[Congressional Record Volume 151, Number 21 (Tuesday, March 1, 2005)]
[Senate]
[Pages S1878-S1881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 15. Mr. AKAKA (for himself, Mr. Durbin, Mr. Leahy, and Mr. 
Sarbanes) submitted an amendment intended to be proposed by him to the 
bill S. 256, to amend title 11 of the United States Code, and for other 
purposes; as follows:

        On page 473, strike beginning with line 12 through page 
     482, line 24, and insert the following:

     SEC. 1301. ENHANCED CONSUMER DISCLOSURES REGARDING MINIMUM 
                   PAYMENTS.

       (a) Disclosures Regarding Outstanding Balances .--Section 
     127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is 
     amended by adding at the end the following:
       ``(11)(A) Information regarding repayment of the 
     outstanding balance of the consumer under the account, 
     appearing in conspicuous type on the front of the first page 
     of each such billing statement, and accompanied by an 
     appropriate explanation, containing--
       ``(i) the words `Minimum Payment Warning: Making only the 
     minimum payment will increase the amount of interest that you 
     pay and the time it will take to repay your outstanding 
     balance.';
       ``(ii) the number of years and months (rounded to the 
     nearest month) that it would take for the consumer to pay the 
     entire amount of that balance, if the consumer pays only the 
     required minimum monthly payments;
       ``(iii) the total cost to the consumer, shown as the sum of 
     all principal and interest payments, and a breakdown of the 
     total costs in interest and principal, of paying that balance 
     in full if the consumer pays only the required minimum 
     monthly payments, and if no further advances are made;
       ``(iv) the monthly payment amount that would be required 
     for the consumer to eliminate the outstanding balance in 36 
     months if no further advances are made; and
       ``(v) a toll-free telephone number at which the consumer 
     may receive information about accessing credit counseling and 
     debt management services.
       ``(B)(i) Subject to clause (ii), in making the disclosures 
     under subparagraph (A) the creditor shall apply the interest 
     rate in effect on the date on which the disclosure is made.
       ``(ii) If the interest rate in effect on the date on which 
     the disclosure is made is a temporary rate that will change 
     under a contractual provision specifying a subsequent 
     interest rate or applying an index or formula for subsequent 
     interest rate adjustment, the creditor shall apply the 
     interest rate in effect on the date on which the disclosure 
     is made for as long as that interest rate will apply under 
     that contractual provision, and then shall apply the adjusted 
     interest rate, as specified in the contract. If the contract 
     applies a formula that uses an index that varies over time, 
     the value of such index on the date on which the disclosure 
     is made shall be used in the application of the formula.''.
       (b) Access to Credit Counseling and Debt Management 
     Information.--
       (1) Guidelines required.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Board of Governors of the Federal 
     Reserve System and the Federal Trade Commission (in this 
     section referred to as the ``Board'' and the ``Commission'', 
     respectively) shall jointly, by rule, regulation, or order, 
     issue guidelines for the establishment and maintenance by 
     creditors of a toll-free telephone number for purposes of the 
     disclosures required under section 127(b)(11) of the Truth in 
     Lending Act, as added by this Act.
       (B) Approved agencies.--Guidelines issued under this 
     subsection shall ensure that referrals provided by the toll-
     free number include only those agencies approved by the Board 
     and the Commission as meeting the criteria under this 
     section.
       (2) Criteria.--The Board and the Commission shall only 
     approve a nonprofit budget and credit counseling agency for 
     purposes of this section that--
       (A) demonstrates that it will provide qualified counselors, 
     maintain adequate provision for safekeeping and payment of 
     client funds, provide adequate counseling with respect to 
     client credit problems, and deal responsibly and effectively 
     with other matters relating to the quality, effectiveness, 
     and financial security of the services it provides;
       (B) at a minimum--
       (i) is registered as a nonprofit entity under section 
     501(c) of the Internal Revenue Code of 1986;
       (ii) has a board of directors, the majority of the members 
     of which--

