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. While leaving a bar on March 1, 2004, in Morgantown, WV, three men were attacked, two of whom are gay. Christopher Barnhart and his friends heard someone use homophobic language toward them. Barnhart was subsequently attacked and knocked to the ground, suffering two facial fractures. When Barnhart's friend tried to come to his assistance, he was attacked and suffered bruised ribs and a cut ear as a result. 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. John Solis was attacked and beaten after a gay-pride event in Brooklyn, NY on June 29, 2004. A dozen people shouted anti-gay slurs at Solis. When he turned to confront them they attacked him with baseball bats. Solis's wrist was broken and he was hit in the head. The police were slow to respond and ineffective. 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 April 27, 1998, Stephen Goedereis, was killed by two teens near his home in Miami, FL. Goedereis was walking down the street, when he complimented one of the two teens. The teens then beat Goedereis, who subsequently died 2 days later in the local hospital. The teens were convicted of second degree murder and robbery, both of which were classified as hate crimes. 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 on behalf of Oregonians, the people of the Pacific Northwest, and all Americans to pay tribute to COL Brad Applegate, the Wing Commander of the 142nd Fighter Wing. In doing so, I also pay tribute to all those who wear our Nation's uniform, as Colonel Applegate's professionalism and capability is characteristic of all those who serve to protect our Nation. Brad Applegate began his association with the Air Force while attending Indiana University when he received an Air Force Reserve Officer Training Course aviation scholarship. Upon graduating, he received his commission in the U.S. Air Force, and shortly thereafter, began his training as an F-15 pilot. From that time until now, Brad has served in many locations and has been awarded several decorations. As an F-15 pilot, he is quick to tell you that homeland security has long been his specialty. My association with Colonel Applegate is relatively late in his career. With the recent round of Base Realignment and Closure, BRAC, proposals from the Defense Department, the people of the Pacific Northwest woke up to the news that the reassuring roar of the F-15 Eagles from the 142nd Fighter Wing might not be flying over their heads in the years to come. I learned quickly that the Portland Air National Guard base was among the first bases to be scrutinized by the BRAC Commissioners and analysts. With little more than a weekend to prepare, Colonel Applegate organized his team, sifted through the scant and murky details of the proposal, and prepared such an extensive briefing to the Commissioners and analysts that the efforts of the 142nd presentation became a model for bases across the country. The media will give, and the politicians will take, credit for saving the bases, but I am here today to set the record straight in regards to the preservation of the 142nd Fighter Wing in Portland. The intelligence, skill, and knowledge of COL Brad Applegate and his team is why we will continue to have air defenses in the Pacific Northwest. Without his leadership skills, my part of the country would be an open target for our enemies. Colonel Applegate will soon be retiring from military service after more than 20 years of dedicated service to his Nation. The leadership torch of the 142nd Fighter Wing will soon be passed to another very capable fighter pilot and leader, and the important work of our Air National Guard will continue. Mr. President, I would like to offer my words of appreciation and thanks to COL Applegate and the countless others who wear our Nation's uniform. Although our Nation has dangerous enemies who wish to do us harm, I sleep better at night knowing that the reassuring roar of the F-15 Eagles will continue to fly overhead in the Pacific Northwest.

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 5, 2002, Fred Martinez a 16-year-old Navajo youth was murdered by 18-year-old Shaun Murphy. Murphy repeatedly smashed a heavy rock into Martinez's head, throat, and abdomen. The apparent motivation for the attack was that Martinez was a transgender person. 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, the Bible tells us that ``Greater love than this has no man than to lay down his life for his friends.'' I rise this morning to pay tribute to two American heroes from my home town of Pendleton, OR, who made the ultimate sacrifice by laying down their lives for their friends, their country, and the cause of freedom. WO Adrian B. Stump and SGT Tane Travis Baum were two of five soldiers who were lost in the crash of a CH-47 Chinook helicopter as it was returning from an ongoing operation in southern Afghanistan. Warrant Officer Stump was 22 years of age. He was the son of Jerry and Anne Stump, who instilled in Adrian the values of hard work, honesty, and integrity. He was a graduate of Pendleton High School, and he was well known in my community for being an outstanding young man, who always had a smile on his face. Like many east Oregonians, he loved the outdoors and could often be found hiking, fishing, and camping. Adrian always dreamed of flying helicopters. And after he graduated from high school, there was no question of what he wanted to do. He wanted to serve his country. Indeed, he recently expressed to a friend of mine how great it was to be able to wake up in the morning and do what one loves to do. SGT Tane Travis Baum was 30 years old. He was married to his high school sweetheart, Tina, and they were the parents of two beautiful children, Caelan and Dyllon. Sergeant Baum also loved the outdoors and flying helicopters. While it was difficult for Sergeant Baum to leave his family behind to serve his country, he carried out his duty like the true hero he was. The author Herman Wouk once wrote: Heroes are not supermen. They are good men, and embodied by the cast of destiny, the virtue of a whole people in a great hour . . . . If America is still the great beacon in dense gloom, the promise to hundreds of millions of the oppressed that liberty exists, that it is the shining future, that they can throw off their tyrants, and learn freedom and cease learning war, then we still need heroes to stand guard in the night. As of today, Warrant Officer Stump, Sergeant Baum and more than 50 Oregonians have lost their lives keeping the promise of liberty to millions, the promise our forefathers first made and the charge that is ours to keep. They stood guard in the night and have earned the gratitude of our Nation.

