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. Mr. Robert Maricle, a bisexual man from Salinas, CA, disappeared from his community on December 14, 2002. Almost 4 months later, his body was discovered in a shallow grave. Mr. Maricle was reported missing after going out for drinks with three strangers. Police allege that those three strangers are responsible for Mr. Maricle's death, and committed the crime in part 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. On July 7 of last year, three gay friends were violently beaten by a 21-year-old man in Tampa, FL. The man later pled guilty to charges of aggravated battery and battery with evidence of prejudice. The victims were approached in a parking garage shortly after leaving a party at the Florida Aquarium, one event in a 6-day gay pride celebration. Sadly, one of the victims had to visit the dentist more than twenty times to replace teeth lost in the beating. 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 speak about breast cancer prevention, detection, and treatment, a cause I have championed throughout my career as a public servant. I am proud to be a sponsor of many bills to assist the breast cancer community in its fight to treat, prevent, and eventually eradicate this disease. Like many Americans, my family life has been touched by the tragedy of cancer. The impact of this disease on men and women can not be overestimated. Breast cancer is the leading cancer among American women, second only to lung cancer in cancer deaths. Each year, more than 200,000 Americans receive a diagnosis of breast cancer and nearly 40,000 die. What we must remember when confronted with these overwhelming numbers, however, is that behind each statistic is a personal story of struggle and courage. I have heard many of these stories. Today, I would like to share the story of one Oregonian fighting to survive her own disease. Life changed for Janet Romine on August 19, 1999. On that day, this enthusiastic and energetic teacher, wife and daughter reported to her doctor for a regularly-scheduled mammogram. Unlike her previous mammograms, however, a lump was detected that required surgical biopsy. Janet wrote the story of her diagnosis for KGW Northwest News online. In recollecting the wait between surgery and receiving the biopsy results, Janet wrote: ``After the surgery, deep in my soul I knew this was not a simple little lump. I felt violated, depressed and dark as I waited for the phone call.'' In that call, Janet learned that the lump was malignant and would require surgery for its removal and 7 weeks of radiation and drug therapy. Yet, just three days after her diagnosis, Janet participated in the Komen Foundation Race for the Cure in Portland, OR. Janet's friends and teaching colleagues walked the race by her side, having added Janet's name to their banners. Janet describes her cancer diagnosis as a beginning, and not an ending. Like the thousands of women who were diagnosed before her and the thousands of women who will follow, Janet's life changed forever. Sadly, stories of coping and courage are no longer rare. However, there is some good news: the mortality rate from breast cancer has declined 2 percent each year for the last 10 years. It is imperative that we fight to continue this trend by supporting increased funding for breast cancer research, prevention, detection and treatment programs.

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. I will describe one such crime that took place in El Paso, TX. In April 2002, police qualified the murder of Hector Arturo Diaz as a hate crime. Mr. Diaz was shot in the back by an acquaintance, Justen Hall. At the time, Mr. Diaz, a transvestite, was dressed in female clothing. 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. Madame President, I rise today to acknowledge the passing of Joseph W. McCracken on October 26, 2003. For over four decades Mr. McCracken represented the forest products industry in Oregon and other western States, as the executive vice President of The Western Forest Industries Association. Mr. McCracken represented a sector of the industry that I hold in particularly high esteem--a sector comprised of small, family owned sawmills and plywood plants. These are the mills that traditionally depended on our Federal forest lands for their supply of timber. These are the mills that are located in small rural communities where they provide the backbone of the local economy. During his years of service to his industry, Joe McCracken was a fixture in his town and served as an advisor and mentor to many of our predecessors in this body. Warren Magnusen, Scoop Jackson, Mark Hatfield, Bob Packwood, Frank Church, Jim