[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4967 Enrolled Bill (ENR)]

        H.R.4967

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve


                                 An Act


 
To prevent the termination of the temporary office of bankruptcy judges 
                     in certain judicial districts.

    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 ``Temporary Bankruptcy Judgeships 
Extension Act of 2012''.
SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN 
JUDICIAL DISTRICTS.
    (a) Temporary Office of Bankruptcy Judges Authorized by Public Law 
109-8.--
        (1) Extensions.--The temporary office of bankruptcy judges 
    authorized for the following districts by section 1223(b) of Public 
    Law 109-8 (28 U.S.C. 152 note) are extended until the applicable 
    vacancy specified in paragraph (2) in the office of a bankruptcy 
    judge for the respective district occurs:
            (A) The central district of California.
            (B) The eastern district of California.
            (C) The district of Delaware.
            (D) The southern district of Florida.
            (E) The southern district of Georgia.
            (F) The district of Maryland.
            (G) The eastern district of Michigan.
            (H) The district of New Jersey.
            (I) The northern district of New York.
            (J) The eastern district of North Carolina.
            (K) The eastern district of Pennsylvania.
            (L) The middle district of Pennsylvania.
            (M) The district of Puerto Rico.
            (N) The district of South Carolina.
            (O) The western district of Tennessee.
            (P) The eastern district of Virginia.
            (Q) The district of Nevada.
        (2) Vacancies.--
            (A) Single vacancies.--Except as provided in subparagraphs 
        (B), (C), (D), and (E), the 1st vacancy in the office of a 
        bankruptcy judge for each district specified in paragraph (1)--
                (i) occurring more than 5 years after the date of the 
            enactment of this Act, and
                (ii) resulting from the death, retirement, resignation, 
            or removal of a bankruptcy judge,
        shall not be filled.
            (B) Central district of california.--The 1st, 2d, and 3d 
        vacancies in the office of a bankruptcy judge for the central 
        district of California--
                (i) occurring 5 years or more after the date of the 
            enactment of this Act, and
                (ii) resulting from the death, retirement, resignation, 
            or removal of a bankruptcy judge,
        shall not be filled.
            (C) District of delaware.--The 1st, 2d, 3d, and 4th 
        vacancies in the office of a bankruptcy judge for the district 
        of Delaware--
                (i) occurring more than 5 years after the date of the 
            enactment of this Act, and
                (ii) resulting from the death, retirement, resignation, 
            or removal of a bankruptcy judge,
        shall not be filled.
            (D) Southern district of florida.--The 1st and 2d vacancies 
        in the office of a bankruptcy judge for the southern district 
        of Florida--
                (i) occurring more than 5 years after the date of the 
            enactment of this Act, and
                (ii) resulting from the death, retirement, resignation, 
            or removal of a bankruptcy judge,
        shall not be filled.
            (E) District of maryland.--The 1st, 2d, and 3d vacancies in 
        the office of a bankruptcy judge for the district of Maryland--
                (i) occurring more than 5 years after the date of the 
            enactment of this Act, and
                (ii) resulting from the death, retirement, resignation, 
            or removal of a bankruptcy judge,
        shall not be filled.
        (3) Applicability of other provisions.--Except as provided in 
    paragraphs (1) and (2), all other provisions of section 1223(b) of 
    Public Law 109-8 (28 U.S.C. 152 note) remain applicable to the 
    temporary office of bankruptcy judges referred to in paragraph (1).
    (b) Temporary Office of Bankruptcy Judges Extended by Public Law 
109-8.--
        (1) Extensions.--The temporary office of bankruptcy judges 
    authorized by section 3 of the Bankruptcy Judgeship Act of 1992 (28 
    U.S.C. 152 note) and extended by section 1223(c) of Public Law 109-
    8 (28 U.S.C. 152 note) for the district of Delaware, the district 
    of Puerto Rico, and the eastern district of Tennessee are extended 
