119-s3020

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3020 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 3020

 To increase the number of judgeships for the United States Court of 
Appeals for the Ninth Circuit and certain district courts of the United 
 States, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 October 21, 2025

 Mr. Sullivan (for himself, Mr. Crapo, Mr. Daines, Ms. Murkowski, Mr. 
 Risch, and Mr. Sheehy) introduced the following bill; 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 
 States, and for other purposes.

 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 ``Judicial Efficiency Improvement 
Act''.

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

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

SEC. 4. CIRCUIT COURT JUDGESHIPS.

    (a) New 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.

    (b) Effective Date.--This section shall take effect on the date of 
enactment of this Act.

SEC. 5. NUMBER OF CIRCUIT JUDGES.

 The table 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 .................................................... 18'';
 and

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

``Twelfth .................................................. 13''.

SEC. 6. PLACES OF CIRCUIT COURT.

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

 and

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

 ``Twelfth......................
 Las Vegas, 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 Seattle, 
Washington.

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 
 that 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 that 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--

    (1) may elect to be assigned to the new ninth circuit or 
 the twelfth circuit as of that effective date; and

    (2) shall notify the Director of the Administrative Office 
 of the United States Courts of the election made under 
 paragraph

    (1) .

SEC. 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.

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 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.

    (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 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.

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 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.''.

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 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.''.

SEC. 14. ADDITIONAL DISTRICT JUDGES FOR THE DISTRICT COURTS.

    (a) Additional Judgeships.--

    (1) 2025.--
        (A) In general.--The President shall appoint, by 
 and with the advice and consent of the Senate--
            (i) 1 additional district judge for the 
 central district of California;
            (ii) 1 additional district judge for the 
 eastern district of California;
            (iii) 1 additional district judge for the 
 northern district of California;
            (iv) 1 additional district judge for the 
 district of Delaware;
            (v) 1 additional district judge for the 
 middle district of Florida;
            (vi) 1 additional district judge for the 
 southern district of Indiana;
            (vii) 1 additional district judge for the 
 northern district of Iowa;
            (viii) 1 additional district judge for the 
 district of New Jersey;
            (ix) 1 additional district judge for the 
 southern district of New York;
            (x) 1 additional district judge for the 
 eastern district of Texas; and
            (xi) 1 additional district judge for the 
 southern district of Texas.
        (B) Tables.--The table contained in 

section 133

    (a) of title 28, United States Code, is amended--
            (i) by striking the items relating to 
 California and inserting the following:

 ``California:
 Northern............................. 15
 Eastern.............................. 7
 Central.............................. 28
 Southern............................. 13'';
            (ii) by striking the item relating to 
 Delaware and inserting the following:

 ``Delaware........................... 5'';
            (iii) by striking the items relating to 
 Florida and inserting the following:

 ``Florida:
 Northern............................. 4
 Middle............................... 16
 Southern............................. 17'';
            (iv) by striking the items relating to 
 Indiana and inserting the following:

 ``Indiana:
 Northern............................. 5
 Southern............................. 6'';
            (v) by striking the items relating to Iowa 
 and inserting the following:

 ``Iowa:
 Northern............................. 3
 Southern............................. 3'';
            (vi) by striking the item relating to New 
 Jersey and inserting the following:

 ``New Jersey......................... 18'';
            (vii) by striking the items relating to New 
 York and inserting the following:

 ``New York:
 Northern............................. 5
 Southern............................. 29
 Eastern.............................. 15
 Western.............................. 4'';

 and
            (viii) by striking the items relating to 
 Texas and inserting the following:

 ``Texas:
 Northern............................. 12
 Southern............................. 20
 Eastern.............................. 8
 Western.............................. 13''.
            (C) Effective date.--This paragraph shall take 
 effect on the date of enactment of this Act.

    (2) 2027.--
        (A) In general.--The President shall appoint, by 
 and with the advice and consent of the Senate--
            (i) 1 additional district judge for the 
 district of Arizona;
            (ii) 2 additional district judges for the 
 central district of California;
            (iii) 1 additional district judge for the 
 eastern district of California;
            (iv) 1 additional district judge for the 
 northern district of California;
            (v) 1 additional district judge for the 
 middle district of Florida;
            (vi) 1 additional district judge for the 
 southern district of Florida;
            (vii) 1 additional district judge for the 
 northern district of Georgia;
            (viii) 1 additional district judge for the 
 district of Idaho;
            (ix) 1 additional district judge for the 
 northern district of Texas; and
            (x) 1 additional district judge for the 
 southern district of Texas.
        (B) Tables.--The table contained in 

section 133

    (a) of title 28, United States Code, as amended by 
 paragraph

    (1) of this subsection, is amended--
            (i) by striking the item relating to 
 Arizona and inserting the following:

 ``Arizona............................ 13'';
            (ii) by striking the items relating to 
 California and inserting the following:

 ``California:
 Northern............................. 16
 Eastern.............................. 8
 Central.............................. 30
 Southern............................. 13'';
            (iii) by striking the items relating to 
 Florida and inserting the following:

