Chapter 12 Extension and Bankruptcy Judgeship Act of 2000

Summary: Makes this amendment effective as of July 1, 2000 (the previous expiration date).
Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Delaware, Florida, Georgia, Maryland, Michigan, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Tennessee, and Virginia. Provides that the first vacancy occurring in such district five years or more after a judge is appointed under this Act shall not be filled.
Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, and the districts of Delaware, Puerto Rico, and South Carolina, and the eastern district of Tennessee.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chapter 12 Extension and Bankruptcy 
Judgeship Act of 2000''.

SEC. 2. AMENDMENTS.

    (a) Extension of Chapter 12.--Section 149 of title I of division C 
of Public Law 105-277, as amended by Public Law 106-5 and Public Law 
106-70, is amended--
            (1) by striking ``July 1, 2000'' each place it appears and 
        inserting ``June 1, 2001''; and
            (2) in subsection (a)--
                    (A) by striking ``September 30, 1999'' and 
                inserting ``June 30, 2000''; and
                    (B) by striking ``October 1, 1999'' and inserting 
                ``July 1, 2000''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on July 1, 2000.

SEC. 3. BANKRUPTCY JUDGESHIPS.

    (a) Temporary Judgeships.--
            (1) Appointments.--The following bankruptcy judges shall be 
        appointed in the manner prescribed in section 152(a)(1) of 
        title 28, United States Code, for the appointment of bankruptcy 
        judges provided for in section 152(a)(2) of such title:
                    (A) One additional bankruptcy judge for the eastern 
                district of California.
                    (B) Four additional bankruptcy judges for the 
                central district of California.
                    (C) One additional bankruptcy judge for the 
                district of Delaware.
                    (D) Two additional bankruptcy judges for the 
                southern district of Florida.
                    (E) One additional bankruptcy judge for the 
                southern district of Georgia.
                    (F) Two additional bankruptcy judges for the 
                district of Maryland.
                    (G) One additional bankruptcy judge for the eastern 
                district of Michigan.
                    (H) One additional bankruptcy judge for the 
                southern district of Mississippi.
                    (I) One additional bankruptcy judge for the 
                district of New Jersey.
                    (J) One additional bankruptcy judge for the eastern 
                district of New York.
                    (K) One additional bankruptcy judge for the 
                northern district of New York.
                    (L) One additional bankruptcy judge for the 
                southern district of New York.
                    (M) One additional bankruptcy judge for the eastern 
                district of North Carolina.
                    (N) One additional bankruptcy judge for the eastern 
                district of Pennsylvania.
                    (O) One additional bankruptcy judge for the middle 
                district of Pennsylvania.
                    (P) One additional bankruptcy judge for the 
                district of Puerto Rico.
                    (Q) One additional bankruptcy judge for the western 
                district of Tennessee.
                    (R) One additional bankruptcy judge for the eastern 
                district of Virginia.
            (2) Vacancies.--The first vacancy occurring in the office 
        of a bankruptcy judge in each of the judicial districts set 
        forth in paragraph (1) shall not be filled if the vacancy--
                    (A) results from the death, retirement, 
                resignation, or removal of a bankruptcy judge; and
                    (B) occurs 5 years or more after the appointment 
                date of a bankruptcy judge appointed under paragraph 
                (1).
    (b) Extensions.--
            (1) In general.--The temporary office of bankruptcy judges 
        authorized for the northern district of Alabama, the district 
        of Delaware, the district of Puerto Rico, the district of South 
        Carolina, and the eastern district of Tennessee under 
        paragraphs (1), (3), (7), (8), and (9) of section 3(a) of the 
        Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are 
        extended until the first vacancy occurring in the office of a 
        bankruptcy judge in the applicable district resulting from the 
        death, retirement, resignation, or removal of a bankruptcy 
        judge and occurring--
                    (A) 8 years or more after November 8, 1993, with 
                respect to the northern district of Alabama;
                    (B) 10 years or more after October 28, 1993, with 
                respect to the district of Delaware;
                    (C) 8 years or more after August 29, 1994, with 
                respect to the district of Puerto Rico;
                    (D) 8 years or more after June 27, 1994, with 
                respect to the district of South Carolina; and
                    (E) 8 years or more after November 23, 1993, with 
                respect to the eastern district of Tennessee.
            (2) Applicability of other provisions.--Except as provided 
        in paragraph (1), section 3 of the Bankruptcy Judgeship Act of 
        1992 (28 U.S.C. 152 note) shall continue to apply to the 
        temporary office of bankruptcy judges referred to in such 
        paragraph.
    (c) Technical Amendments.--Section 152(a) of title 28, United 
States Code, is amended--
            (1) in paragraph (1) by striking the first sentence and 
        inserting the following:
    ``Each bankruptcy judge authorized to be appointed for a judicial 
district as provided in paragraph (2) shall be appointed by the United 
States court of appeals for the circuit in which such district is 
located.''; and
            (2) in paragraph (2)--
                    (A) in the item relating to the middle district of 
                Georgia, by striking ``2'' and inserting ``3''; and
                    (B) in the collective item relating to the middle 
                and southern districts of Georgia, by striking ``Middle 
                and Southern . . . . . . 1''.

            Passed the House of Representatives October 31, 2000.

            Attest:

                                                                 Clerk.
106th CONGRESS

  2d Session

                               H. R. 5540

_______________________________________________________________________

                                 AN ACT

 To extend for 11 additional months the period for which chapter 12 of 
    title 11 of the United States Code is reenacted; to provide for 
    additional temporary bankruptcy judges; and for other purposes.