H.R. 4093House109th Congress (2005-2007)In Committee

Federal Judgeship and Administrative Efficiency Act of 2005

Legislative Activity

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8 earlier actions

HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 204.

February 8, 2006

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HouseIntro Referral

Introduced in House

October 20, 2005

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E2141)

October 20, 2005

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

October 20, 2005

HouseCommittee

Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee

October 24, 2005

HouseCommittee

Subcommittee on Courts, the Internet, and Intellectual Property Discharged.

Judiciary Committee

October 27, 2005

HouseCommittee

Committee Consideration and Mark-up Session Held.

Judiciary Committee

October 27, 2005

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 12.

Judiciary Committee

October 27, 2005

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 109-373.

Judiciary Committee

February 8, 2006

HouseCalendars

Placed on the Union Calendar, Calendar No. 204.

February 8, 2006

Floor Debate

2 members

What members said about H.R. 4093 on the floor

2 Republicans

Rep. Michael K. SimpsonR-ID-2 · Mar 15, 2006

Mr. Speaker, article III of the Constitution states that ``the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.'' At times in our Nation's history, Congress has found it necessary to realign the United States Courts of Appeals into more efficient and manageable circuits. Once again, it's time for Congress to exercise its article III powers by realigning the Ninth Circuit and creating a new Twelfth Circuit.

I am pleased to be an original co-sponsor of Judiciary Chairman Sensenbrenner's H.R. 4093, the Federal Judgeship and Administrative Efficiency Act of 2005. In addition to creating additional federal judgeships, this legislation would divide the Ninth into two circuits. These would consist of a new Ninth made up of California, Hawaii, Guam and the Northern Marianas, and a new Twelfth with Alaska, Washington, Oregon, Montana, Idaho, Nevada, and Arizona.

Mr. Speaker, this division makes sense. Putting aside any political, historical or emotional arguments, the numbers speak for themselves. A split of the Ninth Circuit is necessary because it has become disproportionately large and unwieldy in relation to the other eleven regional circuits.

The Honorable John M. Roll, U.S. District Judge for Arizona, has recently provided me with updated statistics regarding the Ninth Circuit. This is where the Ninth Circuit stands today:

The population of the Ninth Circuit is 58 million people. This is one-fifth of the population of the United States. It is also 27 million more people than reside in the next largest circuit.

The Ninth Circuit consists of 9 states (including the most populous state), a territory, and a commonwealth. The other circuits average less than four states. No other circuit decides the law for 9 states.

As of December 31, 2005, the Ninth Circuit had nearly 17,000 pending cases, which represents 28 percent of all pending federal appeals.

According to recent statistics from the Administrative Office of U.S. Courts, the Ninth Circuit is now the slowest circuit in the country, by more than 2 months, for each of its nearly 17,000 cases, from filing of notice of appeal to disposition.

The Ninth Circuit has 28 authorized active circuit judgeships. The other 11 geographical circuits average less than 13.

It is clear from these facts that the extraordinary growth of the nine western states comprising the Ninth has resulted in an overpopulated circuit that has become a giant among the twelve circuits.

Ninth Circuit Judges O'Scannlain and Tallman hit it on the head when they wrote in the Wall Street Journal that ``. . . size adversely affects not only the speed with which justice is administered, but also the quality of judicial decision making. Consistent interpretation of the law by an appellate court requires a reasonably small body of judges who have the opportunity to sit and to confer together frequently, and who can read, critique and, when necessary, correct each others' decisions. That kind of collegiality is no longer possible in a circuit of this size.'' This statement describes precisely why we need to split the Ninth Circuit.

With a fifth of the U.S. population living in the Ninth Circuit today, I would expect that this could easily become a fourth of the population. Today's 28 active Ninth Circuit judges will eventually become 35, then 40, 50 and so on.

The Ninth Circuit has a history to be proud of, but how long will it be before those who seek to hold onto the past glory of the Ninth come to realize that it should not be recognized for its unique solutions for coping with staggering caseloads and an inability to readily sit all judges? Under this legislation, the new Ninth and Twelfth Circuits will be recognized as individual circuits that have been given a fresh start, fresh life, and fresh collegiality with efficiencies that allow judges in the new circuits to focus on case law and not case management.

Opponents of a split have ascribed political motivations to my efforts--that I, being the author and proponent of realignment legislation, don't like the decisions of the Ninth Circuit. Well, the Ninth does make bad decisions that I don't agree with. For that matter judges appointed by Nixon, Reagan and both presidents Bush make bad decisions that I don't always agree with. Every circuit in the United States makes bad decisions that I don't always agree with. The practical effect of a court ruling is that one party will be pleased and the other disappointed.

Should a circuit be realigned, or manipulated in a manner such as ``court packing'' solely for political reasons? Absolutely not. However, the fact that my colleagues and I may disagree with certain rulings of the Ninth Circuit should not automatically disqualify us from seeking to realign the circuit. Ascribing political motivations to my colleagues and me is nothing more than a disingenuous smokescreen. If judges, scholars, politicians and others have spoken to me they know that my motivations are not political. My motivation is a desire for my constituents to have an efficient, expedient and manageable court that is able to apply a consistent interpretation of the law. In the meantime, my faith in the Supreme Court and its demonstrated readiness to overturn rulings of the Ninth Circuit, alleviates any fears that I have that an egregious ruling of the Ninth will not be corrected.

Of course split opponents must throw up the smokescreen that my fellow colleagues and I are politically motivated. What else can they do? It's impossible to argue against the facts. Having one-fifth of our nation's citizens in one circuit while the remaining four-fifths are in eleven circuits does not make sense. I have yet to hear split opponents or scholars state why it is good for a single circuit to have one-fifth of the nation's citizens in one circuit when the remaining four-fifths are in eleven other circuits. I do not know why having 28 percent of all pending appeals in one circuit is a sign of an effectively working court. I have not heard why it is good for a circuit to have 28 active judgeships, which is eleven more judges than the next largest circuit and more than double the circuit average of 13. I don't know why it is good for Idahoans to have their appeals heard en banc by a partial number of our court of appeals' judges when citizens in the other eleven circuits will get a hearing before all the judges of their circuit. Is this fair to citizens of the Ninth? I don't believe it is.

