Hank Johnson

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1364) honoring the historic and community significance of the Chatham County Courthouse and expressing condolences to Chatham County and the town of Pittsboro for the fire damage sustained by the courthouse on March 25, 2010.

Mr. JOHNSON of Georgia. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. JOHNSON of Georgia

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

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

Mr. JOHNSON of Georgia

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

Mr. JOHNSON of Georgia. Madam Speaker, I yield for as much time as he may consume to the gentleman from California (Mr. Schiff).

Mr. JOHNSON of Georgia. Mr. Speaker, I now yield such time as he may consume to the sponsor of this bill, the gentleman from New Mexico (Mr. Teague).

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 yield myself such time as I may consume. Mr. Speaker, the Katie Sepich Enhanced DNA Collection Act of 2010, otherwise known as Katie's Law, will help prevent violent crime, help exonerate the innocent, give our police access to cutting-edge forensic techniques, and reduce the cost of criminal investigations. More importantly, Katie's Law will help victims of violent crime and their families get answers and the closure that they need. Katie's Law encourages the States to adopt effective DNA collection procedures. States that meet the minimum standards set by the bill are entitled to a 5 percent bonus in Byrne/JAG funding for State and local law enforcement. States that adopt the enhanced standards are entitled to a 10 percent bonus. These funds are in addition to funds awarded through Byrne/JAG. States that do not adopt collection procedures that meet the new Federal standards are not penalized in any way. Katie's Law also directs the Attorney General to report to Congress once a year on the progress made by the States in adopting new collection procedures. Katie's Law is named for Katie Sepich, who is remembered as a vibrant young woman and a graduate student at New Mexico State University. In the summer of 2003, Katie was brutally raped and murdered just outside her home. Katie's parents, Jayann and Dave Sepich, waited for 3 long years as the investigation continued, without producing any strong leads. In January, 2006, thanks to the efforts of the Sepich family, the New Mexico State legislature passed a measure to require the collection of DNA evidence in the investigation of certain felonies. Months later, investigators linked a DNA sample from Katie's attacker to a sample taken from a repeat violent offender who had been in and out of police custody for years. Confronted with the evidence, the suspect pled guilty to the crime and is now serving 69 years in prison without parole. Mr. Speaker, I commend the law enforcement officers who solved this crime. But consider the fact that Katie's assailant was arrested for aggravated burglary just weeks after attacking Katie. If a DNA sample from that individual had matched evidence from the crime scene, the case might have been solved years earlier; police officers could have saved thousands of dollars and hundreds of man hours; and Katie's family might not have spent 3 painful years in investigatory limbo. Katie's Law provides the resources necessary to solve crimes sooner. This measure passed the House with overwhelming support last Congress, and has cosponsors from both sides of the aisle. I commend my colleagues, Harry Teague and Adam Schiff, for their tireless work on this issue. Mr. Speaker, I urge my colleagues to support H.R. 4614. I reserve the balance of my time.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to introduce the ``Removal Clarification Act of 2010.'' This bipartisan legislation will help protect the Federal Government from interference with its operations. Under the federal officer removal statute, 28 U.S.C. Sec. 1442(a), ``any officer of the United States or of any agency thereof, sued in an official capacity or individual capacity for any act under color of such office'' may remove the case to Federal district court. The statute is designed to enable Federal officials to remove a case out of State court and into Federal court. However, in over forty States, individuals may be deposed and/or required to produce documents despite the fact that they have not yet been sued. Such pre-suit discovery is sometimes used by plaintiffs to confirm that they are suing the proper defendant, identify unknown defendants, or investigate potential claims. Courts are split on whether the removal statute applies to pre-suit discovery. Today's legislation will make clear that the removal statute applies to all State judicial proceedings in which a legal demand is made for a Federal officer's testimony or documents, including pre-suit discovery. It will also clarify that the Federal officer need not wait until he or she is subject to contempt in order to seek removal. The ambiguity over whether a Federal officer can invoke the removal statute during pre-suit discovery was presented