       (I) are not employed by such agency; and
       (II) will not directly or indirectly benefit financially 
     from the outcome of the counseling services provided by such 
     agency;

       (iii) if a fee is charged for counseling services, charges 
     a reasonable and fair fee, and provides services without 
     regard to ability to pay the fee;
       (iv) provides for safekeeping and payment of client funds, 
     including an annual audit of the trust accounts and 
     appropriate employee bonding;
       (v) provides full disclosures to clients, including funding 
     sources, counselor qualifications, possible impact on credit 
     reports, any costs of such program that will be paid by the 
     client, and how such costs will be paid;
       (vi) provides adequate counseling with respect to the 
     credit problems of the client, including an analysis of the 
     current financial condition of the client, factors that 
     caused such financial condition, and how such client can 
     develop a plan to respond to the problems without incurring 
     negative amortization of debt;
       (vii) provides trained counselors who--

       (I) receive no commissions or bonuses based on the outcome 
     of the counseling services provided;
       (II) have adequate experience; and
       (III) have been adequately trained to provide counseling 
     services to individuals in financial difficulty, including 
     the matters described in subparagraph (F);

       (viii) demonstrates adequate experience and background in 
     providing credit counseling;
       (ix) has adequate financial resources to provide continuing 
     support services for budgeting plans over the life of any 
     repayment plan; and
       (x) is accredited by an independent, nationally recognized 
     accrediting organization.
                                 ______
                                 
  SA 16. Mr. DURBIN (for himself, Ms. Stabenow, Mr. Bayh, Ms. Landrieu, 
Mr. Leahy, Mr. Levin, Mr. Schumer, Ms. Cantwell, Mr. Nelson of Florida, 
Mr. Kennedy, Mr. Kerry, Mrs. Clinton, and Ms. Mikulski) proposed an 
amendment to the bill S. 256, to amend title 11 of the United States 
Code, and for other purposes; as follows:

        On page 13, between lines 13 and 14, insert the following:
       ``(D) Subparagraphs (A) through (C) shall not apply, and 
     the court may not dismiss or convert a case based on any form 
     of means testing, if--
       ``(i) the debtor or the debtor's spouse is a servicemember 
     (as defined in section 101 of the Servicemembers Civil Relief 
     Act (50 App. U.S.C. 511(1)));
       ``(ii) the debtor or the debtor's spouse is a veteran (as 
     defined in section 101(2) of title 38, United States Code); 
     or
       ``(iii) the debtor's spouse dies while in military service 
     (as defined in section 101(2) of the Servicemembers Civil 
     Relief Act (50 App. U.S.C. 511(2))).
       On page 67, between lines 18 and 19, insert the following:

     SEC. 206. DISALLOWANCE OF CLAIMS FILED ON HIGH-COST PAYDAY 
                   LOANS MADE TO SERVICEMEMBERS.

       (a) In General.--Section 502(b) of title 11, United States 
     Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end; 
     and
       (3) by adding at the end the following:
       ``(10) such claim results from an assignment (including a 
     loan or an agreement to deposit military pay into a joint 
     account from which another person may make withdrawals, 
     except when the assignment is for the benefit of a spouse or 
     dependent of the debtor) of the debtor's right to receive--
       ``(A) military pay made in violation of section 701(c) of 
     title 37; or
       ``(B) military pension or disability benefits made in 
     violation of section 5301(a) of title 38; or
       ``(11) such claim is based on a debt of a servicemember or 
     a dependent of a servicemember that--
       ``(A) is secured by, or conditioned upon--
       ``(i) a personal check held for future deposit; or
       ``(ii) electronic access to a bank account; or

[[Page S1879]]

       ``(B) requires the payment of interest, fees, or other 
     charges that would cause the annual percentage rate (as 
     defined by section 107 of the Truth in Lending Act (15 U.S.C. 
     1606)) on the obligation to exceed 36 percent.''.
       (b) Conforming Amendment.--Section 523 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(f) Notwithstanding paragraphs (2), (4), and (6) of 
     subsection (a), a debt is dischargeable in a case under this 
     title if it is based on an assignment of the debtor's right 
     to receive--
       ``(1) military pay made in violation of section 701(c) of 
     title 37; or
       ``(2) military pension or disability benefits made in 
     violation of section 5301(a) of title 38.''.

