Gordon Smith

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to pay tribute to Mark Levin, who is celebrating his 25th year with the NCSJ. In his time with NCSJ, Mark Levin has accomplished a great deal. A consummate professional, Mark has spent 25 years moving through the ranks from a professional staffer all the way to executive director. As the mandated central coordinating agency of the organized Jewish community on behalf of the estimated 1.5 million Jews of the former Soviet Union, the NCSJ comprises nearly 50 national organizations and over 300 local federations, community councils, and committees. Mark has represented NCSJ at conventions, summits, and also here in the Halls of Congress. A distinguished scholar and policy expert, Mark is unmatched in his knowledge of the Soviet Jewry, and he was instrumental in restructuring NCSJ's tactics following the breakup of the Soviet Union. But while Mark's resume is overflowing with remarkable accomplishments, it is the relationships that he has forged over the years that are his finest achievements. For 25 years, Mark has been more than an advocate--he has been a friend. It is those friendships that have made his time with NCSJ special. They are what have taken him from merely influencing policy to significantly impacting people's lives. And it is those friendships that have brought us all together to honor Mark for 25 outstanding years of service. With that, I would like to thank NCSJ for an opportunity to speak on behalf of Mark, and I would like to offer my thanks and my congratulations to an outstanding colleague and an even better friend, Mark Levin.

Mr. SMITH

Mr. SMITH. Madam President, I would like to express my support for compromise on reforming the ``death'' tax. I have always been a supporter of full repeal of the estate tax. However, the votes are simply not there. For America, small businesses, farmers, and others to get the full benefit of estate planning, they need to have something permanent--and not something that is suspended in 2010. Therefore, it is critical that we come together and support a compromise on the estate tax. I believe that the greatest issue with the estate tax relates to small businesses. In many instances, upon the death of the owner, the family needs to sell its business in order to stay in business. This is not good for our economy. It is important to remember that these earnings which go toward someone's net worth are earnings that if left in the economy would create jobs. In fact, the Heritage Foundation estimates that repeal of the estate tax could produce 240,000 new jobs per year. In my home State of Oregon, repeal would create over 3,000 new jobs. Clearly, these dollars would do far more good for our economy if they are used for employing people and investing in plants and equipment than if you take them into the Government and redistribute them through Washington. Small business owners are out there taking the risks--and I believe they should be left with the rewards. When running a small business, there is no set calendar which guarantees you vacation or even weekends off. You are working all the time--even Christmas. Owning a small business is a hard way to go, but it is also a great way to go if you have the stamina for it. I applaud all small business owners. They are the spark plugs of the American dream. Unfortunately, they tend to be underappreciated in the halls of government. But small businesses are central to the progress of our country. The compromise package that seems to have the most support would increase the exemption limit to $5 million. Estates valued over $5 million but less than $30 million would be taxed at the capital gains rate of 15 percent--and estates over $30 million would be taxed at 30 percent. I think this is a reasonable approach. If your estate is over $30 million, you are at a place where you can hire the expensive lawyers and purchase the insurance policies. Basically, you can plan for the next generation in ways that smaller businesses frankly find befuddling and counterproductive to their continued employment and operation of their business. Some argue that the estate tax is important because it redistributes income between generations. But is it really the Government's business to redistribute income? My own sense is that it is better for the economy if you leave the assets at home--with small businesses and with families. In my opinion, the best redistributer of income and inherited wealth is freedom. Usually third generations will do very well or horribly--thereby redistributing income through freedom. Lots of people also argue that very few estates are subject to the estate tax today--and they are right. In Oregon, only about 400 estates were subject to the estate tax in 2004. However, the reason that lots of estates don't pay the tax is because they are expending an extraordinary amount of money on insurance policies, lawyers, estate planners, and accountants to try to get around it. These extra fees are the equivalent of a tax for owners of small businesses and farms that need to plan ahead to avoid the tax. Secondly, I believe these resources are better spent plowing them back into businesses and investments that are more productive than just accounting and lawyering. It is time to put the death tax to rest. I believe that reasonable people should be able to live with compromise. It will provide certainty to small businesses and allow them to keep the rewards of their hard work. I urge all of my colleagues to support a compromise on the death tax.

