Congressional Record, House, March 16, 2021, Page H1389
Summary
A page of the Congressional Record, House, dated March 16, 2021, at page H1389, with suspension debate on three bills. Mr. Nadler and Mr. Issa debate H.R. 1651, the COVID–19 Bankruptcy Relief Extension Act of 2021, whose text would extend certain CARES Act bankruptcy provisions from 1 year to 2 years and extend related bankruptcy relief. Mr. Issa says the Small Business Reorganization Act has been a success, with 80 percent of small business debtors choosing subchapter V. Ms. Moore of Wisconsin speaks in support of the CAPTA reauthorization, and the text of a bill on the Crime Victims Fund is printed, after which Mrs. Greene of Georgia demands the yeas and nays.
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“Congressional Record, House, March 16, 2021, Page H1389.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-16-crec-2021-03-16-pt1-pgh1389-abae04db30/
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March 16, 2021 CONGRESSIONAL RECORD — HOUSE H1389
Madam Speaker, I urge my col- SEC. 2. EXTENSIONS. seized by creditors. They also help peo-
leagues to support the legislation, and (a) IN GENERAL.—Section 1113 of the ple stay in their homes and ensure that
I yield back the balance of my time. CARES Act (Public Law 116–136) is amend- their utilities are not shut off.
ed—
Ms. MOORE of Wisconsin. Madam Speak- In addition, these provisions protect
(1) in subsection (a)(5) (11 U.S.C. 1182 note),
er, I am pleased to rise today in strong sup- by striking ‘‘1 year’’ and inserting ‘‘2 years’’; individuals and creditors alike from
port of the CAPTA reauthorization measure and the effects of the pandemic derailing
that is before the House today. (2) in subsection (b)(2)(B) (11 U.S.C. 101 the court-ordered repayment plans
I want to thank Chairman SCOTT and Rank- note), by striking ‘‘1 year’’ and inserting ‘‘2 that promise a way out of chapter 13
ing Member FOXX for their leadership and for years’’. bankruptcy.
the bipartisan work on this legislation that has (b) MODIFICATION OF PLAN AFTER CON- They will also allow more small busi-
FIRMATION.—
brought us to this point. nesses to take advantage of the
(1) Section 1329(d)(1) of title 11, United
This measure provides an overdue but crit- States Code, is amended, in the matter pre-
streamlined process established by the
ical reauthorization of programs authorized ceding subparagraph (A), by striking ‘‘this Small Business Reorganization Act.
under the Child Abuse Prevention and Treat- subsection’’ and inserting ‘‘the COVID–19 Extending these necessary protec-
ment Act (CAPTA). These changes would, Bankruptcy Relief Extension Act of 2021’’. tions until March of next year will pro-
among others, address child abuse and ne- (2) Section 1113(b)(1)(D)(ii) of the CARES vide much-needed certainty that the
glect related to families impacted by sub- Act (11 U.S.C. 1329 note) is amended by strik- bankruptcy system will remain respon-
stance use disorders, racial bias in the child ing ‘‘this Act’’ and inserting ‘‘the COVID–19 sive to debtors and creditors alike dur-
Bankruptcy Relief Extension Act of 2021’’. ing this extraordinarily disruptive cri-
protective services system, and improving ef-
(c) BANKRUPTCY RELIEF.—Section 1001 of
forts to combat child sexual abuse. division FF of the Consolidated Appropria-
sis.
The bill also contains language based on tions Act, 2021 (Public Law 116–260) is amend- I thank Mr. CLINE for his work with
my Family Poverty is Not Child Neglect Act, ed by striking ‘‘the date that is 1 year after me on this bill, and for his work to en-
which aims to stop families from being ripped the date of enactment of this Act’’ each sure that small businesses have mean-
apart not because of neglect or abuse, but for place the term appears and inserting ‘‘March ingful access to the bankruptcy proc-
issues rooted in poverty. In these situations, 27, 2022’’. ess.
services to help families and support them and SEC. 3. DETERMINATION OF BUDGETARY EF- Madam Speaker, I urge my col-
FECTS. leagues to support this urgently needed
their children are a much better approach than
The budgetary effects of this Act, for the bill, and I reserve the balance of my
family separation. purpose of complying with the Statutory
I appreciate the support from the chairman Pay-As-You-Go Act of 2010, shall be deter-
time.
