[Congressional Record Volume 143, Number 128 (Tuesday, September 23, 1997)]
[House]
[Pages H7622-H7623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1515
    PROVIDING AUTHORIZATION FOR ARBITRATION IN U.S. DISTRICT COURTS

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 996) to provide for the authorization of appropriations 
in each fiscal year for arbitration in United States district courts, 
as amended.
  The Clerk read as follows:

                                 S. 996

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

     SECTION 1. ARBITRATION IN DISTRICT COURTS.

       Section 905 of the Judicial Improvements and Access to 
     Justice Act (28 U.S.C. 651 note) is amended in the first 
     sentence by striking ``for each of the fiscal years 1994 
     through 1997'' and inserting ``for each fiscal year''.

     SEC. 2. ENHANCEMENT OF JUDICIAL INFORMATION DISSEMINATION.

       Section 103(b)(2) of the Civil Justice Reform Act of 1990 
     (Public Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 note) is 
     amended--
       (1) by inserting ``(A)'' after ``(2)'';
       (2) by striking ``sections 471 through 478'' and inserting 
     ``sections 472, 473, 474, 475, 477, and 478''; and
       (3) by adding at the end of the following new subparagraph:
       ``(B) The requirements set forth in section 476 of title 
     28, United States Code, as added by subsection (a), shall 
     remain in effect permanently.''.

     SEC. 3. EXTENSION OF CERTAIN TEMPORARY JUDGESHIPS.

       Section 203(c) of the Judicial Improvements Act of 1990 (28 
     U.S.C. 133 note) is amended--
       (1) by striking paragraph (1) and redesignating the 
     succeeding paragraphs accordingly; and
       (2) by striking the last 3 sentences and inserting the 
     following: ``Except with respect to the western district of 
     Michigan and the eastern district of Pennsylvania, the first 
     vacancy in the office of district judge in each of the 
     judicial districts named in this subsection, occurring 10 
     years or more after the confirmation date of the judge named 
     to fill the temporary judgeship created by this subsections, 
     shall not be filled. The first vacancy in the office of 
     district judge in the western district of Michigan, occurring 
     after December 1, 1995, shall not be filled. The first 
     vacancy in the office of district judge in the eastern 
     district of Pennsylvania, occurring 5 years or more after the 
     confirmation date of the judge named to the fill the 
     temporary judgeship created for such district under this 
     subsection, shall not be filled. For districts named in this 
     subsection for which multiple judgeships are created by this 
     Act, the last of those judgeships filled shall be the 
     judgeships created under this section.''.

     SEC. 4. TRANSFER OF FEDERAL COURT JUDGESHIP.

       The table contained in section 133(a) of title 28, United 
     States Code, is amended by amending the item relating to 
     Louisiana to read as follows:

``Louisiana:
  ``Eastern..........................................................12
  ``Middle............................................................3
  ``Western........................................................7''.

  The SPEAKER pro tempore [Mr. Pease]. Pursuant to the rule, the 
gentleman from North Carolina [Mr. Coble] and the gentlewoman from 
Texas [Ms. Jackson-Lee] each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina [Mr. Coble].


                             General Leave

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks on the 
Senate bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of S. 996, a bill introduced to reauthorize the 
existing Federal court arbitration programs established in Chapter 44 
of Title 28 of the U.S. Code.
  On June 23 of this year we passed by voice vote the House version of 
this bill, H.R. 1581. The bill reauthorizes 20 pilot arbitration 
programs which have been in existence in the U.S. district courts 
around the country for 20 years. These programs have been 
unquestionably successful over the years in resolving Federal 
litigation in a fair and expeditious manner and improving the 
efficiency of those Federal courts which participate in the program.
  Upon consideration of this bill by the Senate an amendment was 
adopted to reauthorize another very successful reform from the Civil 
Justice Reform Act, the requirement that a list of each Federal judge's 
6-month-old motions and 3-year-old cases be published and disseminated 
twice each year. According to one report, this reporting requirement 
has led to a 25-percent reduction in the number of cases pending more 
than 3 years in the Federal system.
  The version of S. 996 being considered today contains two additional 
provisions. The first is an amendment to reauthorize for 5 more years 
certain temporary judgeships which are due to expire this year. 
Statistics compiled from the Administrative Office of the U.S. Courts 
indicate that the case loads in these districts require the continued 
use of temporary judgeships to prevent case backlogs. The amendment 
contains provisions similar to those introduced by the gentleman from 
Illinois, [Mr. Hyde] chairman of the Committee on the Judiciary, and 
Senator Orrin Hatch, chairman of the Senate Judiciary Committee.
  The other provision would transfer a Federal judgeship from the 
Eastern District of Louisiana to the Middle District of Louisiana. The 
amendment seeks to alleviate the burdensome caseload facing the Middle 
District there,

[[Page H7623]]

which is four times the national average. The change is similar to the 
legislation Senator John Breaux has pending in the other body.
  The current authorization of the arbitration programs expires on 
September 30 of this year, and thus there is some urgency, Mr. Speaker, 
in reauthorizing these very successful programs prior to that date.
  I urge my colleagues to vote in favor of this bipartisan bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise as well in support of S. 996, the House version 
of which was reported out of the House Committee on the Judiciary on 
June 23 of this year. S. 996 includes an extension of certain 
arbitration programs in the Federal district courts that have been in 
place now for 20 years. It is well known that as the court systems have 
increased both the interests of the public and the number of litigation 
matters that have appeared before our Federal courts around the Nation, 
and arbitration has been a very effective and useful tool to bring 
parties to the opportunity of resolution and fairness and equity and 
justice, and as proponents of that on the floor of the House I think it 
is extremely important that we give this vehicle an opportunity to work 
further.
  This bill also creates a reauthorization of caseload reporting 
requirements from Federal courts, and might I say that as we secure 
these caseload requirements it was noted that part of the result is to 
assist judges in making sure they clean up cases that have been on the 
dockets for 3 years and motions for 6 months. I also hope, however, 
that the utilization of this data helps us to recognize the great 
burden that is placed on many of our district courts and will see us 
encouraging, one, the creation of new courts to help alleviate the 
burden because where we have burden and case logs, cases jammed, we 
also have a denial of justice. So this would hopefully help us to 
remedy the problems that we might have in overload in many of our 
Federal courts. This legislation also creates an extension of certain 
temporary judgeships and a transfer of a judgeship from one Louisiana 
district to another.
  I am aware at this time, Mr. Speaker, of no objections to this 
legislation before us. I certainly would like to commend the hard work 
of the gentleman from North Carolina [Mr. Coble] who worked very hard 
on this legislation. I am sure that many of our courts around the 
Nation, our Federal district courts, will appreciate some of the 
assistance that is given to them through this legislation, and I also 
thank the ranking member, the gentleman from Massachusetts [Mr. Frank], 
for his leadership, along with our staffs for concluding work on this 
important piece of legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COBLE. Mr. Speaker, I thank the gentlewoman from Texas for her 
generous comments.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina [Mr. Coble] that the House suspend the 
rules and pass the Senate bill, S. 996, as amended.
  The question was taken.
  Mr. CONDIT. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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