Lamar Smith

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, next Wednesday, those tuning in to ABC for news coverage instead will see an extended commercial for President Obama and for his government-run health care system. According to ABC, the network will feature the President's health care agenda during its morning, evening and prime time news programs, as well as on its Web site. The finale will be a health care townhall meeting with President Obama that will be broadcast directly from the White House. ABC should present both sides of the health care debate, not just the administration's side. Unfortunately, ABC has announced no plans to devote time to an opposing viewpoint. In fact, they have refused to air ads critical of the administration's health care plan. It is this kind of biased news programming that has caused Americans to lose faith in the national media.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, a remarkable and pioneering lady, Ms. Barbara A. Ringer, the ninth Register of Copyrights, passed away earlier this year. The first woman to serve as the head of the United States Copyright Office, which is part of the Library of Congress, Ms. Ringer served as an example of the profound, positive impact that a single individual can have in improving the lives and circumstances of others. While her professional duties meant that she spent the overwhelming majority of her time and personal energy focused on promoting and protecting the rights of authors, composers, songwriters and performers, her passion for justice was not limited to these concerns. My distinguished colleague, the Chairman of the House Judiciary Committee, described some of Ms. Ringer's broader efforts in this regard in his remarks that were offered a few moments ago. When the Washington Post reported on Ms. Ringer's passing, the headline read ``Force Behind New Copyright Law''. That headline is telling in at least two respects. First, Ms. Ringer was truly the indomitable catalyst and indispensable person who motivated Congress to enact The Copyright Act of 1976, the first and only major revision of the code since the enactment of the 1909 Copyright Act nearly seven decades before. Ms. Ringer was a visionary who foresaw the impact of technological progress on the rights of individual creators. As the principal author of the 1976 Act, she succeeded to a remarkable degree in promoting principles that both strengthened the rights of authors and provided affirmative protections, for the first time, to users for the ``fair use'' of copyrighted works. Second, in referring to the 1976 Act, the Post characterized a law that is now more than three decades old as the ``New Copyright Law.'' This characterization indicates how difficult it is to balance all the competing interests and shepherd a bill that affects so many individuals and entities to enactment and yet this remarkable lady did precisely that through the sheer power of her intellect, commitment, perseverance and strategic abilities. In closing, I ask that I be permitted to place into the Record two documents. The first is the Washington Post article, which I referred to earlier. The second is a Special Edition of Copyright Notices dated April 2009, which was authored by Judith Nierman and does an excellent job of chronicling the life and achievements of Ms. Ringer. For both those who knew her and those who benefit unknowingly from her tremendous and dedicated efforts, Ms. Ringer has left an indelible legacy that is worthy of public recognition.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding earmarks I received as part of the FY 2010 Homeland Security Appropriations Act. Requesting Member: Congressman Lamar Smith Bill Number: FY2010 Homeland Security Appropriations Act Account: FEMA--Predisaster Mitigation Legal Name of Requesting Entity: City of New Braunfels Address of Requesting Entity: 424 South Castell Avenue, New Braunfels, TX 78130 Description of Request: I have secured $500,000 for the City of New Braunfels for flood mitigation. The project is part of the City's FEMA- approved Local Hazard Mitigation Plan and the Regional Mitigation Action Plan. The project consists of (1) the construction of two large detention ponds along Walnut Avenue, (2) channel improvements along the North Tributary, and (3) the removal of several residential and commercial properties from the 100-year floodplain. This project is an important regional flood control initiative to reduce flooding along the North Tributary of the Guadalupe River and to protect numerous homes from future flood damage. For the entire project, the City is prepared to provide $5,900,000, which is a 92% share of the $6,400,000 cost. The City is requesting $500,000 in Federal funding, which would be 8% of the project cost. I certify that neither I nor my spouse has any financial interest in this project. Requesting Member: Congressman Lamar Smith Bill Number: FY2010 Homeland Security Appropriations Act Account: FEMA--State and Local Programs Legal Name of Requesting Entity: City of Boerne Emergency Operations Center Address of Requesting Entity: 214 West Nueva, San Antonio, TX 78207 Description of Request: I have secured $250,000 for the City of Boerne for equipment for their Emergency Operations Center. Funding will be used to modernize the radio equipment to allow for interoperability between various public safety entities and multiple jurisdictions, and to equip the new Emergency Operations Center with equipment for such operations. The improvements will not only impact the City of Boerne but all of Kendall County and the City of Fair Oaks Ranch, which is located partially in Kendall, Comal and Bexar Counties. I certify that neither I nor my spouse has any financial interest in this project.