       On page 132, between lines 5 and 6, insert the following:

     SEC. 234. PROTECTION OF SERVICEMEMBERS' PROPERTY IN 
                   BANKRUPTCY.

       (a) In General.--Section 522(b) of title 11, United States 
     Code, as amended by section 224, is further amended--
       (1) in paragraph (1), as redesignated, by striking ``either 
     paragraph (2) or, in the alternative, paragraph (3) of this 
     subsection'' and inserting ``paragraph (2), (3), or (4)'';
       (2) by redesignating paragraph (4), as added by this Act, 
     as paragraph (5); and
       (3) by inserting after paragraph (3), as redesignated, the 
     following:
       ``(4) If the debtor is a servicemember or the dependent of 
     a servicemember, and the date of the filing of the petition 
     is during, or not later than 1 year after, a period of 
     military service by the servicemember, property listed in 
     this paragraph is--
       ``(A) property that is specified under subsection (d), 
     notwithstanding any State law that prohibits such exemptions; 
     or
       ``(B) property that the debtor could have exempted if the 
     debtor had been domiciled in the State of the debtor's 
     premilitary residence for a sufficient period to claim the 
     exemptions allowed by that State.''.
       (b) Definitions.--Section 101 of title 11, United States 
     Code, is amended--
       (1) by inserting after paragraph (13A), as added by this 
     Act, the following:
       ``(13B) `dependent', with respect to a servicemember, 
     means--
       ``(A) the servicemember's spouse;
       ``(B) the servicemember's child (as defined in section 
     101(4) of title 38); or
       ``(C) an individual for whom the servicemember provided 
     more than 50 percent of the individual's support during the 
     180-day period immediately before the petition;'';
       (2) by inserting after paragraph (39A), as added by this 
     Act, the following:
       ``(39B) `military service' means--
       ``(A) in the case of a servicemember who is a member of the 
     Army, Navy, Air Force, Marine Corps, or Coast Guard--
       ``(i) active duty (as defined in section 101(d)(1) of title 
     10); and
       ``(ii) in the case of a member of the National Guard of the 
     United States, service under a call to active service 
     authorized by the President or the Secretary of Defense for a 
     period of more than 30 consecutive days under section 502(f) 
     of title 32, for purposes of responding to a national 
     emergency declared by the President and supported by Federal 
     funds;
       ``(B) in the case of a servicemember who is a commissioned 
     officer of the Public Health Service or the National Oceanic 
     and Atmospheric Administration, active service; and
       ``(C) any period during which a servicemember is absent 
     from duty on account of sickness, wounds, leave, or other 
     lawful cause;'';
       (3) by inserting after paragraph (40B), as added by this 
     Act, the following:
       ``(40C) `period of military service' means the period 
     beginning on the date on which a servicemember enters 
     military service and ending on the date on which the 
     servicemember--
       ``(A) is released from military service; or
       ``(B) dies while in military service;''; and
       (4) by inserting after paragraph (51D), as added by this 
     Act, the following:
       ``(51E) `servicemember' means a member of the uniformed 
     services (as defined in section 101(a)(5) of title 10;''.
       On page 191, between lines 11 and 12, insert the following:

     SEC. 322A. EXEMPTION FOR SERVICEMEMBERS.