Mr. SMITH

Mr. SMITH. Mr. President, I rise to recognize a bittersweet occasion: the 25th anniversary of the first reported AIDS case. June 5 will forever be a day to reflect upon the lives that have been impacted by the HIV/AIDS virus and the significant progress we have made in its detection, control, and treatment. While much ground has been gained over the last quarter of a century, there remains a great deal of work to be done. That is why I stand today to pledge a sustained commitment to the global fight against HIV/AIDS--a fight that we cannot abandon until and effective cure is discovered. Twenty-five years ago, Dr. Michael Gottlieb with the UCLA Hospital reported an extremely rare pneumonia in five young gay men to the Centers for Disease Control and Prevention, CDC. One of these men, named ``Chuck,'' was from Oregon. Unbeknownst to Dr. Gottlieb, this seemingly insignificant incident ultimately evolved into one of the most significant health events of the modern era. It was 3 years later that the cause of this mysterious outbreak of pneumonia was attributed to the Human Immunodeficiency Virus, HIV. Sadly, for ``Chuck'' this discovery was made too late; he passed away shortly after he fell ill. Since 1981, an estimated 25 million individuals have died from the AIDS virus worldwide. What is even more alarming is that 16,000 new cases of HIV are diagnosed every day, quickly adding to the 40 million people who have already contracted the virus. Statistics such as these are disheartening given the scientific and medical progress we have made since the first cases of the illness were reported. In the United States, an estimated 1.039 million to 1.185 million people were living with HIV at the end of 2003, a 20-percent increase over the estimated number of cases at the end of 2002. While the number of persons with HIV in Oregon is small relative to other States, we nevertheless saw an 85-percent increase in the number of HIV-reported cases between 2002 and 2003. Not since the height of the AIDS epidemic in the 1980s has there been so many Americans living with this terrible illness. Congress has a great opportunity to further the domestic fight against HIV/AIDS this year. Reauthorization of the Ryan White CARE Act currently is underway, and I am confident that the House and the Senate can pass a bill by the end of this Congress that improves the scope and quality of services provided to those living with HIV/AIDS. As deliberations continue, it is important that we focus upon improving the equitable distribution of resources to States, municipalities, and community-based organizations, and that we not arbitrarily restrict their ability to provide the best care possible to those who need it. Nonprofit groups such as Cascade AIDS in Portland, OR, rely upon Ryan White CARE funds to offer a wide-range of both medical and social support services, like emergency housing and nutritional assistance. We must ensure that the changes we make to the CARE Act strengthen--not harm--the ability of organizations like Cascade AIDS to serve those living with HIV/AIDS. As we move forward with the annual appropriations process, it is important that we provide a much needed increase in funding to all Ryan White CARE Act programs, but especially the AIDS Drug Assistance Program, ADAP. A key component to the defense against HIV/AIDS is access to cutting-edge pharmaceutical treatments. These lifesaving medications are often so expensive that they remain out of reach to low-income and uninsured individuals. ADAP bridges that gap and provides antiretroviral drugs and important medical care to over 150,000 people each year. Unfortunately, ADAP's historical underfunding has accumulated to a point where almost $200 million is needed to meet outstanding need in the program. Congress must commit the necessary resources to meet the entire demand for ADAP's services. We cannot afford to lose the ground we have gained in the fight against HIV/AIDS by restricting access to critical pharmaceutical treatments. As successful as ADAP has been at keeping individuals healthy and productive, critical gaps in our approach to HIV treatment and prevention remain. For example, HIV positive individuals have access to treatment under Medicaid only after they have developed full-blown AIDS. To remedy this oversight, I introduced the Early Treatment for HIV Act, ETHA, S. 311, along with Senator Hillary Clinton. By providing access to HIV therapies and important medical care before such persons develop AIDS, ETHA would reduce overall Medicaid costs and, as important, improve the quality of life of those living with the virus. I ask my colleagues to consider this legislation before the end of this session of Congress, so we can begin saving lives and dollars by increasing access to more effective and efficient HIV/AIDS medical care. We have much to be proud of on the 25th anniversary of the first reported AIDS case. The virus responsible for the epidemic has been identified; appropriate treatments have been developed as a result of innovate medical research; and governments and other organizations across the globe have committed significant resources to the continued fight against the disease. I am confident that in the near future we will be able to commemorate this day by celebrating the eradication of the pain and suffering that has been caused by HIV/AIDS since its discovery.

