[Congressional Record Volume 147, Number 54 (Thursday, April 26, 2001)]
[Senate]
[Page S4015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           FARMER BANKRUPTCY

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of H.R. 256, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 256) to extend for 11 additional months the 
     period for which chapter 12 of title 11 of the United States 
     code is reenacted.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased that the Senate is finally 
turning its attention to retroactively renewing Chapter 12 of the 
Bankruptcy Code, which protects family farmers and helps them prevent 
foreclosures and forced auctions of their farms.
  Unfortunately, many family farmers have been left in legal limbo in 
bankruptcy courts across the country since Chapter 12 of the Bankruptcy 
Code expired on July 1, 2000. Last year, the House of Representatives 
passed narrow legislation to retroactively renew Chapter 12, but that 
legislation died in the Senate. I worked to adopt the House-passed bill 
last year to renew Chapter 12, along with a number of Democratic 
Senators, but the Senate Majority Leader never scheduled a vote on the 
bill.
  This year, Representative Nick Smith and Representative Tammy Baldwin 
introduced H.R. 256 to retroactively renew Chapter 12. Thanks to their 
bipartisan efforts the House passed the bill on February 28 by a vote 
of 408-2. I commend them for their leadership in securing House passage 
of this legislation.
  Earlier this month, Representative Smith and Representative Baldwin 
wrote to me about trying to secure quick Senate passage of H.R. 256. I 
agreed that the Senate should act immediately to renew Chapter 12 of 
the Bankruptcy Code and send their legislation to the President for his 
signature into law. I am glad the Majority Leader is finally taking up 
our request to take up and pass H.R. 256.
  During the debate earlier this year on comprehensive changes to the 
bankruptcy system, some proponents of the controversial reform bill 
claimed that it must be passed to restore Chapter 12 to the Bankruptcy 
Code. I hope today's action to pass a stand alone Chapter 12 bill will 
make it clear to all that the Senate does not have to pass a mammoth 
bankruptcy reform bill to provide family farmers with bankruptcy 
protection. I also hope today's action will put an end to any efforts 
to use Chapter 12 as leverage to enact controversial bankruptcy reform 
legislation. Our family farmers deserve better.
  I strongly support H.R. 256 to retroactively give our family farmers 
bankruptcy protection if they fall on hard times. It is past time for 
Congress to retroactively renew Chapter 12 of the Bankruptcy Code to 
provide a safety net for our nation's family farmers.
  Mr. LOTT. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 256) was read the third time and passed.

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