[House Report 108-723]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-723

======================================================================



 
  PROVIDING FOR CONSIDERATION OF S. 878, A BILL TO CREATE ADDITIONAL 
                        FEDERAL COURT JUDGESHIPS

                                _______
                                

  October 4, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Sessions, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 814]

    The Committee on Rules, having had under consideration 
House Resolution 814, by a non record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of S. 878, A bill 
to create additional Federal court judgeships, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on the Judiciary. The rule 
waives all points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment and shall be considered as read. The 
rule waives all points of order against the committee amendment 
in the nature of a substitute.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee Record Vote No. 319

    Date: October 4, 2004.
    Measure: S. 878--A bill to create additional Federal court 
judgeships.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order en bloc and grant the 
appropriate waivers for the amendments offered by 
Representatives Kingston, Berman, Conyers, and Hyde/Conyers.
    Results: Defeated 1 to 6.
    Vote by Members: Linder--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Reynolds--Nay; Putnam--Nay; Slaughter--Yea; 
Dreier--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by the 
amendment sponsor.)
    1. Sensenbrenner: Manager's Amendment. ``Staggers'' 
implementation of the 58 new Federal circuit and district court 
judgeships created by S. 878 over seven fiscal years (i.e. 
through FY2011). This would permit the bill to comport with the 
five-year budget authority allocation for direct spending. (10 
minutes)
    2. Simpson: Splits the current 9th Circuit Court of 
Appeals. Creates a new 9th Circuit featuring California, Guam, 
Hawaii, and the Northern Mariana Islands; a new 12th Circuit 
featuring Arizona, Nevada, Idaho, and Montana; and a new 13th 
Circuit featuring Alaska, Oregon, and Washington. (40 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

   1. An Amendment To Be Offered by Representative Sensenbrenner of 
          Wisconsin, or His Designee, Debatable for 10 Minutes

  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) 1 additional district judge for the northern 
        district of Alabama, who shall be appointed no earlier 
        than October 1, 2006.
          (2) 1 additional district judge for the middle 
        district of Alabama, who shall be appointed no earlier 
        than October 1, 2008.
          (3) 3 additional district judges for the district of 
        Arizona, who shall be appointed no earlier than October 
        1, 2007.
          (4) 1 additional district judge for the northern 
        district of California, who shall be appointed no 
        earlier than October 1, 2006.
          (5) 3 additional district judges for the eastern 
        district of California, who shall be appointed no 
        earlier than October 1, 2006.
          (6) 1 additional district judge for the central 
        district of California, who shall be appointed no 
        earlier than October 1, 2005.
          (7) 2 additional district judges for the southern 
        district of California, who shall be appointed no 
        earlier than October 1, 2005.
          (8) 2 additional district judges for the middle 
        district of Florida, who shall be appointed no earlier 
        than October 1, 2007.
          (9) 4 additional district judges for the southern 
        district of Florida, who shall be appointed no earlier 
        than October 1, 2005.
          (10) 1 additional district judge for the district of 
        Idaho, who shall be appointed no earlier than October 
        1, 2008.
          (11) 1 additional district judge for the western 
        district of Missouri, who shall be appointed no earlier 
        than October 1, 2008.
          (12) 1 additional district judge for the district of 
        Nebraska, who shall be appointed no earlier than 
        October 1, 2006.
          (13) 2 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) 3 additional district judges for the eastern 
        district of New York, who shall be appointed no earlier 
        than October 1, 2007.
          (15) 1 additional district judge for the district of 
        Oregon, who shall be appointed no earlier than October 
        1, 2010.
          (16) 1 additional district judge for the district of 
        South Carolina, who shall be appointed no earlier than 
        October 1, 2008.
          (17) 1 additional district judge for the district of 
        Utah, who shall be appointed no earlier than October 1, 
        2008.
          (18) 2 additional district judges for the eastern 
        district of Virginia, who shall be appointed no earlier 
        than October 1, 2006.
          (19) 1 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) 1 additional district judge for the northern 
        district of California, who shall be appointed no 
        earlier than October 1, 2010.
          (2) 2 additional district judges for the central 
        district of California, who shall be appointed no 
        earlier than October 1, 2010.
          (3) 3 additional district judges for the southern 
        district of California, who shall be appointed no 
        earlier than October 1, 2009.
          (4) 1 additional district judge for the district of 
        Colorado, who shall be appointed no earlier than 
        October 1, 2009.
          (5) 1 additional district judge for the middle 
        district of Florida, who shall be appointed no earlier 
        than October 1, 2010.
          (6) 1 additional district judge for the northern 
        district of Illinois, who shall be appointed no earlier 
        than October 1, 2009.
          (7) 1 additional district judge for the northern 
        district of Indiana, who shall be appointed no earlier 
        than October 1, 2009.
          (8) 1 additional district judge for the southern 
        district of Indiana, who shall be appointed no earlier 
        than October 1, 2010.
          (9) 1 additional district judge for the northern 
        district of Iowa, who shall be appointed no earlier 
        than October 1, 2010.
          (10) 1 additional district judge for the district of 
        New Mexico, who shall be appointed no earlier than 
        October 1, 2008.
          (11) 1 additional district judge for the eastern 
        district of New York, who shall be appointed no earlier 
        than October 1, 2009.
          (12) 1 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 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.

  (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. An Amendment To Be Offered by Representative Simpson of Idaho, or 
                 His Designee, Debatable for 40 Minutes

  Insert after section 5 the following new section:

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 Mariana .........
                    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 
        Mariana 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.
  Page 8, line 8, strike the period at the end and insert ``, 
whose official duty station shall be in California.''.
  (Page 8, line 13, strike the period at the end and insert ``, 
whose official duty station shall be in California.''.
  Strike subsection (c) of section 3.
  Insert after section 6 the following:

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'';
        and
          (4) by amending the item relating to the ninth 
        circuit to read as follows:

``Ninth........................................................... 19''.
          (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.

                                  
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