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Congressional Record—Senate S2462

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Congressional Record—Senate S2462 S2462 CONGRESSIONAL RECORD — SENATE March 10, 2005 judge disregarded the use clause and al- from Chairman SENSENBRENNER right Feingold Lautenberg Rockefeller Feinstein Leahy Salazar lowed a lease sale to go through to a on through the whole Judiciary Com- Frist Levin Santorum non-conforming user. However, in In re mittee and, of course, the leadership Graham Lieberman Sarbanes Trak Auto Corp., 367 F.3d 237 (4th Cir. over in the House as well and others Grassley Lincoln Schumer 2004), an appellate court held that a use who are not on the Judiciary Com- Gregg Lott Sessions Hagel Lugar Shelby clause must be strictly enforced under mittee but are concerned about this Harkin Martinez Smith Section 365(b)(3) on sale of the lease, very important bill. They work closely Hatch McCain Snowe notwithstanding Section 365(f). This with us. It is difficult for them and it Hutchison McConnell Specter Inhofe Mikulski Stabenow legislation provides the necessary clar- is difficult for us, but that is the way Inouye Murkowski Stevens ity by amending Section 365(f)(1) to these two bodies ought to work to- Isakson Murray Sununu help make clear it operates subject to gether, and this bill is a perfect illus- Jeffords Nelson (FL) Talent all provisions of Section 365(b). tration of what can happen if good peo- Johnson Nelson (NE) Thomas Kennedy Obama Thune I note that Section 365(d)(4) of the ple can get together, compromise on Kerry Pryor Vitter Bankruptcy Code applies to cases some of these issues that can be com- Kohl Reed Voinovich under any chapter of Title 11. Lan- promised, and yet stand firmly so we Kyl Reid Warner guage to that effect in the current can pass legislation like this that will Landrieu Roberts Wyden Code’s Section 365(d)(4) is deleted be- benefit the whole country. NOT VOTING—1 cause it is repetitive of Sections 103(a) In my final remarks, let me recognize Clinton and 901 of the Code, which already the efforts of Ed Pagano and Bruce The bill (S. 250), as amended, was make clear that provisions like Sec- Cohen of Senator LEAHY’s office and passed. tion 365(d)(4) apply to all cases under Jim Flug and Jeff Teitz of Senator f Title 11. KENNEDY’s office for all the hard work This bill creates new legal protec- they have done over the years on this BANKRUPTCY ABUSE PREVENTION tions for a large class of retirement issue as well. It is a pleasure to work AND CONSUMER PROTECTION savings in bankruptcy. This measure with staff on the Judiciary Committee. ACT OF 2005—Continued has widespread support from a long list They are bright. They are articulate. AMENDMENT NO. 90 of groups, ranging from the American They are brilliant, as a matter of fact. The PRESIDING OFFICER. There Association of Retired Persons, to the That is what you want in Judiciary will now be 2 minutes of debate, equal- Small Business Council of America and Committee staffers. I wish those on the ly divided, on the Feingold amendment the National Council on Teacher Re- minority side would not be nearly as No. 90. tirement. tough as they are, but I respect them Mr. FRIST. Mr. President, for the in- Let me take this opportunity to for being that way. formation of my colleagues, in con- point out that the assets of some pen- With that, I suggest the absence of a sultation with the Democratic leader, sion plans already are protected from quorum. we would like to have all of the re- bankruptcy proceedings. The United The PRESIDING OFFICER. The maining votes be 10-minute votes. We States Supreme Court has ruled in Pat- clerk will call the roll. are going to be enforcing it strictly, so terson v. Shumate, reported at 504 U.S. The assistant legislative clerk pro- we have a reason to keep moving along. 753 (1992), that assets of pension plans ceeded to call the roll. We ask that everybody, once we start which have, and are required by law to Mr. HATCH. Mr. President, I ask voting shortly, stay in the Chamber have, anti-alienation provisions, are unanimous consent that the order for and continue to vote. We will have 10- excluded from bankruptcy estates. the quorum call be dispensed with. minute votes for the remainder of the Let me be absolutely clear that this The PRESIDING OFFICER. Without evening. provision is not intended in any way to objection, it is so ordered. The PRESIDING OFFICER. The Sen- diminish the protections offered under ator from Wisconsin is recognized. existing law and under the United f Mr. FEINGOLD. Mr. President, if