S.Amdt. 115
What it does: Rewrites page 452, line 15 through page 458, line 16
Sen. Joseph R. Biden Jr. (D-DE)What it changes
1 change to S. 256
Rewrites page 452, line 15 through page 458, line 16
ReplacesPrinted pageRemoves page 452, line 15 through page 458, line 16 of the printed bill. See that page
Inserted: SEC. 1223. BANKRUPTCY JUDGESHIPS.
Inserted: (a) Short Title.--This section may be cited as the "Bankruptcy Judgeship Act of 2005".
Inserted: (b) Authorization for Additional Bankruptcy Judgeships.--The following judgeship positions shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:
Inserted: (1) One additional bankruptcy judgeship for the eastern and western districts of Arkansas.
Inserted: (2) Four additional bankruptcy judgeships for the district of Delaware.
Inserted: (3) Two additional bankruptcy judgeships for the middle district of Florida.
Inserted: (4) Two additional bankruptcy judgeships for the southern district of Florida.
Inserted: (5) Two additional bankruptcy judgeships for the northern district of Georgia.
Inserted: (6) One additional bankruptcy judgeship for the southern district of Georgia.
Inserted: (7) Three additional bankruptcy judgeships for the district of Maryland.
Inserted: (8) Two additional bankruptcy judgeships for the eastern district of Michigan.
Inserted: (9) Two additional bankruptcy judgeships for the district of Nevada.
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Inserted: (10) One additional bankruptcy judgeship for the district of New Jersey.
Inserted: (11) Two additional bankruptcy judgeships for the southern district of New York.
Inserted: (12) One additional bankruptcy judgeship for the eastern district of North Carolina.
Inserted: (13) One additional bankruptcy judgeship for the eastern district of Pennsylvania.
Inserted: (14) One additional bankruptcy judgeship for the district of South Carolina.
Inserted: (15) Two additional bankruptcy judgeships for the western district of Tennessee.
Inserted: (16) One additional bankruptcy judgeship for the district of Utah.
Inserted: (17) One additional bankruptcy judgeship for the eastern district of Virginia.
Inserted: (c) Temporary Bankruptcy Judgeships.--
Inserted: (1) Authorization for additional temporary bankruptcy judgeships.--The following judgeship positions shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:
Inserted: (A) One additional bankruptcy judgeship for the district of Puerto Rico.
Inserted: (B) One additional bankruptcy judgeship for the northern district of New York.
Inserted: (C) One additional bankruptcy judgeship for the middle district of Pennsylvania.
Inserted: (D) One additional bankruptcy judgeship for the district of Maryland.
Inserted: (E) One additional bankruptcy judgeship for the northern district of Mississippi.
Inserted: (F) One additional bankruptcy judgeship for the southern district of Mississippi.
Inserted: (G) One additional bankruptcy judgeship for the southern district of Georgia.
Inserted: (2) Vacancies.--
Inserted: (A) In general.--The first vacancy in the office of bankruptcy judge in each of the judicial districts set forth in paragraph (1)--
Inserted: (i) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under paragraph (1) to such office; and
Inserted: (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
Inserted: (B) Term expiration.--In the case of a vacancy resulting from the expiration of the term of a bankruptcy judge not described in subparagraph (A), that judge shall be eligible for reappointment as a bankruptcy judge in that district.
Inserted: (3) Extension of existing temporary bankruptcy judgeships.--
Inserted: (A) In general.--The temporary bankruptcy judgeships authorized for the northern district of Alabama and the eastern district of Tennessee under paragraphs (1) and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years or more after the date of enactment of this Act.
Inserted: (B) Applicability of other provisions.--All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary bankruptcy judgeships referred to in this paragraph.
Inserted: (d) Transfer of Bankruptcy Judgeship Shared by the Middle District of Georgia and the Southern District of Georgia.--The bankruptcy judgeship shared by the southern district of Georgia and the middle district of Georgia shall be converted to a bankruptcy judgeship for the middle district of Georgia.
