Lamar Smith

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I yield 3 minutes to the gentleman from Pennsylvania (Mr. Dent).

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

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

Mr. SMITH of Texas. Mr. Speaker, I yield 5 minutes to the gentleman from Wisconsin (Mr. Sensenbrenner), who is currently the chairman of the Crime, Terrorism, and Homeland Security Subcommittee of the Judiciary Committee, and who previously, as chairman of the Judiciary Committee itself, was responsible for writing the Patriot Act provisions.

Mr. SMITH of Texas. Mr. Speaker, how much time remains on each side?

Mr. SMITH of Texas. I yield myself the balance of my time. Mr. Speaker, extending the expiring provisions of the Patriot Act will ensure that America's law enforcement officials and intelligence agents are equipped to identify terrorist threats and prevent terrorist acts. The Patriot Act is an effective tool in the war on terror. As terrorists show no signs of ending their plots, neither should our laws that stop them be allowed to sunset. This temporary extension will facilitate further review and reauthorization of these provisions. Mr. Speaker, this extension is supported by the Obama administration. I urge my colleagues to support this extension as well.

Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may consume. Next September 11 will mark the 10-year anniversary of the worst terrorist attack on the U.S. in history. America is fortunate not to have suffered another attack of such magnitude in the past decade, but we must not take this relative security for granted or let our safety become complacency. America is safe today not because terrorists and spies have given up their goal to destroy our freedoms and our way of life. We are safe today because the men and women of our Armed Forces, our intelligence community, and our law enforcement agencies work every single day to protect us. And Congress must ensure that they are equipped with the resources they need to counteract continuing terrorist threats. On February 28, three important provisions of the USA PATRIOT Act will expire. These provisions give investigators in national security cases the authority to conduct ``roving'' wiretaps, to seek certain business records, and to gather intelligence on lone terrorists who are not affiliated with a known terrorist group. These types of provisions have been used by domestic law enforcement agencies for years to apprehend typical criminals. It is common sense to give our national security investigators the same tools to fight terrorists that our police officers have to combat crime. The ongoing threat from al Qaeda and other terrorist groups continues. In the last few years, terrorists have attempted to blow up a plane over Detroit; to bomb New York's subway system; to destroy skyscrapers in Dallas, Texas, and Springfield, Illinois; and to detonate a car bomb in New York City's Times Square. Most of these plots were thwarted thanks to the Patriot Act and other national security laws. The Patriot Act works. It has proved effective in preventing terrorist attacks and protecting Americans. To let these provisions expire would leave every American less safe. We must continue these intelligence-gathering measures to win our fight against terrorists. And President Obama agrees. In a letter to Congress last month, Director of National Intelligence Admiral Clapper and Attorney General Holder urged us to reauthorize the expiring provisions, noting that they are critical tools that ``have been used in numerous highly sensitive intelligence collection operations.'' This bill reauthorizes the expiring provisions through December 8, 2011, the last day that the House of Representatives is scheduled to be in session. This extension serves two important functions. First, it ensures that these intelligence-gathering tools will remain available to national security investigators. And second, it provides Congress with the opportunity to engage in a thorough review of these provisions as we pursue and consider a longer reauthorization. I urge my colleagues to support our ability to continue to protect Americans against terrorist plots and attacks. Mr. Speaker, I reserve the balance of my time.

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 include extraneous materials on H.R. 514 currently under consideration.

Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 514) to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 relating to access to business records, individual terrorists as agents of foreign powers, and roving wiretaps until December 8, 2011.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I would like to submit the Rules of Procedure of the Committee on the Judiciary. They were adopted by the Committee on January 19, 2011. Members of Committee one hundred twelfth congress Lamar Smith, Texas, Chairman F. James Sensenbrenner, Jr., Wisconsin Howard Coble, North Carolina Elton Gallegly, California Bob Goodlatte, Virginia Daniel E. Lungren, California Steve Chabot, Ohio Darrell Issa, California Mike Pence, Indiana J. Randy Forbes, Virginia Steve King, Iowa Trent Franks, Arizona Louie Gohmert, Texas Jim Jordan, Ohio Ted Poe, Texas Jason Chaffetz, Utah Tom Reed, New York Tim Griffin, Arkansas Tom Marino, Pennsylvania Trey Gowdy, South Carolina Dennis Ross, Florida Sandy Adams, Florida Ben Quayle, Arizona John Conyers, Jr., Michigan, Ranking Member Howard L. Berman, California Jerrold Nadler, New York Robert C. ``Bobby'' Scott, Virginia Melvin L. Watt, North Carolina Zoe Lofgren, California Sheila Jackson Lee, Texas Maxine Waters, California Steve Cohen, Tennessee Henry C. ``Hank'' Johnson, Jr., Georgia Pedro Pierluisi, Puerto Rico Mike Quigley, Illinois Judy Chu, California Ted Deutch, Florida Linda T. Sanchez, California Debbie Wasserman Schultz, Florida Rules of Procedure Rule I. The Rules of the House of Representatives are the rules of the Committee on the Judiciary and its Subcommittees with the following specific additions thereto. Rule II. Committee Meetings (a) The regular meeting day of the Committee on the Judiciary for the conduct of its business shall be on Wednesday of each week while the House is in session. (b) Additional meetings may be called by the Chairman and a regular meeting of the Committee may be dispensed with when, in the judgment of the Chairman, there is no need therefor. (c) At least 3 days (excluding Saturdays, Sundays and legal holidays when the House is not in session) before each scheduled Committee or Subcommittee meeting, each Member of the Committee or Subcommittee shall be furnished a list of the bill(s) and subject(s) to be considered and/or acted upon at the meeting. Bills or subjects not listed shall be subject to a point of order unless their consideration is agreed to by a two-thirds vote of the Committee or Subcommittee. (d) In an emergency that does not reasonably allow for 3 days' notice, the Chairman may waive the 3-day notice requirement with the concurrence of the Ranking Minority Member. (e) At least 48 hours prior to the commencement of a meeting for the markup of legislation, the text of such legislation shall be made publicly available in electronic form. (f) To the maximum extent practicable, amendments to a measure or matter shall be submitted in writing or electronically to the designee of both the Chairman and Ranking Member at least 24 hours prior to the consideration of the measure or matter. The Chairman may use his discretion to give priority to amendments submitted in advance. (g) Committee and Subcommittee meetings for the transaction of business, i.e. meetings other than those held for the purpose of taking testimony, shall be open to the public except when the Committee or Subcommittee determines by majority vote to close the meeting because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would tend to defame, degrade or incriminate any person or otherwise would violate any law or rule of the House. (h) Every motion made to the Committee and entertained by the Chairman shall be reduced to writing upon demand of any Member, and a copy made available to each Member present. (i) For purposes of taking any action at a meeting of the full Committee or any Subcommittee thereof, a quorum shall be constituted by the presence of not less than one-third of the Members of the Committee or subcommittee, except that a full majority of the Members of the Committee or Subcommittee shall constitute a quorum for purposes of reporting a measure or recommendation from the Committee or Subcommittee, closing a meeting to the public, or authorizing the issuance of a subpoena. (j)(1) Subject to subparagraph (2), the Chairman may postpone further proceedings when a record vote is ordered on the question of approving any measure or matter or adopting an amendment. The Chairman may resume proceedings on a postponed request at any time. (2) In exercising postponement authority under subparagraph (1), the Chairman shall take all reasonable steps necessary to notify Members on the resumption of proceedings on any postponed record vote. (3) When proceedings resume on a postponed question, notwithstanding any intervening order for the previous question, an underlying proposition shall remain subject to further debate or amendment to the same extent as when the question was postponed. (k) Transcripts of markups shall be recorded and may be published in the same manner as hearings before the Committee. (1) Without further action of the Committee, the Chairman is directed to offer a motion under clause 1 of rule XXII of the Rules of the House of Representatives whenever the Chairman considers it appropriate. Rule III. Hearings (a) The Committee Chairman or any Subcommittee Chairman shall make public announcement of the date, place, and subject matter of any hearing to be conducted by it on any measure or matter at least one week before the commencement of that hearing. If the Chairman of the Committee, or Subcommittee, with the concurrence of the Ranking Minority Member, determines there is good cause to begin the hearing sooner, or if the Committee or Subcommittee so determines by majority vote, a quorum being present for the transaction of business, the Chairman or Subcommittee Chairman shall make the announcement at the earliest possible date. (b) Committee and Subcommittee hearings shall be open to the public except when the Committee or Subcommittee determines by majority vote to close the meeting because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would tend to defame, degrade or incriminate any person or otherwise would violate any law or rule of the House. (c) For purposes of taking testimony and receiving evidence before the Committee or any Subcommittee, a quorum shall be constituted by the presence of two Members. (d) In the course of any hearing each Member shall be allowed five minutes for the interrogation of a witness until such time as each Member who so desires has had an opportunity to question the witness. (e) The transcripts of those hearings conducted by the Committee