Mr. Speaker, I thank the gentleman from Georgia (Mr. Gingrey) for yielding me the time. Before yielding myself such time as I may consume, I yield to the distinguished gentleman from California (Mr. Stark) for a unanimous consent request.…
Mr. Speaker, I thank the gentleman from Georgia (Mr. Gingrey) for yielding me the time.
Before yielding myself such time as I may consume, I yield to the distinguished gentleman from California (Mr. Stark) for a unanimous consent request.
(Mr. STARK asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to oppose this closed rule and S. 256. Once again, the majority has squelched debate on a controversial piece of legislation for no legitimate reason.
More than 35 Democratic amendments were offered in the Rules Committee yesterday. Yet none have been made in order. Why? There is no reason for limiting the debate in this manner.
The House came into session on Tuesday and Members will leave town later this afternoon after just 2 days of work. Even more, there was only one other bill of substance before the House this week. The time to debate this bill and its offered amendments is available. The willingness to conduct meaningful business, however, is the missing ingredient. A 1-hour debate on legislation containing such sweeping reforms is not the way to conduct the people's business.
The argument will be made that this has been 9 years in the making. But a lot of this measure has been overcome by time, and that will be discussed by others later.
I am particularly disappointed that an amendment I offered is not being allowed to come before this body for consideration. My amendment seeks to prevent the very bankruptcies that are
causing this Congress so much consternation and is germane to the discussion. It requires credit card companies to preserve a customer's interest rate prior to incurring medical expenses if the customer is unable to pay off the full medical expenses on time. It also prohibits hospitals from reporting delinquent patients for 5 years, provided that the patient is paying 20 percent of his or her monthly mandated medical expenses.
All the information we have available suggests that medical bills are the second leading cause of personal bankruptcy in the United States. It is, in my opinion, hypocritical to prevent debate on an amendment that could ameliorate some of the issues facing this bankruptcy reform legislation. Is not the whole point of this bill to make bankruptcy less frequent? If Members of Congress have ideas about how to accomplish that, should they not be heard?
Many other Members sought to introduce amendments, but have also been denied their opportunity to be heard. These amendments could have improved this legislation.
For example, the gentleman from Virginia (Mr. Scott) offered an amendment to exempt from the means test provision of debtors who have business losses incurred by a spouse who has died or deserted the debtor.
The gentleman from California (Mr. Filner) offered an amendment that would exempt victims of identity theft. And the ranking member of the Rules Committee, the gentlewoman from New York (Ms. Slaughter), offered an amendment that imposes restrictions on issuing credit cards to college students. But none of those amendments, or the 31 others, will be debated today because the rule on this bill is closed.
At this point, Mr. Speaker, I will insert a list of all 35 amendments which the Republican majority has blocked from being considered in the Congressional Record.
Amendments Submitted to the Rules Committee for S. 256 and Denied
Consideration by the Rule (H. Res. 211)
1) Emanuel/Delahunt/Dingell--prevents debtors from
shielding their funds from bankruptcy liquidation through so-
called ``asset protection trusts;''
2) Filner--exempts disabled veterans from the bill's means
test;
3) Filner--exempts from the bill's means test consumers who
are victimized by identity theft;
4) Inslee--exempts from the bill's means test consumers
whose debts are the result of serious medical problems;
5) Delahunt--requires debtor corporations to file for
bankruptcy where their principal place of business is
located;
6) Sanders--establishes a ``usury rate'' for credit card
companies, above which credit card companies cannot charge
consumers;
7) Sanders--caps fees credit card companies can impose on
consumers at $15;
8) Sanders--prohibits credit card companies from changing
interest rates based on changes in consumers' credit
information;
9) Sanders--prohibits credit card companies from raising
interest rates based on consumer credit reports;
10) Ruppersberger--requires credit card solicitations to be
accompanied by a brochure explaining the consequences of the
irresponsible use of credit;
11) Schiff--exempts from the bill's means test consumers
