[Congressional Record Volume 170, Number 126 (Thursday, August 1, 2024)]
[Senate]
[Pages S5750-S5753]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUDICIAL UNDERSTAFFING DELAYS GETTING EMERGENCIES SOLVED ACT OF 2024
Mr. SCHUMER. Madam President, as if in legislative session, I ask
unanimous consent that the Senate proceed to the immediate
consideration of Calendar No. 430, S. 4199.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 4199) to authorize additional district judges
for the district courts and convert temporary judgeships.
There being no objection, the Senate proceeded to consider the bill,
which was reported from the Committee on the Judiciary with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Understaffing
Delays Getting Emergencies Solved Act of 2024'' or the
``JUDGES Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Article III of the Constitution of the United States
gives Congress the power to establish judgeships in the
district courts of the United States.
(2) Congress has not created a new district court judgeship
since 2003 and has not enacted comprehensive judgeship
legislation since 1990.
(3) This represents the longest period of time since
district courts of the United States were established in 1789
that Congress has not authorized any new permanent district
court judgeships.
(4) By the end of fiscal year 2022, filings in the district
courts of the United States had increased by 30 percent since
the last comprehensive judgeship legislation.
(5) As of March 31, 2023, there were 686,797 pending cases
in the district courts of the United States, with an average
of 491 weighted case filings per judgeship over a 12-month
period.
(6) To deal with increased filings in the district courts
of the United States, the Judicial Conference of the United
States requested the creation of 66 new district court
judgeships in its 2023 report.
SEC. 3. ADDITIONAL DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) Additional Judgeships.--
(1) 2025.--
(A) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(i) 1 additional district judge for the central district of
California;
(ii) 1 additional district judge for the eastern district
of California;
(iii) 1 additional district judge for the northern district
of California;
(iv) 1 additional district judge for the district of
Delaware;
(v) 1 additional district judge for the middle district of
Florida;
(vi) 1 additional district judge for the southern district
of Indiana;
(vii) 1 additional district judge for the northern district
of Iowa;
(viii) 1 additional district judge for the district of New
Jersey;
(ix) 1 additional district judge for the southern district
of New York;
(x) 1 additional district judge for the eastern district of
Texas; and
(xi) 1 additional district judge for the southern district
of Texas.
(B) Tables.--The table contained in section 133(a) of title
28, United States Code, is amended--
(i) by striking the items relating to California and
inserting the following:
``California:
Northern.................................... 15
Eastern..................................... 7
Central..................................... 28
Southern.................................... 13'';
(ii) by striking the item relating to Delaware and
inserting the following:
``Delaware.................................. 5'';
(iii) by striking the items relating to Florida and
inserting the following:
``Florida:
Northern.................................... 4
Middle...................................... 16
Southern.................................... 17'';
(iv) by striking the items relating to Indiana and
inserting the following:
``Indiana:
Northern.................................... 5
Southern.................................... 6'';
(v) by striking the items relating to Iowa and inserting
the following:
``Iowa:
Northern.................................... 3
Southern.................................... 3'';
(vi) by striking the item relating to New Jersey and
inserting the following:
``New Jersey................................ 18'';
(vii) by striking the items relating to New York and
inserting the following:
``New York:
Northern.................................... 5
Southern.................................... 29
Eastern..................................... 15
Western..................................... 4'';
(viii) by striking the items relating to Texas and
inserting the following:
``Texas:
Northern.................................... 12
Southern.................................... 20
Eastern..................................... 8
Western..................................... 13''.
(C) Effective date.--This paragraph shall take effect on
January 21, 2025.
(2) 2027.--
(A) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(i) 1 additional district judge for the district of
Arizona;
(ii) 2 additional district judges for the central district
of California;
(iii) 1 additional district judge for the eastern district
of California;
(iv) 1 additional district judge for the northern district
of California;
(v) 1 additional district judge for the middle district of
Florida;
(vi) 1 additional district judge for the southern district
of Florida;
(vii) 1 additional district judge for the northern district
of Georgia;
(viii) 1 additional district judge for the district of
Idaho;
[[Page S5751]]
(ix) 1 additional district judge for the northern district
of Texas; and
(x) 1 additional district judge for the southern district
of Texas.
