[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 878 Reported in Senate (RS)]






                                                       Calendar No. 102
108th CONGRESS
  1st Session
                                 S. 878

   To authorize an additional permanent judgeship in the district of 
                     Idaho, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2003

   Mr. Craig (for himself, Mr. Crapo, and Mr. Hagel) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                              May 20, 2003

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To authorize an additional permanent judgeship in the district of 
                     Idaho, and for other purposes.

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

<DELETED>SECTION 1. DISTRICT JUDGESHIP FOR THE DISTRICT OF 
              IDAHO.</DELETED>

<DELETED>    (a) Additional Permanent District Judgeship.--The 
President shall appoint, by and with the advice and consent of the 
Senate, 1 additional district judge for the district of 
Idaho.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table 
contained in section 133(a) of title 28, United States Code, is amended 
by striking the item relating to Idaho and inserting the 
following:</DELETED>

    <DELETED>``Idaho..............................                 3''.

</DELETED>SECTION 1. DISTRICT JUDGESHIP FOR THE NORTHERN DISTRICT OF 
              ALABAMA.

    (a) Additional Permanent District Judgeship.--The President shall 
appoint, by and with the advice and consent of the Senate, 1 additional 
district judge for the northern district of Alabama.
    (b) Technical and Conforming Amendment.--The table under section 
133(a) of title 28, United States Code, is amended by striking the item 
relating to Alabama and inserting the following:

``Alabama:
    Northern................................................         8 
    Middle..................................................         3 
    Southern................................................      3.''.

SEC. 2. DISTRICT JUDGESHIPS FOR THE DISTRICT OF ARIZONA.

    (a) Additional Permanent District Judgeships.--The President shall 
appoint, by and with the advice and consent of the Senate, 2 additional 
district judges for the district of Arizona.
    (b) Technical and Conforming Amendment.--The table under section 
133(a) of title 28, United States Code, is amended by striking the item 
relating to Arizona and inserting the following:

    ``Arizona...............................................      14''.

SEC. 3. DISTRICT JUDGESHIPS FOR THE EASTERN AND SOUTHERN DISTRICTS OF 
              CALIFORNIA.

    (a) Additional Permanent District Judgeships.--The President shall 
appoint, by and with the advice and consent of the Senate--
            (1) 3 additional district judges for the eastern district 
        of California; and
            (2) 1 additional district judge for the southern district 
        of California.
    (b) Conversion of Temporary Judgeship to Permanent Judgeship.--The 
existing judgeship for the eastern district of California authorized by 
section 203(c) of the Judicial Improvements Act of 1990 (28 U.S.C. 133 
note; Public Law 101-650) shall, as of the date of enactment of this 
Act, be authorized under section 133 of title 28, United States Code, 
and the incumbent in that office shall hold the office under section 
133 of title 28, United States Code (as amended by this Act).
    (c) Technical and Conforming Amendment.--
            (1) In general.--The table under section 133(a) of title 
        28, United States Code, is amended by striking the item 
        relating to California and inserting the following:

``California:
    Northern................................................        14 
    Eastern.................................................        10 
    Central.................................................        27 
    Southern................................................      14''.
            (2) Effective date.--This subsection shall take effect on 
        the later of--
                    (A) the date of enactment of this Act; or
                    (B) July 16, 2003.

SEC. 4. DISTRICT JUDGESHIP FOR THE DISTRICT OF IDAHO.

    (a) Additional Permanent District Judgeship.--The President shall 
appoint, by and with the advice and consent of the Senate, 1 additional 
district judge for the district of Idaho.
    (b) Technical and Conforming Amendment.--The table under section 
133(a) of title 28, United States Code, is amended by striking the item 
relating to Idaho and inserting the following:

    ``Idaho.......................................                 3''.

SEC. 5. TEMPORARY JUDGESHIP FOR THE NORTHERN DISTRICT OF IOWA.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate, 1 additional judge for the northern 
district of Iowa.
    (b) Vacancy Not Filled.--The first vacancy in the office of 
district judge in the northern district of Iowa occurring 10 years or 
more after the confirmation date of the judge named to fill the 
temporary district judgeship created by this subsection, shall not be 
filled.

SEC. 6. CONVERSION OF TEMPORARY JUDGESHIP TO PERMANENT JUDGESHIP FOR 
              THE DISTRICT OF NEBRASKA.