       Section 522 of title 11, United States Code, as amended by 
     sections 224, 308, and 322, is further amended by adding at 
     the end the following:
       ``(r) If the debtor or the spouse of the debtor is a 
     servicemember (as defined in section 101 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 511(1))) or a 
     veteran (as defined in section 101(2) of title 38, United 
     States Code) or the spouse of the debtor dies while in 
     military service (as defined in section 101(2) of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 511(2))), and 
     the debtor or the spouse of the debtor elects to exempt 
     property--
       ``(1) under subsection (b)(2), the debtor may, in lieu of 
     the exemption provided under subsection (d)(1), exempt the 
     debtor's aggregate interest, not to exceed $75,000 in value, 
     in--
       ``(A) real property or personal property that the debtor or 
     a dependent of the debtor uses as a residence;
       ``(B) a cooperative that owns property that the debtor or a 
     dependent of the debtor uses as a residence; or
       ``(C) a burial plot for the debtor or a dependent of the 
     debtor; or
       ``(2) under subsection (b)(3), and the exemption provided 
     under applicable law that may be applied to such property is 
     for less than $75,000 in value, the debtor may, in lieu of 
     such exemption, exempt the debtor's aggregate interest, not 
     to exceed $75,000 in value, in any property described in 
     subparagraph (A), (B), or (C) of paragraph (1).''.
                                 ______
                                 
  SA 17. Mr. FEINGOLD proposed an amendment to the bill S. 256, to 
amend title 11 of the United States Code, and for other purposes; as 
follows:

       On page 191, between lines 11 and 12, insert the following:

     SEC. 322A. EXEMPTION FOR THE ELDERLY.

       Section 522 of title 11, United States Code, as amended by 
     sections 224, 308, and 322, is amended by adding at the end 
     the following:
       ``(r) For a debtor whose age is 62 or older on the date of 
     the filing of the petition, if the debtor elects to exempt 
     property--
       ``(1) under subsection (b)(2), then in lieu of the 
     exemption provided under subsection (d)(1), the debtor may 
     elect to exempt the debtor's aggregate interest, not to 
     exceed $75,000 in value, in real property or personal 
     property that the debtor or a dependent of the debtor uses as 
     a residence, in a cooperative that owns property that the 
     debtor or a dependent of the debtor uses as a residence, or 
     in a burial plot for the debtor or a dependent of the debtor; 
     or
       ``(2) under subsection (b)(3), then if the exemption 
     provided under applicable law that may be applied to such 
     property is for less than $75,000 in value, the debtor may 
     elect in lieu of such exemption to exempt the debtor's 
     aggregate interest, not to exceed $75,000 in value, in any 
     such real or personal property, cooperative, or burial 
     plot.''.
                                 ______
                                 
  SA 18. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 256, to amend title 11 of the United States Code, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 13, between lines 7 and 8, insert the following:
       ``(v) In addition to the other grounds by which the 
     presumption of abuse may be rebutted under this subparagraph, 
     the debtor may rebut the presumption of abuse by showing 
     catastrophic financial hardship caused by illness, resulting 
     in substantial unreimbursed expenses for necessary medical 
     care, that burdens the debtor to such an extent that the 
     debtor is unable to repay the medical debt over the debtor's 
     lifetime, in the judgement of the court. If the debtor rebuts 
     the presumption of abuse under this clause, the bankruptcy 
     judge shall not dismiss or convert the case to a proceeding 
     under chapter 13 of this title.
                                 ______
                                 
  SA 19. Mrs. FEINSTEIN (for herself and Mr. Kyl) submitted an 
amendment intended to be proposed by her to the bill S. 256, to amend 
title 11 of the United States Code, and for other purposes; which was 
ordered to lie on the table; as follows:

        Beginning on page 473, strike line 14 and all that follows 
     through page 482, line 24, and insert the following:
        Section 127(b) of the Truth in Lending Act (15 U.S.C. 
     1637(b)) is amended by adding at the end the following:
       ``(11) Enhanced disclosure under an open end credit plan.--
       ``(A) In general.--A credit card issuer shall provide, with 
     each billing statement provided to a cardholder in a State, 
     the following on the front of the first page of the billing 
     statement in type no smaller than that required for any other 
     required disclosure, but in no case in less than 8-point 
     capitalized type:
       ``(i) A written statement in the following form: `Minimum 
     Payment Warning: Making only the minimum payment will 
     increase the interest you pay and the time it takes to repay 
     your balance.'.
       ``(ii) Either of the following:

       ``(I) A written statement in the form of and containing the 
     information described in item (aa) or (bb), as applicable, as 
     follows:

       ``(aa) A written 3-line statement, as follows: `A one 
     thousand dollar ($1,000) balance will take 17 years and 3 
     months to pay off at a total cost of two thousand five 
     hundred ninety dollars and thirty-five cents ($2,590.35). A 
     two thousand five hundred dollar ($2,500) balance will take 
     30 years and 3 months to pay off at a total cost of seven 
     thousand seven hundred thirty-three dollars and forty-nine 
     cents ($7,733.49). A five thousand dollar ($5,000) balance 
     will take 40 years and 2 months to pay off at a total cost of 
     sixteen thousand three hundred five dollars and thirty-four 
     cents ($16,305.34). This information is based on an annual 
     percentage rate of 17 percent and a minimum payment of 2 
     percent or ten dollars ($10), whichever is greater.'. In the 
     alternative, a credit card issuer may provide this 
     information for the 3 specified amounts at the annual 
     percentage rate and required minimum payment that are 
     applicable to the cardholder's account. The statement 
     provided shall be immediately preceded by the statement 
     required by clause (i).
       ``(bb) Instead of the information required by item (aa), 
     retail credit card issuers shall provide a written 3-line 
     statement to read, as follows: `A two hundred fifty dollar 
     ($250) balance will take 2 years and 8 months to pay off a 
     total cost of three hundred twenty-five dollars and twenty-
     four cents ($325.24). A

[[Page S1880]]

     five hundred dollar ($500) balance will take 4 years and 5 
     months to pay off at a total cost of seven hundred nine 
     dollars and ninety cents ($709.90). A seven hundred fifty 
     dollar ($750) balance will take 5 years and 5 months to pay 
     off at a total cost of one thousand ninety-four dollars and 
     forty-nine cents ($1,094.49). This information is based on an 
     annual percentage rate of 21 percent and a minimum payment of 
     5 percent or ten dollars ($10), whichever is greater.'. In 
     the alternative, a retail credit card issuer may provide this 
     information for the 3 specified amounts at the annual 
     percentage rate and required minimum payment that are 
     applicable to the cardholder's account. The statement 
     provided shall be immediately preceded by the statement 
     required by clause (i). A retail credit card issuer is not 
     required to provide this statement if the cardholder has a 
     balance of less than five hundred dollars ($500).

       ``(II) A written statement providing individualized 
     information indicating an estimate of the number of years and 
     months and the approximate total cost to pay off the entire 
     balance due on an open-end credit card account if the 
     cardholder were to pay only the minimum amount due on the 
     open-ended account based upon the terms of the credit 
     agreement. For purposes of this subclause only, if the 
     account is subject to a variable rate, the creditor may make 
     disclosures based on the rate for the entire balance as of 
     the date of the disclosure and indicate that the rate may 
     vary. In addition, the cardholder shall be provided with 
     referrals or, in the alternative, with the `800' telephone 
     number of the National Foundation for Credit Counseling 
     through which the cardholder can be referred, to credit 
     counseling services in, or closest to, the cardholder's 
     county of residence. The credit counseling service shall be 
     in good standing with the National Foundation for Credit 
     Counseling or accredited by the Council on Accreditation for 
     Children and Family Services. The creditor is required to 
     provide, or continue to provide, the information required by 
     this clause only if the cardholder has not paid more than the 
     minimum payment for 6 consecutive months, beginning after 
     January 1, 2005.

