Chris Cannon

Mr. CANNON

Mr. CANNON. Mr. Chairman, I yield back the balance of my time.

Mr. CANNON. Mr. Chairman, I think we have made a good start with this amendment, and it is my intention to schedule hearings as early as possible this year on issues presented by corporate bankruptcies and their impact on workers and retirees and to consider measures that could begin to address the problem in a more systematic way.

Mr. CANNON. Mr. Chairman, I thank the gentleman for his work on the amendment, and I would like to continue to work with him. In particular, I would like to consider how this issue, while it might be clarified, given the complexity of the issue, I would recommend that our subcommittee consider possible solutions either formally perhaps through a hearing process or informally, and I would certainly hope that we could do so in time to fine-tune our amendment while the bill is in conference.

Mr. CANNON. Mr. Chairman, will the gentleman yield?

Mr. CANNON. Mr. Chairman, I yield such time as he may consume to the gentleman from Massachusetts (Mr. Delahunt).

Mr. CANNON. I yield to the gentleman from Wisconsin.

Mr. CANNON. Mr. Chairman, this amendment which I jointly propose with my colleague from the Commonwealth of Massachusetts (Mr. Delahunt) responds to several significant issues presented by the recent bankruptcies of Enron, WorldCom, Global Crossing, and others. First, it would provide heightened protections for employees by increasing the monetary cap on wage and employee benefits. Mr. Chairman, I have an amendment made in order by the rule and ask for its immediate consideration. This amendment, which I jointly propose with my colleague from the Commonwealth of Massachusetts (Mr. Delahunt) responds to several significant issues presented by the recent bankruptcies of Enron, WorldCom, and Global Crossing. First, it would provide heightened protections for employees by increasing the monetary cap on wage and employee benefit claims entitled to priority under the Bankruptcy Code from $4,650 to $10,000. In addition, it would lengthen the reachback period for wage claims from 90 days to 180 days. The second provision of the amendment benefits employees and creditors alike. It increases the reachback period during which fraudulent transfers can be rescinded from one to two years and provides that outrageous compensation payments, bonuses and other perks given to a corporation's insiders during the reachback period can be rescinded and the payments returned to the bankruptcy estate for distribution to its employees and creditors. The third component of this amendment requires the court to reinstate retiree benefits that a corporate debtor modified within the 180-day period preceding the bankruptcy filing, unless the balance of the equities justifies the modification. These provisions reflect sound bankruptcy policy and effectuate meaningful reforms. I urge my colleagues on both sides of the aisle to support this amendment.

Mr. CANNON. Mr. Chairman, I yield myself such time as I may consume. (Mr. CANNON asked and was given permission to revise and extend his remarks.)

Mr. CANNON. Mr. Chairman, I offer an amendment.

Mr. CANNON. Mr. Chairman, I thank the gentleman from Wisconsin (Chairman Sensenbrenner) for his infinite work on this bill and hope that we bring it to fruition today. Let me just comment on the comments just made recently about the source of most bankruptcy. Most people who take up bankruptcy have legitimate reasons. It is either because of loss of employment; or, secondarily, as the gentlewoman from California (Ms. Lofgren) mentioned, for medical purposes. I believe that this bill leaves those people with the same recourse they have, but it is intended to bring to bear the law on those who would use and abuse the bankruptcy system. The House has worked for nearly 6 years perfecting this legislation, and less than 4 months ago passed virtual identical language by a resounding vote of 244 to 116. When this effort first began, America faced a startling rise in bankruptcy filings. The problem has grown only worse as we have labored to confront ever burgeoning filing and increasingly flagrant abuse of the bankruptcy code. Just last month, the Administrative Office of the United States Courts reported that the number of bankruptcy filings in the latest 1-year period again has broken all previous records. During calendar year 2002, nearly 1.6 million bankruptcy cases were filed, reflecting an increase of approximately 6 percent over the prior year. The gentleman from Wisconsin (Chairman Sensenbrenner) and 50 original co-sponsors introduced H.R. 975 on February 27. The bill improves bankruptcy law and practice by restoring personal responsibility and integrity to the bankruptcy system and by ensuring that both debtors and creditors are treated fairly. In addition to consumer business and bankruptcy law reforms, H.R. 975 includes an extensive array of provisions ranging from implementing an entirely new form of bankruptcy relief to deal with the complexities of transnational insolvencies to extending special protections to family farmers and fishermen. The bill has been carefully through three Congresses, by the Committee of the Judiciary, the House, the other body, three conference committees, and ultimately again in the House. There have been some 18 hearings before the subcommittee which I chair and a full committee, at which more than 130 witnesses have testified. I challenge any Member of this body to point to another topic which has been so thoroughly and completely examined by Congress. Everyone here recognizes the problem. No one disputes the severity of the current bankruptcy crisis; but, Mr. Chairman, the time for deliberation is over. The time has come to act. We can no longer expect long-suffering American businesses and consumers to wait for meaningful bankruptcy reform. I urge support for H.R. 975.

