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tv   [untitled]  CSPAN  June 9, 2009 1:30pm-2:00pm EDT

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solutions? well, mr. speaker, as you know and as the american people know there are good bills out there. one of them is one that i have co-sponsored, h.r. 2300, coming out of the republican study committee and the western caucus, called the american energy innovation act. what it does is provide for increasing production, responsible production of american resources. it provides for increasing conservation so that we decrease the demand side of the energy curve. and it provides for expansion of innovation, incentives for innovation so that we unleash the genius of the american people to solve the challenges that we have in the area of energy. . it doesn't tax the american people, it doesn't decrease jobs, it doesn't decrease electricity prices, as the democratic plan would do. it doesn't increase gas prices as the democrats would do. it doesn't increase natural gas prices, as the democrat plan would do. it doesn't increase the family
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energy bill, and it doesn't increase the federal debt. no, mr. speaker, it solves the problems in the way that the american people want them solved. the american energy innovation act would increase production in a responsible and environmentally sensitive and sound way. it would increase innovation so that we develop the new energy for this 21st century, and it would increase conservation, decrease that demand side so that we don't continue to support countries overseas that frankly, mr. speaker, aren't necessarily our friend. so i appreciate the opportunity to commend my friend from georgia for his bill. i appreciate my friend from california for offering this opportunity to speak to my colleagues, to speak to my colleagues and to ask the speaker, to ask the speaker if she wouldn't allow for full and open debate of appropriate energy bills that the american people can support, not ones that increase their taxes and decrease jobs all across this land. and i yield back the balance of my time.
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the speaker pro tempore: the gentleman from georgia yields back. the gentleman from georgia is recognized. mr. johnson: thank you, mr. speaker. nothing can be more important than the liberties that we enjoy under our constitution. and this bill that we are considering could not be any more important. so, therefore, in that regard, i wish to yield to my good friend, congressman pascrell, five minutes. the speaker pro tempore: the gentleman from new jersey is recognized for five minutes. mr. pascrell: mr. speaker, this is truly bizarre. we're talking about life and death issues, and i know technically you can speak about everything, but we are talking about life and death issues. we have seen witnesses disappear, go underground so that law enforcement can now
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protect us. and if the gentleman, my good friend from georgia, gets up and talks about something which has nothing to do, absolutely nothing to do with what we're talking about, but i guess that's par for the course. so i thank the ranking member, i thank the chairman, i thank mr. conyers for getting this legislation. and mr. cummings has done us all a great favor. nothing is going to help law enforcement more than our trying to help the protection of the witnesses out there who view these crimes. criminal street gangs have been a major concern all across this country and new jersey. law enforcement -- and truly law enforcement cannot do its job if we do not do this legislation. i don't believe, mr. speaker,
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that there is a more significant thing that we can do and reversing the losing battle that we face at this point and attack street crime and ending modern-day organized crime on the streets. you need viable witnesses who are not left to chance and risk and will not be frightened or intimidated. in 2007 the survey was conducted in new jersey by the state police. the respondents in four new jersey municipalities out of every 10, that's 43%, reported the presence of street gangs in their jurisdiction during the previous 12 months. not only in cities but in suburban communities. as a former mayor, i know how tough it is for our cities and communities to deal with gang problems all across the united states of america. gang members are involved in violent and drug-related crimes
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and recruit young folks in our public schools. catching and punishing the perpetrators of these crimes is oftentimes difficult if not impossible. gangs are so pervasive in many communities that the threat of violent reprisal against members of the community or gang members who want to leave severely hinders law enforcement investigations. h.r. 1741 would provide a crucial missing link that prevents many of these crimes from being solved in the first place. this legislation will allow the justice department to begin offering grants to local communities to implement local witness protection programs. what have we come to when we talk about witness protection programs we think we're talking about something 20 years ago, 40 years ago. we're talking about now. we're talking about in our own
