Chris Cannon

Mr. CANNON

Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I appreciate the gentleman's concerns and would point out if he had more time with the bill, if the staff had gotten it to him earlier today, I suspect he would have seen that many of the suggestions he has made here or suggestions he has read from the Department of Justice document have actually been taken into account. Misleading, for instance, is one of the terms that has been adjusted because it is very difficult to deal with. The question here is are we going to let the perfect be the enemy of the good. This is a bill that is very important to the American people. If you are a divorcee and your husband is harassing you and he is using a fake phone number to do it, you do not want to wait until next session. You want the bill passed now so that your former husband is going to be more careful and not abuse you and your children and maybe not subject you to injury or harm. I suggest that those people that are using spoofing need to be told today that this is inappropriate, and I urge passage of this bill. Mr. Speaker, I yield back the balance of my time.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 3821) to authorize certain athletes to be admitted temporarily into the United States to compete or perform in an athletic league, competition, or performance.

Mr. CANNON. 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 S. 3821, currently under consideration.

Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume, and I rise in support of Senate 3821, the COMPETE Act of 2006. S. 3821 would allow minor league professional athletes and certain performers to utilize the P-1 visa category. The P-1 visa category allows internationally recognized performers, including athletes, artists and entertainers, to temporarily enter the U.S. for a specific event, competition or performance. To date, Citizenship and Immigration Services has interpreted the Immigration and Nationality Act in such a way that only allows major league professional athletes to utilize the P-1 visa category. Minor league baseball and hockey players and some professional performers have been forced to utilize the H-2B visa category, which is capped at 66,000 visas annually and has been oversubscribed in recent years. Many minor league baseball and hockey teams attempt to bring in new players at times of the year when the numerical cap has already been reached for H-2B visas. Ice skaters who perform in special events in the United States find themselves in a similar predicament. Ice shows are planned many months in advance, but when ice skaters are recruited for these shows, H-2B visas are not always available. This legislation would also allow ice skaters performing in theatrical ice productions to use the P-1 visa category. The United States is the pinnacle showground for most athletes and performers. It is where the best athletes and performers come to display their talents and skills. By moving minor league athletes and ice performers to the P-1 category, sports leagues and production teams will be able to recruit the most talented individuals from around the world and thus continue America's tradition of excellency in the professional sports arena. I urge my colleagues to support Senate 3821. Mr. Speaker, I reserve the balance of my time.

Mr. CANNON. Mr. Speaker, with the admonition to my colleagues to support this bill and pass it, I yield back the balance of my time.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 4042) to amend title 18, United States Code, to prohibit disruptions of funerals of members or former members of the Armed Services.

Mr. CANNON. 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 materials on S. 4042, currently under consideration.

Mr. CANNON. Mr. Speaker, I yield myself such time as may consume. Mr. Speaker, I rise in support of Senate 4042, which expands existing law prohibiting certain demonstrations at military funerals. The men and women of our Armed Forces risk their lives every day to preserve America's freedom. Military funerals honor our veterans and those who have made the ultimate sacrifice for our country. Funerals are solemn occasions for family and loved ones to grieve their loss. Military funerals are important ceremonies for Americans to show their respect and gratitude for our fallen heroes. Yet, these dignified, peaceful ceremonies are being disrupted by political demonstrations. In the last year, a fringe religious group known as Westboro Baptist Church has disrupted more than 100 military funerals across the country, claiming that the deaths of U.S. soldiers in Iraq and Afghanistan are God's punishment for America's tolerance of gays and lesbians. Over the past 15 years, Westboro Baptist Church has staged over 22,000 demonstrations nationwide. Mr. Speaker, as Congress considers this legislation today, the Westboro Baptist Church is again staging protests to disrupt the funerals of Lance Corporal Michael A. Schwarz in New Jersey and Lance Corporal James R. Davenport in South Carolina. On behalf of the American people, I want to extend my sincere apologies to the families of these soldiers, and to reassure our military servicemembers and their families that such demeaning and disgusting displays will never occur again. In May, the President signed into law H.R. 5037, the Respect for America's Fallen Heroes Act, which prohibits demonstrations at Arlington National Cemetery and other cemeteries under the control of the National Cemetery Administration. Approximately 650,000 funerals are conducted each year for our veterans and Active Duty military; however, only 90,000 of these are held at the Nation's 121 Federal cemeteries. Many veterans and servicemembers are laid to rest at private cemeteries. S. 4042 will expand the current law to all military funerals to ensure that all are afforded the utmost respect and dignity. S. 4042 prohibits any person from intentionally disrupting or impeding access to a military funeral. An offense under this section is punishable by a fine of up to 1 year in jail. This bill is clearly constitutional as its predecessor was under Congress' broad authority under Article I, section 7 to raise and support armies. Congress has the authority to support America's soldiers by acting to preserve the dignity of their funeral ceremonies. This bill is modeled after an ordinance upheld by the Supreme Court as a constitutional time, place, and manner restriction. The Senate passed S. 4042 yesterday by unanimous consent. I urge my colleagues to support this bill. Mr. Speaker, I reserve the balance of my time

Mr. CANNON. Mr. Speaker, I have no further speakers.

