[Congressional Record (Bound Edition), Volume 157 (2011), Part 13]
[Senate]
[Pages 18664-18665]
[From the U.S. Government Publishing Office, www.gpo.gov]




    NATIONAL GUARD AND RESERVISTS DEBT RELIEF EXTENSION ACT OF 2011

  Mr. MERKLEY. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of H.R. 2192, which was received 
from the House and 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. 2192) to exempt for an additional 4-year 
     period, from the application of the means-test presumption of 
     abuse under chapter 7, qualifying members of reserve 
     components of the Armed Forces and members of the National 
     Guard who, after September 11, 2001, are called to active 
     duty or to perform a homeland defense activity for not less 
     than 90 days.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, in 2008, I was proud to join Senator Durbin 
in support of the National Guard and Reservists Debt Relief Act, which 
President Bush signed into law. This last week I have been able to 
arrange on behalf of the Senate Judiciary Committee for expedited 
action on the bill's extension, and that the Senate is passing 
unanimously. I commend Chairman Lamar Smith and the House Judiciary 
Committee for moving this legislation, and Representative Cohen, the 
bill's author, for his leadership and attention to the issue. Without 
this measure, the authority we provided to help our Guard and Reserve 
families would expire. By taking this action we preserve the assistance 
this authority provides.
  It is a privilege to work on behalf of the men and women who serve in 
the Vermont National Guard. They have and continue to make all 
Vermonters proud. I cannot say enough about the men and women who serve 
in the National Guard and Reserve. They and their families deserve the 
full support of Congress for the sacrifices they make. Especially now, 
where multiple conflicts have demanded even more of them, when so many 
have been called into active service, we need to keep them foremost in 
our thoughts.
  Extending the protections of the National Guard and Reservists Debt 
Relief Act for another 4 years is the right thing to do. The bill the 
Senate passes today will exempt qualifying members of the Guard and 
Reserve from the harsh means test imposed in our bankruptcy laws a few 
years ago. As a result of Congress's enactment of a 2005 bankruptcy 
measure, passed at the behest of large banks and credit card companies, 
Americans who must make the difficult decision to seek the protection 
of the bankruptcy court now face onerous requirements to demonstrate 
that they are experiencing sufficient hardship to enter chapter 7 
bankruptcy. Under the National Guard and Reservists Debt Relief 
Extension Act, qualifying members of the Guard and Reserve will be 
protected against the burden of this requirement for another 4 years.
  In my view, no American, particularly in times of such economic 
hardship, should have this burdensome requirement of the so-called 
means test imposed upon them. The bankruptcy system was established to 
protect Americans and give them a fresh start. The 2005 enactment 
turned the law on its head. I opposed this provision in the Senate in 
2005, and continue to have serious misgivings about a policy that 
presumes that Americans facing extreme financial hardships are abusing 
the bankruptcy process.
  Passage of the National Guard and Reservists Debt Relief Extension 
Act is a step forward toward correcting our current policy.
  I also note that passage of this legislation is another example of 
the good cooperation that exists between the Senate and House Judiciary 
Committees operating across the aisle and across the Capitol. Last 
night, the Senate passed H.R. 394, the Federal Courts Jurisdiction and 
Venue Clarification Act, a bill sponsored by Chairman Smith to bring 
clarity to the operation of Federal jurisdictional and venue statutes, 
thereby helping to reduce wasteful litigation over these issues. This 
bipartisan bill was cosponsored in the House by Representatives by 
Howard Coble, ranking member John Conyers, Jr., and Hank Johnson of 
Georgia. Companion legislation was introduced in the Senate by Senator 
Klobuchar, who chairs the Senate Judiciary Committee's Subcommittee on 
Administrative Oversight and the Courts, and was cosponsored by Senator 
Sessions, the ranking member on the subcommittee.
  These two bills are just the most recent examples of legislation I 
have worked with Chairman Smith to enact. Of course, we worked together 
to enact the Leahy-Smith America Invents Act to revitalize our patent 
laws. We worked together on authorizing the extension of the term of 
FBI Director Mueller, which required a statutory exception, and on 
reauthorizing the USA PATRIOT Act.
  Other examples include H.R. 368, Representative Hank Johnson's bill 
to clarify removal provisions for matters filed in State courts against 
Federal agencies and officers; H.R. 398, Representative Lofgren's bill 
to toll certain time periods for those in active service to our 
country; S.1637, Senator Klobuchar's bill to clarify how time is 
calculated under the Federal Rules; and H.R. 2944, Chairman Smith's 
bill to extend the authority of the U.S. Parole Commission.
  In addition to these nine measures, we are continuing to work on a 
number of additional bills, including: S. 1639, Senator Tester's bill 
to amend the American Legion charter; and S. 1541, Senator Bennet's 
bill to revise the Blue Star Mothers' charter.
  I look forward to our continued collaborative relationship. Our 
successful efforts across the aisle and across the Capitol show that 
the partisan gridlock that has become all too prevalent these days does 
not govern everywhere.
  Mr. MERKLEY. 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, with no intervening action or debate, and any statements related 
to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 18665]]

  The bill (H.R. 2192) was ordered to a third reading, was read the 
third time, and passed.

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