Gordon Smith

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One unfortunate crime was committed by an unknown assailant in Carbondale, IL, who allegedly taunted a Southern Illinois University student with anti-homosexual slurs and proceeded to beat him. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Madam President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. In the fall of 1999 in Washington County, PA, Ira Swearingen, a 49- year-old medical consultant was abducted, beaten and murdered. After being abducted, Swearingen was stuffed inside the trunk of his car while one of the perpetrators allegedly said, ``Did ya' hear it? I broke his jaw.'' Another perpetrator heard gurgling of blood and heard the victim screaming. They yelled ``Shut up faggot!'' Later, the victim was driven to an isolated area, forced to strip and marched into the woods as he pleaded for his life at which point, one perpetrator testified, he shot the victim between the eyes at close range. Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. By passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One terrible crime occurred in October 2003 in Providence, RI. There, a woman was grabbed off a street by two men who yelled homophobic slurs and then egged each other on while raping her at knifepoint. The woman was walking to a club around 11:30 p.m. when a large tan vehicle pulled up nearby. The driver asked her for directions, and as she spoke with him, another man grabbed her from behind and forced her into the back seat of the vehicle. The men accused her of being a lesbian and called her names. They then pulled into a lot and took turns raping her at knifepoint. After, they pushed her out of the car and sped off. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On May 6, 1999, in Santa Clarita, CA, two men were charged with suspicion of committing a hate crime after they allegedly burglarized a residence and beat three gay men. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Madam President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. A terrible crime occurred in Upland, CA, in December 1999. There, a man died after being hit in the head with a pool cue by an attacker who accused him of being gay. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Madam President, I rise today in strong support of the deductibility of private and government mortgage insurance premiums. Last year, my Finance Committee Colleague Senator Lincoln and I introduced the Mortgage Insurance Fairness Act, S. 846. Today 19 of my Senate colleagues join me in supporting this proposal. We are introducing this important legislation as an amendment to the JOBS Act, S. 1637. More than 12 million homeowners currently pay private or government mortgage insurance. This amendment will allow these homeowners an immediate tax savings and will allow an estimated 300,000 additional families per year to more easily qualify to buy a home. The vast majority of these new homeowners will be lower-income, minority and veteran households who need mortgage insurance the most. The JOB Act is the perfect opportunity to allow hundreds of thousands of low-income Americans to qualify for homeownership. Mortgage insurance allows moderate income households to buy homes often with a down payment of as little as 3 percent. In 2001, mortgage insurance and guaranty programs covered 57 percent of mortgage purchase loans made to African-American and Hispanic borrowers as well as 54 percent of the mortgage purchase loans made to borrowers with incomes below the median. Unfortunately, unlike many other costs associated with homeownership, mortgage insurance premiums currently are not tax deductible. We want to permanently change this fact for taxpayers earning less than $100,000 per year. If we are successful in adding this amendment, we will have seized a unique opportunity to help millions of families receive immediate tax relief and hundreds of thousands more realize the American dream of homeownership. With supporters like the American Federation of Teachers, Americans for Tax Reform, the Mortgage Bankers Association and the National Urban League, this amendment brings diverse groups together in the common cause of homeownership. I am proud to sponsor this amendment and I urge my colleagues to join this bipartisan effort to make the American dream of homeownership come true.

Mr. SMITH

Mr. SMITH. Madam President, I rise today in support of S. 1637, the JOBS Act, which will halt European Union trade sanctions against American industries and provide immediate tax relief for domestic manufacturers. U.S. manufacturing has experienced a crisis over the last three years due to the global economic downturn, sharply diminished capital spending, global overcapacity, and steady price declines for manufactured goods. S. 1637 provides a strong incentive for companies to keep and create jobs in the U.S. However, I believe we can improve S. 1637 by eliminating the ``haircut'' provision that increases the taxes on U.S. manufacturers for their U.S. companies merely because these companies also manufacture products abroad. This concept is totally at odds with the purpose of this legislation--to cut taxes on manufacturers that employ American workers. U.S. companies with global operations employ more than 23 million Americans--9 million of which are manufacturing jobs. Foreign-owned companies with U.S. operations employ more than 2 million manufacturing workers in the U.S. The haircut is structured so that the more a company manufacturers abroad, the less of a manufacturing rate cut it gets. The ``haircut'' makes the U.S. a less competitive location for current and future investment. Thus, it is less likely that multinational manufacturing companies will site new plants and new high-paying jobs in the U.S. Furthermore, I am concerned that the ``haircut'' invites mirror legislation in other countries. In this time of crisis for the U.S. manufacturing industry, we cannot afford to let any more manufacturing jobs slip away, particularly due to bad tax policy. With my colleague, Senator Breaux, I am offering an amendment to the JOBS Act which will eliminate the ``haircut'' and provide an equal tax benefit for all manufacturers that employ American workers. Congress should be in the business of rewarding all well-paid manufacturing jobs that are created in the U.S.--not just those created by certain domestic manufacturers.

