Lamar Smith

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, a New York Times/CBS News poll of supporters of the Tea Party movement revealed that 97 percent of Tea Partiers view illegal immigration as a serious problem. The result is not surprising considering that jobs and the economy are top priorities of Tea Party backers. More than 15 million Americans are unemployed, and more than 8 million illegal immigrants are in the U.S. labor force. It makes no sense whatsoever to force citizens and legal immigrants to compete with illegal immigrants for scarce jobs. Furthermore, the National Research Council found that an illegal immigrant without a high school diploma--about two-thirds of all illegal immigrants--imposes a net cost on taxpayers of $89,000 during their lifetime. Multiply that by millions of illegal immigrants, and that is a multibillion-dollar burden on American taxpayers.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, it was reported this week that India's Chandrayaan spacecraft detected water on the Moon. And another study revealed that there may be larger deposits of water on Mars than previously thought. Yet despite these two incredible discoveries, this Administration is content with ``earth observation'' and ``low Earth orbit studies.'' Hardly The Right Stuff. Madam Speaker, when President John F. Kennedy declared the intention of the United States to land on the Moon he knew it wouldn't be easy. To the contrary, he stated boldly that this great challenge would bring out the best in America. He was right. Two generations of school children dreamed of landing on the Moon and then on to Mars. Countless engineers and scientists credit the Moon endeavor as their inspiration for entering their field of study. This effort directly led to many of the incredible scientific and aerospace discoveries over the last 30-40 years. Sadly, the decisions of the Administration will keep Americans stalled on Earth for decades to come. Canceling the Constellation next generation rocket program was just the latest in this Administration's inward looking approach. Meanwhile, China, India and others are redoubling their efforts to not only go to the Moon, but beyond. It would be a sad state of affairs for the U.S. if the first person back to the Moon was not an American. And what are the long-term consequences of this visionless endeavor? Important as they may be, it's hard for anyone except perhaps a special interest group to get excited about earth observation and orbital animal migration studies. It is a well-known fact that today's students are uninspired and uninterested in careers in math, science and engineering. But it's understandable considering this Administration's lack of vision for space exploration. Yes, budgets are tight. Yes, we need to prioritize. But considering the incredible benefit for the U.S., we must have a sustained manned space program. Madam Speaker, Americans must once again lead in space exploration.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, I doubt anyone in this Chamber would deny the enormous amount of hard work and sacrifice that went into building this great nation. Honest and hard labor are at the very heart of our economic system and why our nation has achieved such greatness. But there is a fundamental shift in the very notion of ``hard work'' in the country that will have unforeseen consequences for generations to come. Madam Speaker, my district includes several high tech companies and I was having a conversation with some young professionals--including Michael Young, a former legislative director--last week when the topic of taxes came up. Each of these professionals was in their 30's and each lamented the higher taxes that await them as they finally begin to be rewarded for the hard work they have endured. What was particularly frustrating for them was that they had done exactly what they had been told they should do: go to college, work hard and play by the rules. And it wasn't that they were opposed to taxes either. No, what incensed them was the Administration's insistence that those who did well over the last 30 years should be heavily taxed in the future. What about those who didn't do well in the past 30 years but who are now, after having sacrificed so much, now finally on the threshold of being successful? These young people are just entering the prime of their business and professional careers. They played by the rules. They went to college; they saved and struggled. And most importantly, they worked hard. Now, they are going to be penalized for doing everything right. And penalized not because of what they have done, penalized for what they are going to do--succeed. I say ``going to do'' but many of them expressed the opinion that why should they work hard now when the money they earn will just go to the government. Some told me they had already scaled back their future career plans. A few even told me they have worked out the numbers to work just enough so they don't get hit with higher taxes and surcharges. What a sorry state of affairs when our best and brightest are no longer willing to work hard, to take chances, to achieve greatness. Instead they are content with ``getting by'' and mediocrity. The implications for the country as a whole are downright frightening. As young people in China, India, Brazil and others capitalize on the economic freedom that has been unleashed; America's very system reward for hard, honest work is at stake.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, American workers have just won a great and historic victory. Employees of Mohawk Industries will share the $18 million that the company agreed to pay to settle a lawsuit accusing it of hiring illegal immigrants in order to hold down wages. The settlement comes on the heels of the Obama administration's decision to largely abandon enforcement of our immigration laws at America's workplaces. This legal victory gives a valuable tool to other workers who suffer at the hands of employers who want to keep wages low by hiring illegal immigrants. If the Obama administration won't act to protect American workers, American workers now have the power to protect themselves by filing lawsuits against employers who hire cheap and illegal labor. Mr. Speaker, if employers continue to break immigration laws, may there be many more such lawsuits.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, it is always nice to agree with the Chairman of the Judiciary Committee. I too support Senate Joint Resolution 25. This resolution grants Congress' approval to amendments that the State of Maryland, the Commonwealth of Virginia and the District of Columbia have made to the Washington Metropolitan Area Transit Regulation Compact. Under the amendments, the District of Columbia may appoint its member of the Washington Metropolitan Area Transit Commission from any District agency with oversight of matters relating to the commission. The District is thus freed from the requirement to appoint its member from the District's Public Service Commission, which no longer has responsibility for affairs regulated by the Washington Metropolitan Area Transit Commission. Similarly, the amendments allow Virginia to appoint its commission member from the Virginia Department of Motor Vehicles, rather than the State's Corporation Commission. The amendments perform a desirable piece of housekeeping regarding the compact. All of the jurisdictions that are party to the compact have agreed to the amendments. I urge all Members to support the resolution, which aids the operation of this important interstate body. I yield back the balance of my time.

