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[Page: S3225]  GPO's PDF
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   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 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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