Gordon Smith

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. On August 9, 2005, two men were walking near 18th Street in New York, NY, when they were attacked by two other men. The apparent motivation for the attack were the victims sexual orientation. According to police, the two men made numerous antigay comments as they passed before hitting one of the gay men in the face. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that are born out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. On July 4, 2005, Carl Zablonthy was punched in the face and knocked unconscious by two men in South Beach, FL. The apparent motivation for the attack was Zablonthy's sexual orientation. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that are born out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. On August 31, 2005, Jenifer Royer was punched by a man outside a Fayetteville, AR restaurant. The apparent motivation for the attack was over Royer's sexual orientation. Royer suffered both a black eye and a broken nose during the incident, according to police. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that are born out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. On February 27, 2004, James Maestas and Joshua Stockham received extensive physical injuries by a group of men after a confrontation at a restaurant in Santa Fe, NM. The apparent motivation for the beating was that they were a gay couple. Maestas, who spent more than a week in intensive care, had to undergo extensive physical and speech therapy, according to the district attorney. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that are born out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. On August 15, 2004, Joel Robles was stabbed 20 times in Fresno, CA. The apparent motivation for the stabbing was that he was a transgendered woman. Robles' body was later found inside his apartment where he had died, according to police. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that are born out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise on the floor today to express my thanks and appreciation to Dr. Kent Ames, who today completes his fellowship in my office, after 9 months of dedicated work with me, my staff, and my constituents in Oregon. Dr. Ames is a distinguished member of two occupations: veterinary medicine and higher education. He was selected by the Association of American Veterinary Medical Colleges as the North American Outstanding Teacher in 1995. In 2001, Kent served as president of the American Association of Bovine Practitioners. Kent's fellowship in my office was sponsored by the American Association for the Advancement of Science. During his time here in Washington, DC, Kent has provided a unique scientific perspective on a notable array of policy issues across the spectrum. In the Commerce Committee, he has worked on nanoscience, NASA authorization and the confirmation of the current NASA Administrator. It is thus only fitting that the last week of Kent's fellowship coincided with the successful launch of Shuttle Discovery. Kent's passions seem to be sparked most when politics and science converge. There is no better arena to experience this than in natural resources, especially if one is a veterinarian. In a short time period, Kent has lent his scientific background and outlook to issues such as mad cow disease and international beef trade, foodborne disease, biosecurity, wolf reintroduction, and animal treatment. The management of feral horse populations in the West, which significantly affects Oregon, has been of particular interest to Kent. He developed an enthusiastic and widely recognized expertise in the issue, as well as the scientific and ethical implications of varying policy options. More than all of this, however, my staff and I deeply value the friendship we have made with Kent Ames. We will miss his warm character and his stories, and wish him happy trails for the days ahead.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today with Senators Dorgan and Pryor to introduce the ``Universal Service for the 21st Century Act.'' For more than 70 years, the preservation and advancement of universal service has been a fundamental goal of our telecommunications laws. In order to ensure the long term sustainability of the fund and to add support for broadband services that are increasingly important to our Nation's economic development, our bill reforms the system of payments into the universal service fund and creates a $500 million account to bring broadband to unserved areas of the country. The achievements of the universal service fund are undeniable. Affordable telephone services are available in many remote and high cost areas of the country, including Oregon, because of the fund. Large and small telecommunications carriers serve sparsely populated rural communities and schools and libraries receive affordable Internet services because of the fund. The need for a robust and sustainable universal service system certainly remains, but it has become increasingly clear that major reforms are needed if the fund is to meet the evolving communications needs of the American people. In Section 706 of the Telecommunications Act of 1996, Congress directed the Federal Communications Commission, FCC, and the States to encourage deployment of advanced telecommunications services, including broadband, on a reasonable and timely basis. Earlier this month, the FCC released data on broadband connections that shows significant gains, in deployment. According to the report, there were nearly 29 million broadband connections throughout the country in 2004. But we can do more. Although there have been well documented successes in the deployment of broadband services in many parts of the country, others remain unserved, whether due to geography, low population density or other reasons. These largely rural areas deserve the benefits of an advanced communications infrastructure and increasingly need that infrastructure to build and maintain robust economies. Accordingly, to meet the needs of these communities, we have created a $500 million ``Broadband for Unserved Areas Account'' within the universal service fund that will be used solely for the deployment of broadband networks in unserved areas. This funding will be awarded competitively based on merit to a single broadband provider in each unserved area. The FCC will establish the guidelines for this new account. All technologies will be eligible for funding. The bill also directs the FCC to update its definition of broadband to ensure that our communications policies are forward-looking and competitive with the speeds and capabilities available in other industrialized countries. The FCC will revisit its definition annually and will prepare reports for Congress regarding gains in broadband penetration in unserved areas and the need for an increase or decrease in funding. In addition, the bill addresses a crisis in the structure of the universal service fund which has threatened its long term viability. Currently, the burden of universal service fund contributions is placed on a limited class of carriers, causing inequities in the system and incentives to avoid contribution. As demands on the fund increase, contributors are being forced to pay more. This tension threatens to cripple the fund. Our bill therefore authorizes and directs the FCC to establish a permanent mechanism to support universal service. By reforming the universal service system and spurring the deployment of broadband services, our