[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 260 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 260

To make chapter 12 of title 11, United States Code, permanent, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 20, 1999

 Mr. Grassley (for himself, Mr. Daschle, Mr. Craig, Mr. Brownback, Mr. 
    Sessions, Mr. Ashcroft, Mr. Kohl, and Mr. Burns) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make chapter 12 of title 11, United States Code, permanent, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguarding America's Farms 
Entering the Year 2000 Act''.

SEC. 2. AMENDMENT TO MAKE CHAPTER 12 OF TITLE 11, UNITED STATES CODE, 
              PERMANENT.

    (a) Reenactment.--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), 
and amended by this Act, is reenacted.
    (b) Effective Date.--Subsection (a) shall take effect on April 1, 
1999.
    (c) 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).

SEC. 3. AMENDMENTS TO CHAPTER 12 OF TITLE 11, UNITED STATES CODE.

    (a) 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; and''.
    (b) Special Notice Provisions.--Section 1231(d) of title 11, United 
States Code, is amended by striking ``a State or local governmental 
unit'' and inserting ``any governmental unit''.

SEC. 4. EXPANDED 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 
                ``$3,000,000'';
                    (B) by striking ``80'' and inserting ``50''; and
                    (C) by striking ``the taxable year preceding the 
                taxable year'' and inserting ``at least 1 of the 3 
                taxable years preceding the taxable year''; and
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``80'' and inserting 
                ``50''; and
                    (B) in clause (ii), by striking ``$1,500,000'' and 
                inserting ``$3,000,000''.
                                 <all>