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[Q]: SECTION 1. CONSERVATION FLEX PROGRAM OPTION.

(a) Establishment of Program.--The Agricultural Act of 1949 is
amended by inserting after section 115 (7 U.S.C. 1445k) the following
new section:
''SEC. 116. CONSERVATION FLEX PROGRAM OPTION.

''(a) Establishment.--The Secretary shall establish a voluntary
conservation flex program option to assist producers of agricultural
commodities in adopting integrated, site-specific farm management plans
through the reduction of farm program barriers to resource stewardship
practices and systems.
''(b) Definitions.--For the purposes of this section:
''(1) The term 'program' means the conservation flex
program option established under this section.
''(2) The term 'plan' means a site-specific farm management
plan prepared by the producer and approved by the Secretary.
''(3) The term 'alternative crops' means experimental and
industrial crops which conserve soil and water.
''(4) The term 'breeding cattle' means bulls, dams, and
heifers held solely for the production of calves, but shall not
include weaned calves being grown for slaughter or dairy
cattle.
''(5) The term 'legume' means any legume, including
alfalfa, clover, lentils, lupine, medic, peas, soybeans, and
vetch grown for use as a forage, green manure, or biomass
feedstock, but not including any pulse crop from which the
seeds are harvested and sold for purposes other than use as
seed for planting.
''(6) The term 'resource-conserving crop' means legumes,
grasses, brassica cover crops and forages, alternative crops,
any interseeded or relay-planted combination of such crops, any
interseeded or relay-planted combination of such crops and
small grains, and such other crops as the Secretary may
designate.
''(7) The term 'resource-conserving crop rotation' means a
crop rotation which includes at least one resource-conserving
crop and that reduces erosion, maintains or improves soil
fertility, tilth and structure, interrupts pest cycles, or
conserves water.
''(8) The term 'rotational grazing' means planting forage,
dividing pastures into paddocks, and using grazing rotations to
increase forage quality and production, improve vegetative
cover, and reduce sediment and nutrient runoff.
''(9) The term 'small grains' means any small grain,
including barley, buckwheat, oats, rye, spelt, and triticale,
but not including wheat, except for wheat grown for nonhuman
consumption.
''(10) The term 'special conservation practices' means
field borders, contour grass strips, grass waterways, filter
strips, grass windbreaks, buffer areas, wildlife habitat
plantings, habitat plantings for beneficial organisms that aid
in the control of pests, and such other practices as the
Secretary may designate.
''(c) Eligible Producers.--To be eligible to participate in the
program, a producer must prepare and submit to the Secretary for
approval a site-specific farm management plan, which may at the
producer's option be integrated with any conservation plan developed
pursuant to section 1212 of the Food Security Act of 1985 (16 U.S.C.
3812) and any other conservation or natural resource plan required for
producer participation in any program within the jurisdiction of the
Secretary.
''(d) Agreements.--Upon the approval of a plan submitted by a
producer under subsection (c), the Secretary shall enter into an
agreement with the producer that specifies the crop acreage bases being
enrolled in the program. The agreement shall be for a period of not
less than one year, nor more than seven years, as determined by the
producer. The agreement may be renewed upon the mutual agreement of the
Secretary and the producer.
''(e) Producer Responsibilities Under Agreement.--Under the terms
of an agreement entered into under subsection (d), a producer shall
agree--
''(1) to actively comply with the terms and conditions of
the applicable plan, as approved by the Secretary;
''(2) to devote to a resource-conserving crop--
''(A) not less than 15 percent of the crop acreage
bases of the producer enrolled under such program; or
''(B) not less than 15 percent of the producer's
total crop acres, if the sum of resource-conserving
crop acres on non-base acres and total crop acreage
bases on the farm does not exceed the county average
base-to-cropland ratio; and
''(3) to keep such records as the Secretary may reasonably
require for purposes of program evaluation.
''(f) Requirements of the Plan.--To be approved by the Secretary, a
plan submitted by a producer must--
''(1) specify the crop acreage bases the producer chooses
to enroll in the program;
''(2) describe the resource-conserving crop rotation,
special conservation practices, rotational grazing, or biomass
production operations and practices to be implemented and
maintained on such acreage during the agreement period which
fulfill the purposes of the program;
''(3) contain a schedule for the implementation,
improvement and maintenance of the resource-conserving crop
rotation, special conservation practices, rotational grazing,
or biomass operations and practices described in the plan; and
''(4) contain such other terms as the Secretary may
require.
''(g) Program Administration, Certification, and Termination.--
''(1) Program administration, technical assistance, and
flexibility.--
''(A) Administration.--The program shall be
administered by the Secretary.
''(B) Technical assistance.--In administering the
program, the Secretary, in consultation with the local
conservation districts and any State or local
authorities deemed appropriate by the Secretary, shall
provide technical assistance to a producer in
developing and implementing a plan, evaluating the
effectiveness of a plan, and assessing the costs and
benefits of farming operations and practices. If
requested by a producer, the Secretary shall provide
