Congressional Record, House, June 7, 2022, Page H5260

Summary

A page of the Congressional Record, House, dated June 7, 2022, at page H5260. A speaker says prime contractors have little economic incentive to follow the subcontracting plans they negotiated themselves, and says H.R. 7694 would amend the Small Business Act so that companies awarded government contracts use small businesses in their subcontracting plans. The speaker cites Statista Research for the figure that more than 65 percent of small businesses had at least a moderately negative impact from the COVID–19 pandemic and says small businesses account for 44 percent of U.S. economic activity. The page also carries the text of S. 3823, a bankruptcy bill that adjusts small business debtor definitions and adjusts thresholds for inflation. The remarks are the speaker's own.

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“Congressional Record, House, June 7, 2022, Page H5260.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-06-07-crec-2022-06-07-pt1-pgh5260-35f46d9456/, SHA-256 1eb447b8d5c082406ec506d572ffe460180b5f0f5c05f98dee2be96e29ca297a.

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H5260 CONGRESSIONAL RECORD — HOUSE June 7, 2022
they have done, to not adhere to those This legislation would amend the Small The Clerk read the title of the bill.
plans, and it hurts the overall small Business Act to ensure that companies award- The text of the bill is as follows:
business community. ed government contracts utilize small busi- S. 3823
Currently, prime contractors have nesses in their subcontracting plans. Be it enacted by the Senate and House of Rep-
very little economic incentive to do H.R. 7694 would ensure that small busi- resentatives of the United States of America in
the right things, to abide by their sub- nesses are not excluded from the government Congress assembled,
contracting plans, and these are the contracting process, which is an important SECTION 1. SHORT TITLE.
plans that they, themselves have nego- concern in Congress. This Act may be cited as the ‘‘Bankruptcy
With more than 65 percent of small busi- Threshold Adjustment and Technical Correc-
tiated. So when prime contractors dis-
tions Act’’.
regard these pre-negotiated terms, the nesses having experienced at least a mod- SEC. 2. BANKRUPTCY AMENDMENTS.
only recourse that we have is to make erately negative impact from the COVID–19 (a) DEFINITION OF SMALL BUSINESS DEBT-
sure that we find a way to involve our- pandemic according to Statista Research, it is OR.—Section 101(51D)(B) of title 11, United
selves before they are left with their more vital than ever that we continue to States Code, is amended—
only alternative, which is to file a law- strengthen small business. (1) in clause (i), by inserting ‘‘under this
suit. This legislation will provide that urgently title’’ after ‘‘affiliated debtors’’; and
Given the nature of the courts, any needed support. (2) in clause (iii), by striking ‘‘an issuer’’
small business relief that may come to As small businesses account for 44 percent and all that follows and inserting ‘‘a cor-
of U.S. economic activity, they are the power- poration described in clause (ii).’’.
them could prove to be too little, too (b) ADJUSTMENTS FOR INFLATION.—Section
late. house behind the American workforce, cre- 104 of title 11, United States Code, is amend-
Madam Speaker, again, I thank the ating two-thirds of the new jobs over the last ed—
gentleman from Minnesota. This bill 15 years. (1) in subsection (a), by inserting ‘‘1182(1),’’
creates an economic incentive for Small business is vital in times of crisis, giv- after ‘‘707(b),’’; and
prime contractors to follow their sub- ing our economy the ability to be more flexi- (2) in subsection (b), by inserting ‘‘1182(1),’’
contracting plans by requiring any ble, innovative, and productive. after ‘‘707(b),’’.
In my home district in Houston, there are (c) WHO MAY BE A DEBTOR UNDER CHAPTER
agency of the government to assess
over 600,000 small businesses engaged in in- 13.—Section 109 of title 11, United States
those plans and to offer advice and an Code is amended by striking subsection (e)
opinion on whether or not they have dustries across the spectrum. and inserting the following:
complied. Many of these small businesses received ‘‘(e) Only an individual with regular in-
The SPEAKER PRO TEMPORE. The subcontracts following the devastation of Hur- come that owes, on the date of the filing of
time of the gentleman has expired. ricanes Ike and Harvey, and their work helped the petition, noncontingent, liquidated debts
Ms. VELÁZQUEZ. Madam Speaker, I rebuild Houston as well as restore local eco- of less than $2,750,000 or an individual with
yield an additional 30 seconds to the nomic growth. regular income and such individual’s spouse,
Just this week, there was a briefing on the except a stockbroker or a commodity
gentleman from Maryland.
