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 November, 9, 1996, Alan Fitzgerald Walker was murdered in his home in Fayetteville, AR. The tires on his car were slashed and anti-gay notes were written on the doors of the vehicle. Prosecutors say Adam Blackford and Yitzak Marta met Walker outside of a gay night club and murdered him. Marta testified at Blackford's trial that the motivation for this crime was the victim's 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.

Mr. SMITH

Mr. SMITH. Mr. President, in the mid 1950s, Harry and Bertha Holt of Eugene, OR, saw a film about children in Korean orphanages who were in desperate need of help. Touched by what they saw, the Holts sent money and clothes to the orphanages, but they still felt the need to do more. As they thought and prayed about what to do, it dawned on the Holts that what the children needed more than money and clothes were families. So Harry and Bertha decided to provide that family. They decided to adopt eight Korean children. No matter what roadblocks were placed in the way of that decision--including the need to get Congress to pass a special law--the Holts persevered. Soon they were the parents of eight new sons and daughters. The adoption was revolutionary. Previously, adoption was regarded as something to be kept secret. The Holts, however, proudly adopted children who were obviously not their birth children. In doing so, they showed that a family's love is greater than barriers of race and nationality. But the Holts story did not end with the adoption of their children. As word spread about what they had done, others sought their advice and asked how they could adopt. Just 5 months after bringing his new family home, Harry headed back to Korea to match other children with new families. In 1956, financed almost entirely by Harry and Bertha's personal funds, Holt International was born. Fifty years have now passed since Holt International was officially incorporated. Harry and Bertha are no longer with us. But their dream lives on. Today, Holt is the Nation's largest adoption agency, having united nearly 40,000 children with adoptive families in the United States. It is simply impossible to calculate how much happiness and joy have been brought into the life of those children and, in return, how much happiness and joy they have provided for their families. As a U.S. Senator from Oregon, which continues to be home to the headquarters of Holt International, and as the father of three adopted children, I am privileged to rise today to extend my congratulations-- and I know the congratulations of the entire Senate--to Holt on the occasion of their 50th anniversary. I stand ready to help them in any way possible as they continue their inspiring mission in the years ahead. Mr. President, I will conclude with the eloquent words of Bertha Holt, who said, ``All children are beautiful when they are loved.'' May all children be as blessed as those adopted by the Holts.

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, 29, 2006, in San Diego at an annual gay pride festival 3 gay men were assaulted. During the festival, 3 men with baseball bats began yelling anti-gay remarks and a fight broke out. Two of the victims were hit in the head with a baseball bat and a third victim was stabbed. In the past 32 years the annual gay pride festival has often been the focus of anti-gay protesters, many times leading to violence. 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 December 6, 2003, in Largo, FL, William McHenry was stabbed to death by Lucas McCauley. McCauley, a straight man, followed McHenry home from Club Z109, a bar that caters to gay and transgendered people. After arriving at his home, McHenry was attacked and stabbed by McCauley. According to police, the motivation for the attack was the victim's 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.

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 8, 2006, in Savannah, GA, David Bennett was attacked by five men outside a local gay bar. According to police, Sidney Swift, one of the alleged attackers, made several antigay remarks towards Bennett while in police custody. Swift's motivation for attacking Bennett was based solely on his 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.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to congratulate Oregon's Murrayhill 11 and 12-year-old Little League All-Star team. They recently placed second in the U.S. Little League World Series Championship, and third in the World Little League Championship. On August 26, 2006, at Howard J. Lamade Stadium in South Williamsport, PA, Murrayhill capped a remarkable postseason, losing the United States Championship to Columbus Northern Little League from Georgia. Murrayhill was the first Oregon team in 48 years to qualify for the Little League World Series, and the first to ever reach the U.S. Championship game. On their road to the championship, they won the District 4, Oregon State, and Northwestern Regional Baseball Tournaments. Murrayhill displayed great heart, outstanding teamwork, dedication, resilience, character, and sportsmanship throughout the tournament while achieving one of the highest honors in Little League Baseball. This team of 11 and 12-year-olds brought pride to the State of Oregon with their remarkable run during this year's postseason. I ask my colleagues to join me in congratulating all the players involved in a hard-fought U.S. Little League World Series.

Mr. SMITH

Mr. SMITH. Mr. President, today, I am taking a parliamentary step to, in effect, reintroduce S. 3815, a bill I sponsored with Senator Lincoln, that would improve access to and quality of long-term care. By doing this, we are removing a provision from the original text of the bill that we did not intend, nor agree, to include in our legislation. Due to human error, a provision entitled ``Liability Acts of Abuse Committed by Employees'' was incorrectly included in text of the bill that I introduced with Senator Lincoln on August 3, 2006.

