Lamar Smith

Mr. SMITH of Texas

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. SMITH of Texas. Madam Speaker, today we honor Congresswoman Giffords. The House stands together in support of her and in condemnation of a senseless attack that severely injured her and claimed six lives. I have served with Representative Giffords on the Science Committee, and am grateful for this opportunity to speak about her character and professionalism. Representative Giffords is a warm, friendly individual who is genuinely interested in others, and who always maintains an upbeat attitude. She works hard to improve the lives of her constituents, and is engaged and energized about issues of concern to them. She also goes out of her way to be accessible, which is exactly what she was doing when this tragedy occurred. The reprehensible attack that took place has united us as Members of Congress and reminded us that while the act of a lone gunman cannot always be prevented, we must make sure that justice prevails and that our democratic ideals remain secure. We hope and pray for Representative Giffords' full recovery.

Mr. SMITH of Texas

Mr. SMITH of Texas. ``The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.''

Mr. SMITH of Texas

Mr. SMITH of Texas. I yield myself such time as I may consume. Madam Speaker, H.R. 4748, the Northern Border Counternarcotics Strategy Act, requires the Director of the Office of National Drug Control Policy, ONDCP, to develop a counternarcotics strategy for the U.S. Canadian border. The House passed this legislation last July. The Senate made several technical and conforming changes to the language and sent it back to the House for final consideration. Significant attention has been paid to drug trafficking along our southern border with Mexico, but the northern border with Canada is also a major transit point for high-potency marijuana, Ecstasy, and other illegal drugs. According to the 2010 National Drug Threat Assessment, Asian drug trafficking organizations produce the drug Ecstasy in Canada and then smuggle it across the northern border into the U.S. America's northern border is remote, heavily wooded and sparsely populated, ideal for smugglers seeking to move their product into the U.S. undetected. In 2006, Congress directed the ONDCP to prepare a counternarcotics strategy for our southwestern border. H.R. 4748 mirrors this strategy, but for our northern border. While we continue to address drug trafficking across our southern border, we must not lose sight of the ease with which our northern border can be exploited by dangerous drug smugglers. I urge my colleagues to support this legislation. Madam Speaker, I yield back the balance of my time.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, it is hard to imagine a worse example of media bias than the national coverage of the so-called DREAM Act. Seldom were the facts given to the American people. The national media said it applied to ``65,000 youngsters.'' The legislation actually would give amnesty to at least 1 million to 2 million illegal immigrants up to the age of 30. And no one in the national media mentioned that no hearings had been held on the bill and no committee had approved it. The DREAM Act would mean fewer jobs for American workers, and the Congressional Budget Office said it would cost taxpayers billions of dollars. But you won't hear that from the national media. Even if the national media won't, Congress should put the interests of American workers and taxpayers first. That's what the last election was all about.

Mr. SMITH of Texas

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

Mr. SMITH of Texas. Mr. Speaker, I yield myself 15 seconds. Mr. Speaker, the gentleman who just spoke has a good point. We need to have compassion, but our compassion should be reserved for American workers, and we should put the interests of American workers ahead of the interests of illegal immigrants. Mr. Speaker, I yield 3 minutes to the gentleman from Georgia (Mr. Kingston).

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

Mr. SMITH of Texas. Mr. Speaker, I yield 30 seconds to the gentleman from Iowa (Mr. King), a member of the Judiciary Committee.

Mr. SMITH of Texas. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, 1 month ago the American people told Congress to change course, to put the American people first, to generate jobs, and to strengthen the economy. Unfortunately, it seems that some Democrats have learned nothing and forgotten everything about what the American people want. We are considering major legislation that the American people couldn't read until a few hours ago. The Democrats refused to hold any hearings on this bill, and no amendments have been allowed. It is the result of a closed and undemocratic process. We all know that the point of this bill is to give amnesty to almost everyone who is in the country illegally and who is under 30. Illegal immigrants get amnesty if they can show hardship if they are sent home. Illegal immigrants can stay if they just claim to be eligible under this legislation. Illegal immigrants get amnesty if they use fraudulent documents because the Federal Government has no way to check millions of claims. Illegal immigrants get amnesty even if they have committed crimes like DUI, document fraud, and visa fraud. This is a bill that gives amnesty to more than 2 million people who are in the country illegally. It encourages fraud and even more illegal immigration. Today, Americans face an unemployment rate of 9.8 percent, a new record. That number has now topped 9.5 percent for 16 months, the longest period since the Great Depression. The DREAM Act means more competition for American workers who are in need of those jobs. It puts the interests of illegal immigrants ahead of the interests of American citizens. I urge my colleagues to put the American people first, and oppose this bill. I yield back the balance of my time.

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

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

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

Mr. SMITH of Texas. Mr. 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 Georgia (Mr. Graves).

Mr. SMITH of Texas. Mr. Speaker, on that I demand the yeas and nays.