Mr. SMITH of Texas

Mr. SMITH of Texas. I yield myself such time as I may consume. Madam Speaker, first of all, I want to thank my Texas colleague Mr. Ortiz for introducing this resolution. It reflects well on him and on a wonderful individual who has contributed so much. I support House Concurrent Resolution 222, which recognizes the leadership and the historical contributions of Dr. Hector Garcia. My colleague in the other body, Senator Cornyn of Texas, sponsored a similar resolution during the last Congress, and I am glad to see that it is being considered in the House this year. In 1914, Hector Garcia was born in Llera, which is a small town in Mexico. As a child, he was brought to Mercedes, Texas, after his parents fled the Mexican Revolution in 1917. He graduated from the University of Texas Medical School in 1940 and used that education to serve his country in the United States Army. In the Army, Dr. Garcia served during World War II as an infantryman, as a combat engineer, and as a medical doctor. He earned the Bronze Star medal with six battle stars for his distinguished service; but his public service did not end there. Dr. Garcia founded the American GI Forum in 1948, which fights for equal treatment of Mexican American veterans in medical care and educational benefits. President Lyndon Johnson made Dr. Garcia the first Mexican American to serve as an ambassador to the United Nations. He also became the first Hispanic to serve on the United States Commission on Civil Rights; and in 1984, President Ronald Reagan bestowed upon Dr. Garcia the Presidential Medal of Freedom. I urge all of my colleagues to join me in supporting this resolution. Madam Speaker, I yield back the balance of my time.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, to my left is the Media Fairness Caucus' Newsweek Wall of Shame, a collection of the magazine's very biased cover articles. Previous covers have featured Vice President Al Gore with the caption, ``The Thinking Man's Thinking Man''; President Obama with the caption, ``Yes, He Can''; and Vice President Joe Biden, ``A Vice President to be Reckoned With.'' This week's cover reads, ``America's Back! The Remarkable Tale of our Economic Turnaround''. Apparently Newsweek hasn't heard that the unemployment rate remains close to 10 percent, with 16 million Americans unemployed, that personal income has fallen over 3 percent since President Obama took office, and that the President's budget doubles the national debt in 5 years and triples it in 10. The only way to bring America back is to reverse the administration's policies of higher taxes, runaway spending, government takeovers, and record debt. Newsweek should report the facts on the economy, not provide free and false advertising for the Obama administration.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, Americans continue to see the national media as too biased, too liberal, and too powerful. By almost a two-to-one margin, Americans say that media bias is a bigger problem in politics today than big campaign contributions, according to a new Rasmussen public opinion poll. By a three-to-one margin, Americans describe the average reporter as more liberal than they are rather than more conservative. And almost seven out of ten Americans believe the news media have too much power and influence over government decisions. Other recent polls have shown similar results. If the national media want to restore Americans' trust, they should report the facts, not tell the people what to think.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, recently, a woman named Doris asked President Obama why his health care legislation includes more taxes when, as she put it, ``we are overtaxed as it is.'' Here's what The Wall Street Journal had to say about the President's 17-minute, 2,500-word answer, and the media's failure to hold him accountable: [The President's] filibuster had only served to avoid addressing her concern. He never explained why his health care bill ended up raising taxes on those making under $200,000 a year--a violation of his explicit 2008 campaign pledge. President Obama is clearly avoiding any forum where he can be pinned down with tough questions. So far, Washington journalists have been quite passive in letting the White House choose the terms of its interaction with the public. Would a conservative president get such an obliging ride from the normally aggressive Washington press corps? Probably not. The national media should hold the President accountable, not give him a free pass.