[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. <all>