Mr. SMITH

Mr. SMITH. Mr. President, I suggest the absence of a quorum.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce the ``Bringing Opportunity to Our Small Business Taxpayers Act,'' or ``BOOST Act.'' I am pleased to be joined by my colleague Senator Blanche Lincoln of Arkansas. Small businesses represent over 99 percent of all employers and create approximately three-fourths of the new jobs added to the economy. The approximately 23 million small businesses truly are the backbone of our economy. However, this important engine of job creation and growth for our economy is subjected to unnecessary and unfair financial burdens inflicted by Federal tax policy and other laws. My bill will extend expensing provisions, eliminate tax inequities and encourage retirement plans for small businesses, as well as provide a health insurance tax deduction for the self-employed. Current law allows small businesses to expense up to $100,000 of the cost of property per year and invest up to $400,000 per year and still be eligible for expensing. My bill will make these expensing provisions, which are set to expire in 2009, permanent. My legislation also addresses inequitable provisions in the law that affect the approximately 3.2 million S-corporations in the United States. Today, businesses that convert from C-corporation to S- corporation status are penalized for a period of ten years if they sell assets that were held prior to the conversion, even if the proceeds are driven right back into the business. By reducing the holding period subjected to built-in gains tax from ten years to seven years, S- corporations will be able to unload unneeded assets and improve cash flow and create more jobs. Known as the ``sting tax,'' S-corporations that have converted from C-corporation status are taxed at the maximum corporate tax rate for passive investment income in excess of 25 percent of their gross receipts. This law is burdensome and unfair and needs to be revised. My bill will decrease the amount of income subjected to the tax. The adjustment will relieve S-corporations from an unnecessary tax burden and level the playing field with C-corporations and LLCs. Saving for retirement is important for all Americans and access to retirement plans is critical in order to build wealth for an individual's golden years. Unfortunately, high costs and taxes discourage many small businesses from providing retirement plans to their employees. Through tax equity and tax credit measures, my bill encourages small businesses to offer retirement benefits to employees so they will have the necessary tools to prepare for their financial future. I look forward to working with my colleagues on issues affecting small businesses and urge their support of my legislation. 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 introduce the ``Bringing Opportunity to Our Small Business Taxpayers Act,'' or ``BOOST Act.'' I am pleased to be joined by my colleague Senator Blanche Lincoln of Arkansas. Small businesses represent over 99 percent of all employers and create approximately three-fourths of the new jobs added to the economy. The approximately 23 million small businesses truly are the backbone of our economy. However, this important engine of job creation and growth for our economy is subjected to unnecessary and unfair financial burdens inflicted by Federal tax policy and other laws. My bill will extend expensing provisions, eliminate tax inequities and encourage retirement plans for small businesses, as well as provide a health insurance tax deduction for the self-employed. Current law allows small businesses to expense up to $100,000 of the cost of property per year and invest up to $400,000 per year and still be eligible for expensing. My bill will make these expensing provisions, which are set to expire in 2009, permanent. My legislation also addresses inequitable provisions in the law that affect the approximately 3.2 million S-corporations in the United States. Today, businesses that convert from C-corporation to S- corporation status are penalized for a period of ten years if they sell assets that were held prior to the conversion, even if the proceeds are driven right back into the business. By reducing the holding period subjected to built-in gains tax from ten years to seven years, S- corporations will be able to unload unneeded assets and improve cash flow and create more jobs. Known as the ``sting tax,'' S-corporations that have converted from C-corporation status are taxed at the maximum corporate tax rate for passive investment income in excess of 25 percent of their gross receipts. This law is burdensome and unfair and needs to be revised. My bill will decrease the amount of income subjected to the tax. The adjustment will relieve S-corporations from an unnecessary tax burden and level the playing field with C-corporations and LLCs. Saving for retirement is important for all Americans and access to retirement plans is critical in order to build wealth for an individual's golden years. Unfortunately, high costs and taxes discourage many small businesses from providing retirement plans to their employees. Through tax equity and tax credit measures, my bill encourages small businesses to offer retirement benefits to employees so they will have the necessary tools to prepare for their financial future. I look forward to working with my colleagues on issues affecting small businesses and urge their support of my legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, since I have been a U.S. Senator, I have been an advocate of what is known as the tip credit. I have always urged for the tip credit to be included in increases in the minimum wage. In no way have I done this to try to lower someone's wage, but to try to help employers and restaurants to keep their doors open and increase job growth. We are debating, among other things, the minimum wage-death tax compromise. It has come to my attention that some of our friends in the Chamber are trying to construe the tip credit in a way that I believe is very tortured and, frankly, very wrong. So I have come to the Chamber today to try to explain and alleviate anybody's fears as to what the effect of this law is to be. Let me make clear what the language of the bill is. It says: A worker cannot be paid less than the cash wage paid such employee which is required under such law, ordinance, regulation, or order on the date of enactment. So what employees are receiving under their State laws is what they will continue to receive. As a minimum wage increase goes into effect, the current wage level will be the floor. If a State, such as my State of Oregon, currently has a minimum wage of $7.50 an hour, this amount will be the wage the employee receives. No one's wage will go decrease. Yet, some are suggesting that if a State does act, or if a court misunderstands the statute, then tipped employees' wages will be lowered. That is not the intent of this tip credit provision. I urge my colleagues to consider the tip credit for the employee for whom we are raising this minimum and for their employer, who is simply trying to comply with this law. In my experience, when the executive agrees to the content of a law, the legislature drafts it, and the affected stakeholders agree with it, then that is what becomes law. At this time, some continue to want to misrepresent what the tip credit is. For that reason, I would like to include two letters with my statement. The first letter is by the U.S. Department of Labor and the second letter is from the National Restaurant Association. We are all saying the same thing, notwithstanding the efforts of others to try to defeat this compromise bill by distorting what the tip credit means. The U.S. Department of Labor's Director of Wage and Hour Division has written to the majority leader stating the following: The Wage and Hour Division would read Section 402 as protecting the current minimum wages of the tipped employees in the seven States that now exclude a tipped employee's tips from being considered as wages because to do otherwise would be inconsistent with what we understand to be the intent of Congress and the Fair Labor Standards Act, which the Wage and Hour Division enforces. If a Republican administration is saying we will not reduce anyone's wages, I don't believe a Democratic administration would. A Republican House of Representatives has applied the same interpretation to the tip credit