[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 488 Introduced in House (IH)]
107th CONGRESS
2d Session
H. CON. RES. 488
Directing the Clerk of the House of Representatives to correct the
enrollment of the bill H.R. 2215.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2002
Mr. Holden (for himself and Mr. Phelps) submitted the following
concurrent resolution; which was referred to the Committee on the
Judiciary, and in addition to the Committee on House Administration,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
CONCURRENT RESOLUTION
Directing the Clerk of the House of Representatives to correct the
enrollment of the bill H.R. 2215.
Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of the bill (H.R. 2215), An Act to authorize
appropriations for the Department of Justice for fiscal year 2002, and
for other purposes, the Clerk of the House of Representatives shall
correct the bill by adding at the end the following (and conforming the
table of contents of the bill accordingly):
TITLE V--FAMILY FARMERS AND FAMILY FISHERMEN PROTECTION ACT OF 2002
SEC. 14201. FAMILY FARMERS AND FAMILY FISHERMEN PROTECTION.
(a) Short Title.--This section may be cited as the ``Family Farmers
and Family Fishermen Protection Act of 2002''.
(b) Permanent Reenactment of Chapter 12.--
(1) Reenactment.--
(A) In general.--Chapter 12 of title 11, United
States Code, as reenacted by section 149 of division C
of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277), is
hereby reenacted, and as here reenacted is amended by
this section.
(B) Effective date.--Subsection (a) shall take
effect on the date of the enactment of this Act.
(2) Conforming amendment.--Section 302 of the Bankruptcy
Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (28 U.S.C. 581 note) is amended by striking
subsection (f).
(c) Debt Limit Increase.--Section 104(b) of title 11, United States
Code, is amended by inserting ``101(18),'' after ``sections'' each
place it appears.
(d) Certain Claims Owed to Governmental Units.--
(1) Contents of plan.--Section 1222(a)(2) of title 11,
United States Code, is amended to read as follows:
``(2) provide for the full payment, in deferred cash
payments, of all claims entitled to priority under section 507,
unless--
``(A) the claim is a claim owed to a governmental
unit that arises as a result of the sale, transfer,
exchange, or other disposition of any farm asset used
in the debtor's farming operation, in which case the
claim shall be treated as an unsecured claim that is
not entitled to priority under section 507, but the
debt shall be treated in such manner only if the debtor
receives a discharge; or
``(B) the holder of a particular claim agrees to a
different treatment of that claim;''.
(2) Special notice provisions.--Section 1231(b) of title
11, United States Code, as so designated by this section is
amended by striking ``a State or local governmental unit'' and
inserting ``any governmental unit''.
(e) Definition of Family Farmer.--Section 101(18) of title
11, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``$1,500,000'' and inserting
``$3,237,000''; and
(B) by striking ``80'' and inserting ``50''; and
(2) in subparagraph (B)(ii)--
(A) by striking ``$1,500,000'' and inserting
``$3,237,000''; and
(B) by striking ``80'' and inserting ``50''.
(f) Elimination of Requirement That Family Farmer and Spouse
Receive Over 50 Percent of Income From Farming Operation in Year Prior
to Bankruptcy.--Section 101(18)(A) of title 11, United States Code, is
amended by striking ``for the taxable year preceding the taxable year''
and inserting the following:
``for--
``(i) the taxable year preceding; or
``(ii) each of the 2d and 3d taxable years
preceding;
the taxable year''.
(g) Prohibition of Retroactive Assessment of Disposable Income.--
(1) Confirmation of plan.--Section 1225(b)(1) of title 11,
United States Code, is amended--
(A) in subparagraph (A) by striking ``or'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) the value of the property to be distributed under the
plan in the 3-year period, or such longer period as the court
may approve under section 1222(c), beginning on the date that
the first distribution is due under the plan is not less than
the debtor's projected disposable income for such period.''.
