S.Amdt. 4929Senate114th Congress (2015-2017)2nd degree
S.Amdt. 4929
Sponsored by
Sen. Elizabeth Warren (D-MA)
Submitted June 29, 2016
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Senate amendment submitted
June 29, 2016
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Senate amendment submitted
June 29, 2016
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Senate amendment submitted
June 29, 2016
Text
Submitted
SA 4929. Ms. WARREN submitted an amendment intended to be proposed to amendment SA 4881 submitted by Ms. Warren and intended to be proposed to the bill S. 2328, to reauthorize and amend the National Sea Grant College Program Act, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: (d) Technical Corrections.--Notwithstanding any other provision of this Act-- (1) section 301 of this Act is amended-- (A) in subsection (a), by striking ``however,'' and inserting ``however the reference to section 943(b) of title 11, United States Code, in section 930(a)(5) of title 11, United States Code, shall mean section 314 of this title, and''; (B) in subsection (c)-- (i) in paragraph (3)(B), by inserting ``such'' after ``vote''; and (ii) in paragraph (4), by striking ``and/or'' and inserting ``or''; (C) in subsection (e), by striking ``1122'' and inserting ``314(c)(1)''; and (D) in section 302, by inserting ``only'' after ``title''; (2) section 303 of this Act is amended-- (A) in paragraph (2), by inserting ``or moratorium'' after ``composition''; and (B) in paragraph (3), by striking ``unlawful''; (3) section 304 of this Act is amended-- (A) in subsection (a), by striking ``voluntary''; (B) in subsection (f), by striking ``the cases of''; (C) in subsection (g), by striking ``, on behalf of a debtor and one or more affiliates, has filed separate cases and the Oversight Board, on behalf of the debtor or one of the affiliates,'' and inserting ``has filed separates cases on behalf of debtors that are affiliates and the Oversight Board on behalf of one or more of the debtors''; [[Page S4732]] (D) in subsection (h), by inserting ``, only to the extent that such obligations are being enforced or will be enforced by governmental units'' after ``provisions''; and (E) in subsection (i), by striking ``including sections of title 11, United States Code, incorporated by reference, nothing in this section'' and insert ``nothing in this title''; (4) section 306 of this Act is amended-- (A) in subsection (c), by inserting ``, to the extent permitted by the Constitution of the United States'' after ``entity''; (B) in subsection (d)(2), by inserting ``or subsection (e) of this section,'' before ``or by''; (C) in subsection (e)-- (i) in paragraph (2), by striking ``in which a case under this title has venue pursuant to section 307 of this title'' and inserting ``embracing the district in which the case is''; and (ii) in paragraph (3)(B), by striking ``direct''; and (D) in subsection (f), by inserting ``or appropriate'' after ``necessary''; (5) section 307 of this Act is amended by striking subsection (b); (6) section 308(b) of this Act is amended by inserting ``of that circuit'' before ``to conduct the case.''; (7) section 309 of this Act is amended-- (A) by inserting ``(a) In General.--'' before ``Nothing in this title''; and (B) by adding at the end the following: ``(b) Review.--Any decision to abstain or not to abstain is not reviewable by appeal or otherwise by the court of appeals under section 1291 or 1292 of title 28, United States Code, or section 306(e) of this title, or by the Supreme Court of the United States under section 1254 of title 28, United States Code. This subsection shall not be construed to limit the applicability of the stay provided for by section 362 of title 11, United States Code, (as made applicable to cases under this title under section 301(a)) as such section applies to an action affecting the property of the estate in bankruptcy.''; (8) section 310 of this Act is amended by inserting ``, as if it were a case under chapter 9 of title 11, United States Code, or a civil proceeding arising under such chapter or arising in or related to a case under such chapter'' before the period at the end; (9) section 312(b) of this Act is amended by inserting ``or before'' after ``plan of adjustment at''; (10) section 314 of this Act is amended-- (A) in subsection (b)(6)-- (i) by striking ``the non-bankruptcy laws and'' and inserting ``otherwise applicable laws and the''; and (ii) by inserting ``the recovery that'' after ``greater recovery for the creditors than''; and (B) in subsection (c)(1), by striking ``with respect to'' and inserting ``in''; (11) section 316(c)(3) of this Act is amended by striking ``this chapter'' and inserting ``this title''; (12) section 405 of this Act is amended-- (A) in subsection (a)(1), in the matter preceding subparagraph (A), by striking ``any other source of law'' and inserting ``any other source''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``that arose before the enactment of this Act''; (ii) by striking paragraph (5); (iii) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; and (iv) in paragraph (5), as so redesignated, by striking ``that arose before the enactment of this Act''; (C) in subsection (j)(3)-- (i) by striking subparagraph (A) and inserting the following: ``(A) the financial condition of, or the commencement of a restructuring, insolvency, bankruptcy, or other proceeding (or a similar or analogous process) by, the Government of Puerto Rico, including a default or an event of default thereunder;''; and (ii) in subparagraph (C), by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)''; and (D) in subsection (l), by striking ``when such payments become due during the length of the stay'' and inserting ``as and when such payments become due during the duration of the stay''; and (13) section 601 of this Act is amended-- (A) in subsection (a)(11)(B), by striking ``current accreted value'' and all that follows and inserting ``accreted value of such Capital Appreciation Bond or a Convertible Capital Appreciation Bond, as of the date of the determination and as applicable.''; (B) in subsection (c), by striking ``above''; (C) in subsection (d)(3)(B), by inserting ``applicable to such Bonds'' before the period at the end; (D) in subsection (e), by striking ``the procedures under''; (E) in subsection (f)-- (i) in paragraph (1), by inserting ``and'' after ``Issuer's existing debts,''; and (ii) in paragraph (3), by inserting ``by the Oversight Board'' after ``has been certified''; (F) in subsection (i), by inserting ``with respect to not less than 1 of'' before ``the Issuer's Outstanding Bonds.''; (G) in subsection (j), by inserting ``such'' before ``Insured Bonds for purposes of directing remedies''; (H) in subsection (l)-- (i) by striking ``consent of holder'' and inserting ``consent of holders''; and (ii) by striking ``a written action'' and inserting ``an action''; (I) in subsection (m)-- (i) in paragraph (1)-- (I) in subparagraph (B), by striking clause (iii) and inserting the following: ``(iii) any conditions on the effectiveness of the Qualifying Modification have been satisfied or, except for such conditions that have been identified in the Qualifying Modification as being non-waivable, in the Administrative Supervisor's sole discretion, satisfaction of such conditions has been waived;''; and (II) in subparagraph (C)(ii), by striking ``the lesser of'' and all that follows and inserting ``the lesser of the Outstanding Principal amount of the Bond Claim on the effective date of the Qualifying Modification or of the value of the collateral securing such Bond Claim; and''; and (ii) in paragraph (2), by striking ``should not be subject'' and inserting ``may not be subject''; and (J) in subsection (n)(1), by inserting ``or related to'' before ``this section.''. ______