[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1112 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1112

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2003

   Mr. Kingston (for himself, Mr. Foley, Mr. Hoyer, Mr. Deutsch, Mr. 
Rogers of Michigan, Mr. Jenkins, Mr. Castle, Mr. Frost, Mr. Nadler, Ms. 
  Ros-Lehtinen, Mr. Gibbons, Mr. Gordon, Mr. Hoeffel, Mr. Burns, Mr. 
Gingrey, Mr. Matheson, and Mr. Schrock) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend title 28 of the 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 2003''.

SEC. 2. PERMANENT JUDGESHIPS.

    Section 152(a)(2) of title 28, United States Code, is amended--
            (1) in the item relating to the eastern and western 
        districts of Arkansas by striking ``3'' and inserting ``4'',
            (2) in the item relating to the district of Delaware by 
        striking ``1'' and inserting ``6'',
            (3) in the item relating to the middle district of Florida 
        by striking ``8'' and inserting ``10'',
            (4) in the item relating to the southern district of 
        Florida by striking ``5'' and inserting ``7'',
            (5) in the item relating to the northern district of 
        Georgia by striking ``8'' and inserting ``9'',
            (6) in the item relating to the southern district of 
        Georgia by striking ``2'' and inserting ``3'',
            (7) in the item relating to the district of Maryland by 
        striking ``4'' and inserting ``7'',
            (8) in the item relating to the eastern district of 
        Michigan by striking ``4'' and inserting ``6'',
            (9) in the item relating to the district of Nevada by 
        striking ``3'' and inserting ``5'',
            (10) in the item relating to the district of New Jersey by 
        striking ``8'' and inserting ``9'',
            (11) in the item relating to the southern district of New 
        York by striking ``9'' and inserting ``11'',
            (12) in the item relating to the eastern district of North 
        Carolina by striking ``2'' and inserting ``3'',
            (13) in the item relating to the eastern district of 
        Pennsylvania by striking ``5'' and inserting ``6'',
            (14) in the item relating to the district of Puerto Rico by 
        striking ``2'' and inserting ``3'',
            (15) in the item relating to the district of South Carolina 
        by striking ``2'' and inserting ``3'',
            (16) in the item relating to the western district of 
        Tennessee by striking ``4'' and inserting ``6'',
            (17) in the item relating to the district of Utah by 
        striking ``3'' and inserting ``4'', and
            (18) in the item relating to the eastern district of 
        Virginia by striking ``5'' and inserting ``6''.

SEC. 3. TEMPORARY JUDGESHIPS.

    (a) Temporary Judgeships.--
            (1) 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:
                    (A) One additional bankruptcy judge for the 
                southern district of Georgia.
                    (B) One additional bankruptcy judge for the 
                district of Maryland.
                    (C) One additional bankruptcy judge for the eastern 
                district of Mississippi.
                    (D) One additional bankruptcy judge for the 
                northern district of Mississippi.
                    (E) One additional bankruptcy judge for the middle 
                district of New York.
                    (F) One additional bankruptcy judge for the middle 
                district of Pennsylvania.
                    (G) One additional bankruptcy judge for the 
                district of Puerto Rico.
            (2) Vacancies.--The first vacancy occurring in the office 
        of bankruptcy judge in each of the judicial districts set forth 
        in paragraph (1)--
                            (i) occurring 5 years or more after the 
                        appointment date of the bankruptcy judge 
                        appointed under paragraph (1) to such office; 
                        and
                            (ii) resulting from the death, retirement, 
                        resignation, or removal of a bankruptcy judge;
                shall not be filled.
    (b) Extensions.--
            (1) In general.--The temporary office of bankruptcy judges 
        authorized for the northern district of Alabama and the eastern 
        district of Tennessee under paragraphs (1) 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.
            (2) 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 subsection.
    (c) 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''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
                                 <all>