Gordon Smith

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to right a wrong. I am doing so on behalf of myself and Mr. Wyden, Mr. Allard, Mr. Bayh, Mr. Bond, Mr. Brownback, Mr. Miller, Mr. Nickles, Mr. Santorum, and Mr. Specter. For far too many years, Americans who have been murdered overseas by terrorists have not been receiving the full weight of equal justice under the law, a fundamental principle of our governance. This is happening while we are in the midst of trying to introduce the institutions of democracy, including the notion of a fair judicial system, to a skeptical part of the world. This is happening while we are in the midst of a War on Terrorism. This double standard of justice sends out a pernicious, mixed message to would-be terrorists around the world. It suggests that we are weak in our resolve to prosecute certain terrorists who have murdered certain American citizens. It wrongly sends the message that certain American lives are more valuable and more worthy of justice than others. Or as the mother of Mathew Eisenfeld, a young Yale University graduate who was killed in 1996, together with his young fiance, Sara Ducker, a Barnard College graduate, put it, ``it makes me feel that my son's blood is less American than others.'' When our embassies were attacked in Kenya and Tanzania on August 7, 1998, then Secretary of State Albright and President Clinton said, ``You can run but you can't hide from the long arm of American justice. Anywhere an American is murdered around the globe, we will seek out that suspect and retrieve him to these shores to stand justice.'' However, since the signing of the Oslo Accords on September 13, 1993, thirty-nine American citizens have lost their lives at the hands of Palestinian terrorists alone. And how many indictments have there been in response to these thirty-nine murders? Zero. Notably, one can't find the term Palestinian on the State Department's web site for the ``Rewards of Justice'' program--the place where suspects are listed and rewards are described for their capture. That website rather contains only vague references to ``persons in opposition to the Middle East Peace Process.'' This is simply wrong. On the humanitarian level, it is wrong. When our own government fails to mete out justice with equal and due diligence for a particular victim, or a group of victims, this compounds the grief experienced by American families who have lost loved ones to terrorists: families such as that of 14 year old Abigail Litle, an American girl from New Hampshire, a young Christian who was among the fifteen people murdered in the recent terrorist attack on a bus in Haifa, Israel; families like those of Ted Burgon of Oregon and Rick Spier of Colorado, the two American teachers killed in August of 2002 in Indonesia. Murders for which there have been no indictments and no suspects named. FBI agents have underscored that until such time as they have full and unfettered access to witnesses and evidence in Indonesia, they cannot rule out terrorism, nor can they exonerate members of the Indonesian military who have been implicated in this heinous crime. This is wrong as a matter of foreign policy. Anything less than 100 percent commitment to pursue all terrorists who harm or murder American citizens undermines our moral clarity and our War on Terrorism. it also serves to embolden would-be terrorists all over the world, ultimately putting us all at greater risk. We have arrived at this unfortunate juncture because the State Department, whose major objective is diplomacy, has had primary purview over this issue. The State Department, it would seem, has simply not brought its full resources to bear when it comes to facilitating the investigation, capture and prosecution of those who have murdered Americans overseas. This is particularly true if those Americans have been murdered in Israel or in areas under control of the Palestinian Authority, or in countries whose support we are seeking or counting on in the War on Terrorism. The major objective of the Justice Department, in contrast, is justice. The Justice Department recently scored a victory, when on February 20th, they issued indictments on several members of the Palestinian Islamic Jihad. That terrorist organization is believed to be responsible for the deaths of two American citizens, and dozens of other people in recent years. As we celebrate this substantial step toward justice, however, we cannot lose sight of the fact that there is much more work to be done. We should not, and cannot, in good conscience allow the pursuit of justice to be suborned to diplomatic considerations and expediencies. This is why I am introducing the Koby Mandell Act of 2003. Koby was a 13 year old boy from Silver Spring, MD, who one day decided to do the Huck Finn thing, and skip school. However, the punishment did not fit the crime. His body was found brutally stoned and dismembered in a cave outside of Tekoah, Israel. His assailants remain at large in the Palestinian controlled areas. This Act will create a watch-dog office within the Department of Justice to ensure that all terrorists who murder or harm American citizens overseas are pursued with equal vigor, irrespective of the nationality or current residence of the terrorist. This Act will work to ensure that no other American family who has suffered at the hands of overseas terrorism will have their grief compounded a lack of justice. I urge you all to join me and my fellow senator from the State of Oregon, ron Wyden, by becoming a sponsor of the Koby Mandell Act, to put the issue of justice for American victims of overseas terrorism into the hands of the Justice department, where it truly belongs. I ask unanimous consent that the text of the Koby Mandell Act of 2003 be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to right a wrong. I am doing so on behalf of myself and Mr. Wyden, Mr. Allard, Mr. Bayh, Mr. Bond, Mr. Brownback, Mr. Miller, Mr. Nickles, Mr. Santorum, and Mr. Specter. For far too many years, Americans who have been murdered overseas by terrorists have not been receiving the full weight of equal justice under the law, a fundamental principle of our governance. This is happening while we are in the midst of trying to introduce the institutions of democracy, including the notion of a fair judicial system, to a skeptical part of the world. This is happening while we are in the midst of a War on Terrorism. This double standard of justice sends out a pernicious, mixed message to