technical assistance to help the producer comply with
Federal, State, and local requirements designed to
protect soil, wetlands, wildlife habitat, the quality
of ground water and surface water, or other natural
resources.
''(C) Flexibility.--In administering the program,
the Secretary shall provide sufficient flexibility for
a producer to revise the producer's plan to respond to
changes in market conditions, weather, or technology or
to adjust and modify the farming operation, except that
such revisions must be consistent with the purposes of
the program and approved by the Secretary.
''(2) Certification.--The Secretary shall certify producer
compliance with the terms and conditions of the plan.
''(3) Termination.--The Secretary may terminate an
agreement entered into with a producer under this program if--
''(A) the producer agrees to such termination; or
''(B) the producer violates the terms and
conditions of such agreement.
''(h) Program Rules.--
''(1) Base and yield protection.--Notwithstanding any other
provision of law, the Secretary shall not reduce crop acreage
bases or farm program payment yields as a result of the
planting of a resource-conserving crop.
''(2) Payment acres.--Notwithstanding any other provision
of law, the Secretary shall not reduce any farm program loans,
payments, or benefits of a program participant as a result of
the planting of a resource-conserving crop.
''(3) Payment rate.--Notwithstanding any other provision of
law, the Secretary shall provide deficiency payments on
resource-conserving crop acreage eligible for payments at a
rate not less than the projected deficiency payment rate, as
determined and announced each year by the Secretary prior to
the period during which producers may agree to participate in
the program.
''(4) Payment acre protection.--Notwithstanding any other
provision of law, the Secretary shall not reduce the payment
acres or the established price for a program participant who
has entered into an agreement with the Secretary for a fixed
period of time.
''(5) Resource-conserving crops on normal flex acreage.--
Acreage devoted to resource-conserving crops under this program
may, at the discretion of the producer, be designated as normal
flex acreage.
''(6) Adjustments in production adjustment requirements.--
Notwithstanding any other provision of law, the Secretary shall
make fair and equitable adjustments in acreage limitation
requirements applicable to a producer participating in the
program giving due consideration to crop rotation, special
conservation practices, rotational grazing, biomass production,
and other appropriate factors resulting from the implementation
of a plan. If the Secretary determines that the reduction in
program crop production on a participating farm referred to in
the preceding sentence will equal or exceed any reduction in
crop production which, in the absence of participation in the
program, would occur as a result of acreage limitation
requirements, the Secretary shall waive such acreage limitation
requirements for the farm. If the resource conserving crop
includes a farm program feed grain crop planted on the base
acres of another farm program feed grain crop, the Secretary
shall take into account the established or county average yield
of the two feed grains for the purposes of making the
adjustment or waiver.
''(7) Total base acreage flexibility.--Notwithstanding any
other provision of law, the Secretary shall allow participants
in this program to plant farm program crops and oilseeds in any
proportion on a producer's total acreage of farm program crop
base and historic oilseeds acreage without affecting farm
program payments.
''(8) Crop insurance.--Notwithstanding any other provision
of law, acreage devoted to resource-conserving crops under this
program shall be eligible for crop insurance pursuant to the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
''(9) Haying and grazing restriction.--
''(A) In general.--The Secretary shall not make any
farm program payments to a producer, who is otherwise
eligible to receive such payments, for acreage enrolled
in the program if the producer, during the consecutive
five month period in each State in which haying and
grazing of conserving use acres may be prohibited under
the provisions of this Act, grazes breeding cattle or
nursing calves or harvests and sells hay on payment
acres.
''(B) Transition option.--The restriction in
subparagraph (A) shall not apply in the case of a
producer who agrees to retire all base acreage enrolled
in the program at the end of the agreement period.
''(C) Emergency haying and grazing.--The Secretary
shall release acreage devoted to resource-conserving
crops for emergency haying and grazing as the result of
a natural disaster when the Secretary permits unlimited
haying and grazing on--
''(i) reduced acreage under this Act;
''(ii) acreage devoted to a conservation
use under this Act;
''(iii) acreage diverted from production
under a land diversion program established
under this Act; or
''(iv) acreage enrolled in the conservation
reserve program under the Food Security Act of
1985 (16 U.S.C. 3801 et seq.).''.
(b) Conforming Repeal.--Section 1451 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is repealed.
[A]: Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to establish a voluntary conservation flex program which will permit producers to adopt integrated site-specific farm management plans. Includes within such plans resource-conserving crops, crop rotation, and rotational grazing.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Health Empowerment Zone Act of
2009''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Designation of health empowerment zones.
Sec. 5. Assistance to those seeking designation.
Sec. 6. Benefits of designation.
Sec. 7. Definition.
Sec. 8. Authorization of appropriations.

