,,ii #aafth ,,congress #b;d ,session ,s4 #diif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjbj,mr4 ,graham 7for himself1 ,mr4 ,coons1 ,mr4 ,rubio1 ,mr4 ,cardin1 ,mrs4 ,blackburn1 and ,mr4 ,carper7 introduced the following bill2 which was read twice1 considered1 read the third time1 and passed ,a ,,bill ,to ensure funding of the ,united ,states trustees1 extend temporary bankruptcy judgeships1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bankruptcy ,administration ,improvement ,act of #bjbj4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,because of the importance of the goal that the bankruptcy system is self-funded1 at no cost to the taxpayer1 ,congress has closely monitored the funding needs of the bankruptcy system1 including by requiring periodic reporting by the ,attorney ,general regarding the ,united ,states ,trustee ,system ,fund4 7#b7 ,congress has amended the various bankruptcy fees as necessary to ensure that the bankruptcy system remains self-supporting1 while also fairly allocating the costs of the system among those who use the system4 7#c7 ,because the bankruptcy system is interconnected1 the result has been a system of fees1 including filing fees1 quarterly fees in chapter #aa cases1 and other fees1 that together fund the courts1 judges1 ,united ,states trustees1 and chapter #g case trustees necessary for the bankruptcy system to function4 7#d7 ,this ,act and the amendments made by this ,act-- 7,a7 ensure adequate funding of the ,united ,states trustees1 supports the preservation of existing bankruptcy judgeships that are urgently needed to handle existing and anticipated increases in business and consumer caseloads1 and provides long-overdue additional compensation for chapter #g case trustees whose caseloads include chapter #aa reorganization cases that were converted to chapter #g liquidation cases2 and 7,b7 confirm the longstanding intention of ,congress that quarterly fee requirements remain consistent across all ,federal judicial districts4 7b7 ,purpose ,the purpose of this ,act and the amendments made by this ,act is to further the long-standing goal of ,congress of ensuring that the bankruptcy system is self-funded1 at no cost to the taxpayer4 #c4 ,united states trustee system fund2 bankruptcy fees 7a7 ,deposits of certain fees for fiscal years #bjba through #bjbf ,notwithstanding section #ehi;a7b7 of title #bh1 ,united ,states ,code1 for each of fiscal years #bjba through #bjbf-- 7#a7 the fees collected under section #aicj7;a77#f7 of such title1 less the amount specified in subparagraph 7#b71 shall be deposited as specified in subsection 7b72 and 7#b7 #e1djj1jjj of the fees collected under section #aicj7;a77#f7 of such title shall be deposited in the general fund of the ,treasury4 7b7 ,united states trustee system fund ,section #ehi;a of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 7#a7 ,during each of fiscal years #bjba through #bjbf and notwithstanding subsections 7b7 and 7c71 the fees collected under section #aicj7;a77#f71 less the amount specified in paragraph 7#b71 shall be deposited as follows1 in the following order3 7,a7 ,first1 the amounts specified in the ,department of ,justice appropriations for that fiscal year1 shall be deposited as discretionary offsetting collections to the #8#8,united ,states ,trustee ,system ,fund01 pursuant to subsection 7a71 to remain available until expended4 7,b7 ,second1 the amounts determined annually by the ,director of the ,administrative ,office of the ,united ,states ,courts that are necessary to reimburse the judiciary for the costs of administering payments under section #ccj7;e7 of title #aa1 shall be deposited as mandatory offsetting collections to the ,united ,states ,trustee ,system ,fund1 and transferred and deposited into the special fund established under section #aica7;a71 and notwithstanding subsection 7a71 shall be available for expenditure without further appropriation4 7,c7 ,third1 the amounts determined annually by the ,director of the ,administrative ,office of the ,united ,states ,courts that are necessary to pay trustee compensation authorized by section #ccj7;e77#b7 of title #aa1 shall be deposited as mandatory offsetting collections to the ,united ,states ,trustee ,system ,fund1 and transferred and deposited into the ,chapter #g ,trustee ,fund established under section #ccj7;e7 of title #aa for payment to trustees serving in cases under chapter #g of title #aa 7in addition to the amounts paid under section #ccj7;b7 of title #aa71 in accordance with that section1 and notwithstanding subsection 7a71 shall be available for expenditure without further appropriation4 7,d7 ,fourth1 any remaining amounts shall be deposited as discretionary offsetting collections to the ,united ,states ,trustee ,system ,fund1 to remain available until expended4 7#b7 ,notwithstanding subsection 7b71 for each of fiscal years #bjba through #bjbf1 #e1djj1jjj of the fees collected under section #aicj7;a77#f7 shall be deposited in the general fund of the ,treasury4 4 7c7 ,compensation of officers ,section #ccj of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 7#a7 ,there is established a fund in the ,treasury of the ,united ,states1 to be known as the ,chapter #g ,trustee ,fund1 which shall be administered by the ,director of the ,administrative ,office of the ,united ,states ,courts4 7#b7 ,deposits into the ,chapter #g ,trustee ,fund under section #ehi;a7f77#a77;,c7 of title #bh shall be available until expended for the purposes described in paragraph 7#c74 7#c7 ,for fiscal years #bjba through #bjbf1 the ,chapter #g ,trustee ,fund shall be available to pay the trustee serving in a case that is filed under chapter #g or a case that is converted to a chapter #g case in the most recent fiscal year 7referred to in this subsection as a chapter #g case7 the amount described in paragraph 7#d7 for the chapter #g case in which the trustee has rendered services in that fiscal year4 7#d7 ,the amount described in this paragraph shall be the lesser of-- 7,a7 #fj2 or 7,b7 a pro rata share1 for each chapter #g case1 of the fees collected under section #aicj7;a77#f7 of title #bh and deposited to the ,united ,states ,trustee ,system ,fund under section #ehi;a7f77#a7 of title #bh1 less the amounts specified in section #ehi;a7f77#a77;,a7 and 7,b7 of title #bh4 7#e7 ,the payment received by a trustee under paragraph 7#c7 shall be paid in addition to the amount paid under subsection 7b74 7#f7 ,not later than ,september #cj1 #bjba1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall promulgate regulations for the administration of this subsection4 4 7d7 ,bankruptcy fees ,section #aicj7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#f77;,b7 and inserting the following3 7,b7 7i7 ,during the #e-year period beginning on ,january #a1 #bjba1 in addition to the filing fee paid to the clerk1 a quarterly fee shall be paid to the ,united ,states trustee1 for deposit in the ,treasury1 in each open and reopened case under chapter #aa of title #aa1 other than under subchapter ,v1 for each quarter 7including any fraction thereof7 until the case is closed1 converted1 or dismissed1 whichever occurs first4 7ii7 ,the fee shall be the greater of-- 7,i7 #j4d percent of disbursements or #bej for each quarter in which disbursements total less than #a1jjj1jjj2 and 7,,ii7 #j4h percent of disbursements but not more than #bej1jjj for each quarter in which disbursements total at least #a1jjj1jjj4 7iii7 ,the fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed4 2 and 7#b7 in paragraph 7#g71 in the first sentence1 by striking may and inserting shall4 7e7 ,applicability 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall take effect on the date of enactment of this ,act4 7#b7 ,exceptions 7,a7 ,compensation of officers ,the amendments made by subsection 7c7 shall apply to any case filed on or after the date of enactment of this ,act-- 7i7 under chapter #g of title #aa1 ,united ,states ,code2 or 7ii7 7,i7 under chapter #aa1 #ab1 or #ac of that title2 and 7,,ii7 converted to a chapter #g case under that title4 7,b7 ,bankruptcy fees ,the amendments made by subsection 7d7 shall apply to-- 7i7 any case pending under chapter #aa of title #aa1 ,united ,states ,code1 on or after the date of enactment of this ,act2 and 7ii7 quarterly fees payable under section #aicj7;a77#f7 of title #bh1 ,united ,states ,code1 as amended by subsection 7d71 for disbursements made in any calendar quarter that begins on or after the date of enactment of this ,act4 #d4 ,extension of temporary office of bankruptcy judges in certain judicial districts 7a7 ,temporary office of bankruptcy judges authorized by the bankruptcy judgeship act of #bjag 7#a7 ,extensions ,the temporary office of bankruptcy judges authorized by section #ajjc7;a7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note7 for the district of ,delaware and the eastern district of ,michigan are extended until the applicable vacancy specified in paragraph 7#b7 in the office of a bankruptcy judge for the respective district occurs4 7#b7 ,vacancies 7,a7 ,district of delaware ,the #ast and #b;d vacancies in the office of a bankruptcy judge for the district of ,delaware-- 7i7 occurring #e years or more after the date established by section #ajjc7;b77#a7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7,b7 ,eastern district of michigan ,the #ast vacancy in the office of a bankruptcy judge for the eastern district of ,michigan-- 7i7 occurring #e years or more after the date established by section #ajjc7;b77#c7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7#c7 ,applicability of other provisions ,except as provided in paragraphs 7#a7 and 7#b71 all other provisions of section #ajjc of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note7 remain applicable