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neighborhoods. we are talking about our own families. that's what we're talking about. ensuring witness safety, shorten long-term relocation and financial and housing assistance are essential to the effective investigation and prosecution of gang-related crimes, mr. speaker. the federal government must reach out to assist local police departments in keeping our communities and our schools safe. this bill will provide a critical service to many needed communities. and i thank those folks who brought it to the floor and particularly mr. cummings, my good friend from maryland. and i'm glad we can stay, most of us, on the topic at hand. thank you, mr. speaker. i yield back. the speaker pro tempore: the gentleman from new jersey yields back. the gentleman from california is recognized. mr. issa: i thank the gentleman. and we believe that the precious time on the floor needs to be well spent and we
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certainly support that we are well spending it. this is an important piece of legislation. it's important because in fact we in the federal government need to team with cities and localities around the country to ensure that we not distort where prosecutions are made. i fully support this legislation because in fact it will with all due respect to my colleague it will relieve the cities and the counties from often choosing a federal venue rather than local venue if we help them protecting their witnesses, something that the federal government and the u.s. marshals have proven to do well. it's a bipartisan bill. i reserve the balance of my time. the speaker pro tempore: the gentleman from california reserves the balance of his time. the gentleman from georgia is recognized. mr. johnson: thank you, mr. speaker. i'd ask how many minutes are left. the speaker pro tempore: six minutes for your side.
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for the gentleman from georgia. the gentleman from california has nine minutes remaining. mr. johnson: thank you, mr. speaker. i would now yield four minutes to the gentlelady from houston, texas, and also a fellow member of the judiciary committee. the speaker pro tempore: the gentlewoman from texas is recognized for four minutes. ms. jackson lee: i thank the distinguished member of the judiciary committee and chairperson of the subcommittee, mr. johnson, on the judiciary committee. and i thank the speaker. i ask to address the house and to revise and extend. allow me to rise and support h.r. 1741. long and coming and long overdue. tragically we are seeing the increased utilization of gun violence and certainly the increased impact on our
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teenagers. whether or not it is guns used in gang activity or guns used to slaughter innocent persons in various stop-and-go shops or others, we are seeing that kind of senseless violence. over the last couple of days, i saw in my own community two hardworking shop keepers murdered and slaughtered in their own shop early in the morning. and the kind of killing it was may have generated witnesses who need to be protected. we have watched the slaughter of children in chicago in the school district that has gotten to be an epidemic conditions. they have been using guns. there have been young people leaving churches who have been shot and killed. and so we understand the value of this legislation.
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and i remember a hearing before the judiciary committee where the individuals who wanted this kind of protection told us of the fear in which they live. so h.r. 1741, sponsored by my good friend, representative elijah cummings, is an important legislate tif initiative. it joins right together for h.r. 454 which will be on the house floor in a few minutes which deals with the national center of missing and exploited children, those who have been kidnapped and murdered and those exploited. again, it ties back to this whole question of witnesses providing the necessary testimony to convict those of heinous crime. this may not be the necessary -- necessity for h.r. 515, but i also add my support for the legislation that condemn the slaughter and murder of army
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private william long and the wounding of army private quinton ezeagwula. that was a terrorist act of which we condemn. it may be that the alleged perpetrator is in prison but we don't know if there is a widespread conspiracy. we hear so. again, h.r. 1741 would allow us to protect these witnesses. the act of killing our military personnel on u.s. soil was an act of terror. i abhor it, i denounce it. it is a resounding disgrace in this country and, therefore, h.res. 515 should in fact be able to pass. all of these tie to the idea of protecting witnesses in criminal activities because we realize how frightening a prospect it is. i also add my support to h.r. 2675, the antitrust criminal penalty enhancement and reform act of 2004. it is the extension, and i am also a member of the subcommittee on antitrust and view this as an important legislative initiative. allow me to close by suggesting
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that as we saw in my remarks earlier today on h.res. 505, condemning the death of dr. george tiller, we have conditions here that warrant this legislation, h.r. 1741. it is terrible that violent acts are perpetrated here in america, that they're used -- violent act comes about through the use of firearms and other matters and, therefore, there will be witnesses that is necessary to bring these people to justice. i cannot imagine to allow these heinous crimes be perpetrated and then we are not able to prosecute because a witness is frightened for them and their family. the legislation that we are now speaking to provides that protection, and i ask my colleagues to support the legislation and i yield back. the speaker pro tempore: the gentlewoman's time has expired. the gentleman from california. mr. issa: at this time i would continue to reserve, mr. speaker. the speaker pro tempore: the gentleman from california continues to reserve.