legislation will ensure that our Nation's communications infrastructure will continue to grow, and to be the robust and connected network that Americans expect and deserve. I ask that the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today with Senators Dorgan and Pryor to introduce the ``Universal Service for the 21st Century Act.'' For more than 70 years, the preservation and advancement of universal service has been a fundamental goal of our telecommunications laws. In order to ensure the long term sustainability of the fund and to add support for broadband services that are increasingly important to our Nation's economic development, our bill reforms the system of payments into the universal service fund and creates a $500 million account to bring broadband to unserved areas of the country. The achievements of the universal service fund are undeniable. Affordable telephone services are available in many remote and high cost areas of the country, including Oregon, because of the fund. Large and small telecommunications carriers serve sparsely populated rural communities and schools and libraries receive affordable Internet services because of the fund. The need for a robust and sustainable universal service system certainly remains, but it has become increasingly clear that major reforms are needed if the fund is to meet the evolving communications needs of the American people. In Section 706 of the Telecommunications Act of 1996, Congress directed the Federal Communications Commission, FCC, and the States to encourage deployment of advanced telecommunications services, including broadband, on a reasonable and timely basis. Earlier this month, the FCC released data on broadband connections that shows significant gains, in deployment. According to the report, there were nearly 29 million broadband connections throughout the country in 2004. But we can do more. Although there have been well documented successes in the deployment of broadband services in many parts of the country, others remain unserved, whether due to geography, low population density or other reasons. These largely rural areas deserve the benefits of an advanced communications infrastructure and increasingly need that infrastructure to build and maintain robust economies. Accordingly, to meet the needs of these communities, we have created a $500 million ``Broadband for Unserved Areas Account'' within the universal service fund that will be used solely for the deployment of broadband networks in unserved areas. This funding will be awarded competitively based on merit to a single broadband provider in each unserved area. The FCC will establish the guidelines for this new account. All technologies will be eligible for funding. The bill also directs the FCC to update its definition of broadband to ensure that our communications policies are forward-looking and competitive with the speeds and capabilities available in other industrialized countries. The FCC will revisit its definition annually and will prepare reports for Congress regarding gains in broadband penetration in unserved areas and the need for an increase or decrease in funding. In addition, the bill addresses a crisis in the structure of the universal service fund which has threatened its long term viability. Currently, the burden of universal service fund contributions is placed on a limited class of carriers, causing inequities in the system and incentives to avoid contribution. As demands on the fund increase, contributors are being forced to pay more. This tension threatens to cripple the fund. Our bill therefore authorizes and directs the FCC to establish a permanent mechanism to support universal service. By reforming the universal service system and spurring the deployment of broadband services, our legislation will ensure that our Nation's communications infrastructure will continue to grow, and to be the robust and connected network that Americans expect and deserve. I ask that the bill be printed in the Record.

Mr. SMITH. Mr. President, I rise today with Senators McCain, Inouye, and Nelson of Florida to introduce the ``Undertaking Spam, Spyware, and Fraud Enforcement With Enforcers Beyond Borders Act of 2005'' or the ``U.S. SAFE WEB Act of 2005''. The Federal Trade Commission has a constitutionally mandated responsibility to protect the American consumer from all types of fraud and deception. Today, the American consumer is increasingly falling prey to a new type of fraud unknown just a few years ago. The US SAFE WEB Act of 2005 will take the important steps necessary to help combat this disturbing and growing trend. The rise in the use of the internet has provided the American consumer with innumerable benefits. The global market place in which we live knows no borders, and the FTC must be provided with all the tools necessary to fulfill its duty in this type of environment. Using internet and long-distance telephone technology, unscrupulous businesses are increasingly able to victimize consumers in ways not previously imagined. Deceptive spammers can easily hide their identities, forge the electronic path of their email messages, and send messages from anywhere in the world to anyone in the world. These businesses can strike quickly on a global scale, victimize thousands of consumers, and disappear nearly without a trace--along with their ill- gotten gains. There are dangers that come into U.S. homes through some of the harmful online networks, including some peer-to-peer networks, who purposefully locate outside the United States to avoid our Federal laws and put American families at risk. Cross-Border fraud, as it is known, is becoming an increasingly common problem facing the American consumer and the FTC. In 1995, fewer than 1 percent of all consumer fraud complaints received by the FTC were directed at foreign entities. In less than a decade, the percentage had grown to 16 percent. In 2004 alone, the FTC received more than 47,000 complaints by U.S. consumers against foreign companies complaining about transactions involving more that $92 million. In the past three years, over 100,000 consumers logged cross-border fraud complaints with the FTC. Remarkably, these high numbers likely understate the problem. Consumers who reported instances of cross-border fraud only did so when they knew that they were complaining about foreign entities. In many more instances, consumers do not know that their complaints are against foreign entities. Fully one-third of all complaints to the FTC do not reveal the location of the entity being complained about. The Federal Trade Commission also testified at a recent Aging Committee hearing on elder fraud that many sweepstakes and lottery scams originate in Canada, and consumer fraud has become increasingly cross-border in nature. The US SAFE WEB Act helps to address the challenges posed by globalization of fraudulent, deceptive, and unfair practices. Our bill draws on established models for international cooperation pioneered by agencies such as the Securities and Exchange Commission and the Commodities Futures Trading Commission. The FTC faces significant challenges in battling sophisticated cross-border schemes. Just as improved authority to act in cross-border cases gave the SEC and CFTC important new tools to fulfill their missions, enactment of the US SAFE WEB Act would help the FTC fulfill its mission of protecting and assisting U.S. consumers. The Act will substantially improve the FTC's ability to meet the challenges posed by international investigations and litigation. The US SAFE WEB Act will provide the FTC with important new tools in many important areas. The provisions contained within the Act are needed to help the FTC to protect consumers from cross-border fraud and deception, and particularly to fight spam, spyware, and Internet fraud and deception. Among key provisions within the bill are those that broaden reciprocal information sharing, expand investigative cooperation between U.S. and foreign law enforcement agencies, increase information from foreign sources, and enhance the confidentiality of FTC investigations. These provisions are needed to allow the FTC to share important information with foreign agencies so that they can halt fraud, deception, spam, and spyware targeting U.S. citizens, and for the FTC to obtain, reciprocally, foreign information needed to halt these cnmes. Furthermore, this legislation enhances the FTC's ability to obtain consumer redress in cross-border cases. The US SAFE WEB Act would allow the FTC to target more resources toward foreign litigation to facilitate recovery of offshore assets to redress U.S. consumers. In the 108th Congress, Senator McCain and I introduced this legislation and it quickly passed the Senate by unanimous consent. Unfortunately, the bill was not signed into law before Congress adjourned. I urge my colleagues to support quick passage of this very important legislation this year. The American consumer is far too vulnerable to this growing type of fraud and deception. Enactment of the US SAFE WEB Act would help the FTC fulfill its mission of protecting and assisting U.S. consumers. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today with Senators McCain, Inouye, and Nelson of Florida to introduce the ``Undertaking Spam, Spyware, and Fraud Enforcement With Enforcers Beyond Borders Act of 2005'' or the ``U.S. SAFE WEB Act of 2005''. The Federal Trade Commission has a constitutionally mandated responsibility to protect the American consumer from all types of fraud and deception. Today, the American consumer is increasingly falling prey to a new type of fraud unknown just a few years ago. The US SAFE WEB Act of 2005 will take the important steps necessary to help combat this disturbing and growing trend. The rise in the use of the internet has provided the American consumer with innumerable benefits. The global market place in which we live knows no borders, and the FTC must be provided with all the tools necessary to fulfill its duty in this type of environment. Using internet and long-distance telephone technology, unscrupulous businesses are increasingly able to victimize consumers in ways not previously imagined. Deceptive spammers can easily hide their identities, forge the electronic path of their email messages, and send messages from anywhere in the world to anyone in the world. These businesses can strike quickly on a global scale, victimize thousands of consumers, and disappear nearly without a trace--along with their ill- gotten gains. There are dangers that come into U.S. homes through some of the harmful online networks, including some peer-to-peer networks, who purposefully locate outside the United States to avoid our Federal laws and put American families at risk. Cross-Border fraud, as it is known, is becoming an increasingly common problem facing the American consumer and the FTC. In 1995, fewer than 1 percent of all consumer fraud complaints received by the FTC were directed at foreign entities. In less than a decade, the percentage had grown to 16 percent. In 2004 alone, the FTC received more than 47,000 complaints by U.S. consumers against foreign companies complaining about transactions involving more that $92 million. In the past three years, over 100,000 consumers logged cross-border fraud complaints with the FTC. Remarkably, these high numbers likely understate the problem. Consumers who reported instances of cross-border fraud only did so when they knew that they were complaining about foreign entities. In many more instances, consumers do not know that their complaints are against foreign entities. Fully one-third of all complaints to the FTC do not reveal the location of the entity being complained about. The Federal Trade Commission also testified at a recent Aging Committee hearing on elder fraud that many sweepstakes and lottery scams originate in Canada, and consumer fraud has become increasingly cross-border in nature. The US SAFE WEB Act helps to address the challenges posed by globalization of fraudulent, deceptive, and unfair practices. Our bill draws on established models for international cooperation pioneered by agencies such as the Securities and Exchange Commission and the Commodities Futures Trading Commission. The FTC faces significant challenges in battling sophisticated cross-border schemes. Just as improved authority to act in cross-border cases gave the SEC and CFTC important new tools to fulfill their missions, enactment of the US SAFE WEB Act would help the FTC fulfill its mission of protecting and assisting U.S. consumers. The Act will substantially improve the FTC's ability to meet the challenges posed by international investigations and litigation. The US SAFE WEB Act will provide the FTC with important new tools in many important areas. The provisions contained within the Act are needed to help the FTC to protect consumers from cross-border fraud and deception, and particularly to fight spam, spyware, and Internet fraud and deception. Among key provisions within the bill are those that broaden reciprocal information sharing, expand investigative cooperation between U.S. and foreign law enforcement agencies, increase information from foreign sources, and enhance the confidentiality of FTC investigations. These provisions are needed to allow the FTC to share important information with foreign agencies so that they can halt fraud, deception, spam, and spyware targeting U.S. citizens, and for the FTC to obtain, reciprocally, foreign information needed to halt these cnmes. Furthermore, this legislation enhances the FTC's ability to obtain consumer redress in cross-border cases. The US SAFE WEB Act would allow the FTC to target more resources toward foreign litigation to facilitate recovery of offshore assets to redress U.S. consumers. In the 108th Congress, Senator McCain and I introduced this legislation and it quickly passed the Senate by unanimous consent. Unfortunately, the bill was not signed into law before Congress adjourned. I urge my colleagues to support quick passage of this very important legislation this year. The American consumer is far too vulnerable to this growing type of fraud and deception. Enactment of the US SAFE WEB Act would help the FTC fulfill its mission of protecting and assisting U.S. consumers. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, today I am pleased to join my colleague Senator Murray in introducing an important resolution that will recognize November as the ``Global Health Month.'' Every year, 10 million children die from preventable diseases in Third World countries. As many as 6 million of these deaths can be prevented by vaccines, antibiotics, hydration adequate nutrition, and other simple, low-cost interventions. As a long-time champion of helping the most vulnerable populations both here and abroad, I believe it is important to bring this issue to the attention of the American public. We can and must do more to ensure children around the world receive the interventions necessary for survival. I hope my colleagues will join me in support of this resolution.

Mr. SMITH

Mr. SMITH. Mr. President, with respect to the credit for energy efficient appliances, section 1334 of the Energy Policy Act, I understand that the dishwasher credit amount is based on a comparison of changes to the Department of Energy's Energy Star specification for its 2007 qualifying level as compared to the existing Energy Star qualifying level for this product. In particular, the amount of the credit for these products to be provided is determined, in that section, by calculating the percentage increase in efficiency--measured as an ``Energy Factor'' or ``EF''--from the 2005 Energy Star level to the 2007 Energy Star level. The current Energy Star specification for dishwashers is measured by EF. There is the possibility that the Energy Star Program might change the metric for measuring efficiencies of these products from EF to another measurement and this might create confusion in the calculation and implementation of the credit. I would like to ask the bill's manager if it is his understanding that the IRS has the authority, in consultation with DOE, to establish an equivalent level of efficiency for dishwashers in case the Energy Star Program establishes an efficiency metric for these products that is different than the current EF metric.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. Last year, an African-American transgender woman was brutally beaten, raped, and strangled in a San Francisco hotel. The murder is under investigation and anti-transgender bias has been looked into as a motive. I believe that the government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, in Oregon it is estimated that there are 433,000 people living with disabilities, and I am pleased to be here today to represent them by recognizing and honoring the 15th anniversary of the Americans with Disabilities Act. The Americans with Disabilities Act will turn 15 years old tomorrow. This act stands as one of the most successful civil rights laws in our history. This law has opened the doors of schools, polling places, and countless other public facilities to our Nation's disabled population. The law is and will continue to be the platform for millions of Americans to realize our Nation's goals of equality of opportunity, economic self-sufficiency, full participation, and independent living. Fifteen years ago it was often a dream for the 54 million Americans with disabilities to participate in our Nation's daily life. However, the ADA helped these people by removing barriers in employment, transportation, public services, telecommunications, and public accommodations. The act stands as a tribute to the hard work of all of the individuals who brought light to the plight of the disabled before and after this legislation was passed. For years, people with disabilities were viewed as people in need of help rather than contributors to our country. The passage of the ADA finally moved us to change our attitudes and open doors for people with disabilities. In Oregon one of the people who has been truly touched by this act is Vail B. Horton. Vail is the founder and CEO of a company called Keen Mobility. Using his disability as motivation, Vail created his company, Keen Mobility, which develops, produces, and distributes innovative, functional and attractive assistive devices that empower individuals by enhancing mobility, bringing greater independence and providing new opportunities. Vail is also a board member for Providence Child Center for the Medically Fragile Children Foundation and Board member for YMCA of Columbia-Willamette. I have personally recognized him as an Oregon health care hero. As founder and CEO of Keen Mobility, Vail built the company from inception into a team of 16, with three product lines focused on safety and mobility for the disability community. Vail is a true hero and I am happy to say that the 250,000 families with members who have a disability in Oregon, like his, can see the many signs of our progress. However, we must continue our ongoing efforts to see that persons with disabilities are allowed to be active in our society. Whether they are friends, neighbors or family, persons with disabilities are no longer considered second class citizens. Every day persons with disabilities are demonstrating their abilities and making real contributions. People with disabilities are no longer excluded, and because of that America is a stronger country. Tomorrow we should all be reminded that equal opportunity is not a privilege, but a fundamental right of every American. I hope my colleagues will join me in support of this resolution.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. Last year, a man was arrested after he and another suspect yelled derogatory insults and hate speech toward a group of five lesbian women and one transgender man. While one of the men later fled the scene, the other continued harassing the group and subsequently physically attacked them. Some of the victims sustained injuries including a broken nose, black eyes, and injuries around the head and face. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. Last year, a man was arrested after he and another suspect yelled derogatory insults and hate speech toward a group of five lesbian women and one transgender man. While one of the men later fled the scene, the other continued harassing the group and subsequently physically attacked them. Some of the victims sustained injuries including a broken nose, black eyes, and injuries around the head and face. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today with Senators Bill Nelson, Stevens, Inouye, McCain, and Pryor to introduce the Identity Theft Protection Act of 2005. The introduction of this bill has been a bipartisan effort and I thank my colleagues on the Senate Commerce Committee for helping to negotiate a fair and balanced bill. Identity theft is one of the fastest growing crimes in America. It is estimated that over 10 million Americans are victims of some form of identity theft each year. The total cost of this crime approaches $50 billion per year, with the average loss from the misuse of a victim's personal information being almost $5,000. In 2004 alone, consumers who were victims of ID theft spent a total of 297 million hours resolving problems that arose from the crime. Every year, the FTC compiles a list of the top 10 categories of fraud-related complaints. Identity theft has topped that list of complaints each of the past 5 years. My own State of Oregon ranks ninth in the Nation for fraud complaints and identity theft. Data breaches are becoming an increasingly common type of identity theft that affects millions of consumers nationwide. Last year, there were at least 43 known incidents of security breaches, potentially affecting over 9 million individuals. These breaches range from sloppy record keeping and security procedures by companies to extremely sophisticated online thefts by computer hackers. Our bipartisan bill ensures that businesses and organizations have the proper security procedures in place to safeguard consumers' sensitive and personal information. This legislation requires any entity that acquires, maintains or utilizes sensitive personal information to have a security program to safeguard such data. Furthermore, we require these entities to verify the credentials of third parties seeking personal and sensitive information and require strict disposal and transfer procedures for such information. It is imperative that consumers be notified of any potential breach in the security of their personal information. The cost of an incident of identity theft, both in terms of out-of-pocket expense and time spent resolving problems, is significantly smaller if the misuse of the victim's personal information is discovered quickly. Our bill requires consumer notification if a data breach results in a significant risk of identity theft. Individuals will be notified immediately when any significant breach has occurred. Any breach affecting a minimum of 1,000 individuals also requires the entity to report the breach to the FTC and all the consumer reporting agencies. We realize that an individual's Social Security Number deserves the utmost security and protection against fraud, manipulation, and theft. To that end, this bill restricts the collection of and access to Social Security Numbers by limiting the solicitation of Social Security Numbers and prohibiting their display on employee and student identification cards. In addition, our bill will allow consumers to place, lift, and temporarily remove a security freeze on their credit, which would prevent credit from being extended to third parties without authorization from the consumer. We would also pre-empt state law to create uniformity and compliance by businesses and organizations. Protecting sensitive information is an issue of great importance for all Americans so we are requiring the FTC to establish an Information Working Group comprised of industry participants, consumer groups, and other interested parties to develop best practices to protect sensitive personal information. Consumers should have confidence when they share their information with others that their information will be protected. At the same time, the ability of legitimate companies to access personal information facilitates commerce and continues to have important benefits to consumers. We believe our legislation strikes the appropriate balance between ensuring the continued existence of these critical services and guaranteeing the security of consumer's personal information. I urge my colleagues to co-sponsor this important legislation to protect consumers from future breaches of identity theft. I ask unanimous consent that the text of legislation be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today with Senators Bill Nelson, Stevens, Inouye, McCain, and Pryor to introduce the Identity Theft Protection Act of 2005. The introduction of this bill has been a bipartisan effort and I thank my colleagues on the Senate Commerce Committee for helping to negotiate a fair and balanced bill. Identity theft is one of the fastest growing crimes in America. It is estimated that over 10 million Americans are victims of some form of identity theft each year. The total cost of this crime approaches $50 billion per year, with the average loss from the misuse of a victim's personal information being almost $5,000. In 2004 alone, consumers who were victims of ID theft spent a total of 297 million hours resolving problems that arose from the crime. Every year, the FTC compiles a list of the top 10 categories of fraud-related complaints. Identity theft has topped that list of complaints each of the past 5 years. My own State of Oregon ranks ninth in the Nation for fraud complaints and identity theft. Data breaches are becoming an increasingly common type of identity theft that affects millions of consumers nationwide. Last year, there were at least 43 known incidents of security breaches, potentially affecting over 9 million individuals. These breaches range from sloppy record keeping and security procedures by companies to extremely sophisticated online thefts by computer hackers. Our bipartisan bill ensures that businesses and organizations have the proper security procedures in place to safeguard consumers' sensitive and personal information. This legislation requires any entity that acquires, maintains or utilizes sensitive personal information to have a security program to safeguard such data. Furthermore, we require these entities to verify the credentials of third parties seeking personal and sensitive information and require strict disposal and transfer procedures for such information. It is imperative that consumers be notified of any potential breach in the security of their personal information. The cost of an incident of identity theft, both in terms of out-of-pocket expense and time spent resolving problems, is significantly smaller if the misuse of the victim's personal information is discovered quickly. Our bill requires consumer notification if a data breach results in a significant risk of identity theft. Individuals will be notified immediately when any significant breach has occurred. Any breach affecting a minimum of 1,000 individuals also requires the entity to report the breach to the FTC and all the consumer reporting agencies. We realize that an individual's Social Security Number deserves the utmost security and protection against fraud, manipulation, and theft. To that end, this bill restricts the collection of and access to Social Security Numbers by limiting the solicitation of Social Security Numbers and prohibiting their display on employee and student identification cards. In addition, our bill will allow consumers to place, lift, and temporarily remove a security freeze on their credit, which would prevent credit from being extended to third parties without authorization from the consumer. We would also pre-empt state law to create uniformity and compliance by businesses and organizations. Protecting sensitive information is an issue of great importance for all Americans so we are requiring the FTC to establish an Information Working Group comprised of industry participants, consumer groups, and other interested parties to develop best practices to protect sensitive personal information. Consumers should have confidence when they share their information with others that their information will be protected. At the same time, the ability of legitimate companies to access personal information facilitates commerce and continues to have important benefits to consumers. We believe our legislation strikes the appropriate balance between ensuring the continued existence of these critical services and guaranteeing the security of consumer's personal information. I urge my colleagues to co-sponsor this important legislation to protect consumers from future breaches of identity theft. I ask unanimous consent that the text of legislation be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today with Senator Dorgan to introduce the FTC Reauthorization Act of 2005. As the chairman of the Subcommittee on Trade, Tourism, and Economic Development, I am pleased to have Senator Dorgan, the ranking member of the subcommittee join me to introduce this important bill. Our subcommittee has jurisdiction over the Federal Trade Commission and its missions and this legislation would reauthorize the FTC from fiscal year 2006 through 2010. The FTC reauthorization bill is important for the FTC to carry out its critical mission of preventing unfair competition and protecting consumers from unfair or deceptive acts or practices in the marketplace. The responsibility to protect consumers is quite broad and includes a wide array of deception and unfair business practices, including price fixing, telemarketing fraud, Internet scams, and consumer identity theft. As a product of its responsibilities, the FTC plays a vital role in maintaining integrity in the marketplace and strengthening our economy. This legislation authorizes appropriations to fund the FTC's operations including moneys for efforts to secure data privacy and to combat spyware and identity theft. These are areas that have posed an increased threat to consumers recently, affecting millions of consumers with a pricetag to society in the billions of dollars. The services and protections the FTC performs for consumers are invaluable and we need to pass an authorization bill, which it has operated without since 1998. I urge my colleagues to support this legislation and its expeditious passage through the Congress. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to discuss the issue of United Nations reform. This year marks the 60th anniversary of the founding of the United Nations. As you know, the U.N. emerged from the ashes of the Second World War with a mandate to save succeeding generations from the scourge of war and to reaffirm faith in fundamental human rights and in the dignity and worth of human beings. These basic principles embodied in the U.N. charter are still significant in today's changed strategic environment. Yet, the scandals and mismanagement that has engulfed the organization threaten both its reputation and its relevance. These scandals have resulted in a consensus that the U.N. must be reformed. Three major reports have been released in the past 7 months, including one by Secretary-General Kofi Annan, that outline the need for specific reforms to make the U.N. more efficient, more accountable, more transparent, and more effective in responding to the challenges we face today. I am pleased to see that there is agreement on this need. Yet, I remind my colleagues that when the current Secretary-General took office in January 1997, he vowed to make the hard decisions necessary to reform the institution. But 8\1/2\ years have gone by, and he has been unwilling or unable to do so. In fact, reprehensible dealings and scandalous behavior at the U.N. has continued unabated. Furthermore, the U.N. budget has grown by leaps and bounds. Over the past 4 years, the U.N. regular budget has increased by more than $1.1 billion over a 2-year period--from $2.5 billion to $3.6 billion. The U.S. is handed a bill from the U.N. for 22 percent of the cost, and whether or not we agree with the way the U.N. spends its money, we are expected to pay. And this does not take into account the costs of peacekeeping operations, which are expected to be over $5 billion this year alone. The Constitution gives to Congress the power of the purse and as such, it is our duty to monitor how the American taxpayers' money is spent. In the case of the massive waste, fraud, and abuse at the U.N., we must take action to rectify an untenable situation. As the recent report issued by the USIP Task Force on the United Nations said, ``Americans are vested in a United Nations that embodies values of honesty, decency, and fair play.'' Yet, the U.N. is hardly a model for these basic values. The appalling kickbacks, bribes, and financial mismanagement of the Oil-for-Food program are the most obvious illustration of an insufficient oversight system within the U.N. The design of the program and the failure of the U.N. to properly monitor it allowed Saddam Hussein to pocket billions of dollars in money that was meant for the Iraqi people suffering under his brutal regime. Sexual exploitation and abuse by U.N. peacekeepers serving in missions around the world is an intolerable abuse of trust by those who are supposed to be contributing to a peaceful resolution to conflict situations. Embezzlement