who are victimized by identity theft, if at least 51% of the
creditor claims against them are due to identity theft;
12) Lofgren--exempts from the bill's means test 1) families
facing bankruptcy due to a serious medical hardship that
drains at least 50% of their yearly income, and 2) families
who lose at least one month of needed pay or alimony due to
illness;
13) Lofgren--exempt from the bill's means test a single
parent who failed to receive child or spousal support
totaling more than 50% of her or his household income;
14) Scott (VA)--exempts from the bill's means test
provisions: 1) debtors who have business losses incurred by a
spouse who has died or deserted the debtor 2) debtors who
have had serious illness in their family and 3) debtors who
have been laid off;
15) Scott (VA)--exempts from the bill's means test
provisions debtors who have business losses incurred by a
spouse who has died or deserted the debtor;
16) Scott (VA)--exempts from the bill's means test
provisions debtors who have had serious illness in their
family;
17) Scott (VA)--exempts from the bill's means test
provisions debtors who have been laid off from their jobs
through no fault of their own;
18) Nadler--sunsets the bill after 2 years;
19) Watt--prohibits annual credit card rates higher than
75%;
20) Watt--includes the costs of college in the calculation
of debtor's monthly expense;
21) Ruppersberger--exempts from the bill's means test
debtors who have declared bankruptcy due to high medical
expenses;
22) Hastings (FL)--prevents credit card companies from
increasing rates on consumers who use their credit cards to
pay for extraordinary medical expenses; also prevents
hospitals from generating negative credit information on
consumers who are paying their bills in good faith;
23) Meehan--Exempts from the means test disabled veterans
whose indebtedness occurred primarily as a result of an
injury or disability resulting from active duty or homeland
defense activities; closes a loophole in S. 256, which
exempts only disabled veterans whose indebtedness occurs
primarily while on active duty while failing to exempt
disabled veterans whose indebtedness occurs after they have
left active duty;
24) Jackson Lee--makes debts arising out of state sex
offenses non-dischargeable in bankruptcy proceedings;
25) Jackson Lee--clarifies Congress' intent that nuclear
liabilities be covered by the Price-Anderson Act, and not by
bankruptcy laws;
26) Jackson Lee--makes debts arising out of penalties
imposed on businesses for false tobacco claims non-
dischargeable;
27) Jackson Lee--strikes the bill's means test provision;
28) Woolsey--requires credit counseling agencies to provide
free services to recent veterans of the military who served
in combat zones;
29) Slaughter--requires credit card companies to determine,
before they approve a credit card, whether a student
applicant has the financial means to pay off a credit card
balance; it restricts the credit limit to minimum balances if
the student has no independent income; and it requires
parental approval for credit limit increases in the event
that a parent cosigns the account;
30) Slaughter--applies the highest median income of any
county or Metropolitan Statistical Area in the state to all
residents of the state petitioning for bankruptcy protection;
31) Millender-McDonald--provides the bankruptcy courts a
higher percentage of the fees collected when a debtor files
for bankruptcy;
32) Maloney--ensures that debtors emerging from bankruptcy
make child credit payments first, before payments on credit
card debt. The current version of the bill does not ensure
that child support payments will have priority over the other
types of unsecured debts, such as credit card debt;
33) Meehan and Berman--provides a modest homestead
exemption for people who have suffered a major illness or
injury;
34) Jackson Lee--provides additional protections to debtors
who are the victims of identity theft;
35) Jackson Lee--increases the means test limit on
parochial school tuition expenses from $1,500 to $3,000, so
that families Chapter 13 bankruptcy can keep their children
in schools that conform to their deeply held religious
beliefs.
Mr. Speaker, the House has adopted a new modus operandi. We saw it earlier this year with the class action bill, and we are seeing it again today.
It seems that if the Republican leadership deems legislation important, and that is their prerogative, it is willing to push through the other body's version without the opportunity for debate here in the people's House on any amendments. This new method does a great disservice to the people of this Nation. Even more, it stops Members, Democrats and Republican, from serving as thoughtful, effective legislators.