I look forward to reading the first article, or speech from a federal judge, politician or scholar that sets aside any reference to politics or the political motivations of others and explains why it is a good thing to have a single circuit with one-fifth of the nation's population, 28 active judgeships and a procedure for a partial number of judges to hear cases. I would also take the liberty of asking a theoretical question to that judge, politician or scholar and it goes like this--if you were to start from scratch and create 12 new circuits for our nation, would you place one-fifth of the population in just one of the twelve circuits? Please send a copy of that to my office here in Washington.

Something else I have heard is that our efforts to split the Ninth Circuit are ``a threat to judicial independence''. I would like to hear from any federal judge, appointed for life, whether their decisions are being influenced based on a threat that their circuit might be realigned? I find it hard to believe that judges, who at times must put their lives on the line for our country in the face of threats and intimidation by criminal defendants, are scared of politicians in Washington, D.C. Once again, please feel free to contact my office here in Washington if that is the case, I promise confidentiality.

Another thing I hear thrown about is an idea I like to call ``judicial veto authority''. What I'm hearing is that since a majority of the Ninth Circuit judges might not favor a split then it shouldn't go forward. I would ask the proponents of this idea, the proposition that sitting circuit judges need approve of a split before it goes forward, where this is found in Article III?

I do not believe that the composition of a circuit should be determined solely out of concern for its judges, lawyers, bar associations or even politicians. It should be determined by how best the people are served within the states it encompasses. Realigning the Ninth Circuit is about better serving the people who live and work in the nine states and two territories within its boundaries. It's about providing them with better efficiencies, a more consistent interpretation of the law based on rulings made by judges who spend more time conferring directly with one another and reading each other's decisions.

In addition, although the costs of dividing a circuit are important in these days of budgetary constraint, they should not be the reason for disregarding the benefits that would befall the citizens of nine states and two territories. Opponents of a Ninth Circuit split have made note that a new Twelfth Circuit would be costly, with some estimating as high as $21 million in additional court costs annually.

As a member of the Budget Committee it's a wonder that we are not today seeking the savings that would come from creating five larger circuits consisting of say: the Fourth and Sixth plus Georgia; the Fifth and Tenth plus Alabama and Florida; the First, Second and Third; the Eighth and Seventh; and the Ninth alone. Combining those circuits could save us upwards of $150 million a year in operating costs alone.

The reason we are not debating whether to create larger circuit courts of equal size to the Ninth is because it does not make sense to have large circuits. We already have one large court--the United States Supreme Court. I am told that there is a saying that goes ``there is the Supreme Court, the Ninth Circuit, and the rest of the federal circuits.'' What we need now are 13 circuits of roughly equal proportion--not Snow Ninth and the 11 dwarfs.

Two other things I would mention. I have yet to hear calls for returning the Fifth and Eleventh Circuits into their original circuit. From what I know, the division that was undertaken in 1981 has settled out well. Finally, for those who are committed to the ``old'' Ninth-- they can rest easier knowing that even after shedding seven states, the ``new'' Ninth will remain the largest circuit in the United States.

As we move forward with our legislation to realign the Ninth Circuit, I look forward to split opponents coming out from behind their political smokescreens and discussing the facts at hand which are indisputable--the Ninth Circuit is too large and unwieldy. No amount of technology and innovation is going to provide my constituents with the efficiency and expediency that they deserve as well. The current judges of the Ninth deserve a collegial atmosphere where they can spend time on case law and not case management.

I appreciate the leadership Chairman Sensenbrenner has provided in our efforts and look forward to working with him in the coming year as H.R. 4093 and the Ninth Circuit realignment become a reality.

Rep. F. James Sensenbrenner, Jr.R-WI-5 · Oct 20, 2005

Mr. Speaker, today I am Introducing the ``Federal Judgeship and Administrative Efficiency Act of 2005.'' I urge the House to pass the legislation expeditiously. The purpose of this bill is to provide…

Mr. Speaker, today I am Introducing the ``Federal Judgeship and Administrative Efficiency Act of 2005.'' I urge the House to pass the legislation expeditiously.

The purpose of this bill is to provide the President with the necessary authority to appoint needed circuit and district court judges and to increase the number of authorized bankruptcy judgeships.

A further purpose is to make changes in the structure of the court of appeals system, which are required to modernize, streamline, and improve the administration of justice for nearly one in five Americans.

Mr. Speaker, the last comprehensive judgeship bill that was passed by Congress was enacted in 1990. Since that time, the volume of cases handled by the judiciary has increased substantially.

The Federal Judgeship and Administrative Efficiency Act authorizes the creation of 68 new judgeships--12 at the circuit court level and 56 at the district courts. In addition, the bill contains authority to create 24 new permanent or temporary bankruptcy judgeships.

These new judgeships will benefit districts across America. When confirmed, these new judges will be in a position to help address a growing backlog of cases that threatens to clog our courts and imposes substantial human and economic costs on our citizens.

A judiciary that fails in its basic obligation to dispense justice in a timely, fair, and dispassionate manner compromises its own credibility. A court that is too far removed from those whose disputes it is responsible for adjudicating impose severe costs on those who must appear before it. The bill before us speaks to these concerns by providing for the realignment of the Ninth Circuit Court of Appeals and the establishment of a new Twelfth Circuit Court of Appeals.

The Ninth has become so big--in geographic size, in workload, in number of active and senior judges--that it can no longer appropriately discharge its civic functions on behalf of the American people.

