Hank Johnson

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I submit the following: Whereas, The Caribbean community is a vital part of our Nation and its members are known worldwide; and Whereas, Gerard Placide, not only talks the talk, but he walks the walk as it relates to our elected officials and our community working together to strengthen the relationships between the Caribbean community and citizens throughout our country; and Whereas, Gerard Placide has served our nation honorably in the United States Army for six and a half years, he is a Goodwill Ambassador for not only the citizens in the Fourth Congressional District of Georgia, Trinidad and Tobago, the Cayman Islands, and all of the Caribbean Nations; and Whereas, this wise psalmist and man of God has shared his time and talents for the betterment of his community and his nation through his tireless works, inspirational singing and words of encouragement and motivation that have and continues to be a beacon of light to those in need; and Whereas, the U.S. Representative of the Fourth District of Georgia has set aside this day to honor and recognize the Caribbean community and Gerard Placide on this day and for outstanding leadership and service to our District: Now, therefore, I, Henry C. ``Hank'' Johnson, Jr., do hereby proclaim June 18, 2010 as Gerard Placide Day, in the 4th Congressional District. Proclaimed, this 18th day of June, 2010.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I submit the following: Whereas, the union of Andrew and Jane Friday Jackson former slaves in South Carolina has blessed us with descendants that have helped to shape our nation; and Whereas, the Jackson union produced many well respected citizens today we honor some of the matriarchs and patriarchs, Mr. Nathaniel Jackson, Mr. Emanuel Jackson, Mrs. Lillie Ann Jackson Blow and Ms. Minnie Brown who are pillars of strength for the Jackson family; and Whereas, in our beloved Fourth Congressional District of Georgia, we are honored to have many members of the Jackson family, who are some of our most productive citizens in our District; and Whereas, family is one of the most honored and cherished institutions in the world, we take pride in knowing that families such as the Jackson family have set aside this time to fellowship with each other, honor one another and to pass along history to each other by meeting at this year's family reunion in DeKalb County, Georgia; and Whereas, the U.S. Representative of the Fourth District of Georgia has set aside this day to honor and recognize the Jackson family in our District; Now Therefore, I, Henry C. ``Hank'' Johnson, Jr., do hereby proclaim Sunday, July 25, 2010 as Jackson Family Reunion Day in the 4th Congressional District. Proclaimed, this 25th day of July, 2010.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to support H.R. 5874, the United States Patent and Trademark Office Supplemental Appropriations Act of 2010. This bill will help reduce backlogs in processing patent applications. I am a proud to have voted with a majority of the House to pass this important piece of legislation. Processing patents is crucial to the U.S. economy. In order for our nation to thrive in a global economy, it is essential that patent and trademark applications are processed in a timely and efficient manner. Currently, the U.S. Patent and Trademark Office (USPTO) can take an average of nearly three years to complete the examination of a patent application and has maintained a backlog of unexamined applications for several years. At this time, there are approximately 1.2 million patent applications in the system with more than 750,000 awaiting review by a USPTO patent examiner. The more time patent applications are waiting to be reviewed, the longer the U.S. goes without an invention that can spur economic growth. Specifically, H.R. 5874 provides up to $129 million, fully offset, to help prevent additional backlogs in the processing of patent applications. With this funding, the USPTO will be able to hire additional staff and afford to pay necessary overtime to prevent additional backlogs. Patents are critical to American innovation and economic growth. An efficient patent examination system will foster innovation and job creation by ensuring that individuals and small businesses have the ability to protect their intellectual property and continue to create new products. Again, I am a proud supporter of this supplemental appropriations bill for the USPTO. I am proud to have voted with a majority of the House yesterday to pass this vital legislation.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of H. Res. 1566, which commemorates the Fiftieth Anniversary of the Student Nonviolent Coordinating Committee (SNCC) and the National Sit-In Movement. I want to give a special thank you to my fellow Georgian and the Dean of the Georgia delegation, Representative John Lewis for introducing this bill and for his own personal courage in participating in the Civil Rights Movement. Congressman Lewis is an American hero whose bravery has improved the quality of life for millions now and in the future. The sit-in movement was started by the extraordinary bravery of four young men in Greensboro, North Carolina. In February of 1960, these brave men started a movement that grew to more than 30 communities in seven different states in only one month's time. Even more impressive is how one and a half years after the inception of the sit-ins, the movement had attracted over 70,000 participants and a sit-in had occurred in every Southern state. The sit-in movement was truly a grassroots movement that showed the power of the cause and of the method. By choosing non-violent action, the sit-in movement was able to win hearts and minds across the country and led to the integration of restaurants, bus lines and public facilities all over the nation. The Student Nonviolent Coordinating Committee is another extraordinary and influential group that played a major role in the civil rights movement. Founded in April, 1960, in Raleigh, North Carolina, the SNUG grew into a large organization that operated across the south. The group was inspired by the Greensboro sit-ins and began with an $800 grant from the Southern Christian Leadership Conference (SCLC), founded in my home State of Georgia, for a conference where student activists could share experiences and coordinate activities. The conference was a success and was attended by 126 students in 12 states. Julian Bond and Representative John Lewis, both from my home State of Georgia, were among the attendees at the April 1960 conference. Congressman John Lewis went on to be the 3rd Chairman of the SNCC. The SNCC grew to prominence, and put themselves at great personal risk, by organizing ``freedom rides'' across the deep south. At least 436 people took part in these Freedom Rides during the spring and summer of 1961. The SNCC grew