provision, and I believe a vast majority of the Senate would agree with the House's interpretation. But what about those affected by the tip provision, the ones who pay the wages? This is a statement from John Gay, the senior vice president for government affairs and public policy, of the National Restaurant Association. He writes: The tip credit provision in the minimum wage bill protects employee wages at their current level. No provision results in the lowering of wages for any worker. The purpose of the provision is to allow employers with tipped employees to count their employees' tips as wages for purposes of meeting their minimum wage obligation. There are 43 States that allow this practice now. The tip credit provision in the minimum wage bill allows the other seven-- We are talking about seven States, Oregon being one of them-- allows the other seven States to do so. In those seven States, employers would only be permitted a tip credit once their State minimum wage is raised in the future. For example, the minimum wage is currently $7.50 per hour in Oregon. If the current Federal minimum wage bill passed and was signed into law, the State wage would remain at $7.50-- It wouldn't drop to $7.10, it would remain at $7.50-- until the State legislature or inflation increases the State's minimum wage in the future. If the State minimum wage was increased $1, to $8.50, only then would the employers be permitted a tip credit of the amount of the minimum wage increase. I have never understood the belief of some that you can love employees and hate employers, but that seems to be what is driving this attempt to misrepresent the tip credit. We are trying to be fair to employees. We are trying to help employers to continue to retain and compensate their employees. I will simply conclude by saying again that when all parties--the ones who write the law, the ones who enforce the law, and the ones who live under the law--agree with the content of the law, then that is the law. And under this proposal, no employee's minimum wage will be reduced. Anyone saying anything to the contrary is shooting from the peanut gallery. These people are not part of the group--the writers of the law, the enforcers of the law, and those who live under the law. I urge its passage. If we are going to raise the minimum wage--and I support doing so--I think in fairness to the employers, we ought also to include the tip credit. This is a good compromise. There is so much important in this bill that is essential for the health of our economy and for the settling of some important issue, including planning people's estates, supporting airline pensions, and helping those at the lowest rung of the income scale receive a raise. I am support all of this. And I believe this provision only helps--it does not hurt--those on the minimum wage because it enables more people to have jobs Mr. President, 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. On July 28, 2006, in Detroit, MI, Julia Lynn Marsh, a male transvestite, was physically and verbally assaulted by three men. According to sources, Marsh suffered injuries to the head after being struck by a crowbar. It appears Marsh was targeted solely because of his 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.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce the Peace In Darfur Act of 2006, along with my distinguished colleague from Massachusetts, Senator Kennedy. Our intention is to continue to press the Sudanese Government and rebel groups to honor the Abuja peace agreement reached on May 5 in Nigeria. We hope that this legislation will help bring about peace in the region. Mr. President, I will ask animous consent to have printed in the Record the following letters from the Hebrew Immigrant Aid Society, the American Jewish Committee and the Archdiocese of Portland, OR. Tragically, despite the Abuja peace agreement, the conflict in the Darfur region of Sudan has continued unabated throughout this spring and summer. The Janjaweed, a government supported militia, continues to attack innocent citizens and the government is unable, or unwilling, to stop this brutality. This violence has led to an increasingly--dire humanitarian situation. More then 3 million people are dependent upon humanitarian assistance. Imagine the entire state of Oregon, which has three and a half million citizens, dependent upon humanitarian aid. This is what we face in Darfur today. I commend the Bush administration for the work it has done in bringing about the Abuja peace agreement. America has been extraordinarily generous in providing over $1 billion worth of humanitarian assistance to those suffering in the region. Yet more must be done to bring an end to the conflict and give the Sudanese people a chance to live a normal life. The Peace in Darfur Act of 2006 seeks to increase the prospect of full implementation of the Abuja peace agreement and address the unmet humanitarian needs in Darfur. The bill supports the deployment of a United Nations peacekeeping force to Darfur, intensifying the international pressure on the Government of Sudan to comply with the agreement and allow in U.N. peacekeepers. This bill also codifies existing sanctions and calls for additional targeted sanctions on Sudan's leaders. While the African Union Mission in Sudan has performed admirably under difficult conditions, a stronger force must be deployed to provide stability, allow refugees to return to their homes, and restore some semblance of normalcy to those affected by the fighting. Section 4 of our legislation calls upon the Government of Sudan to allow a United Nations peacekeeping force into Darfur to achieve these important objectives. Section 4 of our legislation also assigns the special envoy for Sudan, authorized in the fiscal year 2006 supplemental appropriations bill, the task of supporting the peace process. The urgency of this situation demands a constant level of attention at the highest level of our government, a task that the special envoy can facilitate. Section 5 of the bill codifies sanctions against Sudan that were imposed by Executive Order 13067. Codifying these sanctions will send a strong message to the Sudanese government that signing the peace agreement is not sufficient--we expect their full compliance and cooperation to bring about a peaceful resolution to the ongoing conflict. Section 6 of the bill requires the State Department to issue a report on the implementation of the Darfur Peace Agreement and a description of the humanitarian crisis. It also calls for the President to report on the international community's efforts to support the peace process and address humanitarian shortfalls. I believe this will hold accountable those countries that are actively undermining the peace agreement. If the President certifies that the Government of Sudan is implementing the peace agreement and has agreed to allow the presence of a U.N. peacekeeping mission, then the legislation requires the President to request recommendations to further the peace process from the special envoy for Sudan. However, if the President finds the Sudanese Government is impeding the peace process, the bill calls for the President to impose additional measures against Sudan, including enacting targeted sanctions on the Sudanese leadership and their immediate families. Section 7 requires a State Department report on those companies investing $5 million or more in Sudan. This information can then be used to deter investment groups, retirement funds, and others from investing in corporations doing business in Sudan. The legislation requires the Department of the Treasury to issue a report summarizing the assets of Sudanese leaders in the United States and elsewhere. This report will give a full accounting of the Sudanese leaders' assets and will allow the Department of the Treasury to take actions on these assets. Finally, section 8 of the legislation authorizes $150 million for humanitarian needs in Darfur (fiscal years 2008-2012 to alleviate the suffering of these needy people. Mr. President, I am pleased that Senator Kennedy has joined me in this effort. Our legislation is an important step in the efforts needed to bring peace to the region. We hope that it will continue to focus attention on the crisis and pressure the major actors to abide by the Abuja peace agreement. Mr. President, I ask unanimous consent that the letters to which I referred earlier by printed in the Record.