in a recent case involving Republican Eddie Bernice Johnson, who was the subject of a pre-suit discovery petition. Republican Johnson removed the action from State court on the basis of the removal statute. However, the Federal court held that the pre-suit discovery proceeding did not constitute a ``civil action or criminal prosecution'' for purposes of the statute and remanded the petition to State court. The bill I introduce today would have permitted such removal. This bill will not alter the well-settled requirement that removal under section 1442(a)(1) must be predicated on the availability of a Federal defense. Nor will it result in removal of cases that belong in State court since only the part of the case involving the Federal officer is removed under 1442(a)(1). In short, this legislation will enable Federal officials to remove cases to Federal court in accordance with the spirit and intent of the removal statute. I hope that my colleagues will join me in supporting this bipartisan legislation.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today with sadness to recognize fallen Rockdale County Sheriff's Deputy Brian Mahaffey. On May 8, Deputy Mahaffey was shot and killed in the line of duty while executing a search warrant in Conyers, Georgia. Deputy Mahaffey was shot. Although he was wearing a bulletproof vest, this bullet entered at an unusual angle and, as a result, he received a fatal gunshot wound. Deputy Mahaffey was only 28 years old. Deputy Mahaffey served his community courageously and honorably. Brian was not only a sheriff's deputy, but he was a husband, he was a father, he was a brother, and he was a son. He loved to fish and he loved to work on cars. His friends often described him as a kindhearted, genuine, sincere, loving person. It is difficult to see a life cut short, Mr. Speaker, by such a reprehensible act, but the people of the 4th District of Georgia are thankful for his love of serving others and protecting the community. I am deeply saddened at the loss of our fallen sheriff's deputy, Brian Mahaffey, and my thoughts and prayers are with him and his family--his wife, Diana; 2-year-old son Trenton; almost 3-month-old daughter Anniston; his brother, Christopher; and his parents, Terry and Cindy. I pray that they find comfort in this unimaginably difficult time. When a law enforcement officer is killed in the line of duty, it's a loss that is felt by all Georgians. We are a family, and we have just lost a son. Brian Mahaffey was a hero. I am humbled by his service and his sacrifice. Deputy Mahaffey's duty was to protect and serve the citizens of Rockdale County. Thanks to law enforcement officers like Brian, our Nation is more secure. He routinely put his life on the line to defend those in Rockdale County, and his bravery resulted in his death. The 4th District has lost a dedicated deputy, a public servant, role model, and family man. We must honor his memory with an unwillingness to surrender to crime and to lawlessness, and we must maintain our determination to bring justice to those who make us unsafe.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to applaud the actions of the House of Representatives in recognizing the importance of women's health in our society. I am proud to be an original cosponsor of H. Con. Res. 268, which empowers women to make their health a top priority. Mother's Day marked the start of National Women's Health Week. This observance is coordinated by the U.S. Department of Health and Human Services' Office on Women's Health. This resolution encourages women to take small steps to improve their health and reduce their risk for many diseases. This resolution reaffirms the sense of the House that all women must have access to medical services and receive fair treatment. Many women have faced significant obstacles in caring for themselves and their families. This is why I voted with a majority of the House to pass health care reform. Health care reform has lowered costs for women, and prohibits insurance companies from overcharging because of gender or denying coverage because of a preexisting condition. Health care reform has improved women's access to medical services by requiring new health care plans to cover preventative care, routine screenings, and regular checkups. During National Women's Health Week, it is important to encourage our wives, mothers, grandmothers, daughters, sisters, and aunts to make time to improve their health, and prevent disease. When women make their health a priority and take small, manageable steps to improve their health, the results can be significant and our entire nation benefits. The health of women is not just a women's issue, but an American issue that affects all of us. May 10th was National Women's Checkup Day. I urge all women in my district, who have not done so already, to make an appointment with their health care professional. Also, I encourage the women in Georgia's Fourth District to take advantage of the educational events, workshops, and conferences taking place in Atlanta this week. I encourage my colleagues to support this resolution which encourages women to take simple steps for a longer, healthier, and happier life.