Gordon Smith

Mr. SMITH

Mr. SMITH. Mr. President, I am pleased to be in the Senate today with my colleague, Norm Coleman. Norm is one of my esteemed new colleagues and can speak with considerable insight on the issue of anti-Semitism, as he hails from the Jewish faith and genealogy. I honor him for being down here speaking about an issue that has been a cancer in the human soul for a long time, and that is anti-Semitism. I learned at my mother's knee to fight against bigotry and discrimination. I am not Jewish. I was born into the Mormon faith to Mormon parents who in our history knew something of persecution. In fact, many of my Jewish families are surprised to learn that extermination orders have actually been ordered before, even before the pogroms that have beset the tribes of Judah. They were once issued by a Governor of Missouri on the Mormon pioneers, and they set about exterminating them and drove them literally from what was then the United States. So as a young boy, I had an interest in history. I would watch newsreels of what had recently happened in Germany to the Jewish people. I had a particular sensitivity to that and, again, learned from my mother to befriend the children of Israel. But what besets the human heart in the form of anti-Semitism is ancient in its origin, even prophesied in Jewish history and Scripture. This morning, as I contemplated Rosh Hashanah, which is the new year, the beginning of the world in the Jewish calendar, I turn to a verse of Scripture that I remember reading many times throughout my life, and that is in the 49th chapter of Genesis where the prophet Jacob is giving blessings to his twelve sons. We know the names of Abraham, Isaac, and Jacob, and Jacob had four wives. His first wife was Leah, and Leah bore him a number of sons, but one of them was named Judah. The blessing that Jacob gave to Judah is very instructive. He says: Judah, thou art he whom thy brethren shall praise: thy hand shall be in the neck of thine enemies; thy father's children shall bow down before thee. Judah is a lion's whelp: from the prey, my son, thou art gone up: he stooped down, he couched as a lion, and as an old lion; who shall rouse him up? The sceptre shall not depart from Judah, nor a lawgiver from between his feet, until Shiloh come; and unto him shall the gathering of the people be. If you can break down that language, you will understand that Judah was a leader among the sons of Jacob, and in this patriarchal blessing he was given a leadership role, and he was to be, and his descendants, something of a thorn in the neck of his enemies. The Torah is full of promises, predictions, prophecies of the Diaspora, of the affliction of the Tribe of Judah. Indeed, there are places in the Torah where it says that all nations will be turned against Israel. The question for us, as human beings and as Americans, is, do we turn against Israel? I have regarded it as one of the important cornerstones of American foreign policy, that since the Holocaust in the Second World War, the American Nation has stood by the Tribe of Judah in the form of the State of Israel, defended its right to exist, and been an ally to it in its darkest days. The feelings of anti-Semitism in this world, they ebb and they flow. But I would suggest to you, and all listening, Mr. President, that anti-Semitism is something of a barometer of the human heart. And when we have those feelings, we are on the wrong side. We need not have those feelings. We must not have those feelings because if too many Americans do, the American Nation will join other nations who turn on the State of Israel and the Tribe of Judah. So, for me, I guess you can discern from my remarks this is a principle of faith, it is a belief that I hold deeply, that part of my public service has, as a cornerstone, friendship to the Jewish people. So as I contemplate what is happening in the world today, as nations turn against Israel again, I am determined to push back. And I am determined to speak out against vicious lies that have been told for centuries against the Jewish people. I would like to share a few of them with you. I touched briefly upon the depravity of the Second World War, that resulted in the misery and death of 6 million Jews. Yet that spirit that led to such a policy exists in some places even still. Unfortunately, it exists in many of the lands of the Middle East. Let me give you a few examples. In November and December of 2002, Egypt aired on state television a series based on the forged and notorious anti-Semitic tract, the so- called ``Protocols of the Elders of Zion.'' The ``Protocols of the Elders of Zion'' is a fraudulent document that reported the alleged proceedings of a 19th century conference of Jews during which they discussed plans to overthrow Christianity and control the world. It has been proven a fraud time and again. Yet some governments of civilized nations continue to propagate this heinous lie. The Saudi Government daily newspaper Al-Riyadh, in a March 2002 article titled ``The Jewish Holiday of Purim,'' charged that Jews used the blood of non-Jewish youngsters in preparing their pastries for the Purim holiday. To be precise, the columnist writes: Before I go into the details, I would like to clarify that the Jews' spilling human blood to prepare pastry for their holidays is a well-established fact, historically and legally, all throughout history. This was one of the main reasons for the persecution and exile that were their lot in Europe and Asia at various times. That is a hideous lie. Yet it is reported in a newspaper in Saudi Arabia. Also reported in this same paper, Al-Riyadh, a Saudi Crown Prince remarked to a gathering of leading government officials and academics in Jeddah that ``Zionists'' and ``followers of Satan'' are to blame for recent terrorist attacks in the kingdom of Saudi Arabia, in particular, a May 1 terrorist attack on foreign oil workers in the city of Yanbu that killed 6 people