Hank Johnson

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, yesterday a despicable act occurred. By now everyone knows what it was and why it was; so I won't belabor that, other than to say that hatred is something that leads to violence. So we should all be looking deeply within our hearts to remove hatred and to try to value humanity. Officer Stephen Johns leaves an 11-year-old son, whom I saw on TV yesterday, and I don't think he could cry, he was so overwhelmed, and then his mother and his grandmother were too distraught to talk. So they need our prayers, and I send out my condolences to the family. It happened yesterday that a black man, doing his duty at the U.S. Holocaust Memorial Museum, was killed. Our communities have worked so diligently in the past. We have such strong bonds, and so we are there for each other.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, nothing can be more important than the liberties that we enjoy under our Constitution. This bill that we are considering could not be any more important. Therefore, in that regard, I wish to yield 5 minutes to my good friend from New Jersey, Congressman Pascrell.

Mr. JOHNSON of Georgia. Mr. Speaker, I would ask how many minutes are left.

Mr. JOHNSON of Georgia. Thank you, Mr. Speaker. I now yield 4 minutes to the gentlelady from Houston, Texas, and also a fellow member of the Judiciary Committee, Ms. Jackson-Lee. (Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)

Mr. JOHNSON of Georgia. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1741) to require the Attorney General to make competitive grants to eligible State, tribal, and local prosecutors to establish and maintain certain protection and witness assistance programs, as amended.

Mr. JOHNSON of Georgia. Mr. Speaker, I will yield 3 minutes to my fellow Judiciary Committee member, Congressman Pedro Pierluisi.

Mr. JOHNSON of Georgia. The great Constitution of the United States of America starts off with a preamble, and that preamble goes as follows: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. So this bill deals with domestic tranquility; and as you know, Mr. Speaker, the most powerful beast imagined can always be brought down by just a little parasite inside of that particular beast. We too can be subjected to internal parasites, and we can die from that. The question is, are we willing to die to ensure that domestic tranquility is achieved? If we truly care about ourselves, our own safety and the safety of our dear families, neighbors and anyone else, should we not be willing to die to protect our liberties by calling it like it is, street crime? You see something happen--regardless of whether or not you consider that snitching or not, and I would say that it's not. But do you have the courage to be able to do what will really protect your folks? That's the question. Mr. Speaker, I yield back 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 yield myself such time as I may consume. Mr. Speaker, the Witness Security and Protection Act of 2009 authorizes the Attorney General to award grants to States and local prosecutors for establishing and improving short-term witness protection programs for witnesses that are involved in a State or local trial involving a homicide, a serious violent felony, or a serious drug offense. Witness intimidation reduces the likelihood that citizens will be willing to perform their civic duty in the criminal justice system, often depriving police and prosecutors of critical evidence. More broadly, it also undermines public confidence that the criminal justice system can adequately protect its citizens. And there is no better example that demonstrates the need for this legislation than the tragedy that befell the Dawson family in the autumn of 2002 in Baltimore, Maryland. Angela Dawson had repeatedly contacted the police about drug dealing in her neighborhood. In retaliation, Darrell Brooks, a neighborhood dealer, firebombed the Dawson home not once but twice before killing Angela; her husband, Carnell; and all five of their children. This heinous violence perpetrated against the Dawson family was the impetus for this legislation, and I commend Congressman Cummings for his tireless pursuit of this legislation over multiple Congresses. I strongly urge my colleagues to support this legislation. Mr. Speaker, I reserve the balance of my time.

Mr. JOHNSON of Georgia. Mr. Speaker, with respect to my great colleague from the great State of Maryland, Congressman Cummings, I will yield so much time as he may consume.

Mr. JOHNSON of Georgia. Mr. Speaker, on that I demand the yeas and nays.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I will yield back.

Mr. JOHNSON of Georgia. Mr. Speaker, I would join my colleague on the other side of the aisle in support of H.R. 848, which is the bill that you just mentioned, and the reason why is because it's just an issue of fairness. It's fairness to the artist as well as fairness to the platforms upon which we hear these sound recordings, Internet radio being one. Cable, satellite, they have to pay performance royalties, which is really performers' royalties. They must pay that. But the broadcast industry, AM/FM radio, basically, is protected, if you will, or exempted from having to pay. This is anticompetitive, and it also results in great tragedy where these radio stations are able to play music repetitively that we all enjoy listening to, and then the artist who performs the music doesn't get a dime. And so many of them are forced to work what I call the ``Chitlin Circuit'' and, you know, can't even purchase their prescription medication for diabetes, whatever infirmity that they may have. And then some even die indigent and there's no coverage for burial expenses. And so it's really an issue of fairness. And unfortunately, the broadcast industry has done a despicable thing, and that is to play the race card. And they do it with the deceptive and false statement that H.R. 848 is an attempt to drive black broadcasters, black radio stations off, out of existence, and nothing could be further from the truth. May I inquire though, Mr. Speaker, as to whether or not there are anymore speakers?