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to applaud the actions of the House of Representatives in recognizing the role of mothers. I strongly support H. Res. 1295, which recognizes the significant contributions of mothers in building strong families and communities across the nation. Madam Speaker, as we quickly approach Mothers Day this Sunday, let us recognize the tireless efforts and contributions to society, the personal sacrifices made, and the wise guidance that mothers provide everyday. The creation of Anna Jarvis, first observed on May 10, 1908, Mothers Day serves as a day of remembrance and reflection on the unyielding love and affection that mothers provide, reminding us that no matter the distance between mother and child, the maternal bond can never be broken. Madam Speaker, Harry Truman once said ``no one in the world can take the place of your mother. Right or wrong, from her viewpoint you are always right. She may scold you for little things, but never for the big ones.'' Mothers play a central role in the development of our children, raising them with values and morals, inspiring and encouraging them to reach for their dreams. No one among us would be where we are without the influence and encouragement of our mothers. Although there is no salary or compensation for the efforts of mothers, their words, actions, wisdom, and love are priceless. One of my favorite quotes about mothers states ``Most of all the other beautiful things in life come by twos and threes, by dozens and hundreds. Plenty of roses, stars, sunsets, rainbows, brothers and sisters, aunts and cousins, comrades and friends--but only one mother in the whole world.'' I would also like to take a chance to recognize two of the mothers in my life, my mother, Mrs. Christine Callier, the woman who shaped every facet of my being as a child, and my wife Mereda, who is the light of my life. I am blessed to have two beautiful, strong and intelligent women to walk through life with. I encourage my colleagues to support this resolution which celebrates the most important profession in the world: motherhood.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to commend the National Urban League on the 100th anniversary of its organization. Mr. Speaker, I am honored to be able to give my congratulations and support in this Chamber today to the National Urban League, one of the oldest civil rights organizations in the United States. Established in 1910 as the Committee on Urban Conditions Among Negroes, the National Urban League continues to this day to be a vital community-based organization dedicated to empowering African Americans and improving the standard of living in underprivileged urban neighborhoods. With over a hundred local branches across our nation, the National Urban League is a living testament to the good that can be accomplished when citizens come together to work for the betterment of their communities. This landmark organization has provided immense support to urban communities throughout the years by offering educational opportunities for youth, expanding civic engagement and community wellness in urban neighborhoods, defending racial justice, and working to improve the economic conditions of African Americans. For example, the Atlanta Entrepreneurship Center, established by the Atlanta Urban League in 2003, works to aid small and medium-sized minority-owned businesses in the urban community by offering much-needed resources and financial advice to minority business owners. The famous American civil rights leader and former President of the National Urban League, Whitney Moore Young, Jr., was once quoted as saying, ``every man is our brother, and every man's burden is our own. Where poverty exists, all are poorer. Where hate flourishes, all are corrupted. Where injustice reins, all are unequal.'' The National Urban League's unwavering commitment to equality exemplifies the philosophy of the late Whitney Young and has brought an inestimable amount of good to urban communities since its inception in 1910. I would like to commend my colleague from Florida, the Honorable Alcee Hastings, for bringing forth the resolution to congratulate the National Urban League on its 100th year of service.