108th CONGRESS
1st Session
H. R. 1112
To amend title 28 of the United States Code to authorize the appointment
of additional bankruptcy judges, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 6, 2003
Mr. KINGSTON (for himself, Mr. FOLEY, Mr. HOYER, Mr. DEUTSCH, Mr. ROGERS
of Michigan, Mr. JENKINS, Mr. CASTLE, Mr. FROST, Mr. NADLER, Ms. ROS-LEHTINEN,
Mr. GIBBONS, Mr. GORDON, Mr. HOEFFEL, Mr. BURNS, Mr. GINGREY, Mr. MATHESON,
and Mr. SCHROCK) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 28 of the 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 2003'.
SEC. 2. PERMANENT JUDGESHIPS.
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 `9',
(6) in the item relating to the southern district of Georgia by striking
`2' and inserting `3',
(7) in the item relating to the district of Maryland by striking `4' and
inserting `7',
(8) in the item relating to the eastern district of Michigan by striking
`4' and inserting `6',
(9) in the item relating to the district of Nevada by striking `3' and inserting
`5',
(10) in the item relating to the district of New Jersey by striking `8'
and inserting `9',
(11) in the item relating to the southern district of New York by striking
`9' and inserting `11',
(12) in the item relating to the eastern district of North Carolina by striking
`2' and inserting `3',
(13) in the item relating to the eastern district of Pennsylvania by striking
`5' and inserting `6',
(14) in the item relating to the district of Puerto Rico by striking `2'
and inserting `3',
(15) in the item relating to the district of South Carolina by striking
`2' and inserting `3',
(16) in the item relating to the western district of Tennessee by striking
`4' and inserting `6',
(17) in the item relating to the district of Utah by striking `3' and inserting
`4', and
(18) in the item relating to the eastern district of Virginia by striking
`5' and inserting `6'.
SEC. 3. TEMPORARY 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 southern district of Georgia.
(B) One additional bankruptcy judge for the district of Maryland.
(C) One additional bankruptcy judge for the eastern district of Mississippi.
(D) One additional bankruptcy judge for the northern district of Mississippi.
(E) One additional bankruptcy judge for the middle district of New York.
(F) One additional bankruptcy judge for the middle district of Pennsylvania.
(G) One additional bankruptcy judge for the district of Puerto Rico.
(2) VACANCIES- The first vacancy occurring 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;
(1) IN GENERAL- The temporary office of bankruptcy judges 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 after the date of the enactment of this Act.
(2) 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 office of bankruptcy judges referred to in this subsection.
(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 to be appointed for a judicial district, as provided
in paragraph (2), shall be appointed by the court of appeals of the United
States for the circuit in which such district is located.'; and
(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'.
(d) EFFECTIVE DATE- The amendments made by this section shall take effect
on the date of the enactment of this Act.
END