    until the applicable vacancy specified in paragraph (2) in the 
    office of a bankruptcy judge for the respective district occurs.
        (2) Vacancies.--
            (A) District of delaware.--The 5th vacancy in the office of 
        a bankruptcy judge for the district of Delaware--
                (i) occurring more than 5 years after the date of the 
            enactment of this Act, and
                (ii) resulting from the death, retirement, resignation, 
            or removal of a bankruptcy judge,
        shall not be filled.
            (B) District of puerto rico.--The 2d vacancy in the office 
        of a bankruptcy judge for the district of Puerto Rico--
                (i) occurring more than 5 years after the date of the 
            enactment of this Act, and
                (ii) resulting from the death, retirement, resignation, 
            or removal of a bankruptcy judge,
        shall not be filled.
            (C) Eastern district of tennessee.--The 1st vacancy in the 
        office of a bankruptcy judge for the eastern district of 
        Tennessee--
                (i) occurring more than 5 years after the date of the 
            enactment of this Act, and
                (ii) resulting from the death, retirement, resignation, 
            or removal of a bankruptcy judge,
        shall not be filled.
        (3) Applicability of other provisions.--Except as provided in 
    paragraphs (1) and (2), all other provisions of section 3 of the 
    Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and section 
    1223(c) of Public Law 109-8 (28 U.S.C. 152 note) remain applicable 
    to the temporary office of bankruptcy judges referred to in 
    paragraph (1).
    (c) Temporary Office of the Bankruptcy Judge Authorized by Public 
Law 102-361 for the Middle District of North Carolina.--
        (1) Extension.--The temporary office of the bankruptcy judge 
    authorized by section 3 of the Bankruptcy Judgeship Act of 1992 (28 
    U.S.C. 152 note) for the middle district of North Carolina is 
    extended until the vacancy specified in paragraph (2) occurs.
        (2) Vacancy.--The 1st vacancy in the office of a bankruptcy 
    judge for the middle district of North Carolina--
            (A) occurring more than 5 years after the date of the 
        enactment of this Act, and
            (B) resulting from the death, retirement, resignation, or 
        removal of a bankruptcy judge,
    shall not be filled.
        (3) Applicability of other provisions.--Except as provided in 
    paragraphs (1) and (2), 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 the bankruptcy judge referred 
    to in paragraph (1).
SEC. 3. BANKRUPTCY FILING FEE INCREASE.
    (a) Bankruptcy Filing Fees.--Section 1930(a)(3) of title 28, United 
States Code, is amended by striking ``$1,000'' and inserting 
``$1,167''.
    (b) United States Trustee System Fund.--Section 589a(b)(2) of title 
28, United States Code, is amended by striking ``55'' and inserting 
``48.89''.
    (c) Collection and Deposit of Miscellaneous Bankruptcy Fees.--
Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 
1931 note) is amended by striking ``25'' and inserting ``33.33''.
    (d) Paygo Offset Expenditure Limitation.--$42 of the incremental 
amounts collected by reason of the enactment of subsection (a) shall be 
deposited in a special fund in the Treasury to be established after the 
date of enactment of this Act. Such amounts shall be available for the 
purposes specified in section 1931(a) of title 28, United States Code, 
but only to the extent specifically appropriated by an Act of Congress 
enacted after the date of enactment of this Act.
    (e) Effective Date.--This section and the amendments made by this 
section shall take effect 180 days after the date of enactment of this 
Act.
SEC. 4. SUBSEQUENT REAUTHORIZATION.
    Prior to further reauthorization of any judgeship authorized by 
this Act, the Committee on the Judiciary of the Senate and House of 
Representatives shall conduct a review of the bankruptcy judgeships 
authorized by this Act to determine the need, if any, for continued 
reauthorization of each judgeship, to evaluate any changes in all 
bankruptcy case filings and their effect, if any, on filing fee 
revenue, and to require the Administrative Office of the Courts to 
submit a report to the Committee on the Judiciary of the Senate and 
House of Representatives on bankruptcy case workload, bankruptcy 
judgeship costs, and filing fee revenue.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.