Consider: The Ninth has 47 judges, a figure that approaches twice the number of total judges of the next largest circuit. The Ninth represents 56 million people, or roughly one-fifth of our Nation's population. This is 25 million more people than the second largest circuit. The Ninth encompasses nearly 40 percent of the geographic area of the United States.

The Ninth Circuit also has the most number of appeals filed and the highest percentage increase in appeals filed over the past 4 years. It is the circuit-wide leader in the number of appeals still pending and ranks a close second in the longest median time until disposition.

Given these and other problems created by the mammoth breadth and size of the Ninth, I believe the responsible action is to modernize and streamline the structure of the Courts of Appeals.

Briefly, H.R. 4093 creates a new Ninth that will feature California, Guam, Hawaii, and the Northern Mariana Islands. The new Twelfth will consist of the States of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington.

Importantly in this regard, H.R. 4093 authorizes the President to appoint five new judges to permanent Ninth Circuit seats along with two other judges who will fill temporary seats. My bill provides that the official duty station for these newly authorized judges will be in California.

These additions are consistent with requests made by the Judicial Conference and will ensure that future caseload demands on the new Ninth will more closely mirror its judgeship resources. California is not being singled out or punished by this legislation. Quite the contrary, the district and circuit courts that affect the rights of the citizens of California are being provided with their proportionate share of resources and being liberated to become more productive.

Mr. Speaker, bigger does not always mean better. The constant expansion of the size of a court without also adopting commensurate reforms will, most assuredly, not result in improving the performance of the judiciary.

The allocation of judicial resources must be made with an eye toward achieving structural coherence within each circuit.

H.R. 4093 accomplishes that purpose and I urge its adoption.

Bill Text

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Reported in HouseIssued February 8, 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4093 Reported in House (RH)]

Union Calendar No. 204
109th CONGRESS
2d Session
H. R. 4093

[Report No. 109-373]

To provide for the appointment of additional Federal circuit and
district judges, to improve the administration of justice, and for
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 20, 2005

Mr. Sensenbrenner (for himself and Mr. Simpson) introduced the
following bill; which was referred to the Committee on the Judiciary

February 8, 2006

Additional sponsors: Mr. Feeney, Mr. Otter, Mr. Keller, Mr. Coble, Mr.
Bachus, Ms. Ginny Brown-Waite of Florida, Mr. Hastings of Washington,
Mr. McCotter, and Mr. McHenry

February 8, 2006

Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on October
20, 2005]

_______________________________________________________________________

A BILL

To provide for the appointment of additional Federal circuit and
district judges, to improve the administration of justice, 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 ``Federal Judgeship and Administrative
Efficiency Act of 2005''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--CIRCUIT AND DISTRICT JUDGESHIPS

Sec. 101. Short title.
Sec. 102. Circuit judges for the circuit courts of appeals.
Sec. 103. District judges for the district courts.
Sec. 104. Establishment of article III court in the Virgin Islands.
Sec. 105. Effective date.

TITLE II--BANKRUPTCY JUDGESHIPS

Sec. 201. Short title.
Sec. 202. Authorization for additional bankruptcy judgeships.
Sec. 203. Temporary bankruptcy judgeships.
Sec. 204. Conversion of existing temporary bankruptcy judgeships.
Sec. 205. General provisions.
Sec. 206. Effective date.

TITLE III--NINTH CIRCUIT REORGANIZATION

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Number and composition of circuits.
Sec. 304. Number of circuit judges.
Sec. 305. Places of circuit court.
Sec. 306. Assignment of circuit judges.
Sec. 307. Election of assignment by senior judges.
Sec. 308. Seniority of judges.
Sec. 309. Application to cases.
Sec. 310. Temporary assignment of circuit judges among circuits.
Sec. 311. Temporary assignment of district judges among circuits.
Sec. 312. Administration.
Sec. 313. Effective date.

TITLE IV--AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

TITLE I--CIRCUIT AND DISTRICT JUDGESHIPS

SEC. 101. SHORT TITLE.

This title may be cited as the ``Federal Judgeship Act of 2005''.

SEC. 102. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS.

(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 1 additional circuit judge for the first circuit court
of appeals;
(2) 2 additional circuit judges for the second circuit
court of appeals;
(3) 1 additional circuit judge for the sixth circuit court
of appeals; and
(4) 5 additional circuit judges for the ninth circuit court
of appeals, whose official duty station shall be in California.
(b) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 1 additional circuit judge for the eighth
circuit court of appeals; and
(B) 2 additional circuit judges for the ninth
circuit court of appeals, whose official duty station
shall be in California.
(2) Vacancies.--
(A) Eighth circuit.--The first vacancy in the
office of circuit judge in the eighth circuit court of
appeals, occurring 10 years or more after the
confirmation date of the judge named to fill the
circuit judgeship created in that circuit by paragraph
(1)(A) shall not be filled.
(B) Ninth circuit.--The first 2 vacancies in the
office of circuit judge in the ninth circuit court of
appeals, occurring 10 years or more after judges are
first confirmed to fill both temporary circuit
judgeships created by paragraph (1)(B) shall not be
filled.
(c) Table of Judgeships.--In order that the table contained in
section 44 of title 28, United States Code, will, with respect to each
judicial circuit, reflect the changes in the total number of permanent
circuit judgeships authorized under subsection (a) of this section,
such table is amended to read as follows:

Number of
``Circuits
Judges
District of Columbia...............................       12
First..............................................        7
Second.............................................       15
Third..............................................       14
Fourth.............................................       15
Fifth..............................................       17
Sixth..............................................       17
Seventh............................................       11
Eighth.............................................       11
Ninth..............................................       33
Tenth..............................................       12
Eleventh...........................................       12
Federal............................................    12.''.

SEC. 103. DISTRICT JUDGES FOR THE DISTRICT COURTS.

