II 

Calendar No. 261 

112TH CONGRESS 

1ST SESSION S. 1821 

To prevent the termination of the temporary office of bankruptcy judges 

in certain judicial districts. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2011 

Mr. COONS (for himself, Mr. ISAKSON, Mr. BURR, Mr. GRAHAM, Mr. CARPER, 

Mrs. HAGAN, Mr. ALEXANDER, Mr. HELLER, Mrs. FEINSTEIN, and Mr. 

NELSON of Florida) introduced the following bill; which was read twice 

and referred to the Committee on the Judiciary 

DECEMBER 15, 2011 

Reported by Mr. LEAHY, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To prevent the termination of the temporary office of 

bankruptcy judges in certain judicial districts. 

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 Temporary Bankruptcy 

5 Judgeships Extension Act of 2011. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 1821 RS

1 SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANK2 RUPTCY JUDGES IN CERTAIN JUDICIAL DIS3 TRICTS. 

4 (a) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

5 AUTHORIZED BY PUBLIC LAW 109–8.— 

6 (1) EXTENSIONS.—The temporary office of 

7 bankruptcy judges authorized for the following dis8 tricts by section 1223(b) of Public Law 109–8 (28 

9 U.S.C. 152 note) are extended until the applicable 

10 vacancy specified in paragraph (2) in the office of a 

11 bankruptcy judge for the respective district occurs: 

12 (A) The central district of California. 

13 (B) The eastern district of California. 

14 (C) The district of Delaware. 

15 (D) The southern district of Florida. 

16 (E) The southern district of Georgia. 

17 (F) The district of Maryland. 

18 (G) The eastern district of Michigan. 

19 (H) The district of New Jersey. 

20 (I) The northern district of New York. 

21 (J) The southern district of New York. 

22 (K) The eastern district of North Carolina. 

23 (L) The eastern district of Pennsylvania. 

24 (M) The middle district of Pennsylvania. 

25 (N) The district of Puerto Rico. 

26 (O) The district of South Carolina. 


jbell on DSK7SPTVN1PROD with BILLS
3 

•S 1821 RS

1 (P) The western district of Tennessee. 

2 (Q) The eastern district of Virginia. 

3 (R) The district of Nevada. 

4 (2) VACANCIES.— 

5 (A) SINGLE VACANCIES.—Except as pro6 vided in subparagraphs (B), (C), (D), and (E), 

7 the 1st vacancy in the office of a bankruptcy 

8 judge for each district specified in paragraph 

9 (1)— 

10 (i) occurring more than 5 years after 

11 the date of the enactment of this Act, and 

12 (ii) resulting from the death, retire13 ment, resignation, or removal of a bank14 ruptcy judge, 

15 shall not be filled. 

16 (B) CENTRAL DISTRICT OF CALIFORNIA.— 

17 The 1st, 2d, and 3d vacancies in the office of 

18 bankruptcy judge for the central district of 

19 California— 

20 (i) occurring 5 years or more after the 

21 date of the enactment of this Act, and 

22 (ii) resulting from the death, retire23 ment, resignation, or removal of a bank24 ruptcy judge, 

25 shall not be filled. 


jbell on DSK7SPTVN1PROD with BILLS
4 

•S 1821 RS

1 (C) DISTRICT OF DELAWARE.—The 1st, 

2 2d, 3d, and 4th vacancies in the office of a 

3 bankruptcy judge for the district of Delaware— 

4 (i) occurring more than 5 years after 

5 the date of the enactment of this Act, and 

6 (ii) resulting from the death, retire7 ment, resignation, or removal of a bank8 ruptcy judge, 

9 shall not be filled. 

10 (D) SOUTHERN DISTRICT OF FLORIDA.— 

11 The 1st and 2d vacancies in the office of a 

12 bankruptcy judge for the southern district of 

13 Florida— 

14 (i) occurring more than 5 years after 

15 the date of the enactment of this Act, and 

16 (ii) resulting from the death, retire17 ment, resignation, or removal of a bank18 ruptcy judge, 

19 shall not be filled. 

20 (E) DISTRICT OF MARYLAND.—The 1st, 

21 2d, and 3d vacancies in the office of a bank22 ruptcy judge for the district of Maryland— 

23 (i) occurring more than 5 years after 

24 the date of the enactment of this Act, and 


jbell on DSK7SPTVN1PROD with BILLS
5 

•S 1821 RS

1 (ii) resulting from the death, retire2 ment, resignation, or removal of a bank3 ruptcy judge, 

4 shall not be filled. 

5 (3) APPLICABILITY OF OTHER PROVISIONS.— 

6 Except as provided in paragraphs (1) and (2), all 

7 other provisions of section 1223(b) of Public Law 

8 109–8 (28 U.S.C. 152 note) remain applicable to the 

9 temporary office of bankruptcy judges referred to in 

10 paragraph (1). 

11 (b) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

12 EXTENDED BY PUBLIC LAW 109–8.— 

13 (1) EXTENSIONS.—The temporary office of 

14 bankruptcy judges authorized by section 3 of the 

15 Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 

16 note) and extended by section 1223(c) of Public Law 

17 109–8 (28 U.S.C. 152 note) for the district of Dela18 ware, the district of Puerto Rico, and the eastern 

19 district of Tennessee are extended until the applica20 ble vacancy specified in paragraph (2) in the office 

21 of a bankruptcy judge for the respective district oc22 curs. 

23 (2) VACANCIES.— 


jbell on DSK7SPTVN1PROD with BILLS
6 

•S 1821 RS

1 (A) DISTRICT OF DELAWARE.—The 5th 

2 vacancy in the office of a bankruptcy judge for 

3 the district of Delaware— 

4 (i) occurring more than 5 years after 

5 the date of the enactment of this Act, and 

6 (ii) resulting from the death, retire7 ment, resignation, or removal of a bank8 ruptcy judge, 

9 shall not be filled. 

