IV

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.

1 Resolved by the House of Representatives (the Senate

2 concurring), That in the enrollment of the bill (H.R.

3 2215), An Act to authorize appropriations for the Depart4 ment of Justice for fiscal year 2002, and for other pur5 poses, the Clerk of the House of Representatives shall cor6 rect the bill by adding at the end the following (and con7 forming the table of contents of the bill accordingly):
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1 TITLE V—FAMILY FARMERS AND

2 FAMILY FISHERMEN PROTEC3 TION ACT OF 2002

4 SEC. 14201. FAMILY FARMERS AND FAMILY FISHERMEN

5 PROTECTION.

6 (a) SHORT TITLE.—This section may be cited as the

7 ‘‘Family Farmers and Family Fishermen Protection Act

8 of 2002’’.

9 (b) PERMANENT REENACTMENT OF CHAPTER 12.—

10 (1) REENACTMENT.—

11 (A) IN GENERAL.—Chapter 12 of title 11,

12 United States Code, as reenacted by section

13 149 of division C of the Omnibus Consolidated

14 and Emergency Supplemental Appropriations

15 Act, 1999 (Public Law 105–277), is hereby re16 enacted, and as here reenacted is amended by

17 this section.

18 (B) EFFECTIVE DATE.—Subsection (a)

19 shall take effect on the date of the enactment

20 of this Act.

21 (2) CONFORMING AMENDMENT.—Section 302

22 of the Bankruptcy Judges, United States Trustees,

23 and Family Farmer Bankruptcy Act of 1986 (28

24 U.S.C. 581 note) is amended by striking subsection

25 (f).
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1 (c) DEBT LIMIT INCREASE.—Section 104(b) of title

2 11, United States Code, is amended by inserting

3 ‘‘101(18),’’ after ‘‘sections’’ each place it appears.

4 (d) CERTAIN CLAIMS OWED TO GOVERNMENTAL

5 UNITS.—

6 (1) CONTENTS OF PLAN.—Section 1222(a)(2)

7 of title 11, United States Code, is amended to read

8 as follows:

9 ‘‘(2) provide for the full payment, in deferred

10 cash payments, of all claims entitled to priority

11 under section 507, unless—

12 ‘‘(A) the claim is a claim owed to a govern13 mental unit that arises as a result of the sale,

14 transfer, exchange, or other disposition of any

15 farm asset used in the debtor’s farming oper16 ation, in which case the claim shall be treated

17 as an unsecured claim that is not entitled to

18 priority under section 507, but the debt shall be

19 treated in such manner only if the debtor re20 ceives a discharge; or

21 ‘‘(B) the holder of a particular claim

22 agrees to a different treatment of that claim;’’.

23 (2) SPECIAL NOTICE PROVISIONS.—Section

24 1231(b) of title 11, United States Code, as so des25 ignated by this section is amended by striking ‘‘a
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1 State or local governmental unit’’ and inserting ‘‘any

2 governmental unit’’.

3 (e) DEFINITION OF FAMILY FARMER.—Section

4 101(18) of title 11, United States Code, is

5 amended—

6 (1) in subparagraph (A)—

7 (A) by striking ‘‘$1,500,000’’ and inserting

8 ‘‘$3,237,000’’; and

9 (B) by striking ‘‘80’’ and inserting ‘‘50’’;

10 and

11 (2) in subparagraph (B)(ii)—

12 (A) by striking ‘‘$1,500,000’’ and inserting

13 ‘‘$3,237,000’’; and

14 (B) by striking ‘‘80’’ and inserting ‘‘50’’.

15 (f) ELIMINATION OF REQUIREMENT THAT FAMILY

16 FARMER AND SPOUSE RECEIVE OVER 50 PERCENT OF

17 INCOME FROM FARMING OPERATION IN YEAR PRIOR TO

18 BANKRUPTCY.—Section 101(18)(A) of title 11, United

19 States Code, is amended by striking ‘‘for the taxable year

20 preceding the taxable year’’ and inserting the following:

21 ‘‘for—

22 ‘‘(i) the taxable year preceding; or

23 ‘‘(ii) each of the 2d and 3d taxable years

24 preceding;

25 the taxable year’’.
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1 (g) PROHIBITION OF RETROACTIVE ASSESSMENT OF

2 DISPOSABLE INCOME.—

3 (1) CONFIRMATION OF PLAN.—Section

4 1225(b)(1) of title 11, United States Code, is

5 amended—

6 (A) in subparagraph (A) by striking ‘‘or’’

7 at the end;

8 (B) in subparagraph (B) by striking the

9 period at the end and inserting ‘‘; or’’; and

10 (C) by adding at the end the following:

11 ‘‘(C) the value of the property to be distributed

12 under the plan in the 3-year period, or such longer

13 period as the court may approve under section

14 1222(c), beginning on the date that the first dis15 tribution is due under the plan is not less than the

16 debtor’s projected disposable income for such pe17 riod.’’.