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of H.R. 5160 introduced in the House of Representatives by my friend and colleague, Representative Rangel. H.R. 5160 is an important piece of legislation to extend the Caribbean Basin Economic Recovery Act to provide custom support for the Haitian apparel sector. On January 12, 2010, Haiti, one of the poorest country's in the world and the poorest in the western hemisphere, was hit by a 7.0 magnitude earthquake. The earthquake killed thousands of people leaving Haiti's capital partially destroyed. Homes, offices, factories, roads, ports, communications, and other facilities were reduced to ruins. As a result, millions of people have lost their livelihood. Prior to the earthquake, the Haitian government was implementing a number of measures to promote economic growth and the growing apparel sector was a promising success story. According to the U.S. Department of Commerce, however, this sector was devastated by the earthquake. Through its preference trade programs, including those under the Caribbean Basin Economic Recovery Act and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, ``HOPE II Act'', the United States has been an important contributor to Haiti's economic development initiatives by providing duty-free tariff treatment to certain apparel produced in Haiti. In this time of great need for Haiti, I am proud to support H.R. 5160 which would extend duty free treatment to any apparel entering the United States directly imported from Haiti and the Dominican Republic. This measure would dramatically assist Haiti in rebuilding their economy. I urge my colleagues to support this important piece of legislation to show Haitians' the United States' strong commitment to their recovery, development and prosperity.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to express my strong support for H. Res. 1033, supporting the designation of April of 2010 as ``National Autism Awareness Month'' and supporting efforts to devote new resources to research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism. I would also like to commend Congressman David Reichert, the sponsor of this resolution, for his commitment to improving training and supoort for individuals with autism and those who care for individuals with autism. This resolution draws critical attention to the impact that autism has on the people of the United States. Although only 1 percent of the population of children ages 3-17 in the U.S. have an autism spectrum disorder, the cost of autism over the lifespan is 3.2 million dollars per person. The effects of autism are widespread. Autism is the fastest-growing developmental disability with a 1,148 percent growth rate. There are 1 to 1.5 million Americans who live with an autism spectrum disorder. I have had the pleasure of visiting the Marcus Autism Center, near my district, where I was able to see and experience first hand just how crucial it is that families and children affected by autism are given the attention, support, and resources they need, The Marcus Autism Center is a non-profit organization with a mission to provide information, services and programs to children with autism and related disorders, their families and those who live and work with them. The Marcus Autism Center offers integrated advanced clinical, behavioral, educational and family support services. Through the encouragement and financial support of the Marcus family, Marcus Autism Center has become a nationally recognized center for excellence for the provision of coordinated and comprehensive services for children and adolescents with developmental disabilities. The Marcus Autism Center has served more than 30,000 people to date. Please join me and support this resolution to bring awareness to improve training and support for individuals with autism and those who care for individuals with autism in the United States.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I ask unanimous consent to remove myself as a cosponsor of H.R. 4753, the Stationary Source Regulations Delay Act.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to express my strong support for H. Res. 1104, Supporting the mission and goals of 2010 National Crime Victims' Rights Week to increase public awareness of the rights, needs, and concerns of victims and survivors of crime in the United States. I would also like to commend Congressman Jim Costa, the sponsor of this resolution, for his commitment to increasing awareness of protecting the rights, needs, and concerns of victims and survivors of crime in the United States. This resolution draws critical attention to the impact that crime has on the people of the United States. There are over 25 million individuals in the United States that are victims of crime each year, including over 6 million individuals who are victims of violent crime. Crime is a major part of everyday society. The effects of crime touch just about everyone to some degree; the primary group affected are innocent citizens. According to a United Nations report, the United States is the leading country in financial loss due to violent crimes; the cost is estimated around $45 billion. During a time of recession, this information sheds more light on the impact crime has on our society. In Georgia alone there are over 422,589 crimes that are reported each year. The Georgia Bureau of Investigation, GBI, is working hard to provide the highest quality investigative, scientific, and information services and resources to the criminal justice community and others as authorized by law. At this time, the Investigative Division of the Georgia Bureau of Investigation is prioritizing its resources to combat violent crime in Georgia. Death investigation, investigations of violent crime, and investigations of drug activity which directly contribute to violent