakersfield, California.
206.Effective dateThis title and the amendments made by this title shall take effect on the date of the enactment of this Act.
IIININTH CIRCUIT REORGANIZATION
301.Short titleThis title may be cited as the Judicial Administration and Improvements Act of 2007.
302.DefinitionsIn this title:
(1)Former ninth circuitThe 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 title.
(2)New ninth circuitThe term new ninth circuit means the ninth judicial circuit of the United States established by the amendment made by section 303(2)(A).
(3)Twelfth circuitThe term twelfth circuit means the twelfth judicial circuit of the United States established by the amendment made by section 303(2)(B).
303.Number and composition of circuitsSection 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.    .
304.Number of circuit judgesThe table contained in section 44(a) of title 28, United States Code, as amended by section 102(c) of this Act, is further amended—
(1)by striking the item relating to the ninth circuit and inserting the following:

Ninth19  ; and
(2)by inserting after the item relating to the eleventh circuit the following:

Twelfth14  .
305.Places of circuit courtThe 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, Pasadena, San Francisco.    . and
(2)by inserting after the item relating to the eleventh circuit the following:

TwelfthLas Vegas, Missoula, Phoenix, Portland, Seattle.    .
306.Assignment of circuit judgesEach 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 title—
(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.
307.Election of assignment by senior judgesEach judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this title 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.
308.Seniority of judges
The seniority of each judge—
(1)who is assigned under section 306, or
(2)who elects to be assigned under section 307, shall run from the date of commission of such judge as a judge of the former ninth circuit.
309.Application to casesThe following apply to any case in which, on the day before the effective date of this title, 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 title 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 title 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 title, the petition shall be considered by the court of appeals to which it would have been submitted had this title been in full force and effect at the time that the appeal or other proceeding was filed with the court of appeals.
310.Temporary assignment of circuit judges among circuitsSection 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. .
311.Temporary assignment of district judges among circuitsSection 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. .
312.AdministrationThe court of appeals for the ninth circuit as constituted on the day before the effective date of this title may take such administrative action as may be required to carry out this title and the amendments made by this title. Such court shall cease to exist for administrative purposes 2 years after the date of the enactment of this Act.
313.Effective dateThis title and the amendments made by this title shall take at the end of the 1-year period beginning on the date of the enactment of this Act.
IVAUTHORIZATION OF APPROPRIATIONS
401.Authorization of appropriationsThere are authorized to be appropriated for each of fiscal years 2008 through 2011 such sums as are necessary to carry out this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act. Funds appropriated pursuant to this section in any fiscal year shall remain available until expended.


		III

		109th CONGRESS

		1st Session

		S. RES. 14

		IN THE SENATE OF THE UNITED STATES

			January 26, 2005

			Mr. Chambliss, from the

			 Committee on Agriculture, Nutrition, and Forestry, reported the following

			 original resolution; which was referred to the

			 Committee on Rules and

			 Administration

		RESOLUTION

		Authorizing expenditures by the Committee

		  on Agriculture, Nutrition, and Forestry.

		That, in carrying out its powers,

			 duties, and functions under the Standing Rules of the Senate, in accordance

			 with its jurisdiction under rule XXV of such rules, including holding hearings,

			 reporting such hearings, and making investigations as authorized by paragraphs

			 1 and 8 of rule XXVI of the Standing Rules of the Senate, the Committee on

			 Agriculture, Nutrition, and Forestry is authorized from March 1, 2005, through

			 September 30, 2005; October 1, 2005 to September 30, 2006; and October 1, 2006

			 through February 28, 2007, in its discretion (1) to make expenditures from the

			 contingent fund of the Senate, (2) to employ personnel, and (3) with the prior

			 consent of the Government department or agency concerned and the Committee on

			 Rules and Administration, to use on a reimbursable or non-reimbursable basis

			 the services of personnel of any such department or agency.

		2.(a)The expenses of the

			 committee for the period March 1, 2005, through September 30, 2005, under this

			 resolution shall not exceed $2,090,901, of which amount (1) not to exceed

			 $150,000 may be expended for the procurement of the services of individual

			 consultants, or organizations thereof (as authorized by section 202(i) of the

			 Legislative Reorganization Act of 1946, as amended), and (2) not to exceed

			 $40,000 may be expended for the training of the professional staff of such

			 committee (under procedures specified by section 202(j) of the Legislative

			 Reorganization Act of 1946).

