[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.

                          ____________________