crime, currently consume the majority of Investigative Division resources. GBI agents are constantly exploring and developing more effective investigative techniques to address violent crime. The Dekalb County Police Department understands and strongly embraces the philosophy and strategy of Community Oriented Policing in their daily operations and functions. Proactive strategies that promote lasting crime reduction and problem-solving will be developed and implemented. This will be accomplished through a working partnership based on mutual trust, understanding and a shared responsibility in all branches of government, the police department, the private sector, each citizen and within all of our communities. I would have to agree with President Obama when he said, ``We are going to do everything in our power as long as I'm in the White House and as long as I'm the father of two girls to make sure that we're providing the states the support that they need''; these words were Obama's commitment to continue to fight crime, and provide law enforcement with the necessary tools. During my time as a Dekalb County commissioner I worked in conjunction with local police departments to combat crime and keep my community safe. As a former commissioner, judge, and a father of two children myself, I understand the detrimental impact that crime can have on a community and the importance of increasing awareness of protecting the rights of victims and survivors of crime. Please join me and support this resolution to bring awareness to the rights, needs, and concerns of victims and survivors of crime in the United States.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to express my strong support for H. Res 1281, Honoring the life and achievements of Dr. Dorothy Irene Height. I would also like to commend Representative Fudge, the sponsor of this resolution, for her commitment to preserving the accomplishments of Dr. Height. Madam Speaker, as a life-long crusader for women's rights, civil rights, racial justice and gender equality, the legacy of Dr. Height's efforts can be seen in many facets of American life, from school integration to voting rights, and fair labor standards. Born in Richmond, VA in 1912, Dr. Height, the valedictorian of her high school class, soon encountered the first of many obstacles to equality that she would face, after being denied entrance to Barnard College due to discriminatory admissions practices. She later went on to graduate from New York University in 1932 and earned a masters degree in educational psychology the following year. Inspired by the efforts of Adam Clayton Powell Sr. and Mary McLeod Bethune, the president of the Harlem YWCA, she took as job on the staff of the YWCA in 1944, where she remained until 1975. From her position on the YWCA staff, Dr. Height was instrumental in providing leadership training and education, eventually organizing and directing the YWCA's Center for Racial Justice. In 1957, Dr. Height was named the fourth president of the National Council of Negro Women, a position she maintained through the height of the civil rights movement. Over the next four decades, she would use her influence to develop a national platform for a wide range of issues regarding civil rights. The creator of programs such as Wednesdays in Mississippi, this 1960s effort brought together interracial groups of women to volunteer at Freedom schools and with voter registration drives, to improve education and civil rights across the State. She would later oversee the ``pig bank'' program through the 70s and 80s. The program was designed as a sustainable initiative to provide pigs to poor families throughout Mississippi. Madam Speaker, although Dr. Height's work never drew the national recognition of other well known civil rights activists, her efforts have not gone unnoticed. This did not trouble her, however, as she once said, ``If you worry about who is going to get credit, you don't get much work done''. She would go on to receive several honors including the Presidential Citizens Medal in 1989, the Franklin Delano Roosevelt Freedom from Want Award in 1993, and the Presidential Medal of Freedom in 1994. I applaud the House of Representatives for honoring Dr. Height's lifetime of leadership, her many cultural contributions to American society, and her service to her fellow citizens. Please join me in supporting this resolution.