Mr. SMITH. Madam President, I will offer an amendment which would allow commercial fishermen to use income tax averaging to help mitigate the negative effects of their fluctuating incomes. Progressive tax systems, like the Federal income tax, often penalize farmers and others whose incomes vary greatly from year to year. Recognizing this fact, Congress, in 1997, gave farmers the option to calculate their taxes by averaging their income over a 3-year period. This was an important change in the Tax Code and has helped many in our agriculture communities weather the up-and-downs of a sometimes erratic farm economy. Like farmers, our fishermen are often subject to dramatic swings in income. Whether it's changing ocean conditions, harvest restrictions, or bad weather that keeps them in port, the change in income can be severe and beyond their control. For example, fishermen in Coos Bay, OR have struggled with regulatory restrictions and reduced stocks over the last several years. Unfortunately, our Tax Code doesn't allow for flexibility, and fishermen, who experience both good and bad years, are forced to pay more taxes than if they had steady income levels. My amendment would resolve some of this inequality by extending to commercial fishermen the same income averaging benefit given to farmers. It would also fix a technical error in the original provision that has led to some farmers being caught under alternative minimum tax. I thank the chairman for his leadership on this issue in the past and including this important provision in his bill, the Tax Empowerment and Relief for Farmers and Fishermen, TERFF, Act. I am pleased to see that portions of the TERFF Act were incorporated into the bill now before us, and I am hopeful that we will be able to address the issue of income averaging for fishermen also at this time. Our farmers and fishermen represent an important sector of our economy. Unfortunately, they and their families often have to deal with more than their fair share of challenges. Making the Tax Code more consistent and more reflective of the variable nature of resource industries will also make it more fair and provide some measure of stability for these hard working individuals. I encourage the Senate to consider and pass this important amendment.