we States Supreme Court’s decision in have a brief quorum call, I believe we Patterson v. Shumate, but rather, is CARL D. PERKINS CAREER AND may be able to eliminate the need for intended to provide protection to other TECHNICAL EDUCATION IM- some of the votes. retirement plans and accounts not cur- PROVEMENT ACT OF 2005—Contin- Mr. FRIST. Mr. President, I suggest rently protected. ued the absence of a quorum. Mr. President, this has been a battle, The PRESIDING OFFICER. Under The PRESIDING OFFICER. The there is no question about it, like all the previous order, the question is, clerk will call the roll. hotly contested issues are. But I think Shall the bill pass? The yeas and nays The legislative clerk proceeded to virtually everybody has contributed, have been ordered, and the clerk will call the roll. and we have had some tough times on call the roll. Mr. FEINGOLD. Mr. President, I ask the floor. We have had even some bad The assistant legislative clerk called unanimous consent the order for the feelings from time to time. But we the roll. quorum call be rescinded. have been at this for 8 solid, difficult Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without years. It is unfortunate we could not Senator from New York (Mrs. CLINTON) objection, it is so ordered. work out more amendments, also, but is necessarily absent. The Senator is recognized. we couldn’t and still have this bill The PRESIDING OFFICER. (Mr. Mr. FEINGOLD. Mr. President, I ap- pass, hopefully for the last time. We VITTER). Are there any other Senators preciate the fact that we have had worked in good faith to try to do that. in the Chamber desiring to vote? some opportunity to make a few mod- For those who feel they have not The result was announced—yeas 99, est modifications at the end of this been treated as fairly as I would cer- nays 0, as follows: process. Obviously, I hoped for more, but I do thank the Senator from Utah, tainly have wanted to treat them or I [Rollcall Vote No. 43 Leg.] feel I have treated them and others as Mr. HATCH, the Senator from Alabama, YEAS—99 well have treated them, we feel bad Mr. SESSIONS, the Senator from Iowa, about that and hope they will forgive Akaka Burns Corzine Mr. GRASSLEY, and the Senator from Alexander Burr Craig us for not being able to make some of Allard Byrd Crapo Pennsylvania, Senator SPECTER, who the changes that perhaps we would Allen Cantwell Dayton are working on a number of changes have made had this been the first year Baucus Carper DeMint and accepting a couple of amendments Bayh Chafee DeWine of this bill and we didn’t have the dif- Bennett Chambliss Dodd so we can move this process through. ficulty of meeting the suggestions of Biden Coburn Dole The result will be that the next five our friends over in the other body. Bingaman Cochran Domenici votes on my amendments will not be We think they have done a terrific Bond Coleman Dorgan necessary, if this agreement is made. Boxer Collins Durbin job. The people in the House of Rep- Brownback Conrad Ensign So I hope that causes the unanimous resentatives are tremendous leaders, Bunning Cornyn Enzi consent agreement to go through. VerDate Aug 04 2004 05:03 Mar 11, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.084 S10PT1 March 10, 2005 CONGRESSIONAL RECORD — SENATE S2463 AMENDMENTS NOS. 90, 93, 95, AND 96 WITHDRAWN it is all right with the Republican lead- port of the National Child Support En- AMENDMENT NO. 92, AS MODIFIED er. I have no amendment relating to forcement Association, which rep- AMENDMENT NO. 87, AS MODIFIED the bill. I would like to proceed as if in resents over 60.000 child support profes- I ask unanimous consent that my morning business until anyone has an sionals. amendments No. 90, No. 93, No. 95, and opportunity to move on the bill, and I It has earned the support of the Na- No. 96 be withdrawn; that my amend- will cease and desist at that moment. tional Association of Attorneys Gen- ment No. 92, as modified and as at the The PRESIDING OFFICER. Is there eral, which has sent a letter of support desk, be adopted; and that a modifica- objection? Without objection, it is so personally signed by twenty-seven tion of my amendment No. 87 which ordered. State attorneys general. was agreed to last night be accepted as (The remarks of Mr. BIDEN are print- Over the years, the child support pro- well. ed in today’s RECORD under ‘‘Morning tections in this legislation were en- The PRESIDING OFFICER. Is there Business.’’) dorsed by the Attorney General of the objection? Without objection, it is so (The remarks of Mr.
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