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 7, 2003, in Largo, FL, Reshae McCauley, a 30-year-old transgender person, visited Z109, a local club. The following evening Reshae's body was discovered near her home where she had died of severe upper body trauma. According to police, the apparent motivation for the attack was her 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 suggest the absence of a quorum.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. On August 18, 2003, in Washington, DC, Elviv Augusto Perez Morales who lived and dressed as a woman, was allegedly killed. According to police, he was allegedly killed by Antonie Jacobs who had paid for sex under the impression he was dealing with a woman. Upon learning that the prostitute was really a man, the customer returned and allegedly shot the prostitute. 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 January 30, 1999, a 23-year-old disabled man was lured into an apartment in Keansburg, NJ. He was subjected to 3 hours of torture at the hands of 9 men and women. According to police, the abusers knew the man from their neighborhood, and ridiculed him constantly because of his disability. 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 10, 1999, a 34-year-old man walked into the Fort Myers, FL, home of a 91-year-old disabled woman and sexually assaulted her. According to police, the man knew the victims family and attacked her because of her disabled state. 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 October 31, 2002, Patrick Vogrich a State-funded caregiver, bludgeoned his disabled client Larry Rap to death with a hammer in an apartment outside of Chicago, IL. The apparent motivation for the attack began when Mr. Rap ran into Mr. Vogrich with his wheelchair. According to police, Mr. Vogrich was convicted of murder on November 19, 2002. 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 thank you for the time. It is for me a privilege to speak on behalf of Judge Roberts, but especially because while I have voted on hundreds of nominations for President Clinton and now at the present time President Bush, this is the first time I will cast a vote, an affirmative vote, for a member of the U.S. Supreme Court, and, perhaps, if Judge Roberts lives long enough, the only time I will cast one on behalf of the Chief Justice of the U.S. Supreme Court. It is for that reason that I asked Judge Roberts to come see me. I enjoyed a delightful visit with him prior to announcing my affirmative decision to vote for him without qualification, without reservation, or any reluctance. He is, in short, a brilliant nominee and I believe he will be a brilliant judge who will make us proud for years and years to come. When I ran for the Senate, I ran as someone with a hat in the political arena. It is an experience where you state your position, you ask for votes. That is a fundamentally different exercise than being a judge. A judge is not someone who comes as a candidate asking for a vote, posturing in any fashion, and playing politics. The nature of the judicial branch, even the executive branch, is fundamentally different from the judicial branch. Ours is to make law. The president is to execute the law. The judge is to interpret that law. When I was running for an election certificate, I was asked repeatedly about how I would judge nominees to the Court. The underlying question was always, what is your litmus test? Do you have a single issue litmus test? I promised Oregonians that I would have no litmus test and would vote for qualified Democrats and Republicans from the administration that put them forward because I truly believe we have to remember the characteristic distinctions between the roles of these different branches of Government. What I did tell them is that I would judge them by their intelligence, their integrity, and their temperament. By that standard, I am not sure we will ever have the privilege of voting for a nominee who is more intelligent than Judge John Roberts. His academic credentials are without equal. He is clearly qualified by his schooling and by his service in the legal community. His integrity is beyond reproach as well. He has conducted himself honorably. There has been no hint of any kind of scandal that would disqualify him from holding high public office. I like especially the fact that he and his wife late in life decided to adopt two beautiful children. Every parent in America, I think, squirmed when they watched the concerns the Robertses had when President Bush announced his nomination--the little boy Jack was fidgeting on a public occasion, and all chuckled and recognized the humanity of Judge and Mrs. Roberts, and also related to that experience. When it comes to temperament, I think there are many qualifications Judge Roberts has that are evident in his entire life. He is overwhelmingly qualified. He has promised fidelity to the law. He has said: My obligation is to the Constitution, that's the oath. The quality in his temperament, I think, that was particularly meaningful was the humility he demonstrated in the give and take with our colleagues on the Judiciary Committee. The Judiciary Committee is composed