H.R. 2465House108th Congress (2003-2005)Enacted

Family Farmer Bankruptcy Relief Act of 2003

Legislative Activity

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16 earlier actions

Became Law Latest Action

Became Public Law No: 108-73.

August 15, 2003

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HouseIntro Referral

Introduced in House

June 12, 2003

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

June 12, 2003

HouseCommittee

Referred to the Subcommittee on Commercial and Administrative Law.

June 16, 2003

HouseFloor

Mr. Sensenbrenner moved to suspend the rules and pass the bill.

June 23, 2003 • 2:30 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5673-5675)

June 23, 2003 • 2:31 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 2465.

June 23, 2003 • 2:31 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

June 23, 2003 • 2:43 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5681-5682)

June 23, 2003 • 7:07 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 379 - 3 (Roll no. 300).(text: CR H5673)

View vote Passed

June 23, 2003 • 7:13 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 379 - 3 (Roll no. 300). (text: CR H5673)

View vote Passed

June 23, 2003 • 7:13 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 23, 2003 • 7:13 PM

SenateIntro Referral

Received in the Senate, read twice.

June 24, 2003

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR 8/1/2003 S10847)

July 31, 2003

SenateFloor

Message on Senate action sent to the House.

August 1, 2003

President

Presented to President.

August 7, 2003

Became Law

Signed by President.

August 15, 2003

Became Law

Became Public Law No: 108-73.

August 15, 2003

Voting History

1 vote recorded • Roll call available

HOUSE

Roll Call Available

June 23, 2003 at 7:14 PM

On Motion to Suspend the Rules and Pass

Majority required: 2/3 (66.7%)

Passed

379 - 3

Floor Debate

13 members

What members said about H.R. 2465 on the floor

7 Republicans6 Democrats

Rep. Adam SmithD-WA-9 · Jul 25, 2003

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 227: H. Res. 159. Had I been present, I would have voted ``yes.'' Mr. Speaker, due to family reasons, I was unable vote on…

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 227: H. Res. 159. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable vote on rollcall No. 228: H. Res. 195. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 229: H.R. 1465. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 230: S. 222. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 231: S. 273. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 232: S. 763. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 233: H. Amdt. to H. J. Res. 4. Had I been present, I would have voted ``no.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 234: Final passage of H. J. Res. 4. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 235: Motion to suspend the rules and pass H. Res. 231. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 236: on agreeing to H. Res. 257. Had I been present, I would have voted ``no.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 237: Motion to suspend the rules and pass H. Res. 177. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 238: Motion to suspend the rules and pass H. Res. 201. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 239: H.R. 1954. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 240: H. Amdt. 154 to H.R. 760. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 241: Motion to Recommit to H.R. 760. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 242: final passage of H.R. 760. Had I been present, I would have voted ``no.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 243: On Ordering the Previous Question for H. Res. 256. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 244: H. Res. 258. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 245: H. Res. 258. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 246: on passage of H.R. 1474. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 247: S. 222. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 248: S. 273. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 249: H.R. 1610. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 250: H. Con Res. 162. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 251: S. 763. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 252: H. Res. 263 to H.R. 2143. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 253: H. Res. 263 to H.R. 2143. Had I been present, I would have voted ``No.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 254: H. Amdt. 159 to H.R. 2143. Had I been present, I would have voted ``No.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 255: Passage of H.R 2143. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 256: H. Res. 252: Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 257: On ordering the previous question for H.R. 2115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 258: On agreeing to the rule for H.R. 2115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 259: On passage of H. Con. Res. 110. Had I been present I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 260: On passage of H.R. 1320. Had I been present I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 261: H.R. 2350. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 262: H. Amdt. 5 to H.R. 2115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 263: H. Amdt. 4 to H.R. 2115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 264: On passage of H.R. 2115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 265: H. Res. 269 to H.R. 1115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 266: H. Res. 269 to H.R. 1115. Had I been present, I would have voted ``no.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 268: H. Amdt.

