S3020-119

Section 1

1. Short title This Act may be cited as the Judicial Efficiency Improvement Act.

Section 2

2. Definitions In this Act: 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. The term new ninth circuit means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A). The term twelfth circuit means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B).

Section 3

3. Number and composition of circuits Section 41 of title 28, United States Code, is amended— in the matter preceding the table, by striking thirteen and inserting fourteen; and in the table— by striking the item relating to the ninth circuit and inserting the following: and by inserting after the item relating to the eleventh circuit the following: Ninth California, Guam, Hawaii, Northern Mariana Islands. ; Twelfth Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington. .

Section 4

4. Circuit court judgeships The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the new ninth circuit, whose official duty station shall be in California. This section shall take effect on the date of enactment of this Act.

Section 5

5. Number of circuit judges The table in section 44(a) of title 28, United States Code, is amended— by striking the item relating to the ninth circuit and inserting the following: and by inserting after the item relating to the eleventh circuit the following: Ninth 18 ; Twelfth 13 .

Section 6

6. Places of circuit court The table in section 48(a) of title 28, United States Code, is amended— by striking the item relating to the ninth circuit and inserting the following: and by inserting after the item relating to the eleventh circuit the following: Ninth Honolulu, Pasadena, San Francisco. ; Twelfth Las Vegas, Phoenix, Portland, Seattle. .

Section 7

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 Seattle, Washington.

Section 8

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— is in California, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of that effective date; and is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of that effective date.

Section 9

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 that effective date; and shall notify the Director of the Administrative Office of the United States Courts of the election made under paragraph (1).

Section 10

10. Seniority of judges The seniority of each judge who is assigned under section 8 or elects to be assigned under section 9 shall run from the date of commission of the judge as a judge of the former ninth circuit.

Section 11

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: 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. 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 on the date on which the 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 that court. 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 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 appeals.

Section 12

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: The chief judge of the United States Court of Appeals for the Ninth Circuit may, in the public interest and upon request by the chief judge of the United States Court of Appeals for the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. The chief judge of the United States Court of Appeals for the Twelfth Circuit may, in the public interest and upon request by the chief judge of the United States Court of Appeals for the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit. (c) The chief judge of the United States Court of Appeals for the Ninth Circuit may, in the public interest and upon request by the chief judge of the United States Court of Appeals for 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 United States Court of Appeals for the Twelfth Circuit may, in the public interest and upon request by the chief judge of the United States Court of Appeals for the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit. .

Section 13

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: The chief judge of the United States Court of Appeals for the Ninth Circuit may in the public interest— upon request by the chief judge of the United States Court of Appeals for the Twelfth Circuit, designate and assign one or more district judges of 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 designate and assign temporarily any district judge of the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. The chief judge of the United States Court of Appeals for the Twelfth Circuit may in the public interest— upon request by the chief judge of the United States Court of Appeals for the Ninth Circuit, designate and assign one or more district judges of 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 designate and assign temporarily any district judge of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. Any designation or assignment 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. (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 United States Court of Appeals for the Twelfth Circuit, designate and assign one or more district judges of 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 of 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 United States Court of Appeals for the Ninth Circuit, designate and assign one or more district judges of 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 of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. (h) Any designation or assignment 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. .

