H. Rept. 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 ARIZONA116th Congress (2019-2020)
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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-142
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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
* * * * * * *
PART I--ORGANIZATION OF COURTS
* * * * * * *
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.
* * * * * * *
[all]
