II
Calendar No. 471
111th CONGRESS
2d Session
S. 193
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.
Temporary judgeships for district courts
Additional temporary judgeships
In general
The President shall appoint, by and with the advice and consent of the Senate—
1 additional district judge for the eastern district of California; and
1 additional district judge for the district of Nebraska.
Vacancies not filled
The first vacancy in the office of district judge in each of the offices of district judge authorized by this subsection, occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled.
Extension of certain temporary judgeships
Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note) is amended—
in the second
sentence, by inserting the district of Hawaii,
after
Pennsylvania,
;
in the third
sentence (relating to the district of Kansas), by striking 17
years
and inserting 26 years
;
in the fifth
sentence (relating to the northern district of Ohio), by striking 17
years
and inserting 25 years
; and
by inserting
The first vacancy in the office of district judge in the district of
Hawaii occurring 20 years or more after the confirmation date of the judge
named to fill the temporary judgeship created under this subsection shall not
be filled.
after the sixth sentence.
Short title
This Act may be cited as the
Temporary Judgeships and Bankruptcy
Judgeships Act of 2010
.
Temporary judgeships for district courts
Temporary judgeships for district courts
Additional temporary judgeships
In general
The President shall appoint, by and with the advice and consent of the Senate—
1 additional district judge for the eastern district of California; and
1 additional district judge for the district of Nebraska.
Vacancies not filled
The first vacancy in the office of district judge in each of the offices of district judge authorized by this subsection, occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled.
Extension of certain temporary judgeships
Judicial Improvements Act of 1990
Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note) is amended—
in the third sentence
(relating to the district of Kansas), by striking 19 years
and
inserting 26 years
;
in the sixth sentence
(relating to the northern district of Ohio), by striking 19
years
and inserting 25 years
; and
in the seventh sentence
(relating to the district of Hawaii), by striking 16 years
and
inserting 20 years
.
21st Century Department of Justice Appropriations Authorization Act
Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273; 28 U.S.C. 133 note) is amended—
by striking The
first vacancy
and inserting Except with respect to the district
of Arizona, the central district of California, and the eastern district of
Texas, the first vacancy
; and
by adding The
first vacancy in the office of district judge in the district of Arizona, the
central district of California, and the eastern district of Texas authorized by
this subsection, occurring 20 years or more after the confirmation date of the
judge named to fill the temporary district judgeship created in the applicable
district by this subsection, shall not be filled.
at the end.
Bankruptcy Judgeships
Short title
This title may be cited
as the Bankruptcy Judgeship Act of
2010
.
Additional permanent offices of bankruptcy judges
Section 152(a)(2) of title 28, United States Code, is amended—
in the item relating to
the eastern and western districts of Arkansas by striking 3
and
inserting 4
;
in the item relating to the eastern
district of California by striking 6
and inserting
8
;
in the item relating to the district of
Delaware by striking 1
and inserting 6
;
in the item relating to the middle district
of Florida by striking 8
and inserting 9
;
in the item relating to the northern
district of Florida by striking 1
and inserting
2
;
in the item relating to the southern
district of Florida by striking 5
and inserting
7
;
in the item relating to the northern
district of Georgia by striking 8
and inserting
10
;
in the item relating to the southern
district of Georgia by striking 2
and inserting
3
;
in the item relating to the district of
Maryland by striking 4
and inserting 7
;
in the item relating to the eastern
district of Michigan by striking 4
and inserting
7
;
in the item relating to the northern
district of Mississippi by striking 1
and inserting
2
;
in the item relating to the district of
Nevada by striking 3
and inserting 5
;
in the item relating to the district of New
Hampshire by striking 1
and inserting 2
;
in the item relating to the district of New
Jersey by striking 8
and inserting 9
;
in the item relating to the northern
district of New York by striking 2
and inserting
3
;
in the item relating to the southern
district of New York by striking 9
and inserting
10
;
in the item relating to the eastern
district of North Carolina by striking 2
and inserting
3
;
in the item relating to the western
district of North Carolina by striking 2
and inserting
3
;
in the item relating to the middle district
of Pennsylvania by striking 2
and inserting
3
;
in the item relating to the eastern
district of Tennessee by striking 3
and inserting
4
;
in the item relating to the western
district of Tennessee by striking 4
and inserting
5
;
in the item relating to the eastern
district of Virginia by striking 5
and inserting
6
; and
in the item relating to the southern
district of West Virginia by striking 1
and inserting
2
.
Conversion of certain temporary offices of bankruptcy judges to permanent offices
Conversion of certain temporary offices established by Public Law 109–8
The temporary offices of bankruptcy judges established by section 1223(b)(1) of Public Law 109–8 (28 U.S.C. 152 note) for the following districts are hereby converted so as to be included in the permanent offices of bankruptcy judges that are added by the amendments made by section 202 with respect to the corresponding districts:
The eastern district of California.
The district of Delaware.
The southern district of Florida.
The southern district of Georgia.
The district of Maryland.
The district of New Jersey.
The northern district of New York.
The southern district of New York.
The eastern district of North Carolina.
The middle district of Pennsylvania.
The western district of Tennessee.
The eastern district of Virginia.
The district of Nevada.
Conversion of certain temporary offices established by Public Law 102–361
The temporary offices of bankruptcy judges established by section 3(a) of Public Law 102–361 (28 U.S.C. 152 note) for the following districts are hereby converted so as to be included in the permanent offices of bankruptcy judges that are added by the amendments made by section 202 with respect to the corresponding districts:
The district of Delaware.
The district of New Hampshire.
The eastern district of Tennessee.
Extension of certain temporary offices of bankruptcy judges established by Public Law 109–8
Extensions
The temporary offices of bankruptcy judges established for the eastern district of Pennsylvania and the middle district of North Carolina by section 1223(b)(1) of Public Law 109–8 (28 U.S.C. 152 note) are extended until the 1st vacancy occurring in the office of a bankruptcy judge in the respective district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years or more after the date of the enactment of this Act.
Applicability of other provisions
Except as provided in subsection (a), all other provisions of section 1223(b) of Public Law 109–8 (28 U.S.C. 152 note) remain applicable to the temporary offices of bankruptcy judges referred to in subsection (a).
Paygo offset
Bankruptcy filing fees
Section 1930(a) of title 28, United States Code, is amended—
in paragraph (1)—
in subparagraph (A) by
striking $245
and inserting $246
; and
in subparagraph (B) by
striking $235
and inserting $236
; and
in paragraph (3) by striking
$1,000
and inserting $1,050
.
United States Trustee Fund
Section 589a(b) of title 28, United States Code, is amended—
in paragraph (1)—
in subparagraph (A) by
striking 40.46
and inserting 40.28
; and
in subparagraph (B) by striking
28.33
and inserting 28.15
; and
in paragraph (2) by
striking 55
and inserting 52.38
.
Collection and deposition of miscellaneous bankruptcy fees
Section 406(b) of the Judiciary Appropriations Act, 1990 (Public Law 101–162; 28 U.S.C. 1931 note) is amended—
by striking
28.87
and inserting 28.74
;
by striking
35.00
and inserting 34.77
; and
by striking
25
and inserting 23.81
.
Effective dates
General effective date
Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date of the enactment of this Act.
Special effective date
The amendments made by section 205 shall take effect 180 days after the date 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.
.
July 21, 2010
Reported with an amendment and an amendment to the title