Mr. SMITH. Mr. President, today I am introducing the Community Health Center Employee Health Coverage Act, a bill that will help provide community health centers, CHCs, better access to more affordable health insurance for their employees. I am pleased to have my colleagues Senators Bingaman and Murkowski join me as original cosponsors on this important proposal. CHCs form the backbone of the Nation's health care safety net. They provide essential medical services to some of our most vulnerable citizens, including the uninsured and Medicaid and Medicare beneficiaries. In my home State of Oregon, health centers provide over 130 points of access, where upwards of 180,000 individuals receive care each year. Approximately 41 percent of those served are uninsured and 36 percent are on Medicaid, and most all reside in either a rural or economically depressed area. Clearly, CHCs have an important role in ensuring that those who otherwise might be unable to afford health coverage have access to the care they need. CHCs also serve their patients in a very efficient manner. Studies have shown that care provided Medicaid patients at CHCs costs 30 percent less than care provided in other settings. This is mainly due to a lower number of specialty referrals and fewer overall hospital admissions. CHCs effectively demonstrate how focusing on primary and preventive care can help keep individuals healthier, which ultimately enhances their lives and saves the broader health care system money. Above and beyond the efficiencies CHCs have achieved in service delivery, patients report overwhelming satisfaction for the treatment they are provided. Health care providers across the spectrum would be well-served by emulating CHCs' example of delivering affordable, high- quality health care in an efficient manner. Given the enormous value CHCs have to the U.S. health care system, I believe Congress should do all it can to support their mission. I commend President Bush's commitment to increasing funding for health center expansion in recent years. I am pleased the administration's request for $180 million in new funding in fiscal year 2007 was included in the Senate's version of the budget resolution. As the appropriations process continues to move forward, I hope that those much-needed funds are ultimately approved by Congress. The bill I am filing today will compliment the increased funding CHCs have received in recent years. Just like businesses across the nation, health centers are coping with the rising cost of providing health benefits to their employees. Premiums for private health insurance grew by 9.5 percent in 2005--the fifth consecutive year of increases over 9 percent. Because CHCs operate on very limited budgets, it has become more and more difficult for them to absorb these increased costs while continuing to provide affordable health care to their patients. It is important to note that CHCs rely upon the Federal Government for more than half of their operating revenues. Each year, health centers receive 26 percent of their funding from direct Federal grants and another 36 percent from the Medicaid Program. Because CHCs are predominantly a Federal enterprise, I believe it makes sense for them to be able to reap many of the same benefits of other Federal entities. That is why the bill I am filing today would allow CHCs to purchase more affordable health insurance coverage for their employees through the Federal Employee Health Benefits Program, FEHBP. Allowing federally funded entities to purchase health coverage through FEHBP is not unprecedented. Employees of Gallaudet University and certain U.S. Department of Agriculture grantees already are able to participate in FEHBP as if they were directly employed by the Federal Government. Considering that CHC providers are already deemed ``Federal employees'' for the purpose of receiving medical liability protection through the Federal Government, it is a logical next step to allow them to purchase health coverage through FEHBP. In doing so, we will be able to provide CHCs much needed security in knowing that their employees will have steady access to affordable health insurance. I believe that in the long run, CHCs will be able to achieve a great deal of savings by purchasing health coverage for their employees through FEHBP. Premiums for policies purchased through FEHBP consistently grow at a much slower rate than other commercial policies. Every dollar CHCs save in employee benefit costs can be redirected into medical care for the vulnerable populations they serve. Access to FEHBP coverage also may help some CHCs provide health benefits to their employees for the first time. This could help recruit much needed medical personnel in underserved and rural communities. I am hopeful health centers in rural parts of my State will be able to attract the physicians they so desperately need by offering them FEHBP coverage. There is wide support for CHCs in the Senate, as evidenced by the introduction of two other CHC-related measures this week. Senator Bingaman and I also are filing the Strengthen the Safety Net Act that will allocate unspent Medicaid disproportionate share hospital funds to CHCs and other community-based health care providers. And, I am joining a bipartisan group of my colleagues in introducing the CHC Reauthorization Act to ensure that CHCs can continue providing health care to some of our most vulnerable citizens for years to come. I hope the Senate's leadership will move this package of three bills quickly through the process, as a sign of appreciation for the important role CHCs play in the U.S. health care system.

