[Congressional Record Volume 167, Number 205 (Monday, November 29, 2021)]
[Senate]
[Pages S8782-S8783]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself and Ms. Collins):
  S. 3271. A bill to amend title 18, United States Code, to provide for 
transportation and subsistence for criminal justice defendants, and for 
other purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3271

       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 ``Criminal Judicial 
     Administration Act of 2021''.

     SEC. 2. TRANSPORTATION AND SUBSISTENCE FOR CRIMINAL JUSTICE 
                   ACT DEFENDANTS.

       Section 4285 of title 18, United States Code, is amended in 
     the first sentence--
       (1) by striking ``when the interests of justice would be 
     served thereby and the United States judge or magistrate 
     judge is satisfied, after appropriate inquiry, that the 
     defendant is financially unable to provide the necessary 
     transportation to appear before the required court on his 
     own'' and inserting ``when the United States judge or 
     magistrate judge is satisfied that the defendant is indigent 
     based on appointment of counsel pursuant to section 3006A, 
     or, after appropriate inquiry, that the defendant is 
     financially unable to provide necessary transportation on his 
     own'';
       (2) by striking ``to the place where his appearance is 
     required,'' and inserting ``(1) to the place where each 
     appearance is required and (2) to return to the place of the 
     person's arrest or bona fide residence,''; and
       (3) by striking ``to his destination,'' and inserting 
     ``which includes money for both lodging and food, during 
     travel to the person's destination and during any proceeding 
     at which the person's appearance is required''.

     SEC. 3. EFFECTIVE USE OF MAGISTRATE JUDGES TO DECIDE 
                   POSTJUDGMENT MOTIONS.

       Section 3401 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) in the second sentence, by striking ``and'' after 
     ``trial, judgment,'';
       (B) in the second sentence, by inserting ``, and rulings on 
     all post-judgment motions'' after ``sentencing'';
       (C) in the third sentence, by striking ``and'' after 
     ``trial, judgment,''; and
       (D) in the third sentence, by inserting ``, and rulings on 
     all post-judgment motions'' after ``sentencing'';
       (2) in subsection (c), by striking ``, with the approval of 
     a judge of the district court,''; and
       (3) by inserting after subsection (i) the following:
       ``(j) A magistrate judge who exercises trial jurisdiction 
     under this section, in either a petty offense case or a 
     misdemeanor case in which the defendant has consented to a 
     magistrate judge, may also rule on all post-judgment motions 
     in that case, including but not limited to petitions for 
     writs of habeas corpus, writs of coram nobis, motions to 
     vacate a sentence under section 2255 of title 28, and motions 
     related to mental competency under chapter 313 of this 
     title.''.
                                 ______
                                 
      By Mr. PADILLA (for himself and Mrs. Feinstein):
  S. 3273. A bill to take certain land in the State of California into 
trust for the benefit of the Agua Caliente Band of Cahuilla Indians, 
and for other purposes; to the Committee on Indian Affairs.
  Mr. PADILLA. Mr. President, I rise to introduce the Agua Caliente 
Land Exchange Fee to Trust Confirmation Act.
  This legislation would place certain lands into trust for the Tribe 
in order to finally allow the Agua Caliente Band of Mission Indians to 
manage these lands that are of special, cultural value to their people 
.
  Land that has traditionally been held by Agua Caliente has been 
divided into a checkerboard between the Tribe, Federal Government, and 
private landowners.
  In 1999, the Bureau of Land Management and Agua Caliente entered into 
an agreement to acquire and exchange lands within what would become the 
Santa Rosa and San Jacinto Mountains National Monument. In 2000, 
legislation was enacted to establish the monument and authorize the 
land exchange.
  For 17 years, Agua Caliente worked with the Bureau of Land Management 
to finalize an agreement to exchange the lands that are addressed by 
this legislation, and in March 2019, the land exchange was finalized. 
However, since the original legislation didn't expressly address the 
status of land transferred to the Tribe, the lands covered in this bill 
were not placed in trust. My legislation would correct that and provide 
the fix to finally place the exchanged land into trust and made part of 
Agua Caliente's reservation.
  This bill represents the final step to complete the original 1999 
agreement between Agua Caliente and the Bureau of Land Management.
  Importantly, enactment of this legislation would allow for improved 
land management and allow Agua Caliente to manage these lands that have 
a longstanding cultural and natural resource value to the Cahuilla 
people.
  The land is in a remote wilderness area within the Santa Rosa and San 
Jacinto Mountains National Monument, and the Tribe will manage the land 
as conservation lands similar to how it is managed by the Bureau of 
Land Management.
  I thank Congressman Ruiz for his partnership on this effort and for 
his commitment to honoring the Federal Government's trust 
responsibility. I also thank the bipartisan Members of the House who 
have supported this legislation and Senator Feinstein for coleading 
this effort with me in the Senate.
  I look forward to working with my colleagues to enact the Agua 
Caliente Land Exchange Fee to Trust Confirmation Act as quickly as 
possible.

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