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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1821 Reported in Senate (RS)]

                                                       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.

    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 2011.

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 southern district of New York.
                    (K) The eastern district of North Carolina.
                    (L) The eastern district of Pennsylvania.
                    (M) The middle district of Pennsylvania.
                    (N) The district of Puerto Rico.
                    (O) The district of South Carolina.
                    (P) The western district of Tennessee.
                    (Q) The eastern district of Virginia.
                    (R) 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,
                shall not be filled.
                    (B) Central district of california.--The 1st, 2d, 
                and 3d vacancies in the office of 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.
                    (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).

<DELETED>SEC. 3. TEMPORARY JUDGESHIP PAYGO OFFSET.</DELETED>

<DELETED>    (a) Bankruptcy Filing Fees.--Section 1930(a)(3) of title 
28, United States Code, is amended by striking ``$1,000'' and inserting 
``$1,042''.</DELETED>
<DELETED>    (b) United States Trustee System Fund.--Section 589a(b)(2) 
of title 28, United States Code, is amended by striking ``55'' and 
inserting ``52.78''.</DELETED>
<DELETED>    (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 
``23.99''.</DELETED>
<DELETED>    (d) Expenditure Limitation.--Incremental amounts collected 
by reason of the enactment of subsection (a) shall be deposited in a 
special fund in the Treasury of the United States, to be established 
after the date of enactment of this Act. Such amounts 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.</DELETED>
<DELETED>    (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.</DELETED>

SEC. 3. TEMPORARY JUDGESHIP PAYGO OFFSET.

    (a) Bankruptcy Filing Fees.--Section 1930(a)(3) of title 28, United 
States Code, is amended by striking ``$1,000'' and inserting 
``$1,042''.
    (b) Expenditure Limitation.--Incremental amounts collected by 
reason of the enactment of subsection (a) shall be deposited in a 
special fund in the United States Treasury, to be established after the 
date of enactment of this Act. Such amounts 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.
    (c) Effective Date.--This section shall take effect 180 days after 
the date of enactment of this Act.
                                                       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
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