and bipartisan support and efforts of Rep. mined by reference to the latest statement Mr. ISSA. Madam Speaker, I yield
SUSIE LEE and Rep. BOB GOOD to ensure this titled ‘‘Budgetary Effects of PAYGO Legisla- myself such time as I may consume.
language was included in the bill. tion’’ for this Act, submitted for printing in Madam Speaker, this pandemic, ev-
I also worked with Rep. JOSEPH MORELLE the Congressional Record by the Chairman of eryone knows, has uprooted lives and
and Rep. VAN TAYLOR to include the Study the House Budget Committee, provided that caused untold destruction to families,
and Report on Marital Age of Consent exam- such statement has been submitted prior to to workers, and to small businesses.
the vote on passage. And many see the partisan behavior as
ining the prevalence of forced child marriages
in the United States and their impact on chil- The SPEAKER pro tempore. Pursu- destructive during this time, and they
dren’s safety and well-being. ant to the rule, the gentleman from often do not see the bipartisan behav-
I am pleased that we are taking steps to re- New York (Mr. NADLER) and the gen- ior.
fresh and strengthen our efforts, with states tleman from California (Mr. ISSA) each Today’s extension, H.R. 1651, is an ex-
and local authorities, to protect our children. I will control 20 minutes. ample of bipartisan behavior on behalf
urge my colleagues to vote yes. The Chair recognizes the gentleman of the American people. Repeated and
The SPEAKER pro tempore. The from New York. lengthy government shutdowns in re-
question is on the motion offered by GENERAL LEAVE sponse to the pandemic have dev-
the gentleman from Virginia (Mr. Mr. NADLER. Madam Speaker, I ask astated the ability of millions to work,
SCOTT) that the House suspend the unanimous consent that all Members pay bills, and support their families,
rules and pass the bill, H.R. 485. have 5 legislative days in which to re- and keep their small businesses afloat.
The question was taken; and the vise and extend their remarks and to In my home State of California, the
Speaker pro tempore announced that include extraneous material on H.R. restaurant industry has seen more than
the ayes appeared to have it. 1651. one out of four restaurants shutter
Mrs. GREENE of Georgia. Madam The SPEAKER pro tempore. Is there their doors forever.
Speaker, on that I demand the yeas objection to the request of the gen- In 2020, Congress passed five bipar-
and nays. tleman from New York? tisan COVID relief packages. The
The SPEAKER pro tempore. Pursu- There was no objection. CARES Act allowed a variety of tem-
ant to section 3(s) of House Resolution Mr. NADLER. Madam Speaker, I porary relief measures for families and
8, the yeas and nays are ordered. yield myself such time as I may con- small businesses. When it was passed,
Pursuant to clause 8 of rule XX, fur- sume. we believed that, in fact, once the vac-
ther proceedings on this question are Madam Speaker, H.R. 1651, the cine was available, that we would be
postponed. COVID–19 Bankruptcy Relief Extension able to put this behind us. But today,
f
Act of 2021, is bipartisan legislation to when over 10 percent of Americans
temporarily extend, until March 27, have received a vaccine, we now know
COVID–19 BANKRUPTCY RELIEF 2022, the COVID–19 bankruptcy relief that the road to full recovery is longer
EXTENSION ACT OF 2021 provisions enacted as part of the ahead of us even after we begin going
Mr. NADLER. Madam Speaker, I CARES Act in the December 2020 omni- to work.
move to suspend the rules and pass the bus appropriations bill. So allowing small businesses to file
bill (H.R. 1651) to amend the CARES Since the bankruptcy provisions of chapter 11 bankruptcy by increasing
Act to extend the sunset for the defini- the CARES Act will expire next week, the maximum debt ceiling, excluding
tion of a small business debtor, and for it is urgent for Congress to ensure that Federal COVID relief payments from
other purposes, as amended. families and small businesses do not income calculations, and allowing
The Clerk read the title of the bill. lose access to these economic lifelines. debtors to file chapter 13 to modify
The text of the bill is as follows: These provisions were enacted last their payment plans are only some of
H.R. 1651 year to provide critical relief to fami- the critical items that the CARES Act
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Be it enacted by the Senate and House of Rep- lies and small businesses forced into did. Today we are making sure these
resentatives of the United States of America in bankruptcy because of the ongoing will continue until March of 2022.