Mr. SMITH

Mr. SMITH. Mr. President, on rollcall vote 140, I was recorded as voting nay. My intention was to vote yea. Therefore, I ask unanimous consent that I be permitted to change my vote since it will not affect the outcome.

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 June 9, 2005, Dwan Prince, a gay man, was attacked by his neighbor Steven Pomie near his Brooklyn, NY, home. During the attack, Pomie shouted antigay slurs as he punched and kicked Prince in the head until he was unconscious. According to police, Pomie knew that Prince was a gay man prior to 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 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 May 16, 2006, a 20-year-old Washington, DC, lesbian died after being shot in the head in what appears to have been a hate crime. Crystal Smith died shortly before midnight when two unidentified men opened fire on her while standing on a street corner in Southeast Washington, DC. According to reports, the police department's Gay and Lesbian Liaison Unit is assisting in the investigation. The fact that Smith was shot in the head makes it appear more likely that she was targeted. 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 Committee on Health, Education, Labor, and Pensions, Subcommittee on Retirement Security and Aging, be authorized to hold a hearing during the session of the Senate on Tuesday, May 16, 2006 at 10 a.m. in SD-430.

Mr. SMITH. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on May 16, 2006, at 2 p.m., to conduct a hearing on the ``Role of Hedge Funds in our Capital Markets.''

Mr. SMITH. Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet Tuesday, May 16, 2006, at 9:30 a.m. in Room 226 of the Dirksen Senate Office Building. Witness List Panel I: Anita S. Earls, Director of Advocacy, University of North Carolina Center for Civil Rights, Chapel Hill, North Carolina; Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law, and Associate Dean for Research and Academics, Stanford University School of Law, Stanford, California; Keith Gaddie, Professor, Department of Political Science, University of Oklahoma, Norman, Oklahoma; Theodore S. Arrington, Chair, Department of Political Science, University of North Carolina, Charlotte, Charlotte, North Carolina; and Richard H. Pildes, Sudler Family Professor of Law, New York University School of Law, New York, New York. select committee on intelligence

Mr. SMITH. Mr. President, I ask unanimous consent that the Senate Committee on Commerce, Science, and Transportation be authorized to meet on Tuesday, May 16, 2006, at 10 a.m., on the Transportation Security Administration's Transportation Worker Identification Credential--TWIC--Program.

Mr. SMITH. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Tuesday, May 16 at 10 a.m. The purpose of this hearing is to receive testimony regarding the status of the Yucca Mountain Repository Project within the Office of Civilian Radioactive Waste Management at the Department of Energy.

Mr. SMITH. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on May 16, 2006 at 10:30 a.m. to hold a confirmation hearing on Kenneth Wainstein to be Assistant Attorney General for National Security.

Mr. SMITH. Mr. President, I ask unanimous consent that the Subcommittee on National Parks of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Tuesday, May 16, at 2:30 p.m. The purpose of the hearings is to receive testimony on the following bills: S. 1686, a bill to amend the Constitution Heritage Act of 1988 to provide for the operation of the National Constitution Center; S. 2417 and H.R. 4192, bills to authorize the secretary of the Interior to designate the President William Jefferson Clinton birthplace home in Hope, Arkansas, as a national historic site and unit of the National Park System, and for other purposes; S. 2419 and H.R. 4882, bills to ensure the proper remembrance of Vietnam Veterans and the Vietnam War by providing a deadline for the designation of a visitor center for the Vietnam Veterans Memorial; S. 2568, a bill to amend the National Trails System Act to designate the Captain John Smith Chesapeake National Historic Trail; S. 2627, a bill to amend the Act of August 21, 1935, to extend the authorization for the National Park System Advisory Board, and for other purposes; and S. Res. 468, a resolution supporting the continued administration of Channel Islands National Park, including Santa Rosa Island, in accordance with the laws (including regulations) and policies of the National Park Service.

