[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4967 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4967

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2012

Mr. Smith of Texas (for himself, Mr. Cohen, Mr. Coble, and Mr. Conyers) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
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.
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