Section 14

14. Additional district judges for the district courts The President shall appoint, by and with the advice and consent of the Senate— 1 additional district judge for the central district of California; 1 additional district judge for the eastern district of California; 1 additional district judge for the northern district of California; 1 additional district judge for the district of Delaware; 1 additional district judge for the middle district of Florida; 1 additional district judge for the southern district of Indiana; 1 additional district judge for the northern district of Iowa; 1 additional district judge for the district of New Jersey; 1 additional district judge for the southern district of New York; 1 additional district judge for the eastern district of Texas; and 1 additional district judge for the southern district of Texas. The table contained in section 133(a) of title 28, United States Code, is amended— by striking the items relating to California and inserting the following: by striking the item relating to Delaware and inserting the following: by striking the items relating to Florida and inserting the following: by striking the items relating to Indiana and inserting the following: by striking the items relating to Iowa and inserting the following: by striking the item relating to New Jersey and inserting the following: by striking the items relating to New York and inserting the following: and by striking the items relating to Texas and inserting the following: This paragraph shall take effect on the date of enactment of this Act. The President shall appoint, by and with the advice and consent of the Senate— 1 additional district judge for the district of Arizona; 2 additional district judges for the central district of California; 1 additional district judge for the eastern district of California; 1 additional district judge for the northern district of California; 1 additional district judge for the middle district of Florida; 1 additional district judge for the southern district of Florida; 1 additional district judge for the northern district of Georgia; 1 additional district judge for the district of Idaho; 1 additional district judge for the northern district of Texas; and 1 additional district judge for the southern district of Texas. The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (1) of this subsection, is amended— by striking the item relating to Arizona and inserting the following: by striking the items relating to California and inserting the following: by striking the items relating to Florida and inserting the following: by striking the items relating to Georgia and inserting the following: by striking the item relating to Idaho and inserting the following: and by striking the items relating to Texas and inserting the following: This paragraph shall take effect on January 21, 2027. The President shall appoint, by and with the advice and consent of the Senate— 1 additional district judge for the central district of California; 1 additional district judge for the eastern district of California; 1 additional district judge for the northern district of California; 1 additional district judge for the district of Colorado; 1 additional district judge for the district of Delaware; 1 additional district judge for the district of Nebraska; 1 additional district judge for the eastern district of New York; 1 additional district judge for the eastern district of Texas; 1 additional district judge for the southern district of Texas; and 1 additional district judge for the western district of Texas. The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (2) of this subsection, is amended— by striking the items relating to California and inserting the following: by striking the item relating to Colorado and inserting the following: by striking the item relating to Delaware and inserting the following: by striking the item relating to Nebraska and inserting the following: by striking the items relating to New York and inserting the following: and by striking the items relating to Texas and inserting the following: This paragraph shall take effect on January 21, 2029. The President shall appoint, by and with the advice and consent of the Senate— 1 additional district judge for the district of Arizona; 1 additional district judge for the central district of California; 1 additional district judge for the eastern district of California; 1 additional district judge for the northern district of California; 1 additional district judge for the southern district of California; 1 additional district judge for the middle district of Florida; 1 additional district judge for the southern district of Florida; 1 additional district judge for the district of New Jersey; 1 additional district judge for the western district of New York; and 2 additional district judges for the western district of Texas. The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (3) of this subsection, is amended— by striking the item relating to Arizona and inserting the following: by striking the items relating to California and inserting the following: by striking the items relating to Florida and inserting the following: by striking the item relating to New Jersey and inserting the following: by striking the items relating to New York and inserting the following: and by striking the items relating to Texas and inserting the following: This paragraph shall take effect on January 21, 2031. The President shall appoint, by and with the advice and consent of the Senate— 2 