Saturday, Nov. 7 – The Georgia Veterans Day Parade in downtown Atlanta will begin at 11:11 a.m. For more information, log on to http://www.gavetsdayparade.org/.
Sunday, Nov. 8 – The Lilburn Annual Veterans Day Celebration will be held Lilburn City Park from from 3 - 5 p.m.
Tuesday, Nov. 10 – The DeKalb Veterans Day Ceremony is presented by DeKalb Veterans Affairs Advisory Board (sponsored by DeKalb County) at 10 a.m. in downtown Decatur on the Square. For more information, call Ray Jones at 770-656-0994.
Wednesday, Nov. 11 – The Rockdale County Walk of Heroes begins at 11:11 a.m at Randy Poynter Lake in north Rockdale County. For more information, visit www.walkofheroes.com or call Barbara Clanton at 770-278-7003.
Wednesday, Nov. 11 – The Gwinnett County Veterans Day Ceremony will be held at Gwinnett’s Fallen Heroes Memorial, 75 Langley Drive, Lawrenceville, GA 30046 at 11 a.m. For more information, call 770.822.8840.
Wednesday, Nov. 11 – Veterans Day Ceremony in Decatur Cemetery - To honor the veterans buried in Decatur Cemetery, the Friends of Decatur Cemetery (FODC) will place flags on the graves prior to the 11 a.m. ceremony sponsored by FODC and American Legion Post 66. For more information, call 404-378-4411.
]]>Under current law, an inmate on death row can be stranded with no procedural options to appeal a conviction, even if there is compelling new evidence that he or she is innocent.
The Effective Death Penalty Appeals Act would:
(1) empower federal courts to grant habeas corpus relief for a prisoner on death row who presents newly discovered evidence that demonstrates probable innocence; and
(2) allow prisoners on death row to file successive federal habeas petitions if, and only if, they present newly discovered evidence that a panel of federal judges rules may be reasonably expected to demonstrate innocence.
If a federal court were to grant such a habeas corpus petition, the case would likely return to its original jurisdiction for retrial.
“We’ve got folks on death row with no opportunity to show compelling new evidence of innocence,” said Johnson, Chairman of the Court and Competition Policy Subcommittee. “The status quo is inhumane and unconstitutional.”
“The Effective Death Penalty Appeals Act would prevent the execution of possibly innocent people where there is new evidence of innocence,” said Constitution Subcommittee Chairman Nadler. “If the death penalty remains the law of the land, then, at the very least, our legal system must never ignore evidence that could exonerate the accused. Death is different from all other penalties; it is irreversible. Those on death row must have the opportunity to bring forward all of the available evidence.”
“Unfortunately, errors in death penalty cases are not discovered until after the defendant is already incarcerated,” said Judiciary Committee Chairman Conyers. “In some terrible cases, the system may well be allowing some innocent defendants to be executed.”
“We have learned in Georgia,” said Rep. Lewis, “from the injustice of cases like that of Troy Anthony Davis, where legal technicalities prohibit new, important evidence from being heard. The value of a human life overrides any inconvenience of law. We have a duty and an obligation to ensure that those who may be innocent have every opportunity to be heard.”
“When it comes to a human life, the courts must always be able to take a closer look at evidence that supports claims of innocence,” said Johnson. “We should never put someone to death if there are innumerable doubts or omissions.”
The Effective Death Penalty Appeals Act has been endorsed by Amnesty International and the NAACP.
Why this bill matters
Two cases – one present, one past – demonstrate the necessity of this legislation.
Today, Troy Anthony Davis sits on death row in Georgia. He was convicted of murder in 1991, but nine of eleven eyewitnesses have subsequently recanted their testimony. Because Davis has exhausted his appeals at the state level and federal law offers him no path to relief, he is unable to present the new evidence that might exonerate him.