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, President Obama is far more popular in the news than he is among American people. Sixty percent of national media mentions of the President were positive over the past week while 40 percent were negative, according to Rasmussen Reports' new ``Media Meter.'' In contrast, just 48 percent of Americans approve of the job the President is doing. By a 10-point margin, more Americans ``strongly disapprove'' of the President's job than ``strongly approve.'' And just one-quarter say the country is ``on the right track.'' Wouldn't it be nice if the national media reflected the views of the American people? The national media should give Americans the facts, not tell them what to think.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, first of all, I want to thank my friend from Wisconsin for yielding me time. I would also like to thank Chairman Oberstar and Ranking Member Petri for their hard work on this legislation. Mr. Speaker, I have one concern about section 426 of the House amendment to H.R. 1586, which I hope will be addressed. Section 426 does two main things: it requires the Government Accountability Office to study the effect of Department of Transportation grants of antitrust exemptions on consumer welfare; and sunsets the existing antitrust exemptions after 3 years. These grants of antitrust immunity allow airlines to ``codeshare'' with international partner airlines. This in turn allows the airlines to offer more flight options to consumers. It also means that consumers can accrue and use frequent flier miles on many airlines. Having more flight options and more ways to spend miles is certainly a boon for the consumer. In addition, the airlines contend that these alliances make for healthier airlines, which is good news for the thousands of workers that these companies employ. As ranking member of the House Judiciary Committee which has jurisdiction over the antitrust laws, I have concerns that under current law, only the Secretary of Transportation can grant these immunities. The Department of Justice's antitrust division does not have a formal role in that process. That is something that I think needs to be examined. I understand that the Senate version of this bill does not have a similar provision. It is my hope that the House Judiciary Committee will be included in any conference on this legislation so that we can offer our antitrust perspective on this particular issue.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, the national media gave a sharply contrasting tale of two weekend rallies. A gathering of thousands opposing the administration's health care scheme drew overwhelmingly negative coverage. The Washington Post front page described it as a ``hideous display.'' CBS said the health care debate ``turned even nastier at the rallies.'' ABC called the protesters ``angry'' and ``ugly.'' A Newsweek correspondent described the protesters as ``an angry mob.'' To anyone there, all these descriptions were obviously untrue. In contrast, an immigration-amnesty rally over the weekend received positive coverage. The Washington Post said ``the festive crowd beat drums and waved American flags.'' CNN said protesters came out to ``support the Obama administration in its next big battle.'' The New York Times said protesters were there to ``vent'' and that ``most flew American flags overhead.'' The national media should give Americans unslanted news, not favor rallies that support their liberal agendas.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, by a 12-point margin, Americans say the Administration's health care plan is a ``bad idea,'' according to a new NBC News/Wall Street Journal survey. And the number of people who call the health plan a ``bad idea'' has reached a new high. But you won't hear about this from the national media--not even NBC, who conducted the poll. During a report about the survey on NBC's Nightly News, anchor Brian Williams failed to mention this finding. Other polls show even greater opposition to the Administration's plan. According to Investor's Business Daily, Americans want Congress to ``start fresh'' by 61 percent to 32 percent. NBC and the national media should give the American people the facts about health care, not hide them.