additional district judges for the central district of California; 1 additional district judge for the northern district of California; 1 additional district judge for the district of Colorado; 1 additional district judge for the middle district of Florida; 1 additional district judge for the northern district of Florida; 1 additional district judge for the northern district of Georgia; 1 additional district judge for the southern district of New York; 1 additional district judge for the southern district of Texas; and 1 additional district judge for the western district of Texas. The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (4) of this subsection, is amended— by striking the items relating to California and inserting the following: by striking the item relating to Colorado and inserting the following: by striking the items relating to Florida and inserting the following: by striking the items relating to Georgia and inserting the following: by striking the items relating to New York and inserting the following: and by striking the items relating to Texas and inserting the following: This paragraph shall take effect on January 21, 2033. The President shall appoint, by and with the advice and consent of the Senate— 2 additional district judges for the central district of California; 1 additional district judge for the northern district of California; 1 additional district judge for the southern district of California; 1 additional district judge for the middle district of Florida; 1 additional district judge for the southern district of Florida; 1 additional district judge for the district of New Jersey; 1 additional district judge for the eastern district of New York; and 2 additional district judges for the western district of Texas. The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (5) of this subsection, is amended— by striking the items relating to California and inserting the following: by striking the items relating to Florida and inserting the following: by striking the item relating to New Jersey and inserting the following: by striking the items relating to New York and inserting the following: and by striking the items relating to Texas and inserting the following: This paragraph shall take effect on January 21, 2035. The President shall appoint, by and with the advice and consent of the Senate— 2 additional district judges for the eastern district of Oklahoma; and 1 additional district judge for the northern district of Oklahoma. The first vacancy in the office of district judge in each of the offices of district judge authorized by this subsection, occurring 5 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. This subsection shall take effect on the date of enactment of this Act. There is authorized to be appropriated to carry out this section and the amendments made by this section— for each of fiscal years 2025 and 2026, $12,965,330; for each of fiscal years 2027 and 2028, $23,152,375; for each of fiscal years 2029 and 2030, $32,413,325; for each of fiscal years 2031 and 2032, $42,600,370; for each of fiscal years 2033 and 2034, $51,861,320; and for fiscal year 2035 and each fiscal year thereafter, $61,122,270. For each fiscal year described in paragraph (1), the amount authorized to be appropriated for such fiscal year shall be increased by the percentage by which— the Consumer Price Index for the previous fiscal year, exceeds the Consumer Price Index for the fiscal year preceding the fiscal year described in subparagraph (A). In this subsection, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers (all items, United States city average), published by the Bureau of Labor Statistics of the Department of Labor. California: Northern 15 Eastern 7 Central 28 Southern 13 ; Delaware 5 ; Florida: Northern 4 Middle 16 Southern 17 ; Indiana: Northern 5 Southern 6 ; Iowa: Northern 3 Southern 3 ; New Jersey 18 ; New York: Northern 5 Southern 29 Eastern 15 Western 4 ; Texas: Northern 12 Southern 20 Eastern 8 Western 13 . Arizona 13 ; California: Northern 16 Eastern 8 Central 30 Southern 13 ; Florida: Northern 4 Middle 17 Southern 18 ; Georgia: Northern 12 Middle 4 Southern 3 ; Idaho 3 ; Texas: Northern 13 Southern 21 Eastern 8 Western 13 . California: Northern 17 Eastern 9 Central 31 Southern 13 ; Colorado 8 ; Delaware 6 ; Nebraska 4 ; New York: Northern 5 Southern 29 Eastern 16 Western 4 ; Texas: Northern 13 Southern 22 Eastern 9 Western 14 . Arizona 14 ; California: Northern 18 Eastern 10 Central 32 Southern 14 ; Florida: Northern 4 Middle 18 Southern 19 ; New Jersey 19 ; New York: Northern 5 Southern 29 Eastern 16 Western 5 ; Texas: Northern 13 Southern 22 Eastern 9 Western 16 . California: Northern 19 Eastern 10 Central 34 Southern 14 ; Colorado 9 ; Florida: Northern 5 Middle 19 Southern 19 ; Georgia: Northern 13 Middle 4 Southern 3 ; New York: Northern 5 Southern 30 Eastern 16 Western 5 ; Texas: Northern 13 Southern 23 Eastern 9 Western 17 . California: Northern 20 Eastern 10 Central 36 Southern 15 ; Florida: Northern 5 Middle 20 Southern 20 ; New Jersey 20 ; New York: Northern 5 Southern 30 Eastern 17 Western 5 ; Texas: Northern 13 Southern 23 Eastern 9 Western 19 .

Section 15

15. Administration 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 Act. The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the date of enactment of this Act.

Section 16

16. 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.

Section 17

17. Effective date Except as provided in section 4(b) and 14, this Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act.