In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''National High Performance Passenger
Rail Transportation-Oriented Development Act of 2012''.

SEC. 2. TRANSPORTATION-ORIENTED DEVELOPMENT INITIATIVE.

(a) Establishment.--The Secretary of Transportation (in this Act
referred to as the ''Secretary'') shall establish an initiative to
promote passenger rail operations and transportation-oriented
development by creating incentives for communities to encourage
dedicated revenue sources for urban and regional rail corridor
development.
(b) Implementation.--The Secretary shall appoint a Planning
Developer to oversee implementation of this initiative. The Planning
Developer shall report to the Secretary.
(c) Coordinating Committee.--The Secretary shall harmonize planning
requirements and direct coordination and administration of the
initiative between the Federal Railroad Administration and the Federal
Transit Administration. The Secretary shall appoint a Transportation-
Oriented Development Coordinating Committee composed of the Planning
Developer as Chair, the Administrator of the Federal Railroad
Administration, and the Administrator of the Federal Transit
Administration.

SEC. 3. FEDERAL INCENTIVES.

(a) Qualified Projects.--
(1) Criteria.--The Secretary shall establish criteria for
the designation of projects qualified for Federal incentives
pursuant to this section and the amendments made by this
section.
(2) Types of projects that may qualify.--Projects that may
qualify for Federal incentives pursuant to this section and the
amendments made by this section are those that contribute to
the generation of revenue by the capture of increasing value
from development around station areas, as defined by the
Secretary, which are likely to make long-term contributions to
rail corridor development funds or similar mechanisms that help
finance intercity and urban passenger rail infrastructure or
operating expenses. Such commercial development or other
projects designated as qualified by the Secretary may generate
revenue for transportation-oriented development and rail
operations in the region by increasing the tax base, promoting
job growth, promoting cost effectiveness, facilitating
intermodal connectivity, combining congestion relief with
station development, stimulating economic development, or any
other appropriate means. The capture of increased value shall
be through the establishment of special assessment districts or
similar mechanisms, and distribution of revenues shall be
through rail corridor development funds or similar mechanisms
established within the regions.
(3) Designated coordinating authority.--The Secretary shall
designate a State authority, or regional commission in
appropriate regions of the country as defined by the Secretary,
that petitions the Secretary to participate in the initiative
established under section 2. Such designated entity shall
provide for coordination among stakeholders, local governments,
and private developers in the defined region, and shall endorse
each project of, and be the lead party in, an application for
Federal incentives pursuant to this section and the amendments
made by this section.
(b) Railroad Rehabilitation Improvement Financing.--Section 502 of
the Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822) is amended--
(1) in subsection (a)--
(A) by striking ''and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ''; and''; and
(C) by adding at the end the following new
paragraph:
''(7) persons conducting a qualified project (as defined in
section 8 of the National High Performance Passenger Rail
Transportation-Oriented Development Act of 2012).''; and
(2) in subsection (b)(1)--
(A) by striking ''and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ''; or''; and
(C) by adding at the end the following new
subparagraph:
''(D) conduct a qualified project (as defined by
the Secretary under section 3 of the National High
Performance Passenger Rail Transportation-Oriented
Development Act of 2012.''.
(c) Transportation Infrastructure Finance.--Section 601(a)(8) of
title 23, United States Code, is amended--
(1) by striking ''and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ''; and''; and
(3) by adding at the end the following new subparagraph:
''(E) a qualified project (as defined by the
Secretary under section 3 of the National High
Performance Passenger Rail Transportation-Oriented
Development Act of 2012).''.
(d) Application Priority.--In general, Federal applications to the
Federal Railroad Administration and Federal Transit Administration for
railroad projects that participate in the transportation-oriented
development program under this Act shall receive a priority for funding
in the application decision process.
(e) Administrative Costs.--For administrative costs to carry out
this Act, including contracting with and support for the Planning
Developer and transportation-oriented development initial
administrative costs of the Federal Railroad Administration and Federal
Transit Administration for the first 5 years, the Secretary may use
such funds as necessary which are appropriated for carrying out chapter
6 of title 23, United States Code.
(f) Revenue Neutral Program Cost.--The Secretary may establish a
mechanism whereby amounts used under subsection (e) will be repaid to
the Secretary for use in carrying out chapter 6 of title 23, United
States Code. Repayment shall be derived from a small fee to all
recipients of funding provided under subsection (e). The repayment
shall commence upon substantial completion of qualified projects.