Mr. SMITH

Mr. SMITH. Mr. President, I speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. In February, 2003, in Antioch, CA, a 15-year-old teen was charged with assault and battery and for committing a hate crime. He viciously assaulted and taunted another teenager because he believed he was gay. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. By passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On July 3, 1999, in Philadelphia, PA, a 59-year-old gay man was found beaten to death in his apartment. The bodies of two other gay men from the Philadelphia area were found in the Schuylkill River the previous month. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. A horrendous crime occurred 4 years ago today in Richmond, VA. There, a homeless man was killed and his severed head left atop a footbridge in James River Park near a popular meeting place for gay men. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. By passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One such crime occurred in Tillamook, a small town on the Oregon coast. On February 11, 1999, James Ash, 48, and Kevin Hawthorn, 25, were charged with intimidation and assault for allegedly beating a man because of his sexual orientation. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. In Council Bluffs, IA, a 15-year-old girl allegedly approached two other girls who were holding hands and assaulted them saying she was ``tired of seeing them hold hands and kissing.'' The girl has been accused of assaulting the girls because of their sexual orientation. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable to our society. Last fall in Portland, ME, Joshua Nisbet pulled up in a car near a bar that caters to the gay community. Nisbet and a friend yelled an antigay slur at two men walking nearby and assaulted them. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. In February 1999, Steve Garcia was returning to his home from a party wearing women's clothing and shoulder length hair. He died of a gunshot wound to the shoulder and because none of his jewelry was stolen, police suspect that he was targeted because of the way he was dressed. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. In January 1999, Frank Breton, age 47, was convicted of hate crime assault for assaulting his neighbor in March because he believed the man was gay. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One such crime occurred in Santa Rosa, CA, on September 20, 1999. Four youths allegedly fired shots from a pellet gun toward a woman whose car had gay pride, diversity, and rainbow stickers on it. The youths also allegedly yelled derogatory comments regarding the woman's sexual orientation. The first duty of Government is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. By passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One such crime occurred in Honolulu, HI, in August 1998. A heterosexual man was found dead in a public shower. He had been brutally killed by a group of teenagers because they thought he was gay. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to honor one of Oregon's unsung heroes, Jim Willis. For many years, Mr. Willis has dedicated his life to assisting and enriching the lives of countless Oregonians. His story should serve as an inspiration to us all as we try to make our country a better place. He was raised in California and attended the University of California at Santa Cruz. Upon graduation he was accepted for graduate school of the prestigious University of California at Berkeley, yet he never had the opportunity to complete his degree when his father became ill. Willis returned to be with his father in Bishop, CA, where he worked as the Education Department director for the Owens Valley Paiute Tribes. The experience set the tone for a long career in tribal and educational organizations. Willis arrived to Roseburg, OR, in the early 1980s, continuing his work at Umpqua Community College in the Student Services department, and later at Rogue Community College as a financial aid officer, helping hundreds of young adults explore their career opportunities. After leaving his mark on the education arena, he decided to serve local American Indian tribes in their quest of cultural restoration and economic self-sufficiency. In 1982, Willis began working with the Confederated Tribes of Siletz Indians, ultimately becoming general manager of the Confederated Tribes of Grand Ronde. His long and distinguished career in Oregon tribal government was illustrious and renowned throughout the State. He is well respected in tribal and State government circles. Willis was appointed to the Oregon State Board of Higher Education in 1993, where he served an important role until he stepped down in 2001. He was pivotal in the rise in prominence of our State Universities. Currently, Willis is winning a hard-fought battle with cancer. I join with countless others in honoring his courage as he fights to overcome this devastating disease. We all look forward to the day that Jim Willis returns to help improve our great State of Oregon.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One such crime occurred in Passaic, NJ, in August, 1999. Kareem Washington, a gay man who sometimes dressed in women's clothing, was stabbed multiple times and left to die in an industrial area in Passaic. Police were unsure of the motive for the murder, however, the victim's wallet was found on his body. The victim was wearing a skirt, high-heeled shoes and stockings at the time he was killed. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. On November 14, 2001, Milwaukee resident Pablo Parrilla was charged with first-degree intentional homicide in connection with the death of his lesbian sister's girlfriend, Juana Vega. The shooting occurred when Vega went to the home of her girlfriend's family to reconcile an argument. Instead, Parilla confronted her outside the house and shot her repeatedly. Parrilla apparently told Vega ``I'm going to kill you because you are gay'' and ``because you turned my sister gay.'' I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, today I rise to honor an Oregon veteran who has gone above and beyond the call of duty in service to his country and to his State. Herman A. ``Mac'' MacDonald was born in 1929 in Boston, MA and has lived in Oregon since the 1978. Mac's entire life has been dedicated to serving America, its veterans, and citizens. Mac's military career began shortly after he graduated from high school in 1948, when he joined the United States Coast Guard Reserves while attending Bryant College. After graduation, Mac joined the United States Marine Corps, as an officer. Mac's military career sent him to distant lands to defend America's interests. He served in combat on the main line of resistance in Korea; he was stationed in Virginia, Hawaii, Illinois, California and Japan. He served as the Commanding Officer of Force Reconnaissance at Camp Pendleton. He also served in Vietnam as part of the top-secret Studies and Observation Group, SOG. Along with the team, Mac served with Marine Reconnaissance, Navy SEALS, and the Green Berets. After Vietnam, Mac was transferred to Marine Headquarters in Washington, DC, where he became a military aide for Secretary of Housing and Urban Development, George Romney. Mac's military background provided Secretary Romney with important insight for policy decisions. Following his service with the Secretary, Mac moved to Toronto, Canada, where he was an instructor at the Canadian Forces Command and Staff College. He returned to the United States in 1976, and retired from the military in 1978. Upon retirement, he had earned a total of 24 ribbons, five of which were personal decorations, in addition to Presidential Unit Citations from the U.S. Army and U.S. Marine Corps. For Mac, retirement meant a chance to follow a new dream. His compassion for children brought him to the classroom, where he became a teacher. From 1978-1985, Mac taught in the Salem School District in Oregon, where he worked with troubled teenagers. He became the principal of the Woodburn Gervais alternative high school and retired in 1999. Mac continues to serve veterans today as an advocate for Oregon veterans' organizations. He is also the curator of the Oregon Military Educational Display, a collection of uniforms, medals, and artifacts from various wars throughout history. The items are put on a display for a month each year at the Oregon State Capitol. Mac has lived in West Salem since 1978 and is proud to call himself an Oregonian. He's been marred to his wife Vi for 46 years and has two grown children, and two grandsons. For his selfless service to others, and to the United States in times of war, I salute Herman A. ``Mac'' MacDonald as an Oregon Veteran Hero.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One such crime occurred in Greenwich Village, NY. There, a 36-year- old man was assaulted by a group of 15 men on his way to a gay bar. Another man on the street yelled an anti-gay slur, and when the victim turned to see who had yelled at him, he was punched in the back of the head. I believe that government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One such crime occurred on April 13, 2001, in San Antonio, TX. A 39- year-old man was attacked in a park because he was thought to be homosexual. After stopping to examine some rocks, the victim was approached by a man with a knife who held him in a bear-hug before stabbing him in the chest. The attacker used anti-gay slurs as he attacked his victim. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. One such crime occurred in Fort Wayne, IN, on March 29, 2002. John Runner, a 34-year-old gay man with disabilities, was found severely beaten in his home. He had also suffered substantial burns caused by hot bacon grease. Part of his brain had to be removed during emergency surgery. Law enforcement agents allege that Runner's cousin and roommate, Maurice Ellis, found Runner in bed with another man and an argument ensued. Investigators say that Ellis proceeded to beat and torture Runner over a 12-hour period. Runner was unable to defend himself due to his disability. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act is a symbol that can become substance. I believe that by passing this legislation and changing current law, we can change hearts and minds as well.