[Congressional Record Volume 166, Number 208 (Wednesday, December 9, 2020)]
[Senate]
[Pages S7328-S7330]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION
By Ms. HIRONO:
S. 4986. A bill to prevent an unintended drop in Social Security
benefits due to COVID-19 and the application of the National Average
Wage Index, and improve Social Security and Supplemental Security
Income benefits on an emergency basis; to the Committee on Finance.
Ms. HIRONO. Mr. President, during the last year Americans everywhere
have experienced the health, social, and economic impacts of COVID-19.
Millions of workers and families have experienced unemployment or
underemployment, and millions more have struggled to cover rent,
utilities, groceries, and other everyday living expenses.
People in Hawaii have fully experienced these challenges. We went
from having one of the lowest to one of the highest unemployment rates
in the United States. At the height of the pandemic in May, Hawaii's
unemployment rate reached 23.5 percent--an unprecedented number for our
state.
Family-owned businesses have closed, in many cases permanently,
putting pressure on those families, their employees, and the
communities they serve. Larger and medium-sized businesses have also
closed, meaning furloughs, fewer hours, and reduced wages for their
employees.
Because of this, many families have had to make difficult decisions
regarding their household finances.
Some families have had to use whatever limited resources they have
saved over the years, including retirement savings, to keep their heads
above water. Others have had to find different ways to make ends meet
and pay their bills--despite fewer hours and reduced wages.
Simply put, the economic downturn has been widespread, deeply-felt,
and shared. 2020 has been a difficult year, and businesses, workers,
and families will continue to feel its effects for many years to come.
Congress needs to continue its work to provide relief for workers and
families, so today I am introducing the Social Security COVID
Correction and Equity Act.
Specifically, this bill would provide temporary emergency relief for
individuals who rely on Social Security, including retirees, disabled
workers, dependent children and grandchildren, and others.
Separately, the bill would also make a technical correction (or
``fix'') to the Social Security ``notch'' to make sure individuals who
turn 60 this year (those in the ``1960 cohort'') are not unnecessarily
penalized for the recent economic downturn.
Social Security benefits are calculated based on an individual's
lifetime earnings, but are indexed to account for wage increases over
time. As a result, lower wages this year will mean permanently lower
benefits for certain beneficiaries unless Congress acts. This bill
addresses how wages are indexed to calculate earnings when determining
benefits.
By some estimates, the downturn could reduce benefits by around $960
per year for the average worker.
Preventing these reductions is a bipartisan issue, and I hope we can
work together to address the issue for the millions of individuals who
would be affected nationwide--including the 17,800 seniors in Hawaii
who turn 60 this year.
While most of these individuals will not receive their benefits for
another two years, future retirees and other beneficiaries are
concerned about the issue now, and we have an opportunity to provide
them with some certainty during these difficult times.
Workers and families are hurting now, and we need to do what we can
to prevent them from being harmed in the future too.
I encourage my colleagues to support this important bill.
I yield the floor.
______
By Mr. GRAHAM (for himself, Mr. Coons, Mr. Rubio, Mr. Cardin,
Mrs. Blackburn, and Mr. Carper):
S. 4996. A bill to ensure funding of the United States trustees,
extend temporary bankruptcy judgeships, and for other purposes;
considered and passed.
S. 4996
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 ``Bankruptcy Administration
Improvement Act of 2020''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Because of the importance of the goal that the
bankruptcy system is self-funded, at no cost to the taxpayer,
Congress has closely monitored the funding needs of the
bankruptcy system, including by requiring periodic reporting
by the Attorney General regarding the United States Trustee
System Fund.
(2) Congress has amended the various bankruptcy fees as
necessary to ensure that the bankruptcy system remains self-
supporting, while also fairly allocating the costs of the
system among those who use the system.
(3) Because the bankruptcy system is interconnected, the
result has been a system of fees, including filing fees,
quarterly fees in chapter 11 cases, and other fees, that
together fund the courts, judges, United States trustees, and
chapter 7 case trustees necessary for the bankruptcy system
to function.
(4) This Act and the amendments made by this Act--
(A) ensure adequate funding of the United States trustees,
supports the preservation of existing bankruptcy judgeships
that are urgently needed to handle existing and anticipated
increases in business and consumer caseloads, and provides
long-overdue additional compensation for chapter 7 case
trustees whose caseloads include chapter 11 reorganization
cases that were converted to chapter 7 liquidation cases; and
(B) confirm the longstanding intention of Congress that
quarterly fee requirements remain consistent across all
Federal judicial districts.
