[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6850-H6851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NOTIFICATION OF INTENTION TO OFFER RESOLUTION RAISING QUESTION OF 
                        PRIVILEGES OF THE HOUSE

  Mr. HOLDEN. Mr. Speaker, pursuant to rule IX, clause 1, I rise to 
give notice of my intent to present a question of the privileges of the 
House. The form of the resolution is as follows:

       A resolution in accordance with House Rule IX, expressing a 
     sense of the House that its integrity has been impugned and 
     its Constitutional duty hampered by the inability of the 
     House to bring to the floor, a clean bill permanently 
     extending Chapter 12 of title 11 of the U.S. Code which 
     provides bankruptcy protections to family farmers.
       Whereas, Chapter 12 of the Federal bankruptcy code was 
     enacted in 1986 as a temporary measure to allow family 
     farmers to repay their debts according to a plan under court 
     supervision, preventing a situation from occurring where a 
     few bad crop years lead to the loss of the family farm; and
       Whereas, in the absence of Chapter 12, farmers are forced 
     to file for bankruptcy relief under the Bankruptcy Code's 
     other alternatives, none of which work quite as well for 
     farmers as chapter 12; and
       Whereas, since its creation, the Chapter 12 family farmer 
     bankruptcy protection has been renewed regularly by Congress 
     and has never been controversial; and
       Whereas in 1997, the National Bankruptcy Review Commission 
     recommended that Chapter 12 be made permanent; and
       Whereas in this Congress, just as in previous Congresses, 
     the larger Bankruptcy Reform Act includes a provision that 
     permanently extends Chapter 12. And, in this Congress, just 
     as in previous Congresses, the larger Bankruptcy Reform Act 
     is a controversial bill whose enactment is an uncertainty; 
     and

[[Page H6851]]

       Whereas, for 5 years now, family farmers have been held 
     hostage by the contentious debate surrounding the larger 
     bankruptcy issue. For 5 years, the family farmer has been 
     waiting to see if Congress will extend these protections for 
     another few months until we reach the next legislative hurdle 
     on the larger bankruptcy issues; and
       Whereas right now, family farmers are making plans to 
     borrow money based on next year's expected harvest in order 
     to be able to buy the seeds needed to plant the crops for 
     that harvest. As these farmers leverage themselves, they need 
     to have the assurance that Chapter 12 family farmer 
     bankruptcy protections are going to be there for them on a 
     permanent basis. Sporadic and temporarily extensions do not 
     do the job.
       Now therefore, be it resolved that it is the sense of the 
     House of Representatives that the Speaker should immediately 
     call up for consideration by this body, HR 5348, the Family 
     Farmers and Family Fishermen Protection Act of 2002, which 
     will once and for all give family farmers the permanent 
     bankruptcy protections they have been waiting over five years 
     for.

  The SPEAKER pro tempore. Under rule IX, a resolution offered from the 
floor by a Member other than the majority leader or the minority leader 
as a question of the privileges of the House has immediate precedence 
only at a time designated by the Chair within 2 legislative days after 
the resolution is properly noticed.
  Pending that resolution, the form of the resolution noticed by the 
gentleman from Pennsylvania will appear in the Record at this point.
  The Chair will not at this point determine whether the resolution 
constitutes a question of privilege. That determination will be made at 
the time designated for consideration of the resolution.
  Mr. HOLDEN. Mr. Speaker, I ask to be heard at the appropriate time on 
the question of whether this resolution constitutes a question of 
privilege.
  The SPEAKER pro tempore. That time will be designated.

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