COVID–19 pandemic response that under- broker, that owe, on the date of the filing of
Mr. MFUME. Madam Speaker, by the petition, noncontingent, liquidated debts
amending the language of the Small scored how important small business sub-
that aggregate less than $2,750,000 may be a
Business Act, by expanding its scope, contracts were, and continue to be, to our ca- debtor under chapter 13 of this title.’’.
this legislation will give contractors pacity for COVID testing, quarantine, and (d) DEFINITION OF DEBTOR.—Section 1182(1)
that treat small businesses the right much more. of title 11, United States Code, is amended to
and the fair way, a greater chance at Small businesses are always serving our read as follows:
winning Federal contractors. And it communities, and this legislation on subcon- ‘‘(1) DEBTOR.—The term ‘debtor’—
tracting will allow them to do more of what ‘‘(A) subject to subparagraph (B), means a
will hopefully incentivize those con-
they’re already doing: improving life for us all. person engaged in commercial or business
tractors that are not, to finally do the activities (including any affiliate of such
right thing. We need legislation that reinforces the value
person that is also a debtor under this title
Madam Speaker, I respectfully ask and capability that small businesses provide to and excluding a person whose primary activ-
that my colleagues vote in support of the American economy, especially through ity is the business of owning single asset real
H.R. 7694, the Strengthening Subcon- contracts with the federal government. estate) that has aggregate noncontingent
tracting for Small Businesses Act of I urge all my colleagues to support H.R. liquidated secured and unsecured debts as of
2022. 7694, the Strengthening Subcontracting for the date of the filing of the petition or the
Mr. WILLIAMS of Texas. Madam Small Businesses Act. date of the order for relief in an amount not
The SPEAKER pro tempore. The more than $7,500,000 (excluding debts owed to
Speaker, I yield myself such time as I 1 or more affiliates or insiders) not less than
may consume to close. question is on the motion offered by
50 percent of which arose from the commer-
Madam Speaker, as contract consoli- the gentlewoman from New York (Ms. cial or business activities of the debtor; and
dation continues to build momentum, VELÁZQUEZ) that the House suspend the ‘‘(B) does not include—
opportunities will continue to falter. rules and pass the bill, H.R. 7694. ‘‘(i) any member of a group of affiliated
Overall, this trendline is heading in the The question was taken. debtors under this title that has aggregate
wrong direction. As a result, the em- The SPEAKER pro tempore. In the noncontingent liquidated secured and unse-
phasis and importance will be placed opinion of the Chair, two-thirds being cured debts in an amount greater than
in the affirmative, the ayes have it. $7,500,000 (excluding debt owed to 1 or more
on subcontracting. affiliates or insiders);
H.R. 7694 takes an important step by Mr. ROY. Madam Speaker, on that I
demand the yeas and nays. ‘‘(ii) any debtor that is a corporation sub-
requiring that past performance is ject to the reporting requirements under sec-
taken into account on all future con- The SPEAKER pro tempore. Pursu- tion 13 or 15(d) of the Securities Exchange
tracts. Congress will need to continue ant to section 3(s) of House Resolution Act of 1934 (15 U.S.C. 78m, 78o(d)); or
to study this issue carefully, and H.R. 8, the yeas and nays are ordered. ‘‘(iii) any debtor that is an affiliate of a
7694 will assist us along the way. Pursuant to clause 8 of rule XX, fur- corporation described in clause (ii).’’.