McClure, Jim Melcher, and other stalwarts of our western Senate delegation looked to Joe for counsel and advice on public land issues affecting his constituents. He represented them with a passion and commitment that was exemplary. Joe McCracken was a visionary and was responsible for creating and influencing countless pieces of legislation and regulations that benefitted his industry, the people that work in it and the communities that depend on it. The Small Business Set Aside Program, as just one example, assured small, family-owned mills a fair share of the Federal timber sold from our national forests and lands managed by the Bureau of Land Management. Joe McCracken was a pioneer in crafting the policies and regulations affecting the Oregon and California Railroad lands in western Oregon, today known as the ``O&C'' lands. He did this both as a professional staff person for the Department of the Interior and as an advocate for his trade association. Under Joe McCracken's representation, the small, family owned mills throughout the west prospered. Many of them are under second and even third generation management. Unfortunately, many of them no longer exist. After Joe's retirement in the early 90's, a sea change in Federal policies regulating the management of public forests unfolded to the point that very little timber is being provided from these forest lands and many of the mills have closed. Unfortunately, these were the mills Mr. McCracken fought so hard to preserve. Those that have survived owe their existence largely to Joe McCracken. Joe was born in Dillon, MT in 1924. He served his country as a Lieutenant in the United States Marines. He attended Princeton University where he earned a masters degree in political science. He had a distinguished career with the Department of Interior and, specifically, the Bureau of Land Management prior to taking the leadership position with the Western Forest Industries Association. Joe McCracken was a unique individual who left a profound imprint on the growth and evolution of public forest policy and the industry that is so closely dependent on public forest lands. His contributions to this body in assisting us in the thoughtful debate and deliberation of these important matters are worthy of our formal recognition. I extend my heartfelt sympathy to Joe McCracken's wife Janet and his two children.

Mr. SMITH

Mr. SMITH. Madam President, I rise today in strong support of the H.R. 1904 title I compromise reached by many of my colleagues on both sides of the aisle. I commend them for their work. The issue we take up today is vital. It is important to our ecology and it is important to our economy. When I first entered public life as an Oregon State Senator in 1992, the Pacific Northwest was embroiled in the spotted-owl wars. There was a great debate--and there has been ever since--about what to do with our public resources and how they ought best be managed. In the course of this debate, I have through my public office tried to weigh in on the side of those who elected me to public trust. I come from a part of my State that is rural. I have as my neighbors farmers and foresters. I have seen in their eyes the desperation that comes from watching the slow undoing of their industry and in recent times the destruction of even their homes. I watch with great sadness as we view many of our fellow citizens from California view the ashes of their lives as a result of catastrophic fires that surround their communities and burn up their homes. Their cries are heart wrenching. I expect because they are heard so clearly in this body that we are now taking up this legislation that has long been overdue for our country's sake. But long before I heard the cries of Californians, I heard the cries of Oregonians. In the State of Oregon, from the spotted-owl wars we have laid off tens of thousands of workers. We have watched their lives be undone in rural communities. We have closed our mills, and we have since watched our forests burn. Now my State leads this country in both hunger and in unemployment, and it has much to do with the forest policy of this country. Timber is a renewable resource. It is the one natural resource that grows back constantly. It is safe to say--indeed even provable to say-- that in the State of Oregon today there is more timber growing than when Lewis and Clark went there 200 years ago. That is because for a century while we have harvested trees, we have replanted what has been harvested. But if you listen to the great newspapers of this country, the New York Times and the Washington Post, and you actually believe what they purport to represent about my State, you would come