IB
Union Calendar No. 129
105TH CONGRESS
1ST SESSION
H. R. 1596
[Report No. 105–208]
To amend title 28, United States Code, to authorize the appointment of
additional bankruptcy judges, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1997
Mr. GEKAS (for himself, Mr. HYDE, Mr. CONYERS, and Mr. NADLER) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
JULY 28, 1997
Additional sponsors: Mrs. MEEK of Florida, Mr. BERMAN, Mr. BRYANT, Ms.
LOFGREN, Mr. BONO, Mr. BROWN of California, Mr. HOYER, Mr. CAL-
VERT, Mr. PICKETT, Ms. HARMAN, Mr. ROTHMAN, and Mr. KIM
JULY 28, 1997
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
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,
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) 1 additional bankruptcy judgeship for the
eastern district of California.
(2) 1 additional bankruptcy judgeship for the
southern district of Florida.
(3) 1 additional bankruptcy judgeship for the
district of Maryland.
(4) 1 additional bankruptcy judgeship for the
eastern district of Michigan.
(5) 1 additional bankruptcy judgeship for the
southern district of Mississippi.
(6) 1 additional bankruptcy judgeship for the
eastern district of New York.
(7) 1 additional bankruptcy judgeship for the
northern district of New York.
(8) 1 additional bankruptcy judgeship for the
southern district of New York.
(9) 1 additional bankruptcy judgeship for the
eastern district of Pennsylvania.
(10) 1 additional bankruptcy judgeship for the
middle district of Pennsylvania.
(11) 1 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.
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.’’.