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, rise today to express my strong support for H. Res. 1271, honoring the life and achievements of Dr. Benjamin Lawson Hooks. I would also like to commend the Chairman of the Judiciary Committee, John Conyers Jr., and Chairman Steve Cohen, the sponsors of this resolution, for their commitment to preserving the accomplishments of Dr. Hooks. Dr. Hooks had a legendary career and truly exemplifies the quintessential renaissance man. He was an inspirational speaker, defender of minorities and the poor, and a well-known director of the National Association for the Advancement of Colored People (NAACP). Dr. Hooks was a lawyer and a Baptist minister best known for boosting membership in the NAACP and making it relevant in today's political times. After a lifetime of advocacy for the oppressed, he was awarded the Presidential Medal of Freedom in 2007. Dr. Hooks was born in Memphis, Tennessee, and took pre-law courses in his home town from LeMoyne College; after graduating in 1944 he joined the Army. During the Second World War, Hooks found himself in the position of guarding Italian prisoners who were allowed to eat in restaurants that were off limits to him. The experience helped to deepen his resolve to do something about bigotry in the South. After his wartime service, he was promoted to the rank of staff sergeant. Hooks went north to Chicago to study law at DePaul University because no law school in Tennessee would admit him. He completed his Juris Doctor Degree in 1948. Upon graduation, Hooks went into private practice in Memphis from 1949-1965. While in private practice he became an ordained Baptist minister in 1956 and began to preach regularly at the Middle Baptist Church in Memphis, while continuing his busy law practice. He served as a public defender in Shelby County. From 1964 to 1968 he was a county criminal judge. Benjamin Lawson Hooks was nominated as a member to the Federal Communications Commission by President Richard M. Nixon in 1972. Shortly thereafter the United States Senate confirmed the nomination, and thus Mr. Hooks became the first African American to be appointed to the Commission. He served as a member of the Federal Communications Commission until 27 July 1977. During his term on the Commission, Hooks actively promoted the employment of African Americans and other minorities in the broadcast industry as well as at the Federal Communications Commission offices. He also encouraged minority ownership of broadcast properties. Hooks supported the Equal Time provision and the Fairness Doctrine, both of which he believed were among the few avenues available to minorities for gaining access to the broadcast media. The nomination and confirmation of Hooks to the Federal Communications Commission represented the efforts by African American organizations such as Black Efforts for Soul on Television to have an African American appointed to one of the seven seats on the Commission. Before Hooks' appointment there had been no minority representation on the Commission and only two women, Frieda Henncock and Charlotte Reid, had been appointed up to that time. Additionally, for 15 years Hooks presided over America's largest and most influential organization for blacks, the National Association for the Advancement of Colored People. Dr. Hooks once said ``A good history covers not only what was done, but the thought that went into the action. You can read the history of a country through its actions.'' Dr. Hooks would be proud on this day. Today, the United States House of Representatives recognizes his travail and hard work through the years. History will judge us by our actions. As a member of the Judiciary, Subcommittee Chairman on Courts and Competition Policy, and a former judge myself, I recognize the importance of leaders such as Dr. Benjamin Lawson Hooks. I am proud to be a legacy of Dr. Hooks' work. He symbolized the epitome of what lawyers and judges strive to be, the character that all of us should strive to show. Please join me and support this resolution to honor Dr. Benjamin Lawson Hooks.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to introduce H.R. --, the Fair Payment of Court Fees Act of 2010. This legislation is vital to preserve democracy and fair access to the courts. It has come to my attention that provisions in the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure, while well intentioned to discourage abuses to the appeal process and encourage settlement, have been shown in practice to unfairly and indiscriminately punish parties for declining an offer for settlement made before trial or seeking appellant review. That policy quite simply goes too far, creating perverse results, and inevitably will prevent litigants from pursuing legitimate cases or appeals for fear of excessive penalties. Recently, there was a national outcry when a Federal court ordered the family of a fallen soldier, Marine Lance Cpl. Matthew Synder of Westminster, Maryland, to pay $16,000 to the people who picketed the funeral of this hero who died in service to his country in Iraq. You heard me correctly, the dead soldier's family was ordered to pay thousands of dollars to the people who picketed their son's funeral and who shouted ``You're going to Hell'' and ``Thank God for dead soldiers.'' This is not adding insult to injury; this is outrageous and cannot be allowed to stand. The family of Matthew Synder's supposed ``fault'' was to defend the decision of the lower court when the picketers appealed. Preposterous and outrageous. As Chairman of the Judiciary Committee Subcommittee on Courts and Competition policy, I cannot wait for the multi-year process of the Rules Enabling Act to correct this injustice. This problem must be corrected now. The rules, as