into an organization of organizers dedicated to building community-based political organizations of the rural poor. After the Freedom Rides, the SNCC worked primarily on voter registration, along with local protests about segregated public facilities. As a final, monumental step, the group took the leading role in the 1963 March on Washington where more than 200,000 people marched peacefully to the Lincoln Memorial to demand equal justice for all citizens under the law. The next year, this group merged with Congress on Racial Equality and the National Advancement of Colored People with the primary goal of creating a desegregated political climate necessary to pass legislation to expand civil rights and voting rights for all citizens. I agree with Julian Bond when he said that ``a final SNCC legacy is the destruction of the psychological shackles which had kept black southerners in physical and mental peonage; SNCC helped break those chains forever. It demonstrated that ordinary women and men, young and old, could perform extraordinary tasks.'' The civil rights movement changed the fabric of America. The movement led to the passage of The Civil Rights Act of 1964 and the Voting Rights Act of 1965, which put an end to legal discrimination and segregation in this country. That battle for full equality is not yet over, however. As we move forward, we must remember the past and the resounding success of the Student Nonviolent Coordinating Committee and the National Sit-In Movement. As a member of the Congressional Black Caucus, I am honored to address the House of Representatives on the fiftieth anniversary of the Student Nonviolent Coordinating Committee and the National Sit-In Movement. I walk in the footsteps of John Lewis and Julian Bond, great civil rights leaders from Georgia, whose heroism and bravery improved the lives of all Americans. Fifty years later, we all owe a debt of gratitude to the civil rights movement and I urge my colleagues to support this resolution.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to express my support for H.R. 5143, the National Criminal Justice Commission Act of 2010. I want to commend Representative Delahunt for his leadership on this legislation and dedication to our nation's criminal justice system. H.R. 5143 establishes the National Criminal Justice Commission and directs that commission to review all areas of the criminal justice system, including costs, practices, and policies. It also directs the commission to make findings upon their review and recommendations for changes to prevent, deter, and reduce crime and violence, reduce recidivism, improve cost-effectiveness, and ensure interests of justice at every step of the criminal justice system. As an attorney and former judge, I can say with confidence that I believe our criminal justice system is flawed. It is an expensive system that is in many ways ineffective. It is important that this commission be established and put to work immediately. We can no longer be satisfied with allowing crime to fester and spread throughout the nation, especially among our youth. Real solutions to deter crime are possible if we only take the time to invest in them. It's time we identify the problems in our criminal justice system and make tangible efforts to ameliorate the system. In our efforts to create ``a more perfect union'', we have to take a closer look at our nation and work to make our nation better for our children and the generations to follow. H.R. 5143 gives us an opportunity to do that. Mr. Speaker, I urge my colleagues to support and pass H.R. 5143, the National Criminal Justice Commission Act of 2010.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to express my support for H.R. 847, the James Zadroga 9/11 Health and Compensation Act of 2009, which amends the Public Health Service Act to extend and improve protections and services to individuals directly impacted by the terrorist attack in New York City on September 11, 2001. The effects of H.R. 847 will be twofold: it will mandate funding to establish the World Trade Center Health Programs, and it will reopen the 9/11 Victim Compensation Fund. Both provisions are necessary to sufficiently care for the health and economic welfare of the Americans who were victims of the September 11 attacks and who responded in the aftermath of the attacks. This act guarantees America's heroes--who have sacrificed so much for our country--the medical and financial support they deserve. As we approach the ninth anniversary of the September 11 attacks on the World Trade Center (WTC), it is especially important that Congress remember that there are survivors of and responders to the attacks who continue to suffer today. These victims may experience a long-term negative impact on their health many years into the future. For the first seven years after September 11, the Bush administration failed to respond adequately to the medical emergency caused by dangerous airborne toxins at Ground Zero. Americans from every state and every walk of life have been affected by those toxins, and over 71,000 people have enrolled in the WTC Health Registry because of their condition. Toxin-related illnesses include respiratory, gastrointestinal, and mental-health disease. Additionally, these illnesses have caused financial loss for many survivors and responders, 11,000 of whom have sued the City of New York because they have no viable alternative for receiving compensation. H.R. 847 will deal thoroughly and effectively with each of these problems. Title I of H.R. 847 provides mandatory funding for the establishment of the World Trade Center Health Programs. These programs will provide consistent and readily available medical treatment for the September 11 survivors and those who responded in the aftermath of the attacks, many of whom suffer egregiously from the airborne toxins present at Ground Zero. H.R. 847 will also strengthen the medical monitoring and treatment programs and other social services programs for survivors already in place at the Clinical Centers of Excellence in New York City. Title I goes on to establish a WTC National Responder Program, which will give eligible survivors and responders who live outside of the New York City metro area access to a nationwide network of healthcare providers associated with the 9/11 Health and Compensation Act. Additionally, Title I provides for research into health problems related to the September 11 attacks, so that legislators, doctors, survivors, and responders can be better informed about the nature of these conditions. Title II of H.R. 847 will reopen the 9/11 Victim Compensation Fund (VCF), which closed in 2003, until 2031. The original deadline prevented survivors and responders who did not file a claim before the deadline, or who became ill after the deadline, to receive compensation for losses sustained as a result of the attacks. Reopening the fund will not change