[Congressional Record Volume 148, Number 151 (Wednesday, November 20, 2002)]
[Senate]
[Pages S11792-S11793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                PROTECTION OF FAMILY FARMERS ACT OF 2002

  Mr. REID. I ask unanimous consent that the Senate proceed to the 
consideration of Calendar No. 628, H.R. 5472.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 5472) to extend for 6 months the period for 
     which chapter 12 title 11 of the United States Code is 
     enacted.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased that the Senate is passing 
H.R. 5472, to extend family farmer bankruptcy protection until July 1, 
2003.
  Unfortunately, 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 fifth time 
that this 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 controlled by the 
other party, failed to take up a House-passed bill to retroactively 
renew Chapter 12 and, as a result, family farmers lost Chapter 12 
bankruptcy protection for 8 months. Another lapse of Chapter 12 lasted 
more than 6 months in this Congress. 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.
  I strongly supported Senator Carnahan's bipartisan amendment to make 
Chapter 12 a permanent part of the Bankruptcy Code 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 this year.
  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. Just last week, however, 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.
  This week, Senator Grassley and I introduced the family farmer 
provisions in the bipartisan bankruptcy conference report in S. 3174, 
the ``Protection of Family Farmers and Family Fisherman Act of 2002.'' 
Our bipartisan bill makes Chapter 12 a permanent part of the Bankruptcy 
Code so family farmer bankruptcy protection will no longer lapse and 
force farmers into a legal limbo. Family farmers deserve these enhanced 
and permanent protections to help them prevent foreclosures and forced 
auctions. I know Senator Grassley, Senator Carnahan, Senator Feingold 
and others on both sides of the aisle strongly support permanent and 
expanded bankruptcy protection for family farmers. I hope the Senate 
and the House will quickly pass

[[Page S11793]]

our bipartisan bill in the next Congress.
  In the meantime, I look forward to the President signing into law 
this legislation to extend basic bankruptcy protection for our family 
farmers through the first six months of next year.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed and the motion to reconsider be laid 
upon the table, with no intervening action or debate, and any 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 5472) was read the third time and passed.

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