 ``Florida:
 Northern............................. 4
 Middle............................... 17
 Southern............................. 18'';
            (iv) by striking the items relating to 
 Georgia and inserting the following:

 ``Georgia:
 Northern............................. 12
 Middle............................... 4
 Southern............................. 3'';
            (v) by striking the item relating to Idaho 
 and inserting the following:

 ``Idaho.............................. 3'';

 and
            (vi) by striking the items relating to 
 Texas and inserting the following:

 ``Texas:
 Northern............................. 13
 Southern............................. 21
 Eastern.............................. 8
 Western.............................. 13''.
            (C) Effective date.--This paragraph shall take 
 effect on January 21, 2027.

    (3) 2029.--
        (A) In general.--The President shall appoint, by 
 and with the advice and consent of the Senate--
            (i) 1 additional district judge for the 
 central district of California;
            (ii) 1 additional district judge for the 
 eastern district of California;
            (iii) 1 additional district judge for the 
 northern district of California;
            (iv) 1 additional district judge for the 
 district of Colorado;
            (v) 1 additional district judge for the 
 district of Delaware;
            (vi) 1 additional district judge for the 
 district of Nebraska;
            (vii) 1 additional district judge for the 
 eastern district of New York;
            (viii) 1 additional district judge for the 
 eastern district of Texas;
            (ix) 1 additional district judge for the 
 southern district of Texas; and
            (x) 1 additional district judge for the 
 western district of Texas.
        (B) Tables.--The table contained in 

section 133

    (a) of title 28, United States Code, as amended by 
 paragraph

    (2) of this subsection, is amended--
            (i) by striking the items relating to 
 California and inserting the following:

 ``California:
 Northern............................. 17
 Eastern.............................. 9
 Central.............................. 31
 Southern............................. 13'';
            (ii) by striking the item relating to 
 Colorado and inserting the following:

 ``Colorado........................... 8'';
            (iii) by striking the item relating to 
 Delaware and inserting the following:

 ``Delaware........................... 6'';
            (iv) by striking the item relating to 
 Nebraska and inserting the following:

 ``Nebraska........................... 4'';
            (v) by striking the items relating to New 
 York and inserting the following:

 ``New York:
 Northern............................. 5
 Southern............................. 29
 Eastern.............................. 16
 Western.............................. 4'';

 and
            (vi) by striking the items relating to 
 Texas and inserting the following:

 ``Texas:
 Northern............................. 13
 Southern............................. 22
 Eastern.............................. 9
 Western.............................. 14''.
            (C) Effective date.--This paragraph shall take 
 effect on January 21, 2029.

    (4) 2031.--
        (A) In general.--The President shall appoint, by 
 and with the advice and consent of the Senate--
            (i) 1 additional district judge for the 
 district of Arizona;
            (ii) 1 additional district judge for the 
 central district of California;
            (iii) 1 additional district judge for the 
 eastern district of California;
            (iv) 1 additional district judge for the 
 northern district of California;
            (v) 1 additional district judge for the 
 southern district of California;
            (vi) 1 additional district judge for the 
 middle district of Florida;
            (vii) 1 additional district judge for the 
 southern district of Florida;
            (viii) 1 additional district judge for the 
 district of New Jersey;
            (ix) 1 additional district judge for the 
 western district of New York; and
            (x) 2 additional district judges for the 
 western district of Texas.
        (B) Tables.--The table contained in 

section 133

    (a) of title 28, United States Code, as amended by 
 paragraph

    (3) of this subsection, is amended--
            (i) by striking the item relating to 
 Arizona and inserting the following:

 ``Arizona............................ 14'';
            (ii) by striking the items relating to 
 California and inserting the following:

 ``California:
 Northern............................. 18
 Eastern.............................. 10
 Central.............................. 32
 Southern............................. 14'';
            (iii) by striking the items relating to 
 Florida and inserting the following:

 ``Florida:
 Northern............................. 4
 Middle............................... 18
 Southern............................. 19'';
            (iv) by striking the item relating to New 
 Jersey and inserting the following:

 ``New Jersey......................... 19'';
            (v) by striking the items relating to New 
 York and inserting the following:

 ``New York:
 Northern............................. 5
 Southern............................. 29
 Eastern.............................. 16
 Western.............................. 5'';

 and
            (vi) by striking the items relating to 
 Texas and inserting the following:

 ``Texas:
 Northern............................. 13
 Southern............................. 22
 Eastern.............................. 9
 Western.............................. 16''.
            (C) Effective date.--This paragraph shall take 
 effect on January 21, 2031.

