S. 4837

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4837 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4837

To amend the District of Columbia Home Rule Act to provide for the 
automatic appointment of judges to the District of Columbia courts 
without the advice and consent of the Senate, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 18, 2026

Mr. Van Hollen (for himself, Mr. Kaine, Mr. Booker, Ms. Alsobrooks, and 
Mr. Schiff) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

A BILL

To amend the District of Columbia Home Rule Act to provide for the 
automatic appointment of judges to the District of Columbia courts 
without the advice and consent of the Senate, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``District of Columbia Courts Judicial 
Vacancy Reduction Act''.

SEC. 2. AUTOMATIC APPOINTMENT OF JUDGES TO DISTRICT OF COLUMBIA COURTS.

(a) Appointments by President.--
(1) In general.--Section 433(a) of the District of Columbia 
Home Rule Act (sec. 1-204.33(a), D.C. Official Code) is amended 
by striking ``the President shall nominate'' and all that 
follows and inserting the following: ``from the list of persons 
recommended by the District of Columbia Judicial Nomination 
Commission established under section 434, the President shall 
appoint all judges of the District of Columbia courts.''.
(2) Conforming amendments.--Section 433 of such Act (sec. 
1-204.33, D.C. Official Code) is further amended--
(A) in the heading, by striking ``nomination and'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), 
by striking ``nominated or'';
(ii) in paragraph (2), by striking ``his 
nomination'' and inserting ``the appointment'';
(iii) in paragraph (3), by striking ``his 
nomination'' and inserting ``the appointment'';
(iv) in paragraph (4), by striking ``the 
President, for such nomination and 
appointment,'' and inserting ``the President 
for such appointment''; and
(v) in paragraph (5), by striking ``his 
nomination'' and inserting ``the appointment''; 
and
(C) in subsection (c)--
(i) in the fifth sentence, by striking 
``then the President may nominate'' and all 
that follows and inserting ``the President may 
reappoint such candidate as judge.'';
(ii) in the sixth sentence, by striking 
``not to so nominate such declaring candidate, 
he shall nominate another candidate'' and 
inserting ``not to so reappoint such declaring 
candidate, the President shall appoint another 
candidate''; and
(iii) in the seventh sentence, by striking 
``then the President shall not submit to the 
Senate for advice and consent the renomination 
of the declaring candidate as judge'' and 
inserting ``the President shall not reappoint 
the declaring candidate as judge''.
(3) Clerical amendment.--The table of contents of such Act 
is amended by amending the item relating to section 433 to read 
as follows:

``Sec. 433. Appointment of judges.''.
(b) Appointments by Judicial Nomination Commission.--Section 434(d) 
of such Act (sec. 1-204.34(d), D.C. Official Code) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``for 
possible nomination and appointment'' and inserting 
``for possible appointment'';
(B) in the second sentence, by striking ``more than 
one nominee'' and inserting ``more than one person'';
(C) in the third sentence, by striking ``of 
nominees''; and
(D) in the fourth sentence--
(i) by striking ``the President fails to 
nominate, for Senate confirmation,'' and 
inserting ``the President fails to appoint''; 
and
(ii) by striking ``the Commission shall 
nominate, and with the advice and consent of 
the Senate, appoint'' and inserting ``the 
Commission shall appoint''; and
(2) in paragraph (3), by striking ``nomination'' each place 
it appears and inserting ``appointment''.

SEC. 3. AUTHORIZING CONGRESS TO PREVENT APPOINTMENT THROUGH RESOLUTION 
OF DISAPPROVAL.

(a) Resolutions of Disapproval.--Part C of title IV of the District 
of Columbia Home Rule Act (sec. 1-204.31 et seq., D.C. Official Code) 
is amended by inserting after section 434 the following new section:

``authorizing congress to prevent appointment through resolution of 
disapproval

``Sec. 434A. (a) Requiring Transmission of Notice of Appointment 
to Congress.--Notice of the appointment of a judge of a District of 
Columbia court under this part shall be transmitted to the Speaker of 
the House of Representatives and the President pro tempore of the 
Senate by--
``(1) the President, in the case of an appointment under 
section 433; or
``(2) the District of Columbia Judicial Nomination 
Commission, in the case of an appointment under section 
434(d)(1).
``(b) Timing of Appointment.--The appointment of a judge of the 
District of Columbia courts shall take effect upon the expiration of 
the 30-calendar-day period (excluding Saturdays, Sundays, and holidays, 
and any day on which neither House is in session because of an 
adjournment sine die, a recess of more than three days, or an 
adjournment of more than three days) beginning on the date on which 
notice of the appointment is transmitted to the Speaker of the House of 
Representatives and the President pro tempore of the Senate under 
subsection (a), unless during such 30-calendar-day period there has 
been enacted into law a joint resolution disapproving of the 
appointment.
``(c) Application of Expedited Procedures for Consideration of 
Resolutions of Disapproval of Council Acts to Consideration of 
Resolutions of Disapproval of Appointment of Judges.--
``(1) Application of procedures.--The provisions of section 
604 shall apply with respect to a joint resolution described in 
paragraph (2) in the same manner and to the same extent as such 
provisions apply to a joint resolution which is described in 
section 604(b) and which disapproves an act of the District of 
Columbia Council which is transmitted pursuant to section 
602(c)(1).
``(2) Resolutions described.--A resolution described in 
this paragraph is a resolution, the matter after the resolving 
clause of which is as follows: `That the ________ disapproves 
of the appointment of ________ as a judge of the ________.', 
with the first blank filled in with the name of the House of 
Congress involved, the second blank filled in with the name of 
the individual involved, and the third blank filled in with the 
name of the District of Columbia court involved, but does not 
include any resolution which specifies more than one action.''.
(b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 434 the 
following new item:

``Sec. 434A. Authorizing Congress to prevent appointment through 
resolution of disapproval.''.

SEC. 4. EFFECTIVE DATE.

(a) In General.--The amendments made by this Act shall apply with 
respect to appointments of judges of the District of Columbia courts 
which are made on or after the date of the enactment of this Act.
(b) Transition Rule for Current Nominees.--Section 434A of the 
District of Columbia Home Rule Act (as added by section 3(a)) shall 
apply with respect to an individual whose nomination as a judge of the 
District of Columbia courts is pending as of the date of the enactment 
of this Act as follows:
(1) In the case of an individual nominated by the President 
under section 433 of such Act (as in effect prior to the 
effective date of this Act), the President shall be deemed to 
have transmitted notice of the appointment of the individual as 
a judge of the District of Columbia courts to the Speaker of 
the House of Representatives and the President pro tempore of 
the Senate on the date of the enactment of this Act.
(2) In the case of an individual nominated by the District 
of Columbia Judicial Nomination Commission under section 434 of 
such Act (as in effect prior to the effective date of this 
Act), the Commission shall be deemed to have transmitted notice 
of the appointment of the individual as a judge of the District 
of Columbia courts to the Speaker of the House of 
Representatives and the President pro tempore of the Senate on 
the date of the enactment of this Act.
<all>