and injured 25. This was done by al-Qaida, not the Jews. Yet a Crown Prince of Saudi Arabia felt to blame it on the Jews. Specifically, the Crown Prince said: ``Zionism is behind everything.'' Another issue, a journal titled ``The Muslim Soldier,'' which is published by the Religious Affairs Department of the Saudi Armed Forces, recently contained an article claiming: The majority of revolutions, coups d'etat, and wars which have occurred in the world, those that are occurring, and those that will occur, are almost entirely the handiwork of the Jews. They turned to [these methods] in order to implement the injunctions of the fabricated Torah, the Talmud, and the ``Protocols [of the Elders of Zion],'' all of which command the destruction of all non-Jews in order to achieve their goal--namely, world domination. Again, these are disgusting lies that are propagated supposedly by Syria's people. The author of an article in an Egyptian Government daily titled ``The Lie About the Burning of the Jews'' defended his piece on Egyptian television by saying: This article was scientific research, which relied on many European and American sources concerning this lie, one of the lies upon which the State of Israel was established--the lie about the burning of the Jews in the Nazis' ovens. I have been to those ovens. I have been to Auschwitz. I have seen the pictures. I have seen the ashes. Any representation like that must be refuted in places like this. And in Syria, according to the State Department's 2003 International Religious Freedom Report, the: Government primarily cites tense relations with Israel as the reason for barring Jews from government employment and for exempting them from military service obligations. Despite the fact that state-sponsored anti-Semitism is more prevalent in the Arab world, it unfortunately exists in other countries as well. In certain states of India, schools are required to use textbooks that condone Nazism, including detailing its achievements and omitting any reference to Nazi extermination policies or concentration camps. In Belarus, anti-Semitic literature is sold in government buildings and in stores directly connected with the Belarusian Orthodox Church. The fact that this kind of hatred exists in the hearts of some people is something that we unfortunately are unable to control. But what we can do, what we must do, is express our distaste and indeed our revulsion that governments around the world feel it is appropriate to promote such hatred. At the G-8 summit in Sea Island, Georgia, this June, President Bush reached out to our allies to establish a Partnership with the Broader Middle East and North Africa in an effort to advance freedom, democracy, and prosperity in the region. I support the President's approach for peace in the Middle East, and I believe it will only occur if the countries at stake are working together. So I ask, if governments are actively supporting anti-Semitism and even, at times, the destruction of the Jewish state, how will they be able to convince their populations that peaceful coexistence with Israel is an appropriate course of action? How will they expect their children to live in harmony with their Jewish peers? How will they ever reconcile their malevolent views of the Jewish people? State-sponsored anti-Semitism around the world is a sinister fact with potentially devastating consequences. We must work tirelessly to highlight its insidious nature at every opportunity. And there are many friends in the Jewish community who ought to be thanked for their efforts to try to stem the tide of anti-Semitism: Specifically, Jess Hordes and Abe Foxman at the Anti-Defamation League for their work on this vital front as well as many of my colleagues here who stand in the Senate to bring attention to this issue. Anti-Semitism cannot take root unless it starts in our hearts individually. If it starts in our hearts individually, it goes to our homes, our neighborhoods, our schools, and then it hits into our governments. That America never be one of those governments turned against Israel is my hope and my prayer. I yield the floor.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On August 18, 2001 in Ithaca, NY, Michael Palahicky, 20, punched a man and called him an anti-gay epithet. He was charged with harassment as a bias crime. 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. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On May 30, 2000 in Salt Lake City, UT, a man armed with a pellet gun stormed into a gym, fired several shots, and made threatening comments to the gay people in the gym. The club's manager said the gym is a health and social club for gay and straight men. 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. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. In Baltimore, MD, in 1999, a group of six people went on a crime spree that included over a dozen armed robberies and four car-jackings. While most of the victims were threatened at gunpoint and otherwise not injured, one man was hit in the head with a baseball bat and Tacy Ranta, a prominent transgender activist, was fatally shot in the chest. When one of the assailants asked the shooter why he had shot ``that lady,'' the shooter replied ``that was no lady--that was a faggot.'' Some transgender activists believe that since Ranta was the only one killed, the murder was a hate crime based on her status as a transsexual. 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 ask unanimous consent that the order for the quorum call be rescinded.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On March 19, 1999 in San Francisco, CA, three men were charged with suspicion of aggravated assault after they allegedly yelled anti-gay epithets and assaulted a man. 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 ask unanimous consent that the Chair now lay before the Senate the House measure to accompany S. 2634, the Garrett Lee Smith Memorial Act.

