[Congressional Record Volume 151, Number 129 (Thursday, October 6, 2005)]
[Senate]
[Pages S11231-S11232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENSIGN (for himself, Ms. Murkowski, Mr. Burns, Mr. Craig, 
        Mr. Crapo, Mr. Inhofe, Mr. Kyl, Mr. Smith, and Mr. Stevens):
  S. 1845. A bill to amend title 28, United States Code, to provide for 
the appointment of additional Federal circuit judges, to divide the 
Ninth Judicial Circuit of the United States into 2 circuits, and for 
other purposes; to the Committee on the Judiciary.
  Mr. ENSIGN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1845

       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 ``The Circuit Court of Appeals 
     Restructuring and Modernization Act of 2005''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (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 Act.
       (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 3(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 3(2)(B).

     SEC. 3. 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

[[Page S11232]]

       (2) in the table--
       (A) by striking the item relating to the ninth circuit and 
     inserting the following:

California, Guam, Hawaii, Northern Mariana Islands.'';.................
       and

       (B) by inserting after the item relating to the eleventh 
     circuit the following:

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

     SEC. 4. 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. 5. 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. 6. 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:

Honolulu, Pasadena, San Francisco.'';..................................

       and
       (2) by inserting after the item relating to the eleventh 
     circuit the following:

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

     SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS.

       The offices of the Circuit Executive of the Twelfth Circuit 
     and the Clerk of the Court of the Twelfth Circuit shall be 
     located in Phoenix, Arizona.

     SEC. 8. 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 Act--
       (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. 9. 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 
     Act 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. 10. SENIORITY OF JUDGES.

       The seniority of each judge--
       (1) who is assigned under section 8, or
       (2) who elects to be assigned under section 9,
     shall run from the date of commission of such judge as a 
     judge of the former ninth circuit.

     SEC. 11. APPLICATION TO CASES.

       The following apply to any case in which, on the day before 
     the effective date of this Act, 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 Act 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 Act 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 Act, the petition shall be 
     considered by the court of appeals to which it would have 
     been submitted had this Act been in full force and effect at 
     the time that the appeal or other proceeding was filed with 
     the court of appeals.

     SEC. 12. 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. 13. 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. 14. ADMINISTRATION.

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

     SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act, including funds for 
     additional court facilities.

     SEC. 16. EFFECTIVE DATE.

       Except as provided in section 4(c), this Act and the 
     amendments made by this Act shall take effect 12 months after 
     the date of enactment of this Act.
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