Gordon Smith

Mr. SMITH

Mr. SMITH. Mr. President, today I have joined with my colleague from Alaska to sponsor an amendment to S.14, the Energy bill, which would strengthen the commitment of the United States to supply oil to Israel and other nations pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. The United States is currently party to two agreements to ensure that in the event Israel was unable to independently acquire its own supply of oil, the United States Government would procure the necessary oil to meet Israel's needs.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce the Pathways to Independence Act of 2003, along with Senators Conrad and Jeffords. This bill includes two important provisions that we will work to include in the TANF reauthorization. These provisions will help both TANF recipients with disabilities, and the States as they work with people with disabilities in their respective programs. In July 2002, the General Accounting Office reported that as many as 44 percent of TANF families have a parent or a child with a physical or mental impairment. This is almost three times as high as among the non- TANF population in the United States. In eight percent of TANF families, there is both a parent and a child with a disability; among non-TANF families, this figure is one percent. The GAO's work confirmed the findings of earlier studies, including work by the Urban Institute and the HHS Inspector General. These figures mean that we need to make sure that TANF reauthorization legislation give States the ability and incentives to help families meet their current needs, while also helping them to move from welfare to work. This is the lesson that Oregon and many other States have already learned as they developed and refined their TANF programs. The first provision of my bill provides a pragmatic approach to helping parents with disabilities and substance abuse problems receive the treatment and other rehabilitative services they will need to succeed in a work setting. It is designed so that, over time, States can gradually increase the work activity requirements, while continuing to provide them with rehabilitative services. Under this proposal, much like in other proposals under consideration, a person participating in rehabilitation can be counted as engaged in work activity for three months. After the first three months, if a person continues to need rehabilitative services, the State can continue to count participation in those activities for another three months, so long as that person is engaged in some number of work hours, to be determined by the State. The next step of my proposal builds on the concept of partial credit that is being considered in the Senate Finance Committee. If, after six months, a State determines that a person has a continuing need for rehabilitative services, the State may create a package that combines work activity with these services. The State will receive credit for the individual's efforts so long as at least one-half of the hours in which the individual participates are in core work activities. For example, if a State receives full credit for a person who works 30 hours per week, and the State has determined that an individual needs rehabilitative services beyond six months, that individual would need to be engaged in core work activities for at least 15 hours per week to get full credit, with the remaining 15 hours spent in rehabilitative services. Similarly, if partial credit is available for a person who works 24 hours per week, then a State could receive that same partial credit if the person was engaged in core work activities for at least 12 hours per week, with the remaining 12 hours spent in rehabilitative services. This approach is appealing for many reasons. First, it allows States to design a system in which a person can move progressively over time from rehabilitation toward work. Second, it gives States credit for the time and effort they will need to invest to help people move successfully from welfare to work by allowing States to use a range of strategies to help these families. Third, it creates a more realistic structure for individuals with disabilities and addictions who may otherwise fall out of the system either through sanction or discouragement, despite their need for financial support. Finally, this approach is appealing because it is designed to work within the structure of the final TANF reauthorization bill. The second provision in the bill would allow States the option of counting as work activity the time that an adult in a TANF family spends caring for a child with a disability or an adult relative who is in need of care. The studies reflect that these people often cannot find care for their relative so they can work. They are often forced into the impossible choice of caring for their child with a disability, or leaving that child to go to work in order to continue receiving their TANF grant. This is not a choice a parent should ever have to make. In order to be able to count the care provided by the TANF recipient as work activity, the State would first be required to determine that the child or adult with a disability is, in fact, truly disabled, and that the person needs substantial ongoing care. Then, the State must decide that the TANF recipient is the most appropriate means for providing the needed care. The State would also have to conduct regular periodic evaluations to determine that the child or adult with a disability continues to need the care provided by the TANF recipient. Nothing in the provision prevents a State from determining that the TANF recipient can work outside the home or engage in other work-related training or other activities that will help the person eventually move to work on a full- or part-time basis. I would like to submit for the record a letter from close to forty national organizations that are members of the Consortium for Citizens with Disabilities supporting this legislation, as well as a letter of support from my home State of Oregon. I look forward to working with my co-sponsors, Senators Conrad and Jeffords, and with the Chairman of the Finance Committee on these important provisions in the upcoming months, and I urge my colleagues to join us in support of this legislation. I ask unanimous consent that the text of the bill and letters of support be printed in the Record.

