[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6755 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6755

    To provide for additional Article III judges, to modernize the 
           administration of justice, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2018

Mr. Issa (for himself and Mr. Goodlatte) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Transportation and Infrastructure, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To provide for additional Article III judges, to modernize the 
           administration of justice, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Judiciary Reforms, 
Organization and Operational Modernization Act of 2018'' or the 
``Judiciary ROOM Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--JUDGESHIPS AND COURT ORGANIZATION

Sec. 101. District judges for the district courts.
Sec. 102. Judicial districts of North Carolina.
Sec. 103. Realignment of the eastern district of Arkansas.
Sec. 104. Construction project in the James M. Carter and Judith N. 
                            Keep U.S. Courthouse.
Sec. 105. Federal courthouse in Harrisonburg, Virginia.
                     TITLE II--JUDICIAL OPERATIONS

Sec. 201. Code of conduct for Federal judges.
Sec. 202. Recusal of Supreme Court justices.
Sec. 203. Medical examinations for Federal judges.
                      TITLE III--COURT OPERATIONS

Sec. 301. Video recording of court proceedings.
Sec. 302. Advisory Committee for Access to Court Broadcasts and Case 
                            Information.
Sec. 303. PACER.

               TITLE I--JUDGESHIPS AND COURT ORGANIZATION

SEC. 101. DISTRICT JUDGES FOR THE DISTRICT COURTS.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate--
            (1) 7 additional district judges for the central district 
        of California;
            (2) 5 additional district judges for the eastern district 
        of California;
            (3) 2 additional district judges for the northern district 
        of California;
            (4) 3 additional district judges for the southern district 
        of California;
            (5) 1 additional district judge for the district of 
        Colorado;
            (6) 1 additional district judge for the district of 
        Delaware;
            (7) 6 additional district judges for the middle district of 
        Florida;
            (8) 1 additional district judge for the northern district 
        of Florida;
            (9) 3 additional district judges for the southern district 
        of Florida;
            (10) 1 additional district judge for the northern district 
        of Georgia;
            (11) 1 additional district judge for the district of ldaho;
            (12) 1 additional district judge for the southern district 
        of Indiana;
            (13) 1 additional district judge for the district of 
        Minnesota;
            (14) 1 additional district judge for the district of 
        Nevada;
            (15) 3 additional district judges for the district of New 
        Jersey;
            (16) 2 additional district judges for the district of New 
        Mexico;
            (17) 2 additional district judges for the eastern district 
        of New York;
            (18) 1 additional district judge for the southern district 
        of New York;
            (19) 1 additional district judge for the western district 
        of New York;
            (20) 1 additional district judge for the district of Puerto 
        Rico;
            (21) 2 additional district judges for the eastern district 
        of Texas;
            (22) 2 additional district judges for the southern district 
        of Texas; and
            (23) 4 additional district judges for the western district 
        of Texas.
    (b) Existing Judgeships.--As of the date of enactment of this Act, 
the following existing judgeships shall be authorized under section 133 
of title 28, United States Code, and the incumbents in those offices 
shall hold the office under such section:
            (1) The judgeships authorized by section 203(c) of the 
        Judicial Improvements Act of 1990 (Public Law 101-650; 28 
        U.S.C. 133 note) for--
                    (A) the district of Kansas; and
                    (B) the eastern district of Missouri.
            (2) The judgeships authorized by section 312(c) of the 21st 
        Century Department of Justice Appropriations Authorization Act 
        (Public Law 107-273; 28 U.S.C. 133 note) for--
                    (A) the district of Arizona;
                    (B) the central district of California;
                    (C) the southern district of Florida;
                    (D) the district of New Mexico;
                    (E) the western district of North Carolina; and
                    (F) the eastern district of Texas.
    (c) Tables.--ln order that the table contained in section 133 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 to read as follows:


 
                                                              Number of
                        ``Districts                             Judges
 
Alabama:...................................................
  Northern.................................................            7
  Middle...................................................            3
  Southern.................................................            3
Alaska.....................................................            3
Arizona....................................................           13
Arkansas:..................................................
  Eastern..................................................            5
  Western..................................................            3
California:................................................
  Northern.................................................           16
  Eastern..................................................           11
  Central..................................................           35
  Southern.................................................           16
Colorado...................................................            8
Connecticut................................................            8
Delaware...................................................            5
District of Columbia.......................................           15
Florida:...................................................
  Northern.................................................            5
  Middle...................................................           21
  Southern.................................................           21
Georgia:...................................................
  Northern.................................................           12
  Middle...................................................            4
  Southern.................................................            3
Hawaii.....................................................            3
Idaho......................................................            3
  Illinois:................................................
  Northern.................................................           22
  Central..................................................            4
  Southern.................................................            4
Indiana:...................................................
  Northern.................................................            5
  Southern.................................................            6
Iowa:......................................................
  Northern.................................................            2
  Southern.................................................            3
Kansas.....................................................            6
Kentucky:..................................................
  Eastern..................................................            5
  Western..................................................            4
  Eastern and Western......................................            1
Louisiana:.................................................
  Eastern..................................................           12
  Middle...................................................            3
  Western..................................................            7
Maine......................................................            3
Maryland...................................................           10
Massachusetts..............................................           13
Michigan:..................................................
  Eastern..................................................           15
  Western..................................................            4
Minnesota..................................................            8
Mississippi:...............................................
  Northern.................................................            3
  Southern.................................................            6
Missouri:..................................................
  Eastern..................................................            7
  Western..................................................            5
  Eastern and Western......................................            2
Montana....................................................            3
Nebraska...................................................            3
Nevada.....................................................            8
New Hampshire..............................................            3
New Jersey.................................................           20
New Mexico.................................................            9
New York:..................................................
  Northern.................................................            5
  Southern.................................................           29
  Eastern..................................................           17
  Western..................................................            5
North Carolina:............................................
  Eastern..................................................            4
  Middle...................................................            4
  Western..................................................            5
North Dakota...............................................            2
Ohio:......................................................
  Northern.................................................           11
  Southern.................................................            8
Oklahoma:..................................................
  Northern.................................................            3
  Eastern..................................................            1
  Western..................................................            6
  Northern, Eastern, and Western...........................            1
Oregon.....................................................            6
Pennsylvania:..............................................
  Eastern..................................................           22
  Middle...................................................            6
  Western..................................................           10
Puerto Rico................................................            8
Rhode Island...............................................            3
South Carolina.............................................           10
South Dakota...............................................            3
Tennessee:.................................................
  Eastern..................................................            5
  Middle...................................................            4
  Western..................................................            5
Texas:.....................................................
  Northern.................................................           12
  Southern.................................................           21
  Eastern..................................................           10
  Western..................................................           17
Utah.......................................................            5
Vermont....................................................            2
Virginia:..................................................
  Eastern..................................................           11
  Western..................................................            4
Washington:................................................
  Eastern..................................................            4
  Western..................................................            7
West Virginia:.............................................
  Northern.................................................            3
  Southern.................................................            5
Wisconsin:.................................................
  Eastern..................................................            5
  Western..................................................            2
Wyoming....................................................         3''.
 

    (d) Designation of Judges.--The chief judge of the eastern district 
of California shall designate 1 district judge whose official duty 
station shall be in Bakersfield, California and who shall hold court 
for such district in Bakersfield, California.

SEC. 102. JUDICIAL DISTRICTS OF NORTH CAROLINA.

    (a) In General.--Section 113 of title 28, United States Code, is 
amended--
            (1) in subsection (a), by striking ``and Wilson and'' and 
        inserting ``Wilson, those portions of Hoke, Moore, Scotland, 
        and Richmond counties encompassing the Fort Bragg Military 
        Reservation and Camp Mackall, and''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Middle District.--The Middle District comprises the counties 
of Alamance, Cabarrus, Caswell, Chatham, Davidson, Davie, Durham 
(excluding that portion of Durham County encompassing the Federal 
Correctional Institution, Butner, North Carolina), Forsyth, Guilford, 
Hoke (excluding that portion of Hoke County encompassing the Fort Bragg 
Military Reservation and Camp Mackall), Lee, Montgomery, Moore 
(excluding that portion of Moore County encompassing the Fort Bragg 
Military Reservation and Camp Mackall), Orange, Person, Randolph, 
Richmond (excluding that portion of Richmond County encompassing the 
Fort Bragg Military Reservation and Camp Mackall), Rockingham, Rowan, 
Scotland (excluding that portion of Scotland County encompassing the 
Fort Bragg Military Reservation and Camp Mackall), Stanly, Stokes, 
Surry, and Yadkin.''.
    (b) Application.--The amendments made by subsection (a) shall not 
apply to any action commenced or pending in any judicial district of 
North Carolina before the date of enactment of this Act.

