[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3074 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3074

                   To provide bankruptcy judgeships.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 2002

 Mr. Biden (for himself, Mr. Edwards, Mrs. Feinstein, Mr. Carper, and 
 Mr. Schumer) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                   To provide bankruptcy judgeships.

    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 2002''.

SEC. 2. TEMPORARY JUDGESHIPS.

    (a) Appointments.--The following bankruptcy judges shall be 
appointed 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 judge for the eastern 
        district of California.
            (2) Three additional bankruptcy judges for the central 
        district of California.
            (3) Four additional bankruptcy judges for the district of 
        Delaware.
            (4) Two additional bankruptcy judges for the southern 
        district of Florida.
            (5) One additional bankruptcy judge for the southern 
        district of Georgia.
            (6) Three additional bankruptcy judges for the district of 
        Maryland.
            (7) One additional bankruptcy judge for the eastern 
        district of Michigan.
            (8) One additional bankruptcy judge for the southern 
        district of Mississippi.
            (9) One additional bankruptcy judge for the district of New 
        Jersey.
            (10) One additional bankruptcy judge for the eastern 
        district of New York.
            (11) One additional bankruptcy judge for the northern 
        district of New York.
            (12) One additional bankruptcy judge for the southern 
        district of New York.
            (13) One additional bankruptcy judge for the eastern 
        district of North Carolina.
            (14) One additional bankruptcy judge for the eastern 
        district of Pennsylvania.
            (15) One additional bankruptcy judge for the middle 
        district of Pennsylvania.
            (16) One additional bankruptcy judge for the district of 
        Puerto Rico.
            (17) One additional bankruptcy judge for the western 
        district of Tennessee.
            (18) One additional bankruptcy judge for the eastern 
        district of Virginia.
            (19) One additional bankruptcy judge for the district of 
        South Carolina.
            (20) One additional bankruptcy judge for the district of 
        Nevada.
    (b) Vacancies.--
            (1) Districts with single appointments.--Except as provided 
        in paragraphs (2), (3), (4), and (5), the first vacancy 
        occurring in the office of bankruptcy judge in each of the 
        judicial districts set forth in subsection (a)--
                    (A) occurring 5 years or more after the appointment 
                date of the bankruptcy judge appointed under subsection 
                (a) to such office; and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge;
        shall not be filled.
            (2) Central district of california.--The 1st, 2d, and 3d 
        vacancies in the office of bankruptcy judge in the central 
        district of California--
                    (A) occurring 5 years or more after the respective 
                1st, 2d, and 3d appointment dates of the bankruptcy 
                judges appointed under subsection (a)(2); and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge;
        shall not be filled.
            (3) District of delaware.--The 1st, 2d, 3d, and 4th 
        vacancies in the office of bankruptcy judge in the district of 
        Delaware--
                    (A) occurring 5 years or more after the respective 
                1st, 2d, 3d, and 4th appointment dates of the 
                bankruptcy judges appointed under subsection (a)(3); 
                and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge;
        shall not be filled.
            (4) Southern district of florida.--The 1st and 2d vacancies 
        in the office of bankruptcy judge in the southern district of 
        Florida--
                    (A) occurring 5 years or more after the respective 
                1st and 2d appointment dates of the bankruptcy judges 
                appointed under subsection (a)(4); and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge;
        shall not be filled.
            (5) District of maryland.--The 1st, 2d, and 3d vacancies in 
        the office of bankruptcy judge in the district of Maryland--
                    (A) occurring 5 years or more after the respective 
                1st, 2d, and 3d appointment dates of the bankruptcy 
                judges appointed under subsection (a)(6); and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge;
        shall not be filled.

SEC. 3. EXTENSIONS.

    (a) In General.--The temporary office of bankruptcy judges 
authorized for the northern district of Alabama, the district of 
Delaware, the district of Puerto Rico, and the eastern district of 
Tennessee under paragraphs (1), (3), (7), and (9) of section 3(a) of 
the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended 
until the first vacancy occurring in the office of a bankruptcy judge 
in the applicable district resulting from the death, retirement, 
resignation, or removal of a bankruptcy judge and occurring 5 years 
after the date of the enactment of this Act.
    (b) Applicability of Other Provisions.--All other provisions of 
section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) 
remain applicable to the temporary office of bankruptcy judges referred 
to in this section.

SEC. 4. TECHNICAL AMENDMENTS.

    Section 152(a) of title 28, United States Code, is amended--
            (1) in paragraph (1), by striking the first sentence and 
        inserting the following: ``Each bankruptcy judge to be 
        appointed for a judicial district, as provided in paragraph 
        (2), shall be appointed by the court of appeals of the United 
        States for the circuit in which such district is located.''; 
        and
            (2) in paragraph (2)--
                    (A) in the item relating to the middle district of 
                Georgia, by striking ``2'' and inserting ``3''; and
                    (B) in the collective item relating to the middle 
                and southern districts of Georgia, by striking ``Middle 
                and Southern . . . . . . 1''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
enactment of this Act.
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