[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''.
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