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.

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

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

3 and Bankruptcy Judgeship Act of 2000’’.

4 SEC. 2. AMENDMENTS.

5 (a) EXTENSION OF CHAPTER 12.—Section 149 of

6 title I of division C of Public Law 105–277, as amended

7 by Public Law 106–5 and Public Law 106–70, is

8 amended—

9 (1) by striking ‘‘July 1, 2000’’ each place it ap10 pears and inserting ‘‘June 1, 2001’’; and

11 (2) in subsection (a)—

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

13 inserting ‘‘June 30, 2000’’; and

14 (B) by striking ‘‘October 1, 1999’’ and in15 serting ‘‘July 1, 2000’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall take effect on July 1, 2000.

18 SEC. 3. BANKRUPTCY JUDGESHIPS.

19 (a) TEMPORARY JUDGESHIPS.—

20 (1) APPOINTMENTS.—The following bankruptcy

21 judges shall be appointed in the manner prescribed

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

23 for the appointment of bankruptcy judges provided

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

25 (A) One additional bankruptcy judge for

26 the eastern district of California.
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1 (B) Four additional bankruptcy judges for

2 the central district of California.

3 (C) One additional bankruptcy judge for

4 the district of Delaware.

5 (D) Two additional bankruptcy judges for

6 the southern district of Florida.

7 (E) One additional bankruptcy judge for

8 the southern district of Georgia.

9 (F) Two additional bankruptcy judges for

10 the district of Maryland.

11 (G) One additional bankruptcy judge for

12 the eastern district of Michigan.

13 (H) One additional bankruptcy judge for

14 the southern district of Mississippi.

15 (I) One additional bankruptcy judge for

16 the district of New Jersey.

17 (J) One additional bankruptcy judge for

18 the eastern district of New York.

19 (K) One additional bankruptcy judge for

20 the northern district of New York.

21 (L) One additional bankruptcy judge for

22 the southern district of New York.

23 (M) One additional bankruptcy judge for

24 the eastern district of North Carolina.
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1 (N) One additional bankruptcy judge for

2 the eastern district of Pennsylvania.

3 (O) One additional bankruptcy judge for

4 the middle district of Pennsylvania.

5 (P) One additional bankruptcy judge for

6 the district of Puerto Rico.

7 (Q) One additional bankruptcy judge for

8 the western district of Tennessee.

9 (R) One additional bankruptcy judge for

10 the eastern district of Virginia.

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

12 the office of a bankruptcy judge in each of the judi13 cial districts set forth in paragraph (1) shall not be

14 filled if the vacancy—

15 (A) results from the death, retirement, res16 ignation, or removal of a bankruptcy judge; and

17 (B) occurs 5 years or more after the ap18 pointment date of a bankruptcy judge ap19 pointed under paragraph (1).

20 (b) EXTENSIONS.—

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

22 bankruptcy judges authorized for the northern dis23 trict of Alabama, the district of Delaware, the dis24 trict of Puerto Rico, the district of South Carolina,

25 and the eastern district of Tennessee under para-
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1 graphs (1), (3), (7), (8), and (9) of section 3(a) of

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

3 152 note) are extended until the first vacancy occur4 ring in the office of a bankruptcy judge in the appli5 cable district resulting from the death, retirement,

6 resignation, or removal of a bankruptcy judge and

7 occurring—

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

9 1993, with respect to the northern district of

10 Alabama;

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

12 1993, with respect to the district of Delaware;

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

14 1994, with respect to the district of Puerto

15 Rico;

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

17 with respect to the district of South Carolina;

18 and

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

20 1993, with respect to the eastern district of

21 Tennessee.

22 (2) APPLICABILITY OF OTHER PROVISIONS.—

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

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

25 152 note) shall continue to apply to the temporary
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1 office of bankruptcy judges referred to in such para2 graph.

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

4 title 28, United States Code, is amended—

5 (1) in paragraph (1) by striking the first sen6 tence and inserting the following:

7 ‘‘Each bankruptcy judge authorized to be appointed

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

9 be appointed by the United States court of appeals for

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

11 (2) in paragraph (2)—

12 (A) in the item relating to the middle dis13 trict of Georgia, by striking ‘‘2’’ and inserting

14 ‘‘3’’; and

15 (B) in the collective item relating to the

16 middle and southern districts of Georgia, by

17 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 StatesCode is reenacted; to provide for additional temporary bankruptcy judges; and for other purposes.