Lamar Smith

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I thank the full Committee on the Judiciary chairman for yielding me this time. I want to say first of all that this is a good bill. It is an improvement over other bills that have either been introduced or considered on either side of the Capitol, and I hope all our colleagues will take the opportunity to vote for corporate responsibility by supporting this legislation. Mr. Speaker, in the wake of the recent scandals involving such companies as Enron, WorldCom, Global Crossing, Arthur Andersen, and Tyco, we should reform our laws to restore confidence in our markets and hold accountable those corporations and their executives who have defrauded investors and harmed the American economic system. H.R. 5118, the Corporate Fraud Accountability Act of 2002, will punish corporate wrongdoing and punish those who would tarnish the integrity and reputation of all corporate America. And I might say that the vast majority of individuals, the vast majority of companies, of business owners, of the heads of corporations are hard working and honest. The dishonest represent just a small fraction of the whole. Mr. Speaker, we need to remind some of our colleagues that this bill does in fact increase the penalties for mail and wire fraud from 5 years to 20 years and creates a new securities fraud section that carries a maximum penalty of 25 years. It also strengthens laws that criminalize document shredding and other forms of obstruction of justice and provides a maximum penalty of 20 years for such violations. It also grants emergency authority to the U.S. Sentencing Commission to promulgate guidelines that reflect the serious nature of securities pension and accounting fraud. The legislation closes loopholes by which corporate officers can use bankruptcy laws to discharge liabilities based on securities fraud. And it requires top corporate executives to certify that the financial statements of the company fairly and accurately represent the financial condition of the company. Violating this section can subject corporate executives to fines up to $5 million and 20 years in prison. Mr. Speaker, this bill provides additional tools to prosecutors to prosecute wrongdoing by corporate criminals who attempt and conspire to violate the law. This is a good piece of legislation; it should be supported by all Members who want to restore corporate responsibility to America.

Mr. SMITH of Texas. Mr. Speaker, will the gentleman yield?

Mr. SMITH of Texas. Mr. Speaker, if the gentleman will continue to yield, there is a joint hearing by two subcommittees of the Committee on the Judiciary.

Mr. SMITH of Texas. Mr. Speaker, as I understand it, there is a hearing scheduled on the gentleman's legislation this Friday.

Mr. SMITH of Texas. I would say to the gentleman that that is on a different piece of legislation.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I thank the chairman of the Committee on the Judiciary for yielding me this time. Mr. Speaker, many people think of cybercrime simply as a form of vandalism involving hacking or planting viruses. Cybercrime is much more than this. It can devastate our businesses, economy and national infrastructure. Cybercrime also includes child pornography, which terrorizes our children and our families. Criminals use computer technology to steal life savings and the identities of unsuspecting individuals. These attacks threaten the lives and the livelihoods of many innocent victims. Mr. Speaker, a crime is still a crime, whether it occurs on the Internet or on the street. We are in a war against terrorism. According to a recent newspaper article, ``Unsettling signs of al Qaeda's aims and skills in cyberspace have led some government experts to conclude that terrorists are at the threshold of using the Internet as a direct instrument of bloodshed.'' The article stated, ``Most significantly, perhaps, U.S. investigators have found evidence in the logs that mark a browser's path through the Internet that al Qaeda operators spent time on sites that offer software and programming instructions for the digital switches that run power, water, transport and communication grids.'' Cybercrimes and cybercriminals know no borders. As long as there is technology, cybercrime will exist. We must improve our Nation's cybersecurity and strengthen our criminal laws to prevent, deter and respond to such attacks. This legislation, H.R. 3482, the Cyber Security Enhancement Act of 2002, increases penalties to better reflect the seriousness of cybercrime, enhances Federal, State and local law enforcement efforts through better coordination, and assists State and local law enforcement officials through better grant management, accountability and dissemination of technical advice and information. The Information Technology Association of America stated that the bill is important for strengthening guidelines on sentencing people who are convicted of cybercrimes. The Information Technology Industry Council concluded that the bill will remove obstacles to information-sharing between the public and private sectors to strengthen Internet security. Mr. Speaker, we must protect our Nation and our economy from the growing threat of cyberattacks. Penalties and law enforcement capabilities must be able to prevent and deter cybercriminals. Until we secure our cyberinfrastructure, a few keystrokes and an Internet connection is all one needs to disable the economy or endanger lives. A mouse can be just as dangerous as a bullet or a bomb. That is why I urge my colleagues to support this legislation.