away with the impression that we are about to cut down the last pine tree in the Pacific Northwest. But, again, the truth is much different. What we see in California--and so often in the Pacific Northwest, Montana, Idaho, Oregon, and Washington--is that these fires, which are a normal occurrence in forests, are now on a scale that is truly haunting. We are leaving millions of acres no longer as old-growth forest but as literally moonscapes. What I want my colleagues to understand as we go into this debate is that many of the forests which environmental groups have pled that we protect are in large part gone or in serious jeopardy. They are not gone because of logging. They are not gone because of road building. They are not gone because of development. They are gone because of bureaucracy, bugs, and burning. Now we find that so many of our forests have carbon dioxide in the air and charcoal match sticks on the ground. Here is a visual which shows a fire this summer around the Bend, OR, area. This is a fire the previous summer, the Biscuit Fire in the Siskiyou National Forest. What we are finding in places such as this fire is trees aren't growing back; rather, brush is growing back so that, particularly, new trees can't grow. Yet we are not allowed to go in there and manage the soil. It is growing so thick that it may be a long time before trees ever begin to manifest themselves. The Biscuit fire was the largest in Oregon recorded history. It is also a monument to the mistaken notion that wrapping redtape around our forests will save them from wildfires. Wildfires do not stop at lines drawn on a map. This we see clearly in California today. Another area is the Rogue, Siskiyou National Forest. So the public understands the extent of this devastation, this fire was larger than the State of Rhode Island. It was four times the size of the District of Columbia. In this forest, 85 percent of the roadless area that was designated is gone; 77 percent of the Kalmiopsis Wilderness in the same fire is gone; 68 percent of the wild and scenic river corridor is gone; over 70 percent of the spotted owl habitat in this enormous area is gone. Those birds have been burned up. The message from the ground could not be clearer: Catastrophic wildfire, not logging, not roadbuilding, not development, is killing forests in Oregon. I like the words of Oregon's former Governor, John Kitzhaber, who, after seeing the fires, said: If we burn down the forests, we are not going to have a resource to argue over. He was right. And we are right to pursue this legislation today. I say to my colleagues that there may be some doing the bidding of environmental organizations that will come to the Senate and will offer amendments designed to kill this legislation, so that the health of our forests cannot be ensured. Many of my colleagues on the Democratic side have shown enormous courage. Chief among them is my colleague, Ron Wyden, in coming up with a compromise. I plead with all of my colleagues, Republican and Democrat, that they hold to this agreement that the Democratic leader has now endorsed. This has to happen for our country's sake. It is literally a life-and- death issue. I plead with those who have amendments to think again about it. This legislation truly needs to pass. I was struck by a comment on the Web site of the Sierra Club. I understand one of the amendments may be a roadless initiative. That may be fine to debate in isolation or as part of a separate piece of legislation, but if presented to frustrate this agreement, it is truly unfortunate. The Sierra Club Web site tells us that roadless forests ``provide sources of clean water to millions of Americans, essential habitat for wildlife, and special places to hike, hunt, camp and fish.'' That is true, unless what can be seen in this picture happens to the roadless area. We have every reason to pass this moderate legislation. Many on the Republican side would have crafted something that goes even further than this legislation. We would have done something like the House of Representatives, which I endorsed. We are now holding to this agreement. We will be voting against amendments, even ones we may like, that are designed to kill this legislation. I hope everyone will hold to the deal. If we hold to the deal here, we will hold to the deal in conference, and that will leave America's forests and America's foresters the better. For the sake of our ecology and the sake of our economy, I urge the passage of this bill and thank all of my colleagues, Republican and Democrat, who have had a hand in crafting this Senate compromise. They have done their work and will leave our Nation better. I yield the floor.