Mr. SMITH. Mr. President, I ask whether there be objection to proceeding to the measure at this time.

Mr. SMITH. Mr. President, this is a much happier day for me than it was 1 year ago. A year ago yesterday, my son, Garrett Lee Smith, took his life. Today it is his birthday, and today my heart is not filled with sadness but with joy because the Congress of the United States has acted with near unanimity, an overwhelming vote in the House of Representatives, Republicans and Democrats alike, and for a second time now the Senate, without objection, 100 strong, Republican and Democrat alike, has acted not as partisans but as Americans on an issue that afflicts families all over our land, the issue of mental health, of depression among our youth that often, too often, even at epidemic levels, can lead to suicide. This has been for me a very long and difficult year. I am grateful for the support of family and friends and, especially here now, my colleagues. I had many thoughts in mind when this occurred because I was raised to believe that no success can compensate for failure in one's home. And when my son took his life, I felt the ultimate failure. Yet I have come to learn from colleagues, some of them, like the leader, medical experts, others like Mike DeWine, who has suffered much in his family through the loss of a daughter; Pete Domenici, who has helped me to understand the lethal nature of mental illnesses, and so many more. I have been buoyed up and strengthened sufficient to carry on my public responsibility and try to find from the loss of my son some new meaning in his life. Today the Congress has acted on his birthday. My wife Sharon and I are profoundly thankful to all of you. What we have done today is to pass a bill that will enable the States, encourage the States, incentivize the States to have youth suicide prevention programs to, with parental permission, give testing to identify, under the strictest of privacy, those children who may have a predisposition toward depression and suicide. We have given the incentive to the States to set up college backstops, counseling, intervention measures, to help where this epidemic is most acutely felt, and that is on American college campuses. We are setting up a national repository of information through SAMSHA, where the best ideas from the 50 laboratories that are the 50 United States can be brought together and shared so intervention can be more effectively made to save more of America's sons and daughters. When this bill left the Senate, I thought it was in perfect form. But I learned something about a bicameral legislature in working with my colleagues in the House. They made it better. They had many good suggestions. And I feel it appropriate to say that while some I am entirely in agreement with and others I would have preferred not be there, I support the bill as it has come from the House of Representatives. I owe a great deal of thanks to some specific individuals. If you will bear with me, Mr. President, I would like to thank some of them and also note for those colleagues who may be concerned about parental notification precedence that the House was willing to put in there provisions that this tougher parental notification is applicable just to this bill and in no way affects No Child Left Behind legislation. I need to say thank you to some very significant people without whom this bill would not have passed. First, I want to thank Chairman Joe Barton, the Congressman from Texas, who chairs the House Commerce Committee. I say to all the world, and particularly his constituents, he is a man of his word. He had tremendous pressure on him not to proceed with this, but he gave me his word. He is good for it. He worked with me. He demanded much of me. We gave much. But under considerable pressure he stood up against it and made this to pass. To Speaker Hastert and Leader DeLay, thank you for your permission, thank you for making this happen, allowing it to happen, and also being good to the commitments that were made to me and other colleagues and to the White House. I thank my House sponsors, Congressman Bart Gordon of Tennessee, Coach Tom Osborne of Nebraska. Coach Osborne knows something of young people and their struggles. He was wonderful to work with. Danny Davis, of Illinois, spoke eloquently about this bill on the Senate floor last evening. My own Congressman, Greg Walden, who helped to shuttle this through the House, I am profoundly thankful to him. I also note Earl Blumenauer and Patrick Kennedy of Rhode Island were particularly helpful to me in passing this legislation. I am grateful to them. Senator Santorum--they call him a Pope over there--is regarded in very exalted terms and a term of affection. He was unusually helpful in helping me to make my way through the House membership and to get this passed. Leader Frist, this would not happen without you. At