Mr. SMITH. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, May 16, 2006, at 9:30 a.m. to hold a hearing on Energy Security and Oil Dependence.

Mr. SMITH. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Tuesday, May 16, 2006, at 10 a.m., in 215 Dirksen Senate Office Building, to consider the nomination of Susan C. Schwab to be United States Trade Representative, with the rank of Ambassador Extraordinary and Plenipotentiary, Executive Office of the President, vice Robert J. Portman.

Mr. SMITH. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on May 16, 2006, at 10 a.m., to conduct a hearing on the nominations of Mr. James Lambright, of Missouri, to be President, Export-Import Bank of the United States; Mr. Armando J. Bucelo, Jr., of Florida, to be a member of the Board of Directors of the Securities Investor Protection Corporation; Mr. Todd S. Farha, of Florida, to be a member of the Board of Directors of the Securities Investor Protection Corporation; Mr. Jon T. Rymer, of Tennessee, to be Inspector General, Federal Deposit Insurance Corporation; Mr. John Cox, of Texas, to be Chief Financial Officer, U.S. Department of Housing and Urban Development; and Mr. William Hardiman, of Michigan, to be a member of the Board of Directors of the National Institute of Building Sciences.

Mr. SMITH. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet in Open Executive Session on Tuesday, May 16, 2006, to review and make recommendations on proposed legislation implementing the U.S.-Oman Free Trade Agreement.

Mr. SMITH. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet in Open Executive Session on Tuesday, May 16, 2006, in 215 Dirksen Senate Office Building, to consider favorably reporting the nomination of W. Ralph Basham, of Virginia, to be Commissioner of Customs, Department of Homeland Security, vice Robert C. Bonner, resigned.

Mr. SMITH

Mr. SMITH. Mr. President, it is an honor to be here today, a special day for me, I know for my brother, and all of our family. Let me begin my remarks by expressing to Senator Feinstein and Senator Boxer my heart felt appreciation for their kind words about my big brother. Let me tell them what a pleasure it has been to work with them on coming to this hour in which the Senate will vote on his confirmation. I would be remiss if I also did not give special thanks to Senator Frist and Senator Reid, the leaders of this Senate, for their courtesy to me in making this moment possible. Also, to Senator Specter and Senator Leahy, Senator Hatch who chaired the hearing for my brother, all have been his champions, as well, in this very difficult process. Finally, most profoundly I thank President Bush for his confidence in my brother, for his courtesy to my family, and to all of his staff, specifically Harriet Miers, who have been wonderful throughout this journey. I am profoundly thankful to them. I have been in this Senate now for a decade. There are times when I feel a certain electricity, a certain excitement to be here. As I reflect upon my memories of service and the hundreds of votes I have cast, some stand out more than others. But those that stand out most for me are those occasions when we watch the operation of the Constitution of the United States. This is one of those moments. Those special times are when the branches of our Government come together and we watch the Constitution literally in operation. What I am talking about in a broader sense is the rule of law. The rule of law stands in great contrast to the rule of man. The rule of man has been responsible for much of the blood and carnage and horror on this Earth. But it is the rule of law, however imperfect it is, to which we are all bound and to which we are all obligated to give obedience. The rule of law--equal protection, due process--involves principles which, fortunately, we in America are able to take for granted in large measure but which are at the center of a good and decent society that the American people have created in this country. Today we are watching the three articles of the Constitution in play. Article I establishes the Congress, specifically, the Senate, charged with providing advice and consent on nominations to the courts. Article II, the President has nominated Milan D. Smith, Jr., for this position on the Ninth Circuit. Article III is about the court's responsibility in dispensing equal protection and due process of law. This is one of those moments when these three branches of Government intersect in the Senate. For me, it is a very special moment, not just because of my responsibilities as a Senator, my understanding of the Constitution, but because it is a profoundly proud moment for my family. I could speak about my brother in many contexts. My colleagues from California have done that already. I could speak of our mother, Jessica Udall Smith, who is the descendent of David King Udall, who is one of the drafters of the Arizona State Constitution. I could speak of our grandfather, Jesse Udall, who was the chief justice of the Arizona Supreme Court for many decades. I could certainly speak of the heritage we received from our father, Milan D. Smith, and his service in the Eisenhower administration, his many discussions with us about politics, and the importance of public service. What I could also speak about is Milan's preparation. His academic credentials are sterling. I could speak about his studies at Brigham Young University, the University of Chicago Law School, and I could say many things that would make clear about him and to others his preparation for this moment in this great position. But what I will do is share with you, the whole Senate, what I wrote about my brother in introducing him to the Judiciary Committee. I only quote a part of it: Milan, Jr., is the eldest child of Milan Dale and Jessica Udall Smith's ten children. I am the eighth in that number and Milan's youngest brother. In my 54 years of life, Milan has been an example and force for good in our family, and, since the death of our parents, has been truly a family leader and friend to us all through times of tears and cheers. For as far back as my memory serves, I have been witness to a concourse of people who have sought him out for his wisdom and judgment, for counsel and comfort on matters great and small. These have included my parents, myself, and all of my brothers and sisters, cousins, and kinsman from far and wide, his own six children, and of course, his legions of legal clients over many decades. Without respect of persons, he has been a wise friend and a good shepherd to all. His academic preparations and provident life speak for themselves. But, in sum, what I can say is that he is one of the wisest men I have ever known. He has an understanding heart, a heart for judgment, he is possessed of the spirit of discernment, between good and bad, right and wrong, the just and the unjust. I cannot think of a time or a court, when a man of his quality and preparations are more sorely in need than this one, at this time, in our time. Mr. President, I am honored to be here today to speak about my big brother. I urge his confirmation to the Ninth Circuit Court of Appeals. That brings us to the point where it is my privilege to ask for the yeas and nays on behalf of Milan Dale Smith, Jr. I yield the floor.

