F. Sensenbrenner

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.

Mr. SENSENBRENNER

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.

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.

Mr. SENSENBRENNER. Mr. Speaker, I move to lay the appeal on the table.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5472) to extend for 6 months the period for which chapter 12 of title 11 of the United States Code is reenacted.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 5472, the bill currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I have a lengthy statement which I shall put into the Record; but, basically, this bill reenacts and extends chapter 12 of the bankruptcy code, which is a specialized form of bankruptcy relief for family farmers, for a period of 6 months from January 1, 2003 until July 1, 2003. Currently, chapter 12 expires on January 1 of next year. There is a permanent extension and recodification of chapter 12 and the conference report on H.R. 333, the bankruptcy reform legislation which the conferees have agreed on, but which have not been scheduled for House consideration, it is my hope that the House and the Senate will pass this conference report before adjournment; but, since we do not know when adjournment will be, and since we do not know whether there will be a lame duck session, this is an essential safety valve to keep chapter 12 in place should, for any reason whatsoever, the bankruptcy conference report fail enactment during the current Congress. So I would urge my colleagues to support this legislation. Mr. Speaker, I rise in support of H.R. 5472. This bill reenacts and extends Chapter 12 of the Bankruptcy Code--a specialized form of bankruptcy relief for family farmers--for a period of six months, from January 1, 2003 until July 1, 2003. This extension is necessary in light of the pending expiration of Chapter 12--due to occur on January 1st of next year. Chapter 12 was enacted on a temporary basis in 1986 in response to the financial upheaval farmers were facing at that time. Owing to the continued volatility of the agricultural market, Chapter 12 has been extended on several occasions over the years. The most recent extension was enacted as part of the Farm Security and Rural Investment Act of 2002, which became law last May. Without question, family farmers play a critical role in our nation's health and economic well-being. Unfortunately, recurrent bad weather, rising energy costs, unpredictable market conditions, and competition from large agribusinesses and overseas producers are just some of the economic forces experienced by family farmers across our nation. Chapter 12 addresses the special needs of family farmers by giving them the tools, under the protection of bankruptcy, to facilitate their financial rehabilitation. On the other hand, Chapter 12 is utilized infrequently. While total bankruptcy filings in each of the past six years surpassed more than one million cases, the number of Chapter 12 cases exceeded one thousand on only one occasion and that was back in 1996. In the absence of Chapter 12, family farmers may apply for relief under the Bankruptcy Code's other alternatives, although these generally do not work quite as well for farmers as Chapter 12. Nevertheless, Chapter 12 is important for family farmers and--to his great credit--my colleague from the Commonwealth of Pennsylvania (Mr. Gekas) should be commended for his leadership and unwavering efforts over the years to make this form of bankruptcy relief a permanent component of the Bankruptcy Code. As you know, the conference report on H.R. 333, the ``Bankruptcy Abuse Prevention and Consumer Protection Act,'' would not only make Chapter 12 permanent, but amend the current law to include many other significant farmer-friendly provisions. These provisions include the following. First, H.R. 333 would increase the debt eligibility maximum and require this cap to be automatically adjusted for inflation on a periodic basis. In addition, H.R. 333 would lower the income percentage limit so that more family farmers will be able to file for Chapter 12 relief. Second, H.R. 333 gives farmers more protections with respect to how they may treat the claims of creditors. For example, it allows certain tax claims to be reclassified in order to free up assets so that they can be sold. This will enhance a farmer's ability to propose a plan of repayment to creditors and help the farmer better effectuate his or her financial ``fresh start.'' Third, H.R. 333 prohibits a farmer from being required, under a modified plan of reorganization, to make payments that would leave the farmer with insufficient funds to maintain the farm's operations after all payments under the modified plan are made. In addition, H.R. 333--for the first time in the history of Chapter 12--would allow certain family fishermen to be eligible for this special form of bankruptcy relief. I ask all of you who say they support Chapter 12 and family farmers to put your words into action and support final passage of the conference report on H.R. 333. H.R. 5472 is good for family farmers because it ensures Chapter 12 will be available in the upcoming months while we continue our efforts to complete consideration of the bankruptcy conference report, which will provide even more protections for family farmers when enacted. Accordingly, I urge my colleagues to support H.R. 5472. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I notice that none of the Committee on the Judiciary Democrats decided to take the time to come to the floor to manage this legislation, and that the Democratic manager is someone who does not serve on the Committee on the Judiciary. Be that as it may, I appreciate the support for my bill. Mr. Speaker, I yield such time as he may consume to the gentleman from Pennsylvania (Mr. Gekas), who has spent much more time in the vineyards of trying to pass bankruptcy reform than our newfound convert over on the other side of the aisle.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, we would not be here today talking about Chapter 12 or the whole issue of bankruptcy reform had not former President Clinton pocket-vetoed the bankruptcy reform bill introduced by the gentleman from Pennsylvania (Mr. Gekas) in the last Congress, which passed both Houses, and then President Clinton decided that he would let the 10 days go by after the adjournment of Congress, and the bill did not become law because of a pocket veto. Because of that pocket veto, we have been struggling with bankruptcy reform again during this Congress. Now, the gentleman from Pennsylvania (Mr. Gekas) has been a leader since 1998 in bankruptcy reform. He introduced the first bill to make Chapter 12 permanent. He introduced a bill in the last Congress to make Chapter 12 permanent. He has been the principal author of the bill in this Congress to make Chapter 12 permanent. Now, maybe my other friend, the gentleman from Pennsylvania, maybe his farmers are a little different from Wisconsin farmers. Wisconsin farmers do not want to go bankrupt. Chapter 12 is not a very commonly used provision in the bankruptcy law, but it is a necessary provision in the bankruptcy law. I appreciate the recent interest of the gentleman from Pennsylvania (Mr. Holden) in this issue. Unlike the other the gentleman from Pennsylvania (Mr. Gekas), he has not introduced a single bill on Chapter 12. He has cosponsored one, but that was just very recently. So I hope that we can have a groundswell of support, and I welcome him aboard.

Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this resolution was introduced by our distinguished colleague, the gentleman from Nevada (Mr. Gibbons). The honoree, C. Clifton Young, was a Member of Congress representing Nevada and currently serves on the Nevada Supreme Court. He has had a remarkable career beginning in his childhood where he sold newspapers, was the local soda jerk, the valedictorian of his high school class, went to the University of Nevada at Reno, and was the only student with membership in both the University Singers and the college wrestling team. He joined the Army after college and served tours of duty in France, Germany and Austria and was honorably discharged as a major at the age of 23. He then went to Harvard Law School. I think that may have compromised his Western values a bit. But from there he went on to have over a half century of public service. He served two terms as Nevada's then lone representative in Congress. He was elected to the Nevada State Senate, following his service in Congress, and served 14 years there. And in 1984 he was elected to the Nevada Supreme Court and will have served 18 years until his retirement at the end of the year. He has been active in the Boy Scouts, the YMCA, and he also served as president of the National Wildlife Federation. I have a lengthy statement I will put in the Record, but I think that he is really an example of the American dream come true and an individual who returned many of his talents to his community, his State and his Nation, serving both in volunteer capacities and in the legislative and judicial branches of government. H. Res. 417 introduced by Representative Gibbons of Nevada, recognizes the career and efforts of former Member C. Clifton Young, Currently serving on the Nevada Supreme Court, Justice Young will be retiring from the Court at the end of this year when his term expires, thus completing a career which was comprised of decades of selfless public service. Justice C. Clifton Young prepared for his illustrious career growing up in Lovelock, Nevada, selling newspapers and Grit magazine, shining shoes, painting houses, and satisfying the community thirst in the hot Nevada plains as the local soda jerk. Even with all of these commitments Young graduated Valedictorian of his High School class. At the University of Nevada in Reno, Young remained active, becoming President of the Lamda Chi Fraternity, cadet commander of the campus ROTC, and was perhaps the only student with membership in both the University Singers and the college wrestling team. Young went on to join the army after college, and spent the next three and a half years in the Infantry of the 103rd Division. After serving tours of duty in France, Germany, and Austria, he was honorably discharged as a Major at the age of 23. After the war, Young went on to graduate from Harvard Law School. From there Young set in for the beginnings of what would become over a half century of public service. From a country public administrator, Young went on to become Nevada's then lone Representative in Congress, and over his two terms never missed a vote. In 1966 he was elected to the Nevada State Senate, where he served for 14 years. He was then elected in 1984 to the Nevada Supreme Court, where he will have served for 18 years upon his retirement. While engaged in all of these life activities, Young also found time to be active in the Boy Scouts, YMCA, and serve as President of the National Wildlife Federation. C. Clifton Young has given much to his community, and I support this resolution recognizing his public service. And let me just state that Justice Young deserves something back from the District of Columbia. You see, when he first came here with his wife back in 1952, full of the excitement of representing the people of Nevada, he was greeted by the District not with parades or fanfare, but instead by having his car stolen. We cannot replace his car, but we can support this resolution, which I urge all Members to do. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H. Res. 417.

