IIA
105TH CONGRESS
1ST SESSION
H.R. 1596
IN THE SENATE OF THE UNITED STATES
JULY 29, 1997
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To amend title 28, United States Code, to authorize the
appointment of additional bankruptcy judges, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1596 RFS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bankruptcy Judgeship
Act of 1997’’.
SEC. 2. PERMANENT JUDGESHIPS.
Section 152(a)(2) of title 28, United States Code, is
amended—
(1) in the item relating to the central district
of California, by striking ‘‘21’’ and inserting ‘‘25’’;
(2) in the item relating to the district of Mary-
land, by striking ‘‘4’’ and inserting ‘‘5’’;
(3) in the item relating to the district of New
Jersey, by striking ‘‘8’’ and inserting ‘‘9’’; and
(4) in the item relating to the western district
of Tennessee, by striking ‘‘4’’ and inserting ‘‘5’’.
SEC. 3. TEMPORARY JUDGESHIPS.
(a) APPOINTMENTS.—The following judgeship posi-
tions shall be filled in the manner prescribed in section
152(a)(1) of title 28, United States Code, for the appoint-
ment of bankruptcy judges provided for in section
152(a)(2) of such title:
(1) one additional bankruptcy judgeship for the
eastern district of California.
(2) one additional bankruptcy judgeship for the
southern district of Florida.
(3) one additional bankruptcy judgeship for the
district of Maryland.
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(4) one additional bankruptcy judgeship for the
eastern district of Michigan.
(5) one additional bankruptcy judgeship for the
southern district of Mississippi.
(6) one additional bankruptcy judgeship for the
eastern district of New York.
(7) one additional bankruptcy judgeship for the
northern district of New York.
(8) one additional bankruptcy judgeship for the
southern district of New York.
(9) one additional bankruptcy judgeship for the
eastern district of Pennsylvania.
(10) one additional bankruptcy judgeship for
the middle district of Pennsylvania.
(11) one additional bankruptcy judgeship for
the eastern district of Virginia.
(b) VACANCIES.—The first vacancy occurring in the
office of a bankruptcy judge in each of the judicial dis-
tricts set forth in subsection (a) which—
(1) results from the death, retirement, resigna-
tion, or removal of a bankruptcy judge, and
(2) occurs 5 years or more after the appoint-
ment date of a judge appointed under subsection (a),
shall not be filled.
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SEC. 4. EXTENSION.
The temporary bankruptcy judgeship position author-
ized for the district of Delaware by section 3(a)(3) of the
Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note)
is extended until the first vacancy occurring in the office
of a bankruptcy judge in that district resulting from the
death, retirement, resignation, or removal of a bankruptcy
judge and occurring 10 years or more after October 28,
1993. All other provisions of section 3 of the Bankruptcy
Judgeship Act of 1992 remain applicable to such tem-
porary judgeship position.
SEC. 5. TECHNICAL AMENDMENT.
The first sentence of section 152(a)(1) of title 28,
United States Code, is amended to read as follows: ‘‘Each
bankruptcy judge to be appointed for a judicial district
as provided in paragraph (2) shall be appointed by the
United States court of appeals for the circuit in which
such district is located.’’.
Passed the House of Representatives July 28, 1997.
Attest:
R0BIN H. CARLE,
Clerk.