       ``(iii)(I) A written statement in the following form: `For 
     an estimate of the time it would take to repay your balance, 
     making only minimum payments, and the total amount of those 
     payments, call this toll-free telephone number: (Insert toll-
     free telephone number).'. This statement shall be provided 
     immediately following the statement required by clause 
     (ii)(I). A credit card issuer is not required to provide this 
     statement if the disclosure required by clause (ii)(II) has 
     been provided.
       ``(II) The toll-free telephone number shall be available 
     between the hours of 8 a.m. and 9 p.m., 7 days a week, and 
     shall provide consumers with the opportunity to speak with a 
     person, rather than a recording, from whom the information 
     described in subclause (I) may be obtained.
       ``(III) The Federal Trade Commission shall establish not 
     later than 1 month after the date of enactment of this 
     paragraph a detailed table illustrating the approximate 
     number of months that it would take and the approximate total 
     cost to repay an outstanding balance if the consumer pays 
     only the required minimum monthly payments and if no other 
     additional charges or fees are incurred on the account, such 
     as additional extension of credit, voluntary credit 
     insurance, late fees, or dishonored check fees by assuming 
     all of the following:

       ``(aa) A significant number of different annual percentage 
     rates.
       ``(bb) A significant number of different account balances, 
     with the difference between sequential examples of balances 
     being no greater than $100.
       ``(cc) A significant number of different minimum payment 
     amounts.
       ``(dd) That only minimum monthly payments are made and no 
     additional charges or fees are incurred on the account, such 
     as additional extensions of credit, voluntary credit 
     insurance, late fees, or dishonored check fees.

       ``(IV) A creditor that receives a request for information 
     described in subclause (I) from a cardholder through the 
     toll-free telephone number disclosed under subclause (I), or 
     who is required to provide the information required by clause 
     (ii)(II), may satisfy the creditor's obligation to disclose 
     an estimate of the time it would take and the approximate 
     total cost to repay the cardholder's balance by disclosing 
     only the information set forth in the table described in 
     subclause (III). Including the full chart along with a 
     billing statement does not satisfy the obligation under this 
     paragraph.
       ``(B) Definitions.--In this paragraph:
       ``(i) Open-end credit card account.--The term `open-end 
     credit card account' means an account in which consumer 
     credit is granted by a creditor under a plan in which the 
     creditor reasonably contemplates repeated transactions, the 
     creditor may impose a finance charge from time to time on an 
     unpaid balance, and the amount of credit that may be extended 
     to the consumer during the term of the plan is generally made 
     available to the extent that any outstanding balance is 
     repaid and up to any limit set by the creditor.
       ``(ii) Retail credit card.--The term `retail credit card' 
     means a credit card that is issued by or on behalf of a 
     retailer, or a private label credit card, that is limited to 
     customers of a specific retailer.
       ``(C) Exemptions.--
       ``(i) Minimum payment of not less than ten percent.--This 
     paragraph shall not apply in any billing cycle in which the 
     account agreement requires a minimum payment of not less than 
     10 percent of the outstanding balance.
       ``(ii) No finance changes.--This paragraph shall not apply 
     in any billing cycle in which finance charges are not 
     imposed.''.
                                 ______
                                 
  SA 20. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 256, to amend title 11 of the United States Code, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 11, between lines 2 and 3, insert the following:
       ``(VI) In addition, the debtor's monthly expenses shall 
     include the actual, reasonable expenses for operation of 
     transportation and for public transportation, including costs 
     for fuel, maintenance, automobile insurance, and public 
     transportation, to the extent that the actual costs exceed 
     the Local Standards issued by the Internal Revenue Service 
     for operating and public transportation costs.
       ``(VII) In addition, if a debtor owns a home, the debtor's 
     monthly expenses shall include the actual, reasonable 
     expenses for home maintenance, including costs for repairs, 
     maintenance, taxes, and home insurance. In the case of a 
     debtor who does not own a home, such expenses shall be 
     included to the extent that such expenses cause the debtor's 
     housing expenses to exceed the amounts permitted under the 
     Local Standards issued by the Internal Revenue Service for 
     housing.
       ``(VIII) In addition, if the debtor owns a motor vehicle 
     for which no secured debt payments are scheduled, or for 
     which secured debt payments are scheduled for less than 60 
     months, the debtor's monthly expenses shall include the 
     monthly ownership costs permitted by the Internal Revenue 
     Service for the number of months in which no secured debt 
     payment on the vehicle is scheduled, divided by 60. Such 
     additional ownership costs shall be included for each vehicle 
     for which the debtor would be permitted ownership costs under 
     the Internal Revenue Service National Standards.
                                 ______
                                 
