[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 878 Engrossed Amendment House (EAH)]
2d Session
S. 878
_______________________________________________________________________
AMENDMENTS
In the House of Representatives, U. S.,
October 5, 2004.
Resolved, That the bill from the Senate (S. 878) entitled ``An Act to
authorize an additional permanent judgeship in the district of Idaho, and for
other purposes'', do pass with the following
AMENDMENTS:
(1)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) One additional district judge for the northern district
of Alabama, who shall be appointed no earlier than October 1,
2006.
(2) One additional district judge for the middle district
of Alabama, who shall be appointed no earlier than October 1,
2008.
(3) Three additional district judges for the district of
Arizona, who shall be appointed no earlier than October 1,
2007.
(4) One additional district judge for the northern district
of California, who shall be appointed no earlier than October
1, 2006.
(5) Three additional district judges for the eastern
district of California, who shall be appointed no earlier than
October 1, 2006.
(6) One additional district judge for the central district
of California, who shall be appointed no earlier than October
1, 2005.
(7) Two additional district judges for the southern
district of California, who shall be appointed no earlier than
October 1, 2005.
(8) Two additional district judges for the middle district
of Florida, who shall be appointed no earlier than October 1,
2007.
(9) Four additional district judges for the southern
district of Florida, who shall be appointed no earlier than
October 1, 2005.
(10) One additional district judge for the district of
Idaho, who shall be appointed no earlier than October 1, 2008.
(11) One additional district judge for the western district
of Missouri, who shall be appointed no earlier than October 1,
2008.
(12) One additional district judge for the district of
Nebraska, who shall be appointed no earlier than October 1,
2006.
(13) Two 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) Three additional district judges for the eastern
district of New York, who shall be appointed no earlier than
October 1, 2007.
(15) One additional district judge for the district of
Oregon, who shall be appointed no earlier than October 1, 2010.
(16) One additional district judge for the district of
South Carolina, who shall be appointed no earlier than October
1, 2008.
(17) One additional district judge for the district of
Utah, who shall be appointed no earlier than October 1, 2008.
(18) Two additional district judges for the eastern
district of Virginia, who shall be appointed no earlier than
October 1, 2006.
(19) One 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) One additional district judge for the northern district
of California, who shall be appointed no earlier than October
1, 2010.
(2) Two additional district judges for the central district
of California, who shall be appointed no earlier than October
1, 2010.
(3) Three additional district judges for the southern
district of California, who shall be appointed no earlier than
October 1, 2009.
(4) One additional district judge for the district of
Colorado, who shall be appointed no earlier than October 1,
2009.
(5) One additional district judge for the middle district
of Florida, who shall be appointed no earlier than October 1,
2010.
(6) One additional district judge for the northern district
of Illinois, who shall be appointed no earlier than October 1,
2009.
(7) One additional district judge for the northern district
of Indiana, who shall be appointed no earlier than October 1,
2009.
(8) One additional district judge for the southern district
of Indiana, who shall be appointed no earlier than October 1,
2010.
(9) One additional district judge for the northern district
of Iowa, who shall be appointed no earlier than October 1,
2010.
(10) One additional district judge for the district of New
Mexico, who shall be appointed no earlier than October 1, 2008.
(11) One additional district judge for the eastern district
of New York, who shall be appointed no earlier than October 1,
2009.
(12) One 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 two 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 three 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 three 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.
(2)Page 8, line 8, strike the period at the end and insert: , whose
official duty station shall be in California.
(3)Page 8, line 13, strike the period at the end and insert: , whose
official duty station shall be in California.
(4)At the end of the bill insert the following new sections:
SEC. 6. NINTH CIRCUIT REORGANIZATION.
(a) Short Title.--This section may be cited as the ``Ninth Circuit
Judgeship and Reorganization Act of 2004''.
(b) Definitions.--In this section:
(1) Former ninth circuit.--The 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
section.
(2) New ninth circuit.--The term ``new ninth circuit''
means the ninth judicial circuit of the United States
established by the amendment made by subsection (c)(2)(A).
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by subsection (c)(2)(B).
(4) Thirteenth circuit.--The term ``thirteenth circuit''
means the thirteenth judicial circuit of the United States
established by the amendment made by subsection (c)(2)(B).
(c) Number and Composition of Circuits.--Section 41 of title 28,
United States Code, is amended--
(1) in the matter preceding the table, by striking
``thirteen'' and inserting ``fifteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth................
California, Guam,
Hawaii,
Northern
Marianas
Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth..............
Arizona, Nevada, Idaho,
Montana.
``Thirteenth...........
Alaska, Oregon,
Washington.''.
(d) Places of Circuit Court.--The 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:
``Ninth................
