An amendment numbered 3 printed in House Report 108-723 to strike sections 1 through 4 and insert several new sections.
What it does: Rewrites section 1 through section 4
Rep. F. James Sensenbrenner, Jr. (R-WI)Description
Amendment staggers through fiscal year 2010 implementation of the 58 new Federal circuit and district court judgeships created by the bill.
What it changes
1 change to S. 878
We couldn't match these changes to the text of S. 878, so they're shown as written.
Rewrites section 1 through section 4
ReplacesRemoves section 1 through section 4.
Inserted: SECTION 1. NEW DISTRICT JUDGESHIPS.
Inserted: The President shall appoint, by and with the advice and consent of the Senate, the following:
Inserted: (1) 1 additional district judge for the northern district of Alabama, who shall be appointed no earlier than October 1, 2006.
Inserted: (2) 1 additional district judge for the middle district of Alabama, who shall be appointed no earlier than October 1, 2008.
Inserted: (3) 3 additional district judges for the district of Arizona, who shall be appointed no earlier than October 1, 2007.
Inserted: (4) 1 additional district judge for the northern district of California, who shall be appointed no earlier than October 1, 2006.
Inserted: (5) 3 additional district judges for the eastern district of California, who shall be appointed no earlier than October 1, 2006.
Inserted: (6) 1 additional district judge for the central district of California, who shall be appointed no earlier than October 1, 2005.
Inserted: (7) 2 additional district judges for the southern district of California, who shall be appointed no earlier than October 1, 2005.
Inserted: (8) 2 additional district judges for the middle district of Florida, who shall be appointed no earlier than October 1, 2007.
Inserted: (9) 4 additional district judges for the southern district of Florida, who shall be appointed no earlier than October 1, 2005.
Inserted: (10) 1 additional district judge for the district of Idaho, who shall be appointed no earlier than October 1, 2008.
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Inserted: (11) 1 additional district judge for the western district of Missouri, who shall be appointed no earlier than October 1, 2008.
Inserted: (12) 1 additional district judge for the district of Nebraska, who shall be appointed no earlier than October 1, 2006.
Inserted: (13) 2 additional district judges for the district of New Mexico, one of whom shall be appointed no earlier than October 1, 2005, and one of whom shall be appointed no earlier than October 1, 2008.
Inserted: (14) 3 additional district judges for the eastern district of New York, who shall be appointed no earlier than October 1, 2007.
Inserted: (15) 1 additional district judge for the district of Oregon, who shall be appointed no earlier than October 1, 2010.
Inserted: (16) 1 additional district judge for the district of South Carolina, who shall be appointed no earlier than October 1, 2008.
Inserted: (17) 1 additional district judge for the district of Utah, who shall be appointed no earlier than October 1, 2008.
Inserted: (18) 2 additional district judges for the eastern district of Virginia, who shall be appointed no earlier than October 1, 2006.
Inserted: (19) 1 additional district judge for the western district of Washington, who shall be appointed no earlier than October 1, 2009.
Inserted: SEC. 2. CONVERSION OF TEMPORARY TO PERMANENT JUDGESHIPS.
Inserted: The existing judgeships for the eastern district of California, the district of Hawaii, the district of Kansas, and the eastern district of Missouri, that were authorized by section 203(c) of the Judicial Improvements Act of 1990 (28 U.S.C. 133 note; Public Law 101-650) shall, as of the date of the enactment of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall, as of such date of enactment, hold those offices under section 133 of title 28, United States Code, as amended by this Act.
Inserted: SEC. 3. TEMPORARY JUDGESHIPS.
Inserted: (a) Appointment.--The President shall appoint, by and with the advice and consent of the Senate, the following:
Inserted: (1) 1 additional district judge for the northern district of California, who shall be appointed no earlier than October 1, 2010.
Inserted: (2) 2 additional district judges for the central district of California, who shall be appointed no earlier than October 1, 2010.
Inserted: (3) 3 additional district judges for the southern district of California, who shall be appointed no earlier than October 1, 2009.
Inserted: (4) 1 additional district judge for the district of Colorado, who shall be appointed no earlier than October 1, 2009.