eligibility standards for compensation; rather, doing so will ensure that anyone eligible for compensation at any point receives the best care and support possible. The newly reopened VCF will also allow for the offsetting of over 11,000 lawsuits filed by survivors and responders suffering from the effects of WTC toxins. Title III of the bill ensures that its $7.7 billion cost is fully paid for by preventing a form of tax evasion called ``treaty shopping.'' This makes the bill pay-as-you-go neutral, and thus amenable to Congress' goals of intelligent spending and fiscal responsibility. The attacks on the World Trade Center irrevocably changed the lives of all Americans. As a result, we see the world from a markedly different perspective, and we have entered two expensive and bloody wars. The number of lives lost in Iraq and Afghanistan, added to the toll taken by the attacks themselves, is a devastating tragedy. But, with the passage of this bill, we can stop any more victims of the September 11 attacks from dying or continuing to suffer. We must be able to look back on our legislative record and say that we assured justice to the heroes of 9/ 11, who stood on the front lines as America came under siege. I urge my colleagues to support this important resolution.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of S. 1789, the Fair Sentencing Act of 2010. For too long, crack cocaine users, predominantly minorities, have been subject to excessive penalties when compared to users of powder cocaine even though both drugs are chemically identical. While this bill does not go far enough towards righting this injustice, it is a tremendous step in the right direction, and I commend Senator Durbin and the rest of the Senate for passing this long overdue piece of legislation and urge my colleagues to support this bill. Mr. Speaker, for too long users of crack cocaine were sentenced to prison terms that were much longer than prison terms for users of cocaine, a chemically identical drug. We all know why this is the case. In the 1980's, the United States was in the midst of a crack cocaine epidemic. While cocaine was often considered a harmless, even glamorous, ``recreational'' drug of privilege, crack cocaine was considered a more harmful drug and was associated with crime and destitution. The reality is that crack cocaine, though chemically identical to cocaine, is less pure and therefore sells for less on the street. As a result, this drug rapidly spread across already impoverished and crime-ridden areas of the country, in many cases making a bad situation worse. As we all know, low income Americans are disproportionately minority. Crack cocaine quickly became associated with minorities, particularly African Americans. It would be more accurate, however, to associate crack cocaine use with poverty than with African Americans. It is important to let the American people know that, at the height of the crack cocaine epidemic in this country, a 1982 the National Survey on Drug Abuse found that 22 million Americans had used cocaine at one time or another. I say this to make it clear that cocaine was as much of an epidemic as crack cocaine during the 1980s. The only difference between crack and cocaine is the user. In response to the crack cocaine epidemic, Congress passed the Anti- Drug Abuse Act of 1986 in a reactionary effort to try and put a stop to the use of crack cocaine. The law was a part of the so called ``war on drugs,'' a popular political catch phrase at the time. This ``war'' was launched by stressing the serious social harms of violent crime, theft, social exclusion; with which crack cocaine use was associated. Current law provides that a person convicted of crack cocaine possession receives the same mandatory prison term as someone who possesses 100 times the same amount of powder cocaine and the law has mandatory minimums for simple possession. Mr. Speaker, let me repeat that. The Anti-Drug Abuse Act of 1986 sets the penalty for possession of crack cocaine at 100 times the penalty for a chemically identical drug, cocaine and sets mandatory minimum sentences for crack cocaine users while setting a mandatory minimum sentence for cocaine users. As a result of this law, wealthy users of cocaine have received more lenient penalties than poor minority users of crack, a chemically identical drug. According to U.S. government statistics, 82 percent of Federal crack cocaine offenders are African American and only 9 percent are white. African-Americans and Latinos were incarcerated at a higher rate because of their drug use preference. In this country, where everyone is born equal, it is absolutely outrageous that the law could be so slanted. It simply makes no sense. As a former Magistrate Judge and defense attorney, I firmly believe that there should be no difference in the ratio of sentencing for crack cocaine and powder cocaine possession. Over the years, there have been numerous efforts to lower this ratio to a more reasonable difference in sentencing for crack cocaine and powder cocaine. In 2007, The United States Sentencing Commission voted to recommended that this disparity be rectified and existing sentences reduced. Also in 2007, The Supreme Court ruled in Kimbrough v. United States that the guidelines for cocaine are advisory only, and that a judge may consider the disparity between the guidelines' treatment of crack and powder cocaine offenses when sentencing a defendant. Finally, today, the United States House of Representatives will consider and hopefully pass a bill that will lower the ratio of sentencing from 100 to 1, to a new ratio of 18 to 1. Mr. Speaker, I support this bill but 18 to 1 is still unnecessary and discriminatory. An 18 to 1 ratio still preserves and institutional disparity between drug sentences of wealthy cocaine users and predominantly poor and African American crack cocaine users. I support the direction that this bill takes the country however I am disappointed that, after all these years, an institutional disparity will be preserved. I firmly believe that there should be no disparity in the ratio of sentencing between users of crack cocaine and powder cocaine. The ratio should be one to one. This view is shared by both Republicans and Democrats alike. Former D.C. prosecutor, later D.C. Superior Court judge, and present D.C. Federal judge, Judge Reggie B. Walton, a Republican nominated by former President George W. Bush, supports an equalization of the sentencing disparity. Even President Obama stated in 2008 that the sentencing disparity ``has disproportionately filled our prisons with young black and Latino drug users.'' He cited figures that African Americans serve almost as much time for drug offenses, at 58.7 months, as whites do for violent offenses, at 61.7 months. Finally, in early 2009, Attorney General Holder made it clear where the Administration stands when he said, ``One thing is very clear. We must review our Federal cocaine sentencing policy. This administration firmly believes that the disparity in crack and powdered cocaine sentencing is unwarranted. It must be eliminated.'' There is absolutely no justification for this racial disparity in federal cocaine sentencing policy. The playing field must be leveled to bring total equality for all races in sentencing for drug use for all variations of the same drug. I urge my colleagues to take an enormous step in the right direction by supporting this bill to greatly improve this outdated and discriminatory law. I urge my colleagues to support this bill.