they stand, are a blanket policy to discourage pursuit of justice through the appeals process. That policy quite simply goes too far, creating perverse results, and inevitably will prevent litigants from pursuing legitimate appeals or encourage the parties to settle when they want a court to hear the case for fear of excessive penalties. The bill I have introduced today will stop this travesty and open the court house doors to parties who are acting in the interest of justice. Specifically, the ``Fair Payment of Court Fees Act of 2010'' would amend two procedural rules to ensure access to the Federal courts. My bill would amend Rule 39 of the Federal Rules of Appellate Procedure and Rule 68 of the Federal Rules of Civil Procedure, to give a court discretion to evaluate whether the payment should be waived in the interest of justice including instances where constitutional or other important precedent are at issue. Strict application of the Rules has been detrimental to the public interest. So we would allow our Judges to use their discretion to determine when these fees should be waived. Our courthouse doors must remain open to pursue legitimate claims. I hope that my colleagues will support this legislation.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to express my strong support for H.R. 4275 to designate the annex building under construction for the Elbert P. Tuttle United States Court of Appeals Building in Atlanta, Georgia, as the ``John C. Godbold United States Judicial Administration Building.'' I would also like to commend John Lewis, the sponsor of this resolution, for his commitment to preserving the accomplishments of John C. Godbold. The recognition of the accomplishments of Judge John C. Godbold is well overdue. John C. Godbold, born in Coy, Alabama, attended Auburn University and graduated in 1940. Shortly thereafter, he attended Harvard Law School. His studies were interrupted however, by World War II. He put his studies on hold and joined the Army, where he served as a Major in Europe. After the war, he went back to Harvard Law School to achieve his Juris Doctor degree. Upon graduation, Godbold went into private practice with Richard T. Rives. In 1966, Godbold was appointed to serve as a judge on the Fifth Circuit by President Lyndon Johnson. After numerous attempts to divide the Fifth Circuit, in 1980 the politics finally gave way to the urgency of doing something about the immense workload of the Fifth Circuit. After receiving petitions signed by every district and circuit judge and every bar association within the circuit, Congress conducted formal hearings and approved on October 14, 1980, the division of the court into two circuits. A new smaller Fifth Circuit Court would stay in New Orleans and exercise appellate jurisdiction over cases originating in Louisiana, Texas, and Mississippi, and a brand new Eleventh Circuit would be located in Atlanta and hear cases coming from Georgia, Florida, and Alabama. The split became official on October 1, 1981, and the twelve judges living in the Eleventh Circuit states all elected to join that circuit, while the 14 judges living within the new fifth chose to stay with that Circuit. Atlanta was now home to the Eleventh Circuit Court of Appeals, and Judge John C. Godbold, who had been chief judge of the old Fifth, became chief of the new Eleventh. This made Judge Godbold the only person in United States history to serve as the Chief Judge on two separate judicial circuits. In 1987, Judge Godbold became the Director of the Federal Judicial Center in Washington, D.C., for a three-year term, after which he returned as a senior judge. The center is the research and training facility of the Federal Judiciary. In 1990, Judge Godbold was honored by being named the Leslie S. Wright Distinguished Professor at the Cumberland Law School in Birmingham. He was also honored with the Edward J. Devitt Distinguished Service to Justice Award in 1996 and inducted into the Alabama Academy of Honor in 2002. The Honorable Judge John C. Godbold died on December 22, 2009, leaving behind a legacy that will continue to resonate in history. As a member of the Judiciary, Subcommittee Chairman on Courts and Competition Policy, and a former judge myself, I cannot express enough how important this man's life was. He symbolized the epitome of what lawyers and judges strive to be, the character that all of us should strive to show. Please join me and support this resolution to honor Judge John C. Godbold.