[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.