SEC. 103. REALIGNMENT OF THE EASTERN DISTRICT OF ARKANSAS.

    Section 83(a) of title 28, United States Code, is amended to read 
as follows:
``Eastern District.
    ``(a) The Eastern District comprises three divisions.
            ``(1) The Central Division comprises the counties of 
        Cleburne, Cleveland, Conway, Dallas, Drew, Faulkner, Grant, 
        Jefferson, Lincoln, Lonoke, Perry, Pope Prairie, Pulaski, 
        Saline, Stone, Van Buren, White, and Yell.
Court for the Central Division shall be held at Little Rock.
            ``(2) The Delta Division comprises the counties of 
        Arkansas, Chicot, Crittenden, Desha, Lee, Monroe, Phillips, and 
        St. Francis.
Court for the Delta Division shall be held at Helena.
            ``(3) The Northern Division comprises the counties of Clay, 
        Craighead, Cross, Fulton, Greene, Independence, Izard, Jackson, 
        Lawrence, Mississippi, Poinsett, Randolph, Sharp, and Woodruff.
Court for the Northern Division shall be held at Jonesboro.''.

SEC. 104. CONSTRUCTION PROJECT IN THE JAMES M. CARTER AND JUDITH N. 
              KEEP U.S. COURTHOUSE.

    Not later than one year after the date of the enactment of this 
Act, the Administrator of General Services shall complete and submit to 
Congress a prospectus for a construction project in the James M. Carter 
and Judith N. Keep U.S. Courthouse in San Diego, California, which 
project shall consist of building two new district courtrooms and four 
magistrate judge chambers. Any limitation regarding the Carter-Keep 
Courthouse contained in previous authorizations should not apply to the 
prospectus required under this section.

SEC. 105. FEDERAL COURTHOUSE IN HARRISONBURG, VIRGINIA.

    The Director of the Administrative Office of the Courts shall 
maintain a courthouse located in Harrisonburg, Virginia.

                     TITLE II--JUDICIAL OPERATIONS

SEC. 201. CODE OF CONDUCT FOR FEDERAL JUDGES.

    (a) In General.--Chapter 57 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 964. Code of conduct
    ``Not later than one year after the date of the enactment of the 
Judiciary ROOM Act of 2018, the Judicial Conference shall issue a code 
of conduct, which applies to each justice and judge of the United 
States, except that the code of conduct may include provisions that are 
applicable only to certain categories of judges or justices.''.
    (b) Clerical Amendment.--The table of sections for chapter 57 of 
title 28, United States Code, is amended by adding after the item 
related to section 963 the following:

``964. Code of conduct.''.

SEC. 202. RECUSAL OF SUPREME COURT JUSTICES.

    (a) In General.--Chapter 1 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 7. Recusal
    ``The clerk of the Supreme Court shall ensure that for any matter 
for which a justice of the Supreme Court is recused, timely notice of 
such recusal is made publicly available on the website of the Supreme 
Court, along with an explanation for such recusal.''.
    (b) Clerical Amendment.--The table of sections for chapter 1 of 
title 28, United States Code, is amended by adding after the item 
related to section 6 the following:

``7. Recusal.''.

SEC. 203. MEDICAL EXAMINATIONS FOR FEDERAL JUDGES.

    (a) In General.--Chapter 21 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 464. Medical examinations for justices and judges
    ``(a) In General.--Each justice or judge of the United States 
shall, at no expense to the judge or justice, undergo a medical 
examination by a physician--
            ``(1) in the case of a judge or justice who is 70 years of 
        age or younger, every 5 years;
            ``(2) in the case of a judge or justice who is older than 
        70 years of age and younger than 81 years of age, every 2 
        years; and
            ``(3) in the case of a judge or justice who is 81 years of 
        age or older, every year.
    ``(b) Confidentiality.--Except as provided in subsection (c), the 
results of a medical examination described in subsection (a) shall be 
confidential.
    ``(c) Exception.--Notwithstanding any other provision of law, in 
the case that a physician conducting a medical examination described in 
subsection (a) identifies a condition that may impact the ability of 
the judge or justice to carry out the duties of judge or justice's 
position, the physician shall submit such finding to the appropriate 
chief judge or justice. In the case that the condition described in the 
previous sentence relates to a chief judge, the physician shall submit 
the finding to the chief judge of the court with appellate jurisdiction 
over the court on which the judge sits.''.
    (b) Clerical Amendment.--The table of sections for chapter 21 of 
title 28, United States Code, is amended by adding after the item 
related to section 463 the following:

``464. Medical examinations for justices and judges.''.

