September 30, 2008 CONGRESSIONAL RECORD — SENATE S10187 

SEC. 2. AMENDMENTS. 

Section 707(b)(2)(D) of title 11, United 

States Code, is amended— 

ø(1) in each of clauses (i) and (ii)— 

ø(A) by indenting the left margins of such 

clauses 2 ems to the right; and 

ø(B) by redesignating such clauses as subclauses (I) and (II), respectively; 

ø(2) by striking ‘‘if the debtor is a disabled 

veteran’’ and inserting the following: 

ø‘‘if— 

ø‘‘(i) the debtor is a disabled veteran’’; 

ø(3) by striking the period at the end and 

inserting ‘‘; or’’; and 

ø(4) by adding at the end the following: 

ø‘‘(ii) while— 

ø‘‘(I) the debtor is— 

ø‘‘(aa) on, and during the 540-day period beginning immediately after the debtor is released from, a period of active duty (as defined in section 101(d)(1) of title 10) of not 

less than 90 days; or 

ø‘‘(bb) performing, and during the 540-day 

period beginning immediately after the debtor is no longer performing, a homeland defense activity (as defined in section 901(1) of 

title 32) performed for a period of not less 

than 90 days; and 

ø‘‘(II) if, after September 11, 2001, the debtor while a member of a reserve component of 

the Armed Forces or a member of the National Guard, was called to such active duty 

or performed such homeland defense activity.’’.¿ 

(1) in clauses (i) and (ii)— 

(A) by indenting the left margin of such 

clauses 2 ems to the right, and 

(B) by redesignating such clauses as subclauses (I) and (II), respectively, 

(2) by striking ‘‘testing, if the debtor is a disabled veteran’’ and inserting the following: 

‘‘testing— 

‘‘(i) if the debtor is a disabled veteran’’, 

(3) by striking the period at the end and inserting ‘‘; or’’, and 

(4) by adding at the end the following: 

‘‘(ii) with respect to the debtor, while the 

debtor is— 

‘‘(I) on, and during the 540-day period beginning immediately after the debtor is released 

from, a period of active duty (as defined in section 101(d)(1) of title 10) of not less than 90 

days; or 

‘‘(II) performing, and during the 540-day period beginning immediately after the debtor is 

no longer performing, a homeland defense activity (as defined in section 901(1) of title 32) performed for a period of not less than 90 days; 

if after September 11, 2001, the debtor while a 

member of a reserve component of the Armed 

Forces or a member of the National Guard, was 

called to such active duty or performed such 

homeland defense activity.’’. 

SEC. 3. GAO STUDY. 

(a) COMPTROLLER GENERAL STUDY.—Not 

later than 2 years after the effective date of 

this Act, the Comptroller General shall complete and transmit to the Speaker of the 

House of Representatives and the President 

pro tempore of the Senate, a study of the use 

and the effects of the provisions of law 

amended (and as amended) by this Act. Such 

study shall address, at a minimum— 

(1) whether and to what degree members of 

reserve components of the Armed Forces and 

members of the National Guard avail themselves of the benefits of such provisions, 

(2) whether and to what degree such members are debtors in cases under title 11 of the 

United States Code that are substantially related to service that qualifies such members 

for the benefits of such provisions, 

(3) whether and to what degree such members are debtors in cases under such title 

that are materially related to such service, 

and 

(4) the effects that the use by such members of section 707(b)(2)(D) of such title, as 

amended by this Act, has on the bankruptcy 

system, creditors, and the debt-incurrence 

practices of such members. 

(b) FACTORS.—For purposes of subsection 

(a)— 

(1) a case shall be considered to be substantially related to the service of a member of 

a reserve component of the Armed Forces or 

a member of the National Guard that qualifies such member for the benefits of the provisions of law amended (and as amended) by 

this Act if more than 33 percent of the aggregate amount of the debts in such case is incurred as a direct or indirect result of such 

service, 

(2) a case shall be considered to be materially related to the service of a member of a 

reserve component of the Armed Forces or a 

member of the National Guard that qualifies 

such member for the benefits of such provisions if more than 10 percent of the aggregate amount of the debts in such case is incurred as a direct or indirect result of such 

service, and 

(3) the term ‘‘effects’’ means— 

(A) with respect to the bankruptcy system 

and creditors— 

(i) the number of cases under title 11 of the 

United States Code in which members of reserve components of the Armed Forces and 

members of the National Guard avail themselves of the benefits of such provisions, 

(ii) the aggregate amount of debt in such 

cases, 

(iii) the aggregate amount of debt of such 

members discharged in cases under chapter 7 

of such title, 

(iv) the aggregate amount of debt of such 

members in cases under chapter 7 of such 

title as of the time such cases are converted 

to cases under chapter 13 of such title, 

(v) the amount of resources expended by 

the bankruptcy courts and by the bankruptcy trustees, stated separately, in cases 

under title 11 of the United States Code in 

which such members avail themselves of the 

benefits of such provisions, and 

(vi) whether and to what extent there is 

any indicia of abuse or potential abuse of 

such provisions, and 

(B) with respect to debt-incurrence practices— 

(i) any increase in the average levels of 

debt incurred by such members before, during, or after such service, 

(ii) any indicia of changes in debt-incurrence practices adopted by such members in 

anticipation of benefitting from such provisions in any potential case under such title; 

and 

(iii) any indicia of abuse or potential abuse 

of such provisions reflected in the debt-incurrence of such members. 