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

Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I oppose this bill. The DREAM Act is a nightmare for the American people. It insults American workers, American taxpayers, and anyone who believes in the rule of law. How can we consider amnesty for millions of illegal immigrants when just last Friday, the Department of Labor reported that unemployment in America jumped up to 9.8 percent? This is the 19th straight month, a new record where the jobless rate has stayed above 9 percent. The American people want us to focus on creating jobs and getting Americans back to work. Instead, the Democrats have brought the DREAM Act to the floor. This bill prevents Americans from getting jobs since millions of illegal immigrants will become eligible to work legally in the United States. American workers should not have to compete with illegal workers for scarce jobs. Over 27 million Americans are out of work, have given up looking for work, or are underemployed. The percent of Hispanics out of work last month rose to 13 percent, and the unemployment rate for black Americans has hit 16 percent. Don't the Democrats know this? Are they listening to the voters? Do they care? This bill proves that there is a total disconnect between the Democratic Party and the American people. The majority has brought this bill to the floor without holding any hearings on its impact and without committee approval, so Members don't know how the bill would work or not work. In fact, the text we are considering tonight was only introduced last night. As usual under the Democratic regime, no amendments are allowed. They have even eliminated the one motion Republicans are supposedly guaranteed as a way to address the people's concerns, the motion to recommit. What happened to the Democrats' promise to give Americans 24 hours to read the bills? And what happened to their promise of an open and fair process? These and other promises disappeared long before the election, which is another reason the election turned out as it did. The bill's supporters imply that the DREAM Act only applies to kids in schools. But in reality, the bill applies to illegal immigrants up to the age of 30. Those are pretty old kids. And once these individuals become U.S. citizens, they can petition for their illegal immigrant parents and adult brothers and sisters to be legalize who will bring in others in an endless chain. According to the Migration Policy Institute, the DREAM Act would mean amnesty for over 2 million illegal immigrants, but that number likely will be higher since many illegal immigrants will fraudulently claim they came here as children or are under 30, and the Federal Government has no way to check whether their claims are true or not. Such massive fraud occurred after the 1986 amnesty for illegal immigrants who claimed that they were agricultural workers. Studies found two-thirds of all applications for the 1986 amnesty were fraudulent. DREAM Act applicants don't even have to comply with the requirements for amnesty set out in the bill. They can get a waiver for hardship at the discretion of the Department of Homeland Security. Under this administration, which favors mass amnesty, we can assume that nearly everyone who applies will get a hardship pass. The DREAM Act also makes it possible for almost any illegal immigrant to evade the law. Once they file an application, no matter how fraudulent, the Federal Government is prohibited from deporting them. The bill requires that background checks be conducted on the beneficiaries, but it will be almost impossible for the Federal Government to verify whether someone is who they say they are and whether they meet the requirements of the bill. Furthermore, any discussion of amnesty encourages additional illegal immigration. Already at least 1 million illegal immigrants cross our borders each year. The bill will push that number even higher. The Congressional Budget Office estimates that the bill will increase deficits after 2020. And if the health care debate is any indication of how CBO scores bills, then the actual cost of the DREAM Act will, of course, be much higher. And once a DREAM Act beneficiary obtains lawful status, they are automatically exempt from the current 5-year waiting period to receive public welfare benefits, so the cost of welfare benefits will be huge. We all know that the point of this bill is to give amnesty to anyone who is in the country illegally and who is under 30 years old. Illegal immigrants get amnesty if they have attended college or served in the military. Illegal immigrants get amnesty if they can show hardship if they are sent home. Illegal immigrants get to stay if they just claim to be eligible under this legislation. Illegal immigrants get amnesty if they use fraudulent documents, because the Federal Government has no way to check millions of claims. Illegal immigrants get amnesty even if they have committed crimes, like driving under the influence, passport fraud, and visa fraud. This is a bill that gives amnesty to 2 million or more people in the country illegally. It encourages fraud and more illegal immigration on a massive scale. There have been no hearings on this bill, no amendments allowed, and those who are opposed only have 30 minutes to discuss this bill. This is a desecration of the democratic process and an insult to Americans who believe in the rule of law. The DREAM Act hurts millions of Americans who have lost their jobs, are underemployed, or are threatened with layoffs. It puts the interests of illegal immigrants ahead of those law-abiding Americans. Mr. Speaker, I urge my colleagues to strongly oppose this bill, and I reserve the balance of my time.

Mr. SMITH of Texas. Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Daniel E. Lungren), a senior member of the Judiciary Committee and a former Attorney General of California.

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

Mr. SMITH of Texas. Mr. Speaker, I yield 3 minutes to my friend from Virginia (Mr. Goodlatte), who is the vice-ranking member of the Judiciary Committee.

Mr. SMITH of Texas. Mr. Speaker, I will continue to reserve the balance of my time until the time on both sides is roughly equal.