                      TITLE III--COURT OPERATIONS

SEC. 301. VIDEO RECORDING OF COURT PROCEEDINGS.

    (a) Courts of Appeals.--
            (1) In general.--Chapter 3 of title 28, United States Code, 
        as amended by this Act, is amended further by adding at the end 
        the following:
``Sec. 51. Internet streaming
    ``(a) In General.--Not later than the date described in subsection 
(b), the proceedings of each hearing of a court of appeals shall be 
made available for viewing on the internet through streaming video--
            ``(1) to the extent practicable, in real time during such 
        hearing; and
            ``(2) for not less than 2 years after the conclusion of 
        such hearing.
    ``(b) Date Described.--The date described in the subsection is--
            ``(1) in the case of a court of appeals sitting en banc, 
        one year after the date of the enactment of this section; and
            ``(2) in the case of a panel of a court of appeals (other 
        than as described in paragraph (1)), 2 years after the date of 
        the enactment of this section.
    ``(c) Exception.--The requirement under subsection (a) shall not 
apply in the case that the courtroom is closed to the public.
    ``(d) Partnership Permitted.--The chief judge of a circuit may 
enter into a partnership with a television provider in order to comply 
with the requirement under subsection (a).
    ``(e) Copyright Protection Not Available.--Video created pursuant 
to the requirement under this section shall be considered a work of the 
United States Government for purposes of section 105 of title 17.''.
            (2) Clerical amendment.--The table of sections for chapter 
        3 of title 28, United States Code, as amended by this Act is 
        further amended by inserting after the item related to section 
        50 the following:

``51. Internet streaming.''.
    (b) Supreme Court.--
            (1) In general.--Chapter 1 of title 28, United States Code, 
        as amended by this Act, is further amended by adding at the end 
        the following:
``Sec. 8. Internet streaming
    ``(a) In General.--Each oral argument before the Supreme Court 
shall be made available for listening on the internet through streaming 
audio--
            ``(1)(A) on the day of such oral argument, not later than 
        one year after the date of the enactment of this section; and
            ``(B) in real time during such oral argument, not later 
        than 2 years after the date of the enactment of this section; 
        and
            ``(2) for not less than 2 years after the conclusion of 
        such oral argument.
    ``(b) Exception.--The requirement under subsection (a) shall not 
apply in the case that the courtroom is closed to the public.
    ``(c) Copyright Protection Not Available.--Video created pursuant 
to the requirement under this section shall be considered a work of the 
United States Government for purposes of section 105 of title 17.''.
            (2) Clerical amendment.--The table of sections for chapter 
        1 of title 28, United States Code, as amended by this Act, is 
        further amended by inserting after the item related to section 
        7 the following:

``8. Internet streaming.''.

SEC. 302. ADVISORY COMMITTEE FOR ACCESS TO COURT BROADCASTS AND CASE 
              INFORMATION.

    (a) Establishment.--There is established an Advisory Committee for 
Access to Court Broadcasts and Case Information (referred to in this 
section as the ``Committee''), which shall advise the Federal courts on 
the ways to improve public access to court broadcasts and court 
information.
    (b) Membership.--Members of the Committee shall be appointed by the 
Executive Director of the Administrative Office of the Courts. In 
appointing such members, the Executive Director shall ensure that a 
wide range of interested parties are represented, including non-profit 
groups and individuals who focus on access to public information, news 
organizations, legal researchers, and commercial entities who 
commercialize court documents.

SEC. 303. PACER.