(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 1 additional district judge for the northern district
of Alabama;
(2) 4 additional district judges for the district of
Arizona;
(3) 3 additional district judges for the northern district
of California;
(4) 4 additional district judges for the eastern district
of California;
(5) 4 additional district judges for the central district
of California;
(6) 1 additional district judge for the southern district
of California;
(7) 1 additional district judge for the district of
Colorado;
(8) 4 additional district judges for the middle district of
Florida;
(9) 3 additional district judges for the southern district
of Florida;
(10) 1 additional district judge for the district of Idaho;
(11) 1 additional district judge for the northern district
of Illinois;
(12) 1 additional district judge for the southern district
of Indiana;
(13) 1 additional district judge for the western district
of Missouri;
(14) 1 additional district judge for the district of
Nebraska;
(15) 1 additional district judge for the district of
Nevada;
(16) 1 additional district judge for the district of New
Mexico;
(17) 3 additional district judges for the eastern district
of New York;
(18) 1 additional district judge for the western district
of New York;
(19) 1 additional district judge for the district of
Oregon;
(20) 1 additional district judge for the district of South
Carolina;
(21) 3 additional district judges for the southern district
of Texas;
(22) 2 additional district judges for the eastern district
of Virginia; and
(23) 1 additional district judge for the western district
of Washington.
(b) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 1 additional district judge for the middle
district of Alabama;
(B) 1 additional district judge for the district of
Arizona;
(C) 1 additional district judge for the northern
district of California;
(D) 1 additional district judge for the district of
Colorado;
(E) 1 additional district judge for the middle
district of Florida;
(F) 1 additional district judge for the northern
district of Iowa;
(G) 1 additional district judge for the district of
Minnesota;
(H) 1 additional district judge for the district of
New Jersey;
(I) 1 additional district judge for the district of
New Mexico;
(J) 1 additional district judge for the southern
district of Ohio;
(K) 1 additional district judge for the district of
Oregon; and
(L) 1 additional district judge for the district of
Utah.
(2) Vacancies not filled.--The first vacancy in the office
of district judge in each of the judicial districts named in
paragraph (1) occurring 10 years or more after the confirmation
date of the judge named to fill the district judgeship created
in that district by paragraph (1) shall not be filled.
(c) Existing Judgeships.--
(1) Permanent judgeships.--The existing judgeships for the
district of Hawaii, the district of Kansas, and the eastern
district of Missouri authorized by section 203(c) of the
Judicial Improvements Act of 1990 (Public Law 101-650; 28
U.S.C. 133 note) shall, as of the effective date of this Act,
be authorized under section 133 of title 28, United States
Code, and the incumbents in those offices shall hold the office
under section 133 of title 28, United States Code, as amended
by this Act.
(2) Extension of temporary judgeship.--Section 203(c) of
the Judicial Improvements Act of 1990 (Public Law 101-650; 28
U.S.C. 133 note) is amended in the fifth sentence (relating to
the northern district of Ohio) by striking ``15 years'' and
inserting ``20 years''.
(d) Table of Judgeships.--In order that the table contained in
section 133(a) of title 28, United States Code, will, with respect to
each judicial district, reflect the changes in the total number of
permanent district judgeships authorized under subsections (a) and (c)
of this section, such table is amended to read as follows:

``Districts
Judges
``Alabama:
``Northern.........................................      8
``Middle...........................................      3
``Southern.........................................      3
``Alaska...................................................      3
``Arizona..................................................     16
``Arkansas:
``Eastern..........................................      5
``Western..........................................      3
``California:
``Northern.........................................     17
``Eastern..........................................     10
``Central..........................................     31
``Southern.........................................     14
``Colorado.................................................      8
``Connecticut..............................................      8
``Delaware.................................................      4
``District of Columbia.....................................     15
``Florida:
``Northern.........................................      4
``Middle...........................................     19
``Southern.........................................     20
``Georgia:
``Northern.........................................     11
``Middle...........................................      4
``Southern.........................................      3
``Hawaii...................................................      4
``Idaho....................................................      3
``Illinois:
``Northern.........................................     23
``Central..........................................      4
``Southern.........................................      4
``Indiana:
``Northern.........................................      5
``Southern.........................................      6
``Iowa:
``Northern.........................................      2
``Southern.........................................      3
``Kansas...................................................      6
``Kentucky:
``Eastern..........................................      5
``Western..........................................      4
``Eastern and Western..............................      1
``Louisiana:
``Eastern..........................................     12
``Middle...........................................      3
``Western..........................................      7
``Maine....................................................      3
``Maryland.................................................     10
``Massachusetts............................................     13
``Michigan:
``Eastern..........................................     15
``Western..........................................      4
``Minnesota................................................      7
``Mississippi:
``Northern.........................................      3
``Southern.........................................      6
``Missouri:
``Eastern..........................................      7
``Western..........................................      6
``Eastern and Western..............................      2
``Montana..................................................      3
``Nebraska.................................................      4
``Nevada...................................................      8
``New Hampshire............................................      3
``New Jersey...............................................     17
``New Mexico...............................................      7
``New York:
``Northern.........................................      5
``Southern.........................................     28
``Eastern..........................................     18
``Western..........................................      5
``North Carolina:
``Eastern..........................................      4
``Middle...........................................      4
``Western..........................................      4
``North Dakota.............................................      2
``Ohio:
``Northern.........................................     11
``Southern.........................................      8
``Oklahoma:
``Northern.........................................      3
``Eastern..........................................      1
``Western..........................................      6
``Northern, Eastern, and Western...................      1
``Oregon...................................................      7
``Pennsylvania:
``Eastern..........................................     22
``Middle...........................................      6
``Western..........................................     10
``Puerto Rico..............................................      7
``Rhode Island.............................................      3
``South Carolina...........................................     11
``South Dakota.............................................      3
``Tennessee:
``Eastern..........................................      5
``Middle...........................................      4
``Western..........................................      5
``Texas:
``Northern.........................................     12
``Southern.........................................     22
``Eastern..........................................      7
``Western..........................................     13
``Utah.....................................................      5
``Vermont..................................................      2
``Virginia:
``Eastern..........................................     13
``Western..........................................      4
``Washington:
``Eastern..........................................      4
``Western..........................................      8
``West Virginia:
``Northern.........................................      3
``Southern.........................................      5
``Wisconsin:
``Eastern..........................................      5
``Western..........................................      2
``Wyoming..................................................   3.''.

