II 

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. 

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

3 SECTION 1. TEMPORARY JUDGESHIPS FOR DISTRICT 

4 COURTS. 

5 (a) ADDITIONAL TEMPORARY JUDGESHIPS.— 


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1 (1) IN GENERAL.—The President shall appoint, 

2 by and with the advice and consent of the Senate— 

3 (A) 1 additional district judge for the east4 ern district of California; and 

5 (B) 1 additional district judge for the dis6 trict of Nebraska. 

7 (2) VACANCIES NOT FILLED.—The first va8 cancy in the office of district judge in each of the 

9 offices of district judge authorized by this sub10 section, occurring 10 years or more after the con11 firmation date of the judge named to fill the tem12 porary district judgeship created in the applicable 

13 district by this subsection, shall not be filled. 

14 (b) EXTENSION OF CERTAIN TEMPORARY JUDGE15 SHIPS.—Section 203(c) of the Judicial Improvements Act 

16 of 1990 (Public Law 101–650; 28 U.S.C. 133 note) is 

17 amended— 

18 (1) in the second sentence, by inserting ‘‘the 

19 district of Hawaii,’’ after ‘‘Pennsylvania,’’; 

20 (2) in the third sentence (relating to the district 

21 of Kansas), by striking ‘‘17 years’’ and inserting 

22 ‘‘26 years’’; 

23 (3) in the fifth sentence (relating to the north24 ern district of Ohio), by striking ‘‘17 years’’ and in25 serting ‘‘25 years’’; and 


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1 (4) by inserting ‘‘The first vacancy in the office 

2 of district judge in the district of Hawaii occurring 

3 20 years or more after the confirmation date of the 

4 judge named to fill the temporary judgeship created 

5 under this subsection shall not be filled.’’ after the 

6 sixth sentence. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Temporary Judgeships 

9 and Bankruptcy Judgeships Act of 2010’’. 

10 TITLE I—TEMPORARY JUDGE11 SHIPS FOR DISTRICT COURTS 

12 SEC. 101. TEMPORARY JUDGESHIPS FOR DISTRICT COURTS. 

13 (a) ADDITIONAL TEMPORARY JUDGESHIPS.— 

14 (1) IN GENERAL.—The President shall appoint, 

15 by and with the advice and consent of the Senate— 

16 (A) 1 additional district judge for the east17 ern district of California; and 

18 (B) 1 additional district judge for the dis19 trict of Nebraska. 

20 (2) VACANCIES NOT FILLED.—The first vacancy 

21 in the office of district judge in each of the offices of 

22 district judge authorized by this subsection, occurring 

23 10 years or more after the confirmation date of the 

24 judge named to fill the temporary district judgeship 


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1 created in the applicable district by this subsection, 

2 shall not be filled. 

3 (b) EXTENSION OF CERTAIN TEMPORARY JUDGE4 SHIPS.— 

5 (1) JUDICIAL IMPROVEMENTS ACT OF 1990.—Sec6 tion 203(c) of the Judicial Improvements Act of 1990 

7 (Public Law 101–650; 28 U.S.C. 133 note) is amend8 ed— 

9 (A) in the third sentence (relating to the 

10 district of Kansas), by striking ‘‘19 years’’ and 

11 inserting ‘‘26 years’’; 

12 (B) in the sixth sentence (relating to the 

13 northern district of Ohio), by striking ‘‘19 years’’ 

14 and inserting ‘‘25 years’’; and 

15 (C) in the seventh sentence (relating to the 

16 district of Hawaii), by striking ‘‘16 years’’ and 

17 inserting ‘‘20 years’’. 

18 (2) 21ST CENTURY DEPARTMENT OF JUSTICE AP19 PROPRIATIONS AUTHORIZATION ACT.—Section 

20 312(c)(2) of the 21st Century Department of Justice 

21 Appropriations Authorization Act (Public Law 107– 

22 273; 28 U.S.C. 133 note) is amended— 

23 (A) by striking ‘‘The first vacancy’’ and in24 serting ‘‘Except with respect to the district of ArVerDate Mar 15 2010 01:26 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S193.RS S193

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1 izona, the central district of California, and the 

2 eastern district of Texas, the first vacancy’’; and 

3 (B) by adding ‘‘The first vacancy in the of4 fice of district judge in the district of Arizona, 

5 the central district of California, and the eastern 

6 district of Texas authorized by this subsection, 

7 occurring 20 years or more after the confirma8 tion date of the judge named to fill the tem9 porary district judgeship created in the applica10 ble district by this subsection, shall not be filled.’’ 