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding earmarks I received as part of the FY 2010 Commerce, Justice, Science and Related Agencies Appropriations Act. Requesting Member: Congressman Lamar Smith Bill Number: H.R. 2487 Account: DOJ--OJP--Byrne Legal Name of Requesting Entity: City of Austin Address of Requesting Entity: 301 West 2nd Street, Austin, TX 78701 Description of Request: I have secured $250,000 for the City of Austin to install security cameras in pedestrian-heavy and high-crime locations. This technology will allow the Austin Police Department (APD) to ``expand its police force'' by providing the capability to monitor activity from a central location. The requested funding may also be used to purchase temporary storage space for digital evidence obtained from security cameras and to purchase a mobile training facility. Police cameras have been shown to reduce crime and provide video evidence that bolsters the prosecution of criminal cases. APD will use the cameras to fight all crime, with a focus on potentially life-threatening crimes such as assaults and robberies which have recently increased in various City locations. Also, as the department grows, and on-going officer training is needed, the mobile facility will greatly enhance Austin's abilities to meet law enforcement standards. The versatility of the mobile facility would allow for both daytime and night fire training opportunities at a cost that is significantly less than the construction of a full scale range. The City of Austin will match any federal funds that the delegation secures for this project. I certify that neither I nor my spouse has any financial interest in this project. Requesting Member: Congressman Lamar Smith Bill Number: H.R. 2487 Account: DOJ--COPS Technology Legal Name of Requesting Entity: City of San Antonio, Texas, Police Department Address of Requesting Entity: 214 West Nueva, San Antonio, TX 78207 Description of Request: I have secured $1,100,000 for the City of San Antonio for the installation of a digital imagery capture and storage system, and in-car video equipment. The first phase will be the conversion of the current photographic evidence from current CD/DVD storage to a dual server and SAN storage system. This system would reside in two separate locations, for security purposes and protection against catastrophic loss. Additionally, current Evidence Unit cameras (photographic and video) would be upgraded to allow for compatibility with the new system. In order to allow instant downloading of evidence, the wireless connectivity between the Evidence Unit vehicles and the servers would be also be upgraded. The second part will be the installation of a video camera and transmitter-activated equipment in each patrol car and motorcycle assigned to the Police Department's Traffic Division. This Division is tasked with city wide traffic and other law enforcement activities and focuses along all major thoroughfares and arterials. By initiating the program with the Traffic Division, full coverage of the entire City will be achieved. The implementation of the digital image storage system and in car cameras will increase officer safety and provide high quality documentation and evidence of police activity. This will translate into an increase in successful prosecutions and citizen safety. Local funding shortage/issues have kept this program from being implemented. Due to the technical nature of the program, a full time position will be required to manage and maintain the system. The City of San Antonio will hire a full time Technician as a matching portion of the program. Salary and benefits for such a position are estimated at $55,000 per year. I certify that neither I nor my spouse has any financial interest in this project. Requesting Member: Congressman Lamar Smith Bill Number: H.R. 2487 Account: DOJ--OJP--Byrne Legal Name of Requesting Entity: Texas State University--San Marcos (on behalf of the City of Lakeway Police Department) Address of Requesting Entity: 601 University Drive, San Marcos, TX 78666 Description of Request: I have secured $1,300,000 for Texas State University's ALERRT Program. ALERRT seeks funding to train additional police officers and to further promote the nationally standardized format and train-the-trainer capacity to meet the training needs of the more than 16,000 police departments across the nation. This valuable training will allow first responding patrol officers to more effectively deal with acts of violence before they evolve into full- blown, national tragedies. Funding will allow for better-trained law enforcement agents and safer communities. ALERRT provides first responders with the tactics they will need to effectively respond to active shooter situations. Currently, there are 423 requests pending for ALERRT training. Additional funding for ALERRT would enable the program to train more patrol officers, including Lakeway Police Department, and thereby improve the safety of our nation's communities. I certify that neither I nor my spouse has any financial interest in this project.