Mr. JOHNSON of Georgia. Mr. Speaker, at this time, I would yield to my colleague from the great State of Washington, the Honorable Jay Inslee, as much time as he may consume.

Mr. JOHNSON of Georgia. I yield myself such time as I may consume. Mr. Speaker, the Webcaster Settlement Act of 2009 allows the recording industry and the providers of Internet radio, also known as Webcasters, to negotiate reasonable royalty rates for the streaming of sound recordings on the Internet. While a relatively new technology, the audience for Internet radio is growing rapidly. Fifty to 70 million Americans listen to Internet radio each month, in part because of the diverse programming available to cater to many different musical tastes. In 1995, Congress passed a digital performance right for sound recordings. In 1998, the Digital Millennium Copyright Act expanded the right to Internet radio services by granting them the privilege of using copyrighted music at an industry-negotiated rate, or in the event the industry could not negotiate a rate, at a government-mandated rate determined by the Copyright Royalty Board, or CRB. At the request of Webcasters, in 2004 Congress enacted the Copyright Royalty and Distribution Reform Act, which authorized a CRB proceeding to set fair statutory rates for Internet radio. Accordingly, in 2007, the CRB announced new statutory royalty rates for sound recordings to be paid by Webcasters. The CRB's decision, which sets rates on a minimum fee, per-song, per- listener formula, would require Webcasters to pay significantly higher royalties than they previously paid under a percentage-of-revenue model. Because of concerns that the higher rates are likely to threaten the future of Internet radio, Congress enacted the Webcaster Settlement Act of 2008. Signed into law last October, it allowed for the implementation of royalty fee agreements reached on or before February 15, 2009, between the recording industry and Webcasters that would serve as an alternative to the payment scheme set forth in the CRB decision. While some Webcasters were able to reach consensus with the recording industry, others have not yet reached an agreement. Enactment of the Webcasters Settlement Act of 2009 will give more parties an opportunity to reach a consensus by allowing them to negotiate alternative rates. This opportunity to reach consensus will protect the viability of technology enjoyed by millions of Americans every day. This legislation has the full support of the relevant parties. I commend the Internet radio and recording industries for the substantial progress that has been made in negotiations in recent months, and I encourage them to resolve all outstanding issues promptly so that we may see a thriving Internet radio industry in the near future. I commend my colleague, Jay Inslee of Washington, for his leadership on this legislation, as well as Intellectual Property Subcommittee Chairman Howard Berman for facilitating discussions between the parties. I would like to also commend Judiciary ranking member, Mr. Lamar Smith, for his leadership in making this a truly bipartisan effort, and I urge my colleagues to support this important legislation. Mr. Speaker, 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 this bill.

Mr. JOHNSON of Georgia. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2344) to amend section 114 of title 17, United States Code, to provide for agreements for the reproduction and performance of sound recordings by webcasters.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Mr. Speaker, I yield back my time on this matter.

Mr. JOHNSON of Georgia. We have no more speakers, and I would be prepared to conclude.

Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this legislation extends by 1 year expiring provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, otherwise known as ACPERA. ACPERA not only increases maximum criminal penalties under the Sherman Act for hardcore antitrust violations but also created whistleblower incentives to spur antitrust cartel detection. Portions of the 2004 act are set to expire in 2 weeks on June 22. This 1-year extension preserves the penalties and incentives currently in place, while affording Congress time to explore possible improvements to the 2004 act. I am pleased to have as cosponsors of this bill the chairman of the Judiciary Committee, John Conyers, as well as full committee Ranking Member Lamar Smith and Courts Subcommittee Ranking Member Howard Coble. Cartel violations are some of the worst crimes perpetrated on the American consumer; yet they are too often crimes we cannot see, as all of this criminal activity takes place in secret meetings behind closed doors. In the previous bill, we were talking about crime in the streets, and now we are talking about crime in the suites. Price-fixing cartels can go undetected for years, possibly forever. With hundreds of millions or even billions of dollars worth of unlawful profits at stake, these criminal cartels are very effective at finding ways to keep their actions secret. But 5 years ago, Congress gave the Justice Department's Antitrust Division a new weapon to attack this secrecy head-on. ACPERA promotes the detection and prosecution of illegal cartel behavior by giving participants in a price-fixing cartel powerful incentives to report the cartel to the Justice Department and cooperate in the prosecution of the cartel. Before ACPERA, the Justice Department could offer leniency to a coconspirator who exposed a cartel and helped bring it to justice. But the cooperating party remained fully liable to paying treble damages to the cartel's victims and potentially exposed to having to pay the entire amount. ACPERA addressed this shortcoming in the criminal leniency program by also limiting the cooperating party's exposure to liability with respect to civil litigation. ACPERA empowers the Justice Department to limit civil liability of a cooperating party to single damages, not treble. The remaining coconspirators, however, remain jointly and severally liable for all damages. In this way, Mr. Speaker, the act strikes a carefully crafted balance, encouraging the cartel members to turn on each other while ensuring full compensation to the victims. The positive impact of this law cannot be overstated. In the first half of this year, ACPERA has aided the antitrust division in securing jail sentences in 85 percent of its individual prosecutions and over $900 million in criminal fines. As chairman of the Judiciary Committee's Subcommittee on Courts and Competition Policy, I want to ensure that the Justice Department has all the tools it needs to continue its excellent work, which is to protect consumers against price-fixing cartels. Again, I thank the bipartisan coalition of Members who have joined me as cosponsors in this very important legislation. I urge my colleagues to support this 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. 2675) to amend title II of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such title for a 1-year period ending June 22, 2010.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I regret that I was unavoidably detained and was unable to vote on Thursday, the 4th of June. Had I been present, I would have voted: ``No'' on rollcall vote No. 309, On Motion to Recommit with Instructions to H.R. 626. ``Yea'' on Final Passage of H.R. 626, Federal Employees Paid Parental Leave Act of 2009.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Speaker, I rise today in strong support of H.R. 466, the ``Wounded Veteran Job Security Act.'' I would like to thank my colleague Representative Lloyd Doggett for introducing this important piece of legislation, as well as the co-sponsors. I stand in support of this legislation because it will prevent employers from discriminating against disabled veterans, who have to take a leave of absence from their jobs to receive medical treatment for illnesses, injuries, and other disabilities that they incurred during their time in the armed services. This bill will also entitle a disabled veteran to use vacation, annual, medical, or similar leave with pay before the beginning of their treatment. Like all Americans, the 102,261 disabled veterans in the state of Georgia, rely upon the incomes that they earn from their jobs, because receiving disability payments alone is not enough. When veterans receive disability payments, the amount of their compensation is dependent upon the evaluation of the severity of their disabilities and then the severity of the injury is rated in increments of 10, ranging between 10 and 100 percent. As of the beginning of the 2009 fiscal year, the largest category of veterans was at the 10 percent disability rate. These 782,000 veterans of the 2.9 million in total receiving disability payments are only being paid approximately $123 per month which totals to $1,476 a year. Presently, it is impossible to make a living and support a family on this amount of money, especially in Georgia's Fourth Congressional District. In the Georgia Fourth Congressional District the average yearly household income is approximately $49,000. The termination of a veteran because of their need to obtain medical treatment for an injury or injuries incurred while they were in the armed services of their country is not fair. We owe these individuals a great deal. These veterans have given so much to the United States, and were willing to pay the ultimate sacrifice--their lives for freedom. The least we can do is protect their well being after their service.

Mr. JOHNSON of Georgia

Mr. JOHNSON of Georgia. Madam Chair, I rise in strong support of H.R. 626, the ``Federal Employees Paid Parental Leave Act of 2009.'' This legislation will update federal employee benefits to reflect the way families live today by providing four weeks of paid parental leave for federal employees. The 90,000 federal employees living in my home state of Georgia need us to pass this bill. A generation ago, the overwhelming majority of families had a mother who stayed at home to provide full-time childcare. Today, tens of thousands of families depend on the income of more than one income-earner to make ends meet. When these families prepare to welcome a new child into their homes they are often faced with an impossible decision--forgo a paycheck or forgo the most critical period of time to care for and bond with their new baby. As the Nation's largest employer, the Federal Government should lead the way in establishing family-friendly leave policies. I urge my colleagues to support H.R. 626 to ensure that no federal employee is forced to choose between their new child and their job.