Mr. CANNON. Mr. Speaker, I would like to yield to the gentleman from Indiana (Mr. Buyer) such time as he may consume.

Mr. CANNON. Mr. Speaker, I would just like to make a couple comments. I thank Mr. Conyers for his very gracious response, and want to point out that Mr. Buyer was a member of the Judiciary Committee, and himself is a scholar on these issues, and obviously emotional and concerned as he has been an active member of the military and continues, I believe, in the Reserve. And so I want to thank him for his comments and recognize the intensity of his feelings. Mr. Speaker, I urge my colleagues to support this measure, and I yield back the balance of my time.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6427) to increase the amount in certain funding agreements relating to patents and nonprofit organizations to be used for scientific research, development, and education, and for other purposes.

Mr. CANNON. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 6427 currently under consideration.

Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 6427 and urge its adoption by the House. The bill changes the way a particular royalty formula under the Bayh- Dole Act. This is the landmark 1980 law that governs protection of patented inventions developed with the assistance of Federal funding. In brief, H.R. 6427 allows small government-owned, contractor-operated laboratories and their affiliated universities or nonprofits to receive a fair percentage of revenue from a successful patent that they license. The bill produces an equitable result for small entities that perform important research in a number of scientific fields, all of which benefits the American people. I commend the gentleman from Iowa (Mr. Latham) for his work on this issue; I urge the House to pass H.R. 6427 for expeditious consideration by the other body. Mr. Speaker, I reserve the balance of my time.

Mr. CANNON. Mr. Speaker, I am pleased to yield so much time as the gentleman from Iowa (Mr. Latham) may consume.

Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume. I would just like to say that at an earlier phase of my life I had the great privilege of working with the people who helped develop these policies that allowed for the privatization of Federal R&D. This is a simple bill that makes enormous sense and the underlying bill that it amends has resulted in massive improvements in the lives of all Americans. This is a sensible adjustment to that, and I suggest that all of our colleagues support this reasonable bill Mr. Speaker, I yield back the balance of my time.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I rise in support of S. 3546, the Dietary Supplement and Nonprescription Drug Consumer Protection Act. I am the sponsor of the companion bill, H.R. 6168, here in the House. S. 3546 would require mandatory adverse event reporting of serious events for dietary supplements and over-the-counter drugs, OTCs, within the FDA. Currently, an adverse event reporting system for supplements and some OTCs exists, yet it is strictly voluntary. Under the proposed system, manufacturers, packers or distributors of OTC drugs or dietary supplements in the United States must report to the FDA within 15 business days any serious adverse event associated with their products. Serious events include those that result in death, a life-threatening experience, inpatient hospitalization, disability or incapacity, birth defect, or medical/surgical intervention to prevent one of these outcomes. S. 3546 brings needed regulation to guarantee consumer protection from non-legitimate companies. This legislation will expose corrupt businesses that are misleading consumers and breaking the law, as well as protecting individuals from serious health risks. S. 3546 would not restrict nor limit access to dietary supplements but in fact would strengthen the regulatory structure for dietary supplements building greater consumer confidence in this category of FDA-regulated products. Mandatory adverse event reporting would not affect the regulation of dietary supplements under DSHEA. Although manufacturers would be required to report serious adverse events to FDA, the Food Drug and Cosmetic Act clearly distinguishes dietary supplements from drugs. S. 3546 would actually counter critics who believe dietary supplements are under-regulated and should be treated as drugs. The dietary supplement industry is a $20 billion industry. It is estimated that over 60 percent of Americans regularly use dietary supplements to improve health. Consumers should be confident that these dietary supplements are legitimate. S. 3546 is supported by the major consumer and trade associations. Including the Consumer's Union, the Center for Science in the Public Interest, the Consumer Healthcare Products Association, the National Nutritional Foods Association, the Council for Responsible Nutrition, the American Herbal Products Association, and the United Natural Products Alliance. The Dietary Supplement and Nonprescription Drug Consumer Act is necessary legislation to safeguard Americans and uncover illegal manufacturers who are jeopardizing consumer's health.

