[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4967 Received in Senate (RDS)]
112th CONGRESS
2d Session
H. R. 4967
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2012
Received
_______________________________________________________________________
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.
Passed the House of Representatives May 9, 2012.
Attest:
KAREN L. HAAS,
Clerk.