Congress assembled, pandemic. For example, they help en- This bill also extends through 2022
SECTION 1. SHORT TITLE. sure that Federal COVID-related relief bankruptcy relief provisions included
This Act may be cited as the ‘‘COVID–19 payments are used by families to get in the December 2020 COVID relief
Bankruptcy Relief Extension Act of 2021’’. through this pandemic instead of being package. This extension will provide
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H1390 CONGRESSIONAL RECORD — HOUSE March 16, 2021
individuals and businesses with cer- as of September 30, 2020, there were 759 the gentleman from New York (Mr.
tainty and simplicity as they look at subchapter V cases filed in the 6 NADLER) that the House suspend the
an economic recovery that, although it months from the time the debt limit rules and pass the bill, H.R. 1651, as
is underway, may be long. was raised to the end of fiscal year amended.
Enacting this bill will assist debtors 2020, with information on liabilities The question was taken.
and businesses of all sorts, as Ameri- available for 548 of these cases. Of The SPEAKER pro tempore. In the
cans and their firms continue to ad- those, 28 percent involved debtors opinion of the Chair, two-thirds being
dress economic realities. This bill is bi- whose liabilities exceeded the original in the affirmative, the ayes have it.
partisan, and the bill recognizes that limit of $2.7 million. These debtors Mrs. GREENE of Georgia. Madam
even businesses which have remained would not have been eligible for sub- Speaker, on that I demand the yeas
up and running often find themselves chapter V without the temporary in- and nays.
in a ripple effect of other bankruptcies crease provided by the CARES Act. The SPEAKER pro tempore. Pursu-
or failures by companies that have Without this bill to keep the debt ant to section 3(s) of House Resolution
been shut down. limit at $7.5 million for another year 8, the yeas and nays are ordered.
Madam Speaker, I strongly rec- while we continue to navigate this pan- Pursuant to clause 8 of rule XX, fur-
ommend the passage of this bill, and I demic, about 30 percent of businesses ther proceedings on this motion are
reserve the balance of my time. that would choose to use it would no postponed.
Mr. NADLER. Madam Speaker, I re- longer be eligible. f
serve the balance of my time. Preservation of the business benefits
Mr. ISSA. Madam Speaker, I yield 3 both the creditor, which should receive VOCA FIX TO SUSTAIN THE CRIME
minutes to the gentleman from Vir- a higher recovery because of the debt- VICTIMS FUND ACT OF 2021
ginia (Mr. CLINE), one of the coauthors or’s restructuring than they would if Mr. NADLER. Madam Speaker, I
of this bill. the business liquidated, and the debtor, move to suspend the rules and pass the
Mr. CLINE. Madam Speaker, I thank who will now be able to remain in busi- bill (H.R. 1652) to deposit certain funds
the gentleman from California, my ness rather than liquidating. into the Crime Victims Fund, to waive
friend, for his work on this issue, and I Our districts depend on their small matching requirements, and for other
thank the chairman for his work on businesses. They are hotels, conven- purposes, as amended.
this issue and their great leadership on ience stores, restaurants, and phar- The Clerk read the title of the bill.
this important initiative. macies. Those who endeavor to open The text of the bill is as follows:
Madam Speaker, in 2010, the National and run a small business are proud of H.R. 1652
Bankruptcy Conference Small Business their work and their standing in our
Working Group released and presented Be it enacted by the Senate and House of Rep-
communities.
resentatives of the United States of America in
to Congress a report that identified a Unfortunately, they also take on a
Congress assembled,
problem regarding small businesses and sometimes-insurmountable financial
SECTION 1. SHORT TITLE.
the bankruptcy law, and recommended burden. As we have seen over the last
This Act may be cited as the ‘‘VOCA Fix to
amendments to the code to add a new year, when they are forced to close, it Sustain the Crime Victims Fund Act of
chapter for small business reorganiza- has a great impact on the rest of us. 2021’’.
tions. That is why the year-end spending and SEC. 2. COMPREHENSIVE FIX OF CRIME VICTIMS
As a result of this recommendation, I relief package omitted recovery rebate FUND AND COMPENSATION.