Mr. SMITH of Texas. Mr. Speaker, Republicans and Democrats agree on the need for health insurance to cover those who cannot afford it. But this legislation is the wrong way. The health care bill is built on the shifting sands of higher premiums, increased taxes and reduced benefits. Such a foundation cannot last and will be washed away by the American people in the November election. A majority of the American people want to choose their own health care plan, not have the government do it for them. Under this bill, many health care decisions will be made by federal employees, not patients and their doctors. The result will be less care at higher cost.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, here is what the Associated Press has to say about the administration's health care plan: ``Buyers, beware. President Barack Obama says his health care overhaul will lower premiums by double digits, but check the fine print.'' ``Premiums are likely to keep going up even if the health care bill passes, experts say.'' ``Listening to Obama pitch his plan, you might not realize that's how it works.'' ``The (Congressional) Budget Office concluded that premiums for people buying their own coverage would go up by an average of 10 to 13 percent.'' The rest of the national media should report the facts about health care, not cover them up.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, I know many Democrats who love our country, who are dedicated public servants, and who are men and women of integrity. In the coming hours and days, I hope they will listen to their conscience, what they know in their heart is right, and take some action to stop a corruption of the legislative process. If a new health care system is worthy of being enacted, it is worthy of being debated and voted on in an honest and straightforward way. Anything less is a stain on Congress and diminishes our great country. How we conduct ourselves goes beyond a single bill. It will signal to those across the land, and perhaps to those in other lands, whether we deserve their respect or have justified their ridicule.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, a true bipartisan health care bill would have included real lawsuit abuse reform that provides savings for the American people. The administration refuses to consider lawsuit abuse reform because they want to protect their political piggy bank, which is filled by trial lawyers. The legal industry contributed $43 million to President Obama's 2008 campaign. More than 78 percent of the money given to Congress by lawyers, mostly from trial lawyers, went to Democrats, almost $100 million. By bankrolling Democratic politicians, trial lawyers have succeeded in preventing any lawsuit abuse reforms from becoming part of the health care legislation, despite the overwhelming support for lawsuit reform by a great majority of the American people.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 1141 honors the accomplishments of the Honorable Sandra Day O'Connor, the first woman to serve on the United States Supreme Court. Justice O'Connor was born in El Paso, Texas, in 1930, and grew up on a cattle ranch called the Lazy-B near Duncan, Arizona. She befriended cowboys who worked on the ranch, learned to drive a car and shoot a gun, and became an expert horseback rider. Her parents decided that she needed an education, so O'Connor went to live with her maternal grandmother in El Paso. She later studied economics at Stanford University with an eye toward running the Lazy-B or another ranch. However, a legal dispute over the Lazy-B sparked her interest in the law. O'Connor enrolled in Stanford's law school, and graduated in only 2 years, third in her class, that included valedictorian and future Chief Justice of the United States William Rehnquist. One of her other classmates, John Jay O'Connor, became her husband. This was the early 1950s, and despite her stellar law school record, O'Connor could not find work as a lawyer. But she was determined. She started out as a legal secretary before finding employment as the deputy county attorney for San Mateo, California. When her husband was drafted into the Judge Advocate General's Corps, she joined him in Frankfurt, Germany, where she served as a civilian attorney in the Quartermaster's Corps. Returning to the United States in 1957, the couple settled in Phoenix and started a family. Three children arrived in the next 6 years. O'Connor eventually hung out a shingle with one partner and began a general law practice. But with the birth of her second child, she devoted herself to homemaker duties, charitable work, and local Republican politics. Following 5 years as a full-time mother, O'Connor returned to work as an Arizona assistant attorney general. Later, the Governor appointed her to fill a vacant State senate seat, a position she successfully defended twice in two elections. In 1974, O'Connor became the first woman to serve as the majority leader in the State legislature. This achievement propelled her to the bench, first as a Maricopa County Superior Court judge and then in 1978 as a member of the Arizona Court of Appeals, the State's intermediate appellate court. Justice O'Connor distinguished herself as a smart, fair, even-tempered judge. This compelling story intrigued President Ronald Reagan, who was searching for a successor to replace retiring Justice Potter Stewart at the United States Supreme Court. In Sandra Day O'Connor, he found his nominee. Senate confirmations are not for the faint-hearted, but O'Connor came through like an experienced pro. She was confirmed by a vote of 99-0 and was sworn in as the 102nd member of the Court on September 21, 1981. Of obvious importance, then and now, she became the first woman to serve as an Associate Justice. So much for glass ceilings. Justice O'Connor served on the Court for nearly a quarter of a century before retiring in 2006. Early in her tenure, she was known as a conservative jurist who preferred analyzing cases with a narrow fact- specific approach. Later, she acquired the reputation as a swing vote. Law Professor Steven Green once paid her perhaps the ultimate compliment when she ``seemed to look at each case with an open mind.'' Since retiring from the Court, Justice O'Connor really hasn't retired. She selflessly devoted herself to caring for her husband, John, who was diagnosed with Alzheimer's disease in 1990 and passed away last November. In addition to travel and spending time with other family members, Justice O'Connor has worked on an American Bar Association project to educate Americans about the role of judges, served as the chancellor of the College of William and Mary, and performed trustee duties for the National Constitution Center. In recognition of her life's work, President Obama awarded her the Presidential Medal of Freedom, the highest civilian honor of the United States, on August 12, 2009. Mr. Speaker, Sandra Day O'Connor is a pioneer for women and an inspiration to all Americans. I urge my colleagues to support H. Res. 1141, which honors her many accomplishments. I yield back the balance of my time.