11 at the end. 

12 TITLE II—BANKRUPTCY 

13 JUDGESHIPS 

14 SEC. 201. SHORT TITLE. 

15 This title may be cited as the ‘‘Bankruptcy Judgeship 

16 Act of 2010’’. 

17 SEC. 202. ADDITIONAL PERMANENT OFFICES OF BANK18 RUPTCY JUDGES. 

19 Section 152(a)(2) of title 28, United States Code, is 

20 amended— 

21 (1) in the item relating to the eastern and west22 ern districts of Arkansas by striking ‘‘3’’ and insert23 ing ‘‘4’’; 

24 (2) in the item relating to the eastern district of 

25 California by striking ‘‘6’’ and inserting ‘‘8’’; 


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1 (3) in the item relating to the district of Dela2 ware by striking ‘‘1’’ and inserting ‘‘6’’; 

3 (4) in the item relating to the middle district of 

4 Florida by striking ‘‘8’’ and inserting ‘‘9’’; 

5 (5) in the item relating to the northern district 

6 of Florida by striking ‘‘1’’ and inserting ‘‘2’’; 

7 (6) in the item relating to the southern district 

8 of Florida by striking ‘‘5’’ and inserting ‘‘7’’; 

9 (7) in the item relating to the northern district 

10 of Georgia by striking ‘‘8’’ and inserting ‘‘10’’; 

11 (8) in the item relating to the southern district 

12 of Georgia by striking ‘‘2’’ and inserting ‘‘3’’; 

13 (9) in the item relating to the district of Mary14 land by striking ‘‘4’’ and inserting ‘‘7’’; 

15 (10) in the item relating to the eastern district 

16 of Michigan by striking ‘‘4’’ and inserting ‘‘7’’; 

17 (11) in the item relating to the northern district 

18 of Mississippi by striking ‘‘1’’ and inserting ‘‘2’’; 

19 (12) in the item relating to the district of Ne20 vada by striking ‘‘3’’ and inserting ‘‘5’’; 

21 (13) in the item relating to the district of New 

22 Hampshire by striking ‘‘1’’ and inserting ‘‘2’’; 

23 (14) in the item relating to the district of New 

24 Jersey by striking ‘‘8’’ and inserting ‘‘9’’; 


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1 (15) in the item relating to the northern district 

2 of New York by striking ‘‘2’’ and inserting ‘‘3’’; 

3 (16) in the item relating to the southern district 

4 of New York by striking ‘‘9’’ and inserting ‘‘10’’; 

5 (17) in the item relating to the eastern district 

6 of North Carolina by striking ‘‘2’’ and inserting ‘‘3’’; 

7 (18) in the item relating to the western district 

8 of North Carolina by striking ‘‘2’’ and inserting ‘‘3’’; 

9 (19) in the item relating to the middle district 

10 of Pennsylvania by striking ‘‘2’’ and inserting ‘‘3’’; 

11 (20) in the item relating to the eastern district 

12 of Tennessee by striking ‘‘3’’ and inserting ‘‘4’’; 

13 (21) in the item relating to the western district 

14 of Tennessee by striking ‘‘4’’ and inserting ‘‘5’’; 

15 (22) in the item relating to the eastern district 

16 of Virginia by striking ‘‘5’’ and inserting ‘‘6’’; and 

17 (23) in the item relating to the southern district 

18 of West Virginia by striking ‘‘1’’ and inserting ‘‘2’’. 

19 SEC. 203. CONVERSION OF CERTAIN TEMPORARY OFFICES 

20 OF BANKRUPTCY JUDGES TO PERMANENT OF21 FICES. 

22 (a) CONVERSION OF CERTAIN TEMPORARY OFFICES

23 ESTABLISHED BY PUBLIC LAW 109–8.—The temporary of24 fices of bankruptcy judges established by section 1223(b)(1) 

25 of Public Law 109–8 (28 U.S.C. 152 note) for the following 


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1 districts are hereby converted so as to be included in the 

2 permanent offices of bankruptcy judges that are added by 

3 the amendments made by section 202 with respect to the 

4 corresponding districts: 

5 (1) The eastern district of California. 