SEC. 3. FINDINGS.

(a) Findings.--The Congress finds the following:
(1) Numerous studies and reports, including the National
Healthcare Disparities Report and Unequal Treatment, the 2002
Institute of Medicine Report, document the extensiveness to
which health disparities exist across the country.
(2) These studies have found that, on average, racial and
ethnic minorities are disproportionately afflicted with chronic
and acute conditions--such as cancer, diabetes, and
hypertension--and suffer worse health outcomes, worse health
status, and higher mortality rates than their White
counterparts.
(3) Several recent studies also show that health
disparities are a function of not only access to health care,
but also the social determinants of health--including the
environment, the physical structure of communities, nutrition
and food options, educational attainment, employment, race,
ethnicity, geography, and language preference--that directly
and indirectly affect the health, health care, and wellness of
individuals and communities.
(4) Integrally involving and fully supporting the
communities most affected by health inequities in the
assessment, planning, launch, and evaluation of health
disparity elimination efforts is among the leading
recommendations made to adequately address and ultimately
reduce health disparities.
(5) Recommendations also include supporting the efforts of
community stakeholders from a broad cross section--including,
but not limited to local businesses, local departments of
commerce, education, labor, urban planning, and transportation,
and community-based and other nonprofit organizations--to find
areas of common ground around health disparity elimination and
collaborate to improve the overall health and wellness of a
community and its residents.

SEC. 4. DESIGNATION OF HEALTH EMPOWERMENT ZONES.