SEC. 104. ESTABLISHMENT OF ARTICLE III COURT IN THE VIRGIN ISLANDS.

(a) Establishment of Judicial District.--
(1) Virgin islands.--Chapter 5 of title 28, United States
Code, is amended by inserting after section 126 the following
new section:
``Sec. 126A. Virgin Islands
``The Virgin Islands constitutes 1 judicial district comprising 2
divisions.
``(1) The Saint Croix Division comprises the Island of
Saint Croix and adjacent islands and cays.
``Court for the Saint Croix Division shall be held
at Christiansted.
``(2) The Saint Thomas and Saint John Division comprises
the Islands of Saint Thomas and Saint John and adjacent islands
and cays.
``Court for the Saint Thomas and Saint John
Division shall be held at Charlotte-Amalie.''.
(2) Technical and conforming amendment.--The table of
contents for chapter 5 of title 28, United States Code, is
amended by inserting after the item relating to section 126 the
following:

``126A. Virgin Islands.''.
(b) Number of Judges.--The table contained in section 133(a) of
title 28, United States Code, is amended by inserting after the item
relating to Vermont the following:

``Virgin Islands............................................       2''.
(c) Bankruptcy Judges.--The table contained in section 152(a)(2) of
title 28, United States Code, is amended by inserting after the item
relating to Vermont the following:

``Virgin Islands............................................       0''.
(d) Judicial Conferences of Circuits.--Section 333 of title 28,
United States Code, is amended in the third sentence of the first
undesignated paragraph--
(1) by striking ``, the District Court of the Virgin
Islands,''; and
(2) by striking ``to the conferences of their respective
circuits'' and inserting ``to the conference of the ninth
circuit''.
(e) Judges in Territories and Possessions.--Section 373 of title
28, United States Code, is amended--
(1) in subsection (a), by striking ``, the District Court
of the Northern Mariana Islands, or the District Court of the
Virgin Islands'' and inserting ``or the District Court of the
Northern Mariana Islands''; and
(2) in subsection (e), by striking ``, the District Court
of the Northern Mariana Islands, or the District Court of the
Virgin Islands'' and inserting ``or the District Court of the
Northern Mariana Islands''.
(f) Annuities for Survivors of Certain Judicial Officials of the
United States.--Section 376(a) of title 28, United States Code, is
amended--
(1) in paragraph (1)(B), by striking ``, the District Court
of the Northern Mariana Islands, or the District Court of the
Virgin Islands'' and inserting ``or the District Court of the
Northern Mariana Islands''; and
(2) in paragraph (2)(B), by striking ``, the District Court
of the Northern Mariana Islands, or the District Court of the
Virgin Islands'' and inserting ``or the District Court of the
Northern Mariana Islands''.
(g) Authority of Attorney General.--Section 526(a)(2) of title 28,
United States Code, is amended by striking ``and of the district court
of the Virgin Islands''.
(h) Courts Defined.--Section 610 of title 28, United States Code,
is amended--
(1) by striking ``the United States District Court for the
District of the Canal Zone,''; and
(2) by striking ``the District Court of the Virgin
Islands,''.
(i) United States Magistrate Judges.--Section 631(a) of title 28,
United States Code, is amended--
(1) in the first sentence, by striking ``the Virgin
Islands, Guam,'' and inserting ``Guam''; and
(2) in the second sentence, by striking ``the Virgin
Islands, Guam,'' and inserting ``Guam''.
(j) Court Reporters.--Section 753(a) of title 28, United States
Code, is amended by striking ``, the United States District Court for
the District of the Canal Zone, the District Court of Guam, and the
District Court of the Virgin Islands'' and inserting ``and the District
Court of Guam''.
(k) Final Decisions of District Courts.--Section 1291 of title 28,
United States Code, is amended by striking ``, the United States
District Court for the District of the Canal Zone, the District Court
of Guam, and the District Court of the Virgin Islands,'' and inserting
``and the District Court of Guam,''.
(l) Interlocutory Decisions.--Section 1292 of title 28, United
States Code, is amended--
(1) in subsection (a), by striking ``, the United States
District Court for the District of the Canal Zone, the District
Court of Guam, and the District Court of the Virgin Islands,''
and inserting ``and the District Court of Guam,''; and
(2) in subsection (d)(4)(A), by striking ``the District
Court of the Virgin Islands,''.
(m) Jurisdiction of the United States Court of Appeals for the
Federal Circuit.--Section 1295(a) of title 28, United States Code, is
amended in paragraphs (1) and (2)--
(1) by striking ``the United States District Court for the
District of the Canal Zone,''; and
(2) by striking ``the District Court of the Virgin
Islands,''.
(n) United States as Defendant.--Section 1346(b)(1) of title 28,
United States Code, is amended by striking ``, together with the United
States District Court for the District of the Canal Zone and the
District Court of the Virgin Islands,''.
(o) Adequate Representation of Defendants.--Section 3006A(j) of
title 18, United States Code, is amended by striking ``the District
Court of the Virgin Islands,''.
(p) Savings Provisions.--
(1) Tenure of incumbent judges.--A judge of the District
Court of the Virgin Islands in office on the effective date of
this section shall continue in office until the expiration of
the term for which the judge was appointed, or until the judge
dies, resigns, or is removed from office, whichever occurs
first. When a vacancy occurs on the court on or after the
effective date of this section, the President, in accordance
with section 133(a) of title 28, United States Code, shall
appoint, by and with the advice and consent of the Senate, a
district judge for the District of the Virgin Islands.
(2) Retirement rights and benefits.--The amendments made by
this section shall not affect the rights under sections 373 and
376 of title 28, United States Code, of any judge of the
District Court of the Virgin Islands who retires on or before
the effective date of this section or who continues in office
after that date under paragraph (1) of this subsection. Service
as a judge of the District Court of the Virgin Islands
appointed under section 24 of the Revised Organic Act of the
Virgin Islands (48 U.S.C. 1614) shall be included in
calculating service under sections 371 and 372 of title 28,
United States Code, and shall not be counted for purposes of
section 373 of that title, if the judge is reappointed, after
the effective date of this section, under section 133(a) of
title 28, United States Code, as district judge for the
District of the Virgin Islands.
(q) Amendments to Revised Organic Act of the Virgin Islands.--
(1) Repeals.--Sections 24, 25, 26, and 27 of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1614, 1615, 1616
and 1617) are repealed.
(2) Rights and prohibitions.--Section 3 of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1561) is amended
in the 23d undesignated paragraph--
(A) by inserting ``article III;'' after ``section
9, clauses 2 and 3;'' and
(B) by striking ``That all offenses against the
laws of the United States'' and all that follows
through ``section 22(b) of this Act or'' and inserting
``That all offenses against the laws of the Virgin
Islands which are prosecuted''.
(3) Jurisdiction.--Section 21 of the Revised Organic Act of
the Virgin Islands (48 U.S.C. 1611) is amended to read as
follows:

``SEC. 21. JURISDICTION OF THE COURTS OF THE VIRGIN ISLANDS.

``(a) Jurisdiction of the Courts of the Virgin Islands.--The
judicial power of the Virgin Islands shall be vested in such trial and
appellate courts as may have been or may hereafter be established by
local law. The local courts of the Virgin Islands shall have
jurisdiction over all causes of action in the Virgin Islands over which
any court established by the Constitution and laws of the United States
does not have exclusive jurisdiction.
``(b) Practice and Procedure.--The rules governing the practice and
procedure of the courts established by local law and those prescribing
the qualifications and duties of the judges and officers thereof, oaths
and bonds, and the times and places of holding court shall be governed
by local law or the rules promulgated by those courts.''.
(4) Income tax matters.--Section 22 of the Revised Organic
Act of the Virgin Islands (48 U.S.C. 1612) is amended to read
as follows:

``SEC. 22. JURISDICTION OVER INCOME TAX MATTERS.

``The United States District Court for the District of the Virgin
Islands shall have exclusive jurisdiction over all criminal and civil
proceedings in the Virgin Islands with respect to the income tax laws
applicable to the Virgin Islands, except the ancillary laws relating to
the income tax enacted by the legislature of the Virgin Islands. Any
act or failure to act with respect to the income tax laws applicable to
the Virgin Islands which would constitute a criminal offense described
in chapter 75 of subtitle F of the Internal Revenue Code of 1986 shall
constitute an offense against the Government of the Virgin Islands and
may be prosecuted in the name of the Government of the Virgin Islands
by the appropriate officers thereof in the United States District Court
for the District of the Virgin Islands without the request or consent
of the United States attorney for the Virgin Islands.''.
(5) Appellate jurisdiction.--Section 23A of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1613a) is
amended--
(A) by striking ``District Court of the Virgin
Islands'' each place it appears and inserting ``United
States District Court for the District of the Virgin
Islands''; and
(B) in subsection (b), by striking ``pursuant to
section 24(a) of this Act: Provided, That no more than
one of them may be a judge of a court established by
local law.'' and inserting ``pursuant to chapter 13 of
title 28, United States Code, or a recalled senior
judge of the former District Court of the Virgin
Islands. The chief judge of the United States Court of
Appeals for the Third Circuit may assign to the
appellate division a judge of a court of record of the
Virgin Islands, except that no more than 1 of the
judges sitting in the appellate division at any session
may be a judge of a court established by local law.''.
(r) Additional References.--Any reference in any provision of law
to the ``District Court of the Virgin Islands'' shall, on and after the
effective date of this section, be deemed to be a reference to the
United States District Court for the District of the Virgin Islands.
(s) Effective Date.--This section and the amendments made by this
section shall take effect at the end of the 90-day period beginning on
the date of the enactment of this Act. Any complaint or proceeding
pending in the District Court of the Virgin Islands on the effective
date of this section may be pursued to final determination in the
United States District Court for the District of the Virgin Islands,
the United States Court of Appeals for the Third Circuit, the United
States Court of Appeals for the Federal Circuit, and the Supreme Court
of the United States.

SEC. 105. EFFECTIVE DATE.

Except as provided in section 104(s), this title and the amendments
made by this title shall take effect on the date of the enactment of
this Act.

TITLE II--BANKRUPTCY JUDGESHIPS

SEC. 201. SHORT TITLE.

This title may be cited as the ``Enhanced Bankruptcy Judgeship Act
of 2005''.

SEC. 202. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.

The following judgeships shall be filled in the manner prescribed
in section 152(a)(1) of title 28, United States Code, for the
appointment of bankruptcy judges provided for in section 152(a)(2) of
such title:
(1) 1 additional bankruptcy judgeship for the eastern and
western districts of Arkansas.
(2) 1 additional bankruptcy judgeship for the eastern
district of California.
(3) 2 additional bankruptcy judgeships for the middle
district of Florida.
(4) 2 additional bankruptcy judgeships for the northern
district of Georgia.
(5) 1 additional bankruptcy judgeship for the southern
district of Georgia.
(6) 1 additional bankruptcy judgeship for the eastern
district of Kentucky.
(7) 1 additional bankruptcy judgeship for the district of
Maryland.
(8) 3 additional bankruptcy judgeships for the eastern
district of Michigan.
(9) 1 additional bankruptcy judgeship for the southern
district of New York.
(10) 1 additional bankruptcy judgeship for the western
district of Pennsylvania.
(11) 1 additional bankruptcy judgeship for the western
district of Tennessee.
(12) 1 additional bankruptcy judgeship for the eastern
district of Texas.
(13) 1 additional bankruptcy judgeship for the district of
Utah.

