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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 193 Reported in Senate (RS)]

                                                       Calendar No. 471
111th CONGRESS
  2d Session
                                 S. 193

   To create and extend certain temporary district court judgeships.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2009

 Mrs. Feinstein (for herself, Mr. Brownback, Mr. Inouye, Mr. Roberts, 
   Mr. Akaka, Mr. Voinovich, Mrs. Boxer, Mr. Johanns, Mr. Nelson of 
 Nebraska, and Mr. Brown of Ohio) introduced the following bill; which 
     was read twice and referred to the Committee on the Judiciary

                             July 21, 2010

 Reported by Mr. Leahy, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To create and extend certain temporary district court judgeships.

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

<DELETED>SECTION 1. TEMPORARY JUDGESHIPS FOR DISTRICT COURTS.</DELETED>

<DELETED>    (a) Additional Temporary Judgeships.--</DELETED>
        <DELETED>    (1) In general.--The President shall appoint, by 
        and with the advice and consent of the Senate--</DELETED>
                <DELETED>    (A) 1 additional district judge for the 
                eastern district of California; and</DELETED>
                <DELETED>    (B) 1 additional district judge for the 
                district of Nebraska.</DELETED>
        <DELETED>    (2) Vacancies not filled.--The first vacancy in 
        the office of district judge in each of the offices of district 
        judge authorized by this subsection, occurring 10 years or more 
        after the confirmation date of the judge named to fill the 
        temporary district judgeship created in the applicable district 
        by this subsection, shall not be filled.</DELETED>
<DELETED>    (b) Extension of Certain Temporary Judgeships.--Section 
203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 
U.S.C. 133 note) is amended--</DELETED>
        <DELETED>    (1) in the second sentence, by inserting ``the 
        district of Hawaii,'' after ``Pennsylvania,'';</DELETED>
        <DELETED>    (2) in the third sentence (relating to the 
        district of Kansas), by striking ``17 years'' and inserting 
        ``26 years'';</DELETED>
        <DELETED>    (3) in the fifth sentence (relating to the 
        northern district of Ohio), by striking ``17 years'' and 
        inserting ``25 years''; and</DELETED>
        <DELETED>    (4) by inserting ``The first vacancy in the office 
        of district judge in the district of Hawaii occurring 20 years 
        or more after the confirmation date of the judge named to fill 
        the temporary judgeship created under this subsection shall not 
        be filled.'' after the sixth sentence.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Temporary Judgeships and Bankruptcy 
Judgeships Act of 2010''.

           TITLE I--TEMPORARY JUDGESHIPS FOR DISTRICT COURTS

SEC. 101. TEMPORARY JUDGESHIPS FOR DISTRICT COURTS.

    (a) Additional Temporary Judgeships.--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate--
                    (A) 1 additional district judge for the eastern 
                district of California; and
                    (B) 1 additional district judge for the district of 
                Nebraska.
            (2) Vacancies not filled.--The first vacancy in the office 
        of district judge in each of the offices of district judge 
        authorized by this subsection, occurring 10 years or more after 
        the confirmation date of the judge named to fill the temporary 
        district judgeship created in the applicable district by this 
        subsection, shall not be filled.
    (b) Extension of Certain Temporary Judgeships.--
            (1) Judicial improvements act of 1990.--Section 203(c) of 
        the Judicial Improvements Act of 1990 (Public Law 101-650; 28 
        U.S.C. 133 note) is amended--
                    (A) in the third sentence (relating to the district 
                of Kansas), by striking ``19 years'' and inserting ``26 
                years'';
                    (B) in the sixth sentence (relating to the northern 
                district of Ohio), by striking ``19 years'' and 
                inserting ``25 years''; and
                    (C) in the seventh sentence (relating to the 
                district of Hawaii), by striking ``16 years'' and 
                inserting ``20 years''.
            (2) 21st century department of justice appropriations 
        authorization act.--Section 312(c)(2) of the 21st Century 
        Department of Justice Appropriations Authorization Act (Public 
        Law 107-273; 28 U.S.C. 133 note) is amended--
                    (A) by striking ``The first vacancy'' and inserting 
                ``Except with respect to the district of Arizona, the 
                central district of California, and the eastern 
                district of Texas, the first vacancy''; and
                    (B) by adding ``The first vacancy in the office of 
                district judge in the district of Arizona, the central 
                district of California, and the eastern district of 
                Texas authorized by this subsection, occurring 20 years 
                or more after the confirmation date of the judge named 
                to fill the temporary district judgeship created in the 
                applicable district by this subsection, shall not be 
                filled.'' at the end.

                    TITLE II--BANKRUPTCY JUDGESHIPS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Bankruptcy Judgeship Act of 
2010''.

SEC. 202. ADDITIONAL PERMANENT OFFICES OF BANKRUPTCY JUDGES.