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, today is world Anti-Counterfeiting day. Countries around the globe will highlight the growing problem of counterfeiting and the efforts by law enforcement and private industry to combat intellectual property theft. Today I introduced a bill to address counterfeiting and copyright piracy. The Intellectual Property Protection Act will help protect American innovation and creativity. The Intellectual property industry employs 4.3 million Americans, making it one of the largest sectors of the American economy--and a sector threatened everyday by copyright piracy. Copyright piracy is illegal and puts Americans at risk of losing not just their jobs and economic well-being, but their safety, as well. The profits seized by these criminals are often used to fund other illegal activities, including terrorism. News stories have revealed that terrorist organizations receive hundreds of millions of dollars through pirate operations. For example, police in Argentina and Paraguay uncovered a pirate CD business that has used its profits to underwrite terrorist activities for Hezbollah. The more we crack down on piracy, the more we dry up financial resources for terrorist operations. Under current law, we can prosecute someone for trafficking in fake labels for a computer program, but we cannot prosecute someone for faking the hologram used by the software maker to verify that the software is genuine. For instance, if a person manufactures fake covers for counterfeit CDs, he or she can be prosecuted. However, if that same person creates fake holograms to make buyers believe that the CDs are authentic, there is no recourse. We have criminalized trafficking in counterfeit documentation and packing of software programs, but not music and other products. The Intellectual Property Protection Act will criminalize the counterfeiting of authentication features, like holograms. In addition, the bill will expand criminal law, which currently only criminalizes trafficking in counterfeit documentation and packaging for software programs, to include documentation and packaging for music, motion pictures, and other audiovisual works. This bill also will provide relief for victims of intellectual property crimes. Many of these crimes go unprosecuted today, leaving victims of these thefts without a way to recover their losses. Last year, the retail software industry lost $1.8 billion and the business software industry lost $11 billion in revenue because of piracy. The motion picture industry lost $3 billion in potential worldwide revenue and the recording industry lost $4.3 billion worldwide due to piracy. These are staggering figures--especially considering there is no way to recover this lost revenue. The legislation provides a private cause of action with a 3-year statute of limitations for victims to recover damages in federal court. In addition, if a person violates the anti-counterfeiting laws a second time within three years, treble damages will be available. We must protect and encourage American originality and innovation. This bill goes a long way towards doing that.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, the Ninth Circuit Court of Appeals ruling yesterday treats the reference of God as one would treat profanity. Religious references in public discourse are wrongly under attack. The Constitution guarantees us that government will not `establish' a religion, but it also provides every American--even students--the right to freely express their views. We are `one nation under God' and we have the right to say it. I urge my colleagues to support this resolution.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I support this legislation because it provides a prescription drug benefit to all seniors using Medicare. In these items of escalating prescription drug prices, it is essential that seniors have access to affordable drugs to meet their medical needs. The best way to accomplish this goal is to lower the costs of prescription drugs, ensure that all seniors have prescription drug coverage and increase choices of coverage plans. Patients who live in rural areas and communities deserve the same access to physicians as their urban counterparts. As a member of the Rural Health Care Caucus, I am pleased that this bill addresses inequities between payments made to rural and urban hospitals, wage adjustments for physicians in rural areas and funding for health care organizations. Not only does this legislation help consumers of prescription drugs, but it also recognizes the importance of pharmacists in providing prescription drugs, helps states cover their Medicare costs and enhances employer-sponsored health care benefits for retirees. My Democratic colleagues have proposed a bill that costs over $800 billion and sunsets after ten years. But what happens after ten years? This bill is a common sense, realistic approach that provides permanent coverage for seniors at a sensible cost. It gives special attention to the needs of low-income seniors and those facing exorbitant costs due to catastrophic illness.