,,ii #aaith ,,congress #b;d ,session ,s4 #ecdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbf,mr4 ,lee 7for himself1 ,mr4 ,barrasso1 ,mr4 ,crapo1 ,mr4 ,cruz1 ,mr4 ,daines1 ,mr4 ,risch1 and ,mr4 ,sheehy7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to modify the composition of certain judicial circuits1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,circuit ,court of ,appeals ,reorganization ,act of #bjbf4 #b4 ,findings ,congress finds the following3 7#a7 ,article ,,iii of the ,constitution of the ,united ,states gives ,congress the power to determine the geographic composition of the circuit courts of the ,united ,states4 7#b7 ,based on #bjbj ,united ,states census figures1 the total population of the ,ninth ,judicial ,circuit of the ,united ,states has reached over #fg1jjj1jjj1 while that of the next most populous circuit1 the ,eleventh ,judicial ,circuit of the ,united ,states1 stands just above #cg1jjj1jjj4 7#c7 ,the ,ninth ,judicial ,circuit of the ,united ,states covers over #dj percent of the landmass of the ,united ,states4 7#d7 ,the ,western circuits should be modernized to more accurately reflect population growth and regional nuances4 #c4 ,circuit court composition 7a7 ,number and composition of circuits ,the table in section #da of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to the ,eighth ,circuit and inserting the following3 ,eighth,alaska1 ,arkansas1 ,idaho1 ,iowa1 ,minnesota1 ,missouri1 ,montana1 ,nebraska1 ,north ,dakota1 ,south ,dakota1 ,wyoming4 2 7#b7 by striking the item relating to the ,ninth ,circuit and inserting the following3 ,ninth,california1 ,guam1 ,hawaii1 ,northern ,mariana ,islands1 ,oregon1 ,washington4 2 and 7#c7 by striking the item relating to the ,tenth ,circuit and inserting the following3 ,tenth,arizona1 ,colorado1 ,kansas1 ,nevada1 ,new ,mexico1 ,oklahoma1 ,utah4 4 7b7 ,number of circuit judges ,the table in section #dd7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to the ,eighth ,circuit and inserting the following3 ,eighth#ae 2 7#b7 by striking the item relating to the ,ninth ,circuit and inserting the following3 ,ninth#ba 2 and 7#c7 by striking the item relating to the ,tenth ,circuit and inserting the following3 ,tenth#af 4 7c7 ,places of circuit court ,the table in section #dh7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to the ,eighth ,circuit and inserting the following3 ,eighth,st4 ,louis1 ,kansas ,city1 ,rapid ,city1 ,st4 ,paul4 2 and 7#b7 by striking the item relating to the ,tenth ,circuit and inserting the following3 ,tenth,denver1 ,oklahoma ,city1 ,phoenix1 ,salt ,lake ,city4 4 7d7 ,status of circuit judges ,each circuit judge in regular active service or senior status of the former ,eighth ,circuit1 the former ,ninth ,circuit1 or the former ,tenth ,circuit whose official station1 on the day before the date of enactment of this ,act-- 7#a7 is in ,alaska1 ,arkansas1 ,idaho1 ,iowa1 ,minnesota1 ,missouri1 ,montana1 ,nebraska1 ,north ,dakota1 ,south ,dakota1 or ,wyoming is assigned as a circuit judge of the new ,eighth ,circuit2 7#b7 is in ,california1 ,oregon1 ,washington1 ,guam1 ,hawaii1 or the ,northern ,mariana ,islands is assigned as a circuit judge of the new ,ninth ,circuit2 and 7#c7 is in ,arizona1 ,colorado1 ,kansas1 ,nevada1 ,new ,mexico1 ,oklahoma1 or ,utah is assigned as a circuit judge of the new ,tenth ,circuit4 7e7 ,seniority ,the seniority of each judge who is assigned under subsection 7d7 shall run from the date of commission of such judge as a judge of the former ,eighth ,circuit1 the former ,ninth ,circuit1 or the former ,tenth ,circuit1 respectively4 7f7 ,new ,eighth ,circuit 7#a7 ,in general ,the new ,eighth ,circuit shall not be required to hold terms or sessions of court at ,rapid ,city1 ,south ,dakota1 until such time as adequate facilities are provided4 7#b7 ,,gsa report ,not later than #a year after the date of enactment of this ,act1 the ,administrator of ,general ,services shall submit a report1 tentative building plan1 and requested appropriation for new courthouse facilities in the ,black ,hills region in or around ,rapid ,city1 ,south ,dakota to-- 7,a7 the ,committee on the ,judiciary and the ,committee on ,environment and ,public ,works of the ,senate2 7,b7 the ,committee on the ,judiciary and ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,c7 