Title: Bankruptcy Judgeship Act of 2017
Policy area: Law

Summary:
Bankruptcy Judgeship Act of 2017
This bill amends the federal judicial code to:
The bill increases the quarterly fee payable to the U.S. trustee by chapter 11 (reorganization) debtors whose disbursements equal or exceed $1 million in a fiscal year unless the balance in the United States Trustee System Fund exceeds $200 million.
For FY2018-FY2022, 97.5% of the quarterly U.S. trustee fees shall be deposited as offsetting collections to the United States Trustee System Fund and 2.5% shall be deposited in the general fund of the Treasury.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1107 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1107

To amend title 28, United States Code, to authorize the appointment of 
         additional bankruptcy judges, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2017

   Mr. Coons (for himself, Ms. Stabenow, Mr. Rubio, Mr. Nelson, Mr. 
Carper, Ms. Cortez Masto, and Mr. Hatch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bankruptcy Judgeship Act of 2017''.

SEC. 2. CONVERSION OF THE TEMPORARY OFFICE OF BANKRUPTCY JUDGE TO THE 
              PERMANENT OFFICE OF BANKRUPTCY JUDGE IN CERTAIN JUDICIAL 
              DISTRICTS.

    (a) District of Delaware.--
            (1) The temporary office of 4 bankruptcy judges authorized 
        for the district of Delaware by section 1223(b)(1)(C) of the 
        Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public 
        Law 109-8), and extended by section 2(a)(1)(C) of the Temporary 
        Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 
        note; Public Law 112-121), is converted hereby to the permanent 
        office of bankruptcy judge, represented in the amendment made 
        by section 3(1) of this Act, and may be filled.
            (2) The temporary office of bankruptcy judge authorized for 
        the district of Delaware by section 3(a)(3) of the Bankruptcy 
        Judgeship Act of 1992 (28 U.S.C. 152 note; Public Law 102-361), 
        and extended by section 1223(c)(1) of the Bankruptcy Judgeship 
        Act of 2005 (28 U.S.C. 152 note; Public Law 109-8) and section 
        2(b)(1) of the Temporary Bankruptcy Judgeships Extension Act of 
        2012 (28 U.S.C. 152 note; Public Law 112-121), is converted 
        hereby to the permanent office of bankruptcy judge, represented 
        in the amendment made by section 3(1) of this Act, and may be 
        filled.
    (b) Southern District of Florida.--The temporary office of 2 
bankruptcy judges authorized for the southern district of Florida by 
section 1223(b)(1)(D) of the Bankruptcy Judgeship Act of 2005 (28 
U.S.C. 152 note; Public Law 109-8), and extended by section 2(a)(1)(D) 
of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 
152 note; Public Law 112-121), is converted hereby to the permanent 
office of bankruptcy judge, represented in the amendment made by 
section 3(3) of this Act, and may be filled.
    (c) District of Maryland.--The temporary office of 1 bankruptcy 
judge first appointed as authorized for the district of Maryland by 
section 1223(b)(1)(F) of the Bankruptcy Judgeship Act of 2005 (28 
U.S.C. 152 note; Public Law 109-8), and extended by section 2(a)(1)(F) 
of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 
152 note; Public Law 112-121), is converted hereby to the permanent 
office of bankruptcy judge, represented in the amendment made by 
section 3(4) of this Act, and may be filled.
    (d) Eastern District of Michigan.--The temporary office of 
bankruptcy judge authorized for the eastern district of Michigan by 
section 1223(b)(1)(G) of the Bankruptcy Judgeship Act of 2005 (28 
U.S.C. 152 note; Public Law 109-8), and extended by section 2(a)(1)(G) 
of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 
152 note; Public Law 112-121), is converted hereby to the permanent 
office of bankruptcy judge, represented in the amendment made by 
section 3(5) of this Act, and may be filled.
    (e) District of Nevada.--The temporary office of bankruptcy judge 
authorized for the district of Nevada by section 1223(b)(1)(T) of the 
Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109-
8), and extended by section 2(a)(1)(Q) of the Temporary Bankruptcy 
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-
121), is converted hereby to the permanent office of bankruptcy judge, 
represented in the amendment made by section 3(6) of this Act, and may 
be filled.
    (f) Eastern District of North Carolina.--The temporary office of 
bankruptcy judge authorized for the eastern district of North Carolina 
by section 1223(b)(1)(M) of the Bankruptcy Judgeship Act of 2005 (28 
U.S.C. 152 note; Public Law 109-8), and extended by section 2(a)(1)(J) 
of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 
152 note; Public Law 112-121), is converted hereby to the permanent 
office of bankruptcy judge, represented in the amendment made by 
section 3(7) of this Act, and may be filled.
    (g) District of Puerto Rico.--
            (1) The temporary office of bankruptcy judge authorized for 
        the district of Puerto Rico by section 1223(b)(1)(P) of the 
        Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public 
        Law 109-8), and extended by section 2(a)(1)(M) of the Temporary 
        Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 
        note; Public Law 112-121), is converted hereby to the permanent 
        office of bankruptcy judge, represented in the amendment made 
        by section 3(8) of this Act, and may be filled.
            (2) The temporary office of bankruptcy judge authorized for 
        the district of Puerto Rico by section 3(a)(7) of the 
        Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note; Public 
        Law 102-361), and extended by section 1223(c)(1) of the 
        Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public 
        Law 109-8) and section 2(b)(1) of the Temporary Bankruptcy 
        Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public 
        Law 112-121), is converted hereby to the permanent office of 
        bankruptcy judge, is represented in the amendment made by 
        section 3(8) of this Act, and may be filled.
    (h) Eastern District of Virginia.--The temporary office of 
bankruptcy judge authorized for the eastern district of Virginia by 
section 1223(b)(1)(R) of the Bankruptcy Judgeship Act of 2005 (28 
U.S.C. 152 note; Public Law 109-8), and extended by section 2(a)(1)(P) 
of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 
152 note; Public Law 112-121), is converted hereby to the permanent 
office of bankruptcy judge, is represented in the amendment made by 
section 3(9) of this Act, and may be filled.