  SA 21. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 256, to amend title 11 of the United States Code, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 11, between lines 2 and 3, insert the following:
       ``(VI) In addition, the debtor's monthly expenses shall 
     include the reasonably necessary monthly expenses incurred by 
     a debtor who is eligible to receive or is receiving payments 
     under State unemployment insurance laws, the Federal 
     dislocated workers assistance programs under title III of the 
     Job Training Partnership Act (29 U.S.C. 1501 et seq.) or the 
     successor Workforce Investment Act of 1998 (20 U.S.C. 9201 et 
     seq.), the trade adjustment assistance programs provided for 
     under title II of the Trade Act of 1974 (19 U.S.C. 2251 et 
     seq.), or State assistance programs for displaced or 
     dislocated workers and incurred for the purpose of obtaining 
     and maintaining employment.
                                 ______
                                 
  SA 22. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 256, to amend title 11 of the United States Code, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 19, line 8, strike ``receive)'' and insert 
     ``receive) reduced by an amount, if any, that is equal to the 
     amount of child support payments that the debtor's spouse 
     owed to the debtor for such month, but did not pay,''.
                                 ______
                                 
  SA 23. Mr. SESSIONS proposed an amendment to the bill S. 256, to 
amend title 11 of the United States Code, and for other purposes; as 
follows:

        On page 12, line 10, insert after ``special 
     circumstances'' the following: ``, such as a serious medical 
     condition or a call or order to active duty in the Armed 
     Forces, to the extent such special circumstances''.
       On page 18, line 4, insert after ``debtor'' the following: 
     ``, including a veteran (as that term is defined in section 
     101 of title 38),''.
                                 ______
                                 
  SA 24. Mr. ROCKEFELLER (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill S. 256, to amend 
title 11 of the United States Code, and for other purposes; which was 
ordered to lie on the table; as follows:

        Beginning on page 498, strike line 20 and all that follows 
     through page 499, line 2, and insert the following:

     SEC. 1401. EMPLOYEE WAGE AND BENEFIT PRIORITIES.

       Section 507(a) of title 11, United States Code, as amended 
     by section 212, is amended--
       (1) in paragraph (4)--
       (A) by striking ``within 90 days''; and
       (B) by striking ``but only to the extent'' and all that 
     follows through ``each individual or corporation'' and 
     inserting ``but only to the extent of $15,000 for each 
     individual or corporation''; and
       (2) in paragraph (5)(B)(i), by striking ``multiplied by'' 
     and all that follows through ``;

[[Page S1881]]

     less'' and inserting ``multiplied by $15,000; less''.

     SEC. 1401A. PAYMENT OF INSURANCE BENEFITS OF RETIREES.