168 to H.R. 1115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 269: H. Amdt. 169 to H.R. 1115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 270: H. Amdt. 170 to H.R. 1115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 271: Motion to Recommit to H.R. 1115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 272: Passage of H.R. 1115. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 273: H. Res. 270 to H.R 1308. Had I been present, I would have voted ``no.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 274: Rule for H.R. 1308. Had I been present, I would have voted ``no.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 275: Motion to Instruct Conferees H.R. 1308. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 276: H.R. 2254. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 277: H. Con. Res. 220. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 278: S. 703. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 279: H. Res. 276. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 280: H. Res. 171. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 281: Passage of H.R. 658. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 282: S. 342. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 283: Passage of S. Con. Res. 43. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 284: Previous Question to H. Res. 281. Had I been present, I would have voted ``no.''

Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 285: H. Res. 281 to H.R 8. Had I been present, I would have voted ``no.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 286: Approving the Journal. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 287: H. Amdt. 171 to H.R. 8. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 288: Passage of H.R. 8. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 289: H. Res. 283 to H.R. 660. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 290: H. Res. 283 to H.R. 660. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 291: H. Amdt. 172 to H.R. 1528. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 292: Motion to Recommit H.R. 1528. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 293: Passage of H.R. 1528. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 294: Kind amendment to H.R. 660. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 295: On motion to recommit with instructions to H.R. 660. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 296: On final passage to H.R. 660. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 297: H. Res. 264. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 298: H. Res. 177. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 299: H. Con. Res. 209. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 300: Passage of H.R. 2465. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 301: Previous Question to H. Res. 293. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 302: Agreeing to H. Res. 293. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 303: Passage of H.R. 923. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 304: H.R. 1460. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 305: On sustaining the ruling of the chair on H.R. 2555. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 306: Sustain ruling of the chair on H.R. 2555. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 307: H. Amdt. 176 to H.R. 2555. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 308: H. Amdt. 183 to H.R. 2555. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 309: H. Amdt. 188 to H.R. 2555. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 310: Passage of H.R. 2555. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 311: Passage to H.R. 1416. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 312: S. 858. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 313: H.R. 2474. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 314: H. J. Res. 49. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 315: H. Con. Res. 49. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 316: H. Res. 199. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 317: H. Res. 294. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 318: On the Hastings amendment to H.R. 2417. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 319: On the Kucinich amendment to H.R. 2417. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 320: On the Lee amendment to H.R. 2417. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 321: H. Res. 299 to H.R. 1 and H.R. 2596. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 322: H. Res. 299 to H.R. 1 and H.R. 2596. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 323: H. Res. 297 to H.R. 1 and H.R. 2596. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 324: Ordering the previous question on H. Res. 298. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 325: Passage of H.R. 2559. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 326: Passage of H. Res. 277. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 327: On approval of the Journal. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 328: H.R. 2596. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 330: H. Amdt.

197 to H.R. 1. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 331: Motion to recommit with instructions to H.R. 1. Had I been present, I would have voted ``yes.''

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 332: Final passage of H.R. 1. Had I been present, I would have voted ``no''.

Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 333: On passage of H.R. 2417. Had I been present, I would have voted ``yes.''

Rep. F. James Sensenbrenner, Jr.R-WI-5 · Jun 23, 2003

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2465) to extend for six months the period for which chapter 12 of title 11 of the United States Code is reenacted. Mr. Speaker, I ask…

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2465) to extend for six months the period for which chapter 12 of title 11 of the United States Code is reenacted.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 2465.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 2465, the Family Farmers Bankruptcy Relief Act of 2003.

Earlier this year, the National Oceanic and Atmospheric Administration reported that certain parts of our Nation, particularly the western and Great Plains States, were experiencing ``one of the worst droughts in 108 years.'' Other parts of the country, like the Northeast, are currently enduring seemingly unending days of rainy weather.