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 Portland, OR. On November 13, 1988, Mulugeta Seraw was savagely beaten to death by three white supremacists. Seraw had been visiting with two other Ethiopian males and was on his way home when he was attacked. Three members of the East Side White Pride jumped out of their car and beat 27-year-old Seraw to death with steel baseball bats. 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, Vail Blackwell Horton is a self- described ``man with a vision on a mission.'' Vail was born 25 years ago without legs and has since dedicated himself to enabling people with disabilities to become active members of their communities. As the founder and CEO of Ken Mobility, Vail and his team of outstanding employees are developing new technologies and services to empower people with disabilities. Innovative assistive devices like the ``Keen Krutch'' and ``Sure Foot Forearm'' are engineered to significantly reduce the onset of painful conditions and ailments like osteoarthritis. Vail's products have helped improve the quality of life for many with disabilities. One client raved: ``I can't find the words to tell you what your invention has done for my life . . . I am not as embarrassed to walk with my crutch because I think it is a real looker. It has given me a badly needed boost to keep on fighting the fight to live and walk in this world.'' In addition to Keen Mobility, Vail founded Incight, a nonprofit organization that focuses on employment and education issues for people with disabilities. Appearing frequently as a motivational speaker, Vail aims to ``educate and encourage individuals to acknowledge their handicap, but not let it dictate their life.'' Vail's tireless spirit serves as an inspiration to us all. Today, I am proud to honor Vail Blackwell Horton as a Health Care Hero for the 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. I would like to describe a terrible crime that occurred in Boston, MA. On July 4, 2003, a group of teens attacked a lesbian woman, Lisa Craig, at a Fourth of July fireworks display in Piers Park. Craig, her partner, and her two daughters were picnicking and watching fireworks. The trouble began at the park's playground when a group of teens began shouting homophobic epithets. When Craig asked the groups to leave, she was struck in the head by one of the teens. The attackers continued to punch and kick Craig as she was bleeding on the ground. Given the severity of her head injuries, Craig underwent 2 operations and received over 200 stitches. 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 some Oregonians who are real leaders in environmental stewardship, the Bailey family of The Dalles, OR. Their family-owned and operated cherry operation, Orchard View Farms, is renowned for its high standards, both in product quality and in environmental management. Orchard View Farms was established in 1923 in the heart of Oregon's cherry growing region, the mid-Columbia Gorge area nestled in the foothills of Mt. Hood. The Baileys have worked hard to ensure their operation is a good neighbor the environment and the surrounding community. They have championed the Mid-Columbia cherry Integrated Fruit Program, a total farm conservation plan that is modeled on a similar program in northern Italy. The Integrated Fruit Program, or IFP, encompasses all aspects of fruit production, from growing to packing and marketing. IFP emphasizes high quality fruit production that is economical for the grower and has a minimal impact to the environment. This requires careful placement of orchard plants, close monitoring of soil moisture levels and nutrients to avoid unnecessary irrigation or excess fertilizers. There is also an emphasis on non-chemical means of controlling plant pests and disease. The end result is more than 3000 tons of Ranier and Bing cherries that the Baileys ship to markets across the country and to Europe and Asia every year. Their accomplishments have not gone unnoticed by the farm conservation community--the American Farmland Trust recognized the Bailey family last year with its prestigious Steward of the Land Award. In addition to their important work in the area of farm conservation, the Baileys have also worked closely with my office in the past on the challenging problem of reforming the agricultural guest worker program. I am speaking about Orchard View Farms today to remind my colleagues that every day farm families like the Baileys are working hard to make a living in farming, ranching, or forestry in a way that is good for their community and good for the environment. They take their stewardship responsibilities seriously and deserve our commendation for adhering to these principles, especially in a time of unprecedented economic challenges for farmers in the form of increasing food imports and numerous regulatory mandates. I think we can all be proud of families like the Baileys who are truly leaders in environmental stewardship and demonstrate how American agriculture can succeed in this increasingly competitive global food market.

