S. 878 - A bill to create additional Federal court judgeships

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday October 4, 2004.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 206-173 on Tuesday, October 05, 2004.

MANAGERSSESSIONS/SLAUGHTER
108th Congress 
2nd Session

H.RES. 814

[Report No. 108-723]

S. 878 - A bill to create additional Federal court judgeships

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5. Waives all points of order against the committee amendment in the nature of a substitute.

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

7. Provides that the amendments printed in the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for a division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against the amendments printed in the report.

9. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (S. 878) to authorize an additional permanent judgeship in the district of Idaho, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.


SUMMARY OF AMENDMENTS MADE IN ORDER

(summaries derived from information provided by sponsors)

Sensenbrenner #3
Manager's Amendment.
"Staggers" implementation of the 58 new Federal circuit and district court judgeships created by S. 878 over seven fiscal years (i.e. through FY2011). This would permit the bill to comport with the five-year budget authority allocation for direct spending. (10 minutes)

Simpson #1
Splits the current 9th Circuit Court of Appeals. Creates a new 9th Circuit featuring California, Guam, Hawaii, and the Northern Mariana Islands; a new 12th Circuit featuring Arizona, Nevada, Idaho, and Montana; and a new 13th Circuit featuring Alaska, Oregon, and Washington. (40 minutes)

TEXT OF THE AMENDMENTS(.pdf)

1. Sensenbrenner #3

2. Simpson #1