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106th CONGRESS
2d Session
H. R. 5530
To extend for 1 additional year the period for which chapter 12 of
title 11 of the United States Code is reenacted; to provide for
additional temporary bankruptcy judges; and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 24, 2000
Mr. Kingston introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To extend for 1 additional year the period for which chapter 12 of
title 11 of the United States Code is reenacted; to provide for
additional temporary 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 ``Chapter 12 Extension and Bankruptcy
Judgeship Act of 2000''.
SEC. 2. EXTENSION OF CHAPTER 12 OF TITLE 11 OF THE UNITED STATES CODE.
(a) Amendments.--Section 149 of title I of division C of Public Law
105-277, as amended by Public Law 106-5 and Public Law 106-70, is
amended--
(1) by striking ``July 1, 2000'' each place it appears and
inserting ``July 1, 2001''; and
(2) in subsection (a)--
(A) by striking ``September 30, 1999'' and
inserting ``June 30, 2000''; and
(B) by striking ``October 1, 1999'' and inserting
``July 1, 2000''.
(b) Effective Date.--
The amendments made by subsection (a) shall take effect on July 1,
2000.
SEC. 3. BANKRUPTCY JUDGESHIPS.
(a) Temporary Judgeships.--
(1) Appointments.--The following bankruptcy judges shall be
appointed 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 judge for the eastern
district of California.
(B) Four additional bankruptcy judges for the
central district of California.
(C) One additional bankruptcy judge for the
district of Delaware.
(D) Two additional bankruptcy judges for the
southern district of Florida.
(E) One additional bankruptcy judge for the
southern district of Georgia.
(F) Two additional bankruptcy judges for the
district of Maryland.
(G) One additional bankruptcy judge for the eastern
district of Michigan.
(H) One additional bankruptcy judge for the
southern district of Mississippi.
(I) One additional bankruptcy judge for the
district of New Jersey.
(J) One additional bankruptcy judge for the eastern
district of New York.
(K) One additional bankruptcy judge for the
northern district of New York.
(L) One additional bankruptcy judge for the
southern district of New York.
(M) One additional bankruptcy judge for the eastern
district of North Carolina.
(N) One additional bankruptcy judge for the eastern
district of Pennsylvania.
(O) One additional bankruptcy judge for the middle
district of Pennsylvania.
(P) One additional bankruptcy judge for the
district of Puerto Rico.
(Q) One additional bankruptcy judge for the western
district of Tennessee.
(R) One additional bankruptcy judge for the eastern
district of Virginia.
(2) Vacancies.--The first vacancy occurring in the office
of a bankruptcy judge in each of the judicial districts set
forth in paragraph (1) shall not be filled if the vacancy--
(A) results from the death, retirement,
resignation, or removal of a bankruptcy judge; and
(B) occurs 5 years or more after the appointment
date of a bankruptcy judge appointed under paragraph
(1).
(b) Extensions.--
(1) In general.--The temporary office of bankruptcy judges
authorized for the northern district of Alabama, the district
of Delaware, the district of Puerto Rico, the district of South
Carolina, and the eastern district of Tennessee under
paragraphs (1), (3), (7), (8), 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--
(A) 8 years or more after November 8, 1993, with
respect to the northern district of Alabama;
(B) 10 years or more after October 28, 1993, with
respect to the district of Delaware;
(C) 8 years or more after August 29, 1994, with
respect to the district of Puerto Rico;
(D) 8 years or more after June 27, 1994, with
respect to the district of South Carolina; and
(E) 8 years or more after November 23, 1993, with
respect to the eastern district of Tennessee.
(2) Applicability of other provisions.--Except as provided
in paragraph (1), section 3 of the Bankruptcy Judgeship Act of
1992 (28 U.S.C. 152 note) shall continue to apply to the
temporary office of bankruptcy judges referred to in such
paragraph.
(c) Technical Amendments.--Section 152(a) of title 28, United
States Code, is amended--
(1) in paragraph (1) by striking the first sentence and
inserting the following:
``Each bankruptcy judge authorized 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.''; and
(2) in paragraph (2)--
(A) in the item relating to the middle district of
Georgia, by striking ``2'' and inserting ``3''; and
(B) in the collective item relating to the middle
and southern districts of Georgia, by striking ``Middle
and Southern . . . . . . 1''.
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