(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 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 cir-
cuit’’ means the twelfth judicial circuit of the United 
States established by the amendment made by sec-
tion 3(2)(B). 
(4) THIRTEENTH
CIRCUIT.—The term ‘‘thir-
teenth circuit’’ means the thirteenth 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 amend-
ed— 
(1) in the matter preceding the table, by strik-
ing ‘‘thirteen’’ and inserting ‘‘fifteen’’; and 
(2) in the table— 
(A) by striking the item relating to the 
ninth circuit and inserting the following: 
‘‘Ninth ...........................................
California, Guam, Hawaii, Northern 
Marianas Islands.’’;
and 
(B) by inserting after the item relating to 
the eleventh circuit the following: 
‘‘Twelfth ........................................
Arizona, Nevada, Idaho, Montana. 
‘‘Thirteenth ....................................
Alaska, Oregon, Washington.’’. 
SEC. 4. 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. 
The judges authorized by this paragraph shall not be ap-
pointed before January 21, 2005. 
(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. 5. 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 .......................................................................................................
19’’; 
and 
(2) by inserting after the item relating to the 
eleventh circuit the following: 
‘‘Twelfth ....................................................................................................
‘‘Thirteen ..................................................................................................
6.’’. 
SEC. 6. 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 ...........................................
San Francisco, Los Angeles.’’; 
and 
(2) by inserting after the item relating to the 
eleventh circuit the following: 
‘‘Twelfth ........................................
Las Vegas, Phoenix. 
‘‘Thirteen .......................................
Portland, Seattle.’’. 
SEC. 7. 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 Marianas Islands shall be a circuit judge 
of the new ninth circuit as of such effective date; 
(2) is in Arizona, Nevada, Idaho, or Montana 
shall be a circuit judge of the twelfth circuit as of 
such effective date; and 
(3) is in Alaska, Oregon, or Washington shall 
be a circuit judge of the thirteenth circuit as of such 
effective date. 
SEC. 8. 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, the 
twelfth circuit, or the thirteenth circuit as of such effective 
date, and shall notify the Director of the Administrative 
Office of the United States Courts of such election. 
SEC. 9. SENIORITY OF JUDGES. 
The seniority of each judge— 
(1) who is assigned under section 7, or 
(2) who elects to be assigned under section 8, 
shall run from the date of commission of such judge as 
a judge of the former ninth 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) If the matter has been submitted for deci-
sion, 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 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 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) A petition for rehearing or a petition for re-
hearing en banc in a matter decided before the effec-
tive date of this Act, or submitted before the effec-
tive date of this Act and decided on or after such 
effective date as provided in paragraph (1), shall be 
treated in the same manner and with the same effect 
as though this Act had not been enacted. If a peti-
tion for rehearing en banc is granted, the matter 
shall be reheard by a court comprised as though this 
Act had not been enacted. 
SEC. 11. 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 Ninth Circuit may, in the 
public interest and upon request by the chief judge of the 
Twelfth Circuit or the Thirteenth Circuit, designate and 
assign temporarily any circuit judge of the Ninth Circuit 
to act as circuit judge in the Twelfth Circuit or Thirteenth 
Circuit. 
‘‘(d) The chief judge of the Twelfth Circuit may, in 
the public interest and upon request by the chief judge 
of the Ninth Circuit or Thirteenth Circuit, designate and 
assign temporarily any circuit judge of the Twelfth Circuit 
to act as circuit judge in the Ninth Circuit or Thirteenth 
Circuit. 
‘‘(e) The chief judge of the Thirteenth Circuit may, 
in the public interest and upon request by the chief judge 
of the Ninth Circuit or the Twelfth Circuit, designate and 
assign temporarily any circuit judge of the Thirteenth Cir-
cuit to act as circuit judge in the Ninth Circuit or Twelfth 
Circuit.’’.
SEC. 12. 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 
Twelfth Circuit or Thirteenth Circuit, designate and 
assign 1 or more district judges within the Ninth 
Circuit to sit upon the Court of Appeals of the 
Twelfth Circuit or Thirteenth Circuit, or a division 
thereof, whenever the business of that court so re-
quires; and 
‘‘(2) designate and assign temporarily any dis-
trict judge within the Ninth Circuit to hold a district 
court in any district within the Twelfth Circuit or 
Thirteenth Circuit. 
‘‘(g) The chief judge of the United States Court of 
Appeals for the Twelfth Circuit may in the public inter-
est— 
‘‘(1) upon request by the chief judge of the 
Ninth Circuit or Thirteenth Circuit, designate and 
assign 1 or more district judges within the Twelfth 
Circuit to sit upon the Court of Appeals of the 
Ninth Circuit or Thirteenth Circuit, or a division
thereof whenever the business of that court so re-
quires; and 
‘‘(2) designate and assign temporarily any dis-
trict judge within the Twelfth Circuit to hold a dis-
trict court in any district within the Ninth Circuit 
or Thirteenth Circuit. 
‘‘(h) The chief judge of the United States Court of 
Appeals for the Thirteenth Circuit may in the public inter-
est— 
‘‘(1) upon request by the chief judge of the 
Ninth Circuit or Twelfth Circuit, designate and as-
sign 1 or more district judges within the Thirteenth 
Circuit to sit upon the Court of Appeals of the 
Ninth Circuit or Twelfth Circuit, or a division there-
of whenever the business of that court so requires; 
and 
‘‘(2) designate and assign temporarily any dis-
trict judge within the Thirteenth Circuit to hold a 
district court in any district within the Ninth Circuit 
or Twelfth Circuit. 
‘‘(i) Any designations or assignments under sub-
section (f), (g), or (h) 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. 13. ADMINISTRATIVE COORDINATION. 
Section 332 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(i) Any 2 contiguous circuits among the Ninth Cir-
cuit, Twelfth Circuit, and Thirteenth Circuit may jointly 
carry out such administrative functions and activities as 
the judicial councils of the 2 circuits determine may ben-
efit from coordination or consolidation.’’. 
SEC. 14. ADMINISTRATION. 
The court of appeals for the ninth circuit as con-
stituted 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. Such court shall cease to exist for administrative pur-
poses 2 years after the date of enactment of this Act. 
SEC. 15. EFFECTIVE DATE. 
Except as provided in section 4(c), this Act and the 
amendments made by this Act shall take effect on the first 
October 1 that occurs on or after the last day of the 9 
month-period beginning on the date on which the fifth of 
the judges provided for under section 4(a) has been nomi-
nated by the President. 
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