I 

111TH CONGRESS 

2D SESSION H. R. 6195 

To provide for additional district court judges for certain judicial districts, 

and to provide for the cross-designation of special assistant United States 

attorneys to prosecute certain border-related offenses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2010 

Mr. GARY G. MILLER of California introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To provide for additional district court judges for certain 

judicial districts, and to provide for the cross-designation 

of special assistant United States attorneys to prosecute 

certain border-related offenses, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Justice 

5 Along the Southwest Border Act of 2010’’. 


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1 SEC. 2. ADDITIONAL JUDGESHIPS FOR CERTAIN JUDICIAL 

2 DISTRICTS. 

3 (a) IN GENERAL.—The President shall appoint, by 

4 and with the advice and consent of the Senate— 

5 (1) 1 additional district judge for the district of 

6 Arizona; 

7 (2) 4 additional district judges for the eastern 

8 district of California; 

9 (3) 4 additional district judges for the central 

10 district of California; 

11 (4) 4 additional district judges for the northern 

12 district of California; 

13 (5) 1 additional district judge for the district of 

14 New Mexico; 

15 (6) 2 additional district judges for the southern 

16 district of Texas; 

17 (7) 1 additional district judge for the eastern 

18 district of Texas; and 

19 (8) 4 additional district judges for the western 

20 district of Texas. 

21 (b) EXISTING JUDGESHIPS.—The existing judgeships 

22 for the district of Arizona, the eastern district of Texas, 

23 and the district of New Mexico authorized by section 

24 312(c) of the 21st Century Department of Justice Appro25 priations Authorization Act (Public Law 107–273, 116 

26 Stat. 1758), as of the effective date of this Act, shall be 


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1 authorized under section 133 of title 28, United States 

2 Code, and the incumbents in those offices shall hold the 

3 office under section 133 of title 28, United States Code, 

4 as amended by this Act. 

5 (c) TEMPORARY JUDGESHIP.— 

6 (1) The President shall appoint, by and with 

7 the advice and consent of the Senate— 

8 (A) 1 additional judge for the district of 

9 Arizona; 

10 (B) 1 additional judge for the eastern dis11 trict of California; 

12 (C) 1 additional judge for the central dis13 trict of California; and 

14 (D) 1 additional judge for the northern 

15 district of California. 

16 (2) The first vacancy in the office of district 

17 judge in each judicial district to which a judge is ap18 pointed under paragraph (1), occurring 10 years or 

19 more after the date of enactment of this Act, shall 

20 not be filled. 

21 (d) TABLES.—In order that the table contained in 

22 section 133(a) of title 28, United States Code, will, with 

23 respect to each judicial district, reflect the changes in the 

24 total number of permanent district judgeships authorized 


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1 as a result of subsections (a) and (b) of this section, such 

2 table is amended— 

3 (1) by striking the item relating to Arizona and 

4 inserting the following: 

‘‘Arizona ................................................................................................... 14’’; 

5 (2) by striking the item relating to California 

6 and inserting the following: 

‘‘California: 

Northern ........................................................................................... 18

Eastern ............................................................................................. 10

Central .............................................................................................. 31

Southern ........................................................................................... 13’’; 

7 (3) by striking the item relating to New Mexico 

8 and inserting the following: 

‘‘New Mexico ............................................................................................ 8’’; 

9 and 

10 (4) by striking the item relating to Texas and 

11 inserting the following: 

‘‘Texas: 

Northern ........................................................................................... 12

Southern ........................................................................................... 21

Eastern ............................................................................................. 9

Western ............................................................................................. 17’’. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as may be 

14 necessary to carry out this section, including such sums 

15 as may be necessary to provide appropriate space and fa16 cilities for the judicial positions created by this section. 


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1 SEC. 3. SPECIAL ASSISTANT UNITED STATES ATTORNEYS’ 

2 PROGRAM. 

3 (a) IN GENERAL.—The Attorney General shall allo4 cate any amounts appropriated pursuant to the authoriza5 tion under subsection (c) for the hiring and training of 

6 special assistant United States attorneys. 

7 (b) USE OF FUNDS.—The funds allocated under sub8 section (a) shall be used to— 

9 (1) train local prosecutors in techniques used to 

10 prosecute border-related offenses cases; 

11 (2) train local prosecutors in Federal and State 

12 laws relating to border-related offenses; 

13 (3) cross-designate local prosecutors as special 

14 assistant United States attorneys; and 

15 (4) hire additional local prosecutors who— 

16 (A) with the approval of the United States 

17 attorney, shall be cross-designated to prosecute 

18 both Federal and State border-related offenses 

19 cases; and 

20 (B) shall be assigned a caseload, whether 

21 in State court or Federal court, that gives the 

22 highest priority to cases in which— 

23 (i) charges of border-related offenses 

24 are submitted by law enforcement for con25 sideration; and 


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1 (ii) the defendant has been previously 

2 convicted of a border-related offense. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to carry out the provisions of this section. 

6 (d) DEFINITION.—In this section, the term ‘‘border7 related offense’’ means any of the following: 

8 (1) Any offense under section 274(a), 274C(e), 

9 275, 276, 277, or 278 of the Immigration and Na10 tionality Act (8 U.S.C. 1324(a), 1324c(e), 1325, 

11 1326, 1327, 1328). 

12 (2) Any offense under section 545 or 546 of 

13 title 18, United States Code, if the relevant mer14 chandise is a controlled substance. 

15 (3) Any offense under section 1010, 1012, or 

16 1013 of the Controlled Substances Act (21 U.S.C. 

17 960, 962, 963). 

18 (4) Any offense under chapter 69 of title 18, 

19 United States Code. 

20 (5) Any offense under section 2424 of title 18, 

21 United States Code. 

Æ 


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