Madam Speaker, I urge my col- ther proceedings on this motion are (e) TRUSTEE.—Section 1183(b)(5) of title 11,
postponed. United States Code, is amended—
leagues to support this legislation, and (1) by striking ‘‘possession, perform’’ and
I yield back the balance of my time. f
inserting ‘‘possession—
Ms. VELÁZQUEZ. Madam Speaker, I b 1700 ‘‘(A) perform’’;
would just say thank you to both gen- (2) in subparagraph (A), as so designated—
tlemen, Mr. STAUBER and Mr. MFUME, BANKRUPTCY THRESHOLD AD- (A) by striking ‘‘, including operating the
for their hard work, and I urge my col- JUSTMENT AND TECHNICAL COR- business of the debtor’’; and
leagues to support this bill. RECTIONS ACT (B) by adding ‘‘and’’ at the end; and

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Madam Speaker, I yield back the bal- Mr. NEGUSE. Mr. Speaker, I move to (3) by adding at the end the following:
suspend the rules and pass the bill (S. ‘‘(B) be authorized to operate the business
ance of my time.
of the debtor;’’.
Ms. JACKSON LEE. Madam Speaker, I rise 3823) to amend title 11, United States (f) CONFIRMATION OF PLAN.—Section 1191(c)
in strong support of H.R. 7694, the ‘‘Strength- Code, to modify the eligibility require- of title 11, United States Code, is amended by
ening Subcontracting for Small Businesses Act ments for a debtor under chapter 13, striking paragraph (3) and inserting the fol-
of 2022.’’ and for other purposes. lowing:

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June 7, 2022 CONGRESSIONAL RECORD — HOUSE H5261
‘‘(3)(A) The debtor will be able to make all resentative CLINE, for being the Repub- created an environment of uncertainty
payments under the plan; or lican lead on the bill. and unpredictability within the bank-
‘‘(B)(i) there is a reasonable likelihood The Bankruptcy Threshold Adjust- ruptcy arena. Today’s legislation retro-
that the debtor will be able to make all pay- ment and Technical Corrections Act actively restores that higher debt limit
ments under the plan; and
‘‘(ii) the plan provides appropriate rem-
shows that we can still come together and extends it for another 2 years, al-
edies, which may include the liquidation of in a bipartisan and bicameral way and lowing more businesses to take advan-
nonexempt assets, to protect the holders of make commonsense changes to the law tage of these protections under court
claims or interests in the event that the pay- that help small businesses on Main supervision.
ments are not made.’’. Street and everyday Americans. This bill passed the Senate by unani-
(g) TECHNICAL CORRECTIONS TO THE BANK- Before the COVID–19 pandemic, Mr. mous consent, and I certainly hope
RUPTCY ADMINISTRATION IMPROVEMENT ACT.— Speaker, many sole proprietors and that we can get a similar level of bipar-
Section 589a of title 28, United States Code is
middle-class families who live in high tisan support here in the House. This
amended—
(1) in subsection (c) by striking ‘‘sub- cost-of-living areas were ineligible to bill will make a big difference by al-
section (a)’’ and inserting ‘‘subsections (a) receive chapter 13 bankruptcy protec- lowing families to keep their homes,
and (f)’’; and tions because the debt limits were far vehicles, and livelihoods intact while
(2) in subsection (f)(1)— too low. For families forced into bank- they repay their debt.
(A) in the matter preceding subparagraph ruptcy who wanted to keep their Mr. Speaker, I reserve the balance of
(A), by striking ‘‘subsections (b) and (c)’’ and homes, vehicles, or any essential prop- my time.
inserting ‘‘subsection (b)(5)’’; and erty, and were willing to pay off their Mr. BENTZ. Mr. Speaker, I yield my-
(B) in subparagraph (A), by inserting self such time as I may consume.
debts under court supervision, chapter
‘‘needed to offset the amount’’ after
‘‘amounts’’. 13 is their only lifeline. The alternative Mr. Speaker, S. 3823 would make
(h) EFFECTIVE DATE; APPLICABILITY.— for these families can be devastating. modest and temporary changes to the
(1) IN GENERAL.—Subsections (b) and (c) Many have lost everything, including U.S. Bankruptcy Code.
and the amendments made by subsections (b) their homes. First, the bill temporarily increases
and (c) shall take effect on the date of enact- The story is similar for small busi- debt limits for small business debtors
ment of this Act. nesses. In 2019, the American Bank- under subchapter V of chapter 11 and
(2) RETROACTIVE APPLICATION OF CERTAIN ruptcy Institute’s Commission on Con- for individual debtors reorganizing
AMENDMENTS.—The amendments made by
sumer Bankruptcy found that the arti- debt under chapter 13.