introduced the Small Business Reorga- payments from bankruptcy estates and (a) CRIME VICTIMS FUND.—Section 1402 of
nization Act, which was signed into blocked utilities from stopping or de- the Victims of Crime Act of 1984 (34 U.S.C.
law in August of 2019, and I am pleased nying service to some individuals in 20101) is amended—
to say it has been a great success for bankruptcy. This bill would extend (1) in subsection (b)—
those provisions by 3 months but (A) in paragraph (4), by striking ‘‘; and’’
small businesses.
and inserting a semicolon;
It is my understanding that 80 per- wouldn’t affect other provisions in that (B) in paragraph (5)(B), by striking the pe-
cent of small business debtors have law that are already scheduled to ex- riod at the end and inserting ‘‘; and’’; and
chosen to proceed under subchapter V, pire later in 2022. (C) by adding at the end the following new
and preliminary data indicates that I am proud to have introduced this paragraph:
these cases are achieving confirmation legislation along with Chairman NAD- ‘‘(6) any funds that would otherwise be de-
far more often than small businesses LER to support our small businesses posited in the general fund of the Treasury
who filed prior to SBRA. and our families, and I urge its pas- collected pursuant to—
However, the Small Business Reorga- sage. ‘‘(A) a deferred prosecution agreement; or
nization Act implemented only a Mr. NADLER. Madam Speaker, I ‘‘(B) a non-prosecution agreement.’’; and
(2) in subsection (e), by striking ‘‘Director’’
month before the COVID–19 pandemic have no further speakers.
and inserting ‘‘Director, except that renew-
caused the State-mandated temporary Mr. ISSA. Madam Speaker, both
als and extensions beyond that period may
closure of thousands of businesses. sides of the aisle are united behind this be granted at the discretion of the Attorney
good, sensible extension of law.
b 1615 Madam Speaker, I strongly rec-
General’’.
(b) CRIME VICTIM COMPENSATION.—Section
Seeing the need to ensure that this ommend that all of our Members vote 1403 of the Victims of Crime Act of 1984 (34
new lifeline would be even more for it, and I yield back the balance of U.S.C. 20102) is amended—
impactful, the CARES Act passed in my time. (1) in subsection (a)—
March 2020 increased the amount of Mr. NADLER. Madam Speaker, this (A) in paragraph (1), by striking ‘‘40 per-
debt a business can have to be eligible bill will provide critical relief to the cent in fiscal year 2002 and of 60 percent in
for small business bankruptcy proce- small businesses and families forced subsequent fiscal years’’ and inserting ‘‘75
percent’’;
dures from $2.7 million to $7.5 million into bankruptcy because of the ongoing (B) in paragraph (2), by striking ‘‘of 40 per-
and allowed debtors experiencing hard- pandemic. These provisions help make cent in fiscal year 2002 and of 60 percent in
ship because of COVID–19 to modify sure that the pandemic does not derail subsequent fiscal years’’;
bankruptcy reorganization plans en- the path to a fresh start that the bank- (C) by redesignating paragraph (3) as para-
tered into before the law was enacted. ruptcy code promises for individuals graph (4); and
I have heard from bankruptcy judges and businesses alike. (D) by inserting after paragraph (2) the fol-
and lawyers in the Western District of As Mr. ISSA said, this is bipartisan lowing new paragraph:
Virginia who have said that their expe- legislation. I am aware of no opposition ‘‘(3) For the purposes of calculating
rience with the Small Business Reorga- amounts awarded in the previous fiscal year
to it whatsoever.
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under this subsection, the Director shall not
nization Act has been extremely posi- Madam Speaker, I hope all of my col-
require eligible crime victim compensation
tive. According to the American Bank- leagues will support this urgently programs to deduct recovery costs or collec-
ruptcy Institute, as of last Sunday, needed bill, and I yield back the bal- tions from restitution or from subrogation
1,651 cases have been filed. ance of my time. for payment under a civil lawsuit.’’;
In addition, according to the Federal The SPEAKER pro tempore. The (2) in subsection (b)(2) by striking ‘‘au-
Judicial Center’s Integrated Database, question is on the motion offered by thorities;’’ and inserting ‘‘authorities, except
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