S.1920 - To extend for six months the period which chapter 12 of title 11 of United States Code is reenacted

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, January 27, 2004.
FLOOR ACTION:ADOPTED BY VOICE VOTE on Wednesday, January 28, 2004.
MANAGERS: SESSIONS/MCGOVERN
108th Congress
2nd Session

H. RES. 503
[Report No. 108-407]


S. 1920 - To extend for 6 months the period for which chapter 12 of title 11 of the United States Code is reenacted

 

 

1. Modified closed rule.

2. Provides one hour general debate on the bill and amendments made in order equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.

3. Provides that it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of H.R. 975 as passed by the House, and that it shall be considered as read.

4. Waives all points of order against that amendment in the nature of a substitute.

5. Makes in order only those amendments to that amendment in the nature of a substitute which are printed in the Rules Committee report accompanying the resolution.

6. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

9. Section 2 of the resolution provides that if the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendment to S. 1920 and request a conference thereon.

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RESOLUTION

 

 

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (S. 1920) to extend for 6 months the period for which chapter 12 of title 11 of the United States Code is reenacted. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and the amendments made in order by this resolution and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of H.R. 975 as passed by the House. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. If the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendment to S. 1920 and request a conference thereon.

 


 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Sensenbrenner #2:
Manager’s Amendment. Makes technical changes to H.R. 975 as passed by the House, which consist of the following: (1) revising the year of the short title (and subsequent references thereto) from 2003 to 2004 and a Code of Federal Regulations reference from 2002 to 2003; (2) amending section 1001 to make the reenactment of Chapter 12 retroactive to the date on which Chapter 12 was last in effect; (3) renumbering titles XIV and XV as titles XV and XIV, respectively, to clarify the measure’s overall effective date; (4) correcting an erroneous drafting instruction in section 1201; and (5) adding a new provision (section 1502) that corrects statutory cross-references in the Bankruptcy Code and the Securities Investment Protection Act with respect to a provision of the Bankruptcy Code amended by H.R. 975. (10 minutes)

2. Baldwin #1
Amendment in the Nature of a Substitute. Makes chapter 12 of title 11 of the U.S. Bankruptcy Code, dealing with “family farmer” reorganization, permanent and expands eligibility requirements. (60 minutes)

TEXT OF THE AMENDMENT(.pdf)

Sensenbrenner

Baldwin