    Section 152(a)(2) of title 28, United States Code, is amended--
            (1) in the item relating to the eastern and western 
        districts of Arkansas by striking ``3'' and inserting ``4'';
            (2) in the item relating to the eastern district of 
        California by striking ``6'' and inserting ``8'';
            (3) in the item relating to the district of Delaware by 
        striking ``1'' and inserting ``6'';
            (4) in the item relating to the middle district of Florida 
        by striking ``8'' and inserting ``9'';
            (5) in the item relating to the northern district of 
        Florida by striking ``1'' and inserting ``2'';
            (6) in the item relating to the southern district of 
        Florida by striking ``5'' and inserting ``7'';
            (7) in the item relating to the northern district of 
        Georgia by striking ``8'' and inserting ``10'';
            (8) in the item relating to the southern district of 
        Georgia by striking ``2'' and inserting ``3'';
            (9) in the item relating to the district of Maryland by 
        striking ``4'' and inserting ``7'';
            (10) in the item relating to the eastern district of 
        Michigan by striking ``4'' and inserting ``7'';
            (11) in the item relating to the northern district of 
        Mississippi by striking ``1'' and inserting ``2'';
            (12) in the item relating to the district of Nevada by 
        striking ``3'' and inserting ``5'';
            (13) in the item relating to the district of New Hampshire 
        by striking ``1'' and inserting ``2'';
            (14) in the item relating to the district of New Jersey by 
        striking ``8'' and inserting ``9'';
            (15) in the item relating to the northern district of New 
        York by striking ``2'' and inserting ``3'';
            (16) in the item relating to the southern district of New 
        York by striking ``9'' and inserting ``10'';
            (17) in the item relating to the eastern district of North 
        Carolina by striking ``2'' and inserting ``3'';
            (18) in the item relating to the western district of North 
        Carolina by striking ``2'' and inserting ``3'';
            (19) in the item relating to the middle district of 
        Pennsylvania by striking ``2'' and inserting ``3'';
            (20) in the item relating to the eastern district of 
        Tennessee by striking ``3'' and inserting ``4'';
            (21) in the item relating to the western district of 
        Tennessee by striking ``4'' and inserting ``5'';
            (22) in the item relating to the eastern district of 
        Virginia by striking ``5'' and inserting ``6''; and
            (23) in the item relating to the southern district of West 
        Virginia by striking ``1'' and inserting ``2''.

SEC. 203. CONVERSION OF CERTAIN TEMPORARY OFFICES OF BANKRUPTCY JUDGES 
              TO PERMANENT OFFICES.

    (a) Conversion of Certain Temporary Offices Established by Public 
Law 109-8.--The temporary offices of bankruptcy judges established by 
section 1223(b)(1) of Public Law 109-8 (28 U.S.C. 152 note) for the 
following districts are hereby converted so as to be included in the 
permanent offices of bankruptcy judges that are added by the amendments 
made by section 202 with respect to the corresponding districts:
            (1) The eastern district of California.
            (2) The district of Delaware.
            (3) The southern district of Florida.
            (4) The southern district of Georgia.
            (5) The district of Maryland.
            (6) The district of New Jersey.
            (7) The northern district of New York.
            (8) The southern district of New York.
            (9) The eastern district of North Carolina.
            (10) The middle district of Pennsylvania.
            (11) The western district of Tennessee.
            (12) The eastern district of Virginia.
            (13) The district of Nevada.
    (b) Conversion of Certain Temporary Offices Established by Public 
Law 102-361.--The temporary offices of bankruptcy judges established by 
section 3(a) of Public Law 102-361 (28 U.S.C. 152 note) for the 
following districts are hereby converted so as to be included in the 
permanent offices of bankruptcy judges that are added by the amendments 
made by section 202 with respect to the corresponding districts:
            (1) The district of Delaware.
            (2) The district of New Hampshire.
            (3) The eastern district of Tennessee.

SEC. 204. EXTENSION OF CERTAIN TEMPORARY OFFICES OF BANKRUPTCY JUDGES 
              ESTABLISHED BY PUBLIC LAW 109-8.

    (a) Extensions.--The temporary offices of bankruptcy judges 
established for the eastern district of Pennsylvania and the middle 
district of North Carolina by section 1223(b)(1) of Public Law 109-8 
(28 U.S.C. 152 note) are extended until the 1st vacancy occurring in 
the office of a bankruptcy judge in the respective district resulting 
from the death, retirement, resignation, or removal of a bankruptcy 
judge and occurring 5 years or more after the date of the enactment of 
this Act.
    (b) Applicability of Other Provisions.--Except as provided in 
subsection (a), all other provisions of section 1223(b) of Public Law 
109-8 (28 U.S.C. 152 note) remain applicable to the temporary offices 
of bankruptcy judges referred to in subsection (a).

SEC. 205. PAYGO OFFSET.

    (a) Bankruptcy Filing Fees.--Section 1930(a) of title 28, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) by striking ``$245'' and 
                inserting ``$246''; and
                    (B) in subparagraph (B) by striking ``$235'' and 
                inserting ``$236''; and
            (2) in paragraph (3) by striking ``$1,000'' and inserting 
        ``$1,050''.
    (b) United States Trustee Fund.--Section 589a(b) of title 28, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) by striking ``40.46'' and 
                inserting ``40.28''; and
                    (B) in subparagraph (B) by striking ``28.33'' and 
                inserting ``28.15''; and
            (2) in paragraph (2) by striking ``55'' and inserting 
        ``52.38''.
    (c) Collection and Deposition of Miscellaneous Bankruptcy Fees.--
Section 406(b) of the Judiciary Appropriations Act, 1990 (Public Law 
101-162; 28 U.S.C. 1931 note) is amended--
            (1) by striking ``28.87'' and inserting ``28.74'';
            (2) by striking ``35.00'' and inserting ``34.77''; and
            (3) by striking ``25'' and inserting ``23.81''.

SEC. 206. EFFECTIVE DATES.

    (a) General Effective Date.--Except as provided in subsection (b), 
this title and the amendments made by this title shall take effect on 
the date of the enactment of this Act.
    (b) Special Effective Date.--The amendments made by section 205 
shall take effect 180 days after the date of the enactment of this Act.
            Amend the title so as to read: ``An Act to create and 
        extend certain temporary district court judgeships and 
        authorize the appointment of additional bankruptcy judges, and 
        for other purposes.''.
                                                       Calendar No. 471

111th CONGRESS

  2d Session

                                 S. 193

_______________________________________________________________________

                                 A BILL

   To create and extend certain temporary district court judgeships.

_______________________________________________________________________

                             July 21, 2010

        Reported with an amendment and an amendment to the title
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