[Congressional Record Volume 144, Number 74 (Wednesday, June 10, 1998)]
[Daily Digest]
[Pages D612-D613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page D612]]




                        House of Representatives


Chamber Action
Bills Introduced: 10 public bills, H.R. 4025-4034, were introduced. 
                                                         Pages H4478-79
Reports Filed: Reports were filed as follows:
  H.R. 2742, to provide for the transfer of public lands to certain 
California Indian Tribes, amended (H. Rept. 105-575); and
  H. Res. 465, providing for consideration of H.R. 2888, to amend title 
18, United States Code, with respect to violent sex crimes against 
children (H. Rept. 105-576).
Page H4478
Speaker Pro Tempore: Read a letter from the Speaker wherein he 
designated Representative Solomon to act as Speaker pro tempore for 
today.
  Page H4333
Recess: The House recessed at 9:03 a.m. and reconvened at 11:00 a.m. 
                                                             Page H4333
Joint Meeting to receive His Excellency Kim Dae-Jung, President of the 
Republic of South Korea: It was made in order that the proceedings 
conducted during the recess be printed in the Record.
  Pages H4333-36
Bankruptcy Reform Act: The House passed H.R. 3150, to amend title 11 of 
the United States Code by a recorded vote of 306 ayes to 118 noes, Roll 
No. 225.
  Pages H4354-S4443
  Rejected the Conyers motion that sought to recommit the bill to the 
Committee on the Judiciary with instructions to report back forthwith 
with amendments that revise the needs-based bankruptcy section to 
exclude support of a child, alimony, or support paid to a spouse or 
former spouse and adds a section for protection against reaffirmation 
agreements adversely affecting child support (rejected by a recorded 
vote of 153 ayes to 270 noes, Roll No. 224).
Pages H4440-42
Agreed To:
  The Gekas amendment that ensures that a debtor who is disqualified 
from obtaining relief under chapter 7 by virtue of the bill's need-
based formula is not disqualified from relief under chapter 11; makes 
revisions relating to debt counseling and financial management 
provisions; limits amount of a debtor's homestead to prevent 
manipulation of the provision to the disadvantage of homeowners; adds 
safeguards to fee examiner appointments and creditor's committee 
membership; revises section to accord more protection to recording 
artists; and clarifies that the Advisory Committee on Bankruptcy Rules 
of the Judicial Conference of the United States will establish rules 
and forms for small business debtors;
Pages H4394-97
  The Boucher amendment that expands the definition of ``household 
goods'' to include personal property that is necessary for the support 
of a dependent child; and moves child support, alimony, and marital 
dissolution obligations from seventh priority to first priority during 
bankruptcy proceedings;
Pages H4398-H4400
  The Shaw amendment, as modified, that requires credit card companies 
who obtain payments from parents who owe past-due child support to 
distribute the payment to parents and children who are entitled to 
priority under the bill;
Pages H4400-02
  The Gekas amendment that prohibits the conversion of non-exempt 
assets into exempt homestead property within 1 year of filing for 
bankruptcy (agreed to by a recorded vote of 222 ayes to 204 noes, Roll 
No. 221);
Pages H4404-06, H4438-39
  The Velazquez amendment that requires the Executive Office of U.S. 
Trustees and Administrative Office of the U.S. Courts to conduct a 
study of the causes of small business bankruptcies;
Pages H4407-08
  The Baldacci amendment that directs the Comptroller General to 
conduct a study of the impact on the nation's bankruptcy rate due to 
the extension of credit to students enrolled in post-secondary 
education programs who are claimed as dependents for tax purposes by 
their parents or legal guardians;
Pages H4408-09
Rejected:
  The Nadler amendment that sought to modify the small business 
subtitle; restore the right to count debt as disposable income; strike 
paperwork and bureaucratic burdens and rigid deadlines which are not 
otherwise imposed on larger businesses; and strike provisions which 
allow a creditor to violate the automatic stay; prohibit a small 
business from filing a new petition for two years after a case was 
dismissed; and require a successor entity to bring forward a plan 
capable of confirmation in order to file the case (rejected by a 
recorded vote of 136 ayes to 290 noes, Roll No. 219); 
                                               Pages H4397-98, H4436-37
  The Delahunt amendment that sought to authorize the Judicial 
Conference of the United States to reduce disbursements to unsecured 
nonpriority creditors payable in Chapter 13 cases to cover the 
increased costs to the courts and the U.S. Trustees Office of 
implementing and administering the means testing system (rejected by a 
recorded vote of 149 ayes to 278 noes, Roll No. 220); 
                                               Pages H4402-03, H4437-38