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the gentleman from georgia is recognized. mr. johnson: mr. speaker, may i inquire how many more speakers the gentleman from california has remaining. mr. issa: i thank the gentleman. i'm prepared to yield back if the gentleman is prepared to close. mr. johnson: thank you. i am prepared to close. mr. issa: mr. speaker, at this time i would yield back the balance of my time and support the passage of this important legislation. the speaker pro tempore: the gentleman from california yields back the balance of his time. the gentleman from georgia is recognized. mr. johnson: yes. thank you, mr. speaker. 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, ensure domestic tranquility, provide for the common defense, promote the general welfare and secure the
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blessings of liberty to ourselves and our prosperity do ordain and establish this constitution for the united states of america. and so this bill deals with domestic tranquility. as you know, mr. speaker, the most powerful beast imagined can always be brought down by just a little pair site inside of that -- pair asite inside that -- para site inside -- parasite inside that particular beast. we can be subjected to parasites. the question is are we willing to die to ensure that domestic tranquility is achieved.
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if we truly care about ourselves, mr. speaker, 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 -- do you have the courage to be able to do what will really protect you folks? that's the question. and i yield back. the speaker pro tempore: the gentleman from georgia yields back. the question is will the house suspend the rules and pass h.r. 1741 as amended.
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those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 having responded in the affirmative, the rules are suspended, the bill is passed, and without objection the motion to reconsider -- mr. johnson: mr. speaker, i would ask for the yeas and nays. the speaker pro tempore: the yeaps are requested. all -- the yeas and nays are requested. all those in favor of taking a vote by the yeas and nays will rise and remain standing until counted. a sufficient number having arisen, the yeas and nays are ordered. pursuant to clause 8 of rule 20 and the chair's prior announcement, further proceedings on this motion will be postponed. . the gentleman from georgia. mr. johnson: i move to suspend the rules and pass h.r. 2675. the speaker pro tempore: the clerk will report the title of the bill. the clerk: h.r. 2675, a bill to
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amend title 2 of the antitrust criminal penalty enhancement and reform act of 2004 to extend the operation of such title for a one-year period ending june 22, 2010. the speaker pro tempore: pursuant to the rule, the gentleman from georgia, mr. johnson, and the gentleman from california, mr. issa, each will control 20 minutes. the chair recognizes the gentleman from georgia. mr. johnson: thank you, mr. speaker. i ask unanimous consent that all members may have five legislative days to revise and extend their remarks and include extraneous material on the bill under consideration. and i yield myself such time as i may consume. the speaker pro tempore: without objection, so ordered. the gentleman is recognized. mr. johnson: mr. speaker, this legislation extends by one year expiring provisions of the antitrust criminal penalty ena -- enhancement and reform act of
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2004 and -- otherwise known as acpera. it not only increases maximum criminal penalties under the sherman act for hard core antitrust violation, but also created whistleblower incentives to spur antitrust cartel detection. portions of the 2004 act are set to expire in two weeks on june 22. this one-year extension preserves the penalties and incentives currently in place while affording congress time to explore possible improvements to the 2004 act. i'm pleased to have as co-sponsors 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.
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cartel violations are. so 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. 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 a very effective at finding ways to keep their actions secret. but five years ago congress gave the justice department antitrust division a new weapon to attack this secrecy head-on.