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 417) recognizing and honoring the career and work of Justice C. Clifton Young.

Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume to the gentleman from Nevada (Mr. Gibbons).

Mr. SENSENBRENNER. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.

Mr. SENSENBRENNER. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill is necessary for the proper functioning of the Federal court system. The legislation addresses various judicial process matters, as well as personnel and compensation issues. I will briefly mention a few of the major provisions included in this legislation. The bill makes changes in places of holding court in order to alleviate hardships placed upon parties, jurors, lawyers, and judges that must otherwise travel great distances to participate. This will have a positive impact on the administration of justice. The bill will permit judges to submit annual summary reports on wiretap orders acted on during the previous calendar year, such as prosecutors do. This change would simplify the reporting requirements for the judges and their staffs without affecting the accuracy or timeliness of the reporting required by statute. The bill gives territorial judges in the District Courts of Guam, the Northern Mariana Islands, and the Virgin Islands comparable retirement arrangements as other judges. The bill includes the judicial branch personnel in the Organ Donor Leave Program, and provides Federal judges with protection against the malicious recording of fictitious liens. The manager's amendment makes only noncontroversial technical changes. Section 101 is amended to clarify that bankruptcy administrators in North Carolina and Alabama have the same authority as U.S. trustees to appoint bankruptcy case trustees, standing trustees, examiners, and committees of creditors and equity security holders. It also corrects several highly technical drafting errors. Finally, Mr. Speaker, section 204 authorizes the Director of the Administrative Office to establish a program of benefits not currently authorized by law. The Judicial Conference request for this authority is based on the conclusion that the health benefits provided for employees of the judicial branch need to be upgraded to attract and retain employees in future years. The Administrative Office intends to expand an existing cafeteria health benefit plan by adding a dental benefits program to it. The judiciary currently provides health benefit programs which involve the use of employee compensation contributions to medical savings accounts and long-term disability accounts. These health care costs can then be paid with pretax dollars. The dental program will require appropriated funds, and enactment of section 204 will allow the judiciary to seek funding for it from the Committee on Appropriations. The authority provided in section 204 is not intended to provide open-ended discretion to the Director of the Administrative Office to establish benefit programs. The Committee on the Judiciary and Committee on Government Reform will exercise their oversight responsibility on this program. Also, the Committee on Appropriations will have a significant role to play as appropriations are requested to continue and expand judiciary employee benefits in the future. I am assured that the Judicial Conference will work closely with the Congress as these programs progress in future years. Mr. Speaker, H.R. 4125 will greatly assist the Federal courts in their operation. This is noncontroversial legislation, and I urge my colleagues to support it. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4125) to make improvements in the operation and administration of the Federal courts, and for other purposes, as amended.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and to include extraneous material on H.R. 4125, the bill under consideration.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, since September 11 last year, life has taken on new meaning. For some, that day's devastation has caused them to become more cynical, changed by the events of a few hours. For others, each day since then has taken on more significance as they realize what it means when people say that you can't take life for granted. But for all of us the memories of that day will live on as we not only think about the people trapped in the World Trade Center, the Pentagon, and the hijacked planes, but also remember their loved ones who were helpless to prevent the tragedies. As the President said in his Proclamation earlier this month, ``Those whom we lost last September 11 will forever hold a cherished place in our hearts and in the history of our Nation. As we mark the first anniversary of that tragic day, we remember their sacrifice; and we commit ourselves to honoring their memory by pursuing peace and justice in the world and security at home.'' Life after September 11 took on new meaning for Members of Congress too. We reacted by changing our priorities, and began work on legislation to respond to that day's horrific events. One of the first things we did was pass legislation authorizing the use of US Armed Forces against those responsible for the attacks. Since then, Congress passed numerous bills dealing with the issues that are widely believed to have allowed the events of September 11 to occur. They include: beefing up airline security, strengthening our nation's borders, restructuring the Immigration and Naturalization Service to make it a more efficient agency, and passing the USA-PATRIOT Act to improve information sharing between law enforcement and intelligence communities. More recently, the House passed legislation to create a new Department of Homeland Security in response to the President's request for a flexible, effective department, with the singular mission of protecting our nation. Financially, we have also passed legislation to provide the Department of Defense with the resources it will need to address the new challenges that now face the nation. Many individuals have changed their priorities too. Spurred by our war against terrorism and the words of the Administration and various law enforcement agencies, Americans have begun to pay more attention to their surroundings and take better note of anything that appears out of the ordinary, particularly in airports. Gone are the days when one can easily dismiss peoples' errant behavior as harmless without making sure that that is indeed the case. As we learned, the price to pay for not checking can be awfully steep. After the events of that Tuesday, life in Washington, DC, returned to some semblance of normalcy. Yet, a year later, although life appears the same as always, there is a difference. Certainly, Congress is in the middle of its appropriations debates as it almost always is this time of year and Republicans and Democrats are embroiled in many of the same arguments that typically take place around now. However, there is now an underlying sense of wariness in our nation that didn't exist before-- but this is good, as it shows that we have learned from last year's events. It demonstrates that as a nation, we have grown. September 11, 2001, wasn't that long ago, but America has lived a lifetime in the year since that fateful day.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr. Boehner), the distinguished chairman of the Committee on Education and the Workforce.

Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Gekas).

Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from North Carolina (Mr. Coble).

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I yield myself 2 minutes. The gentleman from Massachusetts (Mr. Markey) thunders away about the Republican solution to the problem of escalating medical liability insurance premiums. He is entitled to his opinion. But the Democrats have no solution at all. They would like to continue the present system. They would like to see these rates skyrocket. They would like to see physicians close their practices or go into other specialties. They would like to see OB-GYNs be priced out of the market. They would like to see clinics in rural areas closed, and they would like to see the affordability and the accessibility of health care to poor people shrink. I figured out how much the patient ends up having to pay. In the State of Mississippi, an OB-GYN can be charged as much as $110,000 a year this year for professional liability insurance, based upon 2,000 billable hours per year. Based upon 2,000 billable hours per year, a half an hour visit to that OB-GYN, the first $27.50 of whatever that doctor charges the patient goes for that patient's share of the doctor's professional liability insurance premium, and everything else that the doctor charges ends up being used to pay the doctor's other expenses as well as to allow the doctor to take some money home to support himself or herself and their families. So all of these costs end up getting passed on to the patients, and if you want to complain about the high cost of health insurance, the way to start doing something about it is to pass this bill so that doctors do not have to pay through the nose for professional liability insurance. Mr. Speaker, I yield 3 minutes to the gentlewoman from Pennsylvania (Ms. Hart). (Ms. HART asked and was given permission to revise and extend her remarks.)