,,ii  #aaith ,,congress  #ast ,session  
,s4 #cjbj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #ba1  
#bjbe ,mr4 ,sullivan 7for himself1 ,mr4 
,crapo1 ,mr4 ,daines1 ,ms4 ,murkowski1  
,mr4 ,risch1 and ,mr4 ,sheehy7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to increase the number of judgeships   
for the ,united ,states ,court of       
,appeals for the ,ninth ,circuit and    
certain district courts of the ,united  
,states1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,judicial ,efficiency ,improvement  
,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 ,circuit court judgeships  7a7  
,new ,judgeships ,the ,president shall  
appoint1 by and with the advice and     
consent of the ,senate1 #b additional   
circuit judges for the new ninth        

circuit1 whose official duty station    
shall be in ,california4  7b7 ,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 #ah  2  and  7#b7 by 
inserting after the item relating to the
 eleventh circuit the following3        
,twelfth #ac  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 ,seattle1 ,washington4  #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 ,united ,states ,court of ,appeals  

for the ,ninth ,circuit may1 in the     
public interest and upon request by the 
chief judge of the ,united ,states      
,court of ,appeals for 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 ,united ,states      
,court of ,appeals for the ,twelfth     
,circuit may1 in the public interest and
 upon request by the chief judge of the 
,united ,states ,court of ,appeals for  
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 ,united ,states ,court of ,appeals  
for the ,twelfth ,circuit1 designate and
 assign one or more district judges of  
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 of 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 ,united ,states      
,court of ,appeals for the ,ninth       
,circuit1 designate and assign one or   
more district judges of 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 of 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 ,additional district 
judges for the district courts  7a7     
,additional judgeships  7#a7 #bjbe  7,a7
 ,in general ,the ,president shall      
appoint1 by and with the advice and     
consent of the ,senate-- 7i7 #a         
additional district judge for the       
central district of ,california2  7ii7  
#a additional district judge for the    
eastern district of ,california2  7iii7 
#a additional district judge for the    
northern district of ,california2  7iv7 
#a additional district judge for the    
district of ,delaware2  7v7 #a          
additional district judge for the middle
 district of ,florida2  7vi7 #a         
additional district judge for the       

southern district of ,indiana2  7vii7 #a
 additional district judge for the      
northern district of ,iowa2  7viii7 #a  
additional district judge for the       
district of ,new ,jersey2  7ix7 #a      
additional district judge for the       
southern district of ,new ,york2  7x7 #a
 additional district judge for the      
eastern district of ,texas2 and  7xi7 #a
 additional district judge for the      
southern district of ,texas4  7,b7      
,tables ,the table contained in section 
#acc7;a7 of title #bh1 ,united ,states  
,code1 is amended-- 7i7 by striking the 
items relating to ,california and       
inserting the following3  ,california3  
,northern #ae ,eastern #g ,central #bh  
,southern #ac 2  7ii7 by striking the   
item relating to ,delaware and inserting
 the following3 ,delaware #e 2  7iii7 by
 striking the items relating to ,florida
 and inserting the following3  ,florida3
 ,northern #d ,middle #af ,southern #ag 
2  7iv7 by striking the items relating  
to ,indiana and inserting the following3

 ,indiana3 ,northern #e ,southern #f 2  
7v7 by striking the items relating to   
,iowa and inserting the following3      
,iowa3 ,northern #c ,southern #c 2  7vi7
 by striking the item relating to ,new  
,jersey and inserting the following3    
,new ,jersey #ah 2  7vii7 by striking   
the items relating to ,new ,york and    
inserting the following3  ,new ,york3   
,northern #e ,southern #bi ,eastern #ae 
,western #d 2  and  7viii7 by striking  
the items relating to ,texas and        
inserting the following3  ,texas3       
,northern #ab ,southern #bj ,eastern #h 
,western #ac 4  7,c7 ,effective date    
,this paragraph shall take effect on the
 date of enactment of this ,act4  7#b7  
#bjbg  7,a7 ,in general ,the ,president 
shall appoint1 by and with the advice   
and consent of the ,senate--  7i7 #a    
additional district judge for the       
district of ,arizona2  7ii7 #b          
additional district judges for the      
central district of ,california2  7iii7 
#a additional district judge for the    

