text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Judicial Administration and 
  Improvement Act of 2016''.
  
  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.
              (3) Twelfth circuit.--The term ``twelfth circuit'' means 
          the twelfth judicial circuit of the United States established 
          by the amendment made by section 3.
  
  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, Hawaii, Oregon, 
                                                  Washington, Guam, 
                                                  Northern Mariana 
                                                  Islands.'';
                  and
                      (B) by inserting after the item relating to the 
                  eleventh circuit the following:
  
      ``Twelfth......................
                                          Alaska, Arizona, Idaho, 
                                                  Montana, Nevada.''.
  
  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, 
                                                  Missoula.''.
  
  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
              (2) subject to subsection (b), is in Alaska, Arizona, 
          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 circuit judge in regular 
  active service as described in subsection (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 Nevada, 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 additional 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 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 additional 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 circuit 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 circuit under 
          section 7,
  shall run from the date of commission of such judge as a judge of the 
  former ninth circuit.
      (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 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 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 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. 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 described in subsection 
  (a) shall cease to exist for administrative 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 amendments made by this Act, 
  including such sums as may be necessary to provide appropriate space 
  and facilities for any judicial positions created by this Act or an 
  amendment made by this Act.
target: Judicial Administration and Improvement Act of 2016 [sic] This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions.  The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit.
feat_title: Judicial Administration and Improvement Act of 2016