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to express my support for H.R. 2480, the Truth in Fur Labeling Act, which improves the accuracy of labels on fur products sold in the United States. The bill would also require the Federal Trade Commission to review its Fur Products Name Guide, ensuring that document contains accurate and consistent species names. I support the Truth in Fur Labeling Act because American consumers deserve to know what, exactly, they are purchasing when they shop for fur garments, regardless of the price of those garments. This legislation guarantees transparency so that shoppers can make informed decisions about the products they buy. This transparency is currently compromised by the ``fur loophole'' in the Fur Products Labeling Act of 1951, which allows manufacturers of fur and faux-fur garments under $150.00 to sell these products without a label or with a label that fails to list all of the types of fur included in the product. In the market today, exporters use this loophole to deceptively sell products made from cat and dog fur as though they were made from faux fur or the fur of other animals, although it is illegal to import, export, sell or advertise domestic dog or cat fur in the U.S. China exports about half of all the imported fur garments sold on the U.S. market. In Chinese factories, many domestic dogs and cats are brutally killed and sometimes even skinned alive for their fur. A Humane Society investigation found in the 1990s that the death toll of domestic dogs and cats in China reached 2 million animals every year; the same investigation revealed that some of the resulting dog fur was being sold in the U.S. After this scandal broke, Congress passed the Dog and Cat Protection Act of 2000, which banned the trade in dog and cat fur. Unfortunately, the ``fur loophole'' has created a way for dishonest exporters to continue profiting from sales of dog and cat fur to American consumers. Manufacturers also use the loophole to market real fur as faux fur, tricking Americans with humane shopping policies into supporting an industry they oppose. Part of my objection to the current, deficient, language of the Fur Products Labeling Act lies in the fact that its loophole only applies to products of ``relatively small quantity or value.'' A garment of $150, the upper limit of that category, can contain multiple animal pelts. Clearly, new legislation is necessary to allow customers to be confident in the type of fur they are buying, regardless of how much money they spend. I urge my colleagues to also support this important resolution.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of H.R. 4692, the National Manufacturing Strategy Act of 2010. I would like to thank Representative Lipinski for introducing this bill which put in place a plan to invigorate our nation's manufacturing sector. It is no secret that our nation's manufacturers are struggling, and have been for a long time. In this globalized economy, it is now time to develop a strategy for the proper management of our manufacturing sector. Every day, manufacturing jobs move overseas. This outsourcing is hurting American families and shifting our economy from manufacturing to service. The plan developed through this legislation will improve our domestic manufacturing competitiveness in these new emerging markets so that we can keep our jobs at home. Moreover, there must be an established minimum domestic manufacturing capability in order to rapidly respond in times of national emergencies. This plan takes this important measure into account by further emphasizing the key role of continued domestic manufacturing to our national security. Mr. Speaker, I also support the provisions of this bill that provide the necessary oversight for these improvements to be properly implemented. I think that the creation of a Manufacturing Strategy Board for the President is a tremendous idea. It enables a more focused body to narrow in on the needs and opportunities for the manufacturing sector and then report back to the President for action. This will enable budgeting requests to be in line with the recommendations and goals included in the strategy of this new board. Overall, a unified, definitive plan is what the manufacturing sector needs in order to continue to grow and flourish. I urge my colleagues to support this bill.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of H. Res. 1538, which condemns the terrorist attacks that took place on July 11, 2010, in Kampala, Uganda. This terrorist behavior is simply unacceptable and our nation must express our disapproval of the responsible parties who committed these horrible attacks. Mr. Speaker, the situation in East Africa is grave. Unfortunately, the situation isn't getting any better either, given that this is the worst terrorist attack that this region has witnessed since 1998. The responsible party for these horrifying terrorist attacks is the hard- line Somali militant group, al-Shabab. Even more frightening is the fact that this group has threatened further attacks, if Uganda and Burundi continue to supply troops to an African Union peacekeeping force in Somalia. This continued threat of terrorist attacks is not only a dire concern in this area of East Africa, but also for our nation. Uganda, a key U.S. ally, is also a training ground for soldiers for Somalia's transitional government, the government which al-Shabab is seeking to overthrow. Both the United States and the United Kingdom support this mission. Consequently, we have responsibility to support and protect the peacekeeping forces that are working to provide stability in Somalia. In order for strength to be restored in the failing state of Somalia and the surrounding countries like Uganda, we must also find a way to remove the terrorist group al-Shabab from its destabilizing role. Mr. Speaker, as the trend in globalization continues to increase, the connections among nations become more and more intertwined. Therefore, as Representatives of Congress, we must pass this resolution to call on our administration to work with the international community to address the security threat emanating from Somalia. This will hopefully ensure that this violence doesn't overspill more into other nations. Again, I fully support this resolution and I urge my colleagues to support it as well.