The House of Representatives is the people's House. The Founding Fathers envisioned a forum for lively debate on the issues of the day, not the controlled steering of selected legislation with no opportunity for meaningful change.
What also concerns me is the unworkable means test contained in this legislation. I am greatly disturbed, as I know all the residents of south Florida will be, that this means test includes disaster assistance as a source of revenue.
People forced into dire financial circumstances through natural disasters should find bankruptcy a source of relief. Considering disaster assistance as a source of revenue adds insult to injury and contradicts the government's efforts to help people get back on their feet.
This legislation, masquerading as protection against bankruptcy abuse, is really a protection for credit card companies and their predatory lending practices. This legislation does not protect the American people. This legislation protects the credit industry at the expense of the American people.
Increasingly, credit card companies market their product to riskier consumers, and now they want the Congress to protect them from the losses that are the foreseeable result of this ill-sighted business strategy. Why are we not debating legislation that would address those practices, instead of eviscerating a crucial safety net that Americans rely on when all else fails?
Mr. Speaker, should it pass, this bill will severely curtail the ability of Americans to obtain relief from bankruptcy without solving any of its underlying causes. Medical bills, unemployment, and predatory lending practices are at the root of this problem. In the long run, the net effect of this legislation will drive more Americans deeper into financial crisis and weaken our social structure and the Nation's economy.
I will not, and cannot, support such an attack on American consumers. I urge my colleagues to vote ``no'' on this closed rule and ``no'' on
Mr. Speaker, I yield myself such time as I may consume.
My respect for the chairman of the Committee on the Judiciary is immense, and he has thrust all of these hearings and all that were in committee where 40 Members of the Committee on the Judiciary had an opportunity to participate.
What we are talking about is today, 35 Members of the House of Representatives, 35 amendments are not being permitted today. So I guess the 40-plus people are the ones who are representing the near 395, 40-plus none for the American people. That would be what I would put on the table from the minority side.
Mr. Speaker, I am delighted to yield 3 minutes to the gentlewoman from California (Ms. Matsui), our newcomer, who is making her first statement as a Committee on Rules member.
(Ms. MATSUI asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield myself such time as I may consume before yielding to the distinguished ranking member to respond to my colleague from Georgia by indicating, the last time I looked at the rules, it allowed that individual Members have a right to make amendments, and we are not required to offer a substitute.
Mr. Speaker, I yield 3 minutes to the gentlewoman from New York (Ms. Slaughter), my good friend.
(Ms. SLAUGHTER asked and was given permission to revise and extend her remarks, and include extraneous material.)
Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Scott).
Mr. Speaker, I yield 2 minutes to the gentleman from Massachusetts (Mr. Delahunt).
Mr. Speaker, I am pleased to yield 2 minutes to my good friend, the gentlewoman from Texas (Ms. Jackson-Lee).
Mr. Speaker, I yield 2 minutes to my good friend, the gentlewoman from California (Ms. Waters).
Mr. Speaker, I am pleased to yield 1 minute to my friend, the gentlewoman from California (Ms. Lee).
Mr. Speaker, I am pleased to yield 2 minutes to my good friend, the gentlewoman from New York (Mrs. Maloney).
(Mrs. MALONEY asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 5 seconds to the gentlewoman from New York (Mrs. Maloney) for the purpose of making a unanimous consent request.
Parliamentary inquiry, Mr. Speaker. What was the objection about?
Mr. Speaker, further parliamentary inquiry, what is the ruling of the Chair?
Further parliamentary inquiry, so the gentlewoman from New York's request to put in the Record the material?
Mr. Speaker, there is objection to a Member's placing in the Record, a Member who had made a statement supporting the things that she asked to be submitted, that is being denied?
Mr. Speaker, with the Speaker's permission, I ask unanimous consent that the extraneous material offered by the gentlewoman from New York (Mrs. Maloney) be made a part of the Record following her remarks.
Mr. Speaker, I yield 1 minute to the gentleman from Illinois (Mr. Emanuel).
Mr. Speaker, I yield for the purposes of making a privileged motion to the gentlewoman from California (Ms. Woolsey).