Inserted: (e) Conversion of Existing Temporary Bankruptcy Judgeships.--
Inserted: (1) District of delaware.--The temporary bankruptcy judgeship authorized for the district of Delaware under section 3(a)(3) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be converted to a permanent bankruptcy judgeship.
Inserted: (2) District of puerto rico.--The temporary bankruptcy judgeship authorized for the district of Puerto Rico under section 3(a)(7) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be converted to a permanent bankruptcy judgeship.
Inserted: (f) Technical Amendments.--Section 152(a)(2) of title 28, United States Code, is amended--
Inserted: (1) in the item relating to the eastern and western districts of Arkansas, by striking "3" and inserting "4";
Inserted: (2) in the item relating to the district of Delaware, by striking "1" and inserting "6";
Inserted: (3) in the item relating to the middle district of Florida, by striking "8" and inserting "10";
Inserted: (4) in the item relating to the southern district of Florida, by striking "5" and inserting "7";
Inserted: (5) in the item relating to the northern district of Georgia, by striking "8" and inserting "10";
Inserted: (6) in the item relating to the middle district of Georgia, by striking "2" and inserting "3";
Inserted: (7) in the item relating to the southern district of Georgia, by striking "2" and inserting "3";
Inserted: (8) in the item relating to the middle and southern districts of Georgia, by striking "Middle and Southern . . . . . . . . . . . . . . . 1";
Inserted: (9) in the item relating to the district of Maryland, by striking "4" and inserting "7";
Inserted: (10) in the item relating to the eastern district of Michigan, by striking "4" and inserting "6";
Inserted: (11) in the item relating to the district of Nevada, by striking "3" and inserting 5";
Inserted: (12) in the item relating to the district of New Jersey, by striking "8" and inserting "9";
Inserted: (13) in the item relating to the southern district of New York, by striking "9" and inserting "11";
Inserted: (14) in the item relating to the eastern district of North Carolina, by striking "2" and inserting "3";
Inserted: (15) in the item relating to the eastern district of Pennsylvania, by striking "5" and inserting "6";
Inserted: (16) in the item relating to the district of Puerto Rico, by striking "2 and inserting "3";
Inserted: (17) in the item relating to the district of South Carolina, by striking "2" and inserting "3";
Inserted: (18) in the item relating to the western district of Tennessee, by striking "4" and inserting "6";
Inserted: (19) in the item relating to the district of Utah, by striking "3" and inserting "4"; and
Inserted: (20) in the item relating to the eastern district of Virginia, by striking "5" and inserting "6".
Original wording
On page 452, strike line 15 and all that follows through page 458, line 16, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 115. Mr. BIDEN submitted an amendment intended to be proposed by him to the bill S. 256, to amend title 11 of the United States Code, and for other purposes; which was ordered to lie on the table; as follows:
On page 452, strike line 15 and all that follows through page 458, line 16, and insert the following:
SEC. 1223. BANKRUPTCY JUDGESHIPS.
(a) Short Title.--This section may be cited as the “Bankruptcy Judgeship Act of 2005”.
(b) Authorization for Additional Bankruptcy Judgeships.--The following judgeship positions shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:
(1) One additional bankruptcy judgeship for the eastern and western districts of Arkansas.
(2) Four additional bankruptcy judgeships for the district of Delaware.
(3) Two additional bankruptcy judgeships for the middle district of Florida.
(4) Two additional bankruptcy judgeships for the southern district of Florida.
(5) Two additional bankruptcy judgeships for the northern district of Georgia.
(6) One additional bankruptcy judgeship for the southern district of Georgia.
(7) Three additional bankruptcy judgeships for the district of Maryland.
(8) Two additional bankruptcy judgeships for the eastern district of Michigan.
(9) Two additional bankruptcy judgeships for the district of Nevada.
(10) One additional bankruptcy judgeship for the district of New Jersey.
(11) Two additional bankruptcy judgeships for the southern district of New York.
(12) One additional bankruptcy judgeship for the eastern district of North Carolina.
(13) One additional bankruptcy judgeship for the eastern district of Pennsylvania.
