[Congressional Record (Bound Edition), Volume 158 (2012), Part 4]
[Senate]
[Pages 5206-5207]
[From the U.S. Government Publishing Office, www.gpo.gov]




         TEMPORARY BANKRUPTCY JUDGESHIPS EXTENSION ACT OF 2011

  Mr. REID. I ask unanimous consent that the Judiciary Committee be 
discharged from further consideration of H.R. 1021.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1021) 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 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. I am glad to see the Senate finally 
being allowed to act.
  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.
  As Chairman of the Judiciary Committee, I will note one concern with 
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. 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 this is precisely what committees do in the 
ordinary course of 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.
  I thank and congratulate Senator Coons for his hard work and 
attention to this issue. This would not be passing

[[Page 5207]]

without his diligence, focus, and legislative skill. He has done what 
has seemed impossible.
  Mr. REID. I ask unanimous consent that a Coons amendment, which is at 
the desk, be agreed to, the bill as amended be read a third time and 
passed, the motions to reconsider be laid upon the table, with no 
intervening action or debate, and any statements related to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2084) was agreed to, as follows:


                           AMENDMENT NO. 2084

     (Purpose: To address bankruptcy filing fee increases, future 
               reauthorizations, and for other purposes)

       Strike section 3 and insert the following:

     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 amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 1021), as amended, was read the third time and passed, 
as follows:

                               H.R. 1021

       Resolved, That the bill from the House of Representatives 
     (H.R. 1021) entitled ``An Act to prevent the termination of 
     the temporary office of bankruptcy judges in certain judicial 
     districts.'', do pass with the following amendment:
       Strike section 3 and insert the following:

     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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