[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[House]
[Pages 3499-3501]
[From the U.S. Government Publishing Office, www.gpo.gov]




               JAMES R. BROWNING UNITED STATES COURTHOUSE

  Mr. COOKSEY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2804) to designate the United States courthouse located at 
95 Seventh Street in San Francisco, California, as the ``James R. 
Browning United States Courthouse.''
  The Clerk read as follows:

                               H.R. 2804

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

     SECTION 1. DESIGNATION.

       The United States courthouse located at 95 Seventh Street 
     in San Francisco, California, shall be known and designated 
     as the ``James R. Browning United States Courthouse''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the United States 
     courthouse referred to in section 1 shall be deemed to be a 
     reference to the ``James R. Browning United States 
     Courthouse''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Cooksey) and the gentleman from New York (Mr. Nadler) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana (Mr. Cooksey).
  Mr. COOKSEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2804 designates the United States Courthouse 
located at 95 Seventh Street in San Francisco, California, as the James 
R. Browning United States Courthouse.
  Judge Browning was born in Great Falls, Montana, in 1918. He attended 
the public schools of Belt, Montana, before enrolling at Montana State 
University where he earned both his Bachelor's degree and his law 
degree. Judge Browning graduated at the top of his law school class in 
1941 while also serving as the editor-in-chief of the Law Review.
  After law school, Judge Browning worked for 2 years with the 
Department of Justice's Antitrust Division before enlisting in the Army 
in 1943. Judge Browning served with military intelligence in the Army, 
rising from private to first lieutenant and earning a Bronze Star in 
the process.
  After the war, Judge Browning again worked as an attorney with the 
Department of Justice, serving in various positions for 6 years before 
leaving government service for private practice. After 5 years in 
private practice, Judge Browning returned to government service as a 
clerk of the United States Supreme Court, a position he held until 
named to the Federal bench in 1961 by President Kennedy.
  Judge Browning served for nearly 40 years on the Ninth Circuit Court 
of Appeals. He participated in over 1,000 published appellate decisions 
and was the author of many per curiam opinions. For 12 years, Judge 
Browning also served as the Chief Judge of the Ninth Circuit. During 
his tenure, he oversaw the implementation of numerous reforms that 
increased the efficiency of the circuit's operation and which 
eliminated a large backlog of pending cases. Many of these reforms were 
later adopted by other circuit courts.
  This naming is a fitting tribute to a dedicated public servant. I 
support the legislation and I encourage my colleagues to do the same.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2804, introduced by the gentlewoman from California 
(Ms. Pelosi), is a bill to designate the United States Courthouse 
located at 95 Seventh Street in San Francisco in honor of Judge James 
R. Browning.
  Since President Kennedy appointed him to the Federal bench in 1961, 
Judge Browning has served the public for over 40 years. In 1976, Judge 
Browning became the Chief Judge for the Ninth Circuit, the largest 
court in the country, and he served in that capacity for 12 years. He 
is a prolific writer and worker, publishing over 1,000 appellate 
decisions and authoring many other per curiam opinions.
  He is richly deserving of having this courthouse named after him, and 
I want to thank the gentlewoman from California (Ms. Pelosi) and the 
other Members of the delegation from California for introducing this 
bill.
  Mr. Speaker, I include for the Record a letter in support of this 
legislation from William C. Canby, Jr., a United States Circuit Judge 
in Phoenix, Arizona.


                                              U.S. Courthouse,

                                   Phoenix, AZ, September 6, 2001.
     Re H.R. 2804: The James R. Browning United States Courthouse.

     Hon. James L. Oberstar,
     U.S. House of Representatives, Committee on Transportation 
         and Infrastructure, Rayburn House Office Building, 
         Washington, DC.
       Dear Representative Oberstar: This letter is in support of 
     H.R. 2804, a bill to designate the headquarters of our court, 
     the United States Courthouse at 95 Seventh Street in San 
     Francisco, as the ``James R. Browning United States 
     Courthouse.''
       Jim Browning has served our court magnificiently for the 
     last forty years. For twenty-one of those years, I have been 
     privileged to be one of his colleagues. Jim Browning was 
     Chief Judge for my first several years on this court, and he 
     exemplified, as he still does, exactly what a great judge 
     should be. He is judicious, impartial, tolerant and, perhaps 
     above all, so infused with good will toward his fellow men 
     and women that he imparts a considerable degree of that 
     quality to all who come in contact with him. Everyone across 
     the entire spectrum of our courts respects Jim Browning. Our 
     courthouse could not have a more fitting name!
       I understand that some celebrations of Jim Browning's 
     tenure will be coming up in the near future; it would be 
     wonderful if H.R. 2804 were law by that time, so that the 
     events could be combined with a dedication.
       We would all be most grateful if you would support the 
     prompt passage of H.R. 2804.
           Respectfully,
                                            William C. Canby, Jr.,
                                               U.S. Circuit Judge.

  Mr. Speaker, I reserve the balance of my time.
  Mr. COOKSEY. Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from California (Ms. Pelosi).
  Ms. PELOSI. Mr. Speaker, I thank my colleague, the gentleman from New 
York (Mr. Nadler), for yielding me this time and for his lovely 
statement on behalf of Judge Browning. I also want to commend my 
colleague, the gentleman from Louisiana (Mr. Cooksey), for his kind 
words as well.
  Mr. Speaker, I wish that every Member of this House could meet Judge

[[Page 3500]]

Browning. They would then know why we feel so privileged to be naming 
this courthouse for him and the joy we feel in paying tribute to his 
excellent service to our country.
  I rise in support of H.R. 2804, which designates, as has been 
mentioned, the U.S. Courthouse located at 95 Seventh Street in San 
Francisco as the James R. Browning United States Courthouse.
  Judge Browning has been an outstanding jurist and a brilliant 
administrator for the Ninth Circuit Court for the past 40 years. By 
crafting creative solutions to a large case backlog and a slow appeals 
process, Judge Browning has improved our judicial system both in the 
Ninth Circuit, and everywhere his reforms have been emulated. I urge my 
colleagues to honor him today for his lifetime of service.
  I would like to thank the chairman of the Committee on Transportation 
and Infrastructure, the gentleman from Alaska (Mr. Young), and the 
ranking member, the gentleman from Minnesota (Mr. Jim Oberstar), for 
their efforts to bring this bill before the House. It would not have 
been possible without them. I am also pleased to note this bill is 
strongly supported by a bipartisan group of Members from throughout the 
Ninth Circuit's area of jurisdiction. The bill's cosponsors and other 
supporters are still returning from the West Coast and are unable to 
join us, as they would like to, on the floor today.
  Again, Mr. Speaker, I want to thank the gentleman from Louisiana (Mr. 
Cooksey) and the gentleman from New York (Mr. Nadler) for their very 
appropriate and generous remarks. And I also want to commend Judge 
Browning's former law clerks, led by Michael Rubin, who championed the 
idea of naming this historic courthouse after this extraordinary judge.
  James Browning was born in Great Falls, Montana, and received his 
undergraduate and law degrees from the University of Montana. After 
graduation, he joined the Antitrust Division of the Department of 
Justice where he worked for 2 years before being inducted to the U.S. 
Army infantry as a private. Serving 3 years in the Pacific theatre in 
military intelligence, he attained the rank of first lieutenant and was 
awarded the Bronze Star.
  After his military service, Judge Browning returned to the Justice 
Department, serving in several positions in the Antitrust Division 
before becoming Executive Assistant to the Attorney General. In 1953, 
he left government service for a successful career in private practice, 
during which he lectured at the law schools of New York University and 
Georgetown University.
  His desire to be in public service was strong, however, and he left 
private practice after 5 years to become the Clerk of the U.S. Supreme 
Court. What a high honor. As has been mentioned, in 1961, President 
John F. Kennedy appointed James Browning as a Circuit Judge of the U.S. 
Court of Appeals for the Ninth Circuit, over 40 years ago.
  The Ninth Circuit includes all of the Federal courts in California, 
Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, 
Guam and the Northern Mariana Islands. His exemplary tenure as a 
circuit judge was marked by his extensive involvement in the Judicial 
Conference of the United States. He examined issues of judicial 
conduct, court administration, and the organization of the Ninth 
Circuit.
  I take this time, Mr. Speaker, because so many of our colleagues 
cannot be here and wanted to have so much of Judge Browning's record on 
the record.
  Judge Browning became Chief Judge of the Ninth Circuit in 1976. At 
that time, the appeals court in particular faced a large backlog of 
cases, and substantial delays in deciding appeals were common. Judge 
Browning immediately undertook innovative steps to improve the 
functioning of the Ninth Circuit. He convinced Congress to add new 
judges to the court of appeals. He instituted new methods of case 
processing in order to manage the increased case loads. He established 
a bankruptcy appellate panel to hear bankruptcy appeals for the entire 
court. He revamped communication among the justices.
  And his innovations worked. The restructuring he instituted paid rich 
dividends, including the elimination of the court's backlog and a 
reduction by half in the time needed to decide appeals. His reforms 
have been examined and repeated throughout the Nation.
  Mr. Speaker, on behalf of, as I say, so many of my colleagues who are 
traveling now from the West and cannot be here, I am pleased to request 
of our colleagues that they vote ``yes'' in support of naming this 
building. It has been said that ``Justice deferred is justice denied.'' 
I ask my colleagues today to honor a man whose innovations have helped 
ensure that ``Justice comes in time.''
  James R. Browning has been an exceptionally able and dedicated public 
servant. He is a wonderful person. I urge my colleagues to honor him 
today by voting for H.R. 2804, to designate the Federal Courthouse at 
7th and Mission Streets in San Francisco, by the way a building that 
was restored after the earthquake to a beautiful, beautiful state, and 
I invite all my colleagues to visit, hopefully, the James R. Browning 
United States Courthouse.
  Mr. OBERSTAR. Mr. Speaker, H.R. 2804 is a bill to designate the 
courthouse located at 95 Seventh Street in San Francisco, California, 
as the ``James R. Browning United States Courthouse''. I commend our 
colleague, Congresswoman Pelosi, for her diligence and hard work in 
bringing this bill through the Committee. I also thank Subcommittee 
Chairman LaTourette, Ranking Member Costello, and Committee Chairman 
Young for working with me to ensure that the bill received expeditious 
consideration.
  Judge Browning is a tireless and effective advocate for the Ninth 
Circuit, where he served as a U.S. District Court Judge for nearly 40 
years. In 1976, the year Judge Browning became the circuit's Chief 
Judge, there was no guarantee of a speedy disposition of litigation. 
Substantial delays were commonplace, and the volume of cases far 
exceeded the capacity of the courts. Judge Browning convinced Congress 
and advocacy groups that reducing the size of the Ninth Circuit was not 
the answer. He then undertook a series of administrative reforms to 
ensure the prompt, effective administration of justice, and other 
circuits subsequently adopted many of these ideas. This bill honors his 
dedication to public service and his innovative reshaping of the 
procedures in the largest and busiest circuit in the country.
  Judge Browning introduced new methods of case processing and control. 
He established an executive committee to facilitate administative 
decisions, and the Bankruptcy Appellate Panel to hear bankruptcy 
appeals. He reduced the size of the Judicial Council and thus made 
decision-making more effective. He also decentralized the procurement 
and budgeting systems, and was instrumental in establishing the Western 
Justice Center Foundation, a non-profit organization dedicated to 
improving the legal system by encouraging collaborative work and 
research.
  Judge Browning is a native of Montana, and a decorated veteran of 
World War II. Prior to joining the Federal Court in 1961, he worked at 
the U.S. Department of Justice and served as a law clerk at the Supreme 
Court. Judge Browning is known for his collegiality, courtesy, and 
support and mentoring of younger judges and court employees. He is a 
beloved member of the Ninth Circuit.
  It is fitting and proper to honor Judge Browning's distinguished 
career with this designation. I urge all of my colleagues to join me in 
supporting H.R. 2804.
  Mr. LANTOS. Mr. Speaker, I rise today in strong support of H.R. 2804, 
legislation to name the U.S. Court of Appeals Building at 7th and 
Mission Streets in San Francisco, the ``James R. Browning U.S. Court of 
Appeals Building''. I first want to commend my good friend and 
distinguished colleague, Congresswoman Nancy Pelosi, who is the sponsor 
of this legislation.
  It is most appropriate that we name the 100-year-old San Francisco 
Federal Appeals Court building after Judge James R. Browning in 
recognition of his 40 years of distinguished service on the federal 
bench and his service for 12 years--from 1976 to 1988--as Chief Judge 
of the Ninth Circuit Court of Appeals.
  Mr. Speaker, Judge Browning received his legal education at the 
University of Montana Law School, where he achieved the highest 
scholastic record in his class and served as editor-in-chief of the Law 
Review. After graduation in 1941 Judge Browning joined the Antitrust 
Division of the Department of Justice. Two years later, he answered his 
country's call and was inducted as a Private in the Army. He served in 
the Pacific Theater for

[[Page 3501]]

three years, earning a Bronze Star. Upon his return to the United 
States, Judge Browning rejoined the Department of Justice, where he 
quickly rose to Chief of the Northwest Regional Office of the Antitrust 
Division, working out of the Seattle office. He was then called back to 
Washington, DC to become Assistant Chief of the General Litigation 
Section of the Antitrust Division.
  In 1951 Judge Browning moved from the Antitrust Division to the Civil 
Division of the Department of Justice, and shortly afterwards became 
Executive Assistant to the Attorney General of the United States. While 
in this position, he organized and was then appointed Chief of the 
Executive Office of United States Attorneys. In 1953 Judge Browning 
left the Department of Justice for private practice as a partner at 
Perlman, Lyons & Browning, but continued to lecture on Antitrust Law at 
both the New York University Law School and the Georgetown University 
Law Center.
  Mr. Speaker, after five years in private practice Judge Browning left 
private practice to become Clerk of the U.S. Supreme Court. In this 
position he held the Bible at the time John F. Kennedy took the oath of 
office from Chief Justice Warren when he was sworn in as President in 
1961. He was the last Clerk of the U.S. Supreme Court to perform this 
task. Since 1961, the Bible in all cases has been held by the spouse of 
the President-elect.
  It was President Kennedy who appointed Judge Browning to the Ninth 
Circuit Court of Appeals in 1961, where he has remained in service, for 
over 40 years, the longest serving Justice in the history of the Ninth 
Circuit. Today he is the sole remaining Kennedy appointee serving on 
any court in the United States.
  Mr. Speaker, after serving on the court for 15 years, Judge Browning 
was elevated to Chief Judge of the Ninth Circuit, which position he 
held from 1976 to 1988. During his time as Chief Judge, Judge Browning 
was an influential member of the Judicial Conference of the United 
States and an active participant in resolving major problems facing the 
federal judiciary. He has an impressive record of achievement in the 
Ninth Circuit. Despite calls to reduce the size of the Court, Judge 
Browning implemented reforms to increase the efficiency of the Court by 
increasing the number of judges in the Circuit, reducing the enormous 
backlog of pending case work, and halving the time needed to decide 
appeals.
  With a jurisdiction that includes all the federal courts in 
California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, 
Alaska, Hawaii, Guam and the Northern Mariana Islands, Judge Browning 
utilized computers and information technology to increase the speed and 
efficiency of the courts. This included creating a computerized case 
screening and processing system which allowed geographically disparate 
judges to maintain docket contract and avoid intra-circuit conflicts. 
Judge Browning also created three geographic administrative 
subdivisions headed by senior active judges within each region to 
decentralize decision-making and increase productivity.
  Mr. Speaker, Judge Browning emphasized the importance of collegiality 
and civility among judges on the Ninth Circuit, and encouraged the use 
of email, telephone conferences, symposia, conferences and other 
meetings to increase interpersonal contacts and mutual understanding 
among Ninth Circuit and District Court judges. With these steps, he 
succeeded in cutting in half the time needed to decide appeals and 
eliminating the case backlog at the same time that the circuit expanded 
in size.
  In recognition of his extraordinary service to the federal judiciary 
Judge Browning was the recipient of the Edward J. Devitt Distinguished 
Service to Justice Award in 1991, and the American Judicature Society's 
Herbert Harley Award in 1984.
  Mr. Speaker, I am delighted that this legislation will name the San 
Francisco Federal Appeals Court building after Judge James R. Browning 
in recognition of 40 years of distinguished service on the federal 
bench. The building, currently unnamed, is simply known as the Old Post 
Office Building. It is very fitting that this building in which we 
uphold justice as enshrined in our constitution, be named after a 
distinguished jurist who has dedicated his life to upholding our system 
of justice.
  Mr. COOKSEY. Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. COOKSEY. 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 Louisiana (Mr. Cooksey) that the House suspend the rules 
and pass the bill, H.R. 2804.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. COOKSEY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________