The Supreme Court has relied upon its original jurisdiction to order the U.S. District Court for the Southern District of Georgia to grant Mr. Davis an evidentiary hearing. However, the law in its current form does not necessarily give the District Court authority to grant Mr. Davis’ habeas petition, even if they find that the new evidence supports his innocence claim.
In his opinion “In Re Troy Davis” (No. 09-1443; August 17, 2009), Supreme Court Justice Stevens wrote that the section of law to be amended by the Rep. Johnson’s bill is in its present form “arguably unconstitutional to the extent it bars relief for a death row inmate who has established his innocence.” Rep. Johnson’s bill would amend that section to allow a prisoner on death row to present newly discovered evidence of their innocence.
In 2004, Cameron Willingham was executed by the State of Texas for the murder of his children by arson. After Willingham’s conviction, a widely-respected forensics expert reviewed the case and concluded in a report that there was “no evidence of arson.” The report was sent to Governor Rick Perry and the Texas Board of Pardons and Paroles with Willingham's appeal for clemency. Willingham was executed anyway. Subsequent investigations have cast even more doubt upon the conviction. Newly discovered evidence never got the full hearing it deserved.
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The Affordable Health Care for America Act (H.R. 3962), which updates bills passed by House committees over the summer, reflects the priorities of the House, President Obama and the American people.
A vote on the legislation is expected next week.
“This historic bill is a once-in-a lifetime opportunity to ensure that all Americans get quality, affordable health care,” said Johnson. “This legislation will reduce costs, prohibit discrimination against patients with pre-existing conditions and extend coverage to the uninsured.”
The legislation will ensure that 96 percent of Americans are covered by a quality, affordable health plan, and it would cover 36 million more people who do not have coverage today. The Congressional Budget Office (CBO) estimates the cost of expanding coverage at $894 billion, consistent with the $900 billion coverage mark stipulated by the President. CBO estimates the bill reduces the deficit by at least $30 billion over 10 years.
“For the people of the Fourth District, this is an urgently needed bill,” said Johnson. “I’m pleased that after hundreds of hearings and thousands of public meetings across the nation, we are one step closer on the long road to reform.”
A closer look:
• Exempts small businesses. Under the revised legislation, small businesses with payrolls below $500,000 (instead of $250,000) would be exempt from the employer mandate – which is 86 percent of America’s businesses.
• Help for seniors with drug costs in the Part D donut hole. The revised bill moves forward the effective date of reducing the donut hole by $500 and instituting a 50 percent discount for brand-name drugs in the donut hole from January 1, 2011 to January 1, 2010. It also eliminates the donut hole by 2019 instead of 2024.
• Reduces the deficit more. According to the CBO, the revised bill reduces the deficit by $30 billion over the first 10 years. (The original bill reduced the deficit by $6 billion over the first 10 years). The revised bill also continues to reduce the deficit over the second 10-year period.
• Ends health insurance companies’ blanket exemption from anti-trust laws. In order to open up health insurance markets to real competition, the revised bill ends insurers’ blanket exemption from anti-trust laws, bringing antitrust enforcement to the two most abusive practices of health insurers – price fixing and market allocation.
• Extends coverage for young people up to their 27th birthday through parents’ insurance. The revised bill requires health plans to allow young people through age 26 to remain on their parents’ policy, at their parents’ choice.
• Creates a new, voluntary, public long-term care insurance program. The revised bill creates a long-term care insurance program to be financed by voluntary payroll deductions to provide benefits to adults who become functionally disabled. The measure provides a cash benefit to help individuals with community-based services.
To view a copy of the Affordable Health Care for America Act, H.R. 3962, click here.
To view a copy of the Medicare Physician Payment Reform Act, H.R. 3961, click here.
To view a bill summary, detailed fact sheets and more information on what the health insurance reform will mean for Americans, click here.
Although the total is preliminary – Recovery funds will be spent well into 2010 – a more robust accounting of Recovery funds spent to date will be provided by the White House on Oct. 30.
The report is expected to show how Recovery Act monies have been spent and how many jobs have been and will be created with the funding.