SEC. 4. TECHNICAL ASSISTANCE.

(a) National Technical Assistance.--The program established under
this Act shall provide technical assistance to the States with respect
to--
(1) identification of transportation-oriented development
opportunities;
(2) establishment of special assessment districts in
regions;
(3) establishment of rail corridor development funds; and
(4) expediting Federal, State, and local regulatory
approvals.
(b) States and Regions Outside the Northeast Corridor.--The
Secretary, through the initiative established by this Act, shall
provide technical assistance to the States and regions outside the
Northeast Corridor as identified by the Secretary, and shall provide--
(1) technical assistance on the establishment of Regional
Advisory Committees appropriate to carrying out the purposes of
this Act at the regional level; and
(2) technical assistance at the request of a State or
qualified entity provided by the Planning Developer that will
identify stations and potential stations within a given region,
and conduct a preliminary survey of property available and
potentially available, to maximize development and commercial
revenue generation to financially support the development of a
high performance rail passenger corridor.
(c) Northeast Corridor.--The Secretary, through the initiative
established under this Act, shall provide technical assistance to the
States and entities along the Northeast Corridor as identified by the
Secretary--
(1) on the establishment, by the Northeast Corridor
Infrastructure and Operations Advisory Commission established
under section 24905 of title 49, United States Code, of a
Northeast Corridor Transportation-Oriented Development Working
Group, which shall--
(A) include outside members with expertise in
transportation-oriented development;
(B) be chaired by the Planning Developer; and
(C) advise the Secretary and the Northeast Corridor
Infrastructure and Operations Advisory Commission on
the ways and means for carrying out the purposes of
this Act at the regional level; and
(2) technical assistance provided by the Planning Developer
to the Secretary and identified States and entities, not more
than one year after the date of enactment of this Act, that
will identify Northeast Corridor stations and potential
stations, and conduct a preliminary survey of property
available and potentially available, to maximize development
and commercial revenue generation to financially support the
creation of a true high-speed rail corridor in the Northeast
Corridor.

Output: National High Performance Passenger Rail Transportation-Oriented Development Act of 2012 - Directs the Secretary of Transportation (DOT) to establish an initiative to promote passenger rail operations and transportation-oriented development by creating rail projects qualified for federal incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development.

Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Secretary to provide direct loans and loan guarantees for qualified rail projects. Authorizes the Secretary to make secured loans, loan guarantees, or lines of credit for such projects.

Directs the Secretary to provide technical assistance to: (1) states to identify transportation-oriented development opportunities, (2) states and regions outside the Northeast Corridor to establish Regional Advisory Committees and identify stations and potential stations within the region to maximize development and commercial revenue generation to support financially the development of a high performance rail passenger corridor, and (3) states and entities along the Northeast Corridor to establish a Northeast Corridor Transportation-Oriented Development Working Group and identify Northeast Corridor stations and potential stations to maximize development and commercial revenue generation to support financially the creation of a true high-speed rail corridor in the Northeast Corridor.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Native American Children's Safety
Act''.

SEC. 2. CHARACTER INVESTIGATIONS.

Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the
following:
''(d) By Tribal Social Services Agency for Foster Care Placements
in Tribal Court Proceedings.--
''(1) Definitions.--In this subsection:
''(A) Covered individual.--The term 'covered
individual' includes--
''(i) any individual 18 years of age or
older; and
''(ii) any individual who an Indian tribe
described in paragraph (2)(A) determines is
subject to a character investigation under that
paragraph.
''(B) Foster care placement.--The term 'foster care
placement' means any action removing an Indian child
from a parent or Indian custodian for temporary
placement in a foster home or institution or the home
of a guardian or conservator if--
''(i) the parent or Indian custodian cannot
have the child returned on demand; and
''(ii) parental rights have not been
terminated.
''(C) Indian custodian.--The term 'Indian
custodian' means any Indian--
''(i) who has legal custody of an Indian
child under tribal law or custom or under State
law; or
''(ii) to whom temporary physical care,
custody, and control has been transferred by
the parent of the child.
''(D) Parent.--The term 'parent' means--
''(i) any biological parent of an Indian
child; or
''(ii) any Indian who has lawfully adopted
an Indian child, including adoptions under
tribal law or custom.
''(E) Tribal court.--The term 'tribal court' means
a court--
''(i) with jurisdiction over foster care
placements; and
''(ii) that is--
''(I) a Court of Indian Offenses;
''(II) a court established and
operated under the code or custom of an
Indian tribe; or
''(III) any other administrative
body of a tribe that is vested with
authority over foster care placements.
''(F) Tribal social services agency.--The term
'tribal social services agency' means the agency of the
Federal Government or of an Indian tribe described in
paragraph (2)(A) that has the primary responsibility
for carrying out foster care services (as of the date
on which the proceeding described in paragraph (2)(A)
commences) on the Indian reservation of the Indian
tribe.
''(2) Character investigations before placement.--
''(A) In general.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding over which an Indian tribe has exclusive
jurisdiction until the tribal social services agency--
''(i) completes an investigation of the
character of each covered individual who
resides in the household or is employed at the
institution in which the foster care placement
will be made; and
''(ii) concludes that each covered
individual described in clause (i) meets such
standards of character as the Indian tribe
shall establish in accordance with subparagraph
(B).
''(B) Standards of character.--The standards of
character described in subparagraph (A)(ii) shall
include--
''(i) requirements that each tribal social
services agency described in subparagraph (A)--
''(I) perform criminal records
checks, including fingerprint-based
checks of national crime information
databases (as defined in section
534(f)(3) of title 28, United States
Code); and
''(II) check any child abuse and
neglect registry maintained by the
State in which the covered individual
resides for information on the covered
individual, and request any other State
in which the covered individual resided
in the preceding 5 years, to enable the
tribal social services agency to check
any child abuse and neglect registry
maintained by that State for such
information; and
''(ii) any other additional requirement
that the Indian tribe determines is necessary.
''(C) Results.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding described in subparagraph (A) if an
investigation described in clause (i) of that
subparagraph reveals that a covered individual
described in that clause--
''(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
''(ii) is listed on a registry described in
subparagraph (B)(i)(II).
''(D) Deadline.--Except as provided in paragraph
(3), the tribal social services agency shall satisfy
the requirements of clauses (i) and (ii) of
subparagraph (A) not later than 14 days after the date
on which the proceeding described in subparagraph (A)
commences.
''(3) Emergency placement.--Paragraph (2) shall not apply
to an emergency foster care placement, as determined by an
Indian tribe described in paragraph (2)(A).
''(4) Recertification of foster homes or institutions.--
''(A) In general.--Not later than 180 days after
the date of enactment of this subsection, each Indian
tribe shall establish procedures to recertify homes or
institutions in which foster care placements are made.
''(B) Contents.--The procedures described in
subparagraph (A) shall include, at a minimum, periodic
intervals at which the home or institution shall be
subject to recertification to ensure--
''(i) the safety of the home or institution
for the Indian child; and
''(ii) that each covered individual who
resides in the home or is employed at the
institution is subject to a character
investigation in accordance with this
subsection, including any covered individual
who--
''(I) resides in the home or is
employed at the institution on the date
on which the procedures established
under subparagraph (A) commences; and
''(II) did not reside in the home
or was not employed at the institution
on the date on which the investigation
described in paragraph (2)(A)(i) was
completed.
''(C) Regulations promulgated or guidance issued by
the secretary.--The procedures established under
subparagraph (A) shall be subject to any regulation
promulgated or guidance issued by the Secretary that is
in accordance with the purpose of this subsection.
''(5) Regulations.--Not later than 180 days after the date
of enactment of this subsection and after consultation with
Indian tribes, the Secretary shall promulgate a regulation
regarding--
''(A) procedures for a character investigation of
any covered individual who--
''(i) resides in the home or is employed at
the institution in which the foster care
placement is made after the date on which the
investigation described in paragraph (2)(A)(i)
is completed; and
''(ii) was not the subject of an
investigation described in paragraph (2)(A)(i)
before the foster care placement was made;
''(B) self-reporting requirements for foster care
homes or institutions in which any covered individual
described in subparagraph (A) resides if the head of
the household or the operator of the institution has
knowledge that the covered individual--
''(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
''(ii) is listed on a registry described in
paragraph (2)(B)(i)(II);
''(C) procedures and guidelines for emergency
foster care placements under paragraph (3); and
''(D) procedures for certifying compliance with
this Act.''.