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to express my support for H.R. 5810, which amends title 18 of the United States Code to provide penalties for aiming laser pointers at airplanes. The effect of laser pointer glare on the windows of airplane cockpits is extremely dangerous to pilots. Laser glare that incapacitates pilots can endanger all other people onboard the aircraft. In order to prevent unnecessary harm to pilots, airplane passengers, and other airline employees, deliberate aiming of laser pointers at airplanes must be regulated. Pilots experience laser glare in cockpits at a rate that has steadily increased over the past fifteen years. In 2009 alone, 1600 individual laser-aircraft incidents occurred. The intensity with which laser light reflects off cockpit glass can result in varying degrees of danger for pilots, from simple distraction by the bright flash of laser light to temporary flash blindness that greatly reduces their ability to capably navigate the aircraft. If the laser light is aimed from a near enough distance, pilots can sustain permanent eye damage from the brightness of the laser light. In some cases, pilots have even taken evasive action, confusing the laser light for the dot-type laser reticle of a weapon. Eleven states have already enacted laws regulating the use of laser pointers around aircraft. While the use and ownership of small laser pointers is legal, this legislation is vital to preventing laser pointer users from accidentally harming or incapacitating pilots. I support this bill, in the hope that it will help Americans to be more careful in their use of laser pointers, and realize the grave consequences their actions can have for our Nation's pilots and aircraft passengers. I urge my colleagues to also support this important resolution.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of H. Res. 1401, expressing gratitude for the contributions that the air traffic controllers of the United States make to keep the traveling public safe and the airspace of the United States running efficiently, and for other purposes. I must commend and thank Congresswoman McCarthy for her leadership on this legislation and her dedication to recognizing the brave work of air traffic controllers. Just last week, a plane taking off from my home state of Georgia was forced to make an emergency landing at Hartsfield-Jackson International Airport after a tire blew during takeoff. The plane circled the skies for several hours and with the help of air traffic controllers on the ground, the plane was able to land safely. No one was injured, and the passengers were routed to another flight. This example is just one of many describing the crucial job of air traffic controllers, a group that might remain unrecognized were it not for this resolution. Everyday air traffic controllers work to keep the traveling public safe and U.S. airspace running efficiently. They execute their job with the highest level of efficiency and maintain a calm and professional manner despite the stressful circumstances they may encounter. H. Res. 1401 serves as a small thank you and acknowledgement to air traffic controllers for their often heroic actions, dedication, and quick and skilled decision making to help avert many accidents and tragedies. Additionally, the resolution serves as an opportunity to encourage greater investment in the modernization of the air traffic control system so that they have the resources and technology to better carry out their mission. Mr. Speaker I urge my colleagues to support this legislation. It serves as an opportunity to give air traffic controllers the acknowledgement they so deserve and encourage them to keep our skies safe for all.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Removal Clarification Act of 2010 will enable Federal officials--Federal officers, in the words of the statute--to remove cases filed against them to Federal court in accordance with the spirit and intent of the current Federal officer removal statute. Under the Federal officer removal statute, 28 U.S.C. 1442(a), Federal officers are able to remove a case out of State court and into Federal court when it involves the Federal officer's exercise of his or her official responsibilities. However, more than 40 States have pre-suit discovery procedures that require individuals to submit to deposition or respond to discovery requests even when a civil action has not yet been filed. Courts are split on whether the current Federal officer removal statute applies to pre-suit discovery. This means that Federal officers can be forced to litigate in State court despite the Federal statute's contrary intent. This bill will clarify that a Federal officer may remove any legally enforceable demand for his or her testimony or documents if the basis for contesting the demand has to do with the officer's exercise of his or her official responsibilities. It will also allow for appeal to the Federal circuit court if the district court remands the matter back to the State court over objection of the Federal officer. Some clarity issues were raised by witnesses during a Courts and Competition Policy Subcommittee hearing on the bill. Since the subcommittee markup, we have worked to address those issues, and the bill before us today clarifies the bill without making substantive changes. In particular, the addition of ``whether or not ancillary to another proceeding'' helps clarify that the bill will not result in the removal of entire State court actions to Federal court simply because a Federal officer is sent a discovery request. In this type of situation, the Federal court is to consider the discovery request as a separate proceeding from the underlying State court case so that it will now be removed and dealt with separately without removing the underlying case. Nor will this bill lead to cases being dismissed in Federal court on the grounds that there is no Federal corollary to pre-suit discovery. Application of the State pre-suit discovery law will be considered as substantive under the Erie doctrine. The Federal court will apply the State substantive law. This legislation does not create a substantive loophole. It merely makes a procedural clarification. Finally, the bill makes clear that the timing requirement under 28 U.S.C., section 1446 is not affected. It restates the 30-day requirement for removing the case after the judicial order is sought as well as after the judicial order is enforced. This addition to section 1446 is limited to only the Federal officer removal under section 1442. This bill has strong bipartisan support. I would like to thank Chairman Conyers, Ranking Member Smith, and the ranking member of the Court Subcommittee, Howard Coble of North Carolina, for their work on this bill, and I urge my colleagues to support this important legislation. I reserve the balance of my time.