to the temporary office of bankruptcy judges referred to in paragraph 7#a74 7b7 ,temporary office of bankruptcy judges authorized by the bankruptcy judgeship act of #bjje and extended by the temporary bankruptcy judgeships extension act of #bjab and the bankruptcy judgeship act of #bjag 7#a7 ,extensions ,the temporary office of bankruptcy judges authorized for the following districts by section #abbc7;b7 of the ,bankruptcy ,judgeship ,act of #bjje 7#bh ,u4,s4,c4 #aeb note71 extended by section #b7;a7 of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note71 and further extended by section #ajjb7;a7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note7 are extended until the applicable vacancy specified in paragraph 7#b7 in the office of a bankruptcy judge for the respective district occurs3 7,a7 ,the district of ,delaware4 7,b7 ,the southern district of ,florida4 7,c7 ,the district of ,maryland4 7,d7 ,the eastern district of ,michigan4 7,e7 ,the district of ,nevada4 7,f7 ,the eastern district of ,north ,carolina4 7,g7 ,the district of ,puerto ,rico4 7,h7 ,the eastern district of ,virginia4 7#b7 ,vacancies 7,a7 ,single vacancies ,except as provided in subparagraphs 7,b71 7,c71 7,d71 7,e71 and 7,f71 the #ast vacancy in the office of a bankruptcy judge for each district specified in paragraph 7#a7-- 7i7 occurring #e years or more after the date established by section #ajjb7;a77#b7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7,b7 ,district of delaware ,the #c;d1 #dth1 #eth1 and #fth vacancies in the office of a bankruptcy judge for the district of ,delaware-- 7i7 occurring #e years or more after the date established by section #ajjb7;a77#b7 of ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7,c7 ,southern district of florida ,the #ast and #b;d vacancies in the office of a bankruptcy judge for the southern district of ,florida-- 7i7 occurring #e years or more after the date established by section #ajjb7;a77#b7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7,d7 ,district of maryland ,the #ast vacancy in the office of a bankruptcy judge for the district of ,maryland-- 7i7 occurring #e years or more after the date established by section #ajjb7;a77#b7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7,e7 ,eastern district of michigan ,the #b;d vacancy in the office of a bankruptcy judge for the eastern district of ,michigan-- 7i7 occurring #e years or more after the date established by section #ajjb7;a77#b7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7,f7 ,district of puerto rico ,the #ast vacancy in the office of a bankruptcy judge for the district of ,puerto ,rico-- 7i7 occurring #e years or more after the date established by section #ajjb7;a77#b7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7#c7 ,applicability of other provisions ,except as provided in paragraphs 7#a7 and 7#b71 all other provisions of section #abbc of the ,bankruptcy ,judgeship ,act of #bjje 7#bh ,u4,s4,c4 #aeb note71 section #b of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note71 and section #ajjb of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note7 remain applicable to the temporary office of bankruptcy judges referred to in paragraph 7#a74 7c7 ,temporary office of bankruptcy judges authorized by the bankruptcy judgeship act of #bjje and extended by the temporary bankruptcy judgeships extension act of #bjab 7#a7 ,extensions ,the temporary office of bankruptcy judges authorized for the following districts by section #abbc7;b7 of the ,bankruptcy ,judgeship ,act of #bjje 7#bh ,u4,s4,c4 #aeb note7 and extended by section #b7;a7 of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note7 are extended until the applicable vacancy specified in paragraph 7#b7 in the office of a bankruptcy judge for the respective district occurs3 7,a7 ,the southern district of ,georgia4 7,b7 ,the district of ,maryland4 7,c7 ,the district of ,new ,jersey4 7,d7 ,the northern district of ,new ,york4 7,e7 ,the district of ,south ,carolina4 7#b7 ,vacancies 7,a7 ,single vacancies ,except as provided in subparagraph 7,b71 the #ast vacancy in the office of a bankruptcy judge for each district specified in paragraph 7#a7-- 7i7 occurring #e years or more after the date of the enactment of this ,act1 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7,b7 ,district of maryland ,the #b;d and #c;d vacancies in the office of a bankruptcy judge for the district of ,maryland-- 7i7 occurring #e years or more after the date of the enactment of this ,act1 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7#c7 ,applicability of other provisions ,except as provided in paragraphs 7#a7 and 7#b71 all other provisions of section #abbc of the ,bankruptcy ,judgeship ,act of #bjje 7#bh ,u4,s4,c4 #aeb note7 and section #b of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note7 remain applicable to the temporary office of bankruptcy judges referred to