every turn you have been there for me and helped me to get through this year. Judd Gregg, the chairman of our committee, with jurisdiction, was wonderful to make this possible and happen in the Senate. Mitch McConnell, your staff, Leader Frist's staff, were very helpful. They went the extra mile back and forth from the House to Senate Chambers time and again for me. I thank the staffs of all of these people who worked so hard. Senator Dodd and Senator Kennedy have been unusual champions of this issue, and issues of mental health. They have been wonderful guides. Senator Jack Reed of Rhode Island helped to author a major provision. Harry Reid, the Democratic whip, has been a stalwart and counseled me to take this and do that. I say to him, thank you, sir, for your help and your understanding of the issue of suicide. I thank Leader Daschle as well because without his understanding that this was not partisan this would not have happened. I am grateful to Leader Daschle. I mentioned Mike DeWine. Mike is behind me and will speak to this issue. If you could package goodness in human form, it would look like Mike DeWine. I think most significantly for me has been the woman who sits to my right, Catherine Finley, who is a person of talent, tenacity, and temperament sufficient to take a stand-alone bill, in a very short period of time, pass it through the Senate, the House, and back through the Senate again. I am eternally in her debt. And my wife joins me in those sentiments. Finally, I thank George W. Bush, the President of the United States, and his staff at the White House, who have been with me from the beginning and who have urged me on time and again to get this done and to get it to him. He has understood that this issue is part and parcel about being compassionate and being conservative. I thank the President of the United States. In closing, Mr. President, I would like to read a letter that I think says more eloquently than I can why this legislation is so necessary and why it has the prospect of doing so much good. I received this letter from a student at George Washington University in Washington, DC. She urged passage of this bill. Her name is Miss Meredith Jessup of Sturgis, MI. She wrote this: This past year I arrived in Washington, DC with a new educational landscape set before me, convinced that I was equipped with the essential skills I would need to survive college. But I was in no way prepared when my close friend and neighbor committed suicide by jumping to his death from his dorm window. The story that unfolded was his personal narrative of his fight with depression and his constant feelings of worthlessness. He openly wrote about how he had planned his own suicide and about the frightened ideas of acting out his plans. This young, brilliant person, never seen without a smile on his face, had been secretly battling severe depression for a year. None of his friends had had a clue and he had never shared this with his family. He was depressed and confused and I was scared and utterly unprepared to know how to keep my friend alive. I was never sure why he had chosen to confide this to me, but he made me promise to keep his confidence. In the following days I convinced him to accompany me to the university counseling service. Two weeks later I received another desperate call from him, he was contemplating death at the dorm. I convinced him to begin walking to meet me and we went to the hospital emergency room. As I sat in the hospital waiting room, tears streaming down my face, I prayed that the hospital would admit my shattered friend for emergency counseling and intervention. I was not a professional; friendship was the only tool I could use to try to help him and as I sat at his bedside I grabbed his hand and told him how I was proud of his courage. On Sunday, April 18, 2004, a week after his discharge from the hospital, he called my cell phone once again. This time his voice was barely recognizable, laden with sadness. He called from his dorm room, four doors down from mine. ``I don't want anyone to worry about me,'' he said. ``When you wake up tomorrow, I want you to forget about anything that happened today.'' As he kept repeating these lines over and over again, it hit me like a load of bricks. He was going to commit suicide. ``Good-bye . . . '' rang in my ears as he hung up his phone. I repeatedly tried to call his phone and pounded on his door. Then the sound of emergency sirens flooded in from open windows, and a harsh reality set in. He had jumped from the balcony of his fourth floor window. My friend was dead at 19 and I hadn't been able to save him. Perhaps his condition was beyond anyone's help--friend, family or trained professional. Perhaps there was more that could have been done. In his case, however, we will never know. The only thing for us to do after a tragedy like this is to work to ensure others