[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 878 Reported in House (RH)]






                                                 Union Calendar No. 433
108th CONGRESS
  2d Session
                                 S. 878

                          [Report No. 108-708]


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 2, 2003

               Referred to the Committee on the Judiciary

                           September 29, 2004

Reported with amendments, 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 Senate passed bill, see copy of bill as referred in the 
               House of Representatives on June 2, 2003]

_______________________________________________________________________

                                 AN ACT


 
   To authorize an additional permanent judgeship in the district of 
                     Idaho, 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. NEW DISTRICT JUDGESHIPS.

    The President shall appoint, by and with the advice and consent of 
the Senate, the following:
            (1) 1 additional district judge for the northern district 
        of Alabama.
            (2) 1 additional district judge for the middle district of 
        Alabama.
            (3) 3 additional district judges for the district of 
        Arizona.
            (4) 1 additional district judge for the northern district 
        of California.
            (5) 3 additional district judges for the eastern district 
        of California.
            (6) 1 additional district judge for the central district of 
        California.
            (7) 2 additional district judges for the southern district 
        of California.
            (8) 2 additional district judges for the middle district of 
        Florida.
            (9) 4 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 western district 
        of Missouri.
            (12) 1 additional district judge for the district of 
        Nebraska.
            (13) 2 additional district judges for the district of New 
        Mexico.
            (14) 3 additional district judges for the eastern district 
        of New York.
            (15) 1 additional district judge for the district of 
        Oregon.
            (16) 1 additional district judge for the district of South 
        Carolina.
            (17) 2 additional district judges for the eastern district 
        of Virginia.
            (18) 1 additional district judge for the district of Utah.
            (19) 1 additional district judge for the western district 
        of Washington.

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, the eastern district of 
Missouri, that were authorized by section 203(c) of the Judicial 
Improvements Act of 1990 (28 U.S.C. 133 note; Public Law 101-650) 
shall, as of the date of the enactment of this Act, be authorized under 
section 133 of title 28, United States Code, and the incumbents in 
those offices shall, as of such date of enactment, hold those offices 
under section 133 of title 28, United States Code, as amended by this 
Act.

SEC. 3. TEMPORARY JUDGESHIPS.

    (a) Appointment.--The President shall appoint, by and with the 
advice and consent of the Senate, the following:
            (1) 1 additional district judge for the northern district 
        of California.
            (2) 2 additional district judges for the central district 
        of California.
            (3) 3 additional district judges for the southern district 
        of California.
            (4) 1 additional district judge for the district of 
        Colorado.
            (5) 1 additional district judge for the middle district of 
        Florida.
            (6) 1 additional district judge for the northern district 
        of Illinois.
            (7) 1 additional district judge for the northern district 
        of Indiana.
            (8) 1 additional district judge for the southern district 
        of Indiana.
            (9) 1 additional district judge for the northern district 
        of Iowa.
            (10) 1 additional district judge for the district of New 
        Mexico.
            (11) 1 additional district judge for the eastern district 
        of New York.
            (12) 1 additional district judge for the western district 
        of New York.
    (b) Vacancies Not Filled.--(1) The first 2 vacancies in the office 
of district judge in the central district of California, occurring 10 
years or more after judges are first confirmed to fill both temporary 
judgeships created in that district by subsection (a), shall not be 
filled.
    (2) The first 3 vacancies in the office of district judge in the 
southern district of California, occurring 10 years or more after 
judges are first confirmed to fill all 3 temporary judgeships created 
in that district by subsection (a), shall not be filled.
    (3) The first vacancy in the office of district judge in each 
district named in subsection (a), other than the central or southern 
district of California, occurring 10 years or more after judges are 
first confirmed to fill the temporary judgeship created in that 
district by subsection (a), shall not be filled.

SEC. 4. CONFORMING AMENDMENTS.

    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.................................................         5 
    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''.

SEC. 5. ADDITIONAL CIRCUIT JUDGES.

    (a) Permanent Judgeships.--The President shall appoint, by and with 
the advice and consent of the Senate, 1 additional circuit judge for 
the first circuit court of appeals, 2 additional circuit judges for the 
second circuit court of appeals, 1 additional circuit judge for the 
sixth circuit court of appeals, and 5 additional circuit judges for the 
ninth circuit court of appeals.
    (b) Temporary Judgeships.--
            (1) Appointment of judges.--The President shall appoint, by 
        and with the advice and consent of the Senate, 2 additional 
        circuit judges for the ninth circuit court of appeals.
            (2) Effect of vacancies.--The first 2 vacancies occurring 
        on the ninth circuit court of appeals 10 years or more after 
        judges are first confirmed to fill both temporary circuit 
        judgeships created by this subsection shall not be filled.
    (c) 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'';
        and
            (4) by amending the item relating to the ninth circuit to 
        read as follows:

``Ninth.....................................................      33''.
            Amend the title so as to read: ``A bill to create 
        additional Federal court judgeships.''.




                                                 Union Calendar No. 433

108th CONGRESS

  2d Session

                                 S. 878

                          [Report No. 108-708]

_______________________________________________________________________

                                 AN ACT

   To authorize an additional permanent judgeship in the district of 
                     Idaho, and for other purposes.

_______________________________________________________________________

                           September 29, 2004

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