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Chairman, I thank the chairman of the Committee on the Judiciary, the gentleman from Wisconsin (Mr. Sensenbrenner), for yielding me this time. Mr. Chairman, H.R. 4598, the Homeland Security Information Sharing Act, was approved by the Subcommittee on Crime, Terrorism and Homeland Security on June 4 and by the full Committee on the Judiciary on June 13. This bipartisan bill was introduced by the gentleman from Georgia (Mr. Chambliss), the chairman of the Subcommittee on Terrorism and Homeland Security of the House Permanent Select Committee on Intelligence, and the gentlewoman from California (Ms. Harman), the ranking member of that subcommittee. This bill does not mandate the sharing of information but rather removes the barriers for doing so. The discretion will still remain with the Federal entity that possesses the information. This bill as amended and reported out of the Committee on the Judiciary focuses on procedures to strip out classified information so that State and local officials may receive the information without clearances. The bill also removes the barriers for State and local officials that prevent them from sharing intelligence information with Federal officials. The September 11 terrorist attacks made it clear that the Federal Government must improve its ability to collect, share and analyze information. The USA PATRIOT Act and this bill address that pressing need. Mr. Chairman, America must have a comprehensive information exchange system that will allow those on the front line, our State and local officials, to detect and prevent a terrorist attack. H.R. 4598 helps to create just that system.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, first of all, I thank the chairman of the Committee on the Judiciary for yielding me this time. Mr. Speaker, H.R. 4623, the Child Obscenity and Pornography Prevention Act of 2002, is a bipartisan piece of legislation that was passed by the Committee on the Judiciary 22 to 3. Because I see him on the floor, I would especially like to thank the gentleman from California (Mr. Schiff) for his contributions to this bill as well. Mr. Speaker, H.R. 2623 responds to the Ashcroft v. Free Speech Coalition Supreme Court decision. This decision will have a devastating effect on the prosecution of child pornographers who are so often child molesters as well. Just this month, a doctor in San Antonio appealed his conviction for possessing child pornography. The appeal came after the Free Speech Coalition decision and challenged the conviction because the government was not required to prove that the children depicted in his pornographic images obtained on-line were real. The San Antonio Express-News reported that these appeals are occurring nationwide. Mr. Speaker, this legislation addresses the concerns of the Supreme Court. Specifically, this bill narrows the definition of child pornography and amends the obscenity laws to address virtual and real child pornography that involves visual depictions of pre-pubescent children. It also creates new offenses against providing children obscene or pornographic material. The Court was concerned in Free Speech Coalition that the breadth of the language would prohibit legitimate movies like ``Traffic'' or plays like ``Romeo and Juliet.'' Limiting the definition to computer images or computer-generated images will help exclude ordinary motion pictures from the coverage of ``virtual child pornography.'' Next, the bill narrows the definition by replacing the phrase ``appears to be'' with the phrase ``is indistinguishable from'' and clarifies that this definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults. At the request of the National Center for Missing and Exploited Children, this bill allows the Federally-funded Internet Crimes Against Children Task Forces to receive reports from the Cyber Tipline. These task forces are State and local police agencies that have been identified by the National Center as competent to investigate and prosecute computer-facilitated crimes against children. Mr. Speaker, finally, in response to a new website that displays pictures of children being raped and sodomized by adults, where the pictures are clearly virtual, but obscene, this bill includes a provision that would enhance the penalties for such obscenity. Mr. Speaker, children are the most innocent and vulnerable among us. We should do everything we possibly can to protect them, and that is why I hope my colleagues will support this piece of legislation.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, we all need to thank the chairman the Committee of the Judiciary for introducing H.R. 4477, the Sex Tourism Prohibition Improvement Act of 2002. This legislation amends the Federal criminal code to strengthen our laws against those who travel or those who arrange such travel into and out of the United States for the purpose of sexually exploiting children. Each year more than one million children worldwide are forced into child prostitution, trafficked and sold for sexual purposes or used in child pornography. This world sex market is a multi-billion dollar industry that denies children their rights, their dignity, and their childhood. Children in developing countries are vulnerable to this sexual exploitation due to a number of factors, including poverty, social dislocation, family breakdown, and homelessness. In some cases, children seek out customers for economic survival. These circumstances could not change the fact that sex with children is morally reprehensible and widely condemned. Mr. Speaker, this legislation will send a message to those who go to foreign countries to exploit children that no one can abuse a child with impunity, no matter where the offense is committed. Under current law, the intent to engage in sexual acts with a minor in a foreign country must be formed prior to traveling. Such intent is often difficult to prove without direct arrangements booked through obvious child sex-tour networks. This legislation will allow the government to prosecute individuals who travel to foreign countries and engage in illicit sexual conduct with a minor regardless of where the intent to do so was formed. Mr. Speaker, Congress can help reduce the number of children abused and exploited by passing this legislation today.