Inserted: (5) 1 additional district judge for the middle district of Florida, who shall be appointed no earlier than October 1, 2010.
Inserted: (6) 1 additional district judge for the northern district of Illinois, who shall be appointed no earlier than October 1, 2009.
Inserted: (7) 1 additional district judge for the northern district of Indiana, who shall be appointed no earlier than October 1, 2009.
Inserted: (8) 1 additional district judge for the southern district of Indiana, who shall be appointed no earlier than October 1, 2010.
Inserted: (9) 1 additional district judge for the northern district of Iowa, who shall be appointed no earlier than October 1, 2010.
Inserted: (10) 1 additional district judge for the district of New Mexico, who shall be appointed no earlier than October 1, 2008.
Inserted: (11) 1 additional district judge for the eastern district of New York, who shall be appointed no earlier than October 1, 2009.
Inserted: (12) 1 additional district judge for the western district of New York, who shall be appointed no earlier than October 1, 2008.
Inserted: (b) Vacancies Not Filled.--(1) The first 2 vacancies in the office of district judge in the central district of California, occurring 10 years or more after judges are first confirmed to fill both temporary judgeships created in that district by subsection (a), shall not be filled.
Inserted: (2) The first 3 vacancies in the office of district judge in the southern district of California, occurring 10 years or more after judges are first confirmed to fill all 3 temporary judgeships created in that district by subsection (a), shall not be filled.
Inserted: (3) The first vacancy in the office of district judge in each district named in subsection (a), other than the central or southern district of California, occurring 10 years or more after judges are first confirmed to fill the temporary judgeship created in that district by subsection (a), shall not be filled.
Inserted: SEC. 4. CONFORMING AMENDMENTS.
Inserted: (a) Amendments.--The table contained in section 133(a) of title 28, United States Code, is amended--
Inserted: (1) by amending the item relating to Alabama to read as follows:
Inserted: "Alabama: Northern.....................................................8 ....
Inserted: Middle.......................................................4 ....
Inserted: Southern...................................................3";....
Inserted: (2) by amending the item relating to Arizona to read as follows:
Inserted: "Arizona.................................................15";....
Inserted: (3) by amending the item relating to California to read as follows:
Inserted: "California: Northern....................................................15 ....
Inserted: Eastern.....................................................10 ....
Inserted: Central.....................................................28 ....
Inserted: Southern..................................................15";....
Inserted: (4) by amending the item relating to Florida to read as follows:
Inserted: "Florida: Northern.....................................................4 ....
Inserted: Middle......................................................17 ....
Inserted: Southern..................................................21";....
Inserted: (5) by amending the item relating to Hawaii to read as follows:
Inserted: "Hawaii...................................................4";....
Inserted: (6) by amending the item relating to Idaho to read as follows:
Inserted: "Idaho....................................................3";....
Inserted: (7) by amending the item relating to Kansas to read as follows:
Inserted: "Kansas...................................................6";....
Inserted: (8) by amending the item relating to Missouri to read as follows:
Inserted: "Missouri: Eastern......................................................7 ....
Inserted: Western......................................................6 ....
Inserted: Eastern and Western........................................2";....
Inserted: (9) by amending the item relating to Nebraska to read as follows:
Inserted: "Nebraska.................................................4";....
Inserted: (10) by amending the item relating to New Mexico to read as follows:
Inserted: "New Mexico...............................................8";....
Inserted: (11) by amending the item relating to New York to read as follows:
Inserted: "New York: Northern.....................................................5 ....
Inserted: Southern....................................................28 ....
Inserted: Eastern.....................................................18 ....
Inserted: Western....................................................4";....
Inserted: (12) by amending the item relating to Oregon to read as follows:
Inserted: "Oregon...................................................7";....
Inserted: (13) by amending the item relating to South Carolina to read as follows:
Inserted: "South Carolina..........................................11";....
Inserted: (14) by amending the item relating to Utah to read as follows:
Inserted: "Utah.....................................................6";....
Inserted: (15) by amending the item relating to Virginia to read as follows:
Inserted: "Virginia: Eastern.....................................................13 ....
