29–006

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 108–626

PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT 

OF NEW YORK 

JULY 21, 2004.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 4646] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 4646) to amend title 28, United States Code, to provide for 

the holding of Federal district court in Plattsburgh, New York, and 

for other purposes, having considered the same, report favorably 

thereon with amendments and recommend that the bill as amended do pass.

CONTENTS 

Page 

The Amendment ...................................................................................................... 1

Purpose and Summary ............................................................................................ 2

Background and Need for the Legislation ............................................................. 2

Hearings ................................................................................................................... 2

Committee Consideration ........................................................................................ 2

Vote of the Committee ............................................................................................. 2

Committee Oversight Findings ............................................................................... 2

New Budget Authority and Tax Expenditures ...................................................... 3

Congressional Budget Office Cost Estimate .......................................................... 3

Performance Goals and Objectives ......................................................................... 3

Constitutional Authority Statement ...................................................................... 4

Section-by-Section Analysis and Discussion .......................................................... 4

Changes in Existing Law Made by the Bill, as Reported ..................................... 4

Statement Submitted for the Record ..................................................................... 4

THE AMENDMENT

The amendments are as follows: 

Strike all after the enacting clause and insert the following:

2

1Letter from Leonidas Ralph Mecham, Secretary, Judicial Conference of the United States, 

to Representative Lamar Smith (June 22, 2004).

SECTION 1. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT OF NEW YORK. 

Section 112(a) of title 28, United States Code, is amended by inserting ‘‘Plattsburgh,’’ after ‘‘Malone,’’.

Amend the title so as to read:

A bill to amend title 28, United States Code, to provide for an additional place 

of holding court in the Northern District of New York.

PURPOSE AND SUMMARY

The purpose of H.R. 4646 is to designate Plattsburgh, New York, 

as a place of holding federal district court for the U.S. District 

Court for the Northern District of New York. 

BACKGROUND AND NEED FOR THE LEGISLATION

The U.S. Judicial Conference issued the following statement in 

support of H.R. 4646:

The [text of H.R. 4646] is supported by the United 

States Attorney of this district. The need to designate 

Plattsburgh as a place of holding court has been necessitated by the effort to increase security near our national 

borders in the wake of the attacks of September 2001. The 

Department of Justice and the U.S. Customs Service are 

implementing significant increases in manpower and federal law enforcement capability along the Canadian border 

in the Northern District of New York. A designated court 

location in Plattsburgh would greatly facilitate the prosecution of the additional cases generated at the north ports 

of entry in New York State.1

The Committee believes this explanation provides a sufficient 

justification for passage of the bill. 

HEARINGS

The Committee on the Judiciary held no hearings on H.R. 4646. 

COMMITTEE CONSIDERATION

On July 21, 2004, the Committee met in open session and ordered favorably reported the bill H.R. 4646 with amendments by 

voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the Committee’s consideration of H.R. 4646. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports 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 RepVerDate jul 14 2003 05:29 Jul 22, 2004 Jkt 029006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR626.XXX HR626
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resentatives, 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. 4646, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act.

JULY 21, 2004. 

Hon. F. JAMES SENSENBRENNER, Jr., 

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. 4646, a bill to amend title 

28, United States Code, to provide for the holding of Federal district court in Plattsburgh, New York, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Lanette J. Walker. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. 

Enclosure. 

H.R. 4646—A bill to amend title 28, United States Code, to provide 

for the holding of Federal district court in Plattsburgh, New 

York, and for other purposes 

H.R. 4646 would allow federal judges in the Northern District of 

New York to hold court proceedings in Plattsburgh, New York. 

CBO expects that implementing the act could increase costs to the 

judiciary to rent facilities in Plattsburgh to hold such proceedings. 

Based on information from the Administrative Office of the United 

States Courts, CBO estimates that any additional rental costs 

would not be significant over the 2005–2009 period. 

Enacting H.R. 4646 would not affect direct spending or revenues. 

H.R. 4646 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 Lanette J. Walker. 

This estimate was approved by Peter H. Fontaine, Deputy Assistant 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. 4646 will enhance security along the northeastern U.S. border with Canada 

and greatly facilitate the prosecution of additional cases generated 

at the northern ports of entry in New York State. 

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CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article III, section 1 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

H.R. 4646 amends section 112(a) of title 28 of the U.S. Code by 

adding Plattsburgh as a place of holding court in the Northern District of New York.

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 (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

SECTION 112 OF TITLE 28, UNITED STATES CODE 

§ 112. New York 

New York is divided into four judicial districts to be known as 

the Northern, Southern, Eastern, and Western Districts of New 

York. 

NORTHERN DISTRICT

(a) The Northern District comprises the counties of Albany, 

Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, 

Schoharie, Tioga, Tompkins, Ulster, Warren, and Washington. 

Court for the Northern District shall be held at Albany, Auburn, Binghamton, Malone, Plattsburgh, Syracuse, Utica, and Watertown. 

* * * * * * *

STATEMENT SUBMITTED FOR THE RECORD BY

REPRESENTATIVE LAMAR S. SMITH OF TEXAS

Mr. Chairman, the Subcommittee on Courts, the Internet, and Intellectual Property never reported H.R. 4646 as 

a freestanding measure since it had already received process as section 111 of H.R. 1302, the ‘‘Federal Courts Improvement Act of 2003.’’ The Subcommittee favorably reported H.R. 1302 more than a year ago. 

Representative McHugh of New York is the sponsor of 

H.R. 4646, which designates Plattsburgh, New York, as a 

site for holding federal court. Both the U.S. Judicial Conference and the U.S. Attorney of the Northern District of 

New York support the bill. 

The need to designate Plattsburgh as a place of holding 

court has been necessitated by the effort to increase security near our national borders in the wake of the nine-elevVerDate jul 14 2003 05:29 Jul 22, 2004 Jkt 029006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\HR626.XXX HR626
5

en terrorist attacks. To provide Members with some geographic perspective, Plattsburgh is located on the western 

shore of Lake Champlain, about an hour’s drive south of 

Montreal, Quebec. 

The Department of Justice and the U.S. Customs Service are implementing significant increases in manpower 

and federal law enforcement capability along the Canadian 

border in the Northern District of New York. A designated 

court location in Plattsburgh would greatly facilitate the 

prosecution of the additional cases generated at the northern ports of entry in New York State. 

Finally, Mr. Chairman, at the appropriate time I will 

offer a simple and noncontroversial substitute to H.R. 

4646. The substitute is based on a stylistic drafting recommendation developed by the Office of Legislative Counsel. 

Mr. Chairman, H.R. 4646 makes a small but necessary 

change that will improve the administration of justice and 

increase the security of our nation. I urge the Members to 

support the bill and I yield back the balance of my time.

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