of many very bright men and women, and the back and forth was thrilling to watch for someone who loves constitutional law. He went into a heavyweight ring and he came out the champ. I was impressed and expressed that to him. The quality of humility is one that I think bears mentioning. Judge Roberts said, in fact, to that committee: A certain humility should characterize the judicial role. Judges and justices are servants of the law, not the other way around. What he is saying is that judges and justices are bound by the law, as we are as individual citizens, and as Members of the Senate we are bound by the law, and so are judges. That humility is important in the life of a judge. I remember a great public servant once said: Pride is concerned with who is right, humility is concerned with what is right. I believe Judge Roberts will be focused on what is right, not who is right. The greatest threat Judge Roberts identified to the law is that of a judicial branch beginning to act more like a political branch. That is something many of my colleagues have spoken to. It is something I learned about in law school in a constitutional law class. It is called the political question doctrine. What that doctrine refers to is the wisdom that judges need to have, the humility they have to not intersect questions that are in the political arena, part of the discussion, the debate between we the people about where we want to go. So, instead of reaching over the people and deciding it when the issue is ripe for settlement at the ballot box, judges should be restrained in overreaching and doing things from on high that, frankly, disturb the body politic here in our country. I believe Judge Roberts will have that kind of restraint, that kind of humility. Judge Roberts made a quote in his opening statement, again without notes; something he feels obviously in his bones and knows in his heart and mind. He said: The one threat to the rule of law is the tendency on behalf of some judges to take that legitimacy--the legitimacy of the law, and that authority--the authority of the law, and to extend it into areas where they are going beyond the interpretation of the Constitution into where they are making the law. Judges have to recognize that their role is a limited one. An aside, Mr. President, I like his metaphor to an umpire. Judges have to recognize that their role is a limited one. That is the basis of their legitimacy. Judges have to have the courage to make the unpopular decisions when they have to. That sometimes involves striking down acts of Congress. That sometimes involves ruling that acts of the executive are unconstitutional. That is a requirement of the judicial oath. You have to have that courage. What I find in that statement is an understanding of the political question doctrine. He is saying we have to be humble in most all instances; to respect the rights of the people. But he is also saying you have to have courage to interpret the Constitution in a way that is faithful to it. As Cicero once said: We are in bondage to the law so that we might be free. I know my time is up, so I yield the floor and urge my colleagues to vote in support of Judge Roberts. If you can't vote for him, it is hard to know for whom one could vote. 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 June 1, 2004, a man was attacked and stabbed by three men in the downtown area of Seattle, WA. The apparent motivation for the attack was 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 July 7, 2004, two men were attacked outside a local restaurant by 10 to 12 men. The apparent motivation for the attack were their sexual orientation. According to police, the men were yelling anti-gay slurs during 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 June 1, 2004, a man was stabbed by three men outside his home in Seattle, WA. The apparent motivation for the attack was the man'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 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 16, 2005, a man was attacked with broken glass bottles by two men outside his home in Manhattan, NY. The apparent motivation for the attack was the man'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 introduce the Post-Disaster Consumer Protection Act of 2005. This bill is designed to prohibit price gouging of oil or gas products in the immediate aftermath of a declared disaster. Hurricane Katrina had a devastating affect on the major oil and natural gas producing region of our Nation. This natural disaster has exposed our Nation's vulnerability to even short-term disruptions anywhere in the supply chain. Oil production curtailments, refinery shutdowns or pipeline disruptions can all cause price spikes in gasoline, diesel and aviation fuel. Directly following Hurricane Katrina, extreme price volatility of gasoline throughout the United States led to accusations of price gouging. Reports were made of individual retailers charging as much as $5.87 a gallon for gas. Even in my State of Oregon, which is less reliant on Gulf of Mexico production, prices spiked in the immediate aftermath of the hurricane. This bill declares that for the 30 days following the President's