[Congressional Record Volume 158, Number 65 (Wednesday, May 9, 2012)]
[House]
[Pages H2492-H2493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1440
         TEMPORARY BANKRUPTCY JUDGESHIPS EXTENSION ACT OF 2012

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that the Committee on 
the Judiciary be discharged from further consideration of the bill 
(H.R. 4967) to prevent the termination of the temporary office of 
bankruptcy judges in certain judicial districts, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Reed). Is there objection to the request 
of the gentleman from North Carolina?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 4967

       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.--

[[Page H2493]]

       (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.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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