[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1061 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 1061

    To authorize 36 additional bankruptcy judgeships, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2003

    Mr. Biden (for himself, Mr. Carper, Mr. Sarbanes, Mr. Nelson of 
 Florida, Mrs. Clinton, Mr. Edwards, Mr. Graham of South Carolina, Mr. 
 Hollings, Mr. Levin, Mr. Pryor, Mr. Reid, Mr. Chambliss, Mr. Miller, 
  Mr. Alexander, and Mr. Graham of Florida) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
    To authorize 36 additional bankruptcy judgeships, 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. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.

    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) Two additional bankruptcy judgeships for the southern 
        district of New York.
            (2) Four additional bankruptcy judgeships for the district 
        of Delaware.
            (3) One additional bankruptcy judgeship for the district of 
        New Jersey.
            (4) One additional bankruptcy judgeship for the eastern 
        district of Pennsylvania.
            (5) Three additional bankruptcy judgeships for the district 
        of Maryland.
            (6) One additional bankruptcy judgeship for the eastern 
        district of North Carolina.
            (7) One additional bankruptcy judgeship for the district of 
        South Carolina.
            (8) One additional bankruptcy judgeship for the eastern 
        district of Virginia.
            (9) Two additional bankruptcy judgeships for the eastern 
        district of Michigan.
            (10) Two additional bankruptcy judgeships for the western 
        district of Tennessee.
            (11) One additional bankruptcy judgeship for the eastern 
        and western districts of Arkansas.
            (12) Two additional bankruptcy judgeships for the district 
        of Nevada.
            (13) One additional bankruptcy judgeship for the district 
        of Utah.
            (14) Two additional bankruptcy judgeships for the middle 
        district of Florida.
            (15) Two additional bankruptcy judgeships for the southern 
        district of Florida.
            (16) Two additional bankruptcy judgeships for the northern 
        district of Georgia.
            (17) One additional bankruptcy judgeship for the southern 
        district of Georgia.

SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS.

    (a) Authorization for Additional Temporary Bankruptcy Judgeships.--
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 district of 
        Puerto Rico.
            (2) One additional bankruptcy judgeship for the northern 
        district of New York.
            (3) One additional bankruptcy judgeship for the middle 
        district of Pennsylvania.
            (4) One additional bankruptcy judgeship for the district of 
        Maryland.
            (5) One additional bankruptcy judgeship for the northern 
        district of Mississippi.
            (6) One additional bankruptcy judgeship for the southern 
        district of Mississippi.
            (7) One additional bankruptcy judgeship for the southern 
        district of Georgia.
    (b) Vacancies.--
            (1) In general.--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) Term expiration.--In the case of a vacancy resulting 
        from the expiration of the term of a bankruptcy judge not 
        described in paragraph (1), that judge shall be eligible for 
        reappointment as a bankruptcy judge in that district.
    (c) Extension of Existing Temporary Bankruptcy Judgeships.--
            (1) In general.--The temporary bankruptcy judgeships 
        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 or more after the 
        date of 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 
        bankruptcy judgeships referred to in this subsection.

SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED BY THE MIDDLE DISTRICT 
              OF GEORGIA AND THE SOUTHERN DISTRICT OF GEORGIA.

    The bankruptcy judgeship presently shared by the southern district 
of Georgia and the middle district of Georgia shall be converted to a 
bankruptcy judgeship for the middle district of Georgia.

SEC. 5. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS.

    (a) District of Delaware.--The temporary bankruptcy judgeship 
authorized for the district of Delaware pursuant to section 3 of the 
Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be 
converted to a permanent bankruptcy judgeship.
    (b) District of Puerto Rico.--The temporary bankruptcy judgeship 
authorized for the district of Puerto Rico pursuant to section 3 of the 
Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be 
converted to a permanent bankruptcy judgeship.

SEC. 6. TECHNICAL AMENDMENTS.

    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 ``10'';
            (6) in the item relating to the middle district of Georgia, 
        by striking ``2'' and inserting ``3'';
            (7) in the item relating to the southern district of 
        Georgia, by striking ``2'' and inserting ``3'';
            (8) in the collective item relating to the middle and 
        southern districts of Georgia, by striking ``Middle and 
        Southern . . . . . . 1'';
            (9) in the item relating to the district of Maryland, by 
        striking ``4'' and inserting ``7'';
            (10) in the item relating to the eastern district of 
        Michigan, by striking ``4'' and inserting ``6'';
            (11) in the item relating to the district of Nevada, by 
        striking ``3'' and inserting 5'';
            (12) in the item relating to the district of New Jersey, by 
        striking ``8'' and inserting ``9'';
            (13) in the item relating to the southern district of New 
        York, by striking ``9'' and inserting ``11'';
            (14) in the item relating to the eastern district of North 
        Carolina, by striking ``2'' and inserting ``3'';
            (15) in the item relating to the eastern district of 
        Pennsylvania, by striking ``5'' and inserting ``6'';
            (16) in the item relating to the district of Puerto Rico, 
        by striking ``2 and inserting ``3'';
            (17) in the item relating to the district of South 
        Carolina, by striking ``2'' and inserting ``3'';
            (18) in the item relating to the western district of 
        Tennessee, by striking ``4'' and inserting ``6'';
            (19) in the item relating to the district of Utah, by 
        striking ``3'' and inserting ``4''; and
            (20) in the item relating to the eastern district of 
        Virginia, by striking ``5'' and inserting ``6''.
                                 <all>