While bad weather may be merely an inconvenience for some of us, uncontrollable weather conditions represent just one of the many difficult challenges that confront family farmers. Like many small businesses, family farmers must also endure and react to rising energy costs, volatile marketplace conditions, and increasing competition from larger businesses. Unfortunately, these economic forces can negatively affect the financial stability of the family farmer.

In response to the particularized needs of family farmers in financial distress, chapter 12 of the Bankruptcy Code was enacted in 1986 as a part of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act. Although originally enacted on a temporary basis to address the farming crisis of the 1980s, chapter 12 has been extended on nine occasions in recognition of the vital relief it offers to family farmers in financial distress. Unless further extended, chapter 12 will sunset at the end of this month.

It is crucial that this specialized form of bankruptcy relief for family farmers not be allowed to sunset for two fundamental reasons. First, family farmers, absent chapter 12, would be forced to file for bankruptcy relief under the Bankruptcy Code's other alternatives, none of which work as well for them as does chapter 12.

Chapter VII of the Bankruptcy Code, for instance, would require a farmer to liquidate; that is, sell the family farm to pay the claims of the farmer's creditors. Many farmers would be precluded from choosing bankruptcy relief under chapter 13 of the Bankruptcy Code because of its restrictive eligibility standards. Furthermore, Chapter XI, the Bankruptcy Code's business reorganization alternative, is not farmer- friendly in various respects, as it often entails an expensive and time-consuming process that does not readily accommodate the special needs of farmers.

Second, recent statistics demonstrate that there is not only a continuing need for chapter 12, but that this need is apparently increasing. According to the Administrative Office of the United States Courts, chapter 12 bankruptcy filings jumped by more than 62 percent over the past year. I introduced H.R. 2465 to extend chapter 12 for an additional 6 months through December 31, 2003, and thereby maintain the status quo while the Congress completes its consideration of comprehensive bankruptcy reform.

As my colleagues may recall, last March the House overwhelmingly

passed H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003, which is now awaiting consideration in the other body. H.R. 965 contains many farmer-friendly provisions that would make chapter 12 a permanent fixture of the Bankruptcy Code for family farmers and generally make it easier for farmers in financial distress to be eligible for this form of bankruptcy relief. In addition, H.R. 975 would raise the debt limit and lower the income threshold so that many more family farmers could avail themselves of chapter 12. Also, this bill, for the first time, would extend the benefits of this specialized form of bankruptcy relief to family fishermen.

It is my sincere hope that in the very near future, we will see comprehensive bankruptcy reform legislation finally enacted, together with the permanent extension of chapter 12. Thus, I urge my colleagues to vote for H.R. 2465.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to the gentleman from Nebraska (Mr. Bereuter).

(Mr. BEREUTER asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I yield myself the balance of the time.

Mr. Speaker, no one is as frustrated as I am at the lack of progress on the overall bankruptcy reform bill, which is comprehensive and which will make this economy work better and more efficiently, particularly for those people who pay their bills and obligations on time. Without the overall bankruptcy reform bill being enacted into law, there will be those that use bankruptcy reform as a financial planning tool. That is absolutely wrong. Bankruptcy should exist for people and organizations that are genuinely down and out and who need to go through bankruptcy in order to get a fresh start, and the bill that is in the other body which this House passed by an overwhelming margin does just that.

I can understand the desire of people who are opposed to an overall bankruptcy reform bill to try to cherry-pick the popular items out of it and pass them piecemeal so that their opposition will end up sinking the overall bankruptcy reform bill once and for all. I do not go along with that, and I do not think the majority of this House will either.

The reason we have a temporary extension of chapter 12 here is to make sure that these protections for family farmers are maintained. But if chapter 12 and other issues are cherry-picked out, then the $44 billion a year of debt that is written off in bankruptcy will be passed on to those who pay their bills, including farmers who pay their bills in the form of higher goods and services.