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. I describe a sad and reprehensible display of intimidation that took place in Peoria, IL, on July 6, 2001. That day, Forest Hatley and Charles Lambert decided to burn a cross at a home in Macomb, IL, where an interracial couple lived. The two men constructed a 7-foot by 3-foot cross and doused it with gasoline. Shortly after midnight, the two men transported the cross to the victims' yard, planted it in front of the home, and ignited it. Lambert and Hatley each admitted this action was taken to intimidate the couple because of the male's race and because he was living with a person of another race. 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 March 17, 1999, Murietta, CA, resident Randy Bowen, who is black, was attacked at a party in the Lake Skinner Hills. Bowen's two white assailants were self-proclaimed white supremacists. They first hit Bowen in the head with a bottle and, when he fled, slashed his back using a straight razor. Both men were found guilty of committing a hate crime. 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. I would like to describe such a crime committed on July 30, 2001. In Santa Ana, CA, a 22-year-old man stabbed his 17-year-old Asian neighbor, Kenneth Chiu, as the victim was returning from a date. Before dying, Mr. Chiu identified his attacker who later confessed that he targeted Mr. Chiu because of his identity. He told investigators that he hated Asians and other ethnic minorities. 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. Earlier this month, two men were slain in Stevens County, Washington. Russell Charles Markvardsen, 52, and Matthew Lee Raynor, 32, were shot to death at close range with a shotgun in their cabin in the Onion Creek area. The two men previously lived in a log home that was destroyed in a May 2002 fire that authorities investigated as a possible arson. At the time, the men told the Spokesman-Review newspaper in Spokane that they suspected arson because of possible prejudice against their homosexuality. 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, in every sense of the word, Dr. Allen Merritt is a true health care hero for the State of Oregon. Dr. Merritt is not only a caring and compassionate pediatrician, but also a tireless and dedicated volunteer. His work to serve the physical and mental health needs of children, as well as his work to help enact important state initiatives on behalf of children, serves as an inspiration to us all. Dr. Merritt has practiced medicine at St. Charles Medical Center in Bend, OR, for the last 7 years. Although Dr. Merritt received his medical degree from the University of Kansas, his entry into the Oregon medical community began at Lewis and Clark University where he received a Certificate in Health Care Administration. Dr. Merritt later received a Masters of Public Administration in Health Care Administration at Portland State University. In Bend, Dr. Merritt serves multiple organizations dedicated to the well-being of children in Deschutes County and throughout the State. Most notably, Dr. Merritt serves on the Oregon Commission for Children and Families and is a reviewer for the Oregon Board of Medical Examiners. Besides serving children as a pediatrician and respected state leader, Dr. Merritt has also dedicated his time and effort to numerous community charities including Project Stepping Stones, which promotes infant hearing screenings; The Boys and Girls Club; and, Deschutes County Children's Foundation. As the 2003 recipient of the Oregon Medical Association's Doctor- Citizen of the Year Award, Dr. Merritt was recognized for his immeasurable contributions to health care in the state of Oregon. For dedicating his life's work to the improvement of health care I would like to again recognize Dr. Allen Merritt as an Oregon Health Care 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. I would like to describe a horrific double homicide that occurred in 1996. Two lesbian women hiking in Shenandoah National Park were assaulted and gagged. Their assailant slashed each woman's throat, leaving them for dead in the forest. Although still awaiting trial, the man accused of killing the women stated that they deserved to die because they were homosexuals. 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. I would like to describe a terrible crime that occurred in Washington, D.C. On August 21, 2003, Aaryn Marshall, 25, was shot and killed. Mr. Marshall was a transgender individual, and dressed and lived as a woman. Police have classified the second-degree murder as a hate crime. Mr. Marshall was one of three transgendered residents shot in the city in a six-day period in August. 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. I would like to describe a horrific crime that occurred in West Hollywood, CA. After hugging a male friend outside of his home in September 2002, actor Treve Brody was beaten with a baseball bat. Mr. Brody was in a coma, and spent 10 weeks in the hospital after being struck in the back of his head. He suffered memory loss and impaired vision that prevents him from reading or driving. 