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 Los Angeles, CA. On September 12, 2001, two Spanish-speaking women were harassed and beaten by another patient in a doctor's office. Believing the women to be of Middle Eastern descent, the attacker verbally and physically assaulted the women in retaliation for the September 11, 2001, terrorist attack on the United States. As the attacker struck the women, she yelled ``You foreigners caused all this trouble.'' 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 Reedley, CA. On September 21, 2001, Abdo Ali Ahmed was killed after receiving a death threat and a hate note deriding his ethnicity. Ahmed was a 51- year-old Yemeni shopkeeper and father of eight. Before his murder, Ahmed had lived in California for 35 years. 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 Omaha, NE. On September 12, 2001, two Muslim women were physically assaulted with a soda can as they walked through a parking lot of a Methodist hospital. The women were both wearing traditional hijab. 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. I join my distinguished colleague from Oregon in applauding the NCDDM program. This program will prepare civic and business leaders to face the challenges presented by domestic emergencies. NCDDM will enhance the decision-making abilities of first responder management, health managers, and appointed and elected officials. As our Nation continues to fight terrorism, programs like NCDDM will be an important component of our homeland security strategy. I thank my colleagues--the chairman of the Homeland Security Appropriations Subcommittee Cochran and Ranking Member Byrd for their support of this program and for their clarification of the committee's intent in assuring that the NCDDM program is eligible for funding today and may apply for competitive grant funding under the Office of Domestic Preparedness national programs in fiscal year 2004.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to speak about the need for hate crime legislation. On May 1, 2003, Senator Kennedy and I introduced the Local Law Enforcement 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 Grand Rapids, MI. Justin Bogdanik, 18, was seen June 25, 2003, getting into a white tractor-trailer cab. The next day, he was found unconscious in a ditch at a Livingston County rest stop, 80 miles to the east. He had been beaten unconscious, his eyes were glued shut, there was adhesive on his genitals, and there were signs of sexual torture. Justin was taken to a hospital, where he survived on life support for almost 2 weeks. He died on July 8, 2003. Police in Grand Rapids are investigating this brutal attack as a homicide and a hate crime-related death. 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 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 on September 17, 2001. In Wilmington, DE, a 25-year-old man was charged with a hate crime after he and a 22-year-old friend fled a liquor store with several bottles of alcohol. When the Middle Eastern manager of the store attempted to stop the pair, the thief yelled, ``Bin Laden, you're going to pay for it,'' before striking 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. In the last Congress Senator Kennedy and I introduced the Local Law Enforcement 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 on September 21, 2001. In Holden, MA, a 20-year-old man stopped at a traffic light assaulted another driver because he thought he was of Middle Eastern descent. The assailant got out of his car, pulled the driver out of his van, and proceeded to attack the victim. The assailant punched and yelled at the victim, striking him several times before the van driver attempted to fight 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 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 Westbury, NY. On September 19, 2001, a 42-year-old man was charged with a bias crime after assaulting a gas-station attendant. Police reported that the victim was punched in the head by the assailant after he had questioned the attendant about his ethnicity. 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 salute Ms. Janice Kane, an outstanding health care worker from my home State of Oregon. Ms. Kane is a model for all registered nurses, not just in the state of Oregon, but across the country. Her commitment to serving Oregonians is a shining example to us all. Like many in her field, Ms. Kane has gone above and beyond the call of duty to help patients in need. In addition to healing broken bodies, she has also worked to support the spirits of those in pain. Over the past two years, Ms. Kane has sewn over 6,000 multi-colored pillows to help comfort patients at the Good Samaritan Regional Medical Center in Corvallis. However, Ms. Kane's benevolence is not limited to Oregonians; she recently offered boxes of pillows to soldiers wounded in Operation Iraqi Freedom. Her gift to our country's soldiers is one of immeasurable value. By offering her time and talent to this cause, Ms. Kane has helped remind American soldiers abroad that their sacrifices are not being forgotten at home. Despite the hardships currently facing the nursing profession, Ms. Kane has not failed in her drive to serve those in need. All states are experiencing an increasing shortage of health care workers, and particularly, of nurses. Last year, the Senate passed the Nurse Reinvestment Act to better recruit and retain nurses. Nevertheless, we can and should do more. Our country's health care system needs more people like Ms. Kane, and we should do everything in our power to ensure that we support America's nurses. I salute Janice Kane for her exceptional work as a registered nurse and wish to dignify her contribution to our great state and to our nation by naming her 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 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 Elkhart, IN. On November 17, 1999, Sasezley Richardson, a 19-year-old black teenager was shot dead as he strolled back from a local mall with diapers for a friend's baby. The two men that shot Richardson said they shot the young man solely because of his race. The victim was black and the perpetrators of the crime were white. One of the shaven-headed suspects told police he was a member of the violent, white supremacist Aryan Brotherhood, while the other reportedly said he wanted to kill a black person in order to get in the group. 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 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 Houston, TX. On September 21, 2001, a 30-year-old political refugee from Iraq was returning home at approximately midnight when he was threatened and injured by a gunman. As he opened his car door, the victim was approached by a young man who greeted him in Arabic. Suddenly, the attacker drew out a handgun and pointed it to the victim's head. When the victim offered money, the gunman said, ``I don't want your money. Your people killed my people. You are from the Middle East.'' The victim grabbed for the gun and was shot in the left hip in the struggle. The gunman fled on foot. 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. (At the request of Mr. Daschle, the following statement was ordered to be printed in the Record.)

Mr. SMITH

Mr. SMITH. Will the Senator yield for a question?

Mr. SMITH. Senator Kennedy has heard opponents of this legislation suggest all crime is hateful and this is unnecessary. But isn't it a fact that for 30 years America has had a hate crimes law, most States have hate crime laws? These have been vetted constitutionally, and even William Rehnquist, the Chief Justice, one of the great conservatives who ever served on the Court, was the author of the opinion that said hate crime laws are constitutional because crime always consists of elements, and hatred is one of the motives of determining whether this fits in the category of a hate crime. Aren't they constitutional? And isn't it a great moral principle for America to say, in terms of new categories of Americans who are demonstrably more vulnerable, that they should now be included in these very old statutes of the United States?

Mr. SMITH. Will the Senator yield for a question?

Mr. SMITH. I ask the Senator, on the other issue he raised, to put a bipartisan cast to the conversation, is it not true that the Senator and I are the cosponsors----

Mr. SMITH. I will not be long. I was mindful Senator Kennedy was speaking to the issue of hate crimes. I was going to ask him the question that I think he would agree with. We acknowledge at a surface level the argument could be made that hate crimes do not belong on a State Department authorization bill. That is the case at a surface level, but it is also true that our foreign policy should reflect the values of the American people. The values of the American people say the war on terrorism is waged not just abroad but here at home. Our country is plagued with hate crimes. Some people will say all crimes are hateful, but what Senator Kennedy and I are focusing on are those crimes which target a community of vulnerable people--whether race, religion, gender, disabled, and additionally those whose sexual orientation is different from the majority. It is an incredible tragedy that the Federal Government has not been allowed to participate in the hate crimes prosecution in places where sometimes local police departments are overwhelmed by national media, or places where the prosecutions do not occur as they ought to. Senator Kennedy and I are proposing as part of this bill we take up the issue of hate crimes. This institution has passed this issue before by large majorities. We ought to do so again. Many in this country have strong feelings on the issue of gay and lesbian rights--some for, some against--but it is my position that we all ought to be opposed to hate crimes and be prepared to do something about it. I will never forget the enormous tragedy of the murder of Matthew Shepherd and the impact that had on me when I considered the Federal Government was not permitted to help the Laramie police department that was overwhelmed by national media; the Federal Government had to be silent because we had no statutory authority--not to take over State or local effort--to help them in this effort. As a moral principle the Federal Government ought to show up in the prosecution and pursuit of those who commit hate crimes. These are happening far too often. Sometimes those on my side will say: This is not consistent with a family value. There is nothing about hate crimes that represents a legitimate family value. Some of the things that are held up as family values are phony values. Marriage is one of those that is a very real family value. We ought to have a debate on that, too. But when it comes to hate crimes, public protection for all of our citizens, we need to act. Senator Kennedy and I have both said to the managers of this bill we would rather not bring it up on this bill. It is a fact this authorization is probably one of the few that will make it through in the balance of this session of Congress. We do not think this should wait any longer. We think terrorism abroad, our foreign policy opposing terrorism, ought to be reflected by the values of the American people who oppose terrorism at home. Hate crimes are a very real form of terrorism. We ought to do something about it. The Federal Government ought to show up to work and we ought to come together around a real family value which is the opposition to hate crimes. I have said before, if you want to talk to me about sin, come with me to church. If you want to talk with me about public policy for all of us sinners, let's go to the Senate and make sure we provide protection for all of America's children. Hate crimes is the vehicle. The majority leader is working with Senator Kennedy and I to get us the opportunity before the August recess to have a period of debate--it need not be long--and a straight up-or-down vote so we can get this moving in the process, consistent with America's values abroad so we are consistent at home fighting terrorism. 