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, the nonpartisan Congressional Budget Office has determined that cap-and-trade legislation will cost American families at least $1,600 a year. Other studies have found that the cost of energy could be up to $3,600 per family. It would be more accurate to call cap-and-trade ``cap-and-tax,'' but you are unlikely to hear about cap-and-tax and its cost by watching the news. According to the Media Research Center, the three network evening news programs mentioned ``cap-and-tax'' in only four stories from January to May. None of the four stories explained cap-and-tax and its high cost to consumers. The price of gas and electricity will go up, as will the price of food. The media need to report the facts about cap- and-tax and need to tell the American people what it will cost them.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding earmarks I received as part of the FY 2010 Homeland Security Appropriations Act. Requesting Member: Congressman Lamar Smith Bill Number: FY2010 Interior, Environment, and Related Agencies Appropriations Act Account: EPA--STAG Water and Wastewater Infrastructure Project Legal Name of Requesting Entity: City of Austin Address of Requesting Entity: 301 West 2nd Street, Austin, TX 78701 Description of Request: I have secured $500,000 for the City of Austin for sanitary sewer overflow prevention. These funds will be used for the Non-Structural SSO Prevention Project in association with our partnership with the Environmental Protection Agency (EPA). This past fall, EPA released the City's first Special Appropriations Grant XP- 97677204 to allow expenditures on the City's ongoing ``cured-in-place'' sewer main slip lining contracts. This trenchless sewer rehabilitation technique eliminates infiltration and replaces the structural integrity of sewer mains without extensive excavation. Having EPA grant funds targeted to this activity frees up existing City financial resources to (1) expand sanitary sewer monitoring, cleaning and maintenance, (2) address both grease control and permanent root elimination from the sewer system and (3) expand use of trenchless sanitary sewer rehabilitation techniques to other areas of the sewer system. The requested funds will be used for a non-structural (trenchless) sanitary sewer overflow prevention project. The project will reduce sanitary sewer overflows that threaten the Colorado River watershed and the Edwards Aquifer. It will also demonstrate a non-structural approach to addressing sanitary sewer overflows that can be replicated nationally. I certify that neither I nor my spouse has any financial interest in this project.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, ``You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.'' American citizens are read these rights when they are taken into police custody. But the Obama administration has decided to give these rights to suspected terrorists overseas. Why would the Obama administration give terrorists the same rights as American citizens? Members of al Qaeda and the other terrorist groups should be treated as what they are, America's enemies engaged in a war against the United States. Giving terrorists constitutional rights is like giving a burglar the key to your house.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, the national media have given President Obama a free pass on the economy. Earlier this year, the Obama administration said Congress needed to pass the President's stimulus package to keep the unemployment rate below 8 percent. Since Congress has passed the President's nonstimulus stimulus, the economy has lost more than 1.5 million jobs, and unemployment has jumped to 9.4 percent. Despite the massive layoffs, the President claimed this week that the stimulus has saved jobs. The national media have allowed the Obama administration to get away with spinning jobs lost as jobs saved, and the national media have continued to ignore the Congressional Budget Office's conclusion that the stimulus bill actually would reduce output--reduce output. The media should scrutinize the President's words and actions, not give him a free pass.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, 13 million Americans are out of work, but 8 million illegal immigrants hold jobs in the United States. Yet the Obama administration has just delayed for the third time a requirement that Federal contractors use E-Verify to make sure that they hire legal workers. U.S. citizens and legal immigrant workers should not have to compete with illegal immigrants for employment, especially taxpayer-funded Federal contract jobs. The Federal Government has several hundred billion dollars worth of contracts, each with good jobs that rightfully belong to American workers. E-Verify is the best tool to ensure job security for them. E-Verify works. It immediately confirms 99.6 percent of work-eligible employees. More than 127,000 companies now use E-Verify, and Federal contractors should be required to use it. The Obama administration should put American workers first. They must stop delaying the requirement that Federal contractors hire legal workers.