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Text of the Emergency Judicial Relief Act of 2011

This bill was introduced on October 13, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 17, 2011 (Reported by Senate Committee).

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Source: GPO

II

Calendar No. 195

112th CONGRESS

1st Session

S. 1014

IN THE SENATE OF THE UNITED STATES

May 17, 2011

(for herself, Mr. Kyl, Mr. Cornyn, Ms. Klobuchar, Mr. McCain, Mrs. Hutchison, Mr. Franken, and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

October 17, 2011

Reported by , with an amendment

Omit the part struck through and insert the part printed in italic

A BILL

To provide for additional Federal district judgeships.

1.

Short title

This Act may be cited as the Emergency Judicial Relief Act of 2011.

2.

Federal district judgeships

(a)

Additional permanent district judgeship

The President shall appoint, by and with the advice and consent of the Senate—

(1)

2 additional district judges for the district of Arizona;

(2)

4 additional district judges for the eastern district of California;

(3)

1 additional district judge for the district of Minnesota;

(4)

1 additional district judge for the southern district of Texas; and

(5)

2 additional district judges for the western district of Texas.

(b)

Conversion of temporary judgeships

The existing judgeships for the district of Arizona and the central district of California authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (28 U.S.C. 133 note; Public Law 107–273; 116 Stat. 1788), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act.

(c)

Technical and conforming amendments

The table contained in section 133(a) of title 28, United States Code, is amended—

(1)

by striking the item relating to the district of Arizona and inserting the following:

Arizona15

;

(2)

by striking the item relating to California and inserting the following:

California:
Northern14
Eastern10
Central28
Southern13

;

(3)

by striking the item relating to the district of Minnesota and inserting the following:

Minnesota8

;

and
(4)

by striking the item relating to Texas and inserting the following:

Texas:
Northern12
Southern20
Eastern7
Western15

.

(d)

Increase in filing fees

Section 1914(a) of title 28, United States Code, is amended by striking $350 and inserting $360.

(d)

Increase in filing fees

(1)

In general

Section 1914(a) of title 28, United States Code, is amended by striking $350 and inserting $360.

(2)

Expenditure limitation

Incremental amounts collected by reason of the enactment of this subsection shall be deposited in a special fund in the Treasury to be established after the date of enactment of this Act. Such amounts shall be available for the purposes specified in section 1931(a) of title 28, United States Code, but only to the extent specifically appropriated by an Act of Congress enacted after the date of enactment of this Act.

3.

Whistleblower protection

(a)

In General

No officer, employee, agent, contractor, or subcontractor in the judicial branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge, justice, or any other employee in the judicial branch, which may assist in the investigation of the possible violation or misconduct.

(b)

Civil Action

An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.

October 17, 2011

Reported with an amendment