Mr. SMITH. Mr. President, I rise today to introduce the Long-Term Care Quality and Modernization Act of 2006. I am pleased to be joined by my colleague, Senator Blanche Lincoln of Arkansas. As chairman of the Senate Special Committee on Aging, I am committed to improving the financing and delivery of long-term care. The Centers for Medicare and Medicaid Services estimate that national spending for long-term care was almost $160 billion in 2002, representing about 12 percent of all personal health care expenditures. While those numbers are already staggering, we also know that the need for long-term care is expected to grow significantly in coming decades. Almost two-thirds of people receiving long-term care are over age 65, with this number expected to double by 2030. I know that providing quality long-term care services for America's frail, elderly, and disabled is the priority of nursing homes and assisted-living facilities. I applaud their work but recognize we must do more to improve care and contain costs. When you consider that 8 of 10 nursing home residents rely on Medicare and Medicaid for their long-term care needs, it is apparent that Congress has a responsibility to improve these programs so they are sustainable for years to come. That is why I am introducing the Long-Term Care Quality and Modernization Act of 2006 with Senator Lincoln. This bill will address several problems nursing homes are experiencing with payments, regulations, workforce shortages, taxes, and disaster preparedness funding. The issue of long-term care expenditures need not be an insurmountable task. It will require action and cooperation by public officials and private providers as we work to find ways to help Americans become better prepared for their long-term care needs. However, we cannot do it alone. Individuals must take responsibility and begin planning for their long-term care needs. With our national savings rate in steady decline, I fear the American middle class is woefully unprepared to meet the coming challenges of their long-term care. As we move forward in our effort to help individuals stay financially stable in their later years, we must encourage them to purchase long-term care insurance and save for long-term care services. Included in the bill I am introducing today is the Long-Term Care Trust Account Act of 2006. My legislation will create a new type of savings vehicle for the purpose of preparing for the costs associated with long-term care services and purchasing long-term care insurance. An individual who establishes a long-term care trust account can contribute up to $5,000 per year to their account and receive a refundable 10 percent tax credit on that contribution. Interest accrued on these accounts will be tax free, and funds can be withdrawn for the purchase of long-term care insurance or to pay for long-term care services. The bill will also allow an individual to make contributions to another person's long-term care trust account. This will help many people in our country who want to help their parents or a loved one prepare for their health care needs. It is my hope that this legislation will help all Americans save for their long-term care needs. I urge my colleagues on both sides of the aisle to support this important bill.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce the Peace In Darfur Act of 2006, along with my distinguished colleague from Massachusetts, Senator Kennedy. Our intention is to continue to press the Sudanese Government and rebel groups to honor the Abuja peace agreement reached on May 5 in Nigeria. We hope that this legislation will help bring about peace in the region. Mr. President, I will ask animous consent to have printed in the Record the following letters from the Hebrew Immigrant Aid Society, the American Jewish Committee and the Archdiocese of Portland, OR. Tragically, despite the Abuja peace agreement, the conflict in the Darfur region of Sudan has continued unabated throughout this spring and summer. The Janjaweed, a government supported militia, continues to attack innocent citizens and the government is unable, or unwilling, to stop this brutality. This violence has led to an increasingly--dire humanitarian situation. More then 3 million people are dependent upon humanitarian assistance. Imagine the entire state of Oregon, which has three and a half million citizens, dependent upon humanitarian aid. This is what we face in Darfur today. I commend the Bush administration for the work it has done in bringing about the Abuja peace agreement. America has been extraordinarily generous in providing over $1 billion worth of humanitarian assistance to those suffering in the region. Yet more must be done to bring an end to the conflict and give the Sudanese people a chance to live a normal life. The Peace in Darfur Act of 2006 seeks to increase the prospect of full implementation of the Abuja peace agreement and address the unmet humanitarian needs in Darfur. The bill supports the deployment of a United Nations peacekeeping force to Darfur, intensifying the international pressure on the Government of Sudan to comply with the agreement and allow in U.N. peacekeepers. This bill also codifies existing sanctions and calls for additional targeted sanctions on Sudan's leaders. While the African Union Mission in Sudan has performed admirably under difficult conditions, a stronger force must be deployed to provide stability, allow refugees to return to their homes, and restore some semblance of normalcy to those affected by the fighting. Section 4 of our legislation calls upon the Government of Sudan to allow a United Nations peacekeeping force into Darfur to achieve these important objectives. Section 4 of our legislation also assigns the special envoy for Sudan, authorized in the fiscal year 2006 supplemental appropriations bill, the task of supporting the