(B) Tables.--The table contained in section 133(a) of title
28, United States Code, as amended by paragraph (1) of this
subsection, is amended--
(i) by striking the item relating to Arizona and inserting
the following:
``Arizona................................... 13'';
(ii) by striking the items relating to California and
inserting the following:
``California:
Northern.................................... 16
Eastern..................................... 8
Central..................................... 30
Southern.................................... 13'';
(iii) by striking the items relating to Florida and
inserting the following:
``Florida:
Northern.................................... 4
Middle...................................... 17
Southern.................................... 18'';
(iv) by striking the items relating to Georgia and
inserting the following:
``Georgia:
Northern.................................... 12
Middle...................................... 4
Southern.................................... 3'';
renee (v) by striking the item relating to Idaho and
inserting the following:
``Idaho................................... 3''; and
(vi) by striking the items relating to Texas and inserting
the following:
``Texas:
Northern.................................... 13
Southern.................................... 21
Eastern..................................... 8
Western..................................... 13''.
(C) Effective date.--This paragraph shall take effect on
January 21, 2027.
(3) 2029.--
(A) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(i) 1 additional district judge for the central district of
California;
(ii) 1 additional district judge for the eastern district
of California;
(iii) 1 additional district judge for the northern district
of California;
(iv) 1 additional district judge for the district of
Colorado;
(v) 1 additional district judge for the district of
Delaware;
(vi) 1 additional district judge for the district of
Nebraska;
(vii) 1 additional district judge for the eastern district
of New York;
(viii) 1 additional district judge for the eastern district
of Texas;
(ix) 1 additional district judge for the southern district
of Texas; and
(x) 1 additional district judge for the western district of
Texas.
(B) Tables.--The table contained in section 133(a) of title
28, United States Code, as amended by paragraph (2) of this
subsection, is amended--
(i) by striking the items relating to California and
inserting the following:
``California:
Northern.................................... 17
Eastern..................................... 9
Central..................................... 31
Southern.................................... 13'';
(ii) by striking the item relating to Colorado and
inserting the following:
``Colorado.................................. 8'';
(iii) by striking the item relating to Delaware and
inserting the following:
``Delaware.................................. 6'';
(iv) by striking the item relating to Nebraska and
inserting the following:
``Nebraska.................................. 4'';
(v) by striking the items relating to New York and
inserting the following:
``New York:
Northern.................................. 5
Southern.................................. 29
Eastern................................... 16
Western................................... 4''; and
(vi) by striking the items relating to Texas and inserting
the following:
``Texas:
Northern.................................... 13
Southern.................................... 22
Eastern..................................... 9
Western..................................... 14''.
(C) Effective date.--This paragraph shall take effect on
January 21, 2029.
(4) 2031.--
(A) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(i) 1 additional district judge for the district of
Arizona;
(ii) 1 additional district judge for the central district
of California;
(iii) 1 additional district judge for the eastern district
of California;
(iv) 1 additional district judge for the northern district
of California;
(v) 1 additional district judge for the southern district
of California;
(vi) 1 additional district judge for the middle district of
Florida;
(vii) 1 additional district judge for the southern district
of Florida;
(viii) 1 additional district judge for the district of New
Jersey;
(ix) 1 additional district judge for the western district
of New York; and
(x) 2 additional district judges for the western district
of Texas.
(B) Tables.--The table contained in section 133(a) of title
28, United States Code, as amended by paragraph (3) of this
subsection, is amended--
(i) by striking the item relating to Arizona and inserting
the following:
``Arizona................................... 14'';
(ii) by striking the items relating to California and
inserting the following:
``California:
Northern.................................... 18
Eastern..................................... 10
Central..................................... 32
Southern.................................... 14'';
(iii) by striking the items relating to Florida and
inserting the following:
``Florida:
Northern.................................... 4
Middle...................................... 18
Southern.................................... 19'';
(iv) by striking the item relating to New Jersey and
inserting the following:
``New Jersey................................ 19'';
(v) by striking the items relating to New York and
inserting the following:
``New York:
Northern.................................... 5
Southern.................................... 29
Eastern..................................... 16
Western..................................... 5'';
(vi) by striking the items relating to Texas and inserting
the following:
``Texas:
Northern.................................... 13
Southern.................................... 22
Eastern..................................... 9
Western..................................... 16''.
(C) Effective date.--This paragraph shall take effect on
January 21, 2031.
(5) 2033.--
(A) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(i) 2 additional district judges for the central district
of California;
(ii) 1 additional district judge for the northern district
of California;
(iii) 1 additional district judge for the district of
Colorado;
(iv) 1 additional district judge for the middle district of
Florida;
(v) 1 additional district judge for the northern district
of Florida;
(vi) 1 additional district judge for the northern district
of Georgia;
(vii) 1 additional district judge for the southern district
of New York;
(viii) 1 additional district judge for the southern
district of Texas; and
(ix) 1 additional district judge for the western district
of Texas.
