I 
116TH CONGRESS 
1ST SESSION 
H. R. 78 
To amend title 28, United States Code, to divide the ninth judicial circuit 
of the United States into 2 circuits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2019 
Mr. BIGGS (for himself, Mr. YOUNG, and Mr. DUNCAN) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to divide the ninth 
judicial circuit of the United States into 2 circuits, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Judicial Administra-
tion and Improvement Act of 2019’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
FORMER
NINTH
CIRCUIT.—The 
term 
‘‘former ninth circuit’’ means the ninth judicial cir-
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cuit 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. 
(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 3. 
SEC. 3. 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, Hawaii, Oregon, Wash-
ington, Guam, Northern Mariana 
Islands.’’; 
and 
(B) by inserting after the item relating to 
the eleventh circuit the following: 
‘‘Twelfth ........................................
Alaska, Arizona, Idaho, Montana, Ne-
vada.’’. 
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SEC. 4. 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 ......................................................................................................
21’’; 
and 
(2) by inserting after the item relating to the 
eleventh circuit the following: 
‘‘Twelfth ...................................................................................................
8’’. 
SEC. 5. PLACES OF CIRCUIT COURT. 
The table contained in section 48(a) of title 28, 
United States Code, is amended by inserting after the 
item relating to the eleventh circuit the following: 
‘‘Twelfth ........................................
Las Vegas, Phoenix, Anchorage, Mis-
soula.’’. 
SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. 
(a) IN GENERAL.—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, Oregon, Washington, 
Guam, Hawaii, or the Northern Mariana Islands 
shall be a circuit judge of the new ninth circuit as 
of such effective date; and 
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(2) subject to subsection (b), is in Alaska, Ari-
zona, Idaho, Montana, or Nevada, shall be a circuit 
judge of the twelfth circuit as of such effective date. 
(b) ELECTION BY CERTAIN CIRCUIT JUDGES.—A cir-
cuit judge in regular active service as described in sub-
section (a)(2) may elect to be permanently assigned to the 
new ninth circuit as of such effective date by notifying 
the Director of the Administrative Office of the United 
States Courts of such election. 
(c) VACANCIES.—For each individual serving in the 
position of circuit judge of the former ninth circuit whose 
official duty station on the day before the effective date 
of this Act is in Alaska, Arizona, Idaho, Montana, or Ne-
vada, after the date on which such individual ceases to 
serve as a circuit judge, the President shall appoint, by 
and with the advice and consent of the Senate, 1 addi-
tional circuit judge for the twelfth circuit, without regard 
to whether such individual makes an election described in 
subsection (b). 
SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 
Each judge who is a senior circuit judge of the former 
ninth circuit, whose official duty station on the day before 
the effective date of this Act is in Alaska, Arizona, Idaho, 
Montana, or Nevada, may elect to be assigned to the new 
ninth circuit or the twelfth circuit as of such effective date 
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and shall notify the Director of the Administrative Office 
of the United States Courts of such election. 
SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. 
(a) IN GENERAL.—For each circuit judge in regular 
active service who elects to be assigned to the new ninth 
circuit under section 6(b), the President shall appoint, by 
and with the advice and consent of the Senate, 1 addi-
tional circuit judge for the twelfth circuit, resident in the 
duty station of the circuit judge making the election as 
of the day before the effective date of this Act. 
(b) VACANCIES.—For each appointment made under 
subsection (a) for the twelfth circuit, an equal number of 
corresponding vacancies in the position of circuit judge for 
the twelfth circuit shall not be filled. 
SEC. 9. SENIORITY OF JUDGES. 
(a) IN GENERAL.—The seniority of each judge— 
(1) who elects to be assigned to the twelfth cir-
cuit under section 6(b); 
(2) who elects to be assigned to the new ninth 
circuit under section 6(b); or 
(3) who elects to be assigned to the twelfth cir-
cuit under section 7, 
shall run from the date of commission of such judge as 
a judge of the former ninth circuit. 
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(b) TEMPORARY TWELFTH CIRCUIT JUDGES.—The 
seniority of each judge appointed under section 8(a) shall 
run from the date of commission of such judge as a judge 
of the twelfth circuit. 
SEC. 10. 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 pro-
ceedings 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 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 Act been in full force and 
effect on the date on which such appeal was taken 
or other proceeding commenced, and further pro-
ceedings with respect to the case shall be had in the 
same manner and with the same effect as if the ap-
peal or other proceeding had been filed in such 
court. 
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(3) If a petition for rehearing en banc is pend-
ing on or after the effective date of this Act, the pe-
tition 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. 11. ADMINISTRATION. 
(a) IN GENERAL.—The court of appeals for the ninth 
circuit as constituted on the day before the effective date 
of this Act may take such administrative action as may 
be required to carry out this Act and the amendments 
made by this Act. 
(b) ADMINISTRATIVE TERMINATION.—The court de-
scribed in subsection (a) shall cease to exist for adminis-
trative purposes 2 years after the effective date of this 
Act. 
SEC. 12. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect 1 year after the date of enactment of this Act. 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act and the amend-
ments made by this Act, including such sums as may be 
necessary to provide appropriate space and facilities for 
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any judicial positions created by this Act or an amendment 
made by this Act. 
Æ 
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