,,ii  #aaeth ,,congress  #ast ,session  
,s4 #bie  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #b1       
#bjag,mr4 ,daines 7for himself1 ,mr4    
,sullivan1 and ,ms4 ,murkowski7         
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend title #bh1 ,united ,states    
,code1 to provide for the appointment of
 additional ,federal circuit judges1 to 
divide the ,ninth ,judicial ,circuit of 
the ,united ,states into #b circuits1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,circuit ,court of ,appeals             
,restructuring and ,modernization ,act4 
#b4 ,definitions ,in this ,act3 7#a7    
,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 ,act4  7#b7 ,new 
ninth circuit ,the term new ninth       
circuit means the ninth judicial circuit

 of the ,united ,states established by  
the amendment made by section           
#c7b77;,a74  7#c7 ,twelfth circuit ,the 
term twelfth circuit means the twelfth  
judicial circuit of the ,united ,states 
established by the amendment made by    
section #c7b77;,b74  #c4 ,number and    
composition of circuits ,section #da of 
title #bh1 ,united ,states ,code1 is    
amended--  7#a7 in the matter preceding 
the table1 by striking thirteen and     
inserting fourteen2 and  7#b7 in the    
table--  7,a7 by striking the item      
relating to the ninth circuit and       
inserting the following3                
,ninth,california1 ,guam1 ,hawaii1      
,northern ,mariana ,islands4 2  and     
7,b7 by inserting after the item        
relating to the eleventh circuit the    
following3  ,twelfth,alaska1 ,arizona1  
,idaho1 ,montana1 ,nevada1 ,oregon1     
,washington4 4  #d4 ,judgeships  7a7    
,new ,judgeships ,the ,president shall  
appoint1 by and with the advice and     
consent of the ,senate1 #e additional   

circuit judges for the new ninth        
circuit1 whose official duty station    
shall be in ,california4  7b7 ,temporary
 ,judgeships  7#a7 ,appointment of      
judges ,the ,president shall appoint1 by
 and with the advice and consent of the 
,senate1 #b additional circuit judges   
for the former ninth circuit1 whose     
official duty station shall be in       
,california4  7#b7 ,effect of vacancies 
,the first #b vacancies in the position 
of circuit judge for the new ninth      
circuit occurring #aj years or more     
after judges are first confirmed to fill
 both temporary circuit judgeships      
created by this subsection shall not be 
filled4  7c7 ,effective ,date ,this     
section shall take effect on the date of
 enactment of this ,act4  #e4 ,number of
 circuit judges ,the table in section   
#dd7;a7 of title #bh1 ,united ,states   
,code1 is amended--  7#a7 by striking   
the item relating to the ninth circuit  
and inserting the following3  ,ninth#bj 
2  and  7#b7 by inserting after the item

 relating to the eleventh circuit the   
following3  ,twelfth#ad  4  #f4 ,places 
of circuit court ,the table in section  
#dh7;a7 of title #bh1 ,united ,states   
,code1 is amended--  7#a7 by striking   
the item relating to the ninth circuit  
and inserting the following3            
,ninth,honolulu1 ,pasadena1 ,san        
,francisco4 2  and  7#b7 by inserting   
after the item relating to the eleventh 
circuit the following3  ,twelfth,las    
,vegas1 ,phoenix1 ,portland1 ,seattle4 4
  #g4 ,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 ,phoenix1 ,arizona4  #h4 ,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--  7#a7 
is in ,california1 ,guam1 ,hawaii1 or   
the ,northern ,mariana ,islands shall be

 a circuit judge of the new ninth       
circuit as of that effective date2 and  
7#b7 is in ,alaska1 ,arizona1 ,idaho1   
,montana1 ,nevada1 ,oregon1 or          
,washington shall be a circuit judge of 
the twelfth circuit as of that effective
 date4  #i4 ,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--  7#a7 may elect to 
be assigned to the new ninth circuit or 
the twelfth circuit as of that effective
 date2 and  7#b7 shall notify the       
,director of the ,administrative ,office
 of the ,united ,states ,courts of the  
election made under paragraph 7#a74     
#aj4 ,seniority of judges ,the seniority
 of each judge who is assigned under    
section #h or elects to be assigned     
under section #i shall run from the date
 of commission of the judge as a judge  
of the former ninth circuit4  #aa4      
,application to cases ,the following    
apply to any case in which1 on the day  

