[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2057 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2057

To amend title 11 of the United States Code with respect to the waiver 
              of sovereign immunity by governmental units.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 1993

  Mr. Berman introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 11 of the United States Code with respect to the waiver 
              of sovereign immunity by governmental units.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT.

    Section 106 of title 11, United States Code, is amended to read as 
follows:
``Sec. 106. Waiver of sovereign immunity
    ``(a) Notwithstanding an assertion of sovereign immunity, except as 
provided in subsection (d)--
            ``(1) all provisions of this title shall apply to 
        governmental units;
            ``(2) the court may hear and determine any issue arising 
        with respect to the application of such provisions to 
        governmental units; and
            ``(3) the court may issue and enforce any order, process, 
        or judgment against a governmental unit, including an order or 
        judgment awarding a money recovery, to the same extent as 
        against any other entity.
    ``(b) A governmental unit is deemed to have waived sovereign 
immunity with respect to a claim against such governmental unit that is 
property of the estate and that arose out of the same transaction or 
occurrence out of which the claim of such governmental unit arose.
    ``(c) Notwithstanding any assertion of sovereign immunity by a 
governmental unit, there shall be offset against a claim or interest of 
a governmental unit any claim against such governmental unit that is 
property of the estate.
    ``(d) Except as provided in subsections (b) and (c), a governmental 
unit may assert sovereign immunity with respect to a claim of the 
estate against such governmental unit only if such claim--
            ``(1) is not a tax claim or related to a tax claim subject 
        to determination under section 505; and
            ``(2)(A) is a claim of the debtor against such governmental 
        unit that arose before the commencement of the case and became 
        property of the estate only under paragraph (1) or (2) of 
        section 541(a); or
            ``(B) arises under nonbankruptcy law after the commencement 
        of the case from the operation of the business of the 
        debtor.''.

SEC. 2. APPLICATION OF AMENDMENT.

    The amendment made by section 1 shall apply with respect to cases 
commenced under title 11 of the United States Code before, on, and 
after the date of the enactment of this Act.

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