[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1596 Referred in Senate (RFS)]







105th CONGRESS
  1st Session
                                H.R. 1596


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 1997

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To amend title 28, United States Code, to authorize the appointment of 
         additional bankruptcy judges, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bankruptcy Judgeship Act of 1997''.

SEC. 2. PERMANENT JUDGESHIPS.

    Section 152(a)(2) of title 28, United States Code, is amended--
            (1) in the item relating to the central district of 
        California, by striking ``21'' and inserting ``25'';
            (2) in the item relating to the district of Maryland, by 
        striking ``4'' and inserting ``5'';
            (3) in the item relating to the district of New Jersey, by 
        striking ``8'' and inserting ``9''; and
            (4) in the item relating to the western district of 
        Tennessee, by striking ``4'' and inserting ``5''.

SEC. 3. TEMPORARY JUDGESHIPS.

    (a) Appointments.--The following judgeship positions shall be 
filled in the manner prescribed in section 152(a)(1) of title 28, 
United States Code, for the appointment of bankruptcy judges provided 
for in section 152(a)(2) of such title:
            (1) one additional bankruptcy judgeship for the eastern 
        district of California.
            (2) one additional bankruptcy judgeship for the southern 
        district of Florida.
            (3) one additional bankruptcy judgeship for the district of 
        Maryland.
            (4) one additional bankruptcy judgeship for the eastern 
        district of Michigan.
            (5) one additional bankruptcy judgeship for the southern 
        district of Mississippi.
            (6) one additional bankruptcy judgeship for the eastern 
        district of New York.
            (7) one additional bankruptcy judgeship for the northern 
        district of New York.
            (8) one additional bankruptcy judgeship for the southern 
        district of New York.
            (9) one additional bankruptcy judgeship for the eastern 
        district of Pennsylvania.
            (10) one additional bankruptcy judgeship for the middle 
        district of Pennsylvania.
            (11) one additional bankruptcy judgeship for the eastern 
        district of Virginia.
    (b) Vacancies.--The first vacancy occurring in the office of a 
bankruptcy judge in each of the judicial districts set forth in 
subsection (a) which--
            (1) results from the death, retirement, resignation, or 
        removal of a bankruptcy judge, and
            (2) occurs 5 years or more after the appointment date of a 
        judge appointed under subsection (a),
shall not be filled.

SEC. 4. EXTENSION.

    The temporary bankruptcy judgeship position authorized for the 
district of Delaware by section 3(a)(3) of the Bankruptcy Judgeship Act 
of 1992 (28 U.S.C. 152 note) is extended until the first vacancy 
occurring in the office of a bankruptcy judge in that district 
resulting from the death, retirement, resignation, or removal of a 
bankruptcy judge and occurring 10 years or more after October 28, 1993. 
All other provisions of section 3 of the Bankruptcy Judgeship Act of 
1992 remain applicable to such temporary judgeship position.

SEC. 5. TECHNICAL AMENDMENT.

    The first sentence of section 152(a)(1) of title 28, United States 
Code, is amended to read as follows: ``Each bankruptcy judge to be 
appointed for a judicial district as provided in paragraph (2) shall be 
appointed by the United States court of appeals for the circuit in 
which such district is located.''.

            Passed the House of Representatives July 28, 1997.

            Attest:

                                                R0BIN H. CARLE,

                                                                 Clerk.