[Congressional Record Volume 158, Number 79 (Wednesday, May 30, 2012)]
[House]
[Pages H3191-H3192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1620
                   DIVISIONAL REALIGNMENT ACT OF 2012

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5512) to amend title 28, United States Code, to realign divisions 
within two judicial districts, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5512

       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 ``Divisional Realignment Act 
     of 2012''.

     SEC. 2. REALIGNMENT WITHIN THE EASTERN DISTRICT OF MISSOURI.

       Section 105(a) of title 28, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``Iron,'' and ``Saint 
     Genevieve,''; and
       (2) in paragraph (3)--
       (A) by inserting ``Iron,'' after ``Dunklin,''; and
       (B) by inserting ``Saint Genevieve,'' after ``Ripley,''.

     SEC. 3. REALIGNMENT WITHIN THE NORTHERN DISTRICT OF 
                   MISSISSIPPI.

       Section 104 of title 28, United States Code, is amended by 
     striking subsection (a) and inserting the following:
       ``(a) The northern district comprises three divisions.
       ``(1) The Aberdeen Division comprises the counties of 
     Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, 
     Monroe, Oktibbeha, Prentiss, Tishomingo, Webster, and 
     Winston.
       ``Court for the Aberdeen Division shall be held at 
     Aberdeen, Ackerman, and Corinth.
       ``(2) The Oxford Division comprises the counties of Benton, 
     Calhoun, DeSoto, Lafayette, Marshall, Panola, Pontotoc, 
     Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and 
     Yalobusha.
       ``Court for the Oxford Division shall be held at Oxford.
       ``(3) The Greenville Division comprises the counties of 
     Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys, 
     Leflore, Montgomery, Sunflower, and Washington.
       ``Court for the Greenville Division shall be held at 
     Clarksdale, Cleveland, and Greenville.''.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by this Act take effect on the 60th day 
     after the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Coble) and the gentleman from Georgia (Mr. Johnson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.


                             General Leave

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous materials on H.R. 5512, as amended, currently 
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.
  I support H.R. 5512, the Divisional Realignment Act of 2012, 
sponsored by Representative Bennie Thompson.
  On March 13, 2012, the Judicial Conference of the United States 
adopted a draft bill that realigns divisions within the Eastern 
District of Missouri and the Northern District of Mississippi. The 
Divisional Realignment Act of 2012 reflects the draft developed by the 
Judicial Conference which the Judiciary Committee marked up on May 16. 
The realignments equalize workloads among divisions, maximize the use 
of court facilities, and shorten commutes for jurors and attorneys.
  The bill is supported by the judges and attorneys from the two 
judicial districts and affected Members from Missouri and Mississippi.
  The Congressional Budget Office states that H.R. 5512 will have 
``only minimal administrative costs and thus no significant impact on 
the Federal budget.''
  The only changes to the bill subsequent to our markup is the 
effective date. The local judges and the Judicial Conference asked 
Representative Bennie Thompson, the bill's sponsor, and the other 
members of the committee to include a 60-day delayed effective date. 
This provides the local judges in Mississippi and Missouri with more 
time to adjust their jury wheels to account for the new realignments. 
This is a good, commonsense change that helps with the administration 
of justice in the Northern District of Mississippi and the Eastern 
District of Missouri.
  I hope, Mr. Speaker, that the Divisional Realignment Act of 2012 will 
be adopted by my colleagues, and I reserve the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself such time as I 
may consume, and I rise in support of H.R. 5512, the Divisional 
Realignment Act of 2012, as amended.
  This noncontroversial measure, which the Judiciary Committee ordered 
reported by voice vote, simply reorganizes divisions within the two 
Federal judicial districts, namely the Eastern District of Missouri and 
the Northern District of Mississippi. I hope I pronounced ``Missourah'' 
correctly. Some say ``Missourah,'' some say ``Missouri.'' I'll stick 
with ``Missourah'' right now--I'm feeling kind of down home.
  This divisional realignment is being done at the request of these two 
districts to improve judicial administration and access to court for 
jurors and litigants. These proposals were formally adopted by the 
Judicial Conference of the United States on March 13, 2012, and 
transmitted to the House Judiciary Committee.
  According to the Judicial Conference, these changes are supported by 
the judicial councils of the circuits in which these districts are 
located, as well as the United States Attorneys for the affected 
districts.
  Under H.R. 5512, two counties in the Eastern District of Missouri 
will be shifted from its Eastern Division to its Southeastern Division. 
The bill also eliminates one of the four divisions within the Northern 
District of Mississippi and reallocates the counties within the 
eliminated division among the remaining three divisions.
  The Members whose districts would be affected by these divisional 
changes--that being Representatives Bennie Thompson, Gregg Harper, Alan 
Nunnelee, Jo Ann Emerson, and Russ Carnahan--have all sponsored or 
cosponsored this bill. In deference to these Members' familiarity with 
local conditions, therefore, we do not oppose these changes.
  We have made one revision to H.R. 5512 at the request of the Judicial 
Conference. To give the judges in the two affected districts some 
additional time to implement the bill's new divisional realignments, 
the version of the bill that we are considering today includes a 60-day 
delayed effective date.
  I thank Chairman Lamar Smith and Subcommittee Chairman Howard Coble 
for their assistance in moving this bipartisan legislation that should 
improve the administration of justice in these judicial districts.
  I reserve the balance of my time.
  Mr. COBLE. I thank the gentleman from Georgia for his generous 
remarks.