By the end of 2010, the ARRA will provide – among many other projects – nearly $100 million for Fourth District schools, more than $65 million for MARTA, more than $100 million for roads and bridges and $8 million for weatherizing homes.
“It’s important that we leverage as many federal resources as possible to help residents struggling to find jobs, pay the mortgage or rent, attend college and put food on the table,” said Johnson. “The Recovery money is not a cure all, but a good boost that has already saved or created more than 1,200 teaching and construction jobs in our District. I think its impact will continue to be felt well into 2010 and beyond.”
The Atlanta Journal-Constitution ran a correction Friday, Oct. 23 after it reported in an article Oct. 19 that just $2 million from ARRA had flowed into Johnson’s district and $5.9 million into John Lewis’ (GA-05) district.
The correction on A2 read: “A chart accompanied a front-page article Monday about federal stimulus spending included some incorrect figures. … Rep. Hank Johnson’s congressional district has received $82 million.”
“I’m just pleased residents of the Fourth know I’m working hard to get this economy jump started again, and will do everything in my power to make that happen.”
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Congressman Hank Johnson (GA-04), Chairman of the House Judiciary Subcommittee on Courts and Competition Policy, is an original cosponsor of the USA PATRIOT Act Amendments Act of 2009 (H.R. 3845), and the Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2009 (H.R. 3846).
Both bills were introduced by House Judiciary Committee Chairman John Conyers (MI-14) on Oct. 20.
H.R. 3845 would reauthorize those PATRIOT Act provisions critical to counterterrorism, while dramatically curbing excesses that jeopardize Americans’ civil liberties.
H.R. 3846 would repeal immunity for telecom companies that facilitate illegal spying on American citizens; ban “bulk collection” of Americans’ communications; and prohibit “reverse targeting,” or the exploitation of foreign surveillance laws to monitor U.S. citizens’ activities within the United States.
“The threat of terrorism is real, and law enforcement must have the right tools to protect Americans,” said Johnson. “But the PATRIOT Act went too far, and these bills will ensure that our counterterrorism efforts have a solid Constitutional footing.”
Johnson joined Chairman Conyers and fellow subcommittee chairs Reps. Jerrold Nadler (NY-08), Bobby Scott (VA-03) and Steve Cohen (TN-09) as an original cosponsor of both bills.
What it would do: USA Patriot Amendments Act of 2009
Roving Wiretaps
• Clarifies roving wiretap laws in order to ensure that the government only conducts surveillance on a single, identifiable target.
Criminal “Sneak and Peak” Searches
• Adopts safeguards against abuse of searches where notice to subject of search is delayed by shortening the initial 30 day delay period to 7 days, requiring that any application for an extension in the 7 day delay be made by the Senate confirmed US Attorney in the district where the delayed notice warrant was originally obtained, and removing ability to obtain delay by merely alleging that notice would “otherwise seriously jeopardize an investigation or unduly delay a trial.”
Lone Wolf
• Allows the Lone Wolf provision to sunset at the end of this year (December 31, 2009).
Title II: National Security Letter (NSL) Reform
• Ensures that the FBI can obtain basic information without a court order, but also adds reasonable safeguards.
• Improves the issuance standard for NSLs by requiring specific and articulable facts showing that there are reasonable grounds to believe that the information sought pertains to a foreign power or agent of a foreign power, and requires the FBI to record them in a written certification.
FISA Amendments Act of 2009
Telecommunications Immunity
• Repeals the retroactive immunity provision in the FISA Amendments Act of 2008, leaving it to the courts to determine whether telephone companies that complied with the illegal warrantless wiretapping program acted properly under the laws in effect at the time and therefore deserve immunity.
Reverse Targeting
• Places additional limits on the warrantless collection authorities of the FISA Amendments Act of 2008 to ensure that they are not used as a pretext when the government’s real goal is to target the Americans with whom the ostensible foreign target is communicating.