Output: Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit any foster care placement over which an Indian tribe has exclusive jurisdiction from being ordered until the tribal social services agency: (1) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards of character the tribe is required to establish. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to such character investigation. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual: (1) has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs; or (2) is listed on a child abuse and neglect registry in the state where the individual resides or resided within the preceding five years. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Secretary of the Interior to promulgate a regulation establishing: (1) procedures for investigating the character of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the character investigation, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Bankruptcy Amendments of 1997''.

SEC. 2. DEFINITIONS.

Section 101 of title 11, United States Code, is amended--
(1) by striking ''In this title--'' and inserting ''In this
title:'',
(2) in each paragraph by inserting ''The term'' after the
paragraph designation,
(3) in paragraph (35)(B) by striking ''paragraphs (21B) and
(33)(A)'' and inserting ''paragraphs (23) and (35)'',
(4) in paragraphs (35A) and (38) by striking ''; and'' at
the end and inserting a period,
(5) in paragraph (51B)--
(A) by inserting ''who is not a family farmer''
after ''debtor'' the first place it appears, and
(B) by striking ''$4,000,000'' and inserting
''$15,000,000 as of the date of the filing of the
petition'',
(6) by amending paragraph (54) to read as follows:
''(54) The term 'transfer' means--
''(A) creation of a lien;
''(B) retention of title as a security interest;
''(C) foreclosure of the debtor's equity of
redemption; or
''(D) every mode, direct or indirect, absolute or
conditional, voluntary or involuntary, of disposing of
or parting with property or with an interest in
property;'',
(7) in paragraphs (1) through (35), in paragraphs (36) and
(37), and in paragraphs (40) through (55), including paragraph
(54) as added by this section, by striking the semicolon at the
end and inserting a period, and
(8) by redesignating paragraphs (4) through (55), including
paragraph (54) as added by this section, in entirely numerical
sequence.

SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS.

Section 104 of title 11, United States Code, is amended by
inserting ''522(f)(3),'' after ''522(d),'' each place it appears.

SEC. 4. EXTENSION OF TIME.

Section 108(c)(2) of title 11, United States Code, is amended by
striking ''922'' and all that follows through ''or'', and inserting
''922, 1201, or''.

SEC. 5. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE
BANKRUPTCY PETITIONS.

Section 110(j)(3) of title 11, United States Code, is amended by
striking ''attorney's'' and inserting ''attorneys' ''.

SEC. 6. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS.

Section 328(a) of title 11, United States Code, is amended by
inserting ''on a fixed or percentage fee basis,'' after ''hourly
basis,''.

SEC. 7. COMPENSATION TO OFFICERS.

Section 330(a) of title 11, United States Code, is amended--
(1) in paragraph (1) by inserting '', or the debtor's
attorney'' after ''1103'', and
(2) in paragraph (3) by striking ''(3)(A) In'' and
inserting ''(3) In''.

SEC. 8. SPECIAL TAX PROVISIONS.

Section 346(g)(1)(C) of title 11, United States Code, is amended by
striking '', except'' and all that follows through ''1986''.

SEC. 9. EFFECT OF CONVERSION.

Section 348(f)(2) of title 11, United States Code, is amended by
inserting ''of the estate'' after ''property'' the first place it
appears.

SEC. 10. AUTOMATIC STAY.

Section 362(b) of title 11, United States Code, is amended--
(1) in paragraph (17) by striking ''or'' at the end,
(2) in paragraph (18) by striking the period at the end and
inserting ''; or'', and
(3) by adding at the end the following:
''(19) under subsection (a) of this section, of any
transfer that is not avoidable under section 544 and not
avoidable under section 549.''.