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. In the summer of 1988 in Orange County, CA, a group of six youths went on a spree of beatings that police say was targeted at gay men. Robert Joyce testified that while walking along a stretch of coast popular to gay people, he was attacked by the youths. According to police reports, Joyce was beaten for several minutes, including being hit in the head with a 2-inch metal pipe. He required 80 stitches to mend his wounds. During the attack the attackers yelled, ``Kill him! kill him! kill the faggot!'' The group of youths attacked several other gay men in the area before being apprehended by police. 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 had first like to thank Chairman Grassley for all of his hard work and leadership on the tax reconciliation bill. He represented the Senate well during sometimes difficult negotiations on this bill. Because Chairman Grassley stuck to his principles, we have a better bill today. I am very pleased to vote today for the Tax Increase Prevention and Reconciliation Act of 2005. Enactment of this bill is beneficial for all Americans. It will help America sustain its economic strength and allow all Americans to keep more of their hard earned money in their own wallets. One of the key provisions of the tax reconciliation bill extends the tax cuts on dividends and capital gains through 2010. We've heard a lot of chatter in the media, and frankly from the other side of the aisle, that the investment tax cuts only benefit the wealthy. However, that's simply not the case. The investment tax cuts benefit all Americans-- even those in the lowest income brackets. Let's just look at the hard facts. Out of the nearly 20 million Americans who reported taxable dividends in 2003, more than 36 percent made less than $50,000--and more than 70 percent made less than $100,000. Similarly, of the 7 million who reported taxable capital gains, more than one-third were taxpayers with income of less than $50,000 and two-thirds were taxpayers with income of less than $100,000. We find the same trends in my home State of Oregon. Over 60 percent of Oregon families claiming income from dividends made less than $75,000--and 20 percent made $30,000 or less. Middle income Oregonians also benefit from the lower capital gains rate. Almost three-fourths of Oregonians claiming capital gains income made less than $100,000--and a fourth had income under $30,000. Beyond putting money back into Americans' wallets, the recent tax cuts, including the investment tax cuts, have played a major role in strengthening our economy--and enactment of the tax reconciliation bill will assist in continuing this growth. According to virtually every economic indicator, the U.S. economy is thriving. Our economy grew at a 4.8-percent rate in the first 3 months of 2006, the fastest pace in the last three years. This follows economic growth of 3.5 percent in 2005, which was faster than any other major industrialized nation. In addition, we have an unemployment rate of 4.7 percent, which is below the average rate for each of the past four decades. The recent tax cuts also have helped strengthen Oregon's economy. Although our economy still lags behind the Nation, Oregon's unemployment rate has fallen to 5.5 percent from 6.2 percent 1 year ago. Another important component of this bill is the AMT relief. The original purpose of the AMT was to ensure that taxpayers with substantial income could not avoid tax liability by using exclusions, deductions and credits. However, because the AMT was never indexed for inflation, an increasing number of middle-income families have become subject to the tax. Thanks to this bill about 15 million middle-income Americans will not be subject to the AMT in 2006. Finally, I am very pleased that two issues that I have worked on legislatively were included in the tax reconciliation bill. First, in line with my bill, the American Veterans Homeownership Act of 2005, Oregon's qualified veterans' mortgage bond program will be expanded. Under current law, Oregon can issue tax-exempt bonds, the proceeds of which can be used to finance mortgage loans to veterans. However, due to current limitations, veterans of Operation Iraqi Freedom, Operation Enduring