10 (B) DISTRICT OF PUERTO RICO.—The 2d 

11 vacancy in the office of a bankruptcy judge for 

12 the district of Puerto Rico— 

13 (i) occurring more than 5 years after 

14 the date of the enactment of this Act, and 

15 (ii) resulting from the death, retire16 ment, resignation, or removal of a bank17 ruptcy judge, 

18 shall not be filled. 

19 (C) EASTERN DISTRICT OF TENNESSEE.— 

20 The 1st vacancy in the office of a bankruptcy 

21 judge for the eastern district of Tennessee— 

22 (i) occurring more than 5 years after 

23 the date of the enactment of this Act, and 


jbell on DSK7SPTVN1PROD with BILLS
7 

•S 1821 RS

1 (ii) resulting from the death, retire2 ment, resignation, or removal of a bank3 ruptcy judge, 

4 shall not be filled. 

5 (3) APPLICABILITY OF OTHER PROVISIONS.— 

6 Except as provided in paragraphs (1) and (2), all 

7 other provisions of section 3 of the Bankruptcy 

8 Judgeship Act of 1992 (28 U.S.C. 152 note) and 

9 section 1223(c) of Public Law 109–8 (28 U.S.C. 

10 152 note) remain applicable to the temporary office 

11 of bankruptcy judges referred to in paragraph (1). 

12 (c) TEMPORARY OFFICE OF THE BANKRUPTCY

13 JUDGE AUTHORIZED BY PUBLIC LAW 102–361 FOR THE

14 MIDDLE DISTRICT OF NORTH CAROLINA.— 

15 (1) EXTENSION.—The temporary office of the 

16 bankruptcy judge authorized by section 3 of the 

17 Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 

18 note) for the middle district of North Carolina is ex19 tended until the vacancy specified in paragraph (2) 

20 occurs. 

21 (2) VACANCY.—The 1st vacancy in the office of 

22 a bankruptcy judge for the middle district of North 

23 Carolina— 

24 (A) occurring more than 5 years after the 

25 date of the enactment of this Act, and 


jbell on DSK7SPTVN1PROD with BILLS
8 

•S 1821 RS

1 (B) resulting from the death, retirement, 

2 resignation, or removal of a bankruptcy judge, 

3 shall not be filled. 

4 (3) APPLICABILITY OF OTHER PROVISIONS.— 

5 Except as provided in paragraphs (1) and (2), all 

6 other provisions of section 3 of the Bankruptcy 

7 Judgeship Act of 1992 (28 U.S.C. 152 note) remain 

8 applicable to the temporary office of the bankruptcy 

9 judge referred to in paragraph (1). 

10 SEC. 3. TEMPORARY JUDGESHIP PAYGO OFFSET. 

11 (a) BANKRUPTCY FILING FEES.—Section 1930(a)(3) 

12 of title 28, United States Code, is amended by striking 

13 ‘‘$1,000’’ and inserting ‘‘$1,042’’. 

14 (b) UNITED STATES TRUSTEE SYSTEM FUND.—Sec15 tion 589a(b)(2) of title 28, United States Code, is amend16 ed by striking ‘‘55’’ and inserting ‘‘52.78’’. 

17 (c) COLLECTION AND DEPOSIT OF MISCELLANEOUS

18 BANKRUPTCY FEES.—Section 406(b) of the Judiciary Ap19 propriations Act, 1990 (28 U.S.C. 1931 note) is amended 

20 by striking ‘‘25’’ and inserting ‘‘23.99’’. 

21 (d) EXPENDITURE LIMITATION.—Incremental 

22 amounts collected by reason of the enactment of sub23 section (a) shall be deposited in a special fund in the 

24 Treasury of the United States, to be established after the 

25 date of enactment of this Act. Such amounts shall be 


jbell on DSK7SPTVN1PROD with BILLS
9 

•S 1821 RS

1 available for the purposes specified in section 1931(a) of 

2 title 28, United States Code, but only to the extent specifi3 cally appropriated by an Act of Congress enacted after the 

4 date of enactment of this Act. 

5 (e) EFFECTIVE DATE.—This section and the amend6 ments made by this section shall take effect 180 days after 

7 the date of enactment of this Act. 

8 SEC. 3. TEMPORARY JUDGESHIP PAYGO OFFSET. 

9 (a) BANKRUPTCY FILING FEES.—Section 1930(a)(3) 

10 of title 28, United States Code, is amended by striking 

11 ‘‘$1,000’’ and inserting ‘‘$1,042’’. 

12 (b) EXPENDITURE LIMITATION.—Incremental 

13 amounts collected by reason of the enactment of subsection 

14 (a) shall be deposited in a special fund in the United States 

15 Treasury, to be established after the date of enactment of 

16 this Act. Such amounts shall be available for the purposes 

17 specified in section 1931(a) of title 28, United States Code, 

18 but only to the extent specifically appropriated by an Act 

19 of Congress enacted after the date of enactment of this Act. 

20 (c) EFFECTIVE DATE.—This section shall take effect 

21 180 days after the date of enactment of this Act. 


jbell on DSK7SPTVN1PROD with BILLS
Calendar No. 261 

112TH CONGRESS 

1ST SESSION S. 1821 

A BILL 

To prevent the termination of the temporary office 

of bankruptcy judges in certain judicial districts. 

DECEMBER 15, 2011 

Reported with an amendment 


jbell on DSK7SPTVN1PROD with BILLS