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I want to thank the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman of the Committee on the Judiciary, for yielding me time. Mr. Speaker, H.R. 4679, The Lifetime Consequences for Sex Offenders Act of 2002, was introduced by the gentleman from Pennsylvania (Mr. Gekas) and allows Federal judges to include, as part of the sentence of a convicted sex offender, a term of supervised release for any period of time. The court can end the term of supervised release and discharge the defendant at any time after 1 year if the court is satisfied that such action is warranted by the conduct of the defendant and serves the interest of justice. Studies have shown that sex offenders are four times more likely than other violent criminals to recommit their crimes. Moreover, recidivism rates do not appreciably decline as the offender ages. According to the United States Department of Justice's Bureau of Justice Statistics, since 1980 the number of prisoners sentenced for violent sexual assault other than rape has increased 15 percent each year, faster than any other category of violent crime. National data also indicates that sex offenders are apprehended for only a fraction of the crimes they actually commit. In fact, in some estimates only one in five serious sex offenses are reported to authorities and only 3 percent of such crimes result in the apprehension of an offender. By passing this legislation, we will give judges the discretion necessary to impose a term of supervised release that is appropriate for each defendant. Authorities will be able to monitor those sex offenders who pose the greatest threat to our society for as long as the court feels they are a danger to society. Mr. Speaker, there is nothing mandatory about this bill. If a judge decides that supervision is not necessary, then there is no requirement to impose any term of supervised release. But it is mandatory that Congress pass this legislation if we are to deter criminals from committing these terrifying crimes.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Chairman, I support this legislation to increase the National Science Foundation budget by 15 percent for next year. This bill will put us on the path to double the NSF budget over the next 5 years. Science inspires us to conquer the unknown, invent what does not exist, and improve what already exists. It all begins with research. President Bush's budget proposal recognized the importance of science funding with a 9 percent increase in science and technology spending. That is the good news. But among the various science agencies, the increases in amounts varied greatly. The National Institutes of Health, NIH, received the lion's share of funding under the administration's proposal. The NIH budget has increased to a point where it is now larger than the rest of the budgets of the science agencies put together, and the proposed increase alone in NIH funding is larger than the research budget of the National Science Foundation. Biomedical research is important and the NIH should receive adequate funding. The administration's proposed budget rightly recognized the importance of our physical health. But, Mr. Chairman, our citizens' economic health is just as important as their physical health. The NSF funds the cutting edge research that allows the U.S. to dominate the high technology field. Our commitment to the funding in the bill ensures that our technological preeminence will continue. Scientific research at the NSF has greatly enhanced our lives and has advanced science and technology. Consider the benefits of better weather forecasting, the saved lives that result from MRIs, the promise of faster semiconductors, and breakthroughs in nanotechnology that will drive our scientific efforts in the new century. Mr. Chairman, H.R. 4664 improves the quality of math and science education with $200 million in funding for the Math and Science Partnerships Initiative, which encourages more students to enter graduate level science studies. In our technology-driven economy, math and science skills are essential. If we want to prepare the next generation with the skills they need for success, we must increase their knowledge of science. Either we continue to invest in the sciences, or risk losing the ability to lead the world in research. This legislation recognizes the priority of research and development, and I urge my colleagues to support it.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, first of all, I would like to thank the chairman of the Committee on Energy and Commerce for yielding me time and for his great work on this legislation. Mr. Speaker, in the wake of the terrorist attacks of September 11 and the subsequent anthrax-laced mail, bioterrorism has become a very real threat to the American people. The Bioterrorism Preparedness Act of 2002 addresses such threats by improving the ability of the United States to respond to and prevent biological attacks. This conference report requires coordination among agencies that regulate biological agents and toxins that pose a threat to human health. The Department of Health and Human Services, which has primary responsibility for public health issues, and the Department of Agriculture, which has primary responsibility for animal and plant health, are required to develop a coordinated strategy. An important provision of this conference bill focuses on enhancing controls of dangerous biological agents and toxins by requiring registration of all persons who possess, use or transfer them. The legislation directs the Secretary of Health and Human Services and the Secretary of Agriculture to develop specific security measures for personnel and facilities that handle these dangerous substances. In addition, the conference report provides criminal penalties for possession of these agents without registration and for their transfer to unregistered persons or facilities. Mr. Speaker, these are very important additions to the laws already put in place by the USA PATRIOT Act.