subsections (a), (d), (e), and (f) shall apply
ficially low chapter 13 limits were driv- Subchapter V of the Bankruptcy
with respect to any case that—
(A) is commenced under title 11, United ing people away from the relief that Code is a lower cost reorganization
States Code, on or after March 27, 2020; and they needed, and they called on this bankruptcy option for small busi-
(B) with respect to a case that was com- Congress to act. nesses. These businesses don’t have
menced on or after March 27, 2020 and before Sole proprietors who could otherwise deep pockets, and traditional, expen-
the date of enactment of this Act, is pending save their businesses and protect their sive chapter 11 reorganizations may
on the date of enactment of this Act. families have been forced to liquidate not be feasible.
(3) EFFECTIVE DATE OF TECHNICAL CORREC- everything because they exceeded the Subchapter V is a more affordable
TIONS TO BAIA.—The amendments made by
debt limits of chapter 13. and streamlined approach, which can
subsection (g) shall take effect as if enacted
on October 1, 2021. The Small Business Reorganization lead to more successful reorganiza-
(i) SUNSETS.— Act of 2019, the SBRA, as the Speaker tions. That means that both debtors
(1) IN GENERAL.—Effective on the date that pro tempore knows, created subchapter and creditors should be better off be-
is 2 years after the date of enactment of this V in chapter 11 bankruptcy, a vol- cause, hopefully, less of the debtor’s es-
Act— untary option for small businesses in tate will go toward professional fees
(A) subsection (e) of section 109 of title 11, need of expedited bankruptcy relief. and more will be left for the debtor’s
United States Code is amended to read as business and, ultimately, the creditors.
But that low debt limit meant that
such subsection read on the day before the
many small businesses simply could Subchapter V took effect in February
date of enactment of this Act; and
(B) section 1182(1) of title 11, United States not take advantage of the program. 2020. At that time, the debt limit for
Code, is amended to read as follows: The travesty of the pandemic really those wishing to utilize this more
‘‘(1) DEBTOR.—The term ‘debtor’ means a brought the need to increase these debt streamlined law was just over $2.7 mil-
small business debtor.’’. limits into stark relief. The CARES lion. Due in part to expected trouble
(2) AMOUNTS.—For purposes of applying Act raised the debt limit threshold for small businesses, the CARES Act
subsection (e) of section 109 of title 11, under the SBRA. That was done on a and later legislation temporarily in-
United States Code, as amended by para- bipartisan basis by this House. It pro- creased the debt limit for subchapter V
graph (1)(A), the amounts specified in such
vided important protections to families filers to $7.5 million. That temporary
subsection shall be the amounts that were in
effect on the day before the date of enact- and homeowners, but those provisions increase sunsetted in March of this
ment of this Act. were temporary. year. This bill again extends the $7.5
The SPEAKER pro tempore (Mr. My office has been contacted by million debt limit for another 2 years.
VEASEY). Pursuant to the rule, the gen- countless professionals from all over Likewise, the bill also changes the
tleman from Colorado (Mr. NEGUSE) the bankruptcy community expressing bankruptcy debt limits for chapter 13,
and the gentleman from Oregon (Mr. the need for this legislation. The Na- which is a way for eligible individuals,
BENTZ) each will control 20 minutes. tional Conference of Bankruptcy including sole proprietors, to reorga-
The Chair recognizes the gentleman Judges, an association of the bank- nize their debts. The bill removes the
from Colorado. ruptcy judges of the United States, has distinction between secured and unse-
GENERAL LEAVE said that the SBRA was one of the best cured debt limits under chapter 13 and
Mr. NEGUSE. Mr. Speaker, I ask modifications to the Bankruptcy Code increases the overall debt limit for
unanimous consent that all Members in recent years. It assisted nearly 3,000 those who wish to file for their indi-
have 5 legislative days to revise and ex- small businesses across the country vidual protection from about $1.9 mil-
tend their remarks and include extra- that were in need of expedited relief lion to $2.75 million.
