(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that bankruptcy judges in the eastern district 
of California should conduct bankruptcy proceedings on 
a daily basis in Bakersfield, California. 
SEC. 206. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall take effect on the date of the enactment of this Act. 
TITLE III—NINTH CIRCUIT 
REORGANIZATION 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Circuit Court of Ap-
peals Restructuring and Modernization Act of 2005’’. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) 
FORMER
NINTH
CIRCUIT.—The 
term 
‘‘former ninth circuit’’ means the ninth judicial cir-
cuit of the United States as in existence on the day 
before the effective date of this title. 
(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 303(2)(A). 
(3) TWELFTH CIRCUIT.—The term ‘‘twelfth cir-
cuit’’ means the twelfth judicial circuit of the United
States established by the amendment made by sec-
tion 303(2)(B). 
SEC. 303. NUMBER AND COMPOSITION OF CIRCUITS. 
Section 41 of title 28, United States Code, is amend-
ed— 
(1) in the matter preceding the table, by strik-
ing ‘‘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, Ne-
vada, Oregon, Washington.’’. 
SEC. 304. JUDGESHIPS. 
(a) NEW JUDGESHIPS.—The President shall appoint, 
by and with the advice and consent of the Senate, 5 addi-
tional circuit judges for the new ninth circuit court of ap-
peals, whose official duty station shall be in California. 
(b) TEMPORARY JUDGESHIPS.— 
(1) APPOINTMENT OF JUDGES.—The President 
shall appoint, by and with the advice and consent of 
the Senate, 2 additional circuit judges for the former
ninth circuit court of appeals, whose official duty 
stations shall be in California. 
(2) EFFECT OF VACANCIES.—The first 2 vacan-
cies occurring on the new ninth circuit court of ap-
peals 10 years or more after judges are first con-
firmed to fill both temporary circuit judgeships cre-
ated by this subsection shall not be filled. 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act. 
SEC. 305. NUMBER OF CIRCUIT JUDGES. 
The table contained 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 .......................................................................................................
20’’; 
and 
(2) by inserting after the item relating to the 
eleventh circuit the following: 
‘‘Twelfth ....................................................................................................
14’’. 
SEC. 306. 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 ...........................................
Honolulu, 
Pasadena, 
San 
Fran-
cisco.’’;
and 
(2) by inserting after the item relating to the 
eleventh circuit the following: 
‘‘Twelfth ........................................
Las Vegas, Missoula, Phoenix, Port-
land, Seattle.’’. 
SEC. 307. 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 title— 
(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; and 
(2) is in Alaska, Arizona, Idaho, Montana, Ne-
vada, Oregon, or Washington shall be a circuit judge 
of the twelfth circuit as of such effective date. 
SEC. 308. 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 
title may elect to be assigned to the new ninth circuit or 
the twelfth circuit as of such effective date and shall notify 
the Director of the Administrative Office of the United 
States Courts of such election. 
SEC. 309. SENIORITY OF JUDGES. 
The seniority of each judge— 
(1) who is assigned under section 307, or 
(2) who elects to be assigned under section 308,
shall run from the date of commission of such judge as 
a judge of the former ninth circuit. 
SEC. 310. APPLICATION TO CASES. 
The following apply to any case in which, on the day 
before the effective date of this title, 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 pro-
ceedings with respect to the matter shall be had in 
the same manner and with the same effect as if this 
title had not been enacted. 
(2) If the matter has not been submitted for de-
cision, the appeal or proceeding, together with the 
original papers, printed records, and record entries 
duly certified, shall, by appropriate orders, be trans-
ferred to the court to which the matter would have 
been submitted had this title 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) If a petition for rehearing en banc is pend-
ing on or after the effective date of this title, the pe-
tition shall be considered by the court of appeals to