Bankruptcy reform legislation (S. 420) received Senate approval, 83-15, on March 15. The vote followed several days of debate that began the previous week (see The Source, 3/9/01, p. 3). The only Republicans voting against the measure were Sens. Kay Bailey Hutchison (R-TX) and Sam Brownback (R-KS).
The Senate voted, 80-19, on March 14 to invoke cloture and bring the bill to a final vote. A conference will be necessary, as the Senate and House bankruptcy bills differ in several respects.
The House approved its version of the measure (H.R. 333) on March 1. Although both chambers approved a bankruptcy reform conference report (H.R. 2415) during the 106th Congress, that measure was pocket-vetoed by President Clinton last December (see The Source, 12/8/01, p. 1). Efforts to complete bankruptcy reform legislation in the 105th Congress also were unsuccessful (see The Source, 11/19/99, p. 4).
Both S. 420 and H.R. 333 were drafted to reflect last year’s pocket-vetoed conference report. Although the House approved its version with few amendments, the Senate considered a number of amendments and S. 420 carries several provisions not included in H.R. 333.
Floor Debate
On March 13, the Senate rejected two amendments designed to create a “lock box” for the Social Security and Medicare trust funds (see The Source, 3/9/01, p. 3). Consideration of either measure would have required at least 60 votes to waive a point of order on the grounds that such a measure would fall under the jurisdiction of the Budget Committee, which did not review S. 420. A Democratic version of the lock box proposal, sponsored by Sen. Kent Conrad (D-ND), failed when a point of order was sustained 53-47; a point of order was sustained, 52-48, on a Republican version offered by Sen. Jeff Sessions (R-AL).
Other amendments debated by the Senate during the week of March 12 included:
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Some amendments were withdrawn before consideration, including one by Sen. John Breaux (D-LA), which sought to preserve a set of new ergonomics rules for workplaces. A resolution (S. J. Res. 6) to rescind the new regulations, recently put forth by the Occupational Health and Safety Administration (OSHA), was approved by the Senate on March 6 and the House on March 7 (see The Source, 3/9/01, p. 1). Senate Majority Whip Don Nickles (R-OK) announced plans to work toward a compromise, and Sen. Breaux agreed to withdraw the amendment.
Committee Changes
Before reporting the bill for floor consideration, the Senate Judiciary Committee backed several changes not contained in the House bill. Among those changes, the committee approved a compromise amendment to bar those found guilty of threats, violence, harassment or property damage aimed at “anyone who provides or obtains legal services” from filing for bankruptcy to discharge any fines resulting from those convictions.
Originally, Sen. Charles Schumer (D-NY) sought to create the restriction for those convicted under the Freedom of Access to Clinic Entrances Act (P.L. 103-159). However, following negotiations with Committee Chair Orrin Hatch (R-UT), the amendment’s language was broadened. The House bill does not contain a related provision.
By unanimous consent, the Senate committee also approved an amendment by Sen. Patrick Leahy (D-VT) to allow bankruptcy filers to include as reasonable and necessary expenses any funds spent on chronically ill or disabled children and grandchildren who are not their own dependents, as well as an amendment by Sen. Russ Feingold (D-WI) to forestall eviction for single mothers who file for bankruptcy.