Page:United States Statutes at Large Volume 119.djvu/53

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 35

‘‘(C) the amount is not otherwise allowed for purposes of determining disposable income under section 1325(b) of this title; and upon request of any party in interest, files proof that a health insurance policy was purchased.’’. (j) ADJUSTMENT OF DOLLAR AMOUNTS.—Section 104(b) of title 11, United States Code, is amended by striking ‘‘and 523(a)(2)(C)’’ each place it appears and inserting ‘‘523(a)(2)(C), 707(b), and 1325(b)(3)’’. (k) DEFINITION OF ‘MEDIAN FAMILY INCOME’.—Section 101 of title 11, United States Code, is amended by inserting after paragraph (39) the following: ‘‘(39A) ‘median family income’ means for any year— ‘‘(A) the median family income both calculated and reported by the Bureau of the Census in the then most recent year; and ‘‘(B) if not so calculated and reported in the then current year, adjusted annually after such most recent year until the next year in which median family income is both calculated and reported by the Bureau of the Census, to reflect the percentage change in the Consumer Price Index for All Urban Consumers during the period of years occurring after such most recent year and before such current year;’’. (k) CLERICAL AMENDMENT.—The table of sections for chapter 7 of title 11, United States Code, is amended by striking the item relating to section 707 and inserting the following: ‘‘707. Dismissal of a case or conversion to a case under chapter 11 or 13.’’. SEC. 103. SENSE OF CONGRESS AND STUDY.

(a) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of the Treasury has the authority to alter the Internal Revenue Service standards established to set guidelines for repayment plans as needed to accommodate their use under section 707(b) of title 11, United States Code. (b) STUDY.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Director of the Executive Office for United States Trustees shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives containing the findings of the Director regarding the utilization of Internal Revenue Service standards for determining— (A) the current monthly expenses of a debtor under section 707(b) of title 11, United States Code; and (B) the impact that the application of such standards has had on debtors and on the bankruptcy courts. (2) RECOMMENDATION.—The report under paragraph (1) may include recommendations for amendments to title 11, United States Code, that are consistent with the findings of the Director under paragraph (1).

Deadline. Reports.

SEC. 104. NOTICE OF ALTERNATIVES.

Section 342(b) of title 11, United States Code, is amended to read as follows:

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