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


109th CONGRESS
  1st Session
                                H. R. 4093

   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

_______________________________________________________________________

                                 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. Judgeships.
Sec. 305. Number of circuit judges.
Sec. 306. Places of circuit court.
Sec. 307. Assignment of circuit judges.
Sec. 308. Election of assignment by senior judges.
Sec. 309. Seniority of judges.
Sec. 310. Application to cases.
Sec. 311. Temporary assignment of circuit judges among circuits.
Sec. 312. Temporary assignment of district judges among circuits.
Sec. 313. Administration.
Sec. 314. 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; and
            (3) 1 additional circuit judge for the sixth circuit court 
        of appeals.
    (b) Temporary Judgeships.--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate 1 additional circuit judge 
        for the eighth circuit court of appeals.
            (2) Vacancy not filled.--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) shall not be filled.
    (c) Tables.--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..............................................       28   
        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) Tables.--In order that the table contained in section 133 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) Amendment to 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 ``Circuit Court of Appeals 
Restructuring and Modernization 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. JUDGESHIPS.

    (a) New Judgeships.--The President shall appoint, by and with the 
advice and consent of the Senate, 5 additional circuit judges for the 
new ninth circuit court of appeals, whose official duty station shall 
be in California.
    (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 former ninth circuit court of appeals, 
        whose official duty stations shall be in California.
            (2) Effect of vacancies.--The first 2 vacancies occurring 
        on the new 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) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 305. NUMBER OF CIRCUIT JUDGES.

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

``Ninth.....................................................      20'';
    and
            (2) by inserting after the item relating to the eleventh 
        circuit the following:

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

SEC. 306. 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. 307. 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. 308. 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. 309. SENIORITY OF JUDGES.

    The seniority of each judge--
            (1) who is assigned under section 307, or
            (2) who elects to be assigned under section 308,
shall run from the date of commission of such judge as a judge of the 
former ninth circuit.

SEC. 310. 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. 311. 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. 312. 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. 313. 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 enactment of this 
Act.

SEC. 314. EFFECTIVE DATE.

    Except as provided in section 304(c), this title and the amendments 
made by this title shall take effect 12 months after the date of 
enactment of this Act.

               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.
                                 <all>