That is why the overall bankruptcy reform bill ought to be enacted into law. And while the gentlewoman from Wisconsin might be prepared to give up on that issue, I am not, and that is why this bill is a temporary extension. We are going to do the job that needs to be done for the farmers today, and then, hopefully, later on this year, when the other body passes the overall bankruptcy reform bill, we will be able to do the job that needs to be done for people who pay their bills on time and, as agreed, to prevent this huge shift of costs from those who do not pay their bills to those who do.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Sen. Patrick J. LeahyD-VT · Jul 31, 2003

Mr. President, I am pleased that the Senate is finally considering legislation to renew family farmer bankruptcy protection, which expired on July 1. More than a month ago, on June 23, the House of…

Mr. President, I am pleased that the Senate is finally considering legislation to renew family farmer bankruptcy protection, which expired on July 1.

More than a month ago, on June 23, the House of Representatives passed H.R. 2465 by an overwhelming vote of 379-3. This legislation will retroactively renew and extend family farmer bankruptcy protection until January 1, 2004. Senator Feingold, Senator Grassley and I have been urging for weeks that the Senate majority leadership bring up this House-passed bill to retroactively renew Chapter 12 of the Bankruptcy Code.

Senator Grassley and I introduced S. 1323, the companion bill to this legislation to temporarily extend these protections that our farmers have come to rely upon. But this is just a short term fix. We need to stop playing politics and permanently reauthorize the Chapter 12 family farmer protections.

Too many family farmers have been left in legal limbo in bankruptcy courts across the country because Chapter 12 of the Bankruptcy Code is still a temporary measure. This is the sixth time that Congress must act to restore or extend basic bankruptcy safeguards for family farmers because Chapter 12 is still a temporary provision despite its first passage into law in 1986. Our family farmers do not deserve these lapses in bankruptcy law that could mean the difference between foreclosure and farming.

In 2000 and 2001, for example, the Senate--then as now controlled by the other party--failed to take up a House-passed bill to retroactively renew Chapter 12. As a result, family farmers lost Chapter 12 bankruptcy protection for 8 months. Another lapse of Chapter 12 lasted more than 6 months in the previous Congress. At the end of June, Chapter 12 lapsed once again. Enough is enough. It is time for Congress to make Chapter 12 a permanent part of the Bankruptcy Code to provide a stable safety net for our nation's family farmers.

Last year, I strongly supported former Senator Carnahan's bipartisan amendment to make Chapter 12 permanent as part of the Senate-passed farm bill. The Senate unanimously approved the Carnahan amendment by a 93-0 vote. Unfortunately, the House majority objected to including the Carnahan amendment in the farm bill conference report and agreed to an extension of Chapter 12 only through the end of 2002. Thus, at the tail end of the last Congress, we had to pass yet another six-month extension of basic bankruptcy protection for family farmers.

In the bipartisan bankruptcy reform conference, we again tried to make Chapter 12 permanent and update and expand its coverage. During our conference negotiations, we adopted most of the Senate-passed provisions, including those authored by Senator Grassley to make Chapter 12 permanent and those authored by Senator Feingold to strengthen Chapter 12 to help our family farmers with the difficulties they face.

Unfortunately, the House majority again scuttled our bipartisan efforts by failing to pass the rule to consider the bipartisan conference report on the Bankruptcy Abuse Prevention and Consumer Protection Act.

It is time to end this absurdity and make these bankruptcy protections permanent. Everyone agrees that Chapter 12 has worked. When this bill passed in the House, Chairman Sensenbrenner praised Chapter 12, but then only proposed reauthorizing it for 12 months. He admitted that the only reason his bill, which we are finally passing today, did not permanently reauthorize Chapter 12 was because it is being used as leverage for the controversial larger bankruptcy reform bill. That is unfortunate.

I will continue to work hard with Senator Grassley, Senator Feingold and others on both sides of the aisle to pass legislation that once and for all

assures our farmers of permanent bankruptcy protection to keep their farms. In the meantime, we should quickly pass this legislation and end another lapse in this basic bankruptcy protection for our family farmers.