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, first of all, I would like to thank the chairman of the Committee on the Judiciary for yielding me time. Mr. Speaker, it is very appropriate that the House is considering H.R. 1877, the Child Sex Crimes Wiretapping Act of 2002, before May 25, the National Missing Children's Day. This bill will provide law enforcement officials with the tools they need to prevent or punish sexual exploitation of children. Federal law authorizes the use of wiretaps to stop some sex crimes against children, but not others. This is clearly a gap in our current law. The interception of oral communications through wiretaps significantly enhances investigations and can prevent children from being harmed. This bill authorizes wiretaps to investigate the selling and buying of children for sexual exploitation, child pornography, coercing and enticing children into prostitution, and the transportation of minors to engage in sexual activity. These are serious crimes that require a serious response. With 24 million children surfing the Internet, child molesters have easy access to a large number of potential victims. The American Medical Association released a study last summer that surveyed children who regularly used the Internet. The study found nearly one in five children surveyed received an unwanted sexual solicitation online just in the last year. Technology is making it more and more difficult for law enforcement officials to protect our children from pedophiles. This is why we need to authorize the use of wiretaps by law enforcement officials to fight this growing threat against our children. Wiretaps will significantly enhance law enforcement capabilities to prevent the sexual exploitation of children. This is the goal of H.R. 1877. Mr. Speaker, I support the bill, and urge my colleagues to do the same. Mr. Speaker, let me reassure the few of my colleagues who might have concerns about this bill. This bill does create new wiretap predicates. But those crimes will be treated like any other wiretap predicate. This in no way changes the strict limitations on how and when wiretaps may be used. Congress enacted Title III of the Omnibus Crime Control and Safe Streets Act of 1968 that outlines what is and is not permissible with regard to wiretapping and electronic eavesdropping. Title III restrictions go beyond Fourth Amendment constitutional protections and include a statutory suppression rule to exclude evidence that was collected in violation of Title III. Except under limited circumstances, it is unlawful to intercept oral, wire and electronic communications. Accordingly under the Act, Federal and state law enforcement may use wiretaps and electronic surveillance under strict limitations. Congress created these procedures to allow limited law enforcement access to private communications and communication records for investigations while protecting Fourth Amendment rights. In addition to these restrictions, Congress has only provided authority to use a wiretap in investigations of specifically enumerated crimes, commonly called ``wiretap predicates.'' H.R. 1877 adds new predicates but does not affect the procedures on wiretap use. Title 18 U.S.C. Sec. 2516 requires that the Department of Justice authorize all applications for Federal wiretaps and the principal prosecuting attorney of any state or any political subdivision must apply for wiretaps by state law enforcement officials. Title 18 U.S.C. Sec. 2518 also sets strict procedures for the use of a wiretap. Section 2518(1) requires the application to be made under written oath or affirmation to a judge of competent jurisdiction. Section 2518(1)(b) requires that the application set forth ``a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued. . . .'' These facts should include, among other things, the details ``as to the particular offense that has been, is being, or is about to be committed'' and ``the identity of the person, if known, committing the offense and whose communications are to be intercepted.'' Section 2518(3) also includes requirements that the Judge believe (1) ``there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of [title 18];'' (2) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception; and (3) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous. Additionally, law enforcement is required ``to minimize the interception of communications not otherwise subject to interception [that is non-criminal conversations] under this chapter, and must terminate upon attainment of the authorized objective.'' The Department of Justice's U.S. Attorney's Manual--Title 9 of the Criminal Resource Manual provides the minimization requirements to obtain a court order. The affidavit ``must contain a statement affirming that monitoring agents will minimize all non-pertinent interceptions in accordance with Chapter 119 of Title 18, United States Code, as well as additional standard minimization language and other language addressing any specific minimization problems (e.g., steps to be taken to avoid the interception of privileged communications, such as attorney-client communications) in the instant case. (18 U.S.C. Sec. 2518(5) permits non-officer government personnel or individuals acting under contract with the government to monitor conversations pursuant to the interception order. These individuals must be acting under the supervision of an investigative or law enforcement officer when monitoring communications, and the affidavit should note the fact that these individuals will be used as monitors pursuant to 18 U.S.C. Sec. 2518(5).)''