       (a) In General.--Section 1114(j) of title 11, United States 
     Code, is amended to read as follows:
       ``(j)(1) No claim for retiree benefits shall be limited by 
     section 502(b)(7).
       ``(2)(A) Each retiree whose benefits are modified pursuant 
     to subsection (e)(1) or (g) shall have a claim in an amount 
     equal to the value of the benefits lost as a result of such 
     modification. Such claim shall be reduced by the amount paid 
     by the debtor under subparagraph (B).
       ``(B)(i) In accordance with section 1129(a)(13)(B), the 
     debtor shall pay the retiree with a claim under subparagraph 
     (A) an amount equal to the cost of 18 months of premiums on 
     behalf of the retiree and the dependents of the retiree under 
     section 602(3) of the Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1162(3)), which amount shall not exceed 
     the amount of the claim under subparagraph (A).
       ``(ii) If a retiree under clause (i) is not eligible for 
     continuation coverage (as defined in section 602 of the 
     Employee Retirement Income Security Act of 1974), the 
     Secretary of Labor shall determine the amount to be paid by 
     the debtor to the retiree based on the 18-month cost of a 
     comparable health insurance plan.
       ``(C) Any amount of the claim under subparagraph (A) that 
     is not paid under subparagraph (B) shall be a general 
     unsecured claim.''.
       (b) Confirmation of Plan.--Section 1129(a)(13) of title 11, 
     United States Code, is amended to read as follows:
       ``(13) The plan provides--
       ``(A) for the continuation after its effective date of the 
     payment of all retiree benefits (as defined in section 1114), 
     at the level established pursuant to subsection (e)(1) or (g) 
     of section 1114, at any time before the confirmation of the 
     plan, for the duration of the period the debtor has obligated 
     itself to provide such benefits; and
       ``(B) that the holder of a claim under section 
     1114(j)(2)(A) shall receive from the debtor, on the effective 
     date of the plan, cash equal to the amount calculated under 
     section 1114(j)(2)(B).''.
       (c) Rulemaking.--The Secretary of Labor shall promulgate 
     rules and regulations to carry out the amendments made by 
     this section.
                                 ______
                                 
  SA 25. Mr. ROCKEFELLER submitted an amendment intended to be proposed 
by him to the bill S. 256, to amend title 11 of the United States Code, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 473, between lines 9 and 10, insert the following:

     SEC. 1236. PROTECTION OF COAL INDUSTRY HEALTH BENEFITS.

       Section 9711(g) of the Internal Revenue Code of 1986 
     (relating to rules applicable to this part and part II) is 
     amended by adding at the end the following new paragraph:
       ``(3) Prohibition on termination and modification of 
     benefits.--Except as provided in subsection (d), the benefits 
     required to be provided by a last signatory operator under 
     this chapter may not be terminated or modified by any court 
     in a proceeding under title 11 of the United States Code or 
     by agreement at any time when such operator is participating 
     in such a proceeding.''.
                                 ______
                                 
  SA 26. Mr. LEAHY (for himself, Ms. Snowe, and Ms. Cantwell) proposed 
an amendment to the bill S. 256, to amend title 11 of the United States 
Code, and for other purposes; as follows:

        On page 132, between lines 5 and 6, insert the following:

     SEC. 234. PROTECTION OF PERSONAL INFORMATION.

       (a) Restriction of Public Access to Certain Information 
     Contained in Bankruptcy Case Files.--Section 107 of title 11, 
     United States Code, is amended by striking subsection (b), 
     and inserting the following:
       ``(b) On request of a party in interest, the bankruptcy 
     court shall, and on the bankruptcy court's own motion, may, 
     protect a person with respect to a trade secret or 
     confidential research, development, or commercial 
     information.
       ``(c) The bankruptcy court, for cause, may protect an 
     individual, with respect to--
       ``(1) any means of identification (as defined in section 
     1028(d) of title 18) contained in a paper filed, or to be 
     filed, in a case under this title; or
       ``(2) information contained in a paper described in 
     paragraph (1) that could cause undue annoyance, 
     embarrassment, oppression, or risk of injury to person or 
     property.''.
       (b) Security of Social Security Account Number of Debtor in 
     Notice to Creditor.--Section 342(c) of title 11, United 
     States Code, is amended--
       (1) by inserting ``last 4 digits of the'' before ``taxpayer 
     identification number''; and
       (2) by adding at the end the following: ``If the notice 
     concerns an amendment that adds a creditor to the schedules 
     of assets and liabilities, the debtor shall include the full 
     taxpayer identification number in the notice sent to that 
     creditor, but the debtor shall include only the last 4 digits 
     of the taxpayer identification number in the copy of the 
     notice filed with the court.''.
                                 ______
                                 
  SA 27. Mr. CHAFEE (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 256, to amend title 11 of 
the United States Code, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 196, line 14, insert ``, other than redemptions 
     under section 722 of this title,'' after ``claim''.

                          ____________________