before the effective date of this ,act1 
an appeal or other proceeding has been  
filed with the former ninth circuit3    
7#a7 ,except as provided in paragraph   
7#c71 if the matter has been submitted  
for decision1 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 enacted4  
7#b7 ,if the matter has not been        
submitted for decision1 the appeal or   
proceeding1 together with the original  
papers1 printed records1 and record     
entries duly certified1 shall1 by       
appropriate orders1 be transferred to   
the court to which the matter would have
 been submitted had this ,act been in   
full force and effect on the date on    
which the appeal was taken or other     
proceeding commenced1 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 that 
court4  7#c7 ,if a petition for         

rehearing en banc is pending on or after
 the effective date of this ,act1 the   
petition shall be considered by the     
court of appeals to which the petition  
would have been submitted had this ,act 
been in full force and effect on the    
date on which the appeal or other       
proceeding was filed with the court of  
appeals4  #ab4 ,temporary assignment of 
circuit judges among circuits ,section  
#bia of title #bh1 ,united ,states      
,code1 is amended by adding at the end  
the following3  7c7 ,the chief judge of 
the ,ninth ,circuit may1 in the public  
interest and upon request by the chief  
judge of the ,twelfth ,circuit1         
designate and assign temporarily any    
circuit judge of the ,ninth ,circuit to 
act as circuit judge in the ,twelfth    
,circuit4  7d7 ,the chief judge of the  
,twelfth ,circuit may1 in the public    
interest and upon request by the chief  
judge of the ,ninth ,circuit1 designate 
and assign temporarily any circuit judge
 of the ,twelfth ,circuit to act as     

circuit judge in the ,ninth ,circuit4  4
  #ac4 ,temporary assignment of district
 judges among circuits ,section #bib of 
title #bh1 ,united ,states ,code1 is    
amended by adding at the end the        
following3  7f7 ,the chief judge of the 
,united ,states ,court of ,appeals for  
the ,ninth ,circuit may in the public   
interest--  7#a7 upon request by the    
chief judge of the ,twelfth ,circuit1   
designate and assign one or more        
district judges within the ,ninth       
,circuit to sit upon the ,court of      
,appeals of the ,twelfth ,circuit1 or a 
division thereof1 whenever the business 
of that court so requires2 and  7#b7    
designate and assign temporarily any    
district judge within the ,ninth        
,circuit to hold a district court in any
 district within the ,twelfth ,circuit4 
7g7 ,the chief judge of the ,united     
,states ,court of ,appeals for the      
,twelfth ,circuit may in the public     
interest--  7#a7 upon request by the    
chief judge of the ,ninth ,circuit1     

designate and assign one or more        
district judges within the ,twelfth     
,circuit to sit upon the ,court of      
,appeals of the ,ninth ,circuit1 or a   
division thereof1 whenever the business 
of that court so requires2 and  7#b7    
designate and assign temporarily any    
district judge within the ,twelfth      
,circuit to hold a district court in any
 district within the ,ninth ,circuit4   
7h7 ,any designation or assignment under
 subsection 7f7 or 7g7 shall be in      
conformity with the rules or orders of  
the court of appeals of1 or the district
 within1 as applicable1 the circuit to  
which the judge is designated or        
assigned4  4  #ad4 ,administration  7a7 
,transition authority ,the court of     
appeals for the ninth circuit as        
constituted on the day before the       
effective date of this ,act may take any
 administrative action that is required 
to carry out this ,act and the          
amendments made by this ,act4  7b7      
,administrative termination ,the court  

described in subsection 7a7 shall cease 
to exist for administrative purposes #b 
years after the date of enactment of    
this ,act4  #ae4 ,authorization of      
appropriations ,there are authorized to 
be appropriated such sums as may be     
necessary to carry out this ,act1       
including funds for additional court    
facilities4  #af4 ,effective date       
,except as provided in section #d7;c71  
this ,act and the amendments made by    
this ,act shall take effect #a year     
after the date of enactment of this     
,act4