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, this week is National Small Business Week. It is a time to celebrate the contributions that America's small businesses make to our economy. Small business is the engine that drives this nation, producing 75 percent of new jobs, accounting for almost 98 percent of all employers and 53 percent of the private work force. It is our small businesses that will continue to lead us to economic recovery. In particular, small tech businesses are on the front lines of the digital revolution. They have led the way in advances from broadband deployment to software development. My state of Texas ranks second nationally in high tech workers, employing more than 411,000 with an annual payroll of about $25 billion. Many of those employees are working for small businesses. And my new congressional district contains thousands of small, innovative high tech centered businesses. One such company is SecureInfo in San Antonio. SecureInfo was founded in 1994 and has 64 employees. SecureInfo allows companies and government agencies to learn about and fix their existing cyber vulnerabilities before they can be exploited by hackers. Exploiting known vulnerabilities is the weapon of choice for cyber terrorists. SecureInfo battles these electronic attackers with vulnerability intelligence methods that were developed while its founders were working for the United States Air Force Emergency Response Team. SecureInfo is just one of the thousands of small technology businesses around the country connecting rural America, developing next generation hardware and software, protecting our electronic assets and keeping America on the forefront of technological advances.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, this week is National Small Business Week. It is a time to celebrate the contributions that America's small businesses make to our economy. Small business is the engine that drives this Nation, producing 75 percent of new jobs, accounting for almost 98 percent of all employers and 53 percent of the private work force. It is our small businesses that will continue to lead us to economic recovery. In particular, small tech businesses are on the front lines of the digital revolution. They have led the way in advances from broadband deployment to software development. My state of Texas ranks second nationally in high tech workers, employing more than 411,000 with an annual payroll of about $25 billion. Many of those employees are working for small businesses. And my new congressional district contains thou-sands of small, innovative high tech centered businesses. One such company is Security Broadband in Austin. Security Broadband was founded in 1999 and already has over 100 employees. Security Broadband uses real-time audio and video via highspeed cable Internet to provide security for homes. If there's an emergency, the Security Broadband system sends audio and video signals to a central monitoring station. Personnel use this information to help verify whether an actual emergency exists. With 95 percent of home alarm incidents not genuine, law enforcement officials spend a large amount of time responding to false alarms. In case of an actual emergency, audio and video capability provides information that can help make the scene safer for responding officers. Customers also can view their homes and see and talk with family via the Internet when away from home. Security Broadband is just one of the thousands of small technology businesses around the country connecting rural America, developing next generation hardware and software, and keeping America on the forefront of technological advances.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, this week is National Small Business Week. It is a time to celebrate the contributions that America's small businesses make to our economy. Small business is the engine that drives this nation, producing 75 percent of new jobs, accounting for almost 98 percent of all employers and 53 percent of the private work force. It is our small businesses that will continue to lead us to economic recovery. In particular, small tech businesses are on the front lines of the digital revolution. They have led the way in advances from broadband deployment to software development. My State of Texas ranks second nationally in high tech workers, employing more than 411,000 with an annual payroll of about $25 billion. Many of those employees are working for small businesses. And my new congressional district contains thousands of small, innovative high tech centered businesses. One such company is Advent Networks in Austin. Advent was founded in 1999 and has already 87 employees. Advent Networks has created a new technology for cable operators. They are able to deliver Internet connections to small businesses over existing cable networks. This will allow cable operators the ability to offer fiber-optic speeds to small businesses. With this new technology, affordable broadband access to small businesses will be delivered 1,000 times faster than with dial-up connections. Advent is just one of the thousands of small technology businesses around the country connecting rural America, developing next generation hardware and software, and keeping America in the forefront of technological advances.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Chairman, the Barbara Jordan INS Immigration Reform and Accountability Act, which is supported by the Administration, provides a long-awaited solution to the problems within the INS. At the end of 2001, the INS had a backlog of 4.9 million applications and petitions. With those numbers, no one should be surprised at the recent mishandling of terrorist visas. In fact, if the INS had been following their own policies, Mohammed Atta would have never been allowed even to enter the United States. For years INS officials have promised reform--but have given us only talk with no action. This bill will provide that much-needed action. H.R. 3231 will abolish the INS and replace it with two agencies--one to handle security and one to handle services. This will not only give immigration security the attention it deserves, but also will improve the quality of services provided to immigrants. No longer will we hear of cases where an immigrant waited in line for 2 days to get a form and was never told that they could obtain it by simply calling a 1-800 number. No longer will we have student visas approved six months after the fact for the very terrorists who attacked our nation. No longer will we have criminal aliens mistakenly or intentionally released. We must act before it's too late. Ensuring we have an effective immigration system is vital to our homeland defense. We must pass this bill today. I urge my colleagues to support this legislation.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Chairman, I thank the gentleman from Virginia for yielding me time. Mr. Chairman, I support H.R. 3925, the Digital Tech Corps Act. This bill provides a creative solution to a looming problem involving the Federal Government and the private sector, and I think we all should express our appreciation to the gentleman from Virginia (Mr. Tom Davis) for offering this bill. Congress has provided the resources for law enforcement and other government entities to improve their technology. We have also updated criminal laws to reflect new technology. This bill goes further to provide an incentive to promote the development of expertise in information technology management among Federal workforce personnel. Mr. Chairman, the GAO has found that the Federal Government faces a substantial shortage of high-tech workers. In fact, 50 percent of the government's technology workforce is eligible to retire by the year 2006. This bill addresses the shortage by creating an employee exchange program between the Federal Government and the private sector. This will allow government employees to receive intensive on-the-job training at companies dealing with high-tech issues. The experience they gain can then be brought back to work for the government. Conversely, this bill will also give private sector employees the opportunity to gain valuable training at the government. Their understanding of government operations can then be brought back to their private sector companies. Mr. Chairman, information technology is essential to our national security, law enforcement efforts, and our economy. This exchange program will expose Federal employees to more leading-edge information technology and make Federal service more attractive. I encourage my colleagues to support this legislation and once again thank my colleague, the gentleman from Virginia (Mr. Tom Davis), for offering it.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Chairman, I thank the gentleman from Wisconsin, the chairman of the Committee on the Judiciary, for yielding me this time, and I strongly support H.R. 2146, the Two Strikes and You're Out Child Protection Act, introduced by the gentleman from Wisconsin (Mr. Green). This bill will amend the Federal Criminal Code to provide for mandatory life imprisonment of a person convicted of a Federal sex offense in which a minor is the victim, when the person has previously been convicted of a State or Federal child sex offense. This is important legislation that will protect our children from sexual predators. Studies have shown that sex offenders and child molesters are four times more likely than other violent criminals to recommit their crimes. Even more disturbing is the number of victims the average pedophile abuses in a lifetime. While any criminal's subsequent offense is of public concern, preventing child sexual predators from repeating crimes is particularly important, given the irrefutable harm that these offenses cause victims and the fear they generate in the community. Sexual assault is a terrifying crime that can leave its victims with physical, emotional, and psychological scars. Mr. Chairman, this legislation will provide law enforcement officials with the ability to permanently remove those individuals from our society, who have demonstrated that they will continue to prey upon our children if not incarcerated. Based upon the testimony before the Subcommittee on Crime, this bill enjoys broad support from victims' rights organizations, correction officials, as well as those who suffer from sex offenders' actions. Mr. Chairman, I urge my colleagues to support this legislation.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Speaker, I thank the gentlewoman from the Committee on Rules for yielding me this time. Mr. Speaker, I strongly support H.R. 2341, the Class Action Fairness Act of 2002. The current class action system makes it too easy for attorneys to bring suit not for the benefit and well-being of class members, but for the attorneys' own monetary gain. For instance, when attorneys sued Southwestern Bell, which is a constituent firm, alleging misrepresentation of service plans, they made $4 million in fees while the class members received only a $15 credit. A suit brought against Oracle sought no damages, but resulted in $750,000 in attorneys' fees and nothing for the plaintiffs. Unfortunately, these examples are not uncommon. Congress should not stand by while lawyers shop around the country for a judge who will render a favorable verdict. This bill will give Federal courts jurisdiction over cases that involve aggregate claims of at least $2 million and a plaintiff and defendant from different States. It also creates a class action bill of rights that will require settlement notices to be written in plain English, prevent disproportionate attorneys' fees from being awarded, and protect consumers from actually losing money when there is a verdict in their favor. Mr. Speaker, we must not let a few lawyers get rich at the expense of working families. I urge my colleagues to support this bill. I thank the gentleman from Virginia (Mr. Goodlatte) for offering this bill.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Chairman, I support this bill as I expect it to be amended. Mr. Speaker, this bill as I expect it to be amended will create new job opportunities and is a step towards ensuring that all Americans have access to broadband. The New Millennium Research Council study found that building a nationwide broadband network would create 1.2 million jobs. In addition, it would ensure competition between cable and telephone companies, which will not only spur job growth, but also encourage the innovation of new Internet services and products. We must focus on encouraging economic growth, both to help working Americans and to help the high tech sector. U.S. businesses waste $11 billion annually because employees access the Web through slow dialup modems. Increasing broadband access will significantly increase efficiency and productivity in the workplace. This is especially important to the high tech sector, which drives our economy. Increasing its capabilities will benefit the entire country. Only 9% of U.S. households currently have broadband Internet access. This bill will ensure that more Americans are able to use this technology. Broadband holds the key to the newest technologies. Once broadband is widely available, we will have access to innovative multimedia, video and interactive services that today's Internet simply can't support. As Microsoft Chairman Bill Gates put it, the lack of broadband deployment is ``the one thing holding us back.'' This bill also ensures that rural communities will not be left behind. We must close the digital divide with broadband, and not relegate rural communities to the wrong side of an ever-widening information gap. Everyone should have the opportunity to access the most advanced technology. The United States has been a consistent leader in developing technology. If we want to maintain this leadership role, we must encourage the deployment of technology that benefits all of us. Technology is the key to our future.

Mr. SMITH of Texas

Mr. SMITH of Texas. Mr. Chairman, I thank the gentlewoman from Maryland and my colleague for yielding me this time. Mr. Chairman, I support this legislation that increases the cybersecurity networks at our universities, businesses, and national laboratories. The facts speak for themselves. Last month, the CERT Coordination Center operated by Carnegie Mellon University reported that breaches in security of computer systems more than doubled from the year 2000 to 2001: 52,000 incidents were reported in 2001, up from 22,000 the year before. By comparison, in 1995, the number of incidents reported was only 2,400. Last spring, the Subcommittee on Crime, of the Committee on the Judiciary, that I chair, held a series of hearings on cybercrime. We heard testimony from local, State, and Federal officials, as well as individuals from the private sector. A common theme emerged: the demand for highly-trained and skilled personnel to investigate computer crimes is tremendous. This problem is compounded by the rapid advances in technology which make continual training an absolute necessity. In this new age we must have training both for a new generation of cyberwarriors, whose most important weapon is not a gun but a laptop, and for private sector companies who must continually protect their Internet presence. This bill seeks to expand what many States and cities are already doing: investing in cybersecurity training initiatives. Mr. Chairman, in my hometown, the University of Texas at San Antonio has established the Center for Information Assurance and Security, CIAS. The CIAS will be the hub of a city initiative to research, develop, and address computer protection mechanisms to prevent and detect intrusions of computer networks. This collaborative effort of CIAS brings together the best and brightest from the public sector, such as the Air Force Information Warfare Center, Air Intelligence Agency, and the FBI. The private sector, with such cybersecurity companies as Ball Aerospace, Digital Defense, SecureLogix, SecureInfo, and Symantec, also are contributing to this effort. With funding provided in this bill, UTSA and dozens of other universities will be able to train the next generation of cyberwarriors, cyberdefenders, and what we call ``white hat netizens.'' This legislation supports the work at UTSA and other universities for students who want to pursue computer security studies. While the benefits of the digital age are obvious, the Internet also has fostered an environment where hackers retrieve private data for amusement, individuals distribute software illegally, and viruses circulate with the sole purpose of debilitating computers. Mr. Chairman, a well-trained and highly skilled force of cyberprotectors is urgently needed, and I hope my colleagues will support this bill.