would-be terrorists around the world. It suggests that we are weak in our resolve to prosecute certain terrorists who have murdered certain American citizens. It wrongly sends the message that certain American lives are more valuable and more worthy of justice than others. Or as the mother of Mathew Eisenfeld, a young Yale University graduate who was killed in 1996, together with his young fiance, Sara Ducker, a Barnard College graduate, put it, ``it makes me feel that my son's blood is less American than others.'' When our embassies were attacked in Kenya and Tanzania on August 7, 1998, then Secretary of State Albright and President Clinton said, ``You can run but you can't hide from the long arm of American justice. Anywhere an American is murdered around the globe, we will seek out that suspect and retrieve him to these shores to stand justice.'' However, since the signing of the Oslo Accords on September 13, 1993, thirty-nine American citizens have lost their lives at the hands of Palestinian terrorists alone. And how many indictments have there been in response to these thirty-nine murders? Zero. Notably, one can't find the term Palestinian on the State Department's web site for the ``Rewards of Justice'' program--the place where suspects are listed and rewards are described for their capture. That website rather contains only vague references to ``persons in opposition to the Middle East Peace Process.'' This is simply wrong. On the humanitarian level, it is wrong. When our own government fails to mete out justice with equal and due diligence for a particular victim, or a group of victims, this compounds the grief experienced by American families who have lost loved ones to terrorists: families such as that of 14 year old Abigail Litle, an American girl from New Hampshire, a young Christian who was among the fifteen people murdered in the recent terrorist attack on a bus in Haifa, Israel; families like those of Ted Burgon of Oregon and Rick Spier of Colorado, the two American teachers killed in August of 2002 in Indonesia. Murders for which there have been no indictments and no suspects named. FBI agents have underscored that until such time as they have full and unfettered access to witnesses and evidence in Indonesia, they cannot rule out terrorism, nor can they exonerate members of the Indonesian military who have been implicated in this heinous crime. This is wrong as a matter of foreign policy. Anything less than 100 percent commitment to pursue all terrorists who harm or murder American citizens undermines our moral clarity and our War on Terrorism. it also serves to embolden would-be terrorists all over the world, ultimately putting us all at greater risk. We have arrived at this unfortunate juncture because the State Department, whose major objective is diplomacy, has had primary purview over this issue. The State Department, it would seem, has simply not brought its full resources to bear when it comes to facilitating the investigation, capture and prosecution of those who have murdered Americans overseas. This is particularly true if those Americans have been murdered in Israel or in areas under control of the Palestinian Authority, or in countries whose support we are seeking or counting on in the War on Terrorism. The major objective of the Justice Department, in contrast, is justice. The Justice Department recently scored a victory, when on February 20th, they issued indictments on several members of the Palestinian Islamic Jihad. That terrorist organization is believed to be responsible for the deaths of two American citizens, and dozens of other people in recent years. As we celebrate this substantial step toward justice, however, we cannot lose sight of the fact that there is much more work to be done. We should not, and cannot, in good conscience allow the pursuit of justice to be suborned to diplomatic considerations and expediencies. This is why I am introducing the Koby Mandell Act of 2003. Koby was a 13 year old boy from Silver Spring, MD, who one day decided to do the Huck Finn thing, and skip school. However, the punishment did not fit the crime. His body was found brutally stoned and dismembered in a cave outside of Tekoah, Israel. His assailants remain at large in the Palestinian controlled areas. This Act will create a watch-dog office within the Department of Justice to ensure that all terrorists who murder or harm American citizens overseas are pursued with equal vigor, irrespective of the nationality or current residence of the terrorist. This Act will work to ensure that no other American family who has suffered at the hands of overseas terrorism will have their grief compounded a lack of justice. I urge you all to join me and my fellow senator from the State of Oregon, ron Wyden, by becoming a sponsor of the Koby Mandell Act, to put the issue of justice for American victims of overseas terrorism into the hands of the Justice department, where it truly belongs. I ask unanimous consent that the text of the Koby Mandell Act of 2003 be printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce a sense-of-the Senate amendment regarding the uninsured. Last week was Cover the Uninsured Week, a week dedicated to focusing attention on the plight of the millions of uninsured Americans. This week, I want to continue the momentum from this historic event by talking about the uninsured in the context of the Federal budget. We have all heard the statistics: more than 41 million Americans do not have health insurance. Forty-one million people. We have heard the number so many times that it seems to have lost its impact. But let's look at that number more closely. Forty-one million people--that is about one in six nonelderly Americans from every conceivable walk of life: children, pregnant women, parents, single adults, full time workers, self-employed individuals, and students. These 41 million people include those who have lost their jobs as the economy has worsened. It includes people who work hard for small companies that can't afford to offer health benefits to employees. It includes people who work for companies that offer health benefits, but who can't afford their share of the premium. I think most Americans would be surprised to know that more than 80 percent of all uninsured children and adults live in families where there is at least one working adult. Most of the uninsured--two thirds of them--go without health insurance for more than 6 months. I learned another sobering statistic last week: almost 