peace process. The urgency of this situation demands a constant level of attention at the highest level of our government, a task that the special envoy can facilitate. Section 5 of the bill codifies sanctions against Sudan that were imposed by Executive Order 13067. Codifying these sanctions will send a strong message to the Sudanese government that signing the peace agreement is not sufficient--we expect their full compliance and cooperation to bring about a peaceful resolution to the ongoing conflict. Section 6 of the bill requires the State Department to issue a report on the implementation of the Darfur Peace Agreement and a description of the humanitarian crisis. It also calls for the President to report on the international community's efforts to support the peace process and address humanitarian shortfalls. I believe this will hold accountable those countries that are actively undermining the peace agreement. If the President certifies that the Government of Sudan is implementing the peace agreement and has agreed to allow the presence of a U.N. peacekeeping mission, then the legislation requires the President to request recommendations to further the peace process from the special envoy for Sudan. However, if the President finds the Sudanese Government is impeding the peace process, the bill calls for the President to impose additional measures against Sudan, including enacting targeted sanctions on the Sudanese leadership and their immediate families. Section 7 requires a State Department report on those companies investing $5 million or more in Sudan. This information can then be used to deter investment groups, retirement funds, and others from investing in corporations doing business in Sudan. The legislation requires the Department of the Treasury to issue a report summarizing the assets of Sudanese leaders in the United States and elsewhere. This report will give a full accounting of the Sudanese leaders' assets and will allow the Department of the Treasury to take actions on these assets. Finally, section 8 of the legislation authorizes $150 million for humanitarian needs in Darfur (fiscal years 2008-2012 to alleviate the suffering of these needy people. Mr. President, I am pleased that Senator Kennedy has joined me in this effort. Our legislation is an important step in the efforts needed to bring peace to the region. We hope that it will continue to focus attention on the crisis and pressure the major actors to abide by the Abuja peace agreement. Mr. President, I ask unanimous consent that the letters to which I referred earlier by printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce the Long-Term Care Quality and Modernization Act of 2006. I am pleased to be joined by my colleague, Senator Blanche Lincoln of Arkansas. As chairman of the Senate Special Committee on Aging, I am committed to improving the financing and delivery of long-term care. The Centers for Medicare and Medicaid Services estimate that national spending for long-term care was almost $160 billion in 2002, representing about 12 percent of all personal health care expenditures. While those numbers are already staggering, we also know that the need for long-term care is expected to grow significantly in coming decades. Almost two-thirds of people receiving long-term care are over age 65, with this number expected to double by 2030. I know that providing quality long-term care services for America's frail, elderly, and disabled is the priority of nursing homes and assisted-living facilities. I applaud their work but recognize we must do more to improve care and contain costs. When you consider that 8 of 10 nursing home residents rely on Medicare and Medicaid for their long-term care needs, it is apparent that Congress has a responsibility to improve these programs so they are sustainable for years to come. That is why I am introducing the Long-Term Care Quality and Modernization Act of 2006 with Senator Lincoln. This bill will address several problems nursing homes are experiencing with payments, regulations, workforce shortages, taxes, and disaster preparedness funding. The issue of long-term care expenditures need not be an insurmountable task. It will require action and cooperation by public officials and private providers as we work to find ways to help Americans become better prepared for their long-term care needs. However, we cannot do it alone. Individuals must take responsibility and begin planning for their long-term care needs. With our national savings rate in steady decline, I fear the American middle class is woefully unprepared to meet the coming challenges of their long-term care. As we move forward in our effort to help individuals stay financially stable in their later years, we must encourage them to purchase long-term care insurance and save for long-term care services. Included in the bill I am introducing today is the Long-Term Care Trust Account Act of 2006. My legislation will create a new type of savings vehicle for the purpose of preparing for the costs associated with long-term care services and purchasing long-term care insurance. An individual who establishes a long-term care trust account can contribute up to $5,000 per year to their account and receive a refundable 10 percent tax credit on that contribution. Interest accrued on these accounts will be tax free, and funds can be withdrawn for the purchase of long-term care insurance or to pay for long-term care services. The bill will also allow an individual to make contributions to another person's long-term care trust account. This will help many people in our country who want to help their parents or a loved one prepare for their health care needs. It is my hope that this legislation will help all Americans save for their long-term care needs. I urge my colleagues on both sides of the aisle to support this important bill.