SEC. 3. PERMANENT OFFICE OF BANKRUPTCY JUDGE AUTHORIZED.

    To reflect the conversion of the temporary office of bankruptcy 
judge to the permanent office of bankruptcy judge made by the operation 
of section 2, and to authorize the appointment of additional bankruptcy 
judges, section 152(a)(2) of title 28, United States Code, is amended--
            (1) in the item relating to the district of Delaware, by 
        striking ``1'' and inserting ``8'';
            (2) in the item relating to the middle district of Florida, 
        by striking ``8'' and inserting ``9'';
            (3) in the item relating to the southern district of 
        Florida, by striking ``5'' and inserting ``7'';
            (4) in the item relating to the district of Maryland, by 
        striking ``4'' and inserting ``5'';
            (5) in the item relating to the eastern district of 
        Michigan, by striking ``4'' and inserting ``6'';
            (6) in the item relating to the district of Nevada, by 
        striking ``3'' and inserting ``4'';
            (7) in the item relating to the eastern district of North 
        Carolina, by striking ``2'' and inserting ``3'';
            (8) in the item relating to the district of Puerto Rico, by 
        striking ``2'' and inserting ``4''; and
            (9) in the item relating to the eastern district of 
        Virginia, by striking ``5'' and inserting ``6''.

SEC. 4. BANKRUPTCY FEES.

    (a) Amendments to Title 28 of the United States Code.--Section 
1930(a)(6) of title 28, United States Code, is amended--
            (1) by striking ``(6) In'' and inserting ``(6)(A) Except as 
        provided in subparagraph (B), in''; and
            (2) by adding at the end the following:
            ``(B) In any fiscal year, the quarterly fee payable for a 
        quarter in which disbursements equal or exceed $1,000,000 shall 
        be 1 percent of such disbursements or $250,000, whichever is 
        less, unless the balance in the United States Trustee System 
        Fund as of September 30 immediately preceding such fiscal year 
        exceeds $200,000,000.''.
    (b) Deposits of Certain Fees for Fiscal Years 2018 Through 2022.--
Notwithstanding section 589a(b) of title 28, United States Code, for 
each of fiscal years 2018 through 2022--
            (1) 97.5 percent of the fees collected under section 
        1930(a)(6) of such title shall be deposited as offsetting 
        collections to the appropriation ``United States Trustee System 
        Fund'', to remain available until expended; and
            (2) 2.5 percent of the fees collected under section 
        1930(a)(6) of such title shall be deposited in the general fund 
        of the Treasury.
    (c) Effective Date; Application of Amendments.--
            (1) Effective date.--This section shall take effect on July 
        1, 2017, or on the date of enactment of this Act, whichever is 
        later.
            (2) Application of amendments.--The amendments made by this 
        section shall apply to quarterly fees payable under section 
        1930(a)(6) of title 28, United States Code, as amended by this 
        section, for disbursements made in any calendar quarter that 
        begins on or after the effective date of this section.
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