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, along with my colleague from the State of Idaho, I will talk in morning business about the economy. We have heard for 2\1/2\, nearly 3 years of the Bush Presidency that President Bush is responsible for the economic downturn. Little is said about the economic facts that existed when he took his oath of office; specifically, that the economy was in a tailspin, that Wall Street had lost at least $7 trillion of equities, and unemployment was rising dramatically. Indeed, President Bush inherited a situation that was not of his making and frankly not even of President Clinton's making, because we had witnessed the bursting of a stock market bubble and the dashing of hopes of tens of thousands of pensioners all over this country. It is a fact of political life that politicians are given too much credit and too much blame for the natural, immutable cycles of a free market economy. The latest casualty in this judgment on politicians is probably Governor Gray Davis of California. I remember during the heydays, the bubble days, California was held up as the miracle model and Governor Davis was hailed as a hero. He accepted the credit. I heard, with some pain, frankly, the other day when he acknowledged how much economic trouble they were in and that he had gotten too much credit for the good times and now was getting too much blame for the bad times. Guess what. Governor Davis was right. The truth of the matter is we in public life do not control a free market economy, and if we ever do, we will have a socialist economy which will ill serve the American people. Before I came to this Chamber, I ran a business. On a seasonal basis, we employed as many as 1,200 people. During the Reagan years, they were boom years; they were wonderful years. In trying to expand my business, I always remembered the factors that helped me make a decision whether to invest in a new piece of equipment or to acquire another plant. It had little to do with who the President of the United States was. It had little to do with the fact that I was proud that Ronald Reagan was my President. Two of the factors Government did have an impact upon, beyond regulation, were interest rates, which are controlled by the Federal Reserve, and taxes, which are controlled by the Congress and the President. In those days, taxes were coming down, interest rates were falling, and the American economy was booming. Then during the Clinton years, there was a business correction under President Bush. As President Clinton took his oath of office, the American economy again boomed with productivity and prosperity, and President Clinton was great to take credit for the conditions of our free market economy but wanted nothing to do with its collapse as he left the Presidency. Again, too much credit, too much blame, for President Clinton and President Bush. As I listen to those who aspire to the Presidency to replace our current President, I hear them speak of the Bush economy in the most derisive of terms, but I wonder how they are beginning to factor in all the good news that is beginning to come out about the American economy, as the immutable cycles of supply and demand, the falling of tax rates, the falling of interest rates, are beginning to show up in the lives of the American people. How will they deal with the fact that consumption has been rising and topped 12 percent on an annual rate last month, and that has the potential to translate into economic growth, GDP, of 6 percent? I suspect it will probably top out somewhere around 4 percent, but that is a very healthy economy. How will they deal with the fact that jobless claims are falling, and quickly, in many parts of our country? In fact, jobless claims are now lower than they were in February. More good news: production in our Nation's factories has increased, not decreased. Home-building starts are now at record levels. Over 1.9 million new homes on an annual basis are on the books now and being built as we speak. This is the second highest level of home building in 17 years. I believe consumers understand that things are improving and there is reason to feel that once again morning is coming to America and good days are ahead. But we can yet do more. I think we can do that in the FSC bill that has gone through our Finance Committee and is now in a conference committee. It contains a feature I helped get into the bill, as a most important provision, called repatriation. This is a provision that will bring at least $300 billion of new investment in the next year into the United States. What does it mean to companies in Oregon such as Nike, Intel, and Hewlett-Packard, which are our biggest employers? It means they can bring these foreign profits back for investment in American jobs. Some say it is not good tax policy. Some say it is not fair. I say, do we want the jobs or do we not? If one wants to understand what this means in very real human terms to this country, recently Dr. Allen Sinai completed a study on what repatriation would mean to this country. He said it would mean up to 650,000 additional jobs created in the first 2 years. He said $70 billion of the deficit would be eliminated. He said that increased GDP could be enhanced by 7 to 9 percent by 2005. He also said business capital spending, primarily of equipment, could peak at $75 billion by 2005. We can do more and Government should do what it can. It cannot control the cycles of supply and demand, but we can keep downward pressure on interest rates. We can keep downward pressure on taxes. We can keep rules and regulations reasonable and we can allow the genius of the American people to be manifested again in a free market economy. Finally, I think it is very important to note that our friends on the other side who say the key to American prosperity is to invest in public things, in public investments, are right at the margins, but they are not right at the center. What makes America work is entrepreneurial spirit with the right environment to invest to produce quality products we can afford, and to provide a service that makes us happy. Ultimately, those who come with great jobs bills of public works--if that really could make an economy hum, then Japan would be leading the world and many European countries would be leading the world because they have fallen for this short-term, sugar-coated candy that says the government can do it, private industry does not need to do it, and it can be done through public works. If that were true, then the New Deal would have ended the Great Depression, but it did not. World War II did. If that were true, then Japan and Europe would be leading the economies of the world instead of waiting for the American free market economy to begin taking off again. In conclusion, I think the good news is the American economy is beginning to hum again. For that, I am very thankful. I yield the floor.