Rep. Tammy BaldwinD-WI-2 · Jun 23, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, chapter 12 bankruptcy protection expires in 7 days. Once again, we are forced to approve a temporary extension of this vital…

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, chapter 12 bankruptcy protection expires in 7 days. Once again, we are forced to approve a temporary extension of this vital protection.

Since I was first elected to Congress just 4\1/2\ years ago, we have passed seven temporary extensions of this bill. It is high time that we make this very noncontroversial program permanent. That is the bill we should be debating and passing today.

Mr. Speaker, chapter 12 provides an important backstop for our Nation's struggling family farmers by allowing them to reorganize their debts and keep their farms. What we do here in Washington directly affects the lives of real people facing real financial challenges.

I want to try to put a human face on this issue. In Wisconsin recently, a Columbus, Wisconsin farmer filed for chapter 12 bankruptcy. He works night and day to make his farm a success. Unfortunately, like many farmers, the weather and the market conspired to disrupt his cash flow. Filing chapter 12 gave his family time to negotiate with his creditors, while he switched from corn and soybean production to vegetable production, with local market sales. He sells his produce at farmers' markets in the Cities of Madison and Princeton. He is paying his debts. Under chapter 12, it was not only the Columbus farmer that benefited. His creditors got their money, and the people in my district can purchase his bounty.

Chapter 12 does not just provide a direct benefit to those using its protections. Many farmers who face possible bankruptcy never get to a court filing. The very existence of the option of filing for chapter 12 bankruptcy promotes negotiations between farmers and their creditors.

There is a great consensus that chapter 12 bankruptcy protections work well. It is for that reason that we have included a permanent authorization in the comprehensive bankruptcy reform bill for the past three sessions of Congress. In fact, it is considered so popular that it has been held hostage to the larger bill. Every time we come to the floor to extend chapter 12, we are told that permanent extension cannot be passed separately from the big bill because taking out a popular item might slow that bill's momentum. We were told we had to strip the permanent extension of chapter 12 from last year's farm bill because it would slow down the bankruptcy bill. Well, here we are again, passing yet another temporary extension, and still the permanent extension languishes with about as much momentum as the continental drift.

Mr. Speaker, the House should pass this bill today, and I urge my colleagues to do just that. But we should also be voting on making chapter 12 permanent. Let us end these uncertainties that the extension causes. Let us end this chapter 12 extension dance.

Since the current authorization will expire within a few days, farmers do need the immediate relief provided by this extension. With the current year's crops in the ground, farmers need to know that they can reorganize and keep their farming operations. This bill would provide the security that family farmers in financial crisis need to decide whether to stay in business for one more year.

I urge my colleagues to support this legislation.

Mr. Speaker, I yield back the balance of my time.

Rep. Doug BereuterR-NE-1 · Jun 23, 2003

Mr. Speaker, I rise in support of H.R. 2465. Mr. Speaker, this Member rises today to express his support for H.R. 2465, which extends Chapter 12 bankruptcy for family farms and ranches to January 1,…

Mr. Speaker, I rise in support of H.R. 2465.

Mr. Speaker, this Member rises today to express his support for H.R. 2465, which extends Chapter 12 bankruptcy for family farms and ranches to January 1, 2004. Chapter 12 bankruptcy once again is set to expire on July 1, 2003. This legislation is very important to the nation's agriculture sector.

This Member would express his appreciation to the distinguished gentleman from Wisconsin (Mr. Sensenbrenner), the Chairman of the House Judiciary Committee, for introducing H.R. 2465. In addition, this Member would like to express his appreciation to the distinguished gentleman from Michigan (Mr. Smith) for his efforts in getting this measure to the House Floor for consideration.

This extension of Chapter 12 bankruptcy is supported by this Member as it allows family farmers to reorganize their debts as compared to liquidating their assets. The use of the Chapter 12 bankruptcy provision has been an important and necessary option for family farmers throughout the nation. It has allowed family farmers to reorganize their assets in a manner which balances the interests of creditors and the future success of the involved farmer.