neous material on S. 3823. through the pandemic. The Office of Like the adjustment to subchapter V,
The SPEAKER pro tempore. Is there the United States Trustee Program these changes to chapter 13 apply for
objection to the request of the gen- also reported that more than half of only 2 years. Put simply, Americans
tleman from Colorado? these small business debtors received are having a harder time making ends
There was no objection. successful outcomes through a con- meet due to what I think we would

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Mr. NEGUSE. Mr. Speaker, I yield firmed reorganization plan in 6 months agree are mistakes made under the
myself such time as I may consume. or less. Biden administration and Democrats in
Mr. Speaker, I thank Senator DURBIN Despite the success of this program, control of Congress.
and Senator GRASSLEY for their work the debt limit increase under the SBRA Raising the debt limit will allow
on this bill. I also thank my colleague expired earlier this year, just a few those suffering from these failed poli-
on the other side of the aisle, Rep- months ago, on March 27, 2022, which cies to adjust their debts to fit the new

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H5262 CONGRESSIONAL RECORD — HOUSE June 7, 2022
realities of our economy, skyrocketing nesses across America have been rais- million, this legislation will provide much-need-
energy and input costs, not enough ing this question, making the point ed certainty that the bankruptcy system will be
workers, and more. A successful reor- that it is impossible for them to sur- responsive to hardworking Americans and
ganization can leave both debtors and vive with the previous cap for indi- their families trying to stay afloat in a world
creditors better off. vidual chapter 11 filers of $2.75 million. that can get turned upside down by global
At the same time, we just don’t have This legislation will provide much- economic shocks.
certain data about some of these bank- needed certainty that the bankruptcy We all benefit from the fresh start. When it
ruptcy policy changes or their likely system will be responsive to hard- works as intended, it boosts economic growth,
long-term effects. That is why these working Americans and their families reduces unemployment, and encourages inno-
changes to our Bankruptcy Code trying to stay afloat in a world that vation and entrepreneurship. This legislation
should be temporary. can be turned upside down by global represents a major step toward ensuring that
An additional 2 years of normal post- economic shocks. our bankruptcy system makes good on that
pandemic bankruptcy activity will give Just as I started, again, the filing of promise.
us a better understanding of the under- bankruptcy should not cause one to I thank my colleagues, Representatives
lying policy issues and will help guide never renew again. This legislation, Neguse and Cline, for their leadership on this
the future design of our bankruptcy with the leadership of Mr. NEGUSE, bill and for their work to ensure that small
system. gives our American businesspersons, businesses and families have meaningful ac-
It is also worth noting that this bill homeowners, and others a fresh start. cess to the bankruptcy process.
did not go through regular order in the I ask my colleagues to support this I urge my colleagues to support S. 3823.
Judiciary Committee, so it did not ben- legislation. The SPEAKER pro tempore. The
efit from robust oversight or legisla- question is on the motion offered by
tive hearings. Americans are best b 1715
the gentleman from Colorado (Mr.
served when Federal policy is made Mr. NEGUSE. Mr. Speaker, I am pre- NEGUSE) that the House suspend the
after careful and focused congressional pared to close and I reserve the balance rules and pass the bill, S. 3823.
deliberation, something that would of my time. The question was taken.
have occurred in regular order. Mr. BENTZ. Mr. Speaker, I yield The SPEAKER pro tempore. In the
The bill makes clarifications to back the balance of my time. opinion of the Chair, two-thirds being
small business bankruptcies that relate Mr. NEGUSE. Mr. Speaker, I yield in the affirmative, the ayes have it.
to eligibility, trustee responsibilities, myself the balance of my time. I will Mr. ROY. Mr. Speaker, on that I de-
and bankruptcy plan requirements. simply close by first thanking the dis-
These would be permanent. The bill mand the yeas and nays.
tinguished chairwoman from Texas The SPEAKER pro tempore. Pursu-
also makes accounting-related clari- (Ms. JACKSON LEE), who is always so
fications that will operate to improve ant to section 3(s) of House Resolution
articulate and I am grateful for her 8, the yeas and nays are ordered.
the U.S. Trustee System Fund. leadership and kind remarks.
Mr. Speaker, I reserve the balance of Pursuant to clause 8 of rule XX, fur-
I also thank Mr. CICILLINE, the chair- ther proceedings on this motion are
my time. man of the subcommittee of jurisdic-
Mr. NEGUSE. Mr. Speaker, I yield 3 postponed.
tion, whose leadership was pivotal; and f
minutes to the distinguished gentle-
as I mentioned before, my Senate part-
woman from Texas (Ms. JACKSON LEE). WATER RESOURCES
Ms. JACKSON LEE. Mr. Speaker, I ners and Representative CLINE.