declaration of a disaster, it will be unlawful to engage in price gouging of oil or gas products for sale in the affected area, or of oil and gas products produced in the affected area for sale in interstate commerce. In addition, this bill authorizes the Federal Trade Commission to determine what represents a gross disparity in pricing and to prevent violations under this act using its authorities under the Federal Trade Commission Act. Those authorities include seeking civil penalties of $11,000 per violation; assessing fines or repayment of illegal gains; freezing assets; and seeking preliminary injunctions, cease and desist orders or temporary restraining orders. Drastic increases in oil and gas products have a negative impact on consumers and businesses. That is why we must have a system in place that discourages price gouging in the wake of a disaster, and allows enough time for markets to return to normal. 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 Post-Disaster Consumer Protection Act of 2005. This bill is designed to prohibit price gouging of oil or gas products in the immediate aftermath of a declared disaster. Hurricane Katrina had a devastating affect on the major oil and natural gas producing region of our Nation. This natural disaster has exposed our Nation's vulnerability to even short-term disruptions anywhere in the supply chain. Oil production curtailments, refinery shutdowns or pipeline disruptions can all cause price spikes in gasoline, diesel and aviation fuel. Directly following Hurricane Katrina, extreme price volatility of gasoline throughout the United States led to accusations of price gouging. Reports were made of individual retailers charging as much as $5.87 a gallon for gas. Even in my State of Oregon, which is less reliant on Gulf of Mexico production, prices spiked in the immediate aftermath of the hurricane. This bill declares that for the 30 days following the President's declaration of a disaster, it will be unlawful to engage in price gouging of oil or gas products for sale in the affected area, or of oil and gas products produced in the affected area for sale in interstate commerce. In addition, this bill authorizes the Federal Trade Commission to determine what represents a gross disparity in pricing and to prevent violations under this act using its authorities under the Federal Trade Commission Act. Those authorities include seeking civil penalties of $11,000 per violation; assessing fines or repayment of illegal gains; freezing assets; and seeking preliminary injunctions, cease and desist orders or temporary restraining orders. Drastic increases in oil and gas products have a negative impact on consumers and businesses. That is why we must have a system in place that discourages price gouging in the wake of a disaster, and allows enough time for markets to return to normal. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. Each Congress, Senator Kennedy and I introduce hate crimes legislation that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. Likewise, each Congress I have come to the floor to highlight a separate hate crime that has occurred in our country. On August 1, 2004, a man was shot with a pellet gun in the back near his him in Bronx, NY. The apparent motivation for the attack was the man's sexual orientation. I would note that recently in the House hate crimes legislation was passed in a bipartisan vote. I strongly believe that we must also move similar legislation in the Senate. In the months ahead, I look forward to working with Senator Kennedy as we continue our work in passing a hate crimes bill.

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 September 22, 2004, a 36-year-old man was stabbed several times outside his home by two men in New Orleans, LA. The apparent motivation for the attack was the man's sexual orientation. I would note that recently in the House, hate crimes legislation was passed in a bipartisan vote. I strongly believe that we must also move similar legislation in the Senate. In the months ahead I look forward to working with Senator Kennedy as we continue our work in passing a hate crimes bill.

Mr. SMITH

Mr. SMITH. Mr. President, I emphasize today 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 April 29, 2005, a Harvard University student was assaulted by a man in downtown Boston, MA. The apparent motivation for the attack was that the student was openly gay. I note that yesterday in the House, hate crimes legislation was passed in a bipartisan vote. We must also move similar legislation in the Senate. In the months ahead I look forward to working with Senator Kennedy as we continue our work in passing a hate crimes bill.

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 1, 2005, a man was beaten outside his home in Destin, FL. According to police, the apparent motivation for the attack was that the man was gay. I would note that yesterday in the House, hate crimes legislation was passed in a bipartisan vote. I strongly believe that we must also move similar legislation in the Senate. In the months ahead I look forward to working with Senator Kennedy as we continue our work in passing a hate crimes bill.