SEC. 11. DEFAULTS BASED ON NONMONETARY OBLIGATIONS.

(a) Executory Contracts and Unexpired Leases.--Section 365 of title
11, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A) by striking the semicolon
at the end and inserting the following:
''other than a default that is a breach of a provision relating
to--
''(i) the satisfaction of any provision (other than
a penalty rate or penalty provision) relating to a
default arising from any failure to perform nonmonetary
obligations under an unexpired lease of real property,
if it is impossible for the trustee to cure such
default by performing nonmonetary acts at and after the
time of assumption; or
''(ii) the satisfaction of any provision (other
than a penalty rate or penalty provision) relating to a
default arising from any failure to perform nonmonetary
obligations under an executory contract, if it is
impossible for the trustee to cure such default by
performing nonmonetary acts at and after the time of
assumption and if the court determines, based on the
equities of the case, that this subparagraph should not
apply with respect to such default;'', and
(B) by amending paragraph (2)(D) to read as
follows:
''(D) the satisfaction of any penalty rate or penalty
provision relating to a default arising from a failure to
perform nonmonetary obligations under an executory contract or
under an unexpired lease of real or personal property.'',
(2) in subsection (c)--
(A) in paragraph (2) by adding ''or'' at the end,
(B) in paragraph (3) by striking ''; or'' at the
end and inserting a period, and
(C) by striking paragraph (4),
(3) in subsection (d)--
(A) by striking paragraphs (5) through (9), and
(B) by redesignating paragraph (10) as
paragraph(5).
(4) in subsection (f)(1) by striking ''; except that'' and
all that follows through the end of the paragraph and inserting
a period.
(b) Impairment of Claims or Interests.--Section 1124(2) of title
11, United States Code, is amended--
(1) in subparagraph (A) by inserting ''or of a kind that
section 365(b)(1)(A) of this title expressly does not require
to be cured'' before the semicolon at the end,
(2) in subparagraph (C) by striking ''and'' at the end,
(3) by redesignating subparagraph (D) as subparagraph (E),
and
(4) by inserting after subparagraph (C) the following:
''(D) if such claim or such interest arises from
any failure to perform a nonmonetary obligation,
compensates the holder of such claim or such interest
(other than the debtor or an insider) for any actual
pecuniary loss incurred by such holder as a result of
such failure; and''.

SEC. 12. AMENDMENT TO TABLE OF SECTIONS.

The table of sections for chapter 5 of title 11, United States
Code, is amended by striking the item relating to section 556 and
inserting the following:

''556. Contractual right to liquidate a commodities contract or forward
contract.''.

SEC. 13. ALLOWANCE OF ADMINISTRATIVE EXPENSES.

Section 503(b)(4) of title 11, United States Code, is amended by
inserting ''subparagraph (A), (B), (C), (D), or (E) of'' before
''paragraph (3)''.

SEC. 14. PRIORITIES.

Section 507(a) of title 11, United States Code, is amended--
(1) in paragraph (3)(B) by striking the semicolon at the
end and inserting a period, and
(2) in paragraph (7) by inserting ''unsecured'' after
''allowed''.

SEC. 15. EXEMPTIONS.

Section 522 of title 11, United States Code, is amended--
(1) in subsection (f)(1)(A)(ii)(II)--
(A) by striking ''includes a liability designated
as'' and inserting ''is for a liability that is
designated as, and is actually in the nature of,'', and
(B) by striking '', unless'' and all that follows
through ''support.'', and
(2) in subsection (g)(2) by striking ''subsection (f)(2)''
and inserting ''subsection (f)(1)(B)''.

SEC. 16. EXCEPTIONS TO DISCHARGE.