Mr. SMITH of Texas

Mr. SMITH of Texas. I thank my colleague for yielding and a distinguished member of the Rules Committee for giving me time. Mr. Speaker, I oppose this rule. The so-called DREAM Act is a nightmare for the American people, and this proposed rule is a nightmare for House Members. Once again, we are considering a bill that Members have not had adequate time to review, that has not gone through the proper committee process, and that we cannot amend. This is far from the open and transparent process we were promised. The majority promised that Members of this body would be able to review legislation for 24 hours prior to a vote. We have only had the text of this bill for a few hours. So much for that commitment to the American people. If this rule passes, the majority will have prevented Members from offering amendments. And the majority has even eliminated the one possible way the bill could be improved, with a motion to recommit. This undemocratic way of considering legislation stands in contrast to the way Republicans will operate in the next Congress. Come January, the Republican majority will show the Democrats what it's like to have a fair, honest and open debate. We will educate them on the democratic process. Just over a month ago, the American people rebuked the way that Democrats have run the House of Representatives and the Federal Government in general, so one might think that the majority would change their ways, but it seems that the Democrats have learned nothing and have forgotten everything. If this rule is adopted, we will be forced to consider a bill that we will have no chance to amend, even though it puts the interests of illegal immigrants ahead of the interests of American citizens. It hurts American workers, rewards lawbreakers, and encourages continued defiance of the most fundamental American value--the rule of law. Today Americans face an unemployment rate of 9.8 percent. The unemployment rate has exceeded 9.5 percent for 16 straight months, the longest stretch since the Great Depression. The DREAM Act makes illegal immigrants eligible to work legally in the United States. Why are Democrats doing this to American workers? This Congress should focus on creating jobs for Americans, not promoting policies that cause unemployment. I am sympathetic to the young, illegal immigrant children who were brought here by their parents. Because their parents disregarded America's immigration laws, they are in a difficult position. However, this bill actually rewards the very illegal immigrant parents who knowingly violated our laws. Once the DREAM Act's amnesty recipients become citizens and turn 21, if they haven't already they can sponsor their illegal immigrant parents, spouse, or children for legalization, who can then sponsor others, resulting in chain migration that will further hurt American workers and American taxpayers. As has happened with past amnesties, this new amnesty will encourage more illegal immigration because other illegal immigrant parents will bring their children to the U.S. with the expectation that they, too, will benefit from the DREAM Act. Also, as soon as an individual files an application under the DREAM Act, the Department of Homeland Security is prohibited from removing them. So there is an automatic stay from deportation for anyone who applies under this bill. And criminals are not excluded. Those with histories of passport fraud, visa fraud, and even driving under the influence will be granted amnesty. Although the bill enacts disastrous policies, the lack of an open and fair process is another reason to oppose it and this rule. The majority has brought this bill to the floor without giving Members adequate time to review it. The majority has brought this bill to the floor without holding any hearings on the bill or its impact, thus depriving Members of the ability to learn how the bill would work or not work. The majority has brought this bill to the floor without committee approval, so Members have not had the opportunity to offer amendments. The majority has even eliminated the one way the minority is supposedly guaranteed as a way to address the people's concerns, a motion to recommit. In addition to the negative impact of the DREAM Act on American citizens and the rule of law, the undemocratic procedures justify strong opposition to the rule.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, the national media have framed the tax debate from a liberal perspective. For example, the media frequently say Republicans favor extending tax ``cuts,'' which implies lowering tax rates from their current level. In fact, Republicans support extending the existing tax rates to avoid a $3.9 trillion tax increase on every taxpaying American. Furthermore, the media often say that Republicans support tax cuts for the rich. However, they rarely mention that the country's top earners already pay a disproportionately large share of the nation's taxes. In fact, the top 1 percent of earners pay a larger share of the income tax burden than the bottom 95 percent of earners combined. And many of the top 1 percent are small business owners who create jobs and stimulate the economy. The national media should give Americans the facts on taxes, not tell them what to think.

Mr. SMITH of Texas

Mr. SMITH of Texas. I would like to thank the gentlewoman from Illinois for yielding me time. I also would like to thank my colleagues on the committee itself for giving this resolution bipartisan support. Madam Speaker, this resolution honors Rotary International for 105 years of service and commends members for their dedication to the mission and principles of Rotary. The mission of Rotary International is to provide service to others, promote integrity and advance world standing, goodwill and peace through its fellowship. All across the country, business, professional and community leaders better their communities by participating in their local Rotary Clubs. Founded in 1905 in Chicago, Illinois, Rotary International is the world's first service club and one of the largest nonprofit service organizations. Rotary International promotes international understanding through scholarships, exchange programs, humanitarian grants and service projects. Their motto is ``Service Above Self.'' Rotary International also promotes universal values with their ``four-way test'' that asks the following questions: ``Of the things we think, say or do: Is it the truth? Is it fair to all concerned? Will it build goodwill and better friendships? Will it be beneficial to all concerned?'' It is a pleasure to recognize Rotary International for 105 years of service. I hope my colleagues will join me in honoring them on this achievement.