[House Report 109-43]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-43

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PROVIDING FOR CONSIDERATION OF S. 256, BANKRUPTCY ABUSE PREVENTION AND 
                    CONSUMER PROTECTION ACT OF 2005

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   April 13, 2005.--Referred to the House Calendar and ordered to be 
                                printed

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   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 211]

    The Committee on Rules, having had under consideration 
House Resolution 211, by a record vote of 7 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of S. 256, 
the Bankruptcy Abuse Prevention and Consumer Protection Act of 
2005, under a closed rule. The rule provides one hour of debate 
in the House equally divided and controlled by the chairman and 
ranking minority member of the Committee on the Judiciary. The 
rule waives all points of order against the bill and its 
consideration. Finally, the rule provides one motion to 
recommit.

           EXPLANATION OF WAIVERS PROVIDED BY THE RESOLUTION

    The waiver of all points of order against consideration of 
the bill is needed because under the budget resolution now in 
force, enacting this bill will violate sections 302(f), 303, 
and 311 of the Budget Act. The bill violates 302(f) because its 
direct spending will exceed, by $6 million over 5 years, the 
Committee on the Judiciary's allocation. It will violate 
section 303 because its revenue loss first becomes effective in 
2006, a year for which a final budget resolution has not yet 
been adopted. It will violate section 311 because the revenue 
loss allowed under the budget resolution now in force already 
has been exceeded. The bill would not, however, violate H. Con. 
Res. 95, the House-passed budget resolution for fiscal year 
2006. Under that resolution, the Judiciary Committee has 
sufficient room in its allocation to accommodate the spending 
in this measure. A conference report on H. Con. Res. 95 has not 
yet been adopted.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee Record Vote No. 18

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To report an open rule.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 19

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Emanuel, 
which limits the asset protection trust exemption to $125,000 
annually over a ten-year period.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 20

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mrs. 
Slaughter, which requires credit card companies to determine 
whether a student applicant has the financial means to pay off 
a credit card balance before they are approved. Restricts the 
credit limit to minimum balances if the student has no 
independent income, and requires parental approval for credit 
limit increases in the event that a parent cosigns the account.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 21

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Delahunt, 
which requires debtor corporations to file for bankruptcy where 
their principal place of business is located.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 22

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Meehan, 
which provides a homestead exemption of $150,000 for medically 
distressed debtors, who are defined as a debtor whose medical 
expenses (or medical expenses of a member of the household) 
exceeded 50% of the household income, or a debtor who is a 
member of a household that lost all or substantially all of one 
member's employment or business income for 4 or more weeks due 
to a medical problem.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 23

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Scott of 
Virginia, which ensures that individuals are afforded the 
protection of Chapter 7 bankruptcy and are exempt from 
dismissal or conversion if a substantial portion of the 
indebtedness: (1) is due to business losses incurred by a 
spouse who has died or deserted the debtor; (2) was incurred as 
a result of illness of the debtor, a dependent of the debtor, 
or the debtor's spouse if not a dependant of the debtor; or (3) 
was a result of the unforeseen loss of employment through no 
fault of the debtor.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 24

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Meehan, 
which exempts from the means test disabled veterans whose 
indebtedness occurred primarily as a result of an injury or 
disability resulting from active duty or homeland defense 
activities. Exempts disabled veterans whose indebtedness occurs 
after active duty. Currently the bill only exempts disabled 
veterans whose indebtedness occurs primarily while on active 
duty.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 25

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Ms. Woolsey, 
which allows servicemen returning from combat areas to enroll, 
free of charge, in the credit counseling classes that are 
required by the bill before a person can enter into bankruptcy.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 26

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mr. Hastings of Florida. 
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Watt, 
which expands the current allowable expenses under the means 
test for school expenses for minor children (up to $1,500 per 
child annually), to include actual  post-secondary education 
expenses of dependent children.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 27

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Hastings 
of Florida, which requires credit card companies to preserve a 
customers' interest rate prior to incurring medical expenses, 
in the case of a customer being unable to pay off the full 
medical expenses on time. Prohibits hospitals from reporting 
delinquent patients for five years, provided that the patient 
is repaying 20% of his or her monthly mandated medical 
expenses.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 28

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Ms. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mrs. Maloney, 
which requires that child support and alimony post-petition 
payments be made before payments on other debts, including 
credit card debt.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay; Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 29

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Ms. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Ms. Lofgren, 
which exempts a debtor from the means test if, in any 
consecutive 12-month period during the 3 years preceding the 
bankruptcy petition, the debtor: (1) had uncovered medical 
expenses that exceeded 50% of the debtor's household income; 
(2) was a member of a household in which at least one person 
lost all of their income for 4 or more weeks due to a medical 
problem; or (3) was a member of a household in which at least 
one person lost all of their alimony or child support income 
for 4 or more weeks due to a medical problem.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay;  Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 30

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Ms. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Schiff, 
which provides that if at least 51% of the creditor claims 
against an individual in a bankruptcy proceeding are a result 
of identity theft, a court shall not presume that abuse exists 
and thereby prevent that individual from filing under chapter 
7.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Sessions--Nay;  Putnam--
Nay; Capito--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 31

    Date: April 13, 2005.
    Measure: S. 256, Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005.
    Motion by: Mr. Putnam.
    Summary of motion: To report the resolution.
    Results: Agreed to 7 to 4.
    Vote by Members: Diaz-Balart--Yea; Sessions--Yea;  Putnam--
Yea; Capito--Yea; Bishop--Yea; Gingrey--Yea; Slaughter--Nay; 
McGovern--Nay; Hastings (FL)--Nay; Matsui--Nay; Dreier--Yea.

                                  
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