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crimes legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement Enhancement Act, a bill that would add new categories to current hate crimes law, sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred in my own backyard in Portland, OR. Early in the morning on Sunday, September 21, 2003, two men who identified themselves as skinheads, stabbed one African-American man and threatened another with a gun. Sadly, these two racially motivated crimes were committed by young men--both in their early twenties--with hate in their hearts. 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 join my colleague, Senator Lautenberg, in the introducing an important resolution. This resolution condemns the highly inflammatory and hate-ridden statements by the Malaysian Prime Minister Mahathir Mohamad at the opening of the Organization of the Islamic Conference this Thursday. Prime Minister Mohamad expressed the most despicable of views toward people of the Jewish faith. The Malaysian Prime Minister did not confine himself merely to vitriolic anti-Semitic remarks, however. He moved to incite Muslims throughout the world to fight Jews. These remarks are not only hateful, but directly undermine the goals of tolerance and understanding that the U.S. hopes its allies will promote. As you are aware, President Bush is currently in Asia and will attend the Asia-Pacific Economic Conference in Thailand, October 20. This resolution urges the President to condemn the Prime Minister's remarks when the two meet next week. I urge my respected colleagues to join us in supporting this important legislation.

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. I would like to describe a terrible crime that occurred in Pittsburgh, PA. On April 19, 2002, Adam Bishop was bludgeoned to death with a claw hammer by his own brother, Ian Bishop, 14, and alleged accomplice Robert Laskowski, 15. As several witnesses testified, the killing was because Ian thought his brother was gay. The victim was struck by his brother at least 15 times with the hammer and was moved to various parts of the home before he was left to die in a bathtub. 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. I would like to describe a terrible crime that occurred in Indianapolis, IN. In October 1999, Jamie C. Carson and two accomplices robbed and tortured two men who were targeted because they were gay. Police said that one victim was forced to drink a mixture of bleach and urine. Both men were tied up and burned with a steam iron. 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, this morning, we awoke to the tragic news of what happened to the convoy of United States personnel traveling in Gaza. My condolences go out to their families, loved ones and colleagues. These brave Americans were accompanying United States diplomats going to interview young Palestinians for the opportunity to study in this great country on Fulbright scholarships--offering them a chance for a better life. These fallen men were the 48th through 51st American victims of Palestinian Arab terrorism since the signing of the Oslo accords in 1993 alone. Several of my colleagues have made mention of the fact today that Saddam Hussein rewarded terrorists who carried out suicide bombings in Israel. We must not forget that dozens of Americans were among their victims, and that many who planned and orchestrated these horrific acts remain at large today. The deplorable attack on the U.S. convoy sickens me. but it does not surprise me. It should have not been allowed to come to this. For far too long, the State Department has done little to bring the murderers of Americans in certain regions and incidents to justice. For the other 48 Americans, the wheels of justice have been virtually non-existent. This is because every step of an investigation abroad must be cleared by and coordinated with the Department of State. For too many years, and for too many American families, adequate consent and opportunity to pursue has simply not been forthcoming due to ``diplomatic'' considerations. This is wrong. The families who have lost loved ones should not have their grief compounded by a lack of justice from our own system. The virtual impunity afforded certain terrorists sends the wrong foreign policy signal to would-be terrorists around the globe. If we are indeed engaged in a global war on terrorism, then why is justice not pursued to its fullest extent when the terrorists are Palestinian or citizens of countries, such as Indonesia or Yemen, with which we are keen to maintain good relations? We must send the message that we, as a country, are no less than 100 percent committed in our resolve to investigate and prosecute the murder of innocent Americans abroad, whether they be high-level diplomats, school teachers on a picnic, or children whose lives are cut short. We have sent precisely the wrong message to would-be terrorists in certain regions of the world for far too long. This culminated in today's tragic events in Gaza. The State Department obviously maintains considerable influence in the investigation of the cases of official and non-official Americans who have been killed abroad. But the pursuit of justice should not primarily be an issue of diplomacy, but of justice. The return address for this entire issue of Americans who have been killed by terrorists abroad simply belongs in the Justice Department. That is why I call upon you today to join me and almost two dozen other Senators in cosponsoring the Koby Mandell Act of 2003. The act calls for transferring the lead responsibility for the investigation and prosecution of terrorists who have killed Americans abroad into is rightful destination, the Department of Justice. I urge you to cosponsor S. 684, the Koby Mandell Act of 2003, and to send a message to terrorists that we have their number, and that one day, hopefully sooner than later, their number will be up.