San Francisco, Los
Angeles.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth..............
Las Vegas, Phoenix.
``Thirteen.............
Portland, Seattle.''.
(e) Assignment of Circuit Judges.--Each 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 section--
(1) is in California, Guam, Hawaii, or the Northern
Marianas Islands shall be a circuit judge of the new ninth
circuit as of such effective date;
(2) is in Arizona, Nevada, Idaho, or Montana shall be a
circuit judge of the twelfth circuit as of such effective date;
and
(3) is in Alaska, Oregon, or Washington shall be a circuit
judge of the thirteenth circuit as of such effective date.
(f) Election of Assignment by Senior Judges.--Each judge who is a
senior circuit judge of the former ninth circuit on the day before the
effective date of this section may elect to be assigned to the new
ninth circuit, the twelfth circuit, or the thirteenth circuit as of
such effective date, and shall notify the Director of the
Administrative Office of the United States Courts of such election.
(g) Seniority of Judges.--The seniority of each judge--
(1) who is assigned under subsection (e), or
(2) who elects to be assigned under subsection (f),
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
(h) Application to cases.--The following apply to any case in
which, on the day before the effective date of this section, an appeal
or other proceeding has been filed with the former ninth circuit:
(1) 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 section 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 section 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) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this
section, or submitted before the effective date of this section
and decided on or after such effective date as provided in
paragraph (1), shall be treated in the same manner and with the
same effect as though this section had not been enacted. If a
petition for rehearing en banc is granted, the matter shall be
reheard by a court comprised as though this section had not
been enacted.
(i) Temporary Assignment of Circuit Judges Among Circuits.--Section
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 or
the Thirteenth Circuit, designate and assign temporarily any circuit
judge of the Ninth Circuit to act as circuit judge in the Twelfth
Circuit or Thirteenth 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 or
Thirteenth Circuit, designate and assign temporarily any circuit judge
of the Twelfth Circuit to act as circuit judge in the Ninth Circuit or
Thirteenth Circuit.
``(e) The chief judge of the Thirteenth Circuit may, in the public
interest and upon request by the chief judge of the Ninth Circuit or
the Twelfth Circuit, designate and assign temporarily any circuit judge
of the Thirteenth Circuit to act as circuit judge in the Ninth Circuit
or Twelfth Circuit.''.
(j) Temporary Assignment of District Judges Among Circuits.--
Section 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 or Thirteenth 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 Thirteenth 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 or Thirteenth 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
or Thirteenth 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 Thirteenth 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 or Thirteenth Circuit.
``(h) The chief judge of the United States Court of Appeals for the
Thirteenth Circuit may in the public interest--
``(1) upon request by the chief judge of the Ninth Circuit
or Twelfth Circuit, designate and assign 1 or more district
judges within the Thirteenth Circuit to sit upon the Court of
Appeals of the Ninth Circuit or 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 Thirteenth Circuit to hold a district court in any
district within the Ninth Circuit or Twelfth Circuit.
``(i) Any designations or assignments under subsection (f), (g), or
(h) 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.''.
(k) Administrative Coordination.--Section 332 of title 28, United
States Code, is amended by adding at the end the following:
``(i) Any 2 contiguous circuits among the Ninth Circuit, Twelfth
Circuit, and Thirteenth Circuit may jointly carry out such
administrative functions and activities as the judicial councils of the
2 circuits determine may benefit from coordination or consolidation.''.
(l) Administration.--The court of appeals for the ninth circuit as
constituted on the day before the effective date of this section may
take such administrative action as may be required to carry out this
section and the amendments made by this section. Such court shall cease
to exist for administrative purposes 2 years after the date of the
enactment of this Act.
SEC. 7. NUMBER OF CIRCUIT JUDGES
The table contained in section 44(a) of title 28, United States
Code, is amended--
(1) by amending the item relating to the first circuit to
read follows:
``First................................................. 7'';
(2) by amending the item relating to the second circuit to
read follows:
``Second................................................ 15'';
(3) by amending the item relating to the sixth circuit to
read as follows:
``Sixth................................................. 17'';
(4) by amending the item relating to the ninth circuit to
read as follows:
``Ninth................................................. 19'';
and
(5) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth............................................... 8
``Thirteenth............................................ 6''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Section 6.--Section 6 and the amendments made by section 6
shall take effect on the first October 1 that occurs on or after 9
months after the date on which all 5 judges authorized to be appointed
to the ninth circuit court of appeals under section 5(a), and both
judges authorized to be appointed under section 5(b), have been
appointed, by and with the advice and consent of the Senate.
Amend the title so as to read ``An Act to create additional
Federal court judgeships.''.
Attest:
Clerk.