(a) In General.--At the request of an eligible community
partnership, the Secretary may designate an eligible area as a health
empowerment zone.
(b) Eligibility Criteria.--
(1) Eligible community partnership.--A community
partnership is eligible to submit a request under this section
if the partnership--
(A) demonstrates widespread public support from key
individuals and entities in the eligible area,
including State and local governments, nonprofit
organizations, and community and industry leaders, for
designation of the eligible area as a health
empowerment zone; and
(B) includes representatives of--
(i) a broad cross section of stakeholders
and residents from communities in the eligible
area experiencing disproportionate disparities
in health status and health care; and
(ii) organizations, facilities, and
institutions that have a history of working
within and serving such communities.
(2) Eligible area.--An area is eligible to be designated as
a health empowerment zone under this section if one or more
communities in the area experience disproportionate disparities
in health status and health care. In determining whether a
community experiences such disparities, the Secretary shall
consider the data collected by the Department of Health and
Human Services focusing on the following areas:
(A) Access to high-quality health services.
(B) Arthritis, osteoporosis, and chronic back
conditions.
(C) Cancer.
(D) Chronic kidney disease.
(E) Diabetes.
(F) Injury and violence prevention.
(G) Maternal, infant, and child health.
(H) Medical product safety.
(I) Mental health and mental disorders.
(J) Nutrition and overweight.
(K) Disability and secondary conditions.
(L) Educational and community-based health
programs.
(M) Environmental health.
(N) Family planning.
(O) Food safety.
(P) Health communication.
(Q) Health disease and stroke.
(R) HIV/AIDS.
(S) Immunization and infectious diseases.
(T) Occupational safety and health.
(U) Oral health.
(V) Physical activity and fitness.
(W) Public health infrastructure.
(X) Respiratory diseases.
(Y) Sexually transmitted diseases.
(Z) Substance abuse.
(AA) Tobacco use.
(BB) Vision and hearing.
(c) Procedure.--
(1) Request.--A request under subsection (a) shall--
(A) describe the bounds of the area to be
designated as a health empowerment zone and the process
used to select those bounds;
(B) demonstrate that the partnership submitting the
request is an eligible community partnership described
in subsection (b)(1);
(C) demonstrate that the area is an eligible area
described in subsection (b)(2);
(D) include a comprehensive assessment of
disparities in health status and health care experience
by one or more communities in the area;
(E) set forth--
(i) a vision and a set of values for the
area; and
(ii) a comprehensive and holistic set of
goals to be achieved in the area through
designation as a health empowerment zone; and
(F) include a strategic plan for achieving the
goals described in subparagraph (E)(ii).
(2) Approval.--Not later than 60 days after the receipt of
a request for designation of an area as a health empowerment
zone under this section, the Secretary shall approve or
disapprove the request.
(d) Minimum Number.--The Secretary--
(1) shall designate not more than 110 health empowerment
zones under this section; and
(2) shall designate at least one health empowerment zone in
each of the several States, the District of Columbia, and each
territory or possession of the United States.

SEC. 5. ASSISTANCE TO THOSE SEEKING DESIGNATION.

At the request of any organization or entity seeking to submit a
request under section 4(a), the Secretary shall provide technical
assistance, and may award a grant, to assist such organization or
entity--
(1) to form an eligible community partnership described in
subsection (b)(1);
(2) to complete a health assessment, including an
assessment of health disparities under subsection (c)(1)(D); or
(3) to prepare and submit a request, including a strategic
plan, in accordance with section 4.

SEC. 6. BENEFITS OF DESIGNATION.

(a) Priority.--In awarding any competitive grant, a Federal
official shall give priority to any applicant that--
(1) meets the eligibility criteria for the grant;
(2) proposes to use the grant for activities in a health
empowerment zone; and
(3) demonstrates that such activities will directly and
significantly further the goals of the strategic plan approved
for such zone under section 4.
(b) Grants for Initial Implementation of Strategic Plan.--
(1) In general.--Upon designating an eligible area as a
health empowerment zone at the request of an eligible community
partnership, the Secretary shall, subject to the availability
of appropriations, make a grant to the community partnership
for implementation of the strategic plan for such zone.
(2) Grant period.--A grant under paragraph (1) for a health
empowerment zone shall be for a period of 2 years and may be
renewed, except that the total period of grants under paragraph
(1) for such zone may not exceed 10 years.
(3) Limitation.--In awarding grants under this subsection,
the Secretary shall not give less priority to an applicant or
reduce the amount of a grant because the Secretary rendered
technical assistance or made a grant to the same applicant
under section 5.
(4) Reporting.--The Secretary shall require each recipient
of a grant under this subsection to report to the Secretary not
less than every 6 months on the progress in implementing the
strategic plan for the health empowerment zone.

SEC. 7. DEFINITION.

In this Act, the term ''Secretary'' means the Secretary of Health
and Human Services, acting through the Administrator of the Health
Resources and Services Administration and the Director of the Office of
Minority Health, and in cooperation with the Director of the Office of
Community Services and the Director of the National Center for Minority
Health and Health Disparities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

To carry out this Act, there is authorized to be appropriated
$100,000,000 for fiscal year 2010.
[A]: Health Empowerment Zone Act of 2009 - Authorizes the Secretary of Health and Human Services (HHS), at the request of a broad-based community partnership, to designate a community that experiences disproportionate disparities in health status and health care as a health empowerment zone. Requires federal officials to give priority in awarding competitive grants to grants used in or benefiting a health empowerment zone.