Mr. CANNON

Mr. CANNON. Mr. Speaker, the debate before us centers on what the legitimate roles of Congress and the Executive Branch are in terms of foreign policy and intelligence gathering matters. It is an issue that strikes at the heart of the Constitution. I The Constitution leaves little doubt that the President is expected to have the primary role of conducting foreign policy, but Congress has a role and the debate today indulges us in defining that role. The language that I offered at the Judiciary Committee and is included in the Substitute Amendment does not delve into the Constitutional relationship between the Congress and the Executive. The language deals with an issue of fairness. It deals with the issue of whether individuals or companies that comply with government orders are liable to third parties for following these orders. The purpose of this language is to eliminate the 60 plus lawsuits that have been filed because companies complied with government orders. Absent an effective immunity provision that allows a company to avoid these legal quagmires, an individual or company will be reluctant to cooperate with any authorized government surveillance program and that will severely undercut this country's terror-fighting capabilities and the safety of our constituents. Should these claims proceed to judgment, the financial liabilities could add up to hundreds of billions of dollars--enough to destroy any industry. Although I do not believe the suits will succeed the defense costs alone will be considerable. But what is worse is the chilling effect on compliance for future requests. We can argue what the law is but we all agree that we should encourage compliance with our laws. The language in the Substitute amendment will separate questionable litigation from a national security imperative and focus our attention where it should be, which is what is Constitutionally allowed. If the overall program is illegal or unconstitutional that is for us and the Courts to decide. Judges, who are sought out in a forum shopping frenzy, should not issue decision's that could undermine our protection from a future terrorist attack and reveal classified sources or methods. If you oppose the program administered by this Administration; if you don't believe in the Constitutional theories regarding the Executive's authority--that is an issue for discussion; that is our right as Members of Congress to debate. But it is irrelevant to Section 10 which will merely provide liability protections for compliance with a certification from the Attorney General. I urge support of this legislation.

Mr. CANNON

Mr. CANNON. Mr. Speaker, the Committee on the Judiciary recognizes that the courts, United States Trustees, and chapter 7 trustees have responsibilities in all chapter 7 cases, including cases where the filing fees are waived under 28 U.S.C. section 1930(f). The bill before the House would amend the act to permit a court to waive an additional $40 of the filing fee designated for payment to the trustee, under specified circumstances. This would be in addition to provisions under current law that permit a court to waive the entire filing fee for qualified low income debtors under specified circumstances. The committee is aware that such waivers could have an impact on the courts, the United States Trustees, and chapter 7 trustees. Accordingly, the courts and U.S. Trustees should closely monitor the impact of such waivers on those entities dependent on fee income and should report to the Congress.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I rise today in support of H.R. 2069, the Utah Recreational Land Exchange Act of 2006, which is also cosponsored by Congressman Matheson and Congressman Bishop. Mr. Speaker, this legislation is the culmination of years of hard work, compromise, and determination involving the Utah School and Institutional Trust Lands Administration, the Counties, the environmental community, the recreation community, the Department of the Interior and of course the Resources Committee staff. H.R. 2069 authorizes the exchange of approximately 45,000 acres of Utah State school trust lands within and near Utah's Colorado River corridor for approximately 40,000 acres of Federal lands in eastern Utah. This is an equal value exchange that guarantees that the school children of Utah will finally benefit from lands they own. The Colorado River Corridor is a uniquely scenic area that includes such treasures as the Corona and Morning Glory arches, the Westwater wilderness study area, the Kokopelli and Slickrock trails, the watershed for Castle Valley, the Sand Wash rafting site, and thousands of other acres of red rock beauty. H.R. 2069 will transfer these lands, which are owned by Utah's school children, to the Bureau of Land Management. Congress established Utah's school trust lands upon statehood for the specific purpose of generating income for Utah's school system. Therefore, in exchange for these beautiful areas, Utah's school children will receive mineral development lands in eastern Utah to provide a much needed revenue stream for the Utah school system. H.R. 2069 is a balanced piece of legislation that will allow the Bureau of Land Management to fulfill its management mandates along the Colorado River as well as benefit Utah's school children. Revenue from Utah school trust lands--whether from grazing, surface leasing, mineral development or sale--will be placed in the State School Fund, which is a permanent income-producing endowment for the support of Utah's public education system. H.R. 2069 is an equal value exchange that sets out a transparent and fair appraisal process. Appraisals will be conducted by jointly selected independent appraisers and pursuant to established law and regulations. The Federal Government will retain its current interest in the minerals conveyed to the State and those revenues will be utilized to purchase lands in Utah in the future. The bill also includes public notice provisions to insure that the public is aware of the status of the exchange process. Madam Speaker, as you are aware, Utah has a long history of working hard to consolidate our school trust lands in a way that allows us to fund our public education system. We are confident and hopeful that H.R. 2069 acts as a blueprint for future exchanges so the people of Utah can continue to receive the revenue they were promised upon becoming a state. I would like to take a moment to thank the staff that worked on this bill. Personally, I would like to thank from the Committee on Resources: Doug Crandall, Matt Miller and Todd Willens of Chairman Pombo's staff, and Jim Zoia and Rick Healy of Mr. Rahall's staff; from the Leader's office Anne Thorsen, Greg Maurer and Jay Cranford; and from my staff Rachel Dresen for all their work on this legislation. I urge my colleagues to support this exchange which is a win for America's Federal lands and is a win for Utah's school system.