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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 co-conspirator who exposed a cartel and help bring it to justice but the cooperating party remained fully libel to paying 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
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parties' exposure to liability with respect to civil litigation. acpera empowers the justice department to limit civil liability of a cooperating party to single damages, no treble. the remaining co-conspirators, however, remain jintly and severly libel for all damages. in this way, mr. speaker, the act strikes to carefully -- strikes a carefully crafted balance encouraging 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% of its individual prosecutions and over
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$900 million in criminal fines. as chairman of the judiciary committee 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 members who have joined me as co-sponsors in this very important legislation and i urge my colleagues to support this legislation and i reserve the balance of my time. the speaker pro tempore: the gentleman from georgia continues to reserve his time. the gentleman from california is recognized. mr. issa: thank you, mr. speaker. i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. issa: at this time i'd like to inquire if the gentleman has any further speakers after i conclude? mr. johnson: we have no more speakers. mr. issa: i'll be brief. this is noncontroversial.
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this is in fact the antitrust criminal penalty enhancement reform act of 2009 is about a program that is working. it is a program that not only do i hope we will unanimously pass and send to the senate, but that the senate will act quickly so that the two weeks remaining this statute will not expire and that we will use this year wisely to review and re-authorize in a longer term basis this act. acpera has in fact worked. it is something that both the majority and minority have agreed on. i urge its passage and yield back. the speaker pro tempore: the gentleman from california yields back. the gentleman from georgia is recognized. mr. johnson: mr. speaker, i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the question is, will the house suspend the rules and pass h.r. 2675. so many as are in favor say aye. thone. -- those opposed, no.
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in the opinion of the chair, 2/3 of those voting having responded in the affirmative, the rules are suspended, the bill is passed, and without objection the motion to reconsider is laid upon the table. the gentleman from georgia. mr. johnson: mr. speaker, i move to suspend the rules and pass h.r. 2344. the speaker pro tempore: the clerk will report the title of the bill. the clerk: union calendar number 71, h.r. 2344, a bill to amend section 114 of title 17 united states code to provide for agreements for the reproduction and performance of sound recordings by webcasters. the speaker pro tempore: pursuant to the rule, the gentleman from georgia, mr. johnson, and the gentleman from california, mr. issa, each will control 20 minutes. the chair recognizes the gentleman from georgia. million johnson: thank you, mr. speaker. i ask unanimous consent that all members may have five legislative days to revise and extend their remarks and also to
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include extraneous material on this bill. i i yield myself such time as i may consume. the speaker pro tempore: without objection, so ordered. mr. johnson: i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. johnson: 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. 50 million 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
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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 industry cannot negotiate a rate at a government mandated rate determined by the copyright royalty board, or c.r.b. at the request of the webcasters in 2004, congress enacted the copyright royalty and distribution reform act which authorized the c.r.b. proceeding to set fair statutory rates for internet radio. accordingly in 2007, the c.r.b. announced new statutory royalty rates for sound reportings to be paid by webcasters. the c.r.b.'s decision which sets
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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 beb 15, 2009, between the recording industry and webcasters that would serve as an alternative to the payment scheme set forth in c.r.b. decision. while some webcasters were able to reach consensus with the recording industry, others have not yet reached an agreement.
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enactment of the webcaster settlement act of 2009 will give more parties an opportunity to reach a consensus by allowing them to negotiate alternative rates. and 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
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discussions between the parties. i'd 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. and i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from california, mr. issa, is recognized. mr. issa: thank you, mr. spker. it's now my pleasure to yield for our response to the gentleman from south carolina for such time as he may consume. the speaker pro tempore: the gentleman from south carolina is recognized. >> thank you, mr. speaker. i appreciate the gentleman from california yielding. h.r. 2344, the webcasting settlement act of 2009, grants limited statutory authority to sound exchange. the government designated entity that is responsible for disbursing webcast royalties to

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