(b) Purpose.--The purpose of this Act and the amendments
made by this Act is to further the long-standing goal of
Congress of ensuring that the bankruptcy system is self-
funded, at no cost to the taxpayer.
SEC. 3. UNITED STATES TRUSTEE SYSTEM FUND; BANKRUPTCY FEES.
(a) Deposits of Certain Fees for Fiscal Years 2021 Through
2026.--Notwithstanding section 589a(b) of title 28, United
States Code, for each of fiscal years 2021 through 2026--
[[Page S7329]]
(1) the fees collected under section 1930(a)(6) of such
title, less the amount specified in subparagraph (2), shall
be deposited as specified in subsection (b); and
(2) $5,400,000 of the fees collected under section
1930(a)(6) of such title shall be deposited in the general
fund of the Treasury.
(b) United States Trustee System Fund.--Section 589a of
title 28, United States Code, is amended by adding at the end
the following:
``(f)(1) During each of fiscal years 2021 through 2026 and
notwithstanding subsections (b) and (c), the fees collected
under section 1930(a)(6), less the amount specified in
paragraph (2), shall be deposited as follows, in the
following order:
``(A) First, the amounts specified in the Department of
Justice appropriations for that fiscal year, shall be
deposited as discretionary offsetting collections to the
``United States Trustee System Fund'', pursuant to subsection
(a), to remain available until expended.
``(B) Second, the amounts determined annually by the
Director of the Administrative Office of the United States
Courts that are necessary to reimburse the judiciary for the
costs of administering payments under section 330(e) of title
11, shall be deposited as mandatory offsetting collections to
the `United States Trustee System Fund', and transferred and
deposited into the special fund established under section
1931(a), and notwithstanding subsection (a), shall be
available for expenditure without further appropriation.
``(C) Third, the amounts determined annually by the
Director of the Administrative Office of the United States
Courts that are necessary to pay trustee compensation
authorized by section 330(e)(2) of title 11, shall be
deposited as mandatory offsetting collections to the `United
States Trustee System Fund', and transferred and deposited
into the Chapter 7 Trustee Fund established under section
330(e) of title 11 for payment to trustees serving in cases
under chapter 7 of title 11 (in addition to the amounts paid
under section 330(b) of title 11), in accordance with that
section, and notwithstanding subsection (a), shall be
available for expenditure without further appropriation.
``(D) Fourth, any remaining amounts shall be deposited as
discretionary offsetting collections to the `United States
Trustee System Fund', to remain available until expended.
``(2) Notwithstanding subsection (b), for each of fiscal
years 2021 through 2026, $5,400,000 of the fees collected
under section 1930(a)(6) shall be deposited in the general
fund of the Treasury.''.
(c) Compensation of Officers.--Section 330 of title 11,
United States Code, is amended by adding at the end the
following:
``(e)(1) There is established a fund in the Treasury of the
United States, to be known as the `Chapter 7 Trustee Fund',
which shall be administered by the Director of the
Administrative Office of the United States Courts.
``(2) Deposits into the Chapter 7 Trustee Fund under
section 589a(f)(1)(C) of title 28 shall be available until
expended for the purposes described in paragraph (3).
``(3) For fiscal years 2021 through 2026, the Chapter 7
Trustee Fund shall be available to pay the trustee serving in
a case that is filed under chapter 7 or a case that is
converted to a chapter 7 case in the most recent fiscal year
(referred to in this subsection as a `chapter 7 case') the
amount described in paragraph (4) for the chapter 7 case in
which the trustee has rendered services in that fiscal year.
``(4) The amount described in this paragraph shall be the
lesser of--
``(A) $60; or
``(B) a pro rata share, for each chapter 7 case, of the
fees collected under section 1930(a)(6) of title 28 and
deposited to the United States Trustee System Fund under
section 589a(f)(1) of title 28, less the amounts specified in
section 589a(f)(1)(A) and (B) of title 28.
``(5) The payment received by a trustee under paragraph (3)
shall be paid in addition to the amount paid under subsection
(b).
``(6) Not later than September 30, 2021, the Director of
the Administrative Office of the United States Courts shall
promulgate regulations for the administration of this
subsection.''.