If Chapter 12 bankruptcy provisions are not extended for family farmers, it will be another very painful blow to an agricultural sector already reeling from low commodity prices. Not only will many family farmers have no viable option other than to end their operations, but it will also cause land values to likely plunge. Such a decrease in value of farmland will negatively affect the ability of family farmers to earn a living. In addition, the resulting decrease in farmland value will impact the manner in which banks conduct their agricultural lending activities. Furthermore, this Member has received many contacts from his constituents supporting the extension of Chapter 12 bankruptcy because of the situation now being faced by our nation's farm families--it is clear that the agricultural sector in hurting.

In closing, this Member urges his colleagues to support H.R. 2465.

Show 8 more

Sen. Russell D. FeingoldD-WI · Aug 1, 2003

Mr. President, I am pleased that the majority has finally cleared H.R. 2465, to extend Chapter 12 of the Bankruptcy Code for another six months. As a consponsor of companion legislation, S. 1323, I…

Rep. Jim KolbeR-AZ-8 · Jun 24, 2003

Mr. Speaker, yesterday, I was unavoidably detained and missed votes on the following measures: 1. H. Res. 264--Expressing sympathy for the victims of the devastating earthquake that struck Algeria on…

Rep. Todd TiahrtR-KS-4 · Jul 7, 2003

Mr. Speaker, on June 19, I was unavoidably detained and missed rollcall vote No. 296. Rollcall vote No. 296 was on passage of H.R. 660, the Small Business Health Fairness Act of 2003. Had I been…

Rep. John SullivanR-OK-1 · Jun 27, 2003

Mr. Speaker, due to events beyond my control I was unable to be present for the following rollcall votes. Had I been able to submit my votes, they would have been as follows: Rollcall vote No. 297 on…

Rep. James R. LangevinD-RI-2 · Jun 23, 2003

Mr. Speaker, this evening, I was unavoidably detained and unable to vote on the following measures: H. Res. 264 (rollcall vote 297); H. Res. 177 (rollcall vote 298); H. Con. Res. 209 (rollcall vote…

Rep. Ernie FletcherR-KY-6 · Jun 23, 2003

Mr. Speaker, on Monday, June 23, 2003, I was unavoidably detained due to commercial plane mechanical problems. Had I been present for rollcall vote Nos. 297, 298, 299, and 300 I would have voted the…

Sen. John E. SununuR-NH · Jul 31, 2003

Mr. President, I ask unanimous consent that the Senate immediately proceed to the consideration of H.R. 2465. Mr. President, I ask unanimous consent that the bill be read a third time and passed, the…

Rep. Carolyn C. KilpatrickD-MI-13 · Jun 23, 2003

Mr. Speaker, I was unavoidably detained today. Had I been present for legislative business, I would have voted ``yea'' on the following measures under consideration of suspension of the rules, H.…

Bill Text

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Enrolled BillPublication date not provided

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2465 Enrolled Bill (ENR)]

H.R.2465

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three

An Act

To extend for six months the period for which chapter 12 of title 11 of
the United States Code is reenacted.

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 ``Family Farmer Bankruptcy Relief Act
of 2003''.

SEC. 2. SIX-MONTH EXTENSION OF PERIOD FOR WHICH CHAPTER 12 OF TITLE 11,
UNITED STATES CODE, IS REENACTED.

(a) Amendments.--Section 149 of title I of division C of Public Law
105-277 (11 U.S.C. 1201 note) is amended--
(1) by striking ``July 1, 2003'' each place it appears and
inserting ``January 1, 2004''; and
(2) in subsection (a)--
(A) by striking ``December 31, 2002'' and inserting ``June
30, 2003''; and
(B) by striking ``January 1, 2003'' and inserting ``July 1,
2003''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on July 1, 2003.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.