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, the national media have conspicuously ignored two recent stories about Judge Sotomayor. The Washington Times reported last week that three out of five majority decisions written by Judge Sotomayor and reviewed by the United States Supreme Court have been overturned. That's a 60 percent overturn rate. In another story, the Washington Times reported on findings of the Almanac of the Federal Judiciary. It revealed that out of 21 judges reviewed, Judge Sotomayor was the only one who received decidedly negative comments about her demeanor on the bench. Not surprisingly, there's been no mention of the questions raised about the judge's qualifications in any major newspaper or on any network TV news program. Supreme Court nominees should face scrutiny from the national media if they're doing their job. Americans need the national media to set aside their bias and report the facts about Judge Sotomayor.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, at the recent White House Correspondents' Dinner, President Obama joked to the reporters in attendance: ``Most of you covered me. All of you voted for me.'' Some jokes are true; and, unfortunately, this joke is on the American people. According to Investor's Business Daily, journalists who gave campaign money to then-Senator Obama outnumbered those who contributed to Senator McCain by a 20-1 margin. The media gave money to him. They voted for him. Now they're giving him a free pass. According to one analysis, network newscasts have portrayed the President as a deficit fighter five times more often than they have portrayed him as a big spender even though his budget will double the national debt in 5 years and will triple it in 10. Yes, the media voted for President Obama, but they should not allow their voting to influence their reporting.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, thirteen million Americans are out of work, and yet eight million illegal immigrants hold jobs in the U.S. But the Obama administration's proposed budget does little to help. To its credit, the administration requested funds for the E-Verify system, which helps companies check to make sure they have hired legal workers. But in this administration's budget, the E-Verify request is the beginning and end of reducing illegal immigration. The administration has no plans to build more of the border fence to keep illegal immigrants from coming here in the first place. The administration has no plans to increase the size of detention facilities to hold illegal immigrants until their deportation. And when it comes to immigration fugitives--those illegal immigrants who've ignored a deportation order--the administration intends to let them off the hook unless they have a criminal record in addition to being fugitives. If the administration is serious about protecting lives and jobs, they need to enforce all immigration laws--not just a select few.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, I would like to submit the following for the Congressional Record: Started in October 5, 1964, Service Corps of Retired Executives (SCORE), known presently as ``SCORE Counselors to America's Small Business,'' is made up of more than 11,200 counselors in nearly 400 offices who provide time and expertise to assist fledgling business owners and prospective entrepreneurs. Today, the organization fulfills the vital role of helping small business owners survive economic challenges, stay in business, and keep Americans working. According to the Small Business Administration (SBA), each year SCORE assistance helps start approximately 20,000 new businesses and creates approximately 25,000 jobs. In 2008, SCORE reached the impressive milestone of providing eight million clients with mentoring and training since its founding. That year, SCORE's nearly 7,000 business workshops drew in excess of 133,000 attendees and the online workshops attracted 51,000 more. Counselors can provide assistance via e-mail and numerous courses may be taken on line, free of charge. America's small businesses play a significant role in our economy, accounting for 99.7% of all employer firms and generating more than half of the non-farm private gross domestic product (GDP). SCORE continues to be a well- positioned and valuable resource for these small businesses as they grow and develop. I commend SCORE's numerous volunteers who share their time and valuable expertise to equip future entrepreneurs with the skills to own and operate successful small businesses. Volunteers from SCORE have demonstrated their commitment to enhancing quality of life, building strong communities, and promoting economic growth. Our communities can take pride in SCORE's good work.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, last week, the Obama administration increased its budget deficit projection to more than $1.8 trillion and then promptly blamed the deficit on former President Bush. Most of the national media have blindly accepted this false charge despite facts to the contrary. President Obama did not inherit the current budget which spends too much, taxes too much, and borrows too much. But he did vote for last year's budget as Senator. President Obama didn't inherit the $787 billion so-called ``stimulus package,'' he authored it. President Obama didn't inherit out-of-control government spending. He has presided over it. At some point the national media needs to hold the current administration accountable for its own spending and the ballooning deficit which will increase inflation and slow economic growth.