[Congressional Record Volume 148, Number 127 (Wednesday, October 2, 2002)]
[House]
[Pages H6958-H6959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PRIVILEGES OF THE HOUSE--MAKING CHAPTER 12 FAMILY FARMER BANKRUPTCY 
                         PROTECTIONS PERMANENT

  Mr. HOLDEN. Mr. Speaker, I rise to a question of the privileges of 
the House, and offer a privileged resolution that I noticed pursuant to 
rule IX, and ask for its immediate consideration.
  The SPEAKER pro tempore (Mr. Thornberry). The Clerk will report the 
resolution.
  The Clerk read 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
       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 to 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, H.R. 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.


                             Point of Order

  Mr. SENSENBRENNER. Mr. Speaker, I raise a point of order that the 
resolution is not privileged under the rules of the House and ask to be 
heard on the point of order.
  The SPEAKER pro tempore. The gentleman may present his point of 
order.
  Mr. SENSENBRENNER. Mr. Speaker, over the years, both Republican and 
Democratic Speakers have ruled that questions of privilege may not be 
used to criticize the legislative process, such as charges of 
inactivity in regard to a subject reported from committee. This 
precedent dates back to at least 1974 and has been renewed by Speakers 
of the House ever since.
  The question of privilege that the gentleman from Pennsylvania (Mr. 
Holden) raises relates to scheduling of legislation. Just yesterday, 
the House passed a bill on the subject of family farmer bankruptcy 
protection, which the gentleman from Pennsylvania supported; and I 
thank him for that support. But this resolution is definitely not a 
question of privilege. The issue has been raised with the first alleged 
resolution of privilege that came up. The question is identical to that 
on which the Speaker has already ruled and on which the House has 
tabled an appeal.
  I would urge the Speaker to sustain the point of order.
  The SPEAKER pro tempore. The Chair will hear from the gentleman from 
Pennsylvania on the point of order as to whether the resolution 
constitutes a question of privileges of the House under rule IX.
  Mr. HOLDEN. Mr. Speaker, rule IX of the House Rules Manual states 
that questions of privilege are ``those affecting the rights, 
reputation, and conduct of Members, Delegates, or the Resident 
Commissioner, individually, in their representative capacity only.''
  The rights, reputation, and conduct of this Member are negatively 
affected when the House cannot move legislation that the American 
people and the vast majority of the Members of this House 
overwhelmingly support. 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 result in the loss 
of the family farm.
  Mr. Speaker, in 1997, the National Bankruptcy Review Commission 
recommended that chapter 12 be made permanent. Six times since that 
recommendation was made, Congress has ignored the advice of the 
National Bankruptcy Commission and has extended chapter 12 on a 
temporary basis rather than a permanent basis. I will admit that a 
permanent extension of chapter 12 has been included in the larger 
bankruptcy reform bill, but that bill is saddled with great 
controversy; and despite our efforts to pass it several times in the 
past 5 years, we still have not had success.
  Mr. Speaker, for 5 years now, family farmers have been held hostage 
by the contentious debate surrounding the larger bankruptcy issue. 
Right now, family farmers in my congressional district and in other 
congressional districts are making plans to borrow money based on next 
year's expected 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 temporary extensions do not do the job. Immediate 
consideration of H.R. 5348, the Family Farmers and Family Fishermen 
Protection Act of 2002, will give family farmers the permanent chapter 
12 bankruptcy protection they have been patiently waiting for for 5 
years.
  Mr. Speaker, let me finish by saying I represent over 600,000 
constituents, many of whom are family farmers. My rights and those of 
my constituents are being denied when urgent legislation that has the 
majority support is blocked from consideration simply because the 
leadership of this House will not schedule a vote for this bill. As a 
result, I believe this resolution meets the test of privilege.
  The SPEAKER pro tempore. The Chair is prepared to rule.
  As the Chair ruled earlier today, a resolution expressing the 
sentiment that Congress should act on a specified measure does not 
constitute a question of privileges of the House under rule IX.
  The mere invocation of legislative powers provided in the 
Constitution coupled with a desired policy end does not meet the 
requirements of rule IX and is really a matter properly initiated 
through introduction in the hopper under clause 7 of rule XII.

[[Page H6959]]

  Accordingly, the resolution offered by the gentleman from 
Pennsylvania does not constitute a question of the privileges of the 
House under rule IX and the point of order raised by the gentleman from 
Wisconsin is sustained.

                              {time}  1615

  The Chair would further add that the Chair understands the gentleman 
from Pennsylvania (Mr. Holden) purported to invoke a question of 
privileges of the House as opposed to a point of personal privilege.
  Mr. HOLDEN. Mr. Speaker, I am appealing the ruling of the Chair and 
ask to be heard on the appeal.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


              Motion to Table Offered by Mr. Sensenbrenner

  Mr. SENSENBRENNER. Mr. Speaker, I move to lay the appeal on the 
table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HOLDEN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 214, 
nays 202, not voting 15, as follows:

                             [Roll No. 435]

                               YEAS--214

     Aderholt
     Akin
     Armey
     Bachus
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--202

     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (TX)
     Harman
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--15

     Abercrombie
     Baker
     Deal
     Ehrlich
     Hastings (FL)
     Hilleary
     Hunter
     Lampson
     Mascara
     McKinney
     Pitts
     Roukema
     Sabo
     Stump
     Tanner

                              {time}  1635

  Messrs. DeFAZIO, HALL of Texas, and GEORGE MILLER of California 
changed their vote from ``yea'' to ``nay.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________