18 (2) MODIFICATION OF PLAN.—Section 1229 of

19 title 11, United States Code, is amended by adding

20 at the end the following:

21 ‘‘(d) A plan may not be modified under this section—

22 ‘‘(1) to increase the amount of any payment

23 due before the plan as modified becomes the plan;

24 ‘‘(2) by anyone except the debtor, based on an

25 increase in the debtor’s disposable income, to in-
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1 crease the amount of payments to unsecured credi2 tors required for a particular month so that the ag3 gregate of such payments exceeds the debtor’s dis4 posable income for such month; or

5 ‘‘(3) in the last year of the plan by anyone ex6 cept the debtor, to require payments that would

7 leave the debtor with insufficient funds to carry on

8 the farming operation after the plan is completed.’’.

9 (h) FAMILY FISHERMEN.—

10 (1)DEFINITIONS.—Section 101 of title 11,

11 United States Code, is amended—

12 (A) by inserting after paragraph (7) the

13 following:

14 ‘‘(7A) ‘commercial fishing operation’ means—

15 ‘‘(A) the catching or harvesting of fish,

16 shrimp, lobsters, urchins, seaweed, shellfish, or

17 other aquatic species or products of such spe18 cies; or

19 ‘‘(B) for purposes of section 109 and chap20 ter 12, aquaculture activities consisting of rais21 ing for market any species or product described

22 in subparagraph (A);

23 ‘‘(7B) ‘commercial fishing vessel’ means a ves24 sel used by a family fisherman to carry out a com25 mercial fishing operation;’’; and
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1 (B) by inserting after paragraph (19) the

2 following:

3 ‘‘(19A) ‘family fisherman’ means—

4 ‘‘(A) an individual or individual and spouse

5 engaged in a commercial fishing operation—

6 ‘‘(i) whose aggregate debts do not ex7 ceed $1,500,000 and not less than 80 per8 cent of whose aggregate noncontingent, liq9 uidated debts (excluding a debt for the

10 principal residence of such individual or

11 such individual and spouse, unless such

12 debt arises out of a commercial fishing op13 eration), on the date the case is filed, arise

14 out of a commercial fishing operation

15 owned or operated by such individual or

16 such individual and spouse; and

17 ‘‘(ii) who receive from such commer18 cial fishing operation more than 50 percent

19 of such individual’s or such individual’s

20 and spouse’s gross income for the taxable

21 year preceding the taxable year in which

22 the case concerning such individual or such

23 individual and spouse was filed; or

24 ‘‘(B) a corporation or partnership—
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1 ‘‘(i) in which more than 50 percent of

2 the outstanding stock or equity is held

3 by—

4 ‘‘(I) 1 family that conducts the

5 commercial fishing operation; or

6 ‘‘(II) 1 family and the relatives

7 of the members of such family, and

8 such family or such relatives conduct

9 the commercial fishing operation; and

10 ‘‘(ii)(I) more than 80 percent of the

11 value of its assets consists of assets related

12 to the commercial fishing operation;

13 ‘‘(II) its aggregate debts do not ex14 ceed $1,500,000 and not less than 80 per15 cent of its aggregate noncontingent, liq16 uidated debts (excluding a debt for 1

17 dwelling which is owned by such corpora18 tion or partnership and which a share19 holder or partner maintains as a principal

20 residence, unless such debt arises out of a

21 commercial fishing operation), on the date

22 the case is filed, arise out of a commercial

23 fishing operation owned or operated by

24 such corporation or such partnership; and
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1 ‘‘(III) if such corporation issues stock,

2 such stock is not publicly traded;

3 ‘‘(19B) ‘family fisherman with regular annual

4 income’ means a family fisherman whose annual in5 come is sufficiently stable and regular to enable such

6 family fisherman to make payments under a plan

7 under chapter 12 of this title;’’.

8 (2) WHO MAY BE A DEBTOR.—Section 109(f) of

9 title 11, United States Code, is amended by insert10 ing ‘‘or family fisherman’’ after ‘‘family farmer’’.

11 (3) CHAPTER 12.—Chapter 12 of title 11,

12 United States Code, is amended—

13 (A) in the chapter heading, by inserting

14 ‘‘OR FISHERMAN’’ after ‘‘FAMILY

15 FARMER’’;

16 (B) in section 1203, by inserting ‘‘or com17 mercial fishing operation’’ after ‘‘farm’’; and

18 (C) in section 1206, by striking ‘‘if the

19 property is farmland or farm equipment’’ and

20 inserting ‘‘if the property is farmland, farm

21 equipment, or property used to carry out a

22 commercial fishing operation (including a com23 mercial fishing vessel)’’.

24 (4) CLERICAL AMENDMENT.—In the table of

25 chapters for title 11, United States Code, the item
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1 relating to chapter 12, is amended to read as fol2 lows:

‘‘12. Adjustments of Debts of a Family Farmer or Family

Fisherman with Regular Annual Income ..... 1201’’.

3 (i) APPLICABILITY.—Nothing in this subsection shall

4 change, affect, or amend the Fishery Conservation and

5 Management Act of 1976 (16 U.S.C. 1801 et seq.).

6 (j) EFFECTIVE DATE; APPLICATION OF AMEND7 MENTS.—This section and the amendments made by this

8 section shall take effect on the date of the enactment of

9 this Act and shall not apply with respect to cases com10 menced under title 11 of the United States Code before

11 such date.

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