Directs the Secretary to provide: (1) technical assistance (or grants) to entities seeking to form a community partnership or obtain a health empowerment zone designation for a community; and (2) grants to community partnerships for implementation of the strategic plan for a health empowerment zone.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Ninth Circuit Reorganization
Act of 1999''.

SEC. 2. DIVISIONAL ORGANIZATION OF THE COURT OF APPEALS FOR THE NINTH
CIRCUIT.

(a) Regional Divisions.--Effective 180 days after the date of
enactment of this Act, the United States Court of Appeals for the Ninth
Circuit shall be organized into 3 regional divisions designated as the
Northern Division, the Middle Division, and the Southern Division, and
a nonregional division designated as the Circuit Division.
(b) Review of Decisions.--
(1) Nonapplication of section 1294.--Section 1294 of title
28, United States Code, shall not apply to the Ninth Circuit
Court of Appeals. The review of district court decisions shall
be governed as provided in this subsection.
(2) Review.--Except as provided in sections 1292(c),
1292(d), and 1295 of title 28, United States Code, once the
court is organized into divisions, appeals from reviewable
decisions of the district and territorial courts located within
the Ninth Circuit shall be taken to the regional divisions of
the Ninth Circuit Court of Appeals as follows:
(A) Appeals from the districts of Alaska, Guam,
Hawaii, Idaho, Montana, the Northern Mariana Islands,
Oregon, Eastern Washington, and Western Washington
shall be taken to the Northern Division.
(B) Appeals from the districts of Eastern
California, Northern California, and Nevada shall be
taken to the Middle Division.
(C) Appeals from the districts of Arizona, Central
California, and Southern California shall be taken to
the Southern Division.
(D) Appeals from the Tax Court, petitions to
enforce the orders of administrative agencies, and
other proceedings within the court of appeals'
jurisdiction that do not involve review of district
court actions shall be filed in the court of appeals
and assigned to the division that would have
jurisdiction over the matter if the division were a
separate court of appeals.
(3) Assignment of judges.--Each regional division shall
include from 7 to 11 judges of the court of appeals in active
status. A majority of the judges assigned to each division
shall reside within the judicial districts that are within the
division's jurisdiction as specified in paragraph (2). Judges
in senior status may be assigned to regional divisions in
accordance with policies adopted by the court of appeals. Any
judge assigned to 1 division may be assigned by the chief judge
of the circuit for temporary duty in another division as
necessary to enable the divisions to function effectively.
(4) Presiding judges.--Section 45 of title 28, United
States Code, shall govern the designation of the presiding
judge of each regional division as though the division were a
court of appeals, except that the judge serving as chief judge
of the circuit may not at the same time serve as presiding
judge of a regional division, and that only judges resident
within, and assigned to, the division shall be eligible to
serve as presiding judge of that division.
(5) Panels.--Panels of a division may sit to hear and
decide cases at any place within the judicial districts of the
division, as specified by a majority of the judges of the
division. The divisions shall be governed by the Federal Rules
of Appellate Procedure and by local rules and internal
operating procedures adopted by the court of appeals. The
divisions may not adopt their own local rules or internal
operating procedures. The decisions of 1 regional division
shall not be regarded as binding precedents in the other
regional divisions.
(c) Circuit Division.--
(1) In general.--In addition to the 3 regional divisions