(2) Modification of plan.--Section 1229 of title 11, United
States Code, is amended by adding at the end the following:
``(d) A plan may not be modified under this section--
``(1) to increase the amount of any payment due before the
plan as modified becomes the plan;
``(2) by anyone except the debtor, based on an increase in
the debtor's disposable income, to increase the amount of
payments to unsecured creditors required for a particular month
so that the aggregate of such payments exceeds the debtor's
disposable income for such month; or
``(3) in the last year of the plan by anyone except the
debtor, to require payments that would leave the debtor with
insufficient funds to carry on the farming operation after the
plan is completed.''.
(h) Family Fishermen.--
(1)Definitions.--Section 101 of title 11, United States
Code, is amended--
(A) by inserting after paragraph (7) the following:
``(7A) `commercial fishing operation' means--
``(A) the catching or harvesting of fish, shrimp,
lobsters, urchins, seaweed, shellfish, or other aquatic
species or products of such species; or
``(B) for purposes of section 109 and chapter 12,
aquaculture activities consisting of raising for market
any species or product described in subparagraph (A);
``(7B) `commercial fishing vessel' means a vessel used by a
family fisherman to carry out a commercial fishing
operation;''; and
(B) by inserting after paragraph (19) the
following:
``(19A) `family fisherman' means--
``(A) an individual or individual and spouse
engaged in a commercial fishing operation--
``(i) whose aggregate debts do not exceed
$1,500,000 and not less than 80 percent of
whose aggregate noncontingent, liquidated debts
(excluding a debt for the principal residence
of such individual or such individual and
spouse, unless such debt arises out of a
commercial fishing operation), on the date the
case is filed, arise out of a commercial
fishing operation owned or operated by such
individual or such individual and spouse; and
``(ii) who receive from such commercial
fishing operation more than 50 percent of such
individual's or such individual's and spouse's
gross income for the taxable year preceding the
taxable year in which the case concerning such
individual or such individual and spouse was
filed; or
``(B) a corporation or partnership--
``(i) in which more than 50 percent of the
outstanding stock or equity is held by--
``(I) 1 family that conducts the
commercial fishing operation; or
``(II) 1 family and the relatives
of the members of such family, and such
family or such relatives conduct the
commercial fishing operation; and
``(ii)(I) more than 80 percent of the value
of its assets consists of assets related to the
commercial fishing operation;
``(II) its aggregate debts do not exceed
$1,500,000 and not less than 80 percent of its
aggregate noncontingent, liquidated debts
(excluding a debt for 1 dwelling which is owned
by such corporation or partnership and which a
shareholder or partner maintains as a principal
residence, unless such debt arises out of a
commercial fishing operation), on the date the
case is filed, arise out of a commercial
fishing operation owned or operated by such
corporation or such partnership; and
``(III) if such corporation issues stock,
such stock is not publicly traded;
``(19B) `family fisherman with regular annual income' means
a family fisherman whose annual income is sufficiently stable
and regular to enable such family fisherman to make payments
under a plan under chapter 12 of this title;''.
(2) Who may be a debtor.--Section 109(f) of title 11,
United States Code, is amended by inserting ``or family
fisherman'' after ``family farmer''.
(3) Chapter 12.--Chapter 12 of title 11, United States
Code, is amended--
(A) in the chapter heading, by inserting ``OR
FISHERMAN'' after ``FAMILY FARMER'';
(B) in section 1203, by inserting ``or commercial
fishing operation'' after ``farm''; and
(C) in section 1206, by striking ``if the property
is farmland or farm equipment'' and inserting ``if the
property is farmland, farm equipment, or property used
to carry out a commercial fishing operation (including
a commercial fishing vessel)''.
(4) Clerical Amendment.--In the table of chapters for title
11, United States Code, the item relating to chapter 12, is
amended to read as follows:
``12. Adjustments of Debts of a Family Farmer or Family 1201''.
Fisherman with Regular Annual
Income.
(i) Applicability.--Nothing in this subsection shall change,
affect, or amend the Fishery Conservation and Management Act of 1976
(16 U.S.C. 1801 et seq.).
(j) Effective Date; Application of Amendments.--This section and
the amendments made by this section shall take effect on the date of
the enactment of this Act and shall not apply with respect to cases
commenced under title 11 of the United States Code before such date.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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