Mr. CANNON

Mr. CANNON. Mr. Speaker, the President of the Republic of Kazakhstan, His Excellency Nursultan Nazarbayev, will arrive on an official visit to the United States on September 27, 2006, and it is my honor to welcome this distinguished leader to Washington. After the collapse of the Soviet Union in 1991, President Nazarbayev inherited a weak economy and the world's fourth largest nuclear arsenal. While Kazakhstan could have become an immediate nuclear superpower and resolved its economic concerns through military might, President Nazarbayev instead chose a path that included economic and democratic reforms, and Kazakhstan is now one of the most stable and prosperous nations in Central Asia. For the past six years, Kazakhstan has enjoyed a 10 percent annual growth in its GDP. Kazakhstan also became the first country in the Commonwealth of Independent States to be granted market economy status by the United States. Today, more than 300 US companies account for the largest share of Foreign Direct Investment in Kazakhstan. By 2015, Kazakhstan is expected to be one of the top ten oil producers and exporters in the world, with reserves comparable to Kuwait's. Now more than ever we need a reliable energy partner which has proven to be a friend and ally of the United States. It is appropriate now for the United States to deepen our strategic partnership with Kazakhstan. President Nazarbayev's visit is timely. During the course of his visit, it is my hope that we will use this opportunity to set a long- term agenda for closer cooperation with Kazakhstan. This year, Kazakhstan will celebrate its 15th anniversary of independence, and I join my colleagues in congratulating the people and government on this important occasion. Kazakhstan's path to democracy and independence has not been easy, but its progress is impressive. I commend President Nazarbayev for his leadership and friendship with the United States, and I remain committed to furthering our partnership.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I rise today to introduce the Mobile Workforce State Income Tax Fairness and Simplification Act of 2006. The issues addressed by this legislation impact many thousands of individuals and businesses every year in our country. My purpose in introducing this bill is to begin a discussion on these important issues. In today's economy, many individuals are required to travel outside of their state of residence to engage in business. Most of these trips are for a brief duration as the employee works in a non-resident state for a short time and then returns to his/her state of residence. Despite the brief presence these individuals may have in non-resident states, many states impose a personal income tax on individuals and a corresponding withholding obligation on employers. States currently have widely inconsistent standards for such individuals to file non- resident personal income tax returns, and inconsistent requirements for employers to withhold income taxes on these employees. Concerns have been raised that the vast majority of individuals are not aware of these varied state filing requirements. Concerns have also been raised that many employers do not have payroll systems that track employee travel and are consequently required to incur extraordinary and inappropriate expenses to attempt to comply with these various withholding requirements. A uniform, fair and easily administrable law to address these issues, including appropriate de minimis rules would appear to ensure that the correct amount of income tax is paid without placing an undue burden on individuals or employers. Any solution to these issues would continue to provide full taxation of an individual's wages in a resident state to the extent the resident state determines to impose an income tax on its residents.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I ask unanimous consent that the ordering of the yeas and nays on adoption of House Concurrent Resolution 454 be vacated, to the end that the concurrent resolution be laid upon the table.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate bill (S. 3693) to make technical corrections to the Violence Against Women and Department of Justice Reauthorization Act of 2005, and ask for its immediate consideration in the House.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I ask unanimous consent that the business in order under the Calendar Wednesday rule be dispensed with on Wednesday, September 6, 2006.