SEC. 4. EFFECTIVE DATE; APPLICATION OF 

AMENDMENTS. 

(a) EFFECTIVE DATE.—Except as provided in 

subsection (b), this Act and the amendments 

made by this Act shall take effect 60 days 

after the date of enactment of this Act. 

(b) APPLICATION OF AMENDMENTS.—The 

amendments made by this Act shall apply 

only with respect to cases commenced under 

title 11 of the United States Code in the 3- 

year period beginning on the effective date 

of this Act. 

Mr. SALAZAR. Mr. President, I ask 

unanimous consent that the committee 

amendment be agreed to, the bill, as 

amended, be read a third time and 

passed, the motions to reconsider be 

laid upon the table with no intervening 

action or debate, and any statements 

related to the bill be printed in the 

RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The committee amendment was 

agreed to. 

The bill (S. 3197), as amended, was ordered to be engrossed for a third reading, was read the third time, and 

passed, as follows: 

Mr. REID. Mr. President, I ask unanimous consent that the order for the 

quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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UNANIMOUS CONSENT 

AGREEMENT—H.R. 7081 

Mr. REID. Mr. President, I ask unanimous consent that after the prayer 

and pledge and any remarks of the 

leaders on Wednesday, October 1, the 

Senate proceed to the consideration of 

H.R. 7081, which is at the desk; that the 

bill be considered under the following 

limitations: That there be 60 minutes 

of general debate on the bill, with the 

time equally divided and controlled between the leaders or their designees; 

that the only first-degree amendments 

in order be those listed in this agreement, with no other amendments in 

order, and debate time limited on each 

amendment to 60 minutes, with the 

time equally divided and controlled in 

the usual form; further, that an additional debate time of 15 minutes each 

be provided to Senators FEINGOLD and 

HARKIN; a Dorgan amendment re: clarify policy in event of Indian test, and a 

Bingaman amendment re: reporting requirement in event of Indian test; that 

the amendments in this agreement be 

subject to an affirmative 60-vote 

threshold, and that if the amendment 

achieves that threshold, then it be 

agreed to and the motion to reconsider 

be laid upon the table; that if the 

amendment does not achieve that 

threshold, then it be withdrawn; that 

upon the use or yielding back of time 

with respect to each amendment, the 

Senate then proceed to vote in relation 

to the amendment; that upon disposition of all amendments, the use or 

yielding back of general debate time, 

the bill be read a third time, and without further intervening action or debate, the Senate proceed to vote on 

passage of the bill, as amended, if 

amended; provided further that passage 

of the bill requires 60 votes. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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UNANIMOUS CONSENT 

AMENDMENT—H.R. 1424 

Mr. REID. Mr. President, I ask unanimous consent that on Wednesday, October 1, following the debate with respect to H.R. 7081, the Senate proceed 

to the consideration of Calendar No. 

610, H.R. 1424; that once the bill is reported, the Dodd, et al., amendment, 

which is at the desk, be considered; except that this agreement is only valid 

if both leaders are in concurrence with 

the provisions of the Dodd, et al., 

amendment and have so notified the 

Chair, and that there be general debate 


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S10188 CONGRESSIONAL RECORD — SENATE September 30, 2008 

on the amendment for 90 minutes, with 

the time equally divided and controlled 

between the leaders or their designees; 

that upon the use or yielding back of 

this time, the amendment be set aside, 

and the Senate then consider the only 

other amendment in order to the bill, a 

Sanders amendment re: tax on high-income individuals; that there be 60 minutes of debate with respect to that 

amendment, with the time equally divided and controlled in the usual form; 

that upon the use or yielding back of 

all time with respect to the bill and 

amendments, the measure be set aside 

to recur upon disposition of H.R. 7081; 

that with respect to the disposition of 

the amendments to H.R. 1424, the first 

vote occur with respect to the Sanders 

amendment; that upon disposition of 

that amendment, the Senate would 

then consider the Dodd, et al., amendment, that upon disposition of that 

amendment, the bill, as amended, if 

amended, be read a third time and the 

Senate proceed to vote on passage of 

the bill; that upon passage, with the 

above occurring without further intervening action or debate, the Dodd, et 

al., amendment and the bill be subject 

to a 60-vote threshold. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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UNANIMOUS CONSENT AGREEMENT—HOUSE MESSAGE TO ACCOMPANY H.R. 2095 

