United States Statutes at Large, Volume 126, 112th Congress, 2nd Session

[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-121
112th Congress

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,

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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.

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(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

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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.

Approved May 25, 2012.

LEGISLATIVE HISTORY--H.R. 4967 (S. 1821):
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CONGRESSIONAL RECORD, Vol. 158 (2012):
May 9, considered and passed House.
May 10, considered and passed Senate.