who are struggling do not face the seemingly hopeless situation he had found. On this, the three-month anniversary of my friend's death, I am writing to thank you for championing the issue of youth suicide prevention. I am writing to thank you for your courageous efforts to help people struggling like my friend. I applaud the courage it took for you to stand before your Senate colleagues and reopen the emotional wounds that are just below the surface from the suicide of your own son. These wounds are all too familiar to me in the death of my friend. He was one of five students of The George Washington University to die this last school year in suicides or preventable acts. Perhaps the Garrett Lee Smith Memorial Act is a way that I can help others who are struggling on my campus. This piece of legislation and the opportunities it presents provide a way to create something good out of so many tragedies. What I could not do for my friend perhaps can be accomplished in an educational outreach and counseling protocol program I plan to propose for GW, seeking funding through your legislation. I would like to personally thank you and other members of the United States Senate for taking up this initiative to help prevent suicide among America's youth. I would also like to encourage members of the House of Representatives to pass the Garrett Lee Smith Memorial Act. By instituting the grant program for America's universities, I hope to be a part of alleviating the nation's third leading cause of death among young people. It's the least I can do to honor the memory of my friend. Our country cannot afford to lose to depression the character and the substantial talents of young people like him. With that, I thank my colleagues for supporting this historic act. I yield the floor.

Mr. SMITH. I ask, then, unanimous consent that the Senate concur in the House amendment, the motion to reconsider be laid upon the table, and any statements relating to the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Madam President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. In Fort Worth, TX, on October 21, 2000, a high school student was hospitalized after two 17-year-olds allegedly attacked him in a parking lot, beating him and scratching antigay epithets into his car. The victim suffered a broken nose and numerous other injuries, including cuts, bruises and two blood clots on his brain. 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. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Scotty Joe Weaver, an 18-year-old gay Alabama man was beaten, stabbed, and his body burned in woods near his mobile home on July 18, 2004. Robert Porter, 18, Christopher Ryan Gaines, 20, and Gaines' girlfriend, Nichole Kelsay have been charged with the July 18 killing, which police believe was motivated by hate. 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 further the cause of affordable homeownership in America. I am proud of all that we have done to increase opportunities for homeownership, however I hope that no member of this body makes the mistake of believing that the fight is over. I am very proud of the 68.6 percent rate of homeownership we enjoy in America today but millions of American families are unable to take advantage of the many benefits of homeownership. One of the greatest obstacles for these Americans is the minimum down payment. The Federal Housing Administration (FHA) provides loans to many 1st time homebuyers who otherwise would struggle to qualify, yet many working class families are still overwhelmed at the prospect of saving thousands of dollars for the 3 percent minimum down payment. This legislation will help make homeownership become a reality for those Americans. The Zero Downpayment Act of 2004 will allow families who seek FHA- insured loans to include the downpayment in their loan amount. These borrowers will still have to meet FHA credit qualifications and will pay a slightly higher annual interest rate to cover the cost of the program. Borrowers will also be required to receive counseling to ensure they are ready for the financial responsibilities associated with homeownership. This legislation provides a wonderful opportunity for those Americans who are on the edge of homeownership to begin building better lives and neighborhoods all over the country. As members of the United States Senate we each spend a good amount of time meeting with people of all walks of life. I am introducing this legislation today, because it can change lives, and give people a chance to experience a better life. I hope my colleagues will join me in the fight to give every American the opportunity to become a homeowner. The Zero Downpayment Act of 2004 is an important step in that process and I urge my colleagues to join me in supporting this legislation. I ask unanimous consent that the bill be printed immediately following my remarks.