Mr. CANNON

Mr. CANNON. Mr. Speaker, I rise today to honor Mr. Richard Judd for his devotion and his dedication to public power and the residents of Utah. Mr. Judd has led the development and success of the Utah Municipal Power Agency (UMPA) and has set the benchmark for the level of service and professionalism that residents living in public power communities in Utah have come to expect. At the end of this year, Richard Judd will retire as General Manager of UMPA and his presence will be sorely missed. Since 1970, Mr. Judd has played a key role in the development of public power throughout Utah. He started his career with Bountiful City Power in 1970, where he was trained and certified as a Journeyman Electric Utility Lineman and later promoted to crew supervisor. While at Bountiful City Power, Mr. Judd also served as the Employees' Association President. In 1980, Mr. Judd became the Power Department Supervisor at Nephi City Power. There he was given the responsibility of creating a new department. He hired staff, established policies and procedures, and coordinated all improvements to the city's power system. While at Nephi City Power, Mr. Judd served in the organization and development of the Utah Municipal Power Agency, a joint action agency for six public power cities in Utah. He was made General Manager of the agency in 1987. Under the direction of Mr. Judd, UMPA set the standard for public power agencies in providing efficient service, a stable power supply, and a commitment to its member cities. During the recent energy crisis that plagued western states, UMPA members were the only utilities in the state and the greater western region that did not raise retail rates as a result of the outrageous market prices. Through committee testimony and service on energy task forces, Mr. Judd has provided expert knowledge to the Utah State Legislature and the Governor of Utah. As an unselfish supporter of public power, Mr. Judd has distinguished himself throughout his career as a devoted employee, an innovator, and a skillful leader. Therefore, I am proud to join with his many colleagues in extending my praise and congratulations to Richard Judd for his dedicated service to public power communities throughout the great state of Utah. I extend my most heartfelt good wishes for all his future endeavors.

Mr. CANNON

Mr. CANNON. Madam Speaker, I thank the gentleman from Florida, and I would now yield to the gentleman from North Carolina (Mr. Price).

Mr. CANNON. Madam Speaker, I would like to thank my friend and colleague, the gentleman from Virginia (Mr. Moran), for his kind words with regard to my dear friend, Mr. Owens. Madam Speaker, I would like to yield to the gentleman from Florida (Mr. Davis).

Mr. CANNON. As the gentleman from New Mexico (Mr. Udall) knows, my first job as a lawyer, Madam Speaker, was with his father working on these very cases that we are talking about. It was one of the great experiences of my life, and it is one of many of the areas where Congressman Owens and I had a great deal in common. I came to represent many of the people who were effected by the radon from the uranium mines. In fact, there is a whole town of widows, Minersville, Utah, which was part of my district until recently. So this has been a very important part of my life and one of reasons I appreciate the life and service of Mr. Owens. Madam Speaker, I yield to the gentleman from Virginia (Mr. Moran).

Mr. CANNON. Madam Speaker, I thank the gentleman from North Carolina for his kind comments and now yield to the gentlewoman from California (Mrs. Capps).