and extravagant personal spending have been documented at U.N. programs such as UNICEF, the United Nations Development Programme, and the United Nations Conference on Trade and Development. Countries such as Zimbabwe, Cuba, and Sudan--known violators of the basic human rights of their citizens--have been included as members of the U.N. Commission on Human Rights and have used their position to manipulate its agenda to prevent resolutions that condemn their human rights records. If the U.N. does not act boldly, and act now, it will have little credibility to serve as an organization that promotes the values in its Charter. As a European diplomat told me recently, however, the U.N. is incapable of reforming itself. It is quite good at issuing reports, having meetings, appearing contrite, and then resolutely promising to change when news reports publicize the details of the problems within the organization. But history has shown that U.S. leadership is critical to ensuring that meaningful reform is implemented at the U.N. Last month, the House of Representatives passed comprehensive legislation that provides a framework for implementing U.N. reform. This effort was led by the Chairman of the House International Relations Committee, Mr. Hyde, who worked diligently to produce a responsible bill that addresses the need for serious, meaningful, and practical reform. Today I am introducing this legislation in the Senate. I recognize that the method used in this bill to compel the U.N. to make these reforms may not be popular with some of my colleagues. But I feel that there is no other way to proceed. This legislation requires that 50 percent of the U.S. contribution to the United Nations regular budget be withheld if specific reforms are not implemented. Before dismissing this approach, I urge my colleagues to examine the reforms mandated and the flexibility inherent in the legislation. First, the reforms. Title I requires management and budgetary reforms to create a more streamlined, efficient, and effective organization. It shifts funding mechanisms for 18 programs of the U.N. from the regular assessed budget to voluntarily funded programs in an effort to make these programs more accountable to those who fund them. It calls for budgetary practices that would allow us to measure the effectiveness and relevance of programs. And it creates an Independent Oversight Board, an Office of Ethics, and a Chief Operating Officer to increase the accountability of the U.N. This Title also addresses the shameful anti-Semitism inherent in U.N. structures by calling for Israel to have a permanent seat in one of the regional groups, with all the accompanying rights and privileges. And it requires the State Department to review U.N. agencies that focus exclusively on the Palestinian agenda. Title II deals with the human rights mandate of the U.N. It establishes basic criteria that member states must meet to be eligible to serve on U.N. human rights bodies and requires the U.N. entity that selects members on these bodies to abide by these criteria. Title III mandates reforms of the International Atomic Energy Agency so that it can better focus on the key issues of nuclear safety and security, and nuclear verification activities. Title IV calls for a review of U.N. peacekeeping operations and requires that the U.S. deny support for new or expanded missions until procedures are in place to prevent further sexual exploitation by U.N. peacekeepers. These measures, including adopting a Code of Conduct for all personnel participating in these operations, and establishing a data base so that past abusers are not able to participate in future operations, have been specifically endorsed by the Secretary General's special advisor on sexual exploitation and abuse and should be in place by this summer. Yet it is incumbent upon us to ensure that they are not stalled by member states that don't see this tragic situation as a serious problem. Title V puts forward ways to improve budget practices by requiring more details about the U.N. budget, including proposed increases, to be presented to Congress. And finally Title VI provides the leverage. If I could come up with a better way, I would pursue it wholeheartedly. But even the strongest supporters of the U.S.-U.N. relationship acknowledge that the only way the U.N. pays attention to calls for reform is when its budget is threatened. Experience has shown that the U.N. will institute needed improvements only when Congress threatens to withhold U.S. funding. This is not meant to be draconian. These reforms, if implemented, will increase the credibility, the legitimacy, and the effectiveness of the U.N. In fact, I want to underscore the importance I place on a United Nations that can fulfill its core objective--to serve as an institution that supports the preservation of international peace and security. I feel this objective is at risk. Finally, it is important to highlight the flexibility that is built into this legislation. It allows the administration 2 years to work with the U.N. to make these necessary reforms before the withholding provision is triggered. Even after 2 years, it does not insist that every one of the reforms be implemented, but allows an additional year for the U.N. to complete the job. If the U.N. adopts measures that achieve the same purpose as those outlined in this bill, it allows the full U.S. contribution to be expended. And if the U.N. chooses not to implement these needed reforms, the legislation authorizes the contributions that are withheld from expenditure to remain available until the U.N. acts. In 1949, Dean Acheson said that the United States must work actively to make the United Nations an effective instrument of international cooperation. There is, and always will be, a role for America in ensuring that the U.N. lives up to the ideals of its charter. By pushing for these critical reforms, I believe that we can forge the U.N. into the effective instrument of international cooperation that we all hope it can be. It is my belief that this legislation is the instrument to get the job done--to make the U.N. the organization that its founders envisioned 60 years ago. I yield the floor.

