Temporary Bankruptcy Judgeships Extension Act of 2012

Mr. President, I congratulate Senator Coons for a second time on the passage of legislation that will reauthorize 30 temporary bankruptcy judgeships in districts around the country. I was pleased to support Senator Coons' very strong and persistent efforts on this important legislation. The Judiciary Committee reported this legislation favorably on December 15, 2011.

The Senate passed the first version of this legislation on April 19. Despite the good intentions of everyone involved, a technical error was discovered after transmittal to the House of Representatives. Senator Coons worked quickly with the House Judiciary Committee to resolve that technical issue and, on May 9, the House took up and passed a perfected bill.

As I noted the first time the Senate acted on this legislation, the bill we pass today, when enacted, will reauthorize 30 temporary judgeships in 14 States and Puerto Rico. All of these positions have already expired, and without this legislation, upon retirement or departure of the judges in these positions, they could not be filled again. Needlessly reducing the resources of our bankruptcy courts does nothing but put more pressure on Americans who are already navigating a difficult economic environment. This legislation should help avoid that and provide some small degree of relief to overburdened bankruptcy courts around the country. Quite frankly, I think we should be doing more and hope we will continue to make sure the Federal Judiciary has the resources it needs to serve all Americans.

As chairman of the Judiciary Committee, I will note once again my concern with a portion of the legislation the Senate passes today. In order to secure passage of this legislation, Senator Coburn insisted upon adding a section to the bill that purports to tell future Senate and House Judiciary Committees how to conduct their business. Unfortunately, the perfected bill we pass today retains this provision. Senator Coburn's amendment would dictate that before any of these 30 judgeships could be reauthorized again, the Senate and House Judiciary Committee's would be required to take certain steps and require a report from the Administrative Office of the United States Courts, AO. As a member of the Judiciary Committee, Senator Coburn knows that this is precisely what committees do in the ordinary course of

the consideration of legislation and what was done during the development of this legislation. Senator Coons worked with the AO, which made recommendations, and with bankruptcy judges in a variety of districts to determine where need was greatest. To codify an unenforceable mandate nominally imposed on future Congresses is unnecessary and unwise.

Once again I take the opportunity to thank and congratulate Senator Coons for his hard work and attention to this issue. This would not be passing again without his diligence, focus, and legislative skill. He has now done twice what has seemed impossible to do once.

Mr. Speaker, I submit the following exchange of letters:

May 9, 2012.

Hon. Lamar Smith,

Chairman, Committee on the Judiciary, Washington, DC.

Dear Chairman Smith: I am writing concerning H.R. 4967, the

``Temporary Bankruptcy Judgeships Extension Act of 2012,''

which is scheduled for Floor consideration today.

As you know, the Committee on Ways and Means maintains

jurisdiction over revenue measures generally. H.R. 4967,

contains a provision that raises revenue by increasing the

Chapter 11 filing fees for the operation and maintenance of

the courts of the United States, which falls within the

jurisdiction of the Committee on Ways and Means. In order to

expedite this bill for Floor consideration, the Committee

will forgo action on the bill. This is being done with the

understanding that it does not in any way prejudice the

Committee with respect to the appointment of conferees or its

jurisdictional prerogatives on this or similar legislation in

the future.

I would appreciate your response to this letter, confirming

this understanding with respect to H.R. 4967, and would ask

that a copy of our exchange of letters on this matter be

included in the Congressional Record during Floor

consideration.

Sincerely,

Dave Camp,

Chairman.

Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of H.R. 4967, which was received from the House and is at the desk.

Mr. President, I ask unanimous consent that the bill be read three times and passed, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements be printed in the Record.

Mr. Speaker, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of the bill (H.R. 4967) to prevent the termination of the temporary office of bankruptcy judges in certain judicial districts, and ask for its immediate consideration in the House.