[House Report 116-142]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      116-142

======================================================================

 
AMENDING TITLE 28, UNITED STATES CODE, TO ADD FLAGSTAFF AND YUMA TO THE 
LIST OF LOCATIONS IN WHICH COURT SHALL BE HELD IN THE JUDICIAL DISTRICT 
                        FOR THE STATE OF ARIZONA

                                _______
                                

  July 9, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1569]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1569) to amend title 28, United States Code, to add 
Flagstaff and Yuma to the list of locations in which court 
shall be held in the judicial district for the State of 
Arizona, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     2
Duplication of Federal Programs..................................     3
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Changes in Existing Law Made by the Bill, as Reported............     4

                          Purpose and Summary

    H.R. 1569 would amend section 82 of title 28 of the United 
States Code to add Flagstaff and Yuma as additional places 
where federal district court is held in the District of 
Arizona.

                Background and Need for the Legislation

    Section 82 of title 28 of the United States Code requires 
federal district court in the District of Arizona to be held in 
Globe, Phoenix, Prescott, and Tucson. The statute has not been 
amended since it was enacted in 1948. Over the past 60 years, 
population growth patterns in Arizona have changed and many 
people who live in the vicinities of Flagstaff and Yuma must 
travel long distances if they have business before a federal 
district court, as currently authorized by section 82. 
Flagstaff and Yuma have federal courthouses with substantial 
judicial activity conducted by federal magistrate judges. H.R. 
1569 would simply amend section 82 to add Flagstaff and Yuma as 
additional places where federal district court is held in the 
District of Arizona.

                                Hearings

    No legislative hearings were held on H.R. 1569.

                        Committee Consideration

    On June 12, 2019, the Committee met in open session and 
ordered the bill, H.R. 1569, favorably reported, without 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that no 
rollcall votes occurred during the Committee's consideration of 
H.R. 1569.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1569, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 19, 2019.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1569, a bill to 
amend title 28, United States Code, to add Flagstaff and Yuma 
to the list of locations in which court shall be held in the 
judicial district for the State of Arizona.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1569 would allow federal district court judges serving 
in the District of Arizona to hold court proceedings in the 
cities of Flagstaff and Yuma. Under current law, district court 
proceedings are limited to being held in the cities of Globe, 
Phoenix, Prescott, and Tucson in Arizona. Using information 
provided by the Administrative Office of the United States 
Courts, CBO expects that allowing proceedings in the two 
additional cities would lead to improvements in case management 
throughout the court district, which could reduce 
administrative costs for the district. However, CBO estimates 
that any resulting savings would not be significant over the 
2020-2024 period.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by Theresa Gullo, Assistant Director for 
Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 1569 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1569 would improve access to the federal court system by 
authorizing federal district judges to hear cases in Flagstaff 
and Tucson, Arizona.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1569 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. District Courts in the Judicial District for the 
State of Arizona. Section 1 would amend section 82 of title 28 
of the United States Code to add Flagstaff and Yuma as 
additional places where federal district court is held in the 
District of Arizona.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 1569, as reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no changes are proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

TITLE 28, UNITED STATES CODE

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PART I--ORGANIZATION OF COURTS

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CHAPTER 5--DISTRICT COURTS

           *       *       *       *       *       *       *


Sec. 82. Arizona

  Arizona constitutes one judicial district.
   Court shall be held at [Globe, Phoenix, Prescott, and 
Tucson] Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma.

           *       *       *       *       *       *       *


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