specified under subsection (a), the Ninth Circuit Court of
Appeals shall establish a Circuit Division composed of the
chief judge of the circuit and 12 other circuit judges in
active status, chosen by lot in equal numbers from each
regional division. Except for the chief judge of the circuit,
who shall serve ex officio, judges on the Circuit Division
shall serve nonrenewable, staggered terms of 3 years each. One-
third of the judges initially selected by lot shall serve terms
of 1 year each, one-third shall serve terms of 2 years each,
and one-third shall serve terms of 3 years each. Thereafter all
judges shall serve terms of 3 years each. If a judge on the
Circuit Division is disqualified or otherwise unable to serve
in a particular case, the presiding judge of the regional
division to which that judge is assigned shall randomly select
a judge from the division to serve in the place of the
unavailable judge.
(2) Jurisdiction.--The Circuit Division shall have
jurisdiction to review, and to affirm, reverse, or modify any
final decision rendered in any of the court's divisions that
conflicts on an issue of law with a decision in another
division of the court. The exercise of such jurisdiction shall
be within the discretion of the Circuit Division and may be
invoked by application for review by a party to the case,
setting forth succinctly the issue of law as to which there is
a conflict in the decisions of 2 or more divisions. The Circuit
Division may review the decision of a panel within a division
only if en banc review of the decision has been sought and
denied by the division.
(3) Procedures.--The Circuit Division shall consider and
decide cases through procedures adopted by the court of appeals
for the expeditious and inexpensive conduct of the division's
business. The Circuit Division shall not function through
panels. The Circuit Division shall decide issues of law on the
basis of the opinions, briefs, and records in the conflicting
decisions under review, unless the Circuit Division determines
that special circumstances make additional briefing or oral
argument necessary.
(4) En banc proceedings.--Section 46 of title 28, United
States Code, shall apply to each regional division of the Ninth
Circuit Court of Appeals as though the division were the court
of appeals. Section 46(c) of title 28, United States Code,
authorizing hearings or rehearings en banc, shall be applicable
only to the regional divisions of the court and not to the
court of appeals as a whole. After a divisional plan is in
effect, the court of appeals shall not order any hearing or
rehearing en banc, and the authorization for a limited en banc
procedure under section 6 of Public Law 95-486 (92 Stat. 1633),
shall not apply to the Ninth Circuit. An en banc proceeding
ordered before the divisional plan is in effect may be heard
and determined in accordance with applicable rules of appellate
procedure.
(d) Clerks and Employees.--Section 711 of title 28, United States
Code, shall apply to the Ninth Circuit Court of Appeals, except the
clerk of the Ninth Circuit Court of Appeals may maintain an office or
offices in each regional division of the court to provide services of
the clerk's office for that division.
(e) Study of Effectiveness.--The Federal Judicial Center shall
conduct a study of the effectiveness and efficiency of the divisions in
the Ninth Circuit Court of Appeals. No later than 3 years after the
effective date of this Act, the Federal Judicial Center shall submit to
the Judicial Conference of the United States a report summarizing the
activities of the divisions, including the Circuit Division, and
evaluating the effectiveness and efficiency of the divisional
structure. The Judicial Conference shall submit recommendations to
Congress concerning the divisional structure and whether the structure
should be continued with or without modification.

