[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4199 Enrolled Bill (ENR)]
S.4199
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
To authorize additional district judges for the district courts and
convert temporary judgeships.
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 ``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''; and
(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;
(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'';
(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''; and
(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;
(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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.