6 (2) The district of Delaware. 

7 (3) The southern district of Florida. 

8 (4) The southern district of Georgia. 

9 (5) The district of Maryland. 

10 (6) The district of New Jersey. 

11 (7) The northern district of New York. 

12 (8) The southern district of New York. 

13 (9) The eastern district of North Carolina. 

14 (10) The middle district of Pennsylvania. 

15 (11) The western district of Tennessee. 

16 (12) The eastern district of Virginia. 

17 (13) The district of Nevada. 

18 (b) CONVERSION OF CERTAIN TEMPORARY OFFICES

19 ESTABLISHED BY PUBLIC LAW 102–361.—The temporary 

20 offices of bankruptcy judges established by section 3(a) of 

21 Public Law 102–361 (28 U.S.C. 152 note) for the following 

22 districts are hereby converted so as to be included in the 

23 permanent offices of bankruptcy judges that are added by 

24 the amendments made by section 202 with respect to the 

25 corresponding districts: 


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1 (1) The district of Delaware. 

2 (2) The district of New Hampshire. 

3 (3) The eastern district of Tennessee. 

4 SEC. 204. EXTENSION OF CERTAIN TEMPORARY OFFICES OF 

5 BANKRUPTCY JUDGES ESTABLISHED BY PUB6 LIC LAW 109–8. 

7 (a) EXTENSIONS.—The temporary offices of bank8 ruptcy judges established for the eastern district of Pennsyl9 vania and the middle district of North Carolina by section 

10 1223(b)(1) of Public Law 109–8 (28 U.S.C. 152 note) are 

11 extended until the 1st vacancy occurring in the office of a 

12 bankruptcy judge in the respective district resulting from 

13 the death, retirement, resignation, or removal of a bank14 ruptcy judge and occurring 5 years or more after the date 

15 of the enactment of this Act. 

16 (b) APPLICABILITY OF OTHER PROVISIONS.—Except 

17 as provided in subsection (a), all other provisions of section 

18 1223(b) of Public Law 109–8 (28 U.S.C. 152 note) remain 

19 applicable to the temporary offices of bankruptcy judges re20 ferred to in subsection (a). 

21 SEC. 205. PAYGO OFFSET. 

22 (a) BANKRUPTCY FILING FEES.—Section 1930(a) of 

23 title 28, United States Code, is amended— 

24 (1) in paragraph (1)— 


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1 (A) in subparagraph (A) by striking 

2 ‘‘$245’’ and inserting ‘‘$246’’; and 

3 (B) in subparagraph (B) by striking 

4 ‘‘$235’’ and inserting ‘‘$236’’; and 

5 (2) in paragraph (3) by striking ‘‘$1,000’’ and 

6 inserting ‘‘$1,050’’. 

7 (b) UNITED STATES TRUSTEE FUND.—Section 

8 589a(b) of title 28, United States Code, is amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (A) by striking 

11 ‘‘40.46’’ and inserting ‘‘40.28’’; and 

12 (B) in subparagraph (B) by striking 

13 ‘‘28.33’’ and inserting ‘‘28.15’’; and 

14 (2) in paragraph (2) by striking ‘‘55’’ and in15 serting ‘‘52.38’’. 

16 (c) COLLECTION AND DEPOSITION OF MISCELLANEOUS

17 BANKRUPTCY FEES.—Section 406(b) of the Judiciary Ap18 propriations Act, 1990 (Public Law 101–162; 28 U.S.C. 

19 1931 note) is amended— 

20 (1) by striking ‘‘28.87’’ and inserting ‘‘28.74’’; 

21 (2) by striking ‘‘35.00’’ and inserting ‘‘34.77’’; 

22 and 

23 (3) by striking ‘‘25’’ and inserting ‘‘23.81’’. 


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1 SEC. 206. EFFECTIVE DATES. 

2 (a) GENERAL EFFECTIVE DATE.—Except as provided 

3 in subsection (b), this title and the amendments made by 

4 this title shall take effect on the date of the enactment of 

5 this Act. 

6 (b) SPECIAL EFFECTIVE DATE.—The amendments 

7 made by section 205 shall take effect 180 days after the date 

8 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.’’. 


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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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