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(1) by striking the item amended pursuant to 
subsection (a)(1) and inserting the following:
‘‘Ninth ................................................................................................
25’’;
(2) by striking the item amended pursuant to 
subsection (a)(2) and inserting:
‘‘Twelfth .............................................................................................
10’’;
and 
(3) by striking the item relating to the tenth 
circuit and inserting the following:
‘‘Tenth ................................................................................................
14’’.
SEC. 4. 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 .............................
San Francisco, Los Angeles.’’; 
and 
(2) by inserting between the last 2 items at the 
end the following:
‘‘Twelfth ..........................
Portland, Seattle.’’. 
SEC. 5. ELECTION OF ASSIGNMENT BY CIRCUIT JUDGES. 
(a) Except as provided in subsection (b) and notwith-
standing 22 U.S.C. § 44(c), each circuit judge who is in 
regular active service, and each judge who is a senior 
judge, of the former ninth circuit on the day before the 
effective date of this Act may elect to be assigned to the
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new ninth circuit or to the twelfth circuit and shall notify 
the Director of the Administrative Office of the United 
States Courts of such election. 
(b) Each circuit judge who is in regular active service, 
and each judge who is a senior judge, of the former ninth 
circuit and whose official station on the effective date of 
this Act is in Arizona may, notwithstanding 22 U.S.C. 
§ 44(c), elect to be assigned to the new ninth circuit or 
to the tenth circuit and shall notify the Director of the 
Administrative Office of the United States Courts of such 
election.
SEC. 6. SENIORITY OF JUDGES. 
The seniority of each judge who elects to be assigned 
under section 5 of this Act shall run from the date of com-
mission of such judge as a judge of the former ninth cir-
cuit. 
SEC. 7. APPLICATION TO CASES. 
(a) The provisions of the following paragraphs of this 
subsection apply to any case other than a case arising 
from the United States District Court for the District of 
Arizona 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 in respect of the matter
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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 in 
respect of 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 the ef-
fective 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. 
(b) Any appeal of any case pending in the United 
States District Court for the District of Arizona on the
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day before the effective date of this Act, and any further 
proceeding in respect of any case arising from the District 
Court in which an appeal or other proceeding has been 
filed with the former ninth circuit on such day, shall be 
had in the new ninth circuit. 
SEC. 8. DEFINITIONS. 
In this Act, the term—
(1) ‘‘former ninth circuit’’ means the ninth ju-
dicial circuit of the United States as in existence on 
the day before the effective date of this Act; 
(2) ‘‘new ninth circuit’’ means the ninth judicial 
circuit of the United States established by the 
amendment made by section 2(2)(A); and 
(3) ‘‘twelfth circuit’’ means the twelfth judicial 
circuit of the United States established by the 
amendment made by section 2(2)(C). 
SEC. 9. ADMINISTRATION. 
(a) The former ninth circuit and the tenth circuit as 
constituted on the day before the effective date of this Act 
may take such administrative actions as may be required 
to carry out this Act and the amendments made by this 
Act. 
(b) The former ninth circuit shall cease to exist for 
administrative purposes on July 1, 2005.
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(c) During the ten years following the date of enact-
ment of this Act, the new ninth circuit and the twelfth 
circuit may meet in either circuit’s jurisidiction. 
SEC. 10. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
become effective on October 1, 2003.
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