eastern district of ,california2  7iv7  
#a additional district judge for the    
northern district of ,california2  7v7  
#a additional district judge for the    
middle district of ,florida2  7vi7 #a   
additional district judge for the       
southern district of ,florida2  7vii7 #a
 additional district judge for the      
northern district of ,georgia2  7viii7  
#a additional district judge for the    
district of ,idaho2  7ix7 #a additional 
district judge for the northern district
 of ,texas2 and  7x7 #a additional      
district judge for the southern district
 of ,texas4  7,b7 ,tables ,the table    
contained in section #acc7;a7 of title  
#bh1 ,united ,states ,code1 as amended  
by paragraph 7#a7 of this subsection1 is
 amended-- 7i7 by striking the item     
relating to ,arizona and inserting the  
following3  ,arizona #ac 2  7ii7 by     
striking the items relating to          
,california and inserting the following3
 ,california3 ,northern #af ,eastern #h 
,central #cj ,southern #ac 2  7iii7 by  

striking the items relating to ,florida 
and inserting the following3  ,florida3 
,northern #d ,middle #ag ,southern #ah 2
  7iv7 by striking the items relating to
 ,georgia and inserting the following3  
,georgia3 ,northern #ab ,middle #d      
,southern #c 2  7v7 by striking the item
 relating to ,idaho and inserting the   
following3  ,idaho #c 2  and  7vi7 by   
striking the items relating to ,texas   
and inserting the following3  ,texas3   
,northern #ac ,southern #ba ,eastern #h 
,western #ac 4  7,c7 ,effective date    
,this paragraph shall take effect on    
,january #ba1 #bjbg4  7#c7 #bjbi  7,a7  
,in general ,the ,president shall       
appoint1 by and with the advice and     
consent of the ,senate--  7i7 #a        
additional district judge for the       
central district of ,california2  7ii7  
#a additional district judge for the    
eastern district of ,california2  7iii7 
#a additional district judge for the    
northern district of ,california2  7iv7 
#a additional district judge for the    

district of ,colorado2  7v7 #a          
additional district judge for the       
district of ,delaware2  7vi7 #a         
additional district judge for the       
district of ,nebraska2  7vii7 #a        
additional district judge for the       
eastern district of ,new ,york2  7viii7 
#a additional district judge for the    
eastern district of ,texas2  7ix7 #a    
additional district judge for the       
southern district of ,texas2 and  7x7 #a
 additional district judge for the      
western district of ,texas4  7,b7       
,tables ,the table contained in section 
#acc7;a7 of title #bh1 ,united ,states  
,code1 as amended by paragraph 7#b7 of  
this subsection1 is amended-- 7i7 by    
striking the items relating to          
,california and inserting the following3
  ,california3 ,northern #ag ,eastern #i
 ,central #ca ,southern #ac 2  7ii7 by  
striking the item relating to ,colorado 
and inserting the following3 ,colorado  
#h 2  7iii7 by striking the item        
relating to ,delaware and inserting the 

following3  ,delaware #f 2  7iv7 by     
striking the item relating to ,nebraska 
and inserting the following3 ,nebraska  
#d 2  7v7 by striking the items relating
 to ,new ,york and inserting the        
following3  ,new ,york3 ,northern #e    
,southern #bi ,eastern #af ,western #d 2
  and  7vi7 by striking the items       
relating to ,texas and inserting the    
following3  ,texas3 ,northern #ac       
,southern #bb ,eastern #i ,western #ad 4
  7,c7 ,effective date ,this paragraph  
shall take effect on ,january #ba1      
#bjbi4  7#d7 #bjca  7,a7 ,in general    
,the ,president shall appoint1 by and   
with the advice and consent of the      
,senate--  7i7 #a additional district   
judge for the district of ,arizona2     
7ii7 #a additional district judge for   
the central district of ,california2    
7iii7 #a additional district judge for  
the eastern district of ,california2    
7iv7 #a additional district judge for   
the northern district of ,california2   
7v7 #a additional district judge for the

