I

106TH CONGRESS

2D SESSION H. R. 5530

To extend for 1 additional year 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.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 24, 2000

Mr. KINGSTON introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To extend for 1 additional year 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Chapter 12 Extension

5 and Bankruptcy Judgeship Act of 2000’’.
2

•HR 5530 IH

1 SEC. 2. EXTENSION OF CHAPTER 12 OF TITLE 11 OF THE

2 UNITED STATES CODE.

3 (a) AMENDMENTS.—Section 149 of title I of division

4 C of Public Law 105–277, as amended by Public Law

5 106–5 and Public Law 106–70, is amended—

6 (1) by striking ‘‘July 1, 2000’’ each place it ap7 pears and inserting ‘‘July 1, 2001’’; and

8 (2) in subsection (a)—

9 (A) by striking ‘‘September 30, 1999’’ and

10 inserting ‘‘June 30, 2000’’; and

11 (B) by striking ‘‘October 1, 1999’’ and in12 serting ‘‘July 1, 2000’’.

13 (b) EFFECTIVE DATE.—

14 The amendments made by subsection (a) shall take

15 effect on July 1, 2000.

16 SEC. 3. BANKRUPTCY JUDGESHIPS.

17 (a) TEMPORARY JUDGESHIPS.—

18 (1) APPOINTMENTS.—The following bankruptcy

19 judges shall be appointed in the manner prescribed

20 in section 152(a)(1) of title 28, United States Code,

21 for the appointment of bankruptcy judges provided

22 for in section 152(a)(2) of such title:

23 (A) One additional bankruptcy judge for

24 the eastern district of California.

25 (B) Four additional bankruptcy judges for

26 the central district of California.
3

•HR 5530 IH

1 (C) One additional bankruptcy judge for

2 the district of Delaware.

3 (D) Two additional bankruptcy judges for

4 the southern district of Florida.

5 (E) One additional bankruptcy judge for

6 the southern district of Georgia.

7 (F) Two additional bankruptcy judges for

8 the district of Maryland.

9 (G) One additional bankruptcy judge for

10 the eastern district of Michigan.

11 (H) One additional bankruptcy judge for

12 the southern district of Mississippi.

13 (I) One additional bankruptcy judge for

14 the district of New Jersey.

15 (J) One additional bankruptcy judge for

16 the eastern district of New York.

17 (K) One additional bankruptcy judge for

18 the northern district of New York.

19 (L) One additional bankruptcy judge for

20 the southern district of New York.

21 (M) One additional bankruptcy judge for

22 the eastern district of North Carolina.

23 (N) One additional bankruptcy judge for

24 the eastern district of Pennsylvania.
4

•HR 5530 IH

1 (O) One additional bankruptcy judge for

2 the middle district of Pennsylvania.

3 (P) One additional bankruptcy judge for

4 the district of Puerto Rico.

5 (Q) One additional bankruptcy judge for

6 the western district of Tennessee.

7 (R) One additional bankruptcy judge for

8 the eastern district of Virginia.

9 (2) VACANCIES.—The first vacancy occurring in

10 the office of a bankruptcy judge in each of the judi11 cial districts set forth in paragraph (1) shall not be

12 filled if the vacancy—

13 (A) results from the death, retirement, res14 ignation, or removal of a bankruptcy judge; and

15 (B) occurs 5 years or more after the ap16 pointment date of a bankruptcy judge ap17 pointed under paragraph (1).

18 (b) EXTENSIONS.—

19 (1) IN GENERAL.—The temporary office of

20 bankruptcy judges authorized for the northern dis21 trict of Alabama, the district of Delaware, the dis22 trict of Puerto Rico, the district of South Carolina,

23 and the eastern district of Tennessee under para24 graphs (1), (3), (7), (8), and (9) of section 3(a) of

25 the Bankruptcy Judgeship Act of 1992 (28 U.S.C.
5

•HR 5530 IH

1 152 note) are extended until the first vacancy occur2 ring in the office of a bankruptcy judge in the appli3 cable district resulting from the death, retirement,

4 resignation, or removal of a bankruptcy judge and

5 occurring—

6 (A) 8 years or more after November 8,

7 1993, with respect to the northern district of

8 Alabama;

9 (B) 10 years or more after October 28,

10 1993, with respect to the district of Delaware;

11 (C) 8 years or more after August 29,

12 1994, with respect to the district of Puerto

13 Rico;

14 (D) 8 years or more after June 27, 1994,

15 with respect to the district of South Carolina;

16 and

17 (E) 8 years or more after November 23,

18 1993, with respect to the eastern district of

19 Tennessee.

20 (2) APPLICABILITY OF OTHER PROVISIONS.—

21 Except as provided in paragraph (1), section 3 of

22 the Bankruptcy Judgeship Act of 1992 (28 U.S.C.

23 152 note) shall continue to apply to the temporary

24 office of bankruptcy judges referred to in such para25 graph.
6

•HR 5530 IH

1 (c) TECHNICAL AMENDMENTS.—Section 152(a) of

2 title 28, United States Code, is amended—

3 (1) in paragraph (1) by striking the first sen4 tence and inserting the following:

5 ‘‘Each bankruptcy judge authorized to be appointed

6 for a judicial district as provided in paragraph (2) shall

7 be appointed by the United States court of appeals for

8 the circuit in which such district is located.’’; and

9 (2) in paragraph (2)—

10 (A) in the item relating to the middle dis11 trict of Georgia, by striking ‘‘2’’ and inserting

12 ‘‘3’’; and

13 (B) in the collective item relating to the

14 middle and southern districts of Georgia, by

15 striking ‘‘Middle and Southern . . . . . . 1’’.

Æ