Mr. JOHNSON of Georgia. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. JOHNSON of Georgia. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5281) to amend title 28, United States Code, to clarify and improve certain provisions relating to the removal of litigation against Federal officers or agencies to Federal courts, and for other purposes, as amended.

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

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to express my support for House Resolution 1525, honoring the 50th anniversary of the publication of To Kill A Mockingbird, a classic American novel authored by Nelle Harper Lee of Monroeville, Alabama. I would also like to commend my colleague, Representative Jo Bonner and all of the cosponsors of this legislation. Your support for H. Res. 1525 ensures that our nation continues to recognize the importance of this landmark novel which examines both race relations and the human condition in the United States. In 1960 Nelle Harper Lee published To Kill A Mockingbird, a novel that would soon transform the character of our nation and play a major influence in the discussion of race relations. Her novel focused on a small, rural Alabama town riveted by prejudice. Her novel served as a commentary on the tense and unequal relations between blacks and whites in the South. As a Representative for the state of Georgia I am constantly aware of the history of the state that I represent. I recognize that prior to the Civil Rights Movement the conditions in my district were similar to those described in Harper Lee's novel. I also recognize that her novel served as a catalyst for the national conversation on racial injustice during the Civil Rights Movement. Harper Lee produced a controversial novel during the height of racial tension in the 1960s, and for that she deserves to be commended and her work should be forever praised, studied, and read by all. In 2007, President George W. Bush awarded the Presidential Medal of Freedom to Nelle Harper Lee for her great contributions to literature and observed the positive influence her work has had on the character of our country. The novel was also proclaimed as a model of good writing and human sensibility. Madam Speaker, on the 50th anniversary of To Kill A Mockingbird I urge all of my colleagues to support this resolution. The story is an American story and it deserves to be recognized. Today we honor the remarkable achievement of Nelle Harper Lee and her novel To Kill A Mockingbird. I ask the gentleman if he has any other speakers.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to support H. Res. 1504, in recognizing and honoring the 20th anniversary of the Americans with Disabilities Act. The ADA is often described as the most sweeping nondiscrimination legislation since the Civil Rights Act of 1964. I am a proud cosponsor of this resolution and urge my colleagues to join me in supporting this vital resolution. On July 26, 1990, President George H. W. Bush signed the ADA into law to ensure the civil rights of people with disabilities. This legislation established a clear and comprehensive mandate for the elimination of discrimination against individuals with disabilities. The ADA provides broad protections in employment, public services, public accommodations, services provided by private entities, and transportation services for individuals with disabilities. According to the 2009 U.S. Census Bureau statistics, approximately 50 million Americans have disabilities. In my home state of Georgia, approximately one and a half million people have disabilities. On this day, as we celebrate the 20 year anniversary of the ADA, it is important to remember that all Americans--not just those with disabilities--benefit from the passage of the ADA. Disabilities do not discriminate on the basis of age, gender, race, religion, income, or party lines. This anniversary gives us time to reflect on the progress that has been made since the ADA was enacted 20 years ago. I look forward to continuing to work with my colleagues in the House to ensure that ADA's purpose of providing equal opportunity, independent living, and full participation in all aspects of society for Americans with disabilities is fully realized. This resolution demonstrates the House's commitment to upholding the civil rights of those living with disabilities. I strongly support this resolution and urge my colleagues to do the same.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Thank you, Congresswoman Fudge. It is indeed an honor to serve in Congress with you ladies who are all champions of regular working people and poor people of this country, regardless of geographical boundaries, and I salute you, in this age of women that we are living in. I remember, Madam Speaker, just within the last 17 months, the leader of the Republican Party said publicly that he hopes that President Obama fails. Do y'all remember that? It was well publicized. It was not coming from Minority Leader Boehner of the House, and it was not uttered by Senator Mitch McConnell, the minority leader in the Senate. It was uttered by the true leader of the Republican Party, and that is my good friend, Rush Limbaugh, who for every day, 5 days a week, 3 or 4 hours a day, sends that same message out to Americans who are hooked on that show, he sends it out to them relentlessly, and they remember it and they act on it. But they are not the only ones who have acted on it. It has been the followers in the Senate who have acted upon it, and it has been the followers here in the House of Representatives on the other side of the aisle who have followed his leadership, and they have embarked upon this strategy of obstruction: Just say no. I don't care who it hurts. If it hurts the unemployed, fine. We won't let it happen where they can get some relief. If it happens to a small business man or woman, we don't care on the other side of the aisle, because what we want is failure. And why do the folks on the other side of the aisle in both the House and the Senate feel so strongly about that? It's just simply the naked grab for power. They want to resume control of the House of Representatives and the Senate, and they want to retake the White House so they can continue to do all of the things that ran this economy into the ditch; those things being characterized by trickle-down economics, the old Ronald Reagan trickle-down economics plan. And trickle-down economics resulted in eventually, over the last 10 years, 8 million jobs lost in America, 495,000 of those jobs in manufacturing sent overseas due to tax policies to benefit the rich and the wealthy. So when President Reagan said it's morning in America, he was not referring to the working men and women in this country. He was referring to the gilded, the upper crust, the royalty, if you will. He wasn't referring to all of the little people. He was talking about his friends. And that policy has been followed relentlessly, and it has had a devastating effect on the men and women who try to work for a living in this country. So as a result, our economy has gone into, I don't want to say a ditch, but in a deep, dark hole. And it didn't take us long to get there, but it's taking us some time to climb out of. That's why this discussion that we're having tonight is so important. Jobs for the American people, closing tax loopholes that benefit the rich and the wealthy and incentivize their movement of jobs offshore; those things must come to an end. I know we have additional time, but I am going to yield back now to our anchor, the Honorable Marcia Fudge.