I 111th CONGRESS 2d Session H. R. 6195 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.

1.

Short title

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

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: Arizona14 ; (2)by striking the item relating to California and inserting the following: California: Northern18 Eastern10 Central31 Southern13 ; (3)by striking the item relating to New Mexico and inserting the following: New Mexico8 ; and(4)by striking the item relating to Texas and inserting the following: Texas: Northern12 Southern21 Eastern9 Western17 . (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.

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.