SEC. 203. TEMPORARY BANKRUPTCY JUDGESHIPS.

(a) Authorization for Additional Temporary Bankruptcy Judgeships.--
The following judgeships shall be filled in the manner prescribed in
section 152(a)(1) of title 28, United States Code, for the appointment
of bankruptcy judges provided for in section 152(a)(2) of such title:
(1) 1 additional bankruptcy judgeship for the northern
district of Florida.
(2) 2 additional bankruptcy judgeships for the middle
district of Florida.
(3) 1 additional bankruptcy judgeship for the northern
district of Indiana.
(4) 1 additional bankruptcy judgeship for the northern
district of Mississippi.
(5) 1 additional bankruptcy judgeship for the district of
Nevada.
(6) 1 additional bankruptcy judgeship for the western
district of North Carolina.
(7) 1 additional bankruptcy judgeship for the southern
district of Ohio.
(b) Vacancies.--
(1) Districts with single appointments.--Except as provided
in paragraph (2), the first vacancy occurring in the office of
bankruptcy judge in each of the judicial districts set forth in
subsection (a)--
(A) occurring 5 years or more after the appointment
date of the bankruptcy judge appointed under subsection
(a) to such office, and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(2) Middle district of florida.--The 1st and 2d vacancies
in the office of bankruptcy judge in the middle district of
Florida--
(A) occurring 5 years or more after the respective
1st and 2d appointment dates of the bankruptcy judges
appointed under subsection (a)(2), and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(c) Eligibility for Subsequent Appointments.--A judge holding
office in any of the districts enumerated in subsection (a) shall, at
the expiration of the term of the judge (other than by reason of
paragraph (1)(B) or (2)(B) of subsection (b)), be eligible for
reappointment as a bankruptcy judge in that district.

SEC. 204. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS.

(a) Judgeships Authorized by Public Law 102-361.--The following
temporary bankruptcy judgeships authorized by the following paragraphs
of section 3(a) of Public Law 102-361, as amended by section 307 of
Public Law 104-317 (28 U.S.C. 152 note), are converted to permanent
bankruptcy judgeships under section 152(a)(2) of title 28, United
States Code:
(1) The temporary bankruptcy judgeship for the district of
Delaware authorized by paragraph (3).
(2) The temporary bankruptcy judgeship for the southern
district of Illinois authorized by paragraph (4).
(3) The temporary bankruptcy judgeship for the district of
Puerto Rico authorized by paragraph (7).
(b) Judgeships Authorized by Public Law 109-8.--The following
temporary bankruptcy judgeships authorized by the following
subparagraphs of section 1223(b)(1) of the Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005 (Public Law 109-8), are converted
to permanent bankruptcy judgeships under section 152(a)(2) of title 28,
United States Code:
(1) The 4 temporary bankruptcy judgeships for the district
of Delaware authorized by subparagraph (C).
(2) The temporary bankruptcy judgeship for the southern
district of Georgia authorized by subparagraph (E).
(3) One of the 3 temporary bankruptcy judgeships for the
district of Maryland authorized by subparagraph (F).
(4) The temporary bankruptcy judgeship for the eastern
district of Michigan authorized by subparagraph (G).
(5) The temporary bankruptcy judgeship for the district of
New Jersey authorized by subparagraph (I).
(6) The temporary bankruptcy judgeship for the northern
district of New York authorized by subparagraph (K).
(7) The temporary bankruptcy judgeship for the southern
district of New York authorized by subparagraph (L).
(8) The temporary bankruptcy judgeship for the eastern
district of North Carolina authorized by subparagraph (M).
(9) The temporary bankruptcy judgeship for the eastern
district of Pennsylvania authorized by subparagraph (N).
(10) The temporary bankruptcy judgeship for the district of
South Carolina authorized by subparagraph (S).
(11) The temporary bankruptcy judgeship for the western
district of Tennessee authorized by subparagraph (Q).

SEC. 205. GENERAL PROVISIONS.

(a) Table of Judgeships.--In order that the table contained in
section 152(a)(2) of title 28, United States Code, will, with respect
to each judicial district, reflect the changes in the total number of
bankruptcy judgeships authorized under sections 202 and 204, such table
is amended to read as follows:

``Districts
Judges
``Alabama:
``Northern.........................................      5
``Middle...........................................      2
``Southern.........................................      2
``Alaska...................................................      2
``Arizona..................................................      7
``Arkansas:
``Eastern and Western..............................      4
``California:
``Northern.........................................      9
``Eastern..........................................      7
``Central..........................................     21
``Southern.........................................      4
``Colorado.................................................      5
``Connecticut..............................................      3
``Delaware.................................................      6
``District of Columbia.....................................      1
``Florida:
``Northern.........................................      1
``Middle...........................................     10
``Southern.........................................      5
``Georgia:
``Northern.........................................     10
``Middle...........................................      3
``Southern.........................................      4
``Hawaii...................................................      1
``Idaho....................................................      2
``Illinois:
``Northern.........................................     10
``Central..........................................      3
``Southern.........................................      2
``Indiana:
``Northern.........................................      3
``Southern.........................................      4
``Iowa:
``Northern.........................................      2
``Southern.........................................      2
``Kansas...................................................      4
``Kentucky:
``Eastern..........................................      3
``Western..........................................      3
``Louisiana:
``Eastern..........................................      2
``Middle...........................................      1
``Western..........................................      3
``Maine....................................................      2
``Maryland.................................................      6
``Massachusetts............................................      5
``Michigan:
``Eastern..........................................      8
``Western..........................................      3
``Minnesota................................................      4
``Mississippi:
``Northern.........................................      1
``Southern.........................................      2
``Missouri:
``Eastern..........................................      3
``Western..........................................      3
``Montana..................................................      1
``Nebraska.................................................      2
``Nevada...................................................      3
``New Hampshire............................................      1
``New Jersey...............................................      9
``New Mexico...............................................      2
``New York:
``Northern.........................................      3
``Southern.........................................     11
``Eastern..........................................      6
``Western..........................................      3
``North Carolina:
``Eastern..........................................      3
``Middle...........................................      2
``Western..........................................      2
``North Dakota.............................................      1
``Ohio:
``Northern.........................................      8
``Southern.........................................      7
``Oklahoma:
``Northern.........................................      2
``Eastern..........................................      1
``Western..........................................      3
``Oregon...................................................      5
``Pennsylvania:
``Eastern..........................................      6
``Middle...........................................      2
``Western..........................................      5
``Puerto Rico..............................................      3
``Rhode Island.............................................      1
``South Carolina...........................................      3
``South Dakota.............................................      2
``Tennessee:
``Eastern..........................................      3
``Middle...........................................      3
``Western..........................................      6
``Texas:
``Northern.........................................      6
``Eastern..........................................      3
``Southern.........................................      6
``Western..........................................      4
``Utah.....................................................      4
``Vermont..................................................      1
``Virgin Islands...........................................      0
``Virginia:
``Eastern..........................................      5
``Western..........................................      3
``Washington:
``Eastern..........................................      2
``Western..........................................      5
``West Virginia:
``Northern.........................................      1
``Southern.........................................      1
``Wisconsin:
``Eastern..........................................      4
``Western..........................................      2
``Wyoming..................................................   1.''.
(b) Sense of Congress.--It is the sense of the Congress that
bankruptcy judges in the eastern district of California should conduct
bankruptcy proceedings on a daily basis in Bakersfield, California.

SEC. 206. EFFECTIVE DATE.

This title and the amendments made by this title shall take effect
on the date of the enactment of this Act.

TITLE III--NINTH CIRCUIT REORGANIZATION

SEC. 301. SHORT TITLE.

This title may be cited as the ``Judicial Administration and
Improvements Act of 2005''.

SEC. 302. DEFINITIONS.

In this title:
(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
title.
(2) New ninth circuit.--The term ``new ninth circuit''
means the ninth judicial circuit of the United States
established by the amendment made by section 303(2)(A).
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by section 303(2)(B).

SEC. 303. 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 ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:

``Ninth........................
California, Guam, Hawaii,
Northern Mariana
Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:

``Twelfth......................
Alaska, Arizona, Idaho,
Montana, Nevada,
Oregon, Washington.''.

SEC. 304. NUMBER OF CIRCUIT JUDGES.

The table contained in section 44(a) of title 28, United States
Code, as amended by section 102(c) of this Act, is further amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:

``Ninth.....................................................      19'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:

``Twelfth...................................................      14''.

SEC. 305. 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........................
Honolulu, Pasadena, San
Francisco.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:

``Twelfth......................
Las Vegas, Missoula, Phoenix,
Portland, Seattle.''.

SEC. 306. 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 title--
(1) is in California, Guam, Hawaii, or the Northern Mariana
Islands shall be a circuit judge of the new ninth circuit as of
such effective date; and
(2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon,
or Washington shall be a circuit judge of the twelfth circuit
as of such effective date.

SEC. 307. 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 title may elect to
be assigned to the new ninth circuit or the twelfth circuit as of such
effective date and shall notify the Director of the Administrative
Office of the United States Courts of such election.

SEC. 308. SENIORITY OF JUDGES.

The seniority of each judge--
(1) who is assigned under section 306, or
(2) who elects to be assigned under section 307,
shall run from the date of commission of such judge as a judge of the
former ninth circuit.

SEC. 309. APPLICATION TO CASES.

The following apply to any case in which, on the day before the
effective date of this title, an appeal or other proceeding has been
filed with the former ninth circuit:
(1) Except as provided in paragraph (3), 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 title 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 title 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) If a petition for rehearing en banc is pending on or
after the effective date of this title, the petition shall be
considered by the court of appeals to which it would have been
submitted had this title been in full force and effect at the
time that the appeal or other proceeding was filed with the
court of appeals.

SEC. 310. 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,
designate and assign temporarily any circuit judge of the Ninth Circuit
to act as circuit judge in the Twelfth 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,
designate and assign temporarily any circuit judge of the Twelfth
Circuit to act as circuit judge in the Ninth Circuit.''.

SEC. 311. 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, designate and assign 1 or more district judges within
the Ninth Circuit to sit upon the Court of Appeals of the
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 Ninth Circuit to hold a district court in any
district within the Twelfth 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,
designate and assign 1 or more district judges within the
Twelfth Circuit to sit upon the Court of Appeals of the Ninth
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.
``(h) Any designations or assignments under subsection (f) or (g)
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.''.

SEC. 312. ADMINISTRATION.

The court of appeals for the ninth circuit as constituted on the
day before the effective date of this title may take such
administrative action as may be required to carry out this title and
the amendments made by this title. Such court shall cease to exist for
administrative purposes 2 years after the date of the enactment of this
Act.

SEC. 313. EFFECTIVE DATE.

This title and the amendments made by this title shall take effect
no later than December 31, 2006.

TITLE IV--AUTHORIZATION OF APPROPRIATIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for each of fiscal years
2006 through 2009 such sums as are necessary to carry out this Act,
including such sums as may be necessary to provide appropriate space
and facilities for the judicial positions created by this Act. Funds
appropriated pursuant to this section in any fiscal year shall remain
available until expended.
Union Calendar No. 204

109th CONGRESS

2d Session

H. R. 4093

[Report No. 109-373]

_______________________________________________________________________

A BILL

To provide for the appointment of additional Federal circuit and
district judges, to improve the administration of justice, and for
other purposes.

_______________________________________________________________________

February 8, 2006

Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed