[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4199 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 4199
_______________________________________________________________________
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).
Passed the Senate August 1, 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 4199
_______________________________________________________________________
AN ACT
To authorize additional district judges for the district courts and
convert temporary judgeships.