[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6195 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6195

 To provide for additional district court judges for certain judicial 
    districts, and to provide for the cross-designation of special 
 assistant United States attorneys to prosecute certain border-related 
                   offenses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2010

 Mr. Gary G. Miller of California introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for additional district court judges for certain judicial 
    districts, and to provide for the cross-designation of special 
 assistant United States attorneys to prosecute certain border-related 
                   offenses, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Justice Along the Southwest 
Border Act of 2010''.

SEC. 2. ADDITIONAL JUDGESHIPS FOR CERTAIN JUDICIAL DISTRICTS.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate--
            (1) 1 additional district judge for the district of 
        Arizona;
            (2) 4 additional district judges for the eastern district 
        of California;
            (3) 4 additional district judges for the central district 
        of California;
            (4) 4 additional district judges for the northern district 
        of California;
            (5) 1 additional district judge for the district of New 
        Mexico;
            (6) 2 additional district judges for the southern district 
        of Texas;
            (7) 1 additional district judge for the eastern district of 
        Texas; and
            (8) 4 additional district judges for the western district 
        of Texas.
    (b) Existing Judgeships.--The existing judgeships for the district 
of Arizona, the eastern district of Texas, and the district of New 
Mexico authorized by section 312(c) of the 21st Century Department of 
Justice Appropriations Authorization Act (Public Law 107-273, 116 Stat. 
1758), as of the effective date of this Act, shall be authorized under 
section 133 of title 28, United States Code, and the incumbents in 
those offices shall hold the office under section 133 of title 28, 
United States Code, as amended by this Act.
    (c) Temporary Judgeship.--
            (1) The President shall appoint, by and with the advice and 
        consent of the Senate--
                    (A) 1 additional judge for the district of Arizona;
                    (B) 1 additional judge for the eastern district of 
                California;
                    (C) 1 additional judge for the central district of 
                California; and
                    (D) 1 additional judge for the northern district of 
                California.
            (2) The first vacancy in the office of district judge in 
        each judicial district to which a judge is appointed under 
        paragraph (1), occurring 10 years or more after the date of 
        enactment of this Act, shall not be filled.
    (d) Tables.--In order that the table contained in section 133(a) of 
title 28, United States Code, will, with respect to each judicial 
district, reflect the changes in the total number of permanent district 
judgeships authorized as a result of subsections (a) and (b) of this 
section, such table is amended--
            (1) by striking the item relating to Arizona and inserting 
        the following:


``Arizona.......................................................   14'';
 

            (2) by striking the item relating to California and 
        inserting the following:


``California:                                                     ......
  Northern......................................................      18
  Eastern.......................................................      10
  Central.......................................................      31
  Southern......................................................   13'';
 

            (3) by striking the item relating to New Mexico and 
        inserting the following:


``New Mexico....................................................    8'';
 

        and
            (4) by striking the item relating to Texas and inserting 
        the following:


``Texas:                                                          ......
  Northern......................................................      12
  Southern......................................................      21
  Eastern.......................................................       9
  Western.......................................................   17''.
 

    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
including such sums as may be necessary to provide appropriate space 
and facilities for the judicial positions created by this section.

SEC. 3. SPECIAL ASSISTANT UNITED STATES ATTORNEYS' PROGRAM.

    (a) In General.--The Attorney General shall allocate any amounts 
appropriated pursuant to the authorization under subsection (c) for the 
hiring and training of special assistant United States attorneys.
    (b) Use of Funds.--The funds allocated under subsection (a) shall 
be used to--
            (1) train local prosecutors in techniques used to prosecute 
        border-related offenses cases;
            (2) train local prosecutors in Federal and State laws 
        relating to border-related offenses;
            (3) cross-designate local prosecutors as special assistant 
        United States attorneys; and
            (4) hire additional local prosecutors who--
                    (A) with the approval of the United States 
                attorney, shall be cross-designated to prosecute both 
                Federal and State border-related offenses cases; and
                    (B) shall be assigned a caseload, whether in State 
                court or Federal court, that gives the highest priority 
                to cases in which--
                            (i) charges of border-related offenses are 
                        submitted by law enforcement for consideration; 
                        and
                            (ii) the defendant has been previously 
                        convicted of a border-related offense.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this section.
    (d) Definition.--In this section, the term ``border-related 
offense'' means any of the following:
            (1) Any offense under section 274(a), 274C(e), 275, 276, 
        277, or 278 of the Immigration and Nationality Act (8 U.S.C. 
        1324(a), 1324c(e), 1325, 1326, 1327, 1328).
            (2) Any offense under section 545 or 546 of title 18, 
        United States Code, if the relevant merchandise is a controlled 
        substance.
            (3) Any offense under section 1010, 1012, or 1013 of the 
        Controlled Substances Act (21 U.S.C. 960, 962, 963).
            (4) Any offense under chapter 69 of title 18, United States 
        Code.
            (5) Any offense under section 2424 of title 18, United 
        States Code.
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