At the end of the day, I think we DEVELOPMENT ACT OF 2022
thank the distinguished member of our
committee, Mr. NEGUSE, for his leader- have a real opportunity today to honor Mr. DEFAZIO. Mr. Speaker, I move
ship joining with the Senate, and I American ingenuity, entrepreneurship, to suspend the rules and pass the bill
thank him for yielding, Mr. Speaker. and innovation by providing our small (H.R. 7776) to provide for improvements
This is a fresh start. This is a new op- businesses across the United States in to the rivers and harbors of the United
portunity in important bipartisan, bi- Main Street after Main Street with the States, to provide for the conservation
cameral legislation that Mr. NEGUSE opportunity and the tools that they and development of water and related
has nurtured and introduced and will need to be able to survive. resources, and for other purposes, as
ensure, under his leadership, that our Mr. Speaker, I think this bill is a amended.
bankruptcy system works for the en- small step in that direction. It is bipar- The Clerk read the title of the bill.
trepreneurs, small businesses, home- tisan. It passed the Senate unani- The text of the bill is as follows:
owners, and American families, who mously, and I certainly hope that it H.R. 7776
are the backbone of this country and of will pass this Chamber unanimously as Be it enacted by the Senate and House of Rep-
the communities where they live and well. resentatives of the United States of America in
work. Mr. Speaker, I urge my colleagues to Congress assembled,
Having the privilege of having served support the bill, and I yield back the SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
on the Judiciary Committee for some balance of my time. (a) SHORT TITLE.—This Act may be cited as
time, I am reminded of the work that Mr. CICILLINE. Mr. Speaker, I rise in strong the ‘‘Water Resources Development Act of
we have done, almost like a puzzle put- support of S. 3823, the ‘‘Bankruptcy Threshold 2022’’.
Adjustment and Technical Corrections Act.’’ (b) TABLE OF CONTENTS.—The table of con-
ting together a better matrix for the tents for this Act is as follows:
American people to be able to renew This important bipartisan, bicameral legisla-
tion introduced by my colleague, Congress- Sec. 1. Short title; table of contents.
their lives even as they may have the Sec. 2. Secretary defined.
necessity of filing for bankruptcy. man Neguse, will ensure that our bankruptcy
system works for the entrepreneurs, small TITLE I—GENERAL PROVISIONS
If there is one fundamental principle
of American bankruptcy law, it is the businesses, homeowners, and American fami- Sec. 101. Federal breakwaters and jetties.
lies who are the backbone of this country and Sec. 102. Emergency response to natural dis-
promise of a fresh start, and the fresh
asters.
start is quintessentially an American of the communities where they live and work.
Sec. 103. Shoreline and riverine restoration.
idea. It is a promise that even when If there is one foundational principle of Sec. 104. Tidal river, bay, and estuarine
your best efforts have failed, you are American bankruptcy law, it is the promise of flood risk reduction.
not a failure, and you will have a the ‘‘fresh start.’’ The fresh start is a Sec. 105. Removal of manmade obstruction
chance to get back up and try again. It quintessentially American idea. It is the prom- to aquatic ecosystem restora-
is a promise that your debts will not ise that even when your best efforts have tion projects.
destroy you. failed, you will have a chance to get back up Sec. 106. National coastal mapping study.

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and try again. It is the promise that your debts Sec. 107. Public recreational amenities in
Increasing the debt limit for small
ecosystem restoration projects.
businesses electing to file for bank- will not destroy you. Sec. 108. Preliminary analysis.
ruptcy under subchapter V of chapter By increasing the debt limit for small busi- Sec. 109. Technical assistance.
11 to $7.5 million is long overdue. nesses electing to file for bankruptcy under Sec. 110. Corps of Engineers support for un-
Mr. Speaker, I particularly thank subchapter V of Chapter 11 to $7.5 million, derserved communities; out-
Mr. NEGUSE because really small busi- and for individual Chapter 13 filers to $2.75 reach.

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