Mr. CANNON. Madam Speaker, I thank the gentleman from Utah (Mr. Matheson) for his kind words and for his help in organizing this event for Congressman Owens, who preceded him sometime ago in his Second District of Utah. The last time I spent some time with Wayne Owens was the evening of one of the sniper attacks in northern Virginia here and the freeways were shut down. Wayne and I flew in together and shared a taxicab into town and I had the pleasure of spending 2 hours with him. The nice thing is the government only paid the normal fee because we split the taxicab fee, but it was one of the more pleasant periods of time I have spent. We talked about many issues and talked about many things. We talked about the issues we had worked together on and the issues we disagreed on. It was a fine experience from my perspective. The gentleman from Utah (Mr. Matheson) mentioned that Wayne Owens was a person who caused you to work. I worked for Wayne Owens when he was a professor of law and I took a class from him. I worked against him in some of his campaigns. I was wondering about the 12-year-old and whether I was actually engaged or not. I think, in fact, I am a little older than the gentleman from the Second District, and will have to do the math later to see who had known Mr. Owens longer. He was a dear friend for as long as I can remember. We did work against each other on campaigns. We both suffered through a remarkable experience of investigating a President, and he and I developed a deep bond of shared experience there. We both worked together on the downwinders issue. That was my first job in law school, was working on that issue with the father of the gentleman from New Mexico (Mr. Udall), Stewart Udall. And it was wonderful that Wayne picked that up and made that work. We both shared a deep, deep love for the beautiful public lands of Utah. He traveled those lands, I traveled those lands, yet we had very distinct differences on how those should be managed. We shared a kinship, however, based upon one of the things that became a hallmark of his life, and that was, from my perspective, wonderful. He was a friend. I am richer from my experience in knowing Wayne Owens, and we as an institution and as a country are poorer for his passing. I would like Marlene and the children and grandchildren to know how much we cared for him. I hope that this hour that we have spent talking about him will help them understand the deep, deep effect he had on our lives and on the course of American history, on the course of how we deal with our public lands and how we deal with individuals.

Mr. CANNON. Mr. Speaker, I ask unanimous consent that Members have 5 days to submit tributes to their former colleague.

Mr. CANNON. Mr. Speaker, as dean of the Utah delegation, it is my sad duty to announce to the House the passing of the Honorable Wayne Owens, a former Member of this body and a good friend to many of us. Wayne died unexpectedly just before Christmas of a massive heart attack while walking on the beach in Tel Aviv, Israel, at the conclusion of a peace-seeking trip to several countries in the Middle East. He was only 65 years old. That Wayne Owens would be involved in that kind of activity as his life ended is no surprise to those of us who knew him. He spent a significant part of his life trying to bring about accommodation of the interests and passions plaguing that part of the world. Wayne Owens served in this House from 1973 to 1975 and again from 1987 to 1993, representing the people of the Second District of Utah. His political career inspired a generation of young people with his political idealism. He was a Democrat and he and I differed on many policy issues, but we never disagreed on the need for the involvement of the electorate, and especially young people, in the art and science of making law. In fact, I might say that while we disagreed on almost every issue, he was never, and I hope I also was never, disagreeable. In the House, Wayne served on the Committee on the Judiciary, and we had parallel careers in that he investigated one Republican President and I, early in my career, investigated another Democratic President. Later, he served on the Committee on Foreign Affairs, and it was his service there that led to his lifelong concern for the people of the Middle East and to his efforts to mediate their conflicts. He created the Center for Middle East Peace and Economic Cooperation to assist in that effort. At the funeral service held for Wayne Owens, Gordon B. Hinckley, president of the Church of Jesus Christ of Latter Day Saints, said of him: ``Any man who is engaged in the cause of peace is engaged in the cause of Christ. By that measure, Wayne was a true Christian.'' The world is poorer for his passing. I join my colleagues in extending to his wife, Marlene, and his children and grandchildren our deepest sympathy for his loss, and our profound respect for their husband, father, and grandfather. We will miss him. General Leave