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 15, 2005, Dwan Prince was savagely beaten by three men as Prince stood outside of his apartment building in New York, NY. The apparent motivation for the attack on Prince was his sexual orientation. According to police, the three attackers shouted antigay slurs throughout the attack on Prince. I believe that the Government's first duty is to defend its citizens, to defend them against the harms that are born out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise to express sympathy to all those impacted by the disaster of Hurricane Katrina. Each of us, in our own way, reaches out to Senator Vitter and Senator Landrieu, Senator Lott, Senator Cochran, Senator Sessions and Senator Shelby, whose States have been ravaged by a natural disaster, frankly, beyond calculation and beyond the plans and the very best intentions of those on the ground. It is a fact that sometimes nature is bigger than we are. Katrina is evidence of one of those occasions. It has been disappointing that there has been a rush to play politics with a natural disaster. There has been an excess of finger-pointing and faultfinding. I note that President Bush yesterday bravely said that if you need to blame someone, blame him. I don't believe the blame belongs with him, but he recognizes his role in leadership. I salute him for his courage in simply trying to find the solutions and not spending wasted effort pointing fingers and placing blame. I represent a State that has known its share of natural disasters-- volcanos, wildfires, and a tsunami several decades ago. While Oregon is a long way from the Gulf Coast, we have been near in the relief effort and helping in recovery. I rise today to let the Senate know how proud I am of the response from my home State of Oregon. Oregonians have big hearts. With their trademark of selflessness and generosity, they have responded in a wide number of ways to help our friends in the South. The Oregon Trail Chapter of the Red Cross has a national reputation for being one of the first chapters to call when experienced volunteers are needed to respond to disasters. Since the hurricane hit, the Oregon Red Cross volunteers have been working around the clock to help the relief effort. The chapter worked quickly to set up an emergency evacuation center in Oregon should one be needed to house evacuees. It was made available. It was offered repeatedly, but it has not been necessary. The chapter this week is also holding a massive instructional program with the goal of training 1,000 Oregonians on disaster preparedness. Volunteers from the Portland-based Northwest Medical Teams are also playing an important role in helping with medical relief efforts and shipping emergency supplies. Workers from Northwest Medical Teams are currently in the Gulf Coast region responding with critically needed medical care, supplies, and logistical support. Mercy Corps, a humanitarian relief agency based in Portland, was one of the first groups on the ground providing emergency assistance. The Corps' response team will grow in the coming weeks as local residents are hired to aid in recovery efforts. Both Mercy Corps and Northwest Medical Teams were also among the first to rush to aid the victims of the December 2004 tsunami in Southeast Asia. I want to acknowledge the efforts of the Cascade Division of the Salvation Army. These volunteers have been working overtime, collecting donations that will go to help in the Katrina recovery. The outpouring of contributions from Oregonians has been overwhelming. I thank all of the communities, both large and small--the civic organizations, the high school football teams, and the campus groups that have worked to organize fundraising drives. I give a special thanks to more than 1,900 Oregon National Guard troops who at the request of our Governor, Ted Kulongoski, were mobilized to help the people of the hurricane-ravaged region. For nearly 10 days now, members of the Oregon Guard have been on the ground in New Orleans clearing roads, assessing critical needs, conducting rescue operations and providing security patrols. The Oregon Guard troops are part of a force of 72,000 Active-Duty and National Guard personnel who are on the ground and aboard ships supporting relief operations. Since the hurricane struck, our military men and women have been working night and day providing search and rescue, evacuation, and medical support. Through yesterday, over 10,000 sorties have been flown. On the national level, the U.S. Coast Guard has also been working tirelessly to support relief efforts. As of this weekend, the Coast Guard has assisted in saving or evacuating over 35,000 people. Personnel from the U.S. Army Corps of Engineers have been working around the clock to repair the breached levees, restore navigation, and pump water out of New Orleans and surrounding parishes. In recent years we have asked a great deal from our men and women in the military, and time and again they have responded heroically, patriotically, and with professionalism. In addition, the U.S. Forest Service has deployed more than 2,700 employees who are trained in rescue and response to this area. These teams have been putting their skills to use setting up logistics staging areas, distributing food products, and removing debris. The U.S. Department of Agriculture has also been working to get food to the area and provide housing for displaced people. USDA has delivered more than 300 trucks containing over 12 million pounds of food and baby food and formula products. The USDA's Rural Development Service has established an expedited process to move people into safe and secure housing. Its property managers are assisting families by providing them with information on how to access additional Government programs and services to assist them, such as food stamp benefits. As we work to recover and rebuild from Hurricane Katrina, there will certainly be many trying days ahead. However, I believe we can find comfort in the heartening response of the American people. In particular, I salute the people of Oregon. There are numerous examples of goodness, strength, and compassion as people have reached out to help friends, neighbors, and strangers in need. I salute those of my state and those of other states who are going the extra mile to help their fellow Americans through this terrible disaster. I want to suggest again that our best efforts should go to supporting those on the ground who are working to restore the hurricane-ravaged areas, and we should keep to a minimum the partisanship and the finger pointing that has broken out so unfortunately and unproductively in recent days. Mr. President, I thank you for the time and yield the floor.