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today to proudly support H. Con. Res. 222 introduced in the House of Representatives by Mr. Ortiz. H. Con. Res. 222 recognizes the leadership and lifelong contributions of Dr. Hector Garcia to the Hispanic community and his remarkable work on important issues such as civil rights, health care, veteran benefits, the struggle for racial equality, and ethnic discrimination in the United States of America. Dr. Hector Garcia was born in the city of Llera in Tamaulipas, Mexico, on January 17, 1914. He is the son of two schoolteachers who legally immigrated to Mercedes, Texas, to escape from the violence of the Mexican Revolution in the early 1900s. He graduated in 1940 from the School of Medicine at the University of Texas Medical Branch, and in 1942 volunteered for combat in the Army during World War II. In 1946, after the war, he and his family returned to Texas and settled in Corpus Christi, where he became the president of the League of United Latin American Citizens (LULAC). While in Corpus Christi, Dr. Garcia opened a private practice to treat ill people regardless of their ability to afford health care and he founded the American GI Forum to address VA's discrimination and the right to equality of Hispanic American veterans. Dr. Garcia's strong advocacy and extraordinary work made him the recipient of national and international recognition, including the Nation's highest civilian award in 1984, the Presidential Medal of Freedom, and the Equestrian Order of Pope Gregory the Great from Pope John Paul II in 1990. Dr. Garcia's leadership, advocacy, work and commitment to Hispanic American civil rights equality, access to health care, and the fair treatment of the government's institutions to its citizens regardless of race and ethnicity constitute his legacy, and his invaluable contribution to the proud history of our great nation. I commend the life and legacy of Dr. Hector Garcia and his contribution to the Hispanic community in the United States of America, and I strongly encourage my colleagues to support this important resolution.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to applaud the actions of the House of Representatives in recognizing the importance of National Library Week. I strongly support H. Res. 1222, which recognizes the significant contributions of libraries, librarians, and library workers to our nation's communities. In my home state of Georgia, public library usage has increased more than 10 percent from 2008 to 2009. Libraries are narrowing the digital divide by providing no-fee public computer and Internet access to accommodate the growing need for access to digital and online information. In 2009, the number of public access computer sessions at Georgia libraries topped 15 million. The services provided by public libraries are in greater demand in this economy. Americans use their public library's free Internet access to assist in their job search. When people economize, they check out books, magazines, and DVDs instead of buying them. In 2009, more than 68 percent of Americans had library cards, which is the greatest number of Americans with library cards since the American Library Association began measuring library card usage in 1990. Libraries make a difference in the lives of millions of people in the United States. They are places for opportunity, education, and lifelong learning. Libraries allow those who may not be able to afford books to read and explore other cultures. Libraries are a key player in the national discourse on intellectual freedom and equity of access. During the District Work Period, I was able to tour the Embry Hills Branch Library in Chamblee for the dedication ceremony. I also met with the DeKalb County Library Director, Darro Willey, and Ted Rinehart of the CEO's administration, to hear about the programs and educational activities that are taking place. Libraries in the Fourth District are doing great work. The DeKalb County Library offers tax assistance. It also gets the community involved by using designs from DeKalb County residents for its library cards. The Gwinnett County Library allows patrons to improve their language skills by practicing conversational English. Libraries are vital in helping their communities find and use information and are essential to supporting student achievement. They are essential institutions because they provide information that allows citizens to make informed decisions. They level the playing field by making the world of information available to anyone seeking it. During National Library Week, I am especially pleased to celebrate the libraries, librarians, and library workers. I will continue to encourage residents in the Fourth District of Georgia to take advantage of the tremendous public service libraries and librarians provide. I strongly support H. Res. 1222 and urge my colleagues to do the same.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, it's time to unite behind President Obama's plan. We must deliver affordable health care for the American people. Insurance companies have taken advantage of hardworking Americans for far too long. It's morally wrong to put profits over people, and it must come to an end. I urge my colleagues to put aside their differences and deliver a victory for the American people. This Congress was elected to accomplish this goal. How can we accomplish this goal of health insurance reform without holding the insurance companies accountable? I'm for the people of America, and I stand with you. Now is the time for us to, in unity, come together and solve this dilemma for the American people. I urge you to vote ``yes'' for people over process.