(d) Bankruptcy Fees.--Section 1930(a) of title 28, United
States Code, is amended--
(1) by striking paragraph (6)(B) and inserting the
following:
``(B)(i) During the 5-year period beginning on January 1,
2021, in addition to the filing fee paid to the clerk, a
quarterly fee shall be paid to the United States trustee, for
deposit in the Treasury, in each open and reopened case under
chapter 11 of title 11, other than under subchapter V, for
each quarter (including any fraction thereof) until the case
is closed, converted, or dismissed, whichever occurs first.
``(ii) The fee shall be the greater of--
``(I) 0.4 percent of disbursements or $250 for each quarter
in which disbursements total less than $1,000,000; and
``(II) 0.8 percent of disbursements but not more than
$250,000 for each quarter in which disbursements total at
least $1,000,000.
``(iii) The fee shall be payable on the last day of the
calendar month following the calendar quarter for which the
fee is owed.''; and
(2) in paragraph (7), in the first sentence, by striking
``may'' and inserting ``shall''.
(e) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of enactment of this Act.
(2) Exceptions.--
(A) Compensation of officers.--The amendments made by
subsection (c) shall apply to any case filed on or after the
date of enactment of this Act--
(i) under chapter 7 of title 11, United States Code; or
(ii)(I) under chapter 11, 12, or 13 of that title; and
(II) converted to a chapter 7 case under that title.
(B) Bankruptcy fees.--The amendments made by subsection (d)
shall apply to--
(i) any case pending under chapter 11 of title 11, United
States Code, on or after the date of enactment of this Act;
and
(ii) quarterly fees payable under section 1930(a)(6) of
title 28, United States Code, as amended by subsection (d),
for disbursements made in any calendar quarter that begins on
or after the date of enactment of this Act.
SEC. 4. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN
CERTAIN JUDICIAL DISTRICTS.
(a) Temporary Office of Bankruptcy Judges Authorized by the
Bankruptcy Judgeship Act of 2017.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized by section 1003(a) of the Bankruptcy Judgeship Act
of 2017 (28 U.S.C. 152 note) for the district of Delaware and
the eastern district of Michigan 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 1st and 2d vacancies in the
office of a bankruptcy judge for the district of Delaware--
(i) occurring 5 years or more after the date established by
section 1003(b)(1) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(B) Eastern district of michigan.--The 1st vacancy in the
office of a bankruptcy judge for the eastern district of
Michigan--
(i) occurring 5 years or more after the date established by
section 1003(b)(3) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), 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
1003 of the Bankruptcy Judgeship Act of 2017 (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 Authorized by the
Bankruptcy Judgeship Act of 2005 and Extended by the
Temporary Bankruptcy Judgeships Extension Act of 2012 and the
Bankruptcy Judgeship Act of 2017.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized for the following districts by section 1223(b) of
the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note),
extended by section 2(a) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note), and
further extended by section 1002(a) of the Bankruptcy
Judgeship Act of 2017 (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 district of Delaware.
(B) The southern district of Florida.
(C) The district of Maryland.
(D) The eastern district of Michigan.
(E) The district of Nevada.
(F) The eastern district of North Carolina.
(G) The district of Puerto Rico.
(H) The eastern district of Virginia.
(2) Vacancies.--
(A) Single vacancies.--Except as provided in subparagraphs
(B), (C), (D), (E), and (F), the 1st vacancy in the office of
a bankruptcy judge for each district specified in paragraph
(1)--
(i) occurring 5 years or more after the date established by
section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(B) District of delaware.--The 3d, 4th, 5th, and 6th
vacancies in the office of a bankruptcy judge for the
district of Delaware--
(i) occurring 5 years or more after the date established by
section 1002(a)(2) of Bankruptcy Judgeship Act of 2017 (28
U.S.C. 152 note), and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(C) Southern district of florida.--The 1st and 2d vacancies
in the office of a bankruptcy judge for the southern district
of Florida--
(i) occurring 5 years or more after the date established by
section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), and
[[Page S7330]]
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(D) District of maryland.--The 1st vacancy in the office of
a bankruptcy judge for the district of Maryland--
(i) occurring 5 years or more after the date established by
section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(E) Eastern district of michigan.--The 2d vacancy in the
office of a bankruptcy judge for the eastern district of
Michigan--
(i) occurring 5 years or more after the date established by
section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(F) District of puerto rico.--The 1st vacancy in the office
of a bankruptcy judge for the district of Puerto Rico--
(i) occurring 5 years or more after the date established by
section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), 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 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152
note), section 2 of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note), and section 1002
of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note)
remain applicable to the temporary office of bankruptcy
judges referred to in paragraph (1).