    (a) Requirements for Written Opinions.--Each written opinion issued 
by a Federal court shall be--
            (1) stored on the Public Access to Court Electronic Records 
        system in a format that is machine-readable and searchable by 
        date;
            (2) citable using a vendor-neutral and medium-neutral 
        citations system; and
            (3) made available to the Government Publishing Office.
    (b) Electronic Public Access to Exhibits in Federal Cases.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and except as provided in paragraph (2), 
        the Judicial Conference of the United States shall establish a 
        pilot program to ensure that exhibits in Federal cases before 5 
        Federal courts selected by the Judicial Conference and any 
        additional Federal district court that elects to participate 
        are accessible through such online portal as the Judicial 
        Conference may designate for the pilot program established 
        under this subsection.
            (2) Exemption from electronic public access.--This 
        subsection shall not apply to the following exhibits:
                    (A) Exhibits that cannot be digitized.
                    (B) Exhibits concerning matters that are exempt 
                from disclosure under section 552(b) of title 5, United 
                States Code.
                    (C) Exhibits exempt from disclosure under Rule 
                25(a)(5) of the Federal Rules of Appellate Procedure.
                    (D) Exhibits exempt from disclosure under Rule 5.2 
                of the Federal Rules of Civil Procedure.
                    (E) Exhibits exempt from disclosure under Rule 49.1 
                of the Federal Rules of Criminal Procedure.
                    (F) Exhibits exempt from disclosure under Rule 9037 
                of the Federal Rules of Bankruptcy Procedure.
                    (G) Exhibits that have been sealed by the presiding 
                judge.
                    (H) Exhibits that a presiding judge determines the 
                public disclosure of which would likely interfere with 
                a fair trial or otherwise the due administration of 
                justice.
                    (I) Exhibits that are otherwise exempt from public 
                disclosure under any other provision of Federal or 
                State law.
            (3) Applicability of exemption.--
                    (A) In general.--The determination of the 
                applicability of paragraph (2) to an exhibit shall be 
                made by the presiding judge. With respect to the 
                applicability of the exemption described in 
                subparagraph (B), (C), (D), (E), or (F) of paragraph 
                (2), the presiding judge must determine that it is 
                reasonably foreseeable that the disclosure of the 
                exhibit would harm an interest protected by the 
                relevant provision.
                    (B) Redacted exhibits.--With respect to an exhibit 
                exempted from disclosure under paragraph (2)(B), any 
                reasonably segregable portion of the exhibit shall be 
                made available on the online portal established under 
                paragraph (1), in accordance with the procedures 
                described at the end of section 552(b) of title 5, 
                United States Code.
                    (C) Descriptive notation.--With respect to an 
                exhibit exempted from disclosure under subparagraph 
                (A), (B), (C), (D), (E), (F), or (I) of paragraph (2), 
                a descriptive notation of the exhibit shall be made 
                available, consistent with any requirement under law 
                regarding limitation on disclosure, on the online 
                portal established under paragraph (1).
            (4) Rulemaking.--The Judicial Conference of the United 
        States may promulgate such regulations as may be necessary to 
        implement this subsection.
            (5) Definitions.--For purposes of this subsection:
                    (A) Digitized.--The term ``digitized'' means 
                converted into a digital form that can be processed by 
                a computer.
                    (B) Exhibit.--The term ``exhibit'' means a 
                document, record, or other tangible object introduced 
                as evidence during a trial, and that, in accordance 
                with the Federal Rules of Evidence, is identified or 
                authenticated, and admitted into the record, and does 
                not include any portion of such document, record, or 
                tangible object that was not so admitted.
                    (C) Presiding judge.--The term ``presiding judge'' 
                means the magistrate or judge presiding over the court 
                proceeding concerned. In proceedings in which more than 
                1 judge participates, the presiding judge shall be the 
                senior active judge so participating or, in the case of 
                a circuit court of appeals, the senior active circuit 
                judge so participating, except that in en banc sittings 
                of any United States circuit court of appeals, the 
                presiding judge shall be the chief judge of the circuit 
                whenever the chief judge participates.
            (6) Termination; report.--
                    (A) Termination.--This subsection and the pilot 
                program established under this subsection shall 
                terminate on the date that is 4 years after the date of 
                enactment of this Act.
                    (B) Report.--Not later than one year after the 
                termination of the pilot program established under this 
                subsection, the Federal Judicial Center shall submit to 
                the Judicial Conference of the United States, Congress, 
                and any other appropriate Federal agency or office, a 
                report that contains the results of the pilot program, 
                along with any recommendations for improving public 
                electronic access to Federal court exhibits.
                                 <all>