Mr. SMITH

Mr. SMITH. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, 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 about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On August 12, 2002, Stephanie (Wilbur) Thomas, age 19, was driving her friend Ukea (Deon) Davis, age 18, home in southeast Washington, DC. The two young transgendered women were members of Transgender Health Empowerment, an African-American transgender support group. A car drove up beside them, and a gunman fired shots from an automatic weapon. The gunfire killed Ukea Davis and critically wounded Stephanie Thomas. The gunman then got out of the car and fired additional shots into Thomas' car. Though police have not determined if they will file this as a hate crime, the additional shots fired at Thomas after the initial shooting seem to indicate an overkill factor common in many murders of transgendered people in the U.S. 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, 70 years ago--in the fall of 1934-- Harry Holmes from Medford, OR traveled to New York City armed with nothing more than a dream and 15 boxes of Royal Rivera pears, which had been grown on the orchard in the beautiful Rogue Valley owned by Harry and his brother David. Their goal--in the midst of an economic depression--was to convince New York business executives that a box of their pears was a perfect Christmas gift. A week of meetings, however, yielded no success, and the pears were beginning to ripen. In an attempt to prolong the pears, Harry kept the window of his hotel room wide open, transforming his room into a make- shift refrigerator. With just 2 days left in his trip, Harry was introduced to G. Lynn Sumner, an advertising man. Sumner met with Harry that afternoon, and before business was discussed, Harry had Sumner tuck a towel into his shirt collar and taste one of the pears. ``I took a bite out of my pear and found that Harry had taken a wise precaution,'' said Sumner. ``The juice burst . . . and poured down over me. . . . At the same time, I sensed the full flavor of the most luscious pear I had ever tasted.'' Sumner was so impressed he immediately agreed to help Harry promote his product. That night he drafted a letter to be sent with each box of pears, asking the recipient just to taste a pear and imagining what a wonderful Christmas gift a box of them would make. The next morning, each of the 15 boxes of pears, along with a copy of the letter, were sent to America's most prominent business leaders. Before Harry left New York to return to Oregon, he had 500 orders in hand. Seven decades later, Harry and David is the Nation's largest and most well-known direct marketer of gourmet food and fruit gifts. It ships more than 7.5 million gifts per year, including 4 million during the Christmas holiday season. Harry and David's parent company, Bear Creek Corporation, is also a leading employer in Southern Oregon, providing 3,000 full-time and part-time jobs year around, and 11,000 jobs during the holiday season. I am proud to congratulate the good folks at Harry and David for 70 years of providing millions and millions of families around the world with delicious food and countless Christmas memories. I am also reminded of the words of Thomas Jefferson, who said, ``Cultivators of the earth are the most valuable citizens. They are the most vigorous, the most independent, the most virtuous, and they are tied to their country and wedded to its liberty and interests by the most lasting bands.'' In saluting Harry and David, I do more than salute a business. I also salute the ``cultivators of the earth''--the farmers and orchardists who do the work necessary to make the land blossom with an abundance of treasures. I am confident that their hard work and the hard work of all those at Harry and David will help to ensure that the best days of this company are yet to come.

Mr. SMITH

Mr. SMITH. Madam President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On April 2, 2000, in Cedar Rapids, IA, Jason Allen was charged with allegedly attacking another man because he believed the man was gay. 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. Madam President, today I rise to recognize a proven early literacy program called SMART, which stands for ``Start Making A Reader Today.'' The program gives children who have difficulty reading the extra support and one-on-one attention they need to learn to read and succeed. Each year, SMART matches more than 11,000 young children in Oregon with adult volunteers for weekly one-on-one reading sessions. Independent research shows that these relationships have a measurable impact on the students' reading performance. At a time when we are striving to better serve our Nation's students, this Oregon program is a model for the Nation. SMART has improved young Oregonians' performance on important benchmark exams, and has given students an important boost of confidence for continued academic success. Twelve years ago, Johnell Bell was a first grader struggling to learn to read. His teacher noted Johnell toiling to keep pace with his classmates, and recommended him for SMART. For several years, Johnell worked with one of SMART's 10,000 volunteers to develop his reading skills. With free books at his disposal, Johnell practiced reading at home and quickly developed into a star student and a dynamic young leader. Now a student at Portland State University, he is returning the favor. Every week, he spends time between classes with two SMART readers. We should learn from proven successes and invest in programs that have a measurable impact on our children's future. By successfully mobilizing communities to improve the lives of thousands of children, SMART, and other programs like it, provide hope for America's children.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. The Nation's leading gay and lesbian news magazine, the Advocate, reported that in Baton Rogue, LA, Cedric Thomas was shot several times on May 18, 2004, and finally succumbed to death from complications related to those wounds several weeks later. I believe that 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. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On October 14, 2003, a gay man named Ricardo Lorenzana, 47, was struck in the head with a baseball bat and needed 14 stitches to close the wound. He said the attack makes him constantly worry about his safety. Soon after Lorenzana was attacked, a 19-year-old gay man was assaulted, warding off blows from the bat but getting cut by a knife. Authorities said the assailants used antigay slurs during that attack. I believe that 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 speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On August 18, 2000, a group of boys shot through the front window of a well-known lesbian bar on Capitol Hill, known as Phase I. Though witnesses identified a gang of young boys as the perpetrators, they escaped without being apprehended. Three years earlier, a canister of tear gas was tossed into a gay bar two blocks from Phase I, and police classified that crime as a hate crime. 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. By passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I am pleased to join my colleague from West Virginia, Senator Rockefeller, in offering such an essential piece of legislative. This bill will extend a portion of the short-term assistance package that Congress provided to States and territories last May, because as most of our constituents realize, our economy may have rebounded, but prosperity has not reached all Americans. This proposal will continue to help States fund Medicaid, one of their most critical and also most expensive programs. The bill also provides funding necessary to ensure that Congress meets its commitment to help states transition seniors into the new Medicare prescription drug benefit program. I am quite certain this proposal will be controversial. On the one hand, many people who represent seniors and other vulnerable populations that receive their health care through the Medicaid and Medicare programs will argue that this bill does not provide enough help to states to prevent programs and benefit cuts. On the other hand, many of my colleagues will complain that the federal government already provided $20 billion in fiscal assistance last year through the economic stimulus package. In developing this bill, I tried to take an approach that balanced the concerns expressed by both sides. I agree that state economies are recovering and that they do not need an additional $20 billion in federal assistance. In my home State of Oregon, unemployment is dropping and State income tax receipts are higher than projected a few short months ago. However, that doesn't mean Oregon's economy is out of the woods yet. Oregon's 6.8 percent unemployment rate continues to be significantly higher than that of the national average of 5.6 percent. And that gets to the heart of why I have introduced this bill providing a second, though significantly reduced, round of State fiscal relief. It is clear to me that States still need help. They need help meeting the increased obligations that come during economic downturns and recoveries. And while our nation's economy is improving, which is due in large part to the President's leadership last year when he challenged Congress to pass an economic stimulus package, it has not yet fully recovered. So more must be done to protect the programs that people turn to when they are in need, programs like Medicaid. Now I know some will argue that last year's money was wasted, that it didn't do anything to boost the nation's economy. They might even cite a recent report released by the General Accounting Office that said as much. Well, I have to question how $10 billion in funding that went to the nation's largest health care program didn't result in a positive outcome. Health care is approximately a $1.6 trillion industry in the United States and in 2003 it was the second largest employment sector in the country--the fourth largest in Oregon. When you consider the significance of this industry on our nation's economy it seems unlikely that the government's effort to forestall program cuts in Medicaid, the largest health care program, would not have a positive effect on our economy. Certainly, if you think about large corporations that have millions, even billions, of dollars in revenue each year this money may not mean much. But I can tell you, to the beneficiaries and small providers in Oregon, like the Community Health Centers, this infusion of federal funding prevented significant cuts to their Medicaid benefits and reimbursement rates. Now States, just as they are starting to see their economies recover and are realizing increased income tax revenue, are faced with the prospect of losing all of this Federal assistance. That is why I have introduced this bill, because I understand the benefit to state economies that results from an extension of this temporary financial assistance. We are almost there, but I believe more assistance is needed and I look forward to working with my colleagues to pass this bill and help our states weather this economic storm.