any other committee of the ,senate or the ,house of ,representatives with jurisdiction of the construction of the new courthouse facilities4 7g7 ,abrogation of prior precedent for ,states changing circuits 7#a7 ,former ,ninth ,circuit ,states ,except as expressly provided in subsection 7i71 on and after the date of enactment of this ,act1 the judicial precedents1 rulings1 and interpretations of the former ,ninth ,circuit shall cease to apply1 have binding authority1 or serve as controlling law with respect to any matter arising in ,alaska1 ,arizona1 ,idaho1 ,montana1 or ,nevada4 7#b7 ,former ,tenth ,circuit ,state ,except as expressly provided in subsection 7i71 on and after the date of enactment of this ,act1 the judicial precedents1 rulings1 and interpretations of the former ,tenth ,circuit shall cease to apply1 have binding authority1 or serve as controlling law with respect to any matter arising in ,wyoming4 7h7 ,immediate adoption of prior precedent for ,states changing circuits 7#a7 ,new ,eighth ,circuit ,states ,except as expressly provided in subsection 7i71 on and after the date of enactment of this ,act1 the judicial precedents1 rulings1 and interpretations of the former ,eighth ,circuit shall apply1 have binding authority1 and serve as controlling law with respect to any matter arising in ,alaska1 ,idaho1 ,montana1 or ,wyoming4 7#b7 ,new ,tenth ,circuit ,states ,except as expressly provided in subsection 7i71 on and after the date of enactment of this ,act1 the judicial precedents1 rulings1 and interpretations of the former ,tenth ,circuit shall apply1 have binding authority1 and serve as controlling law with respect to any matter arising in ,arizona or ,nevada4 7i7 ,proceedings ,for any case in which1 on the day before the date of enactment of this ,act1 an appeal or other proceeding has been filed with the former ,eighth ,circuit1 the former ,ninth ,circuit1 or the former ,tenth ,circuit1 the following shall apply3 7#a7 ,if the matter has been submitted for decision1 further proceedings with respect of the matter shall be had in the same manner and with the same effect as if this ,act had not been enacted4 7#b7 ,if the matter has not been submitted for decision1 the appeal or proceeding1 together with the original papers1 printed records1 and record entries duly certified1 shall1 by appropriate orders1 be transferred to the court to which the matter would have gone had this ,act been in full force and effect at the time such appeal was taken or other proceeding commenced1 and further proceedings in respect of 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 court4 7#c7 ,a petition for rehearing or a petition for rehearing en banc in a matter decided before the date of enactment of this ,act1 or submitted before the date of enactment of this ,act and decided on or after such date of enactment as provided in paragraph 7#a7 of this subsection1 shall be treated in the same manner and with the same effect as though this ,act had not been enacted4 ,if a petition for rehearing en banc is granted1 the matter shall be reheard by a court comprised as though this ,act had not been enacted4 7j7 ,definitions ,as used in this section-- 7#a7 the term former ,eighth ,circuit means the ,eighth ,judicial ,circuit of the ,united ,states as in existence on the day before the date of enactment of this ,act2 7#b7 the term former ,ninth ,circuit means the ,ninth ,judicial ,circuit of the ,united ,states as in existence on the day before the date of enactment of this ,act2 7#c7 the term former ,tenth ,circuit means the ,tenth ,judicial ,circuit of the ,united ,states as in existence on the day before the date of enactment of this ,act2 7#d7 the term new ,eighth ,circuit means the ,eighth ,judicial ,circuit of the ,united ,states established by the amendment made by subsection 7a77#a72 7#e7 the term new ,ninth ,circuit means the ,ninth ,judicial ,circuit of the ,united ,states established by the amendment made by subsection 7a77#b72 and 7#f7 the term new ,tenth ,circuit means the ,tenth ,judicial ,circuit of the ,united ,states established by the amendment made by subsection 7a77#c74 #d4 ,circuit court composition ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act and the amendments made by this ,act1 including funds for additional court facilities4