Use of Unlawfully Obtained Information
• Limits the government’s use of information about U.S. persons that is obtained under FISA Amendments Act of 2008 procedures that the FISA Court later determines to be unlawful, while still giving the FISA Court flexibility to allow such information to be used in appropriate cases.
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WASHINGTON – Tuesday, Rep. Hank Johnson (GA-04) introduced the Affordable Access to Prescription Medications Act of 2009, or H.R. 3799, to cap monthly out-of-pocket costs for specialty drugs, including those covered under Medicare Part D and private insurance plans.
The bill is expected to lower prescription costs for 2.5 percent to 10 percent of Americans who are saddled by the highest drug costs.
“Skyrocketing health care costs are crippling individuals and families,” said Johnson. “Especially hard hit are our most vulnerable citizens – the poor and people with serious illness such as Multiple Sclerosis, arthritis and lupus. Providing these folks with access to affordable treatment is paramount if we are serious about reforming a system that is not working for so many Americans.”
Studies show that 20 percent of Americans who are forced to spend more than $250 of their own money on medications per month often do not fill their prescriptions – making their health worse and increasing overall health care costs.
“Out-of-pocket expenses are only getting worse, especially as prescription drug costs increase,” said Johnson. “Prescriptions are the largest single medical out-of-pocket expense for patients, and this bill would go a long way to help reduce that burden.”
Rep. Johnson’s Affordable Access to Prescription Medications Act will:
“In today’s tough economic times and beyond, my legislation ensures that everyday Americans receive the prescription drugs they need and it ensures that they get them at affordable prices. I am proud to introduce this legislation because it is a sensible approach to America’s prescription drug problems,” declared Rep. Johnson.
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]]>LITHONIA, GA – Rep. Hank Johnson (GA-04) visited with flood survivors and thanked federal, state and local relief workers at all three Fourth District Disaster Relief Centers in Rockdale, DeKalb and Gwinnett counties on Friday, Oct. 2.
Johnson, who helped secure the designation needed to release federal relief funds for individuals, businesses and local governments, was pleased the response from Washington has been so swift but said much still needs to be done.
“For families left homeless by these storms, no measure of help can come fast enough,” said Johnson. “Clean up has begun and with the help of the Federal Emergency Management Agency (FEMA), the Georgia Emergency Management Agency (GEMA), the Red Cross and local officials, people are beginning to put their lives back together. My heart goes out to folks impacted by the storms, and I want them to know that I – and my office – stand ready to help in any way we can.”
WHO: Rep. Hank Johnson, who will be joined by local police, sheriff, fire department chiefs and elected officials, including Gwinnett County Chairman Charles Bannister, Rockdale Chairman Richard Oden and Rockdale Sheriff Jeff Wigington.
WHAT: Visits to DeKalb, Rockdale and Gwinnett counties Disaster Relief Centers and Lilburn flooding victims.
WHEN: Friday, October 2, 2009. Gwinnett – 10:30-11 a.m. | DeKalb – 11:30 a.m.-12:15 p.m. | Rockdale – 12:30-1 p.m.
WHERE: Gwinnett County DRC: Mount Park Depot, 5055 Five Forks Trickum Road, Lilburn, Georgia, 30047 | DeKalb County DRC: Browns Mill Recreation Center, 5101 Browns Mill Road, Lithonia, Georgia 30058 | Rockdale County DRC: Rockdale Government Annex Building, 1400 Parker Road, Conyers, Georgia 30094, in Meeting Room 1.
SURVIVORS: Congressman Johnson will begin the tour by meeting with two Lilburn residents, one who lost both her home and business and one who lost her home. Rep. Johnson will meet Police Chief John Davidson at 9:15 a.m. at his office, 76 Main Street, Lilburn, Ga., who will take the Congressman to meet with flood victims before he starts his DRC tours.