(B) Tables.--The table contained in section 133(a) of title
28, United States Code, as amended by paragraph (4) of this
subsection, is amended--
(i) by striking the items relating to California and
inserting the following:
``California:
Northern.................................... 19
Eastern..................................... 10
Central..................................... 34
Southern.................................... 14'';
(ii) by striking the item relating to Colorado and
inserting the following:
``Colorado.................................. 9'';
(iii) by striking the items relating to Florida and
inserting the following:
``Florida:
Northern.................................... 5
Middle...................................... 19
Southern.................................... 19'';
(iv) by striking the items relating to Georgia and
inserting the following:
``Georgia:
Northern.................................... 13
Middle...................................... 4
Southern.................................... 3'';
(v) by striking the items relating to New York and
inserting the following:
``New York:
Northern................................... 5
Southern................................... 30
Eastern.................................... 16
Western.................................... 5''; and
(vi) by striking the items relating to Texas and inserting
the following:
``Texas:
Northern.................................... 13
Southern.................................... 23
Eastern..................................... 9
Western..................................... 17''.
(C) Effective date.--This paragraph shall take effect on
January 21, 2033.
(6) 2035.--
(A) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(i) 2 additional district judges for the central district
of California;
(ii) 1 additional district judge for the northern district
of California;
(iii) 1 additional district judge for the southern district
of California;
[[Page S5752]]
(iv) 1 additional district judge for the middle district of
Florida;
(v) 1 additional district judge for the southern district
of Florida;
(vi) 1 additional district judge for the district of New
Jersey;
(vii) 1 additional district judge for the eastern district
of New York;
(viii) 2 additional district judges for the western
district of Texas.
(B) Tables.--The table contained in section 133(a) of title
28, United States Code, as amended by paragraph (5) of this
subsection, is amended--
(i) by striking the items relating to California and
inserting the following:
``California:
Northern.................................... 20
Eastern..................................... 10
Central..................................... 36
Southern.................................... 15'';
(ii) by striking the items relating to Florida and
inserting the following:
``Florida:
Northern.................................... 5
Middle...................................... 20
Southern.................................... 20'';
(iii) by striking the item relating to New Jersey and
inserting the following:
``New Jersey................................ 20'';
(iv) by striking the items relating to New York and
inserting the following:
``New York:
Northern................................... 5
Southern................................... 30
Eastern.................................... 17
Western.................................... 5''; and
(v) by striking the items relating to Texas and inserting
the following:
``Texas:
Northern.................................... 13
Southern.................................... 23
Eastern..................................... 9
Western..................................... 19''.
(C) Effective date.--This paragraph shall take effect on
January 21, 2035.
(b) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 2 additional district judges for the eastern district
of Oklahoma; and
(B) 1 additional district judge for the northern district
of Oklahoma.
(2) Vacancies not filled.--The first vacancy in the office
of district judge in each of the offices of district judge
authorized by this subsection, occurring 5 years or more
after the confirmation date of the judge named to fill the
temporary district judgeship created in the applicable
district by this subsection, shall not be filled.
(3) Effective date.--This subsection shall take effect on
January 21, 2025.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section and the amendments made by this
section--
(A) for each of fiscal years 2025 and 2026, $12,965,330;
(B) for each of fiscal years 2027 and 2028, $23,152,375;
(C) for each of fiscal years 2029 and 2030, $32,413,325;
(D) for each of fiscal years 2031 and 2032, $42,600,370;
(E) for each of fiscal years 2033 and 2034, $51,861,320;
and
(F) for fiscal year 2035 and each fiscal year thereafter,
$61,122,270.
(2) Inflation adjustment.--For each fiscal year described
in paragraph (1), the amount authorized to be appropriated
for such fiscal year shall be increased by the percentage by
which--
(A) the Consumer Price Index for the previous fiscal year,
exceeds
(B) the Consumer Price Index for the fiscal year preceding
the fiscal year described in subparagraph (A).
(3) Definition.--In this subsection, the term ``Consumer
Price Index'' means the Consumer Price Index for All Urban
Consumers (all items, United States city average), published
by the Bureau of Labor Statistics of the Department of Labor.
SEC. 4. ORGANIZATION OF UTAH DISTRICT COURTS.
Section 125(2) of title 28, United States Code, is amended
by striking ``and St. George'' and inserting ``St. George,
Moab, and Monticello''.