(c) Temporary Office of Bankruptcy Judges Authorized by the
Bankruptcy Judgeship Act of 2005 and Extended by the
Temporary Bankruptcy Judgeships Extension Act of 2012.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized for the following districts by section 1223(b) of
the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and
extended by section 2(a) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (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 southern district of Georgia.
(B) The district of Maryland.
(C) The district of New Jersey.
(D) The northern district of New York.
(E) The district of South Carolina.
(2) Vacancies.--
(A) Single vacancies.--Except as provided in subparagraph
(B), the 1st vacancy in the office of a bankruptcy judge for
each district specified in paragraph (1)--
(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.
(B) District of maryland.--The 2d and 3d vacancies in the
office of a bankruptcy judge for the district of Maryland--
(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.
(3) Applicability of other provisions.--Except as provided
in paragraphs (1) and (2), all other provisions of section
1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152
note) and section 2 of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note) remain applicable
to the temporary office of bankruptcy judges referred to in
paragraph (1).
(d) Temporary Office of Bankruptcy Judges Authorized by the
Bankruptcy Judgeship Act of 1992 and Extended by the
Bankruptcy Judgeship Act of 2005, the Temporary Bankruptcy
Judgeships Extension Act of 2012, and the Bankruptcy
Judgeship Act of 2017.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized by section 3(a) of the Bankruptcy Judgeship Act of
1992 (28 U.S.C. 152 note), extended by section 1223(c) of
Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note),
extended by section 2(b) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note), and
further extended by section 1002(b) of the Bankruptcy
Judgeship Act of 2017 (28 U.S.C. 152 note) for the district
of Delaware and the district of Puerto Rico 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 7th vacancy in the office of
a bankruptcy judge for the district of Delaware--
(i) occurring 5 years or more after the date established by
section 1002(b)(2) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), 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 5 years or more after the date established by
section 1002(b)(2) of the Bankruptcy Judgeship Act of 2017
(28 U.S.C. 152 note), 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),
section 1223 of Bankruptcy Judgeship Act of 2005 (28 U.S.C.
152 note), section 2 of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note), and section 1002
of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note)
remain applicable to the temporary office of bankruptcy
judges referred to in paragraph (1).
(e) Temporary Office of Bankruptcy Judge Authorized by the
Bankruptcy Judgeship Act of 1992 and Extended by the
Bankruptcy Judgeship Act of 2005 and the Temporary Bankruptcy
Judgeships Extension Act of 2012.--
(1) Extensions.--The temporary office of bankruptcy judge
authorized by section 3(a) of the Bankruptcy Judgeship Act of
1992 (28 U.S.C. 152 note), extended by section 1223(c) of the
Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), and
further extended by section 2(b) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note) for the
eastern district of Tennessee is extended until the
applicable vacancy specified in paragraph (2) in the office
of a bankruptcy judge for the district occurs.
(2) Vacancy.--The 1st vacancy in the office of a bankruptcy
judge for the eastern district of Tennessee--
(A) occurring 5 years or more 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),
section 1223 of the Bankruptcy Judgeship Act of 2005 (28
U.S.C. 152 note), and section 2 of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain
applicable to the temporary office of bankruptcy judge
referred to in paragraph (1).
(f) Temporary Office of Bankruptcy Judge Authorized by the
Bankruptcy Judgeship Act of 1992 and Extended by the
Temporary Bankruptcy Judgeships Extension Act of 2012.--
(1) Extensions.--The temporary office of bankruptcy judge
authorized by section 3(a) of the Bankruptcy Judgeship Act of
1992 (28 U.S.C. 152 note) and extended by section 2(c) of the
Temporary Bankruptcy Judgeships Extension Act of 2012 (28
U.S.C. 152 note) for the middle district of North Carolina is
extended until the applicable vacancy specified in paragraph
(2) in the office of a bankruptcy judge for the district
occurs.
(2) Vacancy.--The 1st vacancy in the office of a bankruptcy
judge for the middle district of North Carolina--
(A) occurring 5 years or more 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)
and section 2 of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note) (28 U.S.C. 152
note) remain applicable to the temporary office of bankruptcy
judge referred to in paragraph (1).
SEC. 5. REGULATIONS.
Section 375(h) of title 28, United States Code, is amended
by striking ``may'' and inserting ``shall''.
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