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 concur-
rent 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 consider-
ation 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 Depart-
ment of Justice for fiscal year 2002, and for other pur-
poses, the Clerk of the House of Representatives shall cor-
rect the bill by adding at the end the following (and con-
forming the table of contents of the bill accordingly):
•HCON 488 IH
TITLE V—FAMILY FARMERS AND
FAMILY FISHERMEN PROTEC-
TION 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 re-
enacted, 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).
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(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 govern-
mental unit that arises as a result of the sale,
transfer, exchange, or other disposition of any
farm asset used in the debtor’s farming oper-
ation, 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 re-
ceives 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 des-
ignated by this section is amended by striking ‘‘a
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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’’.
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(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 dis-
tribution is due under the plan is not less than the
debtor’s projected disposable income for such pe-
riod.’’.
(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 in-
•HCON 488 IH
crease the amount of payments to unsecured credi-
tors required for a particular month so that the ag-
gregate of such payments exceeds the debtor’s dis-
posable income for such month; or
‘‘(3) in the last year of the plan by anyone ex-
cept 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 spe-
cies; or
‘‘(B) for purposes of section 109 and chap-
ter 12, aquaculture activities consisting of rais-
ing for market any species or product described
in subparagraph (A);
‘‘(7B) ‘commercial fishing vessel’ means a ves-
sel used by a family fisherman to carry out a com-
mercial fishing operation;’’; and
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(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 ex-
ceed $1,500,000 and not less than 80 per-
cent of whose aggregate noncontingent, liq-
uidated 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 op-
eration), 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 commer-
cial 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—
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‘‘(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 ex-
ceed $1,500,000 and not less than 80 per-
cent of its aggregate noncontingent, liq-
uidated debts (excluding a debt for 1
dwelling which is owned by such corpora-
tion or partnership and which a share-
holder 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
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‘‘(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 in-
come 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 insert-
ing ‘‘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 com-
mercial 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 com-
mercial fishing vessel)’’.
(4) CLERICAL AMENDMENT.—In the table of
chapters for title 11, United States Code, the item
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relating to chapter 12, is amended to read as fol-
lows:
‘‘12. Adjustments of Debts of a Family Farmer or Family
Fisherman with Regular Annual Income ..... 1201’’.
(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 AMEND-
MENTS.—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 com-
menced under title 11 of the United States Code before
such date.
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