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 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 San Jose, CA. On September 14, 2001, a young Muslim university student was forcibly elbowed out of line in a coffee shop. After pushing the young student, the man then told the clerk, ``I'm an American, serve me first.'' 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, my job as a Senator is to help protect and defend the freedoms of all Americans. Among the most basic freedoms are those we most often overlook: the freedom to choose where we live-- for example, among family and friends and not among strangers--the freedom to walk down your neighborhood street, and not in a restricted courtyard; and the freedom to be an active member in your community. All too often, these basic freedoms are denied to older Americans and Americans with disabilities. I have noticed an alarming trend in this country: we are unnecessarily isolating people with disabilities from their communities, friends, families, and loved ones by placing them in institutional care facilities. Many of these Americans should not be in a nursing home or other institutional setting. Many Americans with disabilities could be better served--and better integrated into their communities--by allowing them to live in community-based homes. However, recent data indicates that 70 percent of Medicaid dollars are spent on institutional care and only 30 percent are spent on community services for the disabled. Because Medicaid requires that States provide nursing home care for Americans with disabilities but does not require the same for community-based services, many individuals with disabilities and older Americans are forced to live in isolated settings. In order to preserve the freedoms of our friends in the disabled community and their loved ones, we must do something to reverse this trend. I would therefore like to join my distinguished colleague from Iowa as a cosponsor of the Money Follows the Person Act of 2003. The Senator from Iowa and I first introduced the provisions of this act as an amendment to S. 1, the Medicare and Prescription Drug Improvement Act of 2003. This bill would enact the President's 2004 Money Follows the Person Program to give people with disabilities the freedom to choose where they want to live. Under this legislation, Oregon's effort to help an individual move out of an institutional facility and into a community home would be 100 percent federally funded for 1 year. After that first year, the Federal Government would pay its usual rate. Under the provisions of this bill, States can take advantage of $350 million annually for 5 years for a total of $1.75 billion. These dollars can help reintegrate countless older Americans and Americans with disabilities into a setting where they can be more active citizens. For instance, this bill is supported by the Oregon Chapter of Paralyzed Veterans because it helps honor and reintegrate those veterans whose disabilities resulted from noble and selfless service to this Nation. Under the Americans with Disabilities Act and the Olmstead Supreme Court decision, we know that the needless institutionalization of Americans with disabilities constitutes discrimination under the Americans with Disabilities Act. Americans everywhere realize the value of integrating Americans with disabilities into our communities. Needlessly isolating productive citizens from their communities, whether they are disabled or not, is unfair and unjust. It is time we work to reintegrate disabled Americans back into our communities. I urge my colleagues on both sides of the aisle to support this important bill and to support the freedom of choice for Americans with disabilities.

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 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 series of terrible crimes that occurred in Ashton, MD. During September 2001, an Arab-American homemaker was attacked and her property vandalized by a female neighbor. The neighbor spread feces across the Arab Americans' porch three times, pelted the home with dead plants, and doused the woman with liquid. The neighbor doused the Arab-American woman a second time, this time with bleach, which burned the victim's skin and discolored her clothes. 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.