in paragraph 7#a74 7d7 ,temporary office of bankruptcy judges authorized by the bankruptcy judgeship act of #aiib and extended by the bankruptcy judgeship act of #bjje1 the temporary bankruptcy judgeships extension act of #bjab1 and the bankruptcy judgeship act of #bjag 7#a7 ,extensions ,the temporary office of bankruptcy judges authorized by section #c7;a7 of the ,bankruptcy ,judgeship ,act of #aiib 7#bh ,u4,s4,c4 #aeb note71 extended by section #abbc7;c7 of ,bankruptcy ,judgeship ,act of #bjje 7#bh ,u4,s4,c4 #aeb note71 extended by section #b7;b7 of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note71 and further extended by section #ajjb7;b7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note7 for the district of ,delaware and the district of ,puerto ,rico are extended until the applicable vacancy specified in paragraph 7#b7 in the office of a bankruptcy judge for the respective district occurs4 7#b7 ,vacancies 7,a7 ,district of delaware ,the #gth vacancy in the office of a bankruptcy judge for the district of ,delaware-- 7i7 occurring #e years or more after the date established by section #ajjb7;b77#b7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7,b7 ,district of puerto rico ,the #b;d vacancy in the office of a bankruptcy judge for the district of ,puerto ,rico-- 7i7 occurring #e years or more after the date established by section #ajjb7;b77#b7 of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note71 and 7ii7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7#c7 ,applicability of other provisions ,except as provided in paragraphs 7#a7 and 7#b71 all other provisions of section #c of the ,bankruptcy ,judgeship ,act of #aiib 7#bh ,u4,s4,c4 #aeb note71 section #abbc of ,bankruptcy ,judgeship ,act of #bjje 7#bh ,u4,s4,c4 #aeb note71 section #b of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note71 and section #ajjb of the ,bankruptcy ,judgeship ,act of #bjag 7#bh ,u4,s4,c4 #aeb note7 remain applicable to the temporary office of bankruptcy judges referred to in paragraph 7#a74 7e7 ,temporary office of bankruptcy judge authorized by the bankruptcy judgeship act of #aiib and extended by the bankruptcy judgeship act of #bjje and the temporary bankruptcy judgeships extension act of #bjab 7#a7 ,extensions ,the temporary office of bankruptcy judge authorized by section #c7;a7 of the ,bankruptcy ,judgeship ,act of #aiib 7#bh ,u4,s4,c4 #aeb note71 extended by section #abbc7;c7 of the ,bankruptcy ,judgeship ,act of #bjje 7#bh ,u4,s4,c4 #aeb note71 and further extended by section #b7;b7 of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note7 for the eastern district of ,tennessee is extended until the applicable vacancy specified in paragraph 7#b7 in the office of a bankruptcy judge for the district occurs4 7#b7 ,vacancy ,the #ast vacancy in the office of a bankruptcy judge for the eastern district of ,tennessee-- 7,a7 occurring #e years or more after the date of the enactment of this ,act1 and 7,b7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7#c7 ,applicability of other provisions ,except as provided in paragraphs 7#a7 and 7#b71 all other provisions of section #c of the ,bankruptcy ,judgeship ,act of #aiib 7#bh ,u4,s4,c4 #aeb note71 section #abbc of the ,bankruptcy ,judgeship ,act of #bjje 7#bh ,u4,s4,c4 #aeb note71 and section #b of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note7 remain applicable to the temporary office of bankruptcy judge referred to in paragraph 7#a74 7f7 ,temporary office of bankruptcy judge authorized by the bankruptcy judgeship act of #aiib and extended by the temporary bankruptcy judgeships extension act of #bjab 7#a7 ,extensions ,the temporary office of bankruptcy judge authorized by section #c7;a7 of the ,bankruptcy ,judgeship ,act of #aiib 7#bh ,u4,s4,c4 #aeb note7 and extended by section #b7;c7 of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note7 for the middle district of ,north ,carolina is extended until the applicable vacancy specified in paragraph 7#b7 in the office of a bankruptcy judge for the district occurs4 7#b7 ,vacancy ,the #ast vacancy in the office of a bankruptcy judge for the middle district of ,north ,carolina-- 7,a7 occurring #e years or more after the date of the enactment of this ,act1 and 7,b7 resulting from the death1 retirement1 resignation1 or removal of a bankruptcy judge1 shall not be filled4 7#c7 ,applicability of other provisions ,except as provided in paragraphs 7#a7 and 7#b71 all other provisions of section #c of the ,bankruptcy ,judgeship ,act of #aiib 7#bh ,u4,s4,c4 #aeb note7 and section #b of the ,temporary ,bankruptcy ,judgeships ,extension ,act of #bjab 7#bh ,u4,s4,c4 #aeb note7 7#bh ,u4,s4,c4 #aeb note7 remain applicable to the temporary office of bankruptcy judge referred to in paragraph 7#a74 #e4 ,regulations ,section #cge7;h7 of title #bh1 ,united ,states ,code1 is amended by striking may and inserting shall4