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 1147, the Prevent All Cigarette Trafficking, or PACT, Act of 2009, is bipartisan legislation that will help Federal, State, and local law enforcement officials combat cigarette smuggling and trafficking. Today, the House considers the Senate version of this legislation. The House passed similar bipartisan legislation last May, which I cosponsored with my colleague from New York (Mr. Weiner). Tobacco smuggling has become one of the most prevalent forms of smuggling in recent years, and its effects are felt not only in America but around the world. The World Health Organization estimates that illegal cigarettes account for over 10 percent, or approximately 600 billion cigarettes, of the almost 6 trillion cigarettes sold globally each year. According to a study by the World Bank, cigarettes are appealing to smugglers because taxes typically account for a large portion of the sale price for cigarettes. Smugglers are, therefore, able to sell contraband cigarettes at a significantly lower price, making it highly profitable to traffic them for resale. Tobacco smuggling traditionally involves the diversion of large quantities of cigarettes from wholesale distribution into the market. This usually occurs during shipment of the cigarettes, thus allowing the traffickers to avoid most, if not all, of the taxes that will be imposed at retail. The profits from tobacco trafficking can be used to finance illegal activities, such as organized crime and drug trafficking syndicates. In addition, the sale of smuggled tobacco on the market deprives States of significant amounts of tax revenue each year. California officials estimate that taxes are unpaid on about 15 percent of all tobacco sold in its markets at a cost of $276 million a year. In a recently released study, the State of New York, for example, put its losses at more than $576 million per year. Recently, my home State of Texas raised its cigarette taxes. This increase is supposed to generate an additional $800 million in revenue for the State. This revenue could be lost if smugglers continue to divert cigarettes for resale on the underground market. The PACT Act will help to ensure that States like California, New York, and Texas receive or recover tax revenue that is due to them. This bipartisan legislation closes loopholes in current tobacco trafficking laws and provides law enforcement officials with ways to combat the innovative methods being used by cigarette traffickers to distribute their products. Mr. Speaker, S. 1147 is supported by the Lung Cancer Alliance, the Campaign for Tobacco-Free Kids, and more than 20 public health advocacy organizations. A number of tobacco manufacturers and a majority of State attorneys general also support passage of this bill. I urge my colleagues to support this legislation. I yield back the balance of my time.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, here are 10 reasons why the administration's health bill makes no sense according to Investor's Business Daily. Number one, the people don't want it. In fact, the majority of Americans are opposed to it. Two, doctors don't want it. Three, people are happy with the health care they have. Four, it doesn't cover the people they set out to cover. Five, costs will go up, not down. Six, real cost controls are nowhere to be found. Seven, insurance premiums will rise, not fall. Eight, Medicare is already bankrupting us. Nine, medical care will also deteriorate. And, ten, rationing of care is inevitable. Madam Speaker, the conclusion is clear: Congress should start over and get it right.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, in a recent Washington Post op-ed, here is what two Democratic pollsters had to say about the media's spin on the administration's health care proposal: ``Nothing had been more disconcerting than to watch Democratic politicians and their media supporters deceive themselves into believing that the public favors the Democrats' current health care plan. ``A solid majority of Americans opposes the massive health reform plan. Many more Americans believe the legislation will worsen their health care, cost them more personally, and add significantly to the national deficit. ``Never in our experience as pollsters can we recall such self- deluding misconstruction of survey data.'' Madam Speaker, despite the media spin, the American people are sending a clear message about health care: Congress should start over and get it right.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, yesterday, The New York Times, the Washington Post and the Los Angeles Times each featured a news story about President Obama's trip to Missouri to promote his health care plan. Combined, the three articles feature 16 quotes from individuals who support the administration's plan compared to just two quotes from those opposing it. This is a high level of bias considering that most Americans oppose the health care proposal and about two-thirds of Americans want Congress to start over and get it right. The national media continue to be an unpaid public relations firm for this administration's health care scheme. To restore their credibility, the national media should give Americans the facts on health care, not just the administration's opinions.

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 yield myself such time as I may consume. Mr. Speaker, today's vote on the Articles of Impeachment against Judge Porteous is necessary to ensure justice is applied to a corrupt Federal judge. When a judge is given a lifetime appointment, it is a tremendous honor and responsibility. They serve the ideals of justice. But when a judge abuses this authority, they must be held accountable for any violation of those same principles of justice. Congress has an obligation to put an end to Judge Porteous' abuse of authority and remove him from the bench. I urge my colleagues to vote in favor of each of the four Articles of Impeachment being considered today and to help restore integrity to the Federal bench. I also hope the Senate will act quickly to conduct the trial of Judge Porteous.

Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Coble), a distinguished and senior member of the Judiciary Committee.