Mr. REID. Mr. President, I ask unanimous consent that all postcloture 

time be yielded except for 30 minutes, 

and that—this is in regard to H.R. 2095, 

the rail safety bill—at 7 p.m., Wednesday, October 1, the Senate resume consideration of the House message with 

respect to H.R. 2095 and that the time 

until 7:30 p.m. be equally divided and 

controlled between the leaders or their 

designees; that at 7:30 p.m. the motion 

to concur with the amendments be 

withdrawn, and the Senate then proceed to vote on the motion to concur in 

the House amendment to the Senate 

amendment to the bill; that upon disposition of the House message, the Senate resume consideration of H.R. 7081, 

the India-U.S. Cooperative Agreement, 

and then proceed to vote in relation to 

the amendments to the bill and passage 

and that the amendments be voted in 

the order offered; that on Wednesday, 

October 1, there be 2 minutes of debate 

prior to each vote, equally divided and 

controlled; and that after the first vote 

of any sequence, the succeeding votes 

be 10 minutes in duration. 

The PRESIDING OFFICER. Is there 

objection? 

Without objection, it is so ordered. 

Mr. REID. Mr. President, let me say 

that after long discussions with Senator DODD, the chairman of the Finance Committee, the chairman of the 

Budget Committee, and other Senators, including JACK REED, and, of 

course, in constant contact with the 

Republican leader, with maybe eight or 

nine conversations today, and conversations with people in the House 

and with the White House, it has been 

determined in our judgment this is the 

best way to move forward. This is good 

for the country. 

Mr. President, I do not want to sound 

like a stuck record, but I have known 

the distinguished Senator from Connecticut for 26 years. We have served in 

the Senate together for 22 years. We 

have worked together on many different issues but never as we have during the housing debate which concluded successfully and this financial 

crisis in which we find ourselves. 

Each day that goes by I am more admiring of the work he has done. Today 

is an example. This has been very difficult, and words cannot express well 

enough how satisfied I am with the 

work he has done and what a good 

thing he has done for the State of Connecticut, the State of Nevada, the 

State of Kentucky, and our country. 

The PRESIDING OFFICER. The Republican leader is recognized. 

Mr. MCCONNELL. Mr. President, let 

me just say this is one of the finer moments in the Senate. We have come together on a bipartisan basis and structured a way forward on an important 

rescue package for our country. 

I commend the majority leader, my 

good friend, for his extraordinary work 

on this issue, as well as Senator DODD

and Senator GREGG, who have been the 

lead negotiators on this matter for the 

Senate. 

This is an important accomplishment 

and a way forward to get a result we 

need to achieve for the American people. 

I yield the floor. 

The PRESIDING OFFICER. The majority leader. 

Mr. REID. Finally, Mr. President, if I 

could say this: One person has been 

with me now for the last 24 hours almost constantly: Senator DURBIN from 

Illinois. He has helped me make dozens 

of phone calls today. He had a number 

of meetings. I want the RECORD to reflect his involvement in this has been 

important and essential. 

The PRESIDING OFFICER. The Senator from Illinois. 

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ORDERS FOR WEDNESDAY, 

OCTOBER 1, 2008 

Mr. DURBIN. Mr. President, I ask 

unanimous consent that when the Senate completes its business today, it 

stand in recess until 10 a.m. tomorrow, 

Wednesday, October 1; that following 

the prayer and the pledge, the Journal 

of proceedings be approved to date, the 

time for the two leaders be reserved for 

their use later in the day, the Senate 

proceed to H.R. 7081, the India-United 

States Nuclear Cooperation Approval 

and Nonproliferation Enhancement 

Act, as provided for under a previous 

order; further, that the Senate stand in 

recess from 12:30 to 2:15 p.m. for the 

weekly conference lunches. 

The PRESIDING OFFICER. Is there 

objection? Without objection, it is so 

ordered. 

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PROGRAM 

Mr. DURBIN. Mr. President, tomorrow we expect to have the rollcall vote 

on the motion to concur with respect 

to H.R. 2095, the rail safety-Amtrak 

legislation, around 7:30 p.m. Additional 

rollcall votes are possible tomorrow 

evening. 

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RECESS UNTIL 10 A.M. TOMORROW 

Mr. DURBIN. Mr. President, if there 

is no further business to come before 

the Senate, I ask unanimous consent 

that it stand in recess under the previous order. 

There being no objection, the Senate, 

at 7:16 p.m., recessed until Wednesday, 

October 1, 2008, at 10 a.m. 

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NOMINATIONS 

Executive nomination received by 

the Senate: 

UNITED STATES POSTAL SERVICE

ROBERT W. MCGOWAN, OF NEVADA, TO BE A GOVERNOR 

OF THE UNITED STATES POSTAL SERVICE FOR A TERM 

EXPIRING DECEMBER 8, 2015, VICE ALAN CRAIG KESSLER, 

TERM EXPIRING. 


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