Inserted: Western................................................4"; and....
Inserted: (16) by amending the item relating to Washington to read as follows:
Inserted: "Washington: Eastern......................................................4 ....
Inserted: Western....................................................8".....
Inserted: (b) Construction.--The amendments made by subsection (a) shall not be construed to authorize the appointment of any judge on a date earlier than that authorized for that judge under section 1.
Original wording
Strike sections 1 through 4 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Strike sections 1 through 4 and insert the following:
SECTION 1. NEW DISTRICT JUDGESHIPS.
The President shall appoint, by and with the advice and consent of the Senate, the following:
(1) 1 additional district judge for the northern district of Alabama, who shall be appointed no earlier than October 1, 2006.
(2) 1 additional district judge for the middle district of Alabama, who shall be appointed no earlier than October 1, 2008.
(3) 3 additional district judges for the district of Arizona, who shall be appointed no earlier than October 1, 2007.
(4) 1 additional district judge for the northern district of California, who shall be appointed no earlier than October 1, 2006.
(5) 3 additional district judges for the eastern district of California, who shall be appointed no earlier than October 1, 2006.
(6) 1 additional district judge for the central district of California, who shall be appointed no earlier than October 1, 2005.
(7) 2 additional district judges for the southern district of California, who shall be appointed no earlier than October 1, 2005.
(8) 2 additional district judges for the middle district of Florida, who shall be appointed no earlier than October 1, 2007.
(9) 4 additional district judges for the southern district of Florida, who shall be appointed no earlier than October 1, 2005.
(10) 1 additional district judge for the district of Idaho, who shall be appointed no earlier than October 1, 2008.
(11) 1 additional district judge for the western district of Missouri, who shall be appointed no earlier than October 1, 2008.
(12) 1 additional district judge for the district of Nebraska, who shall be appointed no earlier than October 1, 2006.
(13) 2 additional district judges for the district of New Mexico, one of whom shall be appointed no earlier than October 1, 2005, and one of whom shall be appointed no earlier than October 1, 2008.
(14) 3 additional district judges for the eastern district of New York, who shall be appointed no earlier than October 1, 2007.
(15) 1 additional district judge for the district of Oregon, who shall be appointed no earlier than October 1, 2010.
(16) 1 additional district judge for the district of South Carolina, who shall be appointed no earlier than October 1, 2008.
(17) 1 additional district judge for the district of Utah, who shall be appointed no earlier than October 1, 2008.
(18) 2 additional district judges for the eastern district of Virginia, who shall be appointed no earlier than October 1, 2006.
(19) 1 additional district judge for the western district of Washington, who shall be appointed no earlier than October 1, 2009.
SEC. 2. CONVERSION OF TEMPORARY TO PERMANENT JUDGESHIPS.
The existing judgeships for the eastern district of California, the district of Hawaii, the district of Kansas, and the eastern district of Missouri, that were authorized by section 203(c) of the Judicial Improvements Act of 1990 (28 U.S.C. 133 note; Public Law 101-650) shall, as of the date of the enactment of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall, as of such date of enactment, hold those offices under section 133 of title 28, United States Code, as amended by this Act.
SEC. 3. TEMPORARY JUDGESHIPS.
(a) Appointment.--The President shall appoint, by and with the advice and consent of the Senate, the following:
(1) 1 additional district judge for the northern district of California, who shall be appointed no earlier than October 1, 2010.
(2) 2 additional district judges for the central district of California, who shall be appointed no earlier than October 1, 2010.
(3) 3 additional district judges for the southern district of California, who shall be appointed no earlier than October 1, 2009.
(4) 1 additional district judge for the district of Colorado, who shall be appointed no earlier than October 1, 2009.
(5) 1 additional district judge for the middle district of Florida, who shall be appointed no earlier than October 1, 2010.
(6) 1 additional district judge for the northern district of Illinois, who shall be appointed no earlier than October 1, 2009.
(7) 1 additional district judge for the northern district of Indiana, who shall be appointed no earlier than October 1, 2009.