Section 523 of title 11, United States Code, is amended--
(1) in subsection (a)(3) by striking ''or (6)'' each place
it appears and inserting ''(6), or (15)'',
(2) as amended by section 304(e) of Public Law 103-394 (108
Stat. 4133), in paragraph (15) by transferring such paragraph
so as to insert it after paragraph (14) of subsection (a),
(3) in paragraph (9) by inserting '', watercraft, or
aircraft'' after ''motor vehicle'',
(4) in subsection (a)(15), as so redesignated by operation
of paragraph (2), by inserting ''to a spouse, former spouse, or
child of the debtor and'' after ''(15)'',
(5) in subsection (a)(17)--
(A) by striking ''by a court'' and inserting ''on a
prisoner by any court'',
(B) by striking ''section 1915 (b) or (f)'' and
inserting ''subsection (b) or (f)(2) of section 1915'',
and
(C) by inserting ''(or a similar non-Federal law)''
after ''title 28'' each place it appears, and
(6) in subsection (e) by striking ''a insured'' and
inserting ''an insured''.

SEC. 17. EFFECT OF DISCHARGE.

Section 524(a)(3) of title 11, United States Code, is amended by
striking ''section 523'' and all that follows through ''or that'', and
inserting ''section 523, 1228(a)(1), or 1328(a)(1) of this title, or
that''.

SEC. 18. PROTECTION AGAINST DISCRIMINATORY TREATMENT.

Section 525(c) of title 11, United States Code, is amended--
(1) in paragraph (1) by inserting ''student'' before
''grant'' the second place it appears, and
(2) in paragraph (2) by striking ''the program operated
under part B, D, or E of'' and inserting ''any program operated
under''.

SEC. 19. PROPERTY OF THE ESTATE.

Section 541(b)(4)(B)(ii) of title 11, United States Code is amended
by inserting ''365 or'' before ''542''.

SEC. 20. LIMITATIONS ON AVOIDING POWERS.

Section 546 of title 11, United States Code, is amended by
redesignating the second subsection (g) as subsection (h).

SEC. 21. PREFERENCES.

Section 547 of title 11, United States Code, is amended--
(1) in subsection (b) by striking ''subsection (c)'' and
inserting ''subsections (c) and (h)'', and
(2) by adding at the end the following:
''(h) If the trustee avoids under subsection (b) a security
interest given between 90 days and 1 year before the date of the filing
of the petition, by the debtor to an entity that is not an insider for
the benefit of a creditor that is an insider, then such security
interest shall be considered to be avoided under this section only with
respect to the creditor that is an insider.''.

SEC. 22. POSTPETITION TRANSACTIONS.

Section 549(c) of title 11, United States Code, is amended--
(1) by inserting ''an interest in'' after ''transfer of'',
(2) by striking ''such property'' and inserting ''such real
property'', and
(3) by striking ''the interest'' and inserting ''such
interest''.

SEC. 23. SETOFF.

Section 553(b)(1) of title 11, United States Code, is amended by
striking ''362(b)(14)'' and inserting ''362(b)(17)''.

SEC. 24. DISPOSITION OF PROPERTY OF THE ESTATE.

Section 726(b) of title 11, United States Code, is amended by
striking ''1009,''.

SEC. 25. GENERAL PROVISIONS.

Section 901(a) of title 11, United States Code, is amended by
inserting ''1123(d),'' after ''1123(b),''.

SEC. 26. APPOINTMENT OF ELECTED TRUSTEE.

Section 1104(b) of title 11, United States Code, is amended--
(1) by inserting ''(1)'' after ''(b)'', and
(2) by adding at the end the following new paragraph:
''(2)(A) If an eligible, disinterested trustee is elected at a
meeting of creditors under paragraph (1), the United States trustee
shall file a report certifying that election. Upon the filing of a
report under the preceding sentence--
''(i) the trustee elected under paragraph (1) shall be
considered to have been selected and appointed for purposes of
this section, and
''(ii) the service of any trustee appointed under
subsection (d) shall terminate.
''(B) In the case of any dispute arising out of an election under
subparagraph (A), the court shall resolve the dispute.''.

SEC. 27. ABANDONMENT OF RAILROAD LINE.

Section 1170(e)(1) of title 11, United States Code, is amended by
striking ''section 11347'' and inserting ''section 11326(a)''.

SEC. 28. CONTENTS OF PLAN.

Section 1172(c)(1) of title 11, United States Code, is amended by
striking ''section 11347'' and inserting ''section 11326(a)''.

