(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)
Temporary Bankruptcy Judgeships Extension Act of 2012 - (Sec. 2) Extends the temporary office of certain bankruptcy judgeships authorized or extended under the Bankruptcy Judgeship Act of 1992 and Bankruptcy Judgeship Act of 2005 until applicable vacancies identified in this Act occur in the office of a bankruptcy judge for specified districts in California, Delaware, Florida, Georgia, Maryland, Michigan, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Virginia, and Nevada.
Prohibits filling specified bankruptcy judge vacancies in such districts occurring more than five years after enactment of this Act and resulting from the death, retirement, resignation, or removal of a bankruptcy judge (thus extending the lapse date under current law by five years).
(Sec. 3) Increases by a specified amount the bankruptcy filing fee for a case commenced under chapter 11 (Reorganization) that does not concern a railroad. Requires that certain incremental amounts collected by reason of such increased fees be: (1) deposited in a special fund in the Treasury; and (2) made available to offset funds appropriated for the operation and maintenance of U.S. courts, but only to the extent specifically appropriated by an Act enacted after enactment of this Act.
Reduces the percentage of such fees to be deposited as offsetting collections to the U.S. Trustee System Fund (funds available to the Attorney General for operations of U.S. trustees). Increases the percentage of chapter 7 (Liquidation) and 13 (Adjustment of Debts of an Individual with Regular Income) fees to be deposited as offsetting receipts to remain available to the Judiciary for expenses, services, and administration of U.S. courts.
(Sec. 4) Requires Judiciary Committees of the House and Senate, prior to further reauthorization of any judgeship authorized by this Act, to: (1) conduct a review of the bankruptcy judgeships authorized by this Act to determine the need for continued reauthorization of each judgeship; (2) evaluate any changes in all bankruptcy case filings and the effect on filing fee revenue; and (3) require the Administrative Office of the Courts to submit a report on bankruptcy case workload, bankruptcy judgeship costs, and filing fee revenue.
[112th Congress Public Law 121]
[From the U.S. Government Publishing Office]
[[Page 345]]
TEMPORARY BANKRUPTCY JUDGESHIPS EXTENSION ACT OF 2012
[[Page 126 STAT. 346]]
Public Law 112-121
112th Congress
An Act
To prevent the termination of the temporary office of bankruptcy judges
in certain judicial districts. <<NOTE: May 25, 2012 - [H.R. 4967]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Temporary
Bankruptcy Judgeships Extension Act of 2012.>>
SECTION 1. <<NOTE: 28 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ``Temporary Bankruptcy Judgeships
Extension Act of 2012''.
SEC. 2. <<NOTE: 28 USC 152 note.>> EXTENSION OF TEMPORARY OFFICE
OF BANKRUPTCY JUDGES IN CERTAIN JUDICIAL
DISTRICTS.
(a) Temporary Office of Bankruptcy Judges Authorized by Public Law
109-8.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized for the following districts by section 1223(b) of
Public Law 109-8 (28 U.S.C. 152 note) are extended until the
applicable vacancy specified in paragraph (2) in the office of a
bankruptcy judge for the respective district occurs:
(A) The central district of California.
(B) The eastern district of California.
(C) The district of Delaware.
(D) The southern district of Florida.
(E) The southern district of Georgia.
(F) The district of Maryland.
(G) The eastern district of Michigan.
(H) The district of New Jersey.
(I) The northern district of New York.
(J) The eastern district of North Carolina.
(K) The eastern district of Pennsylvania.
(L) The middle district of Pennsylvania.
(M) The district of Puerto Rico.
(N) The district of South Carolina.
(O) The western district of Tennessee.
(P) The eastern district of Virginia.
(Q) The district of Nevada.
(2) Vacancies.--
(A) Single vacancies.--Except as provided in
subparagraphs (B), (C), (D), and (E), the 1st vacancy in
the office of a bankruptcy judge for each district
specified in paragraph (1)--
(i) occurring more than 5 years after the date
of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
[[Page 126 STAT. 347]]
shall not be filled.
(B) Central district of california.--The 1st, 2d,
and 3d vacancies in the office of a bankruptcy judge for
the central district of California--
(i) occurring 5 years or more after the date
of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(C) District of delaware.--The 1st, 2d, 3d, and 4th
vacancies in the office of a bankruptcy judge for the
district of Delaware--
(i) occurring more than 5 years after the date
of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(D) Southern district of florida.--The 1st and 2d
vacancies in the office of a bankruptcy judge for the
southern district of Florida--
(i) occurring more than 5 years after the date
of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(E) District of maryland.--The 1st, 2d, and 3d
vacancies in the office of a bankruptcy judge for the
district of Maryland--
(i) occurring more than 5 years after the date
of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of other provisions.--Except as provided
in paragraphs (1) and (2), all other provisions of section
1223(b) of Public Law 109-8 (28 U.S.C. 152 note) remain
applicable to the temporary office of bankruptcy judges referred
to in paragraph (1).
(b) Temporary Office of Bankruptcy Judges Extended by Public Law
109-8.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized by section 3 of the Bankruptcy Judgeship Act of 1992
(28 U.S.C. 152 note) and extended by section 1223(c) of Public
Law 109-8 (28 U.S.C. 152 note) for the district of Delaware, the
district of Puerto Rico, and the eastern district of Tennessee
are extended until the applicable vacancy specified in paragraph
(2) in the office of a bankruptcy judge for the respective
district occurs.
(2) Vacancies.--
(A) District of delaware.--The 5th vacancy in the
office of a bankruptcy judge for the district of
Delaware--
(i) occurring more than 5 years after the date
of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
[[Page 126 STAT. 348]]
(B) District of puerto rico.--The 2d vacancy in the
office of a bankruptcy judge for the district of Puerto
Rico--
(i) occurring more than 5 years after the date
of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(C) Eastern district of tennessee.--The 1st vacancy
in the office of a bankruptcy judge for the eastern
district of Tennessee--
(i) occurring more than 5 years after the date
of the enactment of this Act, and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of other provisions.--Except as provided
in paragraphs (1) and (2), all other provisions of section 3 of
the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and
section 1223(c) of Public Law 109-8 (28 U.S.C. 152 note) remain
applicable to the temporary office of bankruptcy judges referred
to in paragraph (1).
(c) Temporary Office of the Bankruptcy Judge Authorized by Public
Law 102-361 for the Middle District of North Carolina.--
(1) Extension.--The temporary office of the bankruptcy judge
authorized by section 3 of the Bankruptcy Judgeship Act of 1992
(28 U.S.C. 152 note) for the middle district of North Carolina
is extended until the vacancy specified in paragraph (2) occurs.
(2) Vacancy.--The 1st vacancy in the office of a bankruptcy
judge for the middle district of North Carolina--
(A) occurring more than 5 years after the date of
the enactment of this Act, and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of other provisions.--Except as provided
in paragraphs (1) and (2), 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 the bankruptcy judge
referred to in paragraph (1).
SEC. 3. BANKRUPTCY FILING FEE INCREASE.
(a) Bankruptcy Filing Fees.--Section 1930(a)(3) of title 28, United
States Code, is amended by striking ``$1,000'' and inserting ``$1,167''.
(b) United States Trustee System Fund.--Section 589a(b)(2) of title
28, United States Code, is amended by striking ``55'' and inserting
``48.89''.
(c) Collection and Deposit of Miscellaneous Bankruptcy Fees.--
Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 1931
note) is amended by striking ``25'' and inserting ``33.33''.
(d) Paygo Offset Expenditure <<NOTE: 28 USC 1931
note.>> Limitation.--$42 of the incremental amounts collected by reason
of the enactment of subsection (a) shall be deposited in a special fund
in the Treasury to be established after the date of enactment of this
Act. Such amounts
[[Page 126 STAT. 349]]
shall be available for the purposes specified in section 1931(a) of
title 28, United States Code, but only to the extent specifically
appropriated by an Act of Congress enacted after the date of enactment
of this Act.
(e) <<NOTE: 28 USC 589a note.>> Effective Date.--This section and
the amendments made by this section shall take effect 180 days after the
date of enactment of this Act.
SEC. 4. <<NOTE: Review. Reports. 28 USC 152 note.>> SUBSEQUENT
REAUTHORIZATION.
Prior to further reauthorization of any judgeship authorized by this
Act, the Committee on the Judiciary of the Senate and House of
Representatives shall conduct a review of the bankruptcy judgeships
authorized by this Act to determine the need, if any, for continued
reauthorization of each judgeship, to evaluate any changes in all
bankruptcy case filings and their effect, if any, on filing fee revenue,
and to require the Administrative Office of the Courts to submit a
report to the Committee on the Judiciary of the Senate and House of
Representatives on bankruptcy case workload, bankruptcy judgeship costs,
and filing fee revenue.
Approved May 25, 2012.
LEGISLATIVE HISTORY--H.R. 4967 (S. 1821):
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 158 (2012):
May 9, considered and passed House.
May 10, considered and passed Senate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee on Judiciary discharged.
Committee on Judiciary discharged.
Considered by unanimous consent. (consideration: CR H2492-2493)
Mr. Coble asked unanimous consent to discharge from committee and consider.
Passed/agreed to in House: On passage Passed without objection.(text: CR H2492-2493)
On passage Passed without objection. (text: CR H2492-2493)
Motion to reconsider laid on the table Agreed to without objection.
Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S3102-3103)
Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S3102-3103)
Enacted as Public Law 112-121
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Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 112-121.
Became Public Law No: 112-121.