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to express my support for H.R. 2864, which amends the Hydrographic Services Improvement Act of 1998 to authorize funds to acquire hydrographic data and provide hydrographic services specific to the Arctic for safe navigation, delineating the United States extended continental shelf, and the monitoring and description of coastal changes. This legislation will authorize appropriations for studying the Arctic, which will enable the United States to better examine and understand our Arctic territory. I have visited the Arctic and I know first hand the important role the Arctic plays in the global ecosystem and our national security. I was able to see the impact of climate change on the Arctic. As a member of the House Armed Services Committee, I have participated in numerous hearings and I have shared the increasingly strategic role the Arctic plays in our national security. As a new member of the Transportation and Infrastructure Committee, I look forward to addressing issues related to maritime activities in the Arctic. The United States has significant political and economic interests in the Arctic. Hydrographic services are important for maintaining Arctic environmental protection, navigational safety, and international relations. Over the last five years, sea ice in the Arctic Circle has been at its lowest levels on record, and there has been a 35 percent decrease in thicker multi-year sea ice. These are symptoms of climate change, and represent a threat to fragile ecosystems and Arctic inhabitants. Hydrographic research is necessary to improve scientific understanding of the Arctic system and its adaptation to the dramatic environmental changes it is currently experiencing. Rising sea levels in the Arctic have also altered sea routes and coastlines, compounding the need for new hydrographic research to produce updated navigational charts. Because the region has heretofore been relatively inaccessible, information about the Arctic is lacking in comparison to information about other American marine and coastal areas. According to the National Oceanic and Atmospheric Administration, the Arctic currently has minimal tide, current, and water level prediction coverage, obsolete shoreline and hydrographic data, unsatisfactory nautical charts, and poor weather and ice forecast coverage. Moreover, most Arctic waters that have been charted were surveyed with obsolete hydrographic technology, as far back as the 1800s, and most of Alaska's northern and western shoreline has not been mapped since 1960, if ever. New hydrographic data on the Arctic region is sorely needed. Charts produced from new research will ensure the safety of both civilians and the Coast Guard as they live and work near and on our Arctic waters. The opening of new Arctic sea routes as the polar ice caps melt also has political implications. Recent geological surveys indicate that as many as 90 billion recoverable barrels of oil and 2 trillion cubic feet of natural gas may be present in the Arctic Circle. With unprecedented access to these resources made possible by climate change, the contentious debate over drilling in the Arctic will continue to intensify, as will disputes over coastal borders between circumpolar nations. The better the U.S. understands the nature of our Arctic territory, the better prepared we will be to participate in the international conversation about the future of Arctic policy. I support this bill because new hydrographic research is necessary to gather the most accurate data about our Arctic coastline and natural resources. This data would include oceanographic tidal, current, and wave information; depth measurements for bodies of water; information on navigational hazards and considerations; and updated navigational maps of the area. With this data, the Coast Guard and research institutes can inform the American public and government about the Arctic to the best of their abilities. To make this possible, I urge Congress to pass H.R. 2864, to authorize funds for hydrographic research in the Arctic. I urge my colleagues to support this important resolution.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to support H.R. 5301, legislation to extend the period during which the administrator of the Environmental Protection Agency and States are prohibited from requiring a permit under section 402 of the federal water pollution control act for certain discharges that are incidental to normal operations of vessels, to reauthorize the national estuary program and for other purposes. I commend my colleague, Representative LoBiondo for his word on this bill and urge the House to support this legislation. Madam Speaker, in light of the disaster caused by the Deepwater Horizon oil spill, it is important that this Congress pay particularly close attention to the well being of our Nation's aquatic ecosystems. H.R. 5301 accomplishes two things. First, this bill extends an existing moratorium for vessels less than 79 feet in length to obtain a permit under the Clean Water Act for discharges incidental to their normal operation. The Environmental Protection Agency has been studying the impacts of incidental discharges from these vessels and made the determination that these discharges are not universally benign. The agency has acknowledged however, that it will be unable to develop and issue appropriate permits for these vessels before the current moratorium expires on July 31, 2010. Extending the moratorium will allow for the additional time necessary to develop and issue appropriate guidelines to address such discharges consistent with the goals of the Clean Water Act. Second, H.R. 5301 includes H.R. 4715, the ``Clean Estuaries Act of 2010'', as passed by the House of Representatives on April 15, 2010, which reauthorizes the National Estuary Program. Established in 1987, the National Estuary Program is charged with attaining or maintaining water quality in an estuary, places where rivers meet the sea. Reauthorizing this program is essential to protection of public water supplies and the protection or indigenous population of shellfish, fish, and wildlife. I urge my colleagues to support this bill.