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. I would like to describe a terrible crime that occurred in Okinawa, Japan. On October 27, 1992, Terry Helvey brutally murdered Navy Seaman Allen R. Schindler, Jr., his ship mate. Helvey beat and stomped Schindler to death because Schindler was gay. Helvey's attack was so vicious that he destroyed every organ in Schindler's body. Schindler was so badly beaten that he could hardly be identified afterward. Schindler's mother, Dorothy Hajdys-Holman, could only identify her son by the remains of a tattoo on his arm. The medical examiner compared Schindler's injuries to those sustained by victims of fatal airplane crashes. 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. I would like to describe a terrible crime that occurred in Springfield, VA. On September 7, 2003, a Muslim woman was stabbed in the back outside a Fairfax County shopping mall and called a ``terrorist pig'' by her assailant. The 47-year-old convert to Islam was treated at a local hospital for a 2 to 3-inch deep wound on her lower back. 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. I would like to describe a terrible crime that occurred in Lincoln, RI. On August 28, 2000, Jesse Ousley, a gay teenager, was severely beaten by a police officer using antigay invectives. Ousley received a bloody nose, two black eyes, and numerous contusions, including marks on his neck, allegedly from the police officer's attempt to strangle 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. 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. I would like to describe a terrible crime that occurred in Atlanta, GA. In May 2001, Ahmed Dabarran, a gay man who was a Fulton County Assistant District Attorney, was brutally beaten and murdered. Dabarran's perceived sexual orientation by his attacker was a motivating factor in his death. Sadly, even though his killer confessed to the crime, a Cobb County, GA, jury later acquitted 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. Mr. President, I rise today to speak about the need for consistent tax treatment of employer-provided health insurance for domestic partners. Today, Senator Bob Graham and I are introducing the Domestic Partner Health Benefits Equity Act, a bill that seeks to simplify the tax code and address the growing trend among both public and private employers who have decided to provide domestic partner benefits to their employees. More than one-third of Fortune 500 companies, as well as numerous State and local governments, are providing health insurance benefits to the domestic partners of their employees. This is a clear trend in the American workplace. However, Federal tax law has not kept pace with corporate changes in this area and employers who offer such benefits and the employees who receive them are taxed inequitably. Our legislation would provide consistent tax treatment for employer- provided health insurance for domestic partners. Currently, the tax code provides that the employer's contribution of the premium for health insurance for an employee's spouse is excluded from the employee's taxable income. An employer's contribution for the domestic partner's coverage, however, is included in an employee's taxable income as a fringe benefit. In addition, the employer's payroll tax liability is increased. This forces businesses to create a two- track payroll system for benefits provided to spouses and those provided to domestic partners, an administrative burden that this legislation would eliminate. I believe that by passing this legislation and changing current law, we will increase the number of Americans covered by health insurance by providing employers with a tax incentive. The tax code should not penalize employers for offering these benefits to their employees. I urge my colleagues to join me and support the Domestic Partner Health Benefits Equity Act. I ask unanimous consent that the text of this legislation be printed in the Record.