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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-497

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



 
                   DIVISIONAL REALIGNMENT ACT OF 2012

                                _______
                                

  May 29, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5512]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5512) to amend title 28, United States Code, to 
realign divisions within two judicial districts, having 
considered the same, reports favorably thereon without 
amendment and recommends 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.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Agency Views.....................................................     5
Changes in Existing Law Made by the Bill, as Reported............    10

                          Purpose and Summary

    On March 13, 2012, the Judicial Conference of the United 
States adopted a proposal for a draft bill that realigns 
judicial divisions within the Eastern District of Missouri and 
the Northern District of Mississippi. The realignments improve 
judicial administration and benefit litigants and jurors. The 
``Divisional Realignment Act of 2012'' reflects the draft 
developed by the Judicial Conference.

                Background and Need for the Legislation

                      EASTERN DISTRICT OF MISSOURI

    The Judicial Conference recommends shifting two counties 
(Iron and Saint Genevieve) from the Eastern Division to the 
Southeastern Division of the District. The two counties have a 
combined population of 29,000 but their cases, like others from 
the Eastern Division, are considered in St. Louis, with a 
population of 2.2 million.
    A new state-of-the-art courthouse has opened in Cape 
Girardeau, which is part of the Southeastern Division. Shifting 
Iron and Saint Genevieve to the Southeastern Division better 
aligns the places of holding court with the total population 
served, equalizes the workload of the two divisions, and 
maximizes appropriate utilization of the new court facility. In 
addition, the commute to Cape Giradeau is shorter than to St. 
Louis and therefore benefits the affected jurors, litigants, 
and practicing attorneys.
    The change is supported by judges of the Eastern District, 
the Eighth Circuit Judicial Council, and the Eastern District 
Bankruptcy Court and US Attorney.

                    NORTHERN DISTRICT OF MISSISSIPPI

    The Northern District of Mississippi has four statutory 
divisions but only three Federal courthouses. The US Judicial 
Conference recommends (1) eliminating the Delta Division by 
reallocating the eight counties in that division among the 
three remaining divisions and (2) renaming two of the three 
remaining divisions.
    The existing alignment complicates venue and jury selection 
because the court cannot select a jury only from the Delta 
Division. The realignment ensures all counties in the District 
are statutorily linked to divisions with courthouses. The 
change also promotes economical travel for jurors and more 
fairly balances the caseload through the alignment of certain 
counties.
    The realignment is supported by the judges of the Northern 
District, the Fifth Circuit Judicial Council, and the Northern 
District US Attorney.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
5512.

                        Committee Consideration

    On May 16, 2012, the Committee met in open session and 
ordered the bill H.R. 5512 favorably reported, 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 there 
were no recorded votes during the Committee's consideration of 
H.R. 5512.

                      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. 5112, 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, May 24, 2012.
Hon. Lamar Smith, 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. 5512, the 
``Divisional Realignment Act of 2012.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member




             H.R. 5512--Divisional Realignment Act of 2012.

    As ordered reported by the House Committee on the Judiciary on 
                             May 16, 2012.




    H.R. 5512 would realign the Federal court districts of 
Eastern Missouri and Northern Mississippi and condense the four 
divisions of the Northern District of Mississippi into three.
    Based on information provided by the Administrative Office 
of the U.S. Courts, CBO estimates that implementing H.R. 5512 
would have only minimal administrative costs and thus would 
have no significant impact on the Federal budget. Enacting H.R. 
5512 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    H.R. 5512 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistance Director for Budget Analysis.

                    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. 
5512 will improve the administration of justice in the Eastern 
District of Missouri and the Northern District of Mississippi 
by realigning certain divisions within each district.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5512 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
Sec. 1. Short title.
    This Act may be cited as the ``Divisional Realignment Act 
of 2012.''
Sec. 2. Realignment with the Eastern District of Missouri.
    Section 2 amends 28 USC Sec. 105(a) by striking Iron and 
Saint Genevieve Counties from inclusion in the Eastern Division 
of the Eastern District of Missouri and transferring both to 
the Southeastern Division.
    Sec. 3. Realignment within the Northern District of 
Mississippi.
    Section 3 amends 28 USC Sec. 104(a) by realigning the four 
divisions within the Northern District of Mississippi as 
follows:

         LThe Delta Division is eliminated and its 
        eight counties are reallocated among the three 
        remaining divisions.