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, I am pleased to introduce, along with Chairman Barney Frank, legislation that requires the accreditation of English language training programs for student visa holders. Accreditation of these programs will ensure that foreign students here on temporary visas receive the high level English language education that they deserve and expect. And this legislation will help give the students a positive experience in America. The bill prevents fraud in the student visa program and raises the quality of English language training programs in the United States. It does so by requiring accreditation, which is achieved only after certain learning criteria are met. Under section 101(a)(15)(F) of the ``Immigration and Nationality Act,'' a foreign national can get a student visa to study at a U.S. college, high school, or other learning institution, such as an established ``language training program . . . approved by the Secretary of Homeland Security after consultation with the Secretary of Education. . . .'' This bill requires that a nonimmigrant foreign student seeking to enter the United States to study at a language training program must enroll in a program that is recognized as accredited by the Secretary of Education. The Senate passed this legislation by unanimous consent last Congress. Intensive English Programs (``IEPs'') serve to teach English to foreign students. There are about 75,000 such students in the United States. The programs range in length from 2 weeks to 1 year, but average 12 weeks. There are nearly 1,000 IEPs in the U.S., and students must study a minimum of 18 hours per week to meet their visa requirements. Currently all IEPs must be officially recognized, but that sometimes means there is just a check to see that the building in which the IEP is supposedly located actually exists. The result of such lax monitoring is fraud in the IEP community. Illegitimate IEPs either do not teach English well or serve as scams for individuals who want to come to the United States through fraudulent means. In April 2008, the Los Angeles Times reported, ``The operator of two English language schools was charged Wednesday with running a scheme that allowed foreign nationals, including several Russian prostitutes, to fraudulently obtain student visas to enter and stay in the United States.'' And just 2 weeks ago, two individuals who ran an English language school for immigrants in Duluth, GA, were indicted for submitting fraudulent documents to the Department of Homeland Security. They did so in order to get student visas for ``dozens, and perhaps hundreds, of `students.' '' Such fraudulent programs, along with IEPs that do not function well, tarnish the reputation of the entire IEP industry. That's why the American Association of Intensive English Programs supports this legislation. And legitimate IEPs are interested in ensuring the quality of their programs. Under this bill, IEPs can meet the accreditation requirement in one of two ways. First, they can be under the governance of a university or college that has been accredited by a regional accrediting agency recognized by the U.S. Department of Education. Or, second, they can be individually accredited by the Accrediting Council for Continuing Education and Training (ACCET) or the Commission on English Language Program Accreditation (CEA). The three typical steps in the accreditation process are (1) the completion of a written self-study that documents how the program or institution meets the standards of the accreditation agency; (2) a site visit by an agency team to verify that standards are being met; and (3) follow-up measures on the part of the school to correct any deficiencies, subject to review and final approval by the accreditation agency. Currently, many legitimate IEPs are voluntarily becoming accredited on their own. I support this legislation and encourage my colleagues to cosponsor the bill.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, the news industry faces a new threat to its job force--the Obama administration. A senior producer at CNN announced last week that she will take a press secretary position in the Obama administration. She joins at least nine other reporters from such news outlets as The Washington Post, Los Angeles Times, Time magazine, CBS, ABC News and CNN who have left their jobs to join the administration. It will be an easy transition for these former journalists since their primary job responsibility, supporting the Obama administration, remains essentially the same. The bad news for Americans is that the line between objective journalism and partisan politics continues to be blurred. If the media wants to restore their credibility, they should act as objective observers, not seek jobs in the Obama administration.