Patrick Leahy

Mr. LEAHY

Mr. LEAHY. Mr. President, a number of Senators have been discussing the issue of, for want of a better word, the cramdown issue. I ask unanimous consent that it be in order, notwithstanding cloture, to send to the desk an amendment related to the so-called cramdown issue, and that it be considered.

Mr. LEAHY. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 105

Mr. LEAHY. Mr. President, I move to reconsider the vote.

Mr. LEAHY. Mr. President, there is so much noise. I know the Senator from Minnesota is addressing us. I couldn't hear him.

Mr. LEAHY. I ask unanimous consent the Senator from Alabama be allowed to proceed for 1 minute and then I be allowed to proceed for 1 minute.

Mr. LEAHY. Mr. President, I move to reconsider the vote.

Mr. LEAHY. I don't think I have time left.

Mr. LEAHY. Mr. President, I thank my friend from Delaware, but I note my amendment does not allow a separated spouse to somehow shield assets because the bill already counts income of the debtors from all sources. The definition of ``current monthly income'' on page 18, lines 4 to 21, of the bill includes income from all sources. So if a battered spouse or anybody else conceal income on a bankruptcy schedule, that is a Federal crime. What I do not want is a battered wife who is getting no income from a separated spouse to suddenly, if she is out there trying to put her financial situation in order, to have to consider the income of a spouse from whom she is getting no income. I ask unanimous consent a letter from the American Academy of Matrimonial Lawyers, on behalf of a number of organizations, be printed in the Record.

Mr. LEAHY. Have the yeas and nays been ordered, Mr. President?

Mr. LEAHY. Mr. President, I believe we are dealing with a bill with a drafting error and I am trying to correct it. For example, in the bill before the Senate, a battered spouse who flees the home with children can be denied bankruptcy relief regardless of circumstances because the bill would count her husband's income, as well, even though she did not receive any money from him. Without the Leahy amendment, it is hard to imagine a more antiwoman, antichild, or antifamily result. My amendment would not allow separated spouses to somehow shield assets when they file for bankruptcy because the bill already counts income of the debtor from all sources. That is why my amendment is supported by virtually every group in the country that has advocated for battered women and battered spouses. They say, we support this effort to correct this oversight which ``if left unrepaired would create a severe injustice to many women, children, and families across the country.''

Mr. LEAHY. Mr. President, I move to reconsider the vote.

Mr. LEAHY

Mr. LEAHY. Mr. President, I move to reconsider the vote.

Mr. LEAHY

Mr. LEAHY. Mr. President, what is the pending business?

Mr. LEAHY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LEAHY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LEAHY. Mr. President, I wish to take the time to simply ask the Senator from Utah where we stand on the managers' package? Are we getting close to that time? We have a number of items being cleared or have been cleared. I would like to get that taken care of. I would like to be able to present the managers' package prior to the cloture vote.

Mr. LEAHY. I ask for the yeas and nays.

Mr. LEAHY. Mr. President, I ask for the yeas and nays.

Mr. LEAHY. Is amendment No. 19 germane?

Mr. LEAHY

Mr. LEAHY. Mr. President, I understand we have amendment No. 19, the amendment of the Senator from Vermont, pending. I ask unanimous consent that amendment No. 20 be modified by an amendment by myself and Mr. Hatch.

Mr. LEAHY. Mr. President, have the yeas and nays been ordered on that amendment?

Mr. LEAHY. Mr. President, I ask unanimous consent that similar action be now done in relation to amendment No. 41; that is, that amendment No. 41 be modified on behalf of myself and Senator Hatch.

Mr. LEAHY. Mr. President, I ask unanimous consent to vitiate the action on amendment No. 20.

Mr. LEAHY. Mr. President, I ask unanimous consent that it be in order to ask for the yeas and nays, instead, on amendment No. 41, as modified.

Mr. LEAHY

Mr. LEAHY. Will the Senator yield to the Senator from Vermont?