Lamar Smith

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may consume. I support this legislation to repeal the new health care law, which will shrink jobs, increase taxes and limit Americans' freedoms. Although the Supreme Court has delivered its decision on ObamaCare, it is the people whose verdict counts the most, and the American people have consistently rejected this costly and ineffective government takeover of the health care sector. They realize that the law fails our families, drives up the cost of health care, undermines the doctor- patient relationship, tramples on the religious liberties of millions of Americans, and vastly expands the role of the Federal Government. After the Supreme Court decision, we now know that ObamaCare is a massive tax hike on the middle class. While the Supreme Court may have declared the law constitutional, that does not mean it is good policy for the American people. ObamaCare forces millions of Americans to abandon their current health care plans and to give up the physicians of their choice. A recent Reuters poll found that 56 percent of respondents oppose ObamaCare and that 61 percent oppose the individual mandate. With the costs and massive middle class tax increase this law imposes, these polls, frankly, are not a surprise. This massive tax hike on the middle class must be repealed. Only when ObamaCare is fully repealed can we enact real reforms that reduce health care costs without restricting the rights of Americans. One reform Congress should consider to lower costs is medical liability reform. Medical liability reform will reduce the cost of health care by decreasing the waste in our system caused by defensive medicine. This practice occurs when doctors are forced by the threat of lawsuits to conduct tests and prescribe drugs that are not medically required. According to a Harvard University study, 40 percent of the medical malpractice lawsuits filed in the United States lack evidence of medical error or of any actual patient injury. Many of these suits amount to the legalized extortion of doctors and hospitals. The Congressional Budget Office estimates that lawsuit abuse reform would save taxpayers $48 billion over the next 10 years. The American people do not want ObamaCare. As their Representatives, we must repeal ObamaCare and enact real health care reforms that lower costs, increase access to health care, and preserve the fundamental freedoms of all Americans. Mr. Speaker, I reserve the balance of my time.

Mr. SMITH of Texas. Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. Lungren), who is a distinguished and senior member of the Judiciary Committee.

Mr. SMITH of Texas. Mr. Speaker, we're prepared to close on this side, so I reserve the balance of my time.

Mr. SMITH of Texas. Mr. Speaker, I yield 3 minutes to the gentleman from Iowa (Mr. King), a respected member of the Judiciary Committee.

Mr. SMITH of Texas. Mr. Speaker, I yield the balance of my time to the gentlewoman from Minnesota (Mrs. Bachmann), who is a member of the Financial Services Committee and the Intelligence Committee.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.

Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass the bill (S. 2061) to provide for an exchange of land between the Department of Homeland Security and the South Carolina State Ports Authority.

Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and to include extraneous materials on S. 2061 currently under consideration.

Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this legislation authorizes the Secretary of the Department of Homeland Security to transfer property located in South Carolina and owned by the United States in exchange for property owned by the South Carolina State Ports Authority. The Department will acquire land that is important to the continued operation and development of the Federal Law Enforcement Training Center's maritime academy. The State of South Carolina will acquire land that will allow the South Carolina State Ports Authority to develop an access road to Interstate 26. This exchange would have already occurred, but the Department of Homeland Security Secretary lacked the authority to engage in the transfer of real property. This bill gives the Secretary the necessary authority to facilitate this transaction. This is a commonsense solution that will benefit both the State of South Carolina and the United States. This bill and the underlying land exchange is supported by the Governor of South Carolina, the South Carolina State Ports Authority, and the Secretary of the U.S. Department of Homeland Security. The Senate passed this bill by unanimous consent last month. Mr. Speaker, I urge my colleagues to support this bipartisan legislation, and I reserve the balance of my time.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, former CBS producer Greg Kandra recently highlighted the continued existence of the national liberal media's bias. As a result of the national media's use of selectively edited clips to push its liberal agenda, he stated that he has ``grown weary trying to defend'' the national media. Kandra declared that he cannot and will not defend his former colleagues against claims of liberal bias. He writes that the national media has ``successfully eroded any confidence'' the public has in the news. And that the national media has ``done a [great] job of diminishing what was once a great profession and undermining one of the underpinnings of democracy, a free press.'' According to a recent Gallup poll, Americans' confidence in the national media is at an all time low. Americans' lack of confidence in the national media will continue until the national media provides the American people with fair and objective coverage of the news.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I introduced this legislation to implement certain provisions of four multilateral counterterrorism treaties that will make America and the world safer. The significance of this legislation and the bipartisanship demonstrated to get this bill to the House floor is evidenced by those who have joined me as original cosponsors--Judiciary Committee Ranking Member John Conyers, Crime Subcommittee Chairman Jim Sensenbrenner, and Crime Subcommittee Ranking Member Bobby Scott. Terrorism and the proliferation of weapons of mass destruction do not recognize international boundaries. The treaties that this legislation relates to are important tools in the fight against terrorism. Each one builds on an existing treaty to which the United States is a party. Implementation of these treaties will enhance the national security of the United States. This legislation modernizes and strengthens the international counterterrorism and counterproliferation legal framework. The treaties in this legislation complement important U.S. priorities to prevent nuclear terrorism, counterproliferation of weapons of mass destruction, and counterterrorism initiatives. Acceptance of these treaties will reinforce the United States' leadership role in promoting these and other counterterrorism treaties and will likely prompt other countries to join. The treaties are widely supported by the U.S. Departments of State, Justice, and Defense. This legislation strengthens current law and related jurisdictional provisions. Acceptance of the underlying treaties benefits the United States in many ways. For example, parties to the underlying treaties are required to criminalize certain acts committed by persons who possess or use radioactive material or a nuclear device, and parties are obligated to extradite or prosecute alleged offenders. As they relate to maritime terrorism, the underlying treaties would treat vessels and fixed maritime platforms as a potential means of conducting terrorism activity and not just as objects of terrorist activity. The previous administration strongly supported approval of these agreements, which have already received Senate advice and consent. The current administration wants to advance this legislation so that the United States maintains its leadership role in counter-nuclear proliferation efforts and terrorism prevention. Advancing this legislation strengthens international cooperation and information sharing as it relates to international terrorism and proliferation of weapons of mass destruction. I urge my colleagues to support this bipartisan legislation, and I reserve the balance of my time.

Mr. SMITH of Texas. Madam Speaker, I yield back the balance of my time.

Mr. SMITH of Texas. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 5889, as amended, currently under consideration.

Mr. SMITH of Texas. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 5889) to amend title 18, United States Code, to provide for protection of maritime navigation and prevention of nuclear terrorism, and for other purposes, as amended.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 4018, as amended, currently under consideration.

Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may consume. H.R. 4018, the Public Safety Officers' Benefits Improvements Act of 2012, amends an existing program within the Justice Department that administers benefits to certain public safety officers killed or disabled in the line of duty. I commend Representative Michael Fitzpatrick for his leadership on this issue and am pleased to be a cosponsor of this legislation. The bill makes changes to the class of beneficiaries as well as some common-sense, cost-saving reforms to the program. Congress originally passed the Public Safety Officers' Benefits Act, PSOB, in 1976. This program evolved from concern that State and local public safety officers and their families were not being provided with adequate death benefits. And that the low level of benefits might impede recruitment efforts and impair morale. Originally, the PSOB program provided only death benefits to the survivors of officers killed in the line of duty. It was later expanded to provide benefits to officers disabled in the line of duty and education benefits to the spouses and children of officers killed or disabled in the line of duty. Congress has amended the PSOB program many times since its inception. Some of the changes have resulted in inconsistencies within the law or have unintentionally resulted in a delay in the PSOB benefit process. For example, each PSOB claimant must be examined by an impartial medical examiner who then advises the Justice Department regarding their decision to award benefits. But the PSOB statute and its regulations require that the medical examiner be hired from the city where the officer was killed or injured. This causes significant delays and adds expense in processing PSOB claims and in administering the overall program. The Department spends significant time and resources to find a medical professional who is familiar with the PSOB program and its requirements. That medical professional must also be available and agree to perform the necessary medical exam. This process can take weeks, if not months, to complete. This bill provides a solution to this inefficiency. It allows the Department to develop and draw from a pool of trusted, qualified medical professionals to perform the necessary examinations across the country. This is similar to how the PSOB program authorizes their hearing examiners. This simple change saves valuable time and taxpayer dollars. It also ensures that the public safety officers and their families receive these much-needed benefits more quickly. H.R. 4018 also clarifies who are eligible beneficiaries when an officer is killed in the line of duty. Currently, the payment of benefits is often postponed, sometimes for years, while the issue of who is the proper beneficiary is litigated. This bill creates a new category of beneficiaries, ``adult children of deceased public safety officers,'' to clarify eligible beneficiaries in certain cases where there are none. These cases include when a public safety officer's children are all adults, there is no surviving spouse, no applicable designation of beneficiary is on file with the public agency, and the officer's parents are deceased. The PSOB benefits can currently be awarded to police officers, firefighters, chaplains or certain members of a rescue squad or ambulance crew who serve a public agency. But PSOB benefits are not currently authorized for volunteer emergency medical personnel. This bill fixes this inequity in a narrow way that when combined with savings from other efficiencies made by the bill, does not result in additional expense to the taxpayer. I urge my colleagues to join me in support of this bill. Madam Speaker, I yield 5 minutes to the gentleman from Pennsylvania (Mr. Fitzpatrick), who is the sponsor of this legislation.