Mr. CANNON. Madam Speaker, I thank the gentlewoman from Ohio. If I might make a couple of comments on things she said. I was thinking during this discussion that Mr. Owens spent a tenth of his life as a Mormon missionary. That is a remarkable commitment. Three years as a missionary and another 3 years as a mission president for the Church of Jesus Christ of Latter Day Saints. In addition, the gentlewoman mentioned he could have easily spent his time on a ski slope. And in fact, in Utah, with all due respect to some of the other States who pretend, we actually have the best skiing in the world. So he could easily have taken advantage of that. In fact, I was talking to the gentleman from Wisconsin (Mr. Obey) a few moments ago, who will speak in a couple of minutes, in fact I think he is next, and he mentioned how healthy Wayne was. The fact is he was a healthy, robust, happy, thoughtful person who could have spent his life skiing or doing other things that he would have enjoyed and I know he did enjoy. But rather than do that, he chose to do things that were difficult, that were very difficult, and, frankly, very important. Madam Speaker, I yield to the gentleman from Wisconsin (Mr. Obey).

Mr. CANNON. Madam Speaker, I thank the gentleman from Wisconsin. I did not think about it until he spoke, but it occurs to me that he did not spend a tenth of his life doing missionary work, but when we consider the religious zeal he brought to the Middle East, it was probably more like two-tenths or a third of his life in these difficult and selfless aspirations. Madam Speaker, I now yield to the gentleman from Utah (Mr. Matheson).

Mr. CANNON. Madam Speaker, I want to thank the gentleman from Florida (Mr. Wexler) for his kind words. I will submit for the record a statement by the gentleman from California (Mr. Berman). If I may take a moment to summarize what the gentleman from California (Mr. Berman) said. His ideas are important. The gentleman from California (Mr. Berman) served with Mr. Owens in the House and pointed out in his comments that Mr. Owens was remarkable for the broad range of issues with which he dealt. He goes on to say that Mr. Owens was a very effective legislator, and after he left Congress that he was deeply involved in the Middle East peace process. One of the reasons why he was so effective, according to the gentleman from California (Mr. Berman), is that all sides accepted him as an honest broker. And finally, he never stopped believing that peace was possible even in the most difficult times recently in the Middle East. Madam Speaker, I yield to the gentleman from New Mexico (Mr. Udall).

Mr. CANNON. Mr. Speaker, I first would like to thank the gentleman from New York (Mr. Hinchey) for his comments. He and I worked closely together on issues that he has picked up on, public lands in Utah, from Mr. Owens; and I want to thank him for his kind words to our colleague. Mr. Speaker, I yield to the gentleman from Florida (Mr. Wexler).

Mr. CANNON. Mr. Speaker, I yield to the gentleman from New York (Mr. Hinchey).

Mr. CANNON. Madam Speaker, I thank the gentlewoman for her kind words. It dawned on me during her discussion that Congressman Owens has been away from this body for 8 years; and yet many, many people have taken time at an awkward hour, on an important day, to express their appreciation for him and his work, and I hope that this is the kind of thing that his family will appreciate and understand and understand the depth of the value he brought to this institution. Madam Speaker, I would yield to the gentlewoman from Ohio (Ms. Kaptur).

Mr. CANNON

Mr. CANNON. Mr. Speaker, I rise today in support of H. Res. 606, the rule providing for consideration of the Bankruptcy Abuse, Prevention and Consumer Protection Act Conference Report. Congress has been working on balanced bankruptcy reform legislation for nearly 5 years. The conference report on H.R. 333 reflects countless hours of bipartisan efforts. This conference report does not penalize any lawful behavior. It only applies when a person violates the law; second, a court then enters an award against that person; third, the person later files a bankruptcy other than a chapter 13 bankruptcy or liquidation bankruptcy; and fourth, that person thereafter seeks to discharge a debt based on fines or penalties assessed because of the unlawful protest activity. This provision is written in an evenhanded, neutral way. It does not single out abortion-related protests, but it targets any violent protestors of providers of any lawful goods or services. It would equally apply to the anti-IMF/World Bank protestors who threw rocks through the window of the bank and attempted to impede delegates from entering the World Bank's headquarters. It could also apply to similar protests by animal rights activists, environmentalists, and unions. As a committed pro-life Member of Congress, I am satisfied that the compromise does not impose unconstitutional or discriminatory burden upon peaceful pro-life protestors. I want to thank the chairman, the gentleman from Wisconsin (Mr. Sensenbrenner) for his leadership on this issue, and I urge my colleagues to support the rule and the underlying bill.