I 108th CONGRESS 2d Session H. R. 3808 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.

1.

Short title

This Act may be cited as the &short-title1;.

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).

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.