(14) One additional bankruptcy judgeship for the district of South Carolina.
(15) Two additional bankruptcy judgeships for the western district of Tennessee.
(16) One additional bankruptcy judgeship for the district of Utah.
(17) One additional bankruptcy judgeship for the eastern district of Virginia.
(c) Temporary Bankruptcy Judgeships.--
(1) Authorization for additional temporary bankruptcy judgeships.--The following judgeship positions shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:
(A) One additional bankruptcy judgeship for the district of Puerto Rico.
(B) One additional bankruptcy judgeship for the northern district of New York.
(C) One additional bankruptcy judgeship for the middle district of Pennsylvania.
(D) One additional bankruptcy judgeship for the district of Maryland.
(E) One additional bankruptcy judgeship for the northern district of Mississippi.
(F) One additional bankruptcy judgeship for the southern district of Mississippi.
(G) One additional bankruptcy judgeship for the southern district of Georgia.
(2) Vacancies.--
(A) In general.--The first vacancy in the office of bankruptcy judge in each of the judicial districts set forth in paragraph (1)--
(i) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under paragraph (1) to such office; and
(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
(B) Term expiration.--In the case of a vacancy resulting from the expiration of the term of a bankruptcy judge not described in subparagraph (A), that judge shall be eligible for reappointment as a bankruptcy judge in that district.
(3) Extension of existing temporary bankruptcy judgeships.--
(A) In general.--The temporary bankruptcy judgeships authorized for the northern district of Alabama and the eastern district of Tennessee under paragraphs (1) and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years or more after the date of enactment of this Act.
(B) Applicability of other provisions.--All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary bankruptcy judgeships referred to in this paragraph.
(d) Transfer of Bankruptcy Judgeship Shared by the Middle District of Georgia and the Southern District of Georgia.--The bankruptcy judgeship shared by the southern district of Georgia and the middle district of Georgia shall be converted to a bankruptcy judgeship for the middle district of Georgia.
(e) Conversion of Existing Temporary Bankruptcy Judgeships.--
(1) District of delaware.--The temporary bankruptcy judgeship authorized for the district of Delaware under section 3(a)(3) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be converted to a permanent bankruptcy judgeship.
(2) District of puerto rico.--The temporary bankruptcy judgeship authorized for the district of Puerto Rico under section 3(a)(7) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be converted to a permanent bankruptcy judgeship.
(f) Technical Amendments.--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 district of Delaware, by striking “1” and inserting “6”;
(3) in the item relating to the middle district of Florida, by striking “8” and inserting “10”;
(4) in the item relating to the southern district of Florida, by striking “5” and inserting “7”;
(5) in the item relating to the northern district of Georgia, by striking “8” and inserting “10”;
(6) in the item relating to the middle district of Georgia, by striking “2” and inserting “3”;
(7) in the item relating to the southern district of Georgia, by striking “2” and inserting “3”;
(8) in the item relating to the middle and southern districts of Georgia, by striking “Middle and Southern . . . . . . . . . . . . . . . 1”;
(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 “6”;
(11) in the item relating to the district of Nevada, by striking “3” and inserting 5”;
(12) in the item relating to the district of New Jersey, by striking “8” and inserting “9”;
(13) in the item relating to the southern district of New York, by striking “9” and inserting “11”;
(14) in the item relating to the eastern district of North Carolina, by striking “2” and inserting “3”;
(15) in the item relating to the eastern district of Pennsylvania, by striking “5” and inserting “6”;
(16) in the item relating to the district of Puerto Rico, by striking “2 and inserting “3”;
(17) in the item relating to the district of South Carolina, by striking “2” and inserting “3”;
(18) in the item relating to the western district of Tennessee, by striking “4” and inserting “6”;
(19) in the item relating to the district of Utah, by striking “3” and inserting “4”; and
(20) in the item relating to the eastern district of Virginia, by striking “5” and inserting “6”.
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Senate amendment submitted
March 7, 2005
Amendments
1 amendmentOffered to this amendment
Amendments
1 amendmentOffered to this amendment