SEC. 29. DISCHARGE.

Subsections (a) and (c) of section 1228 of title 11, United States
Code, are amended by striking ''1222(b)(10)'' each place it appears and
inserting ''1222(b)(9)''.

SEC. 30. CONTENTS OF PLAN.

Section 1322 of title 11, United States Code, is amended--
(1) in subsection (b) by striking ''(c)'' and inserting
''(d)'', and
(2) in subsection (e) by striking ''default, shall'' and
inserting ''default shall''.

SEC. 31. DISCHARGE.

Paragraphs (1), (2), and (3) of section 1328(a) of title 11, United
States Code, are amended to read as follows:
''(1) provided for under section 1322(b)(5) of this title;
''(2) of the kind specified in paragraph (5), (8), or (9)
of section 523(a) of this title; or
''(3) for restitution, or a criminal fine, included in a
sentence on the debtor's conviction of a crime.''.

SEC. 32. BANKRUPTCY CASES AND PROCEEDINGS.

Section 1334(d) of title 28, United States Code, is amended--
(1) by striking ''made under this subsection'' and
inserting ''made under subsection (c)'', and
(2) by striking ''This subsection'' and inserting
''Subsection (c) and this subsection''.

SEC. 33. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE.

Section 156(a) of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ''(1) the term'' before
'''bankruptcy'', and
(B) by striking the period at the end and inserting
''; and'', and
(2) in the second undesignated paragraph--
(A) by inserting ''(2) the term'' before ''
'document'', and
(B) by striking ''this title'' and inserting
''title 11''.

SEC. 34. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11 of the
United States Code on or after the date of the enactment of this Act.

Passed the House of Representatives November 12, 1997.

Attest:

ROBIN H. CARLE,

Clerk.
Output: Bankruptcy Amendments of 1997 - Makes technical corrections to Federal bankruptcy, criminal, and judiciary law. Redefines single asset real estate to exclude family farms, and to increase from $4 million to $15 million the ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property.
(Sec. 3) Requires triennial adjustment of the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting it from creditors' liens).
(Sec. 6) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted.
(Sec. 7) Allows a bankruptcy court to award reasonable compensation out of the debtor's estate to the debtor's attorney in chapter 7 (Liquidation) cases.
(Sec. 10) Precludes an automatic stay of any transfer that is not avoidable in: (1) cases where the trustee serves as lien creditor and successor to certain creditors and purchasers; and (2) postpetition transactions.
(Sec. 11) Modifies guidelines governing assumption by the bankruptcy trustee of certain executory contracts and unexpired leases with specified defaults. Permits a trustee to assume an unexpired lease of real property without first curing a default arising from any failure to perform nonmonetary obligations under the lease if it is impossible to cure the default by performing nonmonetary acts at and after the time of assumption. Permits a trustee to assume an executory contract without first curing a default arising from such a failure: (1) if it is impossible to cure the default by performing nonmonetary acts at and after the time of assumption; and (2) if the court determines, based on the equities of the case, that the default should not be cured at and after such time.
Repeals: (1) the prohibition against trustee assumption or assignment of unexpired leases of aircraft facilities unless all such leases are assumed or assigned; and (2) the deemed rejection of such a lease if the trustee does not assume or reject it.
Revises guidelines governing impairment of claims and interests in a Chapter 11 (Reorganization) case to: (1) reflect the modifications made to executory contracts that are not required to be cured by the bankruptcy trustee; and (2) state that a claim or interest arising from any failure to perform a nonmonetary obligation is not impaired under a Reorganization plan if the plan compensates the claim or interest holder for actual pecuniary loss resulting from such failure.
(Sec. 13) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee.
(Sec. 15) Revises the prohibition against debtor avoidance of certain judicial liens in connection with a liability designated as, and actually in the nature of, alimony, maintenance, or support.
(Sec. 16) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner.
(Sec. 21) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor.
(Sec. 23) Revises setoff recovery rules to exclude from recovery by a trustee setoffs by swap participants.
(Sec. 26) Requires the U.S. trustee in a chapter 11 (Reorganization) case to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees shall terminate.