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to support H.R. 5266, the National Commission on Children and Disasters Reauthorization Act of 2010. I commend my colleague on the Transportation Committee, Representative Brown, for her work on this legislation and I urge my colleagues to support this bill. Madam Speaker, the National Commission on Children and Disasters is conducting a comprehensive study that examines and assesses children's needs as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies. The Commission will review relevant laws, regulations, and policies and report its findings and recommendations to the President and Congress. This legislation, which reauthorizes this important commission, will also extend the deadline for submission of the final report to December 31, 2012. Due to delays in the appointment of Commission members and receipt of funding, the Commission was unable to hold its first meeting until 10 months after it was created. As a result, the work of the Commission remains incomplete and, without reauthorization, the Commission will be required to issue its final report on October 14, 2010, and will sunset 180 days thereafter. According to the committee report for this bill, children comprise nearly 25 percent of the U.S. population; however, disaster plans are written largely for able-bodied adults, meaning that before, during, and after disasters, the unique needs of children are overlooked, unmet, and misunderstood. This legislation is necessary to ensure that the commission can complete its important work which will have lasting effects on the safety of children before, during, and after a disaster. I urge my colleagues to support this bill.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to support H. Res. 1463, legislation supporting the goals and ideals of Railroad Retirement Day. I commend my colleague, Representative Perriello, for his efforts on this bill and urge Congress to pass this important legislation. Railroad Retirement Day, as designated by the U.S. Railroad Retirement Board, recognizes the important contributions that the rail industry, rail workers, and retirees make to the national transportation system. This legislation urges the American people to recognize Railroad Retirement Day, which is August 29, 2010, as an opportunity to celebrate the success and importance of the railroad retirement system to America's working families. This year, nearly 600,000 beneficiaries will receive retirement and survivor benefits and about 42,000 railroad workers will receive unemployment and sickness benefits through the railroad retirement system. After the great depression, and years of decline, President Roosevelt and Congress worked with railroad management and labor to pass legislation that would allow for a secure and stable retirement system for railroad workers. The law has been updated and expanded over the years to increase benefits for dependents, liberalize early retirement benefits, and add survivor and spousal benefits. In the beginning of this year, its 75th year, railroad retirement benefits had been provided to 2 million retired employees, 1.1 million spouses, and 2.4 million survivors. Madam Speaker, you may not have been aware that the City of Atlanta, Georgia, was named ``Terminus'' because it was the eastern terminus of the Western and Atlantic Railroad. The city became known as Atlanta after the Chief Engineer of the Georgia Railroad suggested that the area be renamed ``Atlantica-Pacifica'', a name that was soon shortened to Atlanta. Atlanta has served as an important railroad hub for many years, and today thousands of workers help ensure that Atlanta's passenger and freight rail keep people and goods moving throughout Georgia and the southeastern United States. These workers have and continue to make Atlanta the wonderful world-class city that it is and it is because of them that I am proud to support this bill and Railroad Retirement Day. I urge my colleagues to support this bill.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to express my support for H.R. 5283, the Help Haitian Adoptees Immediately to Integrate Act, which provides for adjustment of status for certain Haitian orphans paroled into the United States after the earthquake of January 12, 2010. This legislation will give legal resident status to over 1,000 Haitian orphans whose adoptions by U.S. citizens had already been processed prior to the earthquake in Haiti on January 12, 2010. When the earthquake crippled the Haitian governmental infrastructure, Haiti was no longer able to provide the paperwork necessary to give these children U.S. citizenship. As a result, their final approval of citizenship has been held up since the earthquake in January, and could continue to be delayed indefinitely. In the meantime, the U.S. has provided them with humanitarian parole visas, but it could take years for them to achieve legal resident status. The Help HAITI Act will empower the U.S. Secretary of Homeland Security to allow American parents who adopted Haitian children before the earthquake to apply for legal permanent-resident status on behalf of their children. This will finally set these orphans on the path to citizenship. The devastating earthquake created significant trauma for all Haitians that will last for generations. While the United States assists in the rebuilding efforts, with my support and the support of this Congress, we should also act now to remove the unnecessary complications the Haitian orphans are experiencing as they try to start a new life with their American families. Under normal circumstances, these would have been routine adoptions, and I urge Congress to pass the Help HAITI Act, which will enable the Department of Homeland Security to quickly relieve the hardships these orphans and their new families have encountered since the earthquake. I encourage my colleagues to support this important resolution.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of H.R. 5566, Prevention of Interstate Commerce in Animal Crush Videos Act of 2010. As a cosponsor of this bill, I know how important it is to pass this piece of legislation to protect animals from being abused for crush videos. Mohandas Gandhi once said ``The greatness of a nation and its moral progress can be judged by the way its animals are treated.'' This wise man was correct; and we must uphold our nation's moral standards by protecting our animals. Animal crush videos depict conduct in which a living animal is intentionally maimed, mutilated, tortured, wounded or killed. In 1999, Congress passed a law outlawing the creation and trafficking of these videos. Recently, however, the Supreme Court struck down that law on first amendment grounds; arguing that law covered too much speech. This legislation was written, in response to the Supreme Court ruling, to narrowly outlaw animal crush videos while preserving all American's first amendment rights. I support this bill because animal crush videos depict living animals being tortured for human gratification. While all Americans have the right to free speech and expression, I can not in good conscience use the first amendment to justify allowing torture and abuse of animals. I urge my colleagues to support this bill.