[[Page D613]]


  The Paul amendment that sought to reorder tax priorities for debt 
repayment to repay local governmental units first, then state 
governmental units, then Federal governmental units;
                                                         Pages H4403-04
  The Scott amendment that sought to eliminate Section 212 and maintain 
current law relating to recording artists and the discharge of 
obligations under service contract agreements with recording companies 
(rejected by a recorded vote of 111 ayes to 316 noes, Roll No. 222); 
and
                                                  Pages H4406-07, H4439
  The Nadler amendment in the nature of a substitute that sought to 
delete the one size fits all means test; strengthen procedure under 
current law for dismissal of a case for abuse of chapter 7; restore 
existing priorities among creditors; protect alimony and child support; 
revise small business subtitle to be consistent with recommendations of 
the National Bankruptcy Conference and the Small Business 
Administration; and ensure that government including the IRS cannot 
harass debtors (rejected by a recorded vote of 140 ayes to 288 noes, 
Roll No. 223).
                                               Pages H4409-36, H4439-40
  The Clerk was authorized in the engrossment of the bill to make 
corrections and conforming changes to the bill.
                                                         Pages H4442-43
  H. Res. 462, the rule that provided for consideration of the bill was 
agreed to by a yea and nay vote of 251 yeas to 172 nays, Roll No. 218. 
Agreed to order the previous question by a yea and nay vote of 236 yeas 
to 183 nays, Roll No. 217.
                                                         Pages H4338-54
  Earlier, a point of order was raised against the rule under Section 
425 of the Congressional Budget Act of 1974, regarding unfunded 
mandates. Pursuant to Section 426 of the Congressional Budget Act, the 
House agreed to consider H. Res. 462, by a yea and nay vote of 248 yeas 
to 166 nays, Roll No. 216.
                                                         Pages H4339-43
Constitutional Amendment to Limit Campaign Spending: The House 
completed debate on H.J. Res. 119, proposing an amendment to the 
Constitution of the United States to limit campaign spending. The 
record vote on final passage was postponed, and consideration of the 
joint resolution will resume on June 11.
  Pages H4443-65
  Res. 442, the rule that is providing for consideration of the joint 
resolution was agreed to on May 21.
Sales Incentive Compensation Act: The House completed debate on H.R. 
2888, to amend the Fair Labor Standards Act of 1938 to exempt from the 
minimum wage recordkeeping and overtime compensation requirements 
certain specialized employees.
  Pages H4466-75
                                                             Agreed To:
  The Fawell amendment that specifies that employee sales that are 
predominantly to persons or entities to whom the employee's position 
has made previous sales or the position does not involve initiating 
sales contacts; and
                                                             Page H4474
  The Andrews amendment that specifies that an employee, rather than 
the position, has detailed understanding of the needs of those to whom 
the employee is selling and the employee exercises discretion in 
offering a variety of products and services.
                                                             Page H4475
                                                        Vote Postponed:
  The Owens amendment that seeks to require the employee's consent to 
work any hours in excess of 40 in any workweek or 8 in any day was 
debated and a recorded vote was postponed.
                                                         Pages H4474-75
  Agreed by unanimous consent that during further consideration of H.R. 
2888, in the Committee of the Whole pursuant to the rule, after the 
legislative day of today, June 10, no further debate or amendments to 
the committee amendment in the nature of a substitute shall be in 
order.
                                                             Page H4466
  H. Res. 461, the rule that is providing for consideration of the bill 
was agreed to earlier by a voice vote.
                                                         Pages H4465-66
Senate Messages: Message received from the Senate today appears on page 
H4335.
Referrals: S. 1531, to deauthorize certain portions of the project for 
navigation, Bass Harbor, Maine was referred to the Committee on 
Transportation and Infrastructure.
  Page H4478
Amendments: Amendments ordered printed pursuant to the rule appear on 
pages H4479-80.
Quorum Calls--Votes: Three yea and nay votes and seven recorded votes 
developed during the proceedings of the House today and appear on pages 
H4342-43, H4353, H4353-54, H4437, H4437-38, H4438, H4439, H4439-40, 
H4441-42, and H4442. There were no quorum calls.
Adjournment: Met at 9:00 a.m. and adjourned at 12:12 a.m. on Thursday, 
June 11.