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FOR IMMEDIATE RELEASE
Contact: Andy Phelan, Communications Director
WASHINGTON – Congressman Hank Johnson today introduced a resolution demanding that Iran disclose and provide international inspectors with unfettered access to all facilities associated with the Iranian nuclear program. H.Res.782 supports identical demands made by President Obama at last week’s G20 Conference in Pittsburgh.
The resolution, which was introduced with 33 bipartisan cosponsors, responds to last week’s revelation that Iran has built a secret enrichment facility near Qom, Iran. Iran did not disclose its Qom facility to the International Atomic Energy Agency (IAEA) until September 21, 2009, though U.S. intelligence agencies had been aware of the facility since at least 2006.
“For years, Iran has engaged in a pattern of evasion and deception while the international community has worked in good faith to ensure that Iran does not develop nuclear weapons. Iran must come clean or it will face devastating international sanctions,” said Mr. Johnson.
The resolution demands that the Iran immediately disclose the existence of any additional nuclear-related facilities, urges the International Atomic Energy Agency (IAEA) to proceed as soon as possible with inspections of the Qom enrichment facility, and insists that the Iran provide IAEA inspectors immediate and unfettered access to its Qom facility and any other such facilities not yet disclosed.
U.S., British, French, Russian, Chinese, German, and Iranian officials will meet in Geneva on Thursday to discuss Iran’s nuclear program.
DECATUR – On the heels of the announcement that the three counties that make up the Fourth District – DeKalb, Rockdale and Gwinnett counties – are eligible to receive federal funds in wake of the historic flooding, Congressman Hank Johnson (GA-04) was pleased at the quick response and that the clean up is under way.
The Federal Emergency Management Agency has already received 7,000 applications for assistance and distributed $2.4 million in relief funds.
“The quicker we can get help to those in need, the better,” said Johnson, who spoke from the floor of the House and wrote a letter to President Barack Obama last week urging the White House to act.
“By unlocking access to federal aid for hundreds of families in my district whose homes and neighborhoods were destroyed by the recent flooding, this will give affected residents access to federal resources to help them repair and rebuild. My office stands ready to assist in any way we can.”
Johnson also urged residents to not only to apply with FEMA at disasterassistance.gov, but also with the Small Business Administration at sba.gov, which has low-interest loans available for individual home owners and businesses affected by the storms as well.
CEO Burrell Ellis, who held a news conference Sept. 28 to get the word out on available resources to flood victims, thanked Johnson for helping secure federal assistance.
“No one worked more closely and more diligently with us to ensure we received the disaster designation to release the federal funds than Congressman Hank Johnson,” said Ellis, who met with Johnson in Washington last weekend. “Congressman Johnson and his staff in both Washington and here in the District were exemplary in helping secure the assistance we need to get back on our feet.”
For more information on available flood resources, visit Johnson’s Web site at hankjohnson.house.gov.
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The subcommittee – part of the larger Oversight and Government Reform Committee – met to evaluate whether consumers are getting a raw deal when creditors force them to settle their debt disputes through the forced arbitration system.
The hearing explored whether consumer debt collection arbitration, as currently administered, is fair and legitimate.
Johnson’s Arbitration Fairness Act or H.R. 1020, which he first introduced in 2007, aims to protect consumers from business practices that require them to cede their rights to a jury trial as a condition of service and instead send them through an opaque arbitration process.
Johnson cleared up a common misunderstanding with his legislation after several lawmakers and witnesses at the hearing misinterpreted that H.R. 1020 would “do away with mandatory arbitration procedures.”
“The Arbitration Fairness Act does not forbid arbitration clauses,” said Johnson. “It merely prevents forced pre-dispute arbitration clauses. Consumers may still opt to arbitrate a dispute with a company. But only when that consumer determines that it is the appropriate forum at the time the conflict arises and not before.”
Subcommittee Chairman Dennis Kuchinich recognized Johnson’s hard work on the issue. His staff, which conducted an investigation of the arbitration process in regard to debt collection, concluded that the system “is ripe for abuse, and it has been abused by the largest administrator of ‘consumer arbitrations.’ ”
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