[Congressional Record (Bound Edition), Volume 148 (2002), Part 4]
[Senate]
[Pages 5467-5468]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  FAMILY FARMER BANKRUPTCY PROTECTION

  Mr. REID. Mr. President, it is my understanding H.R. 4167, received 
from the House, is at the desk. I ask unanimous consent that the Senate 
proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4167) to extend for 8 additional months the 
     period for which chapter 12 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 will pass H.R. 
4167, to retroactively renew family farmer bankruptcy protection until 
June 1, 2002. After months of inaction, the House of Representatives 
finally passed this legislation two days ago to reinstate Chapter 12 of 
the Bankruptcy Code. It is past time for Congress to act to restore 
this basic safety net for America's family farmers.
  Unfortunately, too many family farmers have been left in legal limbo 
in bankruptcy courts across the country since Chapter 12 of the 
Bankruptcy Code expired on October 1, 2001. Since last November, 
Senator Carnahan and I have tried to pass S. 1630, a Carnahan-Grassley 
bipartisan bill to retroactively restore chapter 12. The Senate 
Judiciary Committee unanimously reported the bill to the Senate on 
November 8, 2001, but it has been subject to a secret hold by the 
minority for the last six months.
  This is the third time in the last year that this Congress must act 
to retroactively restore 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 into last year, 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. The current lapse of 
chapter 12 has lasted more than 6 months. Enough is enough.
  Our family farmers do not deserve these lapses in bankruptcy law that 
could mean the difference between foreclosure and farming. It is time 
for

[[Page 5468]]

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 support Senator Carnahan's bipartisan amendment to make 
chapter 12 a permanent part of the Bankruptcy Code that is part of the 
Senate-passed farm bill. The Senate unanimously approved the Carnahan 
amendment by a 93-0 vote. Unfortunately, the House majority is 
objecting to including the Carnahan amendment in the farm bill 
conference report.
  In the current bankruptcy reform conference, I am hopeful Congress 
will update and expand the coverage of chapter 12. In the meantime, the 
farm bill conference should make permanent basic bankruptcy protection 
for our family farmers across the country by adopting the Carnahan 
amendment.
  I commend Senator Carnahan for her continued leadership in protecting 
family farms across the country.
  Mr. REID. 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 that any statements related thereto be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 4167) was read the third time and passed.

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