which are decided to be printed shall be published in verbatim form, with the material requested for the record inserted at that place requested, or at the end of the record, as appropriate. Individuals, including Members of Congress, whose comments are to be published as part of a Committee document shall be given the opportunity to verify the accuracy of the transcription in advance of publication. Any requests by those Members, staff or witnesses to correct any errors other than errors in the transcription, or disputed errors in transcription, shall be appended to the record, and the appropriate place where the change is requested will be footnoted. Prior to approval by the Chairman of hearings conducted jointly with another congressional Committee, a memorandum of understanding shall be prepared which incorporates an agreement for the publication of the verbatim transcript. Rule IV. Broadcasting Whenever a hearing or meeting conducted by the Committee or any Subcommittee is open to the public, those proceedings shall be open to coverage by television, radio and still photography except when the hearing or meeting is closed pursuant to the Committee Rules of Procedure. Rule V. Standing Subcommittees (a) The full Committee shall have jurisdiction over such matters as determined by the Chairman. (b) There shall be five standing Subcommittees of the Committee on the Judiciary, with jurisdictions as follows: The Subcommittee on Courts, Commercial and Administrative Law shall have jurisdiction over the following subject matters: Administration of U.S. Courts, Federal Rules of Evidence, Civil and Appellate Procedure, judicial ethics, bankruptcy and commercial law, bankruptcy judgeships, administrative law, independent counsel, state taxation affecting interstate commerce, interstate compacts, other appropriate matters as referred by the Chairman, and relevant oversight. The Subcommittee on the Constitution shall have jurisdiction over the following subject matters: constitutional amendments, constitutional rights, Federal civil rights, ethics in government, tort liability, including medical malpractice and product liability, legal reform generally, other appropriate matters as referred by the Chairman, and relevant oversight. The Subcommittee on Intellectual Property, Competition, and the Internet shall have jurisdiction over the following subject matters: copyright, patent, trademark law, information technology, antitrust matters, other appropriate matters as referred by the Chairman, and relevant oversight. The Subcommittee on Crime, Terrorism, and Homeland Security shall have jurisdiction over the following subject matters: Federal Criminal Code, drug enforcement, sentencing, parole and pardons, internal and homeland security, Federal Rules of Criminal Procedure, prisons, criminal law enforcement, and other appropriate matters as referred by the Chairman, and relevant oversight. The Subcommittee on Immigration Policy and Enforcement shall have jurisdiction over the following subject matters: immigration and naturalization, border security, admission of refugees, treaties, conventions and international agreements, claims against the United States, Federal charters of incorporation, private immigration and claims bills, non- border enforcement, other appropriate matters as referred by the Chairman, and relevant oversight. (c) The Chairman of the Committee and Ranking Minority Member thereof shall be ex officio Members, but not voting Members, of each Subcommittee to which such Chairman or Ranking Minority Member has not been assigned by resolution of the Committee. Ex officio Members shall not be counted as present for purposes of constituting a quorum at any hearing or meeting of such Subcommittee. Rule VI. Powers and Duties of Subcommittees Each Subcommittee is authorized to meet, hold hearings, receive evidence, and report to the full Committee on all matters referred to it or under its jurisdiction. Subcommittee chairmen shall set dates for hearings and meetings of their respective Subcommittees after consultation with the Chairman and other Subcommittee chairmen with a view toward avoiding simultaneous scheduling of full Committee and Subcommittee meetings or hearings whenever possible. Rule VII. Non-Legislative Reports No report of the Committee or Subcommittee which does not accompany a measure or matter for consideration by the House shall be published unless all Members of the Committee or Subcommittee issuing the report shall have been apprised of such report and given the opportunity to give notice of intention to file supplemental, additional, or dissenting views as part of the report. In no case shall the time in which to file such views be less than three calendar days (excluding Saturdays, Sundays and legal holidays when the House is not in session). Rule VIII. Committee Records The records of the Committee at the National Archives and Records Administration shall be made available for public use according to the Rules of the House. The Chairman shall notify the Ranking Minority Member of any decision to withhold a record otherwise available, and the matter shall be presented to the Committee for a determination on the written request of any Member of the Committee. Rule IX. Official Committee Website (a) The Chairman shall maintain an official website on behalf of the Committee for the purpose of furthering the Committee's legislative and oversight responsibilities, including communicating information about the Committee's activities to Committee Members and other Members of the House. (b) The Chairman shall make the record of the votes on any question on which a record vote is demanded in the full Committee available on the Committee's official website not later than 48 hours after such vote is taken. Such record shall identify or describe the amendment, motion, order, or other proposition, the name of each Member voting for and each Member voting against such amendment, motion, order, or proposition, and the names of the Members voting present. (c) Not later than 24 hours after the adoption of any amendment to a measure or matter considered by the Committee or its Subcommittees, the Chairman shall make the text of each such amendment publicly available in electronic form. (d) Not later than 3 days after the conclusion of a Committee meeting, the transcript of such meeting and the text of all amendments offered shall be made available on the Committee website. (e) The Ranking Member is authorized to maintain a similar official website on behalf of the Committee Minority for the same purpose, including communicating information about the activities of the Minority to Committee Members and other Members of the House.