SEC. 5. ORGANIZATION OF TEXAS DISTRICT COURTS.
Section 124(b)(2) of title 28, United States Code, is
amended, in the matter preceding paragraph (3), by inserting
``and College Station'' before the period at the end.
SEC. 6. ORGANIZATION OF CALIFORNIA DISTRICT COURTS.
Section 84(d) of title 28, United States Code, is amended
by inserting ``and El Centro'' after ``at San Diego''.
SEC. 7. GAO REPORTS.
(a) Judicial Caseloads.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives and make publicly available reports--
(1) evaluating--
(A) the accuracy and objectiveness of case-related workload
measures and methodologies used by the Administrative Office
of the United States Courts for district courts of the United
States and courts of appeals of the United States;
(B) the impact of non-case-related activities of judges of
the district courts of the United States and courts of
appeals of the United States on judicial caseloads; and
(C) the effectiveness and efficiency of the policies of the
Administrative Office of the United States Courts regarding
senior judges; and
(2) providing any recommendations of the Comptroller
General with respect to the matters described in paragraph
(1).
(b) Detention Space.--The Comptroller General of the United
States shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report on an assessment of--
(1) a determination of the needs of Federal agencies for
detention space;
(2) efforts by Federal agencies to acquire detention space;
and
(3) any challenges in determining and acquiring detention
space.
SEC. 8. PUBLIC ACCESSIBILITY OF THE ARTICLE III JUDGESHIP
RECOMMENDATIONS OF THE JUDICIAL CONFERENCE OF
THE UNITED STATES REPORT.
(a) In General.--The Administrative Office of the United
States Courts, in consultation with the Judicial Conference
of the United States, shall make publicly available on their
website, free of charge, the biennial report entitled
``Article III Judgeship Recommendations of the Judicial
Conference of the United States''.
(b) Contents.--The report described in subsection (a)
should be released not less frequently than biennially and
contain the summaries and all related appendixes supporting
the judgeship recommendations of the Judicial Conference of
the United States, including--
(1) the process used by the Judicial Conference in
developing the recommendations;
(2) any caseload and methodology changes;
(3) judgeship surveys with recommendations; and
(4) specific information about each court for which the
Judicial Conference recommends additional judgeships.
(c) Submission to Congress.--The Administrative Office of
the United States Courts shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives copies of the report described
in subsection (a).
Mr. SCHUMER. I ask unanimous consent that the committee-reported
substitute amendment be considered and agreed to; that the bill, as
amended, be considered read a third time and passed; and that the
motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment, in the nature of a substitute, was
agreed to.
The bill (S. 4199), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
Mr. SCHUMER. Well, Madam President, something very good just
happened. I am very happy the Senate ends this busy week on another
productive note. The Senate just unanimously passed the JUDGES Act.
The goal of the JUDGES Act is in the name. It creates 66 new Federal
district court judges in order to relieve our overburdened judiciary.
And I want to thank Senator Coons on the Democratic side and Senator
Young on the Republican side for their good work in pushing this bill
forward.
Today, our Federal courts simply can't keep up with the immense
workload like they used to in the past. As our country has kept growing
and growing, our Federal courts, sadly, have not kept pace.
The last time we systematically increased Federal judges in America
was 1991. We have roughly 80 million more Americans living today than
there were back then, so clearly our Federal judiciary desperately
needs more capacity. This bill provides it.
Specifically, the JUDGES Act adds 66 new judges over the next six
Congresses, starting in 2025, adding 11 at a time.
This bill was unanimously reported out of the Judiciary Committee 20
to 0. There is broad consensus we need more judges on the Federal
bench. It is not a Democratic or Republican issue. It also reflects the
recommendation of the Judicial Conference for increasing the number of
judges.
This is a very responsible, bipartisan, and prudent bill. As I said,
our population has increased, and the litigiousness, if you will, of
our society has increased, so there is a desperate need for new judges.
I hope the House passes the JUDGES Act very soon, because it is
bipartisan; it is prudent; it is responsible. Equal justice under law
can't always be counted on if their Federal bench is stretched beyond
capacity.
Equal justice can't be counted on if you have to wait years and years
to
[[Page S5753]]
hear a case, to get a verdict, and so many other parts of the judicial
process.
So I call upon our colleagues in the House to move this bill through
their Chamber, because the result will be a better functioning
judiciary. Right now, people have to wait far too long to hear their
cases in court. This should reduce that wait.
Thank you to Senator Coons and Senator Young again for their
excellent work in getting this bipartisan bill done.
____________________