    (a) In General.--The existing judgeship for the district of 
Nebraska authorized by section 203(c) of the Judicial Improvements Act 
of 1990 (28 U.S.C. 133 note; Public Law 101-650) shall, as of the date 
of enactment of this Act, be authorized under section 133 of title 28, 
United States Code, and the incumbent in that office shall hold the 
office under section 133 of title 28, United States Code (as amended by 
this Act).
    (b) Technical and Conforming Amendments.--The table under section 
133(a) of title 28, United States Code, is amended by striking the item 
relating to Nebraska and inserting the following:

    ``Nebraska..............................................      4.''.

SEC. 7. DISTRICT JUDGESHIPS FOR THE EASTERN DISTRICT OF NEW YORK.

    (a) Additional Permanent District Judgeships.--The President shall 
appoint, by and with the advice and consent of the Senate, 2 additional 
district judges for the eastern district of New York.
    (b) Technical and Conforming Amendment.--
            (1) In general.--The table under section 133(a) of title 
        28, United States Code, is amended by striking the item 
        relating to New York and inserting the following:

``New York:
    Northern................................................         5 
    Southern................................................        28 
    Eastern.................................................        17 
    Western.................................................       4''.
            (2) Effective date.--This subsection shall take effect on 
        the later of--
                    (A) the date of enactment of this Act; or
                    (B) July 16, 2003.

SEC. 8. TEMPORARY JUDGESHIP FOR THE EASTERN DISTRICT OF NEW YORK.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate 1 additional judge for the eastern 
district of New York.
    (b) Vacancy Not Filled.--The first vacancy in the office of 
district judge in the eastern district of New York occurring 10 years 
or more after the confirmation date of the judge named to fill the 
temporary district judgeship created by this subsection, shall not be 
filled.

SEC. 9. DISTRICT JUDGESHIP FOR THE DISTRICT OF SOUTH CAROLINA.

    (a) Additional Permanent District Judgeship.--The President shall 
appoint, by and with the advice and consent of the Senate, 1 additional 
district judge for the district of South Carolina.
    (b) Technical and Conforming Amendment.--The table under section 
133(a) of title 28, United States Code, is amended by striking the item 
relating to South Carolina and inserting the following:

    ``South Carolina........................................      11''.

SEC. 10. DISTRICT JUDGESHIP FOR THE DISTRICT OF UTAH.

    (a) Additional Permanent District Judgeship for the District of 
Utah.--The President shall appoint, by and with the advice and consent 
of the Senate, 1 additional district judge for the district of Utah.
    (b) Technical and Conforming Amendments.--The table under section 
133(a) of title 28, United States Code, is amended by striking the item 
relating to Utah and inserting the following:

    ``Utah..................................................      6.''.

SEC. 11. BANKRUPTCY JUDGESHIPS.

    (a) Short Title.--This section may be cited as the ``Bankruptcy 
Judgeship Act of 2003''.
    (b) 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.
    (c) Temporary Bankruptcy Judgeships.--
            (1) 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:
                    (A) One additional bankruptcy judgeship for the 
                district of Puerto Rico.
                    (B) One additional bankruptcy judgeship for the 
                northern district of New York.
                    (C) One additional bankruptcy judgeship for the 
                middle district of Pennsylvania.
                    (D) One additional bankruptcy judgeship for the 
                district of Maryland.
                    (E) One additional bankruptcy judgeship for the 
                northern district of Mississippi.
                    (F) One additional bankruptcy judgeship for the 
                southern district of Mississippi.
                    (G) One additional bankruptcy judgeship for the 
                southern district of Georgia.
            (2) Vacancies.--
                    (A) In general.--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) Term expiration.--In the case of a vacancy 
                resulting from the expiration of the term of a 
                bankruptcy judge not described in subparagraph (A), 
                that judge shall be eligible for reappointment as a 
                bankruptcy judge in that district.
            (3) Extension of existing temporary bankruptcy 
        judgeships.--
                    (A) 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.
                    (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 bankruptcy judgeships referred to in this 
                subsection.
    (d) 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.
    (e) Conversion of Existing Temporary Bankruptcy Judgeships.--
            (1) 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.
            (2) 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.
    (f) 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''.




                                                       Calendar No. 102

108th CONGRESS

  1st Session

                                 S. 878

_______________________________________________________________________

                                 A BILL

   To authorize an additional permanent judgeship in the district of 
                     Idaho, and for other purposes.

_______________________________________________________________________

                              May 20, 2003

                       Reported with an amendment