Mr. SMITH of Texas. Madam Speaker, I yield 4 minutes to the gentleman from Texas, Judge Poe, who is a member of the Judiciary Committee.

Mr. SMITH of Texas. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4018) to improve the Public Safety Officers' Benefits Program, as amended.

Mr. SMITH of Texas. Madam Speaker, I understand that the gentleman from Georgia has yielded back his time; if so, I yield back the balance of my time as well.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4223) to amend title 18, United States Code, to prohibit theft of medical products, and for other purposes, as amended.

Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may consume. Large-scale medical product theft is a significant problem in today's society. Medical products require special care and maintenance. When medical products are stolen, thieves resell them. When these drugs are not stored or handled properly, they can lose their effectiveness and cause further injury to medical patients. Current law does not recognize the added importance of medical products. These products are often essential to a person's health and can be lifesaving. Under federal law, those who steal a truck full of insulin intended for diabetics would be sentenced to the same extent as those who steal a truck full of car tires. In 2009, an organized ring of criminals stole 129,000 vials of insulin worth approximately $11 million in North Carolina. A few months later, the FDA received a report that some of the vials had been reintroduced into the supply chain when a diabetic patient reported to a medical center in Houston, Texas, with an adverse reaction after use of insulin from the stolen lot. The FDA issued a warning that the insulin had likely not been kept refrigerated correctly and could still be in the market. The spoiled product was ultimately found in pharmacies in 17 states. At least 2 additional patients experienced adverse reactions. While some arrests have been made, over 125,000 vials of insulin still remain unaccounted for. Shipments of drugs that treat kidney failure, ADHD, schizophrenia, rheumatoid arthritis and ovarian cancer were stolen in three separate incidents between 2008 and 2009. The prescription drugs, worth over $3 million, were taken during a distribution center break-in and in two separate trailer break-ins. The FBI made an arrest in only one of the three incidents, and the criminal was convicted. H.R. 4223, the SAFE DOSES Act, modernizes and strengthens the criminal code in order to deter and punish those who steal pre-retail medical products. Enhanced penalties not only make people think twice before they steal medical shipments, but also provide law enforcement agencies with the tools they need to obtain cooperation to bring down criminal organizations. The SAFE DOSES Act enables authorities to better target the multi- dimensional criminal enterprises that carry out these thefts and recognizes the health risks created by the improper care and handling of sensitive medical products. This bipartisan bill helps to ensure that life-saving drugs remain in the hands of those trained to handle them, and do not continue to pose a threat to public safety. I commend Crime Subcommittee Chairman Sensenbrenner for his work on this legislation and urge my colleagues to join me in support of this bill.

Mr. SMITH of Texas. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 4223, as amended, currently under consideration.

Mr. SMITH of Texas. Madam Speaker, I yield such time as he may consume to the gentleman from Wisconsin (Mr. Sensenbrenner), who is the chairman of the Crime Subcommittee of the Judiciary Committee and a former chairman of the Judiciary Committee, and also the sponsor of this legislation.

Mr. SMITH of Texas. Madam Speaker, I yield back the balance of my time.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.