Mr. SMITH

Mr. SMITH. Mr. President, today I am introducing the Community Health Center Employee Health Coverage Act, a bill that will help provide community health centers, CHCs, better access to more affordable health insurance for their employees. I am pleased to have my colleagues Senators Bingaman and Murkowski join me as original cosponsors on this important proposal. CHCs form the backbone of the Nation's health care safety net. They provide essential medical services to some of our most vulnerable citizens, including the uninsured and Medicaid and Medicare beneficiaries. In my home State of Oregon, health centers provide over 130 points of access, where upwards of 180,000 individuals receive care each year. Approximately 41 percent of those served are uninsured and 36 percent are on Medicaid, and most all reside in either a rural or economically depressed area. Clearly, CHCs have an important role in ensuring that those who otherwise might be unable to afford health coverage have access to the care they need. CHCs also serve their patients in a very efficient manner. Studies have shown that care provided Medicaid patients at CHCs costs 30 percent less than care provided in other settings. This is mainly due to a lower number of specialty referrals and fewer overall hospital admissions. CHCs effectively demonstrate how focusing on primary and preventive care can help keep individuals healthier, which ultimately enhances their lives and saves the broader health care system money. Above and beyond the efficiencies CHCs have achieved in service delivery, patients report overwhelming satisfaction for the treatment they are provided. Health care providers across the spectrum would be well-served by emulating CHCs' example of delivering affordable, high- quality health care in an efficient manner. Given the enormous value CHCs have to the U.S. health care system, I believe Congress should do all it can to support their mission. I commend President Bush's commitment to increasing funding for health center expansion in recent years. I am pleased the administration's request for $180 million in new funding in fiscal year 2007 was included in the Senate's version of the budget resolution. As the appropriations process continues to move forward, I hope that those much-needed funds are ultimately approved by Congress. The bill I am filing today will compliment the increased funding CHCs have received in recent years. Just like businesses across the nation, health centers are coping with the rising cost of providing health benefits to their employees. Premiums for private health insurance grew by 9.5 percent in 2005--the fifth consecutive year of increases over 9 percent. Because CHCs operate on very limited budgets, it has become more and more difficult for them to absorb these increased costs while continuing to provide affordable health care to their patients. It is important to note that CHCs rely upon the Federal Government for more than half of their operating revenues. Each year, health centers receive 26 percent of their funding from direct Federal grants and another 36 percent from the Medicaid Program. Because CHCs are predominantly a Federal enterprise, I believe it makes sense for them to be able to reap many of the same benefits of other Federal entities. That is why the bill I am filing today would allow CHCs to purchase more affordable health insurance coverage for their employees through the Federal Employee Health Benefits Program, FEHBP. Allowing federally funded entities to purchase health coverage through FEHBP is not unprecedented. Employees of Gallaudet University and certain U.S. Department of Agriculture grantees already are able to participate in FEHBP as if they were directly employed by the Federal Government. Considering that CHC providers are already deemed ``Federal employees'' for the purpose of receiving medical liability protection through the Federal Government, it is a logical next step to allow them to purchase health coverage through FEHBP. In doing so, we will be able to provide CHCs much needed security in knowing that their employees will have steady access to affordable health insurance. I believe that in the long run, CHCs will be able to achieve a great deal of savings by purchasing health coverage for their employees through FEHBP. Premiums for policies purchased through FEHBP consistently grow at a much slower rate than other commercial policies. Every dollar CHCs save in employee benefit costs can be redirected into medical care for the vulnerable populations they serve. Access to FEHBP coverage also may help some CHCs provide health benefits to their employees for the first time. This could help recruit much needed medical personnel in underserved and rural communities. I am hopeful health centers in rural parts of my State will be able to attract the physicians they so desperately need by offering them FEHBP coverage. There is wide support for CHCs in the Senate, as evidenced by the introduction of two other CHC-related measures this week. Senator Bingaman and I also are filing the Strengthen the Safety Net Act that will allocate unspent Medicaid disproportionate share hospital funds to CHCs and other community-based health care providers. And, I am joining a bipartisan group of my colleagues in introducing the CHC Reauthorization Act to ensure that CHCs can continue providing health care to some of our most vulnerable citizens for years to come. I hope the Senate's leadership will move this package of three bills quickly through the process, as a sign of appreciation for the important role CHCs play in the U.S. health care system.

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 29, 2006, in San Diego, CA, three men were beaten at the end of a gay pride festival. As the three men were returning home, a group of men attacked them with baseball bats and knives. During the attack, the assailant yelled anti-gay insults at the victims. One of the victims remains hospitalized with a fractured skull while another victim suffered from multiple stab wounds. Police are investigating this as a hate 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, today I wish to honor the memory and work of Mr. Bill Hancock, a constituent of mine who led a most selfless and compassionate life. Several weeks ago, Bill lost his long struggle with AIDS. The story of his life demonstrates just how much progress we have made in our efforts to stem the tide of this disease, and how much work remains to be done before we find a cure. Bill led a very rich and full life--one that should fill his family and friends with a sense of overwhelming pride. While he accomplished much, I am most moved by his tireless work to improve the lives of those who suffered from the very illness he had. Many of us might have given up if we found ourselves in Bill's position--choosing to allow a set of unfortunate circumstances to stagnate our lives. Instead, Bill fully realized his life's purpose through his sincere dedication to supporting and advancing the needs of the HIV/AIDS community. Since the early days of the AIDS epidemic, Bill was involved in building the grassroots momentum needed to generate a national response to the public health crisis that was emerging in many of America's cities. His own health problems led him to Our House of Portland for hospice care and with the support he received there, he was able to begin to manage the symptoms of his illness. Amazingly, he was the very first resident of Our House to leave alive. I believe this is a clear testament to the tenacity of Bill's character. Shortly after leaving Our House, Bill returned--not as a patient but as a member of its fundraising board and as a personal care assistant. His compassion prompted him to reciprocate the care he was provided by becoming a caregiver himself. His involvement in HIV/AIDS advocacy only grew from that point. He became the chair of the Multnomah County Community Health Council and the Citizen's Advisory Board to the local health department. He also served on Multnomah County's Citizen's Budget Advisory Committee and the board of the Tri-County Safety Net Enterprise. In addition to his service in local government, Bill represented the needs of those living with HIV/AIDS as public policy coordinator for the Cascade AIDS Project. Cascade AIDS is Oregon's leading provider of community-based medical and social services, offering access to health care, temporary housing, career assistance, and education and prevention programs. My staff had the pleasure of working closely with Bill to more effectively coordinate State and Federal resources aimed at supporting individuals with HIV/AIDS. He truly served the members of Oregon's HIV/AIDS community with dignity and compassion. On marking the occasion of Bill Hancock's passing, I can't help but ask myself what more we as public servants can do to prevent the untimely death of individuals living with HIV/AIDS. The Federal Government has made great progress in the battle against this horrific epidemic, but there is much more we can do. It is essential that we move forward with reauthorizing the Ryan White CARE Act and appropriately funding the medical and social support programs that help individuals lead more full and productive lives. It would be a testament to Bill's life's work and dedication if we could do our part to help address the medical and social needs of the HIV/AIDS community. Bill never gave up, and neither should we. In closing, I would like to offer my condolences to the family, friends, and fellow advocates whom Bill touched with his compassion and love of life. They have much to be proud of, and I hope their memories will be filled with the many great accomplishments he achieved as a dedicated community servant.