SEC. 2. ASSIGNMENT OF JUDGES; PANELS; EN BANC PROCEEDINGS; DIVISIONS;
QUORUM.

(a) In General.--Section 46 of title 28, United States Code, is
amended to read as follows:
''Sec. 46. Assignment of judges; panels; en banc proceedings;
divisions; quorum
''(a) Circuit judges shall sit on the court of appeals and its
panels in such order and at such times as the court directs.
''(b) Unless otherwise provided by rule of court, a court of
appeals or any regional division thereof shall consider and decide
cases and controversies through panels of 3 judges, at least 2 of whom
shall be judges of the court, unless such judges cannot sit because
recused or disqualified, or unless the chief judge of that court
certifies that there is an emergency including, but not limited to, the
unavailability of a judge of the court because of illness. A court may
provide by rule for the disposition of appeals through panels
consisting of 2 judges, both of whom shall be judges of the court.
Panels of the court shall sit at times and places and hear the cases
and controversies assigned as the court directs. The United States
Court of Appeals for the Federal Circuit shall determine by rule a
procedure for the rotation of judges from panel-to-panel to ensure that
all of the judges sit on a representative cross section of the cases
heard and, notwithstanding the first sentence of this subsection, may
determine by rule the number of judges, not less than 2, who constitute
a panel.
''(c) Notwithstanding subsection (b), a majority of the judges of a
court of appeals not organized into divisions as provided in subsection
(d) who are in regular active service may order a hearing or rehearing
before the court en banc. A court en banc shall consist of all circuit
judges in regular active service, except that any senior circuit judge
of the circuit shall be eligible to participate, at that judge's
election and upon designation and assignment pursuant to section 294(c)
and the rules of the circuit, as a member of an en banc court reviewing
a decision of a panel of which such judge was a member.
''(d)(1) A court of appeals having more than 15 authorized
judgeships may organize itself into 2 or more adjudicative divisions,
with each judge of the court assigned to a specific division, either
for a specified term of years or indefinitely. The court's docket shall
be allocated among the divisions in accordance with a plan adopted by
the court, and each division shall have exclusive appellate
jurisdiction over the appeals assigned to it. The presiding judge of
each division shall be determined from among the judges of the division
in active status as though the division were the court of appeals,
except the chief judge of the circuit shall not serve at the same time
as the presiding judge of a division.
''(2) When organizing itself into divisions, a court of appeals
shall establish a circuit division, consisting of the chief judge and
additional circuit judges in active status, selected in accordance with
rules adopted by the court, so as to make an odd number of judges but
not more than 13.
''(3) The circuit division shall have jurisdiction to review, and
to affirm, reverse, or modify any final decision rendered in any of the
court's divisions that conflicts on an issue of law with a decision in
another division of the court. The exercise of such jurisdiction shall
be within the discretion of the circuit division and may be invoked by
application for review by a party to the case, setting forth succinctly
the issue of law as to which there is a conflict in the decisions of 2
or more divisions. The circuit division may review the decision of a
panel within a division only if en banc review of the decision has been
sought and denied by the division.
''(4) The circuit division shall consider and decide cases through
procedures adopted by the court of appeals for the expeditious and
inexpensive conduct of the circuit division's business. The circuit
division shall not function through panels. The circuit division shall
decide issues of law on the basis of the opinions, briefs, and records
in the conflicting decisions under review, unless the
division determines that special circumstances make additional briefing
or oral argument necessary.
''(e) This section shall apply to each division of a court that is
organized into divisions as though the division were the court of
appeals. Subsection (c), authorizing hearings or rehearings en banc,
shall be applicable only to the divisions of the court and not to the
court of appeals as a whole, and the authorization for a limited en
banc procedure under section 6 of Public Law 95-486 (92 Stat. 1633),
shall not apply in that court. After a divisional plan is in effect,
the court of appeals shall not order any hearing or rehearing en banc,
but an en banc proceeding already ordered may be heard and determined
in accordance with applicable rules of appellate procedure.
''(f) A majority of the number of judges authorized to constitute a
court, a division, or a panel thereof shall constitute a quorum.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 28, United States Code, is amended by amending the
item relating to section 46 to read as follows:

''46. Assignment of judges; panels; en banc proceedings; divisions;
quorum.''.
(c) Monitoring Implementation.--The Federal Judicial Center shall
monitor the implementation of section 46 of title 28, United States
Code (as amended by this section) for 3 years following the date of
enactment of this Act and report to the Judicial Conference such
information as the Center determines relevant or that the Conference
requests to enable the Judicial Conference to assess the effectiveness
and efficiency of this section.

SEC. 3. DISTRICT COURT APPELLATE PANELS.