 southern district of ,california2  7vi7
 #a additional district judge for the   
middle district of ,florida2  7vii7 #a  
additional district judge for the       
southern district of ,florida2  7viii7  
#a additional district judge for the    
district of ,new ,jersey2  7ix7 #a      
additional district judge for the       
western district of ,new ,york2 and  7x7
 #b additional district judges for the  
western district of ,texas4  7,b7       
,tables ,the table contained in section 
#acc7;a7 of title #bh1 ,united ,states  
,code1 as amended by paragraph 7#c7 of  
this subsection1 is amended-- 7i7 by    
striking the item relating to ,arizona  
and inserting the following3  ,arizona  
#ad 2  7ii7 by striking the items       
relating to ,california and inserting   
the following3 ,california3 ,northern   
#ah ,eastern #aj ,central #cb ,southern 
#ad 2  7iii7 by striking the items      
relating to ,florida and inserting the  
following3  ,florida3 ,northern #d      
,middle #ah ,southern #ai 2  7iv7 by    

striking the item relating to ,new      
,jersey and inserting the following3    
,new ,jersey #ai 2  7v7 by striking the 
items relating to ,new ,york and        
inserting the following3  ,new ,york3   
,northern #e ,southern #bi ,eastern #af 
,western #e 2  and  7vi7 by striking the
 items relating to ,texas and inserting 
the following3  ,texas3 ,northern #ac   
,southern #bb ,eastern #i ,western #af 4
  7,c7 ,effective date ,this paragraph  
shall take effect on ,january #ba1      
#bjca4  7#e7 #bjcc  7,a7 ,in general    
,the ,president shall appoint1 by and   
with the advice and consent of the      
,senate--  7i7 #b additional district   
judges for the central district of      
,california2  7ii7 #a additional        
district judge for the northern district
 of ,california2  7iii7 #a additional   
district judge for the district of      
,colorado2  7iv7 #a additional district 
judge for the middle district of        
,florida2  7v7 #a additional district   
judge for the northern district of      

,florida2  7vi7 #a additional district  
judge for the northern district of      
,georgia2  7vii7 #a additional district 
judge for the southern district of ,new 
,york2  7viii7 #a additional district   
judge for the southern district of      
,texas2 and  7ix7 #a additional district
 judge for the western district of      
,texas4  7,b7 ,tables ,the table        
contained in section #acc7;a7 of title  
#bh1 ,united ,states ,code1 as amended  
by paragraph 7#d7 of this subsection1 is
 amended--  7i7 by striking the items   
relating to ,california and inserting   
the following3 ,california3 ,northern   
#ai ,eastern #aj ,central #cd ,southern 
#ad 2  7ii7 by striking the item        
relating to ,colorado and inserting the 
following3  ,colorado #i 2  7iii7 by    
striking the items relating to ,florida 
and inserting the following3 ,florida3  
,northern #e ,middle #ai ,southern #ai 2
  7iv7 by striking the items relating to
 ,georgia and inserting the following3  
,georgia3 ,northern #ac ,middle #d      

,southern #c 2  7v7 by striking the     
items relating to ,new ,york and        
inserting the following3 ,new ,york3    
,northern #e ,southern #cj ,eastern #af 
,western #e 2  and  7vi7 by striking the
 items relating to ,texas and inserting 
the following3 ,texas3 ,northern #ac    
,southern #bc ,eastern #i ,western #ag 4
  7,c7 ,effective date ,this paragraph  
shall take effect on ,january #ba1      
#bjcc4  7#f7 #bjce  7,a7 ,in general    
,the ,president shall appoint1 by and   
with the advice and consent of the      
,senate-- 7i7 #b additional district    
judges for the central district of      
,california2  7ii7 #a additional        
district judge for the northern district
 of ,california2  7iii7 #a additional   
district judge for the southern district
 of ,california2  7iv7 #a additional    
district judge for the middle district  
of ,florida2  7v7 #a additional district
 judge for the southern district of     
,florida2  7vi7 #a additional district  
judge for the district of ,new ,jersey2 