			(b)For the period

			 October 1, 2005, through September 30, 2006, expenses of the committee under

			 this resolution shall not exceed $3,670,623, of which amount (1) not to exceed

			 $150,000 may be expended for the procurement of the services of individual

			 consultants, or organizations thereof (as authorized by section 202(i) of the

			 Legislative Reorganization Act of 1946, as amended), and (2) not to exceed

			 $40,000 may be expended for the training of the professional staff of such

			 committee (under procedures specified by section 202(j) of the Legislative

			 Reorganization Act of 1946).

			(c)For the period

			 October 1, 2006, through February 28, 2007, expenses of the committee under

			 this resolution shall not exceed $1,562,289, of which amount (1) not to exceed

			 $150,000 may be expended for the procurement of the services of individual

			 consultants, or organizations thereof (as authorized by section 202(i) of the

			 Legislative Reorganization Act of 1946, as amended), and (2) not to exceed

			 $40,000 may be expended for the training of the professional staff of such

			 committee (under procedures specified by section 202(j) of the Legislative

			 Reorganization Act of 1946).

			3.The committee shall report its findings,

			 together with such recommendations for legislation as it deems advisable, to

			 the Senate at the earliest practicable date, but not later than February 28,

			 2007.

		4.Expenses of the committee under this

			 resolution shall be paid from the contingent fund of the Senate upon vouchers

			 approved by the chairman of the committee, except that vouchers shall not be

			 required (1) for the disbursement of salaries of employees paid at an annual

			 rate, or (2) for the payment of telecommunications provided by the Office of

			 the Sergeant at Arms and Doorkeeper, United States Senate, or (3) for the

			 payment of stationery supplies purchased through the Keeper of the Stationery,

			 United States Senate, or (4) for payments to the Postmaster, United States

			 Senate, or (5) for the payment of metered charges on copying equipment provided

			 by the Office of the Sergeant at Arms and Doorkeeper, United States Senate, or

			 (6) for the payment of Senate Recording and Photographic Services or (7) for

			 payment of franked and mass mail costs by the Sergeant at Arms and Doorkeeper,

			 United States Senate.

		5.There are authorized such sums as may be

			 necessary for agency contributions related to the compensation of employees of

			 the committee from March 1, 2005, through September 30, 2005; October 1, 2005,

			 through September 30, 2006; and October 1, 2006, through February 28, 2007 to

			 be paid from the Appropriations account for Expenses of Inquiries and

			 Investigations.


		II
		110th CONGRESS
		1st Session
		S. 1311
		IN THE SENATE OF THE UNITED
		  STATES

			May 4, 2007
			Mr. Kerry introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To permanently prohibit oil and gas leasing
		  in the North Aleutian Basin Planning Area, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Bristol Bay Protection
			 Act.
		2.Prohibition of oil and gas leasing in
			 certain areas of the outer Continental ShelfSection 8 of the Outer Continental Shelf
			 Lands Act (43 U.S.C. 1337) is amended by adding at the end the
			 following:

				(q)Prohibition of oil and gas leasing in
				certain areas of the outer Continental Shelf
					(1)In generalNotwithstanding any other provision of this
				Act or any other law and except as provided in paragraph (2), beginning on the
				date of enactment of this subsection, the conduct of oil and gas preleasing,
				leasing, and related activities is prohibited in areas of the outer Continental
				Shelf located in the North Aleutian Basin Planning Area.
					(2)EffectNothing in this subsection affects any
				rights under any lease issued under this Act before the date of enactment of
				this
				subsection.
					.
		3.Exclusion from comprehensive inventory of
			 outer Continental Shelf oil and natural gas resourcesSection 357(a) of the Energy Policy Act of
			 2005 (42 U.S.C. 15912(a)) is amended by inserting after Continental
			 Shelf the following: (other than the North Aleutian Basin
			 Planning Area referred to in section 8(q)(1) of the Outer Continental Shelf
			 Lands Act (43 U.S.C. 1337 (q)(1))).