(a) In General.--Chapter 5 of title 28, United States Code, is
amended by adding after section 144 the following:
''Sec. 145. District Court Appellate Panels
''(a) The judicial council of each circuit may establish a district
court appellate panel service composed of district judges of the
circuit, in either active or senior status, who are assigned by the
judicial council to hear and determine appeals in accordance with
subsection (b). Judges assigned to the district court appellate panel
service may continue to perform other judicial duties.
''(b) An appeal heard under this section shall be heard by a panel
composed of 2 district judges assigned to the district court appellate
panel service, and 1 circuit judge as designated by the chief judge of
the circuit. The circuit judge shall preside. A district judge serving
on an appellate panel shall not participate in the review of decisions
of the district court to which the judge has been appointed. The clerk
of the court of appeals shall serve as the clerk of the district court
appellate panels. A district court appellate panel may sit at any place
within the circuit, pursuant to rules promulgated by the judicial
council, to hear and decide cases, for the convenience of parties and
counsel.
''(c) In establishing a district court appellate panel service, the
judicial council shall specify the categories or types of cases over
which district court appellate panels shall have appellate
jurisdiction. In such cases specified by the judicial council as
appropriate for assignment to district court appellate panels, and
notwithstanding sections 1291 and 1292, the appellate panel shall have
exclusive jurisdiction over district court decisions and may exercise
all of the authority otherwise vested in the court of appeals under
sections 1291, 1292, 1651, and 2106. A district court appellate panel
may transfer a case within its jurisdiction to the court of appeals if
the panel determines that disposition of the case involves a question
of law that should be determined by the court of appeals. The court of
appeals shall thereupon assume jurisdiction over the case for all
purposes.
''(d) Final decisions of district court appellate panels may be
reviewed by the court of appeals, in its discretion. A party seeking
review shall file a petition for leave to appeal in the court of
appeals, which that court may grant or deny in its discretion. If a
court of appeals is organized into adjudicative divisions, review of a
district court appellate panel decision shall be in the division to
which an appeal would have been taken from the district court had there
been no district court appellate panel.
''(e) Procedures governing review in district court appellate
panels and the discretionary review of such panels in the court of
appeals shall be in accordance with rules promulgated by the court of
appeals.
''(f) After a judicial council of a circuit makes an order
establishing a district court appellate panel service, the chief judge
of the circuit may request the Chief Justice of the United States to
assign 1 or more district judges from another circuit to serve on a
district court appellate panel, if the chief judge determines there is
a need for such judges. The Chief Justice may thereupon designate and
assign such judges for this purpose.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 28, United States Code, is amended by adding after
the item relating to section 144 the following:

''145. District court appellate panels.''.
(c) Monitoring Implementation.--The Federal Judicial Center shall
monitor the implementation of section 145 of title 28, United States
Code (as added by this section) for 3 years following the date of
enactment of this Act and report to the Judicial Conference such
information as the Center determines relevant or that the Conference
requests to enable the Conference to assess the effectiveness and
efficiency of this section.
[A]:
Federal Ninth Circuit Reorganization Act of 1999 - Organizes the United States Court of Appeals for the Ninth Circuit into three regional divisions, designated as the Northern, Middle, and Southern Divisions, and a nonregional Circuit Division. Makes provisions of the Federal judicial code regarding circuits in which decisions are reviewable inapplicable to the Ninth Circuit, with such review instead governed by this Act.
Directs that appeals from: (1) the districts of Alaska, Guam, Hawaii, Idaho, Montana, the Northern Mariana Islands Oregon, Eastern Washington, and Western Washington be taken to the Northern Division; (2) the districts of Eastern California, Northern California, and Nevada be taken to the Middle Division; (3) the districts of Arizona, Central California, and Southern California be taken to the Southern Division; and (4) the Tax Court, petitions to enforce the orders of administrative agencies, and specified other proceedings be filed in the court of appeals and assigned to the division that would have jurisdiction if the division were a separate court of appeals.
Directs the Ninth Circuit to establish a Circuit Division which shall have jurisdiction to review, and to affirm, reverse, or modify, any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court.
Requires: (1) the Federal Judicial Center to study the effectiveness and efficiency of the Ninth Circuit divisions, and report to the Judicial Conference of the United States; and (2) the Judicial Conference to submit recommendations to the Congress.
(Sec. 2) Rewrites provisions regarding the assignment of judges to direct a court of appeals or any regional division thereof to consider and decide cases and controversies through three judge panels, at least two of whom shall be judges of the court, with exceptions. Directs the United States Court of Appeals for the Federal Circuit to determine a procedure for the rotation of judges.
(Sec. 3) Amends the judicial code to authorize the judicial council of each circuit to establish a district court appellate panel service. Directs the judicial council to specify the categories or types of cases over which such panels shall have appellate jurisdiction.
Directs the Federal Judicial Center to monitor the implementation under this section and to report to the Judicial Conference.