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, today I want to congratulate Mayor Jack Leonhardt on the occasion of his retirement as Mayor of the City of Windcrest. First elected Mayor of Windcrest on May 5, 2001, Mayor Leonhardt has been consecutively elected to four terms. He announced his retirement in May 2009. As Mayor, he served as Chairman of the Alamo Area Council of Governments, President of the Texas Municipal League Region 7, Treasurer of the Greater Bexar Council Council of Cities and was appointed by Mayor Phil Hardberger and Judge Nelson Wolff to the Transportation Task Force. Mayor Leonhardt is a member of the Windcrest Lions Club, the Windcrest Optimist Club, the Northeast Partnership, the Greater Randolph Chamber of Commerce, and serves as an elder at John Calvin Presbyterian Church. He also served in the United States Air Force from 1966 until 1987 when he retired as Lieutenant Colonel. He is married to Barbara and has two daughters, Jacqueline Denham and Joanne Brickson, as well as four grandchildren. He has done an exceptional job as Mayor and we are all grateful for his service to his community.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, the director of ``A Christmas Story,'' Bob Clark, was killed by an illegal immigrant drunk driver in Los Angeles. An illegal gang member shot three students in Newark, New Jersey, execution style. He was free on bail and was facing charges of aggravated assault and sexual abuse of a child at the time of the murders. Another illegal immigrant was arrested after DNA matched him to a series of rapes of teenage girls in Chandler, Arizona. Sadly, I could go on and on, remembering thousands of victims of crimes committed by illegal immigrants. They are a reminder that we need to enforce all of our immigration laws to prevent these crimes from happening. This means enforcing our work site laws against employers and illegal workers, supporting local law enforcement agencies who want to arrest illegal immigrants, and passing a long-term reauthorization of E- Verify, the Federal Government's program that helps employers hire legal workers.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, with a newly elected Democratic President, and a Senator recently switching to become a Democrat, the national media have tried to imply that Americans have moved away from the Republican Party's values and priorities. But the facts tell a different story. A new poll by the Pew Research Center shows Americans are, in fact, taking a conservative turn on issues like abortion and second amendment rights. The number of people who support legalized abortion has dropped to its lowest point ever, and the number of people who say it is important to protect gun owners' rights increased to its highest point ever. These numbers indicate a shift toward, not away from, some of the core principles of the Republican Party. But you won't see much in the media about Pew's survey. It doesn't support their liberal leanings.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, when Arizona Governor Janet Napolitano was nominated to be Homeland Security Secretary, her record showed that she often opposed enforcing immigration laws. So it's not entirely a surprise that she recently told CNN's John King that illegally ``crossing the border is not a crime per se. It is civil.'' That's just plain wrong. It is a violation of the criminal code to enter our country illegally. The law has been in effect for decades, and it has been codified in its current form since 1991. The Obama administration apparently doesn't intend to enforce some of our immigration laws. There are numerous examples, such as delays in implementing a requirement that Federal contractors use E-Verify to ensure that illegal immigrants don't get Federal jobs. It's hard to believe that this administration is not only weak when it comes to enforcing immigration laws, but also ignorant of immigration laws themselves.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, in their stories assessing President Obama's first 100 days in office, the national media have been quick to tout the President's supposedly high approval rating. But the facts are otherwise. A Rasmussen poll released yesterday showed the President's approval rating at 55 percent and his disapproval rating at 43 percent. Fewer than half of voters say the President is doing a good job handling the economy. And only a third of voters think the President is governing on a bi- partisan basis. These are hardly impressive figures. The fact is that many Americans are not happy with the direction of the country under President Obama. The national media should take a break from patting the President on the back and report the facts objectively.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, today I want to congratulate the 2009 Service Academy nominees from the 21st Congressional District who have accepted academy appointments: John Boone Shandera Baker, Salisbury School, Naval Academy; Jordan Bernard Brickman, Clarke High School, Naval Academy; Thomas Logan Chilton, Westwood High School, Naval Academy; John Michel Paquette, Texas A&M University, Naval Academy; Steven Charles Scott, Texas Military Institute, Naval Academy; Nicholas Edward Espinoza, MacArthur High School, Air Force Academy; Brent Tucker Hancock, Leander High School, Air Force Academy; Cameron Neil Harris, International School of the Americas, Air Force Academy; Benjamin John Matthewson, Northwestern Preparatory School, Air Force Academy; William Thomas Stover, Central Catholic High School, Air Force Academy; Thomas J. Wilkinson, Cedar Park High School, Air Force Academy; Preston Joseph Horejsi, Medina High School, Military Academy; Thomas Prioleau Ball, IV, Alamo Heights High School, Merchant Marine Academy.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, every year thousands of violent crimes are committed out of hate, but just as many violent crimes, if not more, are motivated by something other than hate--greed, jealousy, desperation or revenge, just to name a few. An individual's motivation for committing a violent crime is usually complex and often speculative. Every violent crime is deplorable, regardless of its motivation. Every violent crime can be devastating, not only to the victim and their family, but also to the larger community whose sense of safety has been violated. That's why all violent crimes should be vigorously prosecuted. Unfortunately, this bill undermines one of the most basic principles of our criminal justice system--equal justice for all. Under this bill, justice will no longer be equal. Justice will now depend on the race, gender, sexual orientation, disability or other protected status of the victim. It will allow different penalties to be imposed for the same crime. This is the real injustice. One of the most troublesome aspects of this bill is that it divides America. It divides America by race, again, gender, sexual orientation, disability, or other status. We should focus on the opposite, uniting America, not dividing our country. The bill also could have a chilling effect on the words of religious leaders or members of religious groups. For example, religious individuals who feel strongly about some values may hesitate to discuss their personal beliefs about homosexuality or gay marriage for fear of criminal investigation. Some of my colleagues on the other side claim that the bill protects religious speech. But religious leaders could still be subjected to criminal investigations and be reluctant to preach the teachings of their faith as a result of this bill. In addition, the bill itself is probably unconstitutional and will be struck down by the courts. There is little evidence to support the claim that hate crimes impact interstate or foreign commerce, an important consideration for any Federal court reviewing the constitutionality of this legislation. In 2000, the Supreme Court in United States v. Morrison struck down a prohibition on gender-motivated violence. In that case the court specifically warned Congress that the commerce clause does not extend to ``noneconomic, violent criminal conduct'' that does not cross State lines. Nor is the proposed legislation authorized under the 14th and 15th Amendments. Those amendments extend only to State action and do not cover the actions of private persons who commit violent crimes. While the 13th Amendment reaches private action such as individual criminal conduct, it is difficult to argue that one's religion or national origin constitutes a ``badge'' or ``incident'' of slavery, the subject of the 13th Amendment. Also this bill purports to federalize crimes that are being successfully prosecuted by our States and local governments. Furthermore, FBI statistics show that the incidence of so-called hate crimes has actually declined and substantially declined over the last 10 years. In 2007, for example, of the approximately 17,000 homicides that occurred in the U.S., only nine of the 17,000 murders were determined to be motivated by bias. This legislation blurs the lines between violent belief, which is constitutionally protected, and violent action, which is not. If we go down this road, where does it end? With speech monitors and thought police? I urge my colleagues to oppose the bill. Mr. Speaker, I reserve the balance of my time.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, recently, tens of thousands of Americans expressed their opposition to out-of-control government spending by participating in hundreds of TEA party protests around the country on Tax Day. The national media responded by ignoring, dismissing, or blatantly ridiculing the protests. There was no mention of the TEA parties the next day on the front pages of the Washington Post or New York Times, even though the Times found space on its front page for a story about protests in Afghanistan. In contrast, the media covered liberal protests during President Bush's term frequently--and without criticism. A Washington Times editorial argued that the media's handling of the TEA party protests went a step beyond bias. ``Forget media bias,'' the Times wrote. ``The liberal press judges stories before investigating them. That's prejudice.'' Whether it's due to bias or prejudice, the national media failed to cover Americans' widespread resistance to big government. And that's the real story.

Mr. SMITH of Texas

Mr. SMITH of Texas. Madam Speaker, network news programs gave President Obama over three times more coverage than President Bush at the same time in their presidencies, according to a new study by George Mason and Chapman Universities. During President Obama's first 50 days in office, the three network evening news programs devoted over 1,000 stories lasting almost 28 hours to President Obama--about half of their entire newscasts. By contrast, President Bush received less than 8 hours of network news coverage at the same point in his Presidency, less than one-third as much. There is no reason to think the first 100 days are any different. Furthermore, 58 percent of all network news evaluations of President Obama and his policies were favorable while only 33 percent of evaluations of President Bush were favorable. These numbers aren't even close. Americans need the media to report the news objectively; not act as a shill for a Democratic President.