         LWebster County moves from the renamed Oxford 
        Division to the renamed Aberdeen Division; DeSoto, 
        Panola, Quitman, Tallahatchie, Tate, and Tunica 
        Counties move from the former Delta Division to the 
        renamed Oxford Division; and Bolivar and Coahoma 
        Counties from the former Delta Division, Grenada and 
        Montgomery Counties from the renamed Oxford Division, 
        and Attala County from the renamed Aberdeen Division 
        all move to the Greenville Division.

         LThe towns of Clarksdale and Cleveland are 
        listed as authorized places of holding court for the 
        Greenville Division instead of the former Delta 
        Division.

                              Agency Views





                               __________

         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 italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 28, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--ORGANIZATION OF COURTS

           *       *       *       *       *       *       *


CHAPTER 5--DISTRICT COURTS

           *       *       *       *       *       *       *


Sec. 104. Mississippi

    Mississippi is divided into two judicial districts to be 
known as the northern and southern districts of Mississippi.

                           Northern District

    [(a) The northern district comprises four divisions.
            [(1) Eastern division comprises the counties of 
        Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba, 
        Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, 
        and Winston.
        [Court for the eastern division shall be held at 
        Aberdeen, Ackerman, and Corinth.
            [(2) The western division comprises the counties of 
        Benton, Calhoun, Grenada, Lafayette, Marshall, 
        Montgomery, Pontotoc, Tippah, Union, Webster, and 
        Yalobusha.
        [Court for the Western division shall be held at 
        Oxford.
            [(3) The Delta division comprises the counties of 
        Bolivar, Coahoma, De Soto, Panola, Quitman, 
        Tallahatchie, Tate, and Tunica.
        [Court for the Delta division shall be held at 
        Clarksdale and Cleveland.
            [(4) The Greenville division comprises the counties 
        of Carroll, Humphreys, Leflore, Sunflower, and 
        Washington.
        [Court for the Greenville division shall be held at 
        Greenville.]
    (a) The northern district comprises three divisions.
            (1) The Aberdeen Division comprises the counties of 
        Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, 
        Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, 
        Webster, and Winston.
            Court for the Aberdeen Division shall be held at 
        Aberdeen, Ackerman, and Corinth.
            (2) The Oxford Division comprises the counties of 
        Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, 
        Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica, 
        Union, and Yalobusha.
            Court for the Oxford Division shall be held at 
        Oxford.
            (3) The Greenville Division comprises the counties 
        of Attala, Bolivar, Carroll, Coahoma, Grenada, 
        Humphreys, Leflore, Montgomery, Sunflower, and 
        Washington.
            Court for the Greenville Division shall be held at 
        Clarksdale, Cleveland, and Greenville.

           *       *       *       *       *       *       *


Sec. 105. Missouri

    Missouri is divided into two judicial districts to be known 
as the Eastern and Western Districts of Missouri.

                            Eastern District

    (a) The Eastern District comprises three divisions.
            (1) The Eastern Division comprises the counties of 
        Crawford, Dent, Franklin, Gasconade, [Iron,] Jefferson, 
        Lincoln, Maries, Phelps, Saint Charles, Saint Francois, 
        [Saint Genevieve,] Saint Louis, Warren, and Washington, 
        and the city of Saint Louis.
        Court for the Eastern Division shall be held at Saint 
        Louis.

           *       *       *       *       *       *       *

            (3) The Southeastern Division comprises the 
        counties of Bollinger, Butler, Cape Girardeau, Carter, 
        Dunklin, Iron, Madison, Mississippi, New Madrid, 
        Pemiscot, Perry, Reynolds, Ripley, Saint Genevieve, 
        Scott, Shannon, Stoddard, and Wayne.
        Court for the Southeastern Division shall be held at 
        Cape Girardeau.

           *       *       *       *       *       *       *