Providing For Consideration of S. 1920 Bankruptcy Abuse Prevention And Consumer Protection Act of 2003
PROVIDING FOR CONSIDERATION OF S. 1920, BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2003 -- (House of Representatives - January 28, 2004)
Mr. SESSIONS. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 503 and ask for its immediate consideration.
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Ms. BALDWIN. Mr. Speaker, I thank the gentleman for yielding me this time, and I rise today to oppose the rule.
I strongly oppose this rule because it would delay the renewal of Chapter 12 family farm bankruptcy protection that is needed desperately by our family farmers. We should not be amending this bill and sending it back to the other body for more debate. This House should take up the 6-month extension bill, pass it without amendment, and send it to the President immediately. Chapter 12 farm bankruptcy protection expired on December 31, 2003. There is no good excuse for additional delay of Chapter 12 extension.
The Committee on the Judiciary chairman, the House leadership and the financial services industry have proposed under this rule that we gut this noncontroversial 6-month extension bill before us to try to force a conference committee on the massive bankruptcy overhaul bill. Groups representing family farmers are opposed to this parliamentary maneuver that will delay the extension of Chapter 12 protection.
On January 23, the National Farmers Union wrote to Speaker Hastert and Minority Leader Pelosi that "We reject this legislative strategy as an insensitive, cruel and malicious effort that will only serve to increase the level of distress of farm families who are already experiencing severe financial difficulties." The National Family Farm Coalition and Farm Aid have also sent letters urging immediate action to extend Chapter 12 and opposing sending this legislation back to the other body.
Mr. Speaker, the bankruptcy overhaul bill that this rule moves forward is bad for several reasons. Among them is an attempt in this bill to shield people convicted of crimes against women and abortion clinics from fines and damages. Too often, I am sorry to say, criminals who commit these acts of violence have been able to avoid monetary penalties by declaring bankruptcy. Our bankruptcy laws should not be used and manipulated by criminals to avoid their punishment.
Again, the base bill, Senate 1920, could be on the President's desk by the end of this day. It is noncontroversial. Our body has passed this bill unanimously in previous sessions. We are not accomplishing anything by the parliamentary maneuvers that we are engaged in today.
Since I have been in Congress, the family farm protections in the Bankruptcy Code have expired six times, and we have acted to extend these provisions eight times. We should stop using family farmers as leverage to pass larger bankruptcy protections. I know these families; I represent many of them. I hear their struggles, I hear their stories. Let us act today to extend family farmer bankruptcy protection.
I do want to thank the Committee on Rules and the chairman of that committee, the gentleman from California (Mr. Dreier), for making my substitute amendment in order. However, our farmers need immediate relief, and the only way to achieve that goal expeditiously is to defeat the rule and to take up Senate bill 1920 immediately.
Mr. Speaker, I submit for the RECORD letters from the National Farmers Union, the National Family Farm Coalition and Farm Aid.
FARM AID,
Somerville, MA, January 27, 2004.
Hon. JAMES SENSENBRENNER, Jr.,
Chair, House Judiciary Committee, House of Representatives, Washington, DC.
DEAR REPRESENTATIVE SENSENBRENNER: I am writing to urgently ask you to take action this week to reinstate Chapter 12 Bankruptcy provisions for our nation's family farmers. Since the expiration of Chapter 12 on December 31, 2003, thousands of America's family farmers facing serious financial problems have not been able to consider filing a Chapter 12 bankruptcy.
Farm Aid operates a national family farmer hotline. Every day, we receive desperate calls from farm families facing financial crisis. The stresses these families are under could and should be alleviated immediately by reinstating Chapter 12.
The reasons for the creation of a separate bankruptcy code that enable farmers to stay on the land while reorganizing their farm operation is as urgent now as it was in 1986 when first created by Congress. This lapse in coverage directly results in farmers having to face foreclosure and liquidation instead of seeking a reasonable negotiation with their creditors that works for farm families, their creditors and businesses in their rural community.
I urge you to pass this six-month extension so that the livelihoods of thousands of family farmers are not linked to the cumbersome and controversial overall bankruptcy reform bill. When Congress passed the last extension in July 2003, the vote was 397-3. Every day of delay by Congress has a direct cost to our nation's family farmers. The immediate reinstatement of Chapter 12 bankruptcy will restore an important option for family farmers facing economic crisis.
On behalf of America's family farmers, I thank you.
Sincerely,
Mark Smith,
Campaign Director.
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NATIONAL FAMILY FARM COALITION,
Washington, DC, January 26, 2004.
Hon. JAMES SENSENBRENNER, Jr.,
Chair, House Judiciary Committee, House of Representatives, Washington, DC
DEAR REPRESENTATIVE SENSENBRENNER: The National Family Farm Coalition representing family farmers and rural residents across the country urges you to take action this week to immediately reinstate Chapter 12 Bankruptcy provisions for our nation's family farmers. Since January 1, 2004 farmers facing serious financial problems resulting from record low commodity prices and serious drought conditions have not been able to consider filing a Chapter 12 bankruptcy.
The reasons for the creation of a separate bankruptcy code that enable farmers to stay on the land while reorganizing is as urgent now as it was in 1986 when first created by Congress. This lapse in coverage directly results in farmers having to face foreclosure and liquidation instead of seeking a reasonable negotiation with their creditors that works for farm families, their creditors and businesses in their rural community.
We urge you to pass this six month extension and not hold family farmers hostage to the highly controversial overall bankruptcy reform bill. When Congress passed the last extension in the July 2003, the vote was 397-3. Every day of delay by Congress has a direct cost to our nation's family farmers. We urge immediate reinstatement of Chapter 12 bankruptcy restoring an important option for family farmers facing economic crisis.
On behalf of family farmers we thank you.
Sincerely,
George Naylor,
Iowa farmer and President, NFFC.
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NATIONAL FARMERS UNION,
Washington, DC, January 23, 2004.
Hon. DENNIS J. HASTERT,
Speaker, House of Representatives, Washington, DC.
Hon. NANCY PELOSI,
Democratic Leader, House of Representatives, Washington, DC.
DEAR SPEAKER HASTERT AND DEMOCRATIC LEADER PELOSI: On behalf of the family farmer and rancher members of the National Farmers Union I write to encourage the House of Representatives to immediately adopt the language contained in S. 1920 which passed the Senate late last year and extended the chapter 12 provisions of title 11 of the United States Code for an additional six months retroactive to January 1, 2004.
The Chapter 12 provisions, which allow the development of alternative financial reorganization plans for farmers and ranchers within the bankruptcy code, expired at the end of 2003 when the House failed to take action on the Senate bill even though these provisions have been considered non-controversial by both parties over the course of several years. Any delay in approving an extension of Chapter 12 places agricultural producers and their families who are faced with bankruptcy in a serious and untenable position.
We understand there are some in Congress who wish to utilize the extension of the agriculture provisions as a means to leverage support for a broader bankruptcy reform measure that contains highly controversial and divisive provisions unrelated to the farm bankruptcy law. We reject this legislative strategy as an insensitive, cruel and malicious effort that will only serve to increase the level of distress of farm families who are already experiencing severe financial difficulties.
Thank you for your attention to this important issue.
Sincerely,
David J. Frederickson,
President.