Mr. SMITH of Texas

Mr. SMITH of Texas. I yield myself the balance of my time. Madam Speaker, the Democrats' health care bill squanders health care resources and taxpayer money by encouraging wasteful defensive medicine. It explicitly prevents States from making any effective legal reforms under its provisions, and expands opportunities for lawyers to sue doctors who did absolutely nothing wrong. And it limits the supply of doctors when patients need them most. In fact, one particularly costly part of our health care system is the practice of so-called ``defensive medicine,'' which occurs when doctors are forced by the threat of lawsuits to conduct tests and prescribe drugs that are not medically required. A survey released last year found defensive medicine is practiced by virtually all physicians. Lawsuit abuse does more than make medical care much more expensive. It drives doctors out of business. Doctors who specialize in inherently high-risk fields are leaving their practices and hospitals are shutting down because their high exposure to liability makes lawsuit insurance unaffordable. It can have deadly consequences. Hundreds and even thousands of patients may die annually for lack of doctors. Madam Speaker, the Democrats' health care law will produce more litigation and less effective health care. That is why it should be repealed. I yield back the balance of my time.

Mr. SMITH of Texas. Madam Speaker, I only have one more speaker on this side and I am prepared to close.

Mr. SMITH of Texas. Madam Speaker, I yield 1 minute to the gentleman from New York (Mr. Reed), former mayor of Corning and a new member of the Judiciary Committee.

Mr. SMITH of Texas. Madam Speaker, I yield the gentleman an additional 30 seconds.

Mr. SMITH of Texas. Madam Speaker, I yield 1 minute to the gentleman from Arkansas (Mr. Griffin), who is a member of the Judiciary Committee.

Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Gohmert).

Mr. SMITH of Texas. Madam Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Goodlatte), who is also chairman of the Intellectual Property, Competition, and Internet Subcommittee of the Judiciary Committee.

Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the chairman of the House Administration Committee, the gentleman from California (Mr. Daniel E. Lungren).

Mr. SMITH of Texas. Madam Speaker, may I ask how much time remains on each side?

Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Coble), who is also the chairman of the Courts, Commercial and Administrative Law Subcommittee of the Judiciary Committee.

Mr. SMITH of Texas. I reserve the balance of my time.

Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Poe), who is actually a member of three subcommittees of the Judiciary Committee.

Mr. SMITH of Texas. Madam Speaker, I yield 1 minute to the gentleman from Arizona (Mr. Quayle), who is a member of the Judiciary Committee.

Mr. SMITH of Texas. Mr. Speaker, I yield myself 2 minutes. Mr. Speaker, I support this legislation that repeals the Democrats' job-stifling, cost-increasing, freedom-limiting health care law. This bill would repeal a requirement that every individual buy a certain kind of health insurance. The Congressional Research Service confirms that the Federal Government has never forced all Americans to buy any good or service--until now. This mandate violates Congress' powers under the commerce clause if our Constitution of limited Federal powers means anything. It's a major reason to repeal the health care bill. One particularly costly part of our health care system is the practice of so-called defensive medicine, which occurs when doctors must conduct tests and prescribe drugs that are not medically required because of the threat of lawsuits. Taxpayers pay for this wasteful defensive medicine, which adds to health care costs. The Democrats' health care law goes exactly the wrong direction. Incredibly, it contains a provision that prohibits any new limits on litigation from being enforced because it allows lawyers to opt out of any system that limits their ability to sue. This is contrary to the best interests of all Americans--except trial lawyers. The health care bill can only be read as an invitation to trial lawyers to sue medical personnel. That's another reason to repeal this health care bill. The Democrats' health care law will produce more litigation and more costly health care. Those are two good reasons we should repeal it. I reserve the balance of my time.

Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the gentleman from Wisconsin (Mr. Sensenbrenner), who is the chairman of the Crime Subcommittee of the Judiciary Committee and also a former chairman of the Judiciary Committee itself.