(8) 1 additional district judge for the southern district of Indiana, who shall be appointed no earlier than October 1, 2010.
(9) 1 additional district judge for the northern district of Iowa, who shall be appointed no earlier than October 1, 2010.
(10) 1 additional district judge for the district of New Mexico, who shall be appointed no earlier than October 1, 2008.
(11) 1 additional district judge for the eastern district of New York, who shall be appointed no earlier than October 1, 2009.
(12) 1 additional district judge for the western district of New York, who shall be appointed no earlier than October 1, 2008.
(b) Vacancies Not Filled.--(1) The first 2 vacancies in the office of district judge in the central district of California, occurring 10 years or more after judges are first confirmed to fill both temporary judgeships created in that district by subsection (a), shall not be filled.
(2) The first 3 vacancies in the office of district judge in the southern district of California, occurring 10 years or more after judges are first confirmed to fill all 3 temporary judgeships created in that district by subsection (a), shall not be filled.
(3) The first vacancy in the office of district judge in each district named in subsection (a), other than the central or southern district of California, occurring 10 years or more after judges are first confirmed to fill the temporary judgeship created in that district by subsection (a), shall not be filled.
SEC. 4. CONFORMING AMENDMENTS.
(a) Amendments.--The table contained in section 133(a) of title 28, United States Code, is amended--
(1) by amending the item relating to Alabama to read as follows:
“Alabama: Northern.....................................................8 ....
Middle.......................................................4 ....
Southern...................................................3”;....
(2) by amending the item relating to Arizona to read as follows:
“Arizona.................................................15”;....
(3) by amending the item relating to California to read as follows:
“California: Northern....................................................15 ....
Eastern.....................................................10 ....
Central.....................................................28 ....
Southern..................................................15”;....
(4) by amending the item relating to Florida to read as follows:
“Florida: Northern.....................................................4 ....
Middle......................................................17 ....
Southern..................................................21”;....
(5) by amending the item relating to Hawaii to read as follows:
“Hawaii...................................................4”;....
(6) by amending the item relating to Idaho to read as follows:
“Idaho....................................................3”;....
(7) by amending the item relating to Kansas to read as follows:
“Kansas...................................................6”;....
(8) by amending the item relating to Missouri to read as follows:
“Missouri: Eastern......................................................7 ....
Western......................................................6 ....
Eastern and Western........................................2”;....
(9) by amending the item relating to Nebraska to read as follows:
“Nebraska.................................................4”;....
(10) by amending the item relating to New Mexico to read as follows:
“New Mexico...............................................8”;....
(11) by amending the item relating to New York to read as follows:
“New York: Northern.....................................................5 ....
Southern....................................................28 ....
Eastern.....................................................18 ....
Western....................................................4”;....
(12) by amending the item relating to Oregon to read as follows:
“Oregon...................................................7”;....
(13) by amending the item relating to South Carolina to read as follows:
“South Carolina..........................................11”;....
(14) by amending the item relating to Utah to read as follows:
“Utah.....................................................6”;....
(15) by amending the item relating to Virginia to read as follows:
“Virginia: Eastern.....................................................13 ....
Western................................................4”; and....
(16) by amending the item relating to Washington to read as follows:
“Washington: Eastern......................................................4 ....
Western....................................................8”.....
(b) Construction.--The amendments made by subsection (a) shall not be construed to authorize the appointment of any judge on a date earlier than that authorized for that judge under section 1.
Legislative Activity
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House amendment agreed to: On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote.
October 5, 2004 • 11:48 AM
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House amendment agreed to: On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote.
October 5, 2004 • 11:48 AM
House amendment offered
October 5, 2004
Amendment agreed to Committee of the Whole
October 5, 2004 • 11:48 AM
House amendment offered/reported by : Amendment (A001) offered by Mr. Sensenbrenner.(consideration: CR H8052-8053; text: CR H8052-8053)
October 5, 2004 • 11:44 AM
Amendment (A001) offered by Mr. Sensenbrenner. (consideration: CR H8052-8053; text: CR H8052-8053)
October 5, 2004 • 11:44 AM
On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote.
October 5, 2004 • 11:48 AM