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 January 23, 1981, in Chicago, IL, Stevie Lynch, a mentally retarded man, was attacked while walking to a friend's house. According to police, two men stopped Lynch on the street taunting him about his disability and trying to make him drink beer. They then pulled him into a passageway punching him and beating his head against the wall. Lynch suffered fractures to his skull and jaw. His disability appeared to be the sole motivation for 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, on behalf of all Oregonians, I wish to recognize the recent accomplishments of Oregon's first national park at Crater Lake. President Theodore Roosevelt had never set his eyes on the deep blue waters of Crater Lake when he signed the law in 1902 making Crater Lake the fifth oldest national park in the United States. He was, however, well aware of the 17-year battle fought to make its protection a reality. The father of Crater Lake, William Gladstone Steel, devoted his life to seeing Crater Lake protected and walked these halls of Congress to make sure that the majesty of this Oregon jewel was forever enshrined. Hard work and perseverance have been at the core of the entire storied history of Crater Lake National Park. On August 25, 2006, the Crater Lake National Park will open the doors to its new Science and Learning Center. Just as William Gladstone Steel spent his early years participating in scientific experiments at Crater Lake, the Science and Learning Center will provide the public with an entry into one of nature's most spectacular laboratories. Scientists, teachers, students, artists and the general public alike will benefit from this new facility at the park, which will be one of a very few National Park Service Learning Centers in the Nation. The opening of the Crater Lake Science and Learning Center is the culmination of many years of perseverance and hard work from the dedicated staff and partners of Crater Lake National Park. Specifically, I want to recognize the dedication and ingenuity of Crater Lake National Park Superintendent, Charles ``Chuck'' Lundy. Chuck has gone above and beyond the call of duty and Oregon is lucky to have him at the helm of the Crater Lake ``Phantom Ship.'' During Chuck's 8-year tenure at the Park, he has worked in the spirit of William Gladstone Steel using his innovative mind to mold the future of America's deepest and most pristine lake. The Crater Lake Centennial license plate campaign, under Chuck's direction, has given each and every Oregonian the ability to express just how special Crater Lake is to them and to our State. As of July of 2006, 138,000 license plates have been purchased by Oregonians, with the proceeds going directly to the new Science and Learning Center. Mr. President, I am extremely proud of the successes being exhibited by the outstanding team of National Park Service employees at Crater Lake National Park. I congratulate them on the opening of the Science and Learning Center and wish them all the best as they continue to preserve and protect the national park Oregonians love so much.

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 October 14, 1995, in Atlanta, GA, Quincy Taylor, a high school student, was found dead behind a convenience store from gunshot wounds to the chest. Taylor frequented and sometimes worked at a popular gay bar known for featuring cross-dressing entertainment. According to police, the killer knew the victim and was motivated solely by his 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.

Mr. SMITH

Mr. SMITH. Mr. President, I rise to enthusiastically support the reauthorization of the Voting Rights Act. I will speak to that issue, but with the permission of the leadership, following these remarks, I ask unanimous consent that Senator Wyden and I be given a half an hour to speak as in morning business.

Mr. SMITH. Mr. President, above the dais, our Nation's motto, e pluribus unum, is chiseled in the marble. That is more than a motto; it is one of America's greatest ideals. But it is an ideal that we are constantly in an effort to realize as fully as is humanly possible. Our Nation has made great progress on becoming one, and becoming one begins at the ballot box. Our Nation began at a time when even the institution of human slavery was tolerated--tragically for nearly 70 years--leading then to a horrendous Civil War that claimed the lives of nearly a million Americans trying to fully realize what that motto means. The institution of slavery was ended--thankfully--too late but ended nevertheless. In the bitter years that followed, the years of Reconstruction and all the heartache that flowed from the Civil War, there was a period of time in part of our country where African Americans were denied access to the ballot box and were disenfranchised by that. But it isn't just one region of the country where we have to constantly be vigilant about race relations; it is a challenge all over America. The challenge begins in every heart and in every home. It is a fact that the Jim Crow laws were specifically designed to intimidate African Americans from voting. Thankfully, with the passage of the Voting Rights Act in 1965, under the signature of President Lyndon Johnson, the constitutional promise was fully realized, and now we have an opportunity to extend it. The Voting Rights Act is already a statute, but certain of its provisions will expire if we do not do this. We have the privilege to do so today. The 15th amendment of the Constitution says: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The 19th amendment was adopted later in 1920, which extended that right to women. But as I said, not until the Voting Rights Act were all the subtle and insidious barriers dropped around the country that prevented African Americans from exercising their franchise. Lyndon Johnson said, when he signed this act, that he did so so the full blessings of American life can be fully realized. For the full blessing of American life begins at the ballot box. Tragically, not all Americans exercise their right to vote, but those who want to should be able to have access, that their vote be cast and counted and that it be done so without intimidation or without fear. I rise to fully support this. My mother used to always say, treat others as they would want to be treated. That is another way of saying, treat others the way you would want to be treated. I have heard from many of our African-American citizens who have urged my vote for this. I proudly and with pleasure do so today. I suspect we will vote on this later. I believe the law is a teacher. The Voting Rights Act has taught Americans all over the continent that this is a central right and, therefore, I believe we are doing the right thing in reauthorizing these provisions that otherwise will expire. (The remarks of Mr. Smith and Mr. Wyden pertaining to the introduction of S. 3701 are located in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')