[[Page H3192]]

  Mr. Speaker, I am prepared to close, and I reserve the balance of my 
time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield as much time as he may 
consume to the gentleman from Mississippi (Mr. Thompson), the sponsor 
of this bill.
  Mr. THOMPSON of Mississippi. Mr. Speaker, today I rise in support of 
my bill, H.R. 5512, the Divisional Realignment Act of 2012, which will 
improve court management for the United States District Courts in the 
Northern District of Mississippi and the Eastern District of Missouri.
  I introduced this bill to help realign counties in those Federal 
judicial districts, which includes a change that affects counties 
within my own congressional district. I am pleased to have my 
colleagues in the Mississippi delegation who represent impacted 
counties join me as original cosponsors, Congressman Harper and 
Nunnelee. In Missouri, Representatives Emerson and Carnahan, whose 
congressional districts overlay the counties affected by the change 
there, also joined as original cosponsors.
  H.R. 5512 will primarily eliminate the Delta Division--one of four 
existing statutory divisions--in the Northern District of Mississippi. 
To accomplish this, the eight counties in the Delta Division will be 
absorbed into the other divisions, while some counties from the other 
divisions will be realigned.
  The proposed also renames the Eastern Division as the Aberdeen 
Division and the Western Division as the Oxford Division. The two 
places authorized to hold court now for the Delta Division would 
continue to exist under the realignment within the Greenville division.
  The Delta Division, unlike the other three divisions, is not serviced 
by a Federal courthouse. This fact has created unnecessary issues 
regarding venue and jury selection. The realignment will ensure that 
all counties in the district are statutorily linked to divisions with 
courthouses. It will also be more economical for jury travel and will 
more fairly balance the caseload in the Northern District.
  This realignment is supported by the judges of the Northern District 
of Mississippi, the Fifth Circuit Judicial Council, and the Judicial 
Conference of the United States. In addition, the proposal is backed by 
the United States Attorney for the Northern District of Mississippi.
  Regarding the Eastern District of Missouri, H.R. 5512 simply shifts 
two counties from the Eastern Division to the Southeastern Division.

                              {time}  1630

  This adjustment will enhance convenient access to court services for 
the public and improve judicial administration of the case load.
  More specifically, the realignment will allow cases for those two 
counties to be held in Cape Girardeau, which has a new state-of-the-art 
Federal courthouse. This location is also closer for citizens in those 
counties than in the St. Louis location where the court is now held. As 
a result, the change will lessen the burden on jurors traveling, as 
well as lessen the cost of mileage expenses. In addition, a shift will 
better align the places of holding court with the total population 
served today.
  This realignment is supported by the judges of the Eastern District 
of Missouri, the Eighth Judicial Circuit Council, and the Judicial 
Conference of the United States. In addition, it is supported by the 
United States Attorney for the Eastern District of Missouri.
  Lastly, I note that the bill under consideration today has been 
amended by adding a section that establishes a 60-day delayed effective 
date. This will ensure that both courts have sufficient time to 
transition court operations through local orders and scheduling.
  Mr. Speaker, the House Judiciary Committee reported the Divisional 
Realignment Act favorably by a voice vote on May 16. I urge my 
colleagues to support this necessary, bipartisan and noncontroversial 
bill, which would help constituents and improve Federal court 
operations in my home State of Mississippi and in the State of 
Missouri.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield back the balance of my 
time.
  Mr. COBLE. I yield back the balance of my time.
  Mr. Speaker, I rise today to debate H.R. 5512, the ``Division 
Realignment Act of 2012.'' The Division Realignment Act of 2012 
proposes to amend title 28, United States Code, to adjust divisions 
within two judicial districts. The realignment will occur between 
Missouri and Mississippi boundaries within the U.S. District Court. In 
response to population shifts and other factors, this legislation will 
transfer counties divisions in an effort to ensure more resourceful 
productivity on the district court level.
  In particular, H.R. 5512 will separate the Northern District of 
Mississippi into three divisions consisting of, Aberdeen, Oxford and 
Greenville. Additionally, it seeks to amend Iron and Saint Genevieve 
Counties, in Missouri, from the eastern subdivision to the southeastern 
subdivision.
  This legislation will aid in the equitable distribution of cases and 
administration functions for a faster and more efficient processing 
within the courts.
  H.R. 5512 is necessary in maintaining the regulation of Federal 
statutory authority governing the Federal judicial system. The passage 
of this bill will assist in reducing case loads, promoting speedy 
trials, and ensuring that there is accurate jurisdiction within the 
federal districts among the states.
  It is essential that we continue to aim for judicial effectiveness 
and sufficiency while adjusting to the continued growth and shifts 
within our communities.
  Consistency is critical when the issue of judicial efficiency arises. 
It should be noted that while this legislation was acted upon swiftly, 
other important acts have failed to follow it its path. Proficiency 
within our courts is imperative therefore I encourage the Senate to act 
on President Obama's nominees so that American citizens can rely on an 
organized and effective judicial system.
  As noted by Senator Leahy, Chairman of the Senate Judiciary 
Committee, despite the political party of the President in office, 
nominations to fill the positions of federal district court judges have 
always been confirmed quickly with deference given to the home state 
Senators who best know the nominees and their states. Never before in 
the Senate's history have the district court nominees been blocked for 
months as we have seen since President Obama's election.
  Like many of my colleagues, it is my hope that both Republicans and 
Democrats in the Senate can end the damage of filibusters and quickly 
work toward the purpose of easing the burdens on our Federal courts 
that risk delaying justice.
  Federal district court judges play an essential role in ensuring that 
Federal courts are able to provide fair hearings for all Americans. 
Similar to H.R. 5512, this is the same judiciary efficiency that the 
American people deserve.
  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 bill, H.R. 5512, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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