Mr. SMITH

Mr. SMITH. Mr. President, I am pleased to join my colleague from West Virginia, Senator Rockefeller, in offering such an essential piece of legislative. This bill will extend a portion of the short-term assistance package that Congress provided to States and territories last May, because as most of our constituents realize, our economy may have rebounded, but prosperity has not reached all Americans. This proposal will continue to help States fund Medicaid, one of their most critical and also most expensive programs. The bill also provides funding necessary to ensure that Congress meets its commitment to help states transition seniors into the new Medicare prescription drug benefit program. I am quite certain this proposal will be controversial. On the one hand, many people who represent seniors and other vulnerable populations that receive their health care through the Medicaid and Medicare programs will argue that this bill does not provide enough help to states to prevent programs and benefit cuts. On the other hand, many of my colleagues will complain that the federal government already provided $20 billion in fiscal assistance last year through the economic stimulus package. In developing this bill, I tried to take an approach that balanced the concerns expressed by both sides. I agree that state economies are recovering and that they do not need an additional $20 billion in federal assistance. In my home State of Oregon, unemployment is dropping and State income tax receipts are higher than projected a few short months ago. However, that doesn't mean Oregon's economy is out of the woods yet. Oregon's 6.8 percent unemployment rate continues to be significantly higher than that of the national average of 5.6 percent. And that gets to the heart of why I have introduced this bill providing a second, though significantly reduced, round of State fiscal relief. It is clear to me that States still need help. They need help meeting the increased obligations that come during economic downturns and recoveries. And while our nation's economy is improving, which is due in large part to the President's leadership last year when he challenged Congress to pass an economic stimulus package, it has not yet fully recovered. So more must be done to protect the programs that people turn to when they are in need, programs like Medicaid. Now I know some will argue that last year's money was wasted, that it didn't do anything to boost the nation's economy. They might even cite a recent report released by the General Accounting Office that said as much. Well, I have to question how $10 billion in funding that went to the nation's largest health care program didn't result in a positive outcome. Health care is approximately a $1.6 trillion industry in the United States and in 2003 it was the second largest employment sector in the country--the fourth largest in Oregon. When you consider the significance of this industry on our nation's economy it seems unlikely that the government's effort to forestall program cuts in Medicaid, the largest health care program, would not have a positive effect on our economy. Certainly, if you think about large corporations that have millions, even billions, of dollars in revenue each year this money may not mean much. But I can tell you, to the beneficiaries and small providers in Oregon, like the Community Health Centers, this infusion of federal funding prevented significant cuts to their Medicaid benefits and reimbursement rates. Now States, just as they are starting to see their economies recover and are realizing increased income tax revenue, are faced with the prospect of losing all of this Federal assistance. That is why I have introduced this bill, because I understand the benefit to state economies that results from an extension of this temporary financial assistance. We are almost there, but I believe more assistance is needed and I look forward to working with my colleagues to pass this bill and help our states weather this economic storm.

Mr. SMITH

Mr. SMITH. Mr. President, today I am submitting a resolution to commemorate the 60th anniversary of the Warsaw Uprising. For those who are not familiar with the details of this remarkable event, this anniversary provides an opportunity to recognize the bravery and heroism of those Polish citizens who revolted against their brutal Nazi occupiers. The Warsaw uprising began on August 1, 1944, when the Polish Home Army launched an attack on the German forces occupying Poland. At the time, the German army was retreating from the Soviets after its defeat on the eastern front, and the Poles recognized that the presence of the Soviet army on the outskirts of Warsaw represented a grave threat to the country's future. If they could liberate the city from the Germans and establish an independent government before the Red Army's entry, they felt their freedom might be preserved. Although the Home Army took control of most of the city within a few days, the Germans were determined to defend Warsaw and sent in massive reinforcements to crush the uprising. The fighting raged for 63 days, despite the fact that the Polish contingent had limited weapons and were facing German tanks, planes, and artillery. Additionally, the Soviet Union refused to allow American or British planes access to the airfields it controlled. Thus, ammunition and relief supplies could not be flown to the Polish resistance. In Stalin's view, allowing the Germans to suppress the uprising would result in the destruction of the anti-Soviet leadership of Poland, therefore paving the way for eventual Soviet control. Germany's superior firepower eventually prevailed, as we all know. The Germans crushed the Polish forces and leveled the city as an example to the rest of Europe. Eighty-five percent of the city was razed, the Polish Home Army was annihilated and approximately 250,000 people, including tens of thousands of civilians, were summarily executed. Had events turned the other way, Warsaw would have been the first European capital liberated from the Nazi regime. Instead, Poland suffered under nearly fifty years of communist domination. Senator Mikulski joins me in submitting this resolution today in an effort to honor those brave Polish citizens who fought so valiantly for their freedom. Considering the conflict between the United States and the Soviets over assisting the Polish resistance, the Warsaw Uprising can fairly be considered as one of the first battles of the Cold War.