Freedom, Kosovo, Bosnia, Haiti, Somalia and the 1991 Persian Gulf War are not eligible. The tax reconciliation bill eliminates this limitation allowing more veterans to take advantage of these low-cost home loans. In addition, the tax reconciliation bill extends for 2 years the increased amount that small businesses may expense. Although this provision doesn't go as far as my proposal in the Tax Depreciation, Modernization, and Simplification Act of 2005, which would make small business expensing permanent, it is a good first step. Small businesses are the heart of our economy. This important provision encourages investment by small businesses--and provides administrative simplification. I urge all of my colleagues to support this important legislation.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to engage in a colloquy with the majority leader, the Senator from Tennessee, regarding the reauthorization of the Secure Rural Schools and Community Self- Determination Act of 2000. This program is critical to bridge the gap in my State and others between what was, what is, and what will be the management direction of Federal forests. For nearly 100 years, counties across the country have shared in the productivity of Federal lands. They have received 25 percent of revenues derived from commercial activity on Forest Service lands, and under a separate statute--50 percent of BLM revenues derived from the O & C lands of western Oregon. In areas that are dominated by Federal forests, these revenues also dominate county government budgets--budgets that pay for public schools, road maintenance and public safety. This issue is not one of permanently replacing forest productivity with a Government check. While I am a lead proponent of the safety net, which was not intended to be permanent, I have also tried very hard to restore common sense, predictability and productivity to the management of Federal forests. These lands are both ecological and economic assets that must be treated better. Unfortunately, that day has not yet arrived. That is why we created a safety net in 2000. That is why we also passed the Healthy Forests Restoration Act. That is why we must consider dealing with postcatastrophic event legislation, why we must continue funding the Forest Service and BLM forest management programs and do the other things that are needed to create real jobs in the woods and return viability to rural communities. Again, the day when forests are ecologically and economically sustainable has not yet arrived. What has arrived is an impending disaster if the county payments safety net is not extended. Oregon counties are not alone facing the hard times. Places such as Clearwater County, ID; Chelan County, WA; and Siskiyou County, CA, will also be devastated by failure to make a short-term extension of the Secure Rural Schools Act. A commitment from the majority leader to work with me to identify offsets for an extension of the Secure Rural Schools Act will embolden our efforts and reassure rural counties in my State that this issue is of the utmost importance to the Senate.

Mr. SMITH. I appreciate the commitment of the Senator from Tennessee to help identify the needed offsets to extend the Secure Rural Schools program and look forward to working with him closely in the coming weeks. I also thank the chairman of the Finance Committee for his consideration of this issue.

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 March 10, 2006, in Holland, MI, Jason Burns, a student at Hope College, was attacked leaving the campus library. Burns, a well-known gay rights advocate, frequently held lectures on homophobia after his freshman roommate moved out because of Burns' sexuality. While leaving the library a group of students attacked Burns, striking him multiple times and yelling homophobic epithets. 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. On March 7, 2006, in New York, NY, Victor Lopez and David Andrade were sentenced separately to 8 years in prison for their involvement in a series of beatings that targeted gay men. Lopez and Andrade would pick up gay men, then beat and rob them. According to police, these attacks were motivated by the victims sexual orientation. 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.