    (5) 2033.--
        (A) In general.--The President shall appoint, by 
 and with the advice and consent of the Senate--
            (i) 2 additional district judges for the 
 central district of California;
            (ii) 1 additional district judge for the 
 northern district of California;
            (iii) 1 additional district judge for the 
 district of Colorado;
            (iv) 1 additional district judge for the 
 middle district of Florida;
            (v) 1 additional district judge for the 
 northern district of Florida;
            (vi) 1 additional district judge for the 
 northern district of Georgia;
            (vii) 1 additional district judge for the 
 southern district of New York;
            (viii) 1 additional district judge for the 
 southern district of Texas; and
            (ix) 1 additional district judge for the 
 western district of Texas.
        (B) Tables.--The table contained in 

section 133

    (a) of title 28, United States Code, as amended by 
 paragraph

    (4) of this subsection, is amended--
            (i) by striking the items relating to 
 California and inserting the following:

 ``California:
 Northern............................. 19
 Eastern.............................. 10
 Central.............................. 34
 Southern............................. 14'';
            (ii) by striking the item relating to 
 Colorado and inserting the following:

 ``Colorado........................... 9'';
            (iii) by striking the items relating to 
 Florida and inserting the following:

 ``Florida:
 Northern............................. 5
 Middle............................... 19
 Southern............................. 19'';
            (iv) by striking the items relating to 
 Georgia and inserting the following:

 ``Georgia:
 Northern............................. 13
 Middle............................... 4
 Southern............................. 3'';
            (v) by striking the items relating to New 
 York and inserting the following:

 ``New York:
 Northern............................. 5
 Southern............................. 30
 Eastern.............................. 16
 Western.............................. 5'';

 and
            (vi) by striking the items relating to 
 Texas and inserting the following:

 ``Texas:
 Northern............................. 13
 Southern............................. 23
 Eastern.............................. 9
 Western.............................. 17''.
            (C) Effective date.--This paragraph shall take 
 effect on January 21, 2033.

    (6) 2035.--
        (A) In general.--The President shall appoint, by 
 and with the advice and consent of the Senate--
            (i) 2 additional district judges for the 
 central district of California;
            (ii) 1 additional district judge for the 
 northern district of California;
            (iii) 1 additional district judge for the 
 southern district of California;
            (iv) 1 additional district judge for the 
 middle district of Florida;
            (v) 1 additional district judge for the 
 southern district of Florida;
            (vi) 1 additional district judge for the 
 district of New Jersey;
            (vii) 1 additional district judge for the 
 eastern district of New York; and
            (viii) 2 additional district judges for the 
 western district of Texas.
        (B) Tables.--The table contained in 

section 133

    (a) of title 28, United States Code, as amended by 
 paragraph

    (5) of this subsection, is amended--
            (i) by striking the items relating to 
 California and inserting the following:

 ``California:
 Northern............................. 20
 Eastern.............................. 10
 Central.............................. 36
 Southern............................. 15'';
            (ii) by striking the items relating to 
 Florida and inserting the following:

 ``Florida:
 Northern............................. 5
 Middle............................... 20
 Southern............................. 20'';
            (iii) by striking the item relating to New 
 Jersey and inserting the following:

 ``New Jersey......................... 20'';
            (iv) by striking the items relating to New 
 York and inserting the following:

 ``New York:
 Northern............................. 5
 Southern............................. 30
 Eastern.............................. 17
 Western.............................. 5'';

 and
            (v) by striking the items relating to Texas 
 and inserting the following:

 ``Texas:
 Northern............................. 13
 Southern............................. 23
 Eastern.............................. 9
 Western.............................. 19''.
            (C) Effective date.--This paragraph shall take 
 effect on January 21, 2035.

    (b) Temporary Judgeships.--

    (1) In general.--The President shall appoint, by and with 
 the advice and consent of the Senate--
        (A) 2 additional district judges for the eastern 
 district of Oklahoma; and
        (B) 1 additional district judge for the northern 
 district of Oklahoma.

    (2) Vacancies not filled.--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.

    (3) Effective date.--This subsection shall take effect on 
 the date of enactment of this Act.
            (c) Authorization of Appropriations.--

    (1) In general.--There is authorized to be appropriated to 
 carry out this section and the amendments made by this 
 section--
        (A) for each of fiscal years 2025 and 2026, 
 $12,965,330;
        (B) for each of fiscal years 2027 and 2028, 
 $23,152,375;
            (C) for each of fiscal years 2029 and 2030, 
 $32,413,325;
            (D) for each of fiscal years 2031 and 2032, 
 $42,600,370;
        (E) for each of fiscal years 2033 and 2034, 
 $51,861,320; and
        (F) for fiscal year 2035 and each fiscal year 
 thereafter, $61,122,270.

    (2) Inflation adjustment.--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--
        (A) the Consumer Price Index for the previous 
 fiscal year, exceeds
        (B) the Consumer Price Index for the fiscal year 
 preceding the fiscal year described in subparagraph
        (A) .

    (3) === Definition. ===
-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.

SEC. 15. ADMINISTRATION.

    (a) 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 Act.

    (b) Administrative Termination.--The court described in subsection

    (a) shall cease to exist for administrative purposes 2 years after the 
date of enactment of this Act.

SEC. 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.

SEC. 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.
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