[Congressional Record Volume 158, Number 66 (Thursday, May 10, 2012)]
[Senate]
[Pages S3102-S3103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  PREVENTING THE TERMINATION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate now proceed to the consideration of H.R. 4967, which was 
received from the House and is at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4967) to prevent the termination of the 
     temporary office of bankruptcy judges in certain judicial 
     districts.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I congratulate Senator Coons for a second 
time on the passage of legislation that will reauthorize 30 temporary 
bankruptcy judgeships in districts around the country. I was pleased to 
support Senator Coons' very strong and persistent efforts on this 
important legislation. The Judiciary Committee reported this 
legislation favorably on December 15, 2011.
  The Senate passed the first version of this legislation on April 19. 
Despite the good intentions of everyone involved, a technical error was 
discovered after transmittal to the House of Representatives. Senator 
Coons worked quickly with the House Judiciary Committee to resolve that 
technical issue and, on May 9, the House took up and passed a perfected 
bill.
  As I noted the first time the Senate acted on this legislation, the 
bill we pass today, when enacted, will reauthorize 30 temporary 
judgeships in 14 States and Puerto Rico. All of these positions have 
already expired, and without this legislation, upon retirement or 
departure of the judges in these positions, they could not be filled 
again. Needlessly reducing the resources of our bankruptcy courts does 
nothing but put more pressure on Americans who are already navigating a 
difficult economic environment. This legislation should help avoid that 
and provide some small degree of relief to overburdened bankruptcy 
courts around the country. Quite frankly, I think we should be doing 
more and hope we will continue to make sure the Federal Judiciary has 
the resources it needs to serve all Americans.
  As chairman of the Judiciary Committee, I will note once again my 
concern with a portion of the legislation the Senate passes today. In 
order to secure passage of this legislation, Senator Coburn insisted 
upon adding a section to the bill that purports to tell future Senate 
and House Judiciary Committees how to conduct their business. 
Unfortunately, the perfected bill we pass today retains this provision. 
Senator Coburn's amendment would dictate that before any of these 30 
judgeships could be reauthorized again, the Senate and House Judiciary 
Committee's would be required to take certain steps and require a 
report from the Administrative Office of the United States Courts, AO. 
As a member of the Judiciary Committee, Senator Coburn knows that this 
is precisely what committees do in the ordinary course of

[[Page S3103]]

the consideration of legislation and what was done during the 
development of this legislation. Senator Coons worked with the AO, 
which made recommendations, and with bankruptcy judges in a variety of 
districts to determine where need was greatest. To codify an 
unenforceable mandate nominally imposed on future Congresses is 
unnecessary and unwise.
  Once again I take the opportunity to thank and congratulate Senator 
Coons for his hard work and attention to this issue. This would not be 
passing again without his diligence, focus, and legislative skill. He 
has now done twice what has seemed impossible to do once.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the bill 
be read three times and passed, the motion to reconsider be laid upon 
the table, with no intervening action or debate, and that any 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 4967) was ordered to a third reading, was read the 
third time, and passed.

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