[Congressional Record (Bound Edition), Volume 147 (2001), Part 3]
[Senate]
[Pages 3651-3653]
[From the U.S. Government Publishing Office, www.gpo.gov]



                BANKRUPTCY REFORM ACT OF 2001--Continued

  Mr. STEVENS. Mr. President, under the provisions of rule XXII, I 
yield the remainder of my hour to the bill's manager.
  The PRESIDING OFFICER. The Senator has that right.

[[Page 3652]]




                     Amendment No. 20, as modified

  The Senator from Vermont.
  Mr. LEAHY. Mr. President, I understand we have amendment No. 19, the 
amendment of the Senator from Vermont, pending. I ask unanimous consent 
that amendment No. 20 be modified by an amendment by myself and Mr. 
Hatch.
  The PRESIDING OFFICER. Is there objection?
  Mr. LEAHY. Mr. President, I withhold that for a moment.
  While we are waiting on that matter--I am surely going to make the 
request again--we have my amendment with the yeas and nays on it. And I 
understand that the leader would prefer that votes begin in the 
morning. I have no objection to the leader stacking that with other 
votes to occur in the morning. We have the yeas and nays on it.
  I urge, however, that those who have germane amendments on our side 
come to the floor and offer them, seek the yeas and nays, if they wish, 
and speak on them tonight. There is no reason why we cannot finish this 
bill sometime during the day tomorrow.
  Mr. President, there appears to be some difficulty. I was of the 
understanding that Senator Hatch wanted this modified. I was going to 
offer that modification as a courtesy to Senator Hatch. I will not 
offer the modification and am perfectly happy to have them go ahead and 
vote on my original amendment.
  I yield the floor.
  Mr. President, I ask unanimous consent to modify amendment No. 20 on 
behalf of myself and Mr. Hatch. I send the modification to the desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 20), as modified, is as follows:

   (Purpose: To protect the identity of minor children in bankruptcy 
                              proceedings)

       On page 124, between lines 10 and 11, insert the following:

     SEC. 233. PROHIBITION ON DISCLOSURE OF IDENTITY OF MINOR 
                   CHILDREN.

       (a) Prohibition.--Chapter 1 of title 11, United States 
     Code, is amended by adding after section 111, as added by 
     this Act, the following:

     ``Sec. 112. Prohibition on disclosure of identity of minor 
       children

       ``In a case under this title, the debtor may be required to 
     provide information regarding a minor child involved in 
     matters under this title, but may not be required to disclose 
     in the public records in the case the name of such minor 
     child. Notwithstanding section 107(a), the debtor may be 
     required to disclose the name of such minor child in a 
     nonpublic record maintained by the court. Such nonpublic 
     record shall be available for inspection by the judge, United 
     States Trustee, the trustee, or an auditor under section 603 
     of the Bankruptcy Reform Act of 2001. Each such judge, United 
     States Trustee, trustee, or auditor shall maintain the 
     confidentiality of the identity of such minor child in the 
     nonpublic record.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1 of title 11, United States Code, is amended by adding at 
     the end the following:

``112. Prohibition on disclosure of identity of minor children.''.

  Mr. LEAHY. Mr. President, have the yeas and nays been ordered on that 
amendment?
  The PRESIDING OFFICER. The yeas and nays have not been called for.
  Mr. LEAHY. I ask unanimous consent that it be in order at this point 
to ask for the yeas and nays on amendment No. 20, as modified.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. LEAHY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Vermont.


                       Vitiation of Modification

  Mr. LEAHY. Mr. President, I ask unanimous consent to vitiate the 
action on amendment No. 20.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Amendment No. 41, As Modified

  Mr. LEAHY. Mr. President, I ask unanimous consent that similar action 
be now done in relation to amendment No. 41; that is, that amendment 
No. 41 be modified on behalf of myself and Senator Hatch.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 41), as modified, is as follows:

   (Purpose: To protect the identify of minor children in bankruptcy 
                              proceedings)

       On page 124, between lines 10 and 11, insert the following:

     SEC. 233. PROHIBITION ON DISCLOSURE OF IDENTITY OF MINOR 
                   CHILDREN.

       (a) Prohibition.--Chapter 1 of title 11, United States 
     Code, is amended by adding after section 111, as added by 
     this Act, the following:

     ``Sec. 112. Prohibition on disclosure of identity of minor 
       children

       ``In a case under this title, the debtor may be required to 
     provide information regarding a minor child involved in 
     matters under this title, but may not be required to disclose 
     in the public records in the case the name of such minor 
     child. Notwithstanding section 107(a), the debtor may be 
     required to disclose the name of such minor child in a 
     nonpublic record maintained by the court. Such nonpublic 
     record shall be available for inspection by the judge, United 
     States Trustee, the trustee, or an auditor under section 603 
     of the Bankruptcy Reform Act of 2001. Each such judge, United 
     States Trustee, trustee, or auditor shall maintain the 
     confidentiality of the identity of such minor child in the 
     nonpublic record.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1 of title 11, United States Code, is amended by adding at 
     the end the following:

``112. Prohibition on disclosure of identity of minor children.''.

  Mr. LEAHY. Mr. President, I ask unanimous consent that it be in order 
to ask for the yeas and nays, instead, on amendment No. 41, as 
modified.
  The PRESIDING OFFICER. Apparently, the yeas and nays have already 
been ordered.
  Mr. LEAHY. I thank the Chair.
  Mr. GRASSLEY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. I ask unanimous consent, notwithstanding rule XXII, 
that at 12 o'clock noon on Thursday, the Senate proceed to vote in 
relation to the pending amendment No. 19; that upon disposition of 
amendment No. 19, the Senate vote in relation to amendment No. 41, as 
modified; that the amendments now be laid aside; and that there be 2 
minutes prior to each vote for explanation.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. GRASSLEY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that when the 
Senate resumes consideration of S. 420 at 9:30 on Thursday, there be 10 
hours remaining under the provisions of rule XXII.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Mr. President, I further ask unanimous consent that at 
9:30 on Thursday, Senator Wellstone be recognized to offer any of his 
germane amendments, Nos. 69, 70, 71, 72, 73, and 74, and time consumed 
be considered Senator Wellstone's time under the provisions of rule 
XXII.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. I further ask unanimous consent that at 10:30 a.m. on 
Thursday, Senator Kohl be recognized in order to call up a filed 
amendment, No. 68, regarding the homestead provision. Further, I ask 
that there be 90 minutes for debate equally divided in the usual form, 
and that following the debate, the Kohl amendment be temporarily set 
aside with a vote to occur in relation to the amendment at a time 
determined by the two managers; further, that there be no amendments to 
the Kohl amendment in order prior to the vote.
  Mr. REID. No objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Mr. President, I suggest the absence of a quorum.

[[Page 3653]]

  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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