7vii7 #a additional district judge for  
the eastern district of ,new ,york2 and 
7viii7 #b additional district judges for
 the western district of ,texas4  7,b7  
,tables ,the table contained in section 
#acc7;a7 of title #bh1 ,united ,states  
,code1 as amended by paragraph 7#e7 of  
this subsection1 is amended--  7i7 by   
striking the items relating to          
,california and inserting the following3
 ,california3 ,northern #bj ,eastern #aj
 ,central #cf ,southern #ae 2  7ii7 by  
striking the items relating to ,florida 
and inserting the following3  ,florida3 
,northern #e ,middle #bj ,southern #bj 2
  7iii7 by striking the item relating to
 ,new ,jersey and inserting the         
following3 ,new ,jersey #bj 2  7iv7 by  
striking the items relating to ,new     
,york and inserting the following3  ,new
 ,york3 ,northern #e ,southern #cj      
,eastern #ag ,western #e 2  and  7v7 by 
striking the items relating to ,texas   
and inserting the following3  ,texas3   
,northern #ac ,southern #bc ,eastern #i 

,western #ai 4  7,c7 ,effective date    
,this paragraph shall take effect on    
,january #ba1 #bjce4  7b7 ,temporary    
judgeships  7#a7 ,in general ,the       
,president shall appoint1 by and with   
the advice and consent of the ,senate-- 
7,a7 #b additional district judges for  
the eastern district of ,oklahoma2 and  
7,b7 #a additional district judge for   
the northern district of ,oklahoma4     
7#b7 ,vacancies not filled ,the first   
vacancy in the office of district judge 
in each of the offices of district judge
 authorized by this subsection1         
occurring #e years or more after the    
confirmation date of the judge named to 
fill the temporary district judgeship   
created in the applicable district by   
this subsection1 shall not be filled4   
7#c7 ,effective date ,this subsection   
shall take effect on the date of        
enactment of this ,act4  7c7            
,authorization of appropriations  7#a7  
,in general ,there is authorized to be  
appropriated to carry out this section  

and the amendments made by this         
section-- 7,a7 for each of fiscal years 
#bjbe and #bjbf1 #ab1ife1ccj2  7,b7 for 
each of fiscal years #bjbg and #bjbh1   
#bc1aeb1cge2  7,c7 for each of fiscal   
years #bjbi and #bjcj1 #cb1dac1cbe2     
7,d7 for each of fiscal years #bjca and 
#bjcb1 #db1fjj1cgj2  7,e7 for each of   
fiscal years #bjcc and #bjcd1           
#ea1hfa1cbj2 and  7,f7 for fiscal year  
#bjce and each fiscal year thereafter1  
#fa1abb1bgj4  7#b7 ,inflation adjustment
 ,for each fiscal year described in     
paragraph 7#a71 the amount authorized to
 be appropriated for such fiscal year   
shall be increased by the percentage by 
which--  7,a7 the ,consumer ,price      
,index for the previous fiscal year1    
exceeds  7,b7 the ,consumer ,price      
,index for the fiscal year preceding the
 fiscal year described in subparagraph  
7,a74  7#c7 ,definition ,in this        
subsection1 the term ,consumer ,price   
,index means the ,consumer ,price ,index
 for ,all ,urban ,consumers 7all items1 

,united ,states city average71 published
 by the ,bureau of ,labor ,statistics of
 the ,department of ,labor4  #ae4       
,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  #af4 ,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  #ag4 ,effective date       
,except as provided in section #d7;b7   
and #ad1 this ,act and the amendments   
made by this ,act shall take effect #a  
year after the date of enactment of this
 ,act4