[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3808 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3808

To amend title 11 of the United States Code to provide priority for the 
  payment of employee claims arising under the Worker Adjustment and 
                      Retraining Notification Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2004

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

_______________________________________________________________________

                                 A BILL


 
To amend title 11 of the United States Code to provide priority for the 
  payment of employee claims arising under the Worker Adjustment and 
                      Retraining Notification Act.

    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 Assets For Employees in 
Bankruptcy Act of 2004''.

SEC. 2. PRIORITIES.

    (a) Priorities.--Section 507 (a) of title 11 , United States Code, 
is amended--
            (1) in paragraph (3) by striking ``earned within 90 days 
        before the date of the filing of the petition or the date of 
        the cessation of the debtor's business, whichever occurs 
        first,'',
            (2) in paragraphs (3) and (4), by striking ``$4,000'' and 
        inserting ``$20,000'',
            (3) by redesignating paragraphs (5) through (9) as 
        paragraphs (6) through (10), respectively,
            (4) in paragraph (6), as so redesignated, by striking 
        ``Fifth'' and inserting ``Sixth'',
            (5) in paragraph (7), as so redesignated, by striking 
        ``Sixth'' and inserting ``Seventh'',
            (6) in paragraph (8), as so redesignated, by striking 
        ``Seventh'' and inserting ``Eighth'',
            (7) in paragraph (9), as so redesignated, by striking 
        ``Eighth'' and inserting ``Ninth'',
            (8) in paragraph (10), as so redesignated, by striking 
        ``Ninth'' and inserting ``Tenth'',
            (9) in paragraph (11), as so redesignated, by striking 
        ``Tenth'' and inserting ``Eleventh'',
            (10) in paragraph (10), as so redesignated, by striking 
        ``Tenth'' and inserting ``Eleventh'', and
            (11) by inserting after paragraph (4) the following:
            ``(5) Fifth, allowed unsecured claims of employees arising 
        under section 5 of the Worker Adjustment and Retraining 
        Notification Act.''.
    (b) Conforming Amendments.--Title 11 of the United States Code is 
amended--
            (1) in section 502(i) by striking ``507(a)(8)'' and 
        inserting ``507(a)(9)'',
            (2) in section 503(b)(1)(B)(ii) by striking ``507(a)(8)'' 
        and inserting ``507(a)(9)'',
            (3) in section 523(a)(1)(A) by striking ``507(a)(8)'' and 
        inserting ``507(a)(9)'',
            (4) in section 724 by striking ``507(a)(5), 507(a)(6), or 
        507(a)(7)'' and inserting ``507(a)(6), 507(a)(7), or 
        507(a)(8)'',
             (5) in section 726(b) by striking ``or (8)'' and inserting 
        ``or (9)'',
            (6) in section 1123(a)(1) by striking ``507(a)(8)'' and 
        inserting ``507(a)(9)'', and
            (7) in section 1129(a)(9)--
                    (A) in subparagraph (B) by striking ``or 
                507(a)(7)'' and inserting ``507(a)(7), or 507(a)(8)'', 
                and
                    (B) subparagraph (C) by striking ``507(a)(8)'' and 
                inserting ``507(a)(9)''.

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    This Act and the amendments made by this Act take effect on the 
date of the enactment of this Act and shall apply only with respect to 
cases commenced after January 1, 2004, under title 11 of the United 
States Code.
                                 <all>