Mr. SMITH

Mr. SMITH. Mr. President, more than 20 years ago President Reagan made a commitment to help the countries of Central America by providing them with unilateral access to the U.S. market. Through preference programs such as the Generalized System of Preference, GSP, and the Caribbean Basin Initiative, Congress and various administrations have sought to help our southern neighbors by promoting development and encouraging the building of democratic societies. The Caribbean Basin Initiative has provided critical economic aid to the fledgling democracies of Central America, and in the past 20 years, chaos has been replaced by commerce. Since 1985, exports from the region to the United States have quadrupled; and today, the agreement that we are taking up seeks to provide reciprocal access for our domestic producers. Today, 80 percent of goods and services and 99 percent of agricultural products from the CAFTA-DR countries already enter the U.S. duty free. In contrast, our domestic producers face steep tariffs--which are essentially foreign taxes--into the region. Under CAFTA-DR, many of those tariffs would go to zero. It is estimated that if approved, CAFTA-DR would result in approximately $1 billion in annual savings on tariffs for U.S. producers. Under CAFTA-DR, Oregon apple and pear growers, who currently face tariffs as high as 25 percent into the region, will benefit from immediate duty elimination on fresh apples and pears. Oregon potato producers benefit from duty elimination on certain potato products, including french fries, which will immediately become duty-free in most DR-CAFTA countries. With $104 million in export sales and total cash receipts of $155 million, Oregon's wheat producers will benefit from the immediate elimination of tariffs on wheat and barley in all six countries. An American Farm Bureau analysis shows that U.S. agriculture may gain $1.5 billion in increased exports each year when the agreement is fully implemented. Oregon retailers, including Nike and Columbia Sportswear, would benefit from greater market access and increased sourcing options. Intel, another major employer in my state, stands to benefit from this agreement. The CAFTA-DR countries combine to rank as Oregon's 10th largest export market. According to the Office of Trade and Economic Analysis, 94 percent of Oregon's exports to the region in 2003 were high-tech products. For the 15,500 Intel employees in Oregon, CAFTA-DR is critical for future growth in the region. This agreement is about leveling the playing field for our domestic producers. The CAFTA-DR countries already have access to our market; this agreement gives our growers and manufactures a chance to thrive in DR-CAFTA markets. In recent weeks, this agreement has been endorsed by the Oregonian, the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and USA Today. I understand that there are those who are not entirely happy with this agreement, including some in my own State. However, I come from a State in which one in four jobs is tied to exports. This agreement is about increasing export opportunities for producers in my State and around the country. A recent editorial in the Oregonian said this about the agreement: It is disturbing to see Oregon and national leaders back away from the principle that free and fair trade is good for the United States and the rest of the world. People are better off in an integrated global economy where they have the opportunity to sell their goods, services, and skills around the world. As a businessman, I have seen firsthand the remarkable ability that trade has to raise the standard of living both domestically and around the world. I am hopeful that by passing this agreement, we will be able to create new growth opportunities for U.S. and Central American producers, and we will be able to show that America truly is a leader in furthering free and fair trade.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. A gay man reported that an unknown man began to choke him and verbally harass him using antigay slurs while riding a train in Brooklyn. The assailant ran out of the train at the next station following the attack. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today with Senator Rockefeller to introduce the Video Choice Act of 2005. This bill will promote competition and help bring choice to consumers in the video market. In addition, the bill will further the development of next generation broadband networks and spur economic development in rural areas of the country, like Wallowa, OR. A recent Government Accountability Office study underscores the benefits of competition in the video market. In August 2004, GAO concluded that cable rates are on average 15 percent lower in markets with a wire-based competitor to the incumbent cable operator. My legislation promotes competition and lowers rates by eliminating redundant and unnecessary video franchises. Specifically, my legislation permits any company that has already obtained a franchise to build and operate a network to offer video services over that network without obtaining a second, redundant franchise. These competitive video service providers will still be subject to the important social policy obligations of cable operators, including the obligation to pay fees to local governments; to comply with the retransmission consent and must-carry provisions of the Act; to carry public, educational, governmental and non-commercial, educational channels; to protect the privacy of subscribers and to comply with all statutory consumer protections and customer service requirements. Importantly, my legislation also preserves State and local government authority to manage the public rights-of-way and to enact or enforce any consumer protection law. In so doing, we have ensured that local communities continue to play a meaningful role in the management of these networks. We recognize that the video franchising process imposes burdens on cable operators and welcome the opportunity to investigate and address those concerns as this debate moves forward. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak to a resolution I will submit honoring a true champion. I rise today out of two affections in my life: one for the land of New Zealand, and another grows out of my enjoyment of the game of golf. Ten days ago, on June 19, Michael Campbell became the first New Zealander to win one of the United States Golf Association's major championships in 43 years, besting a field of the world's most talented golfers. Mr. Campbell showed great perseverance and mettle throughout the Open, mastering an immensely challenging course. He was also the first player to come from behind to win a U.S. Open in 7 years. Mr. Campbell's win is yet another chapter in a proud tradition of excellence in international sports for New Zealand. The Kiwis have won two of the last three America's Cup yacht races and netted three gold and two silver medals at last summer's Olympic Games in Athens. The competitive spirit and success of these athletes is reflective of the bravery and skill of New Zealand's indigenous seagoing explorers, the Maori, of whom Michael Campbell is a descendent. Mr. Campbell's victory in the U.S. Open also provides us with the opportunity to reflect on our relationship with New Zealand and at the same time to shape the future of our friendship. Staunch allies in the two World Wars in the 20th century, New Zealand and its people have made tremendous sacrifices and heroic efforts to help protect freedom and democracy in the world. Those efforts continue today, as New Zealand contributes regularly to international peacekeeping operations, remains steadfast in their alliance in the fight against terrorism, and has helped to reconstruct a new, democratic Iraq. Even though there have been some bumps in the road--the deterioration of the Australia-New Zealand-United States alliance comes to mind--New Zealand has been a great friend and an enduring ally over the years. It is my hope that we will continue to foster this friendship. On that note, I commend Michael Campbell and the nation of New Zealand for this momentous victory and express arohanui to the peoples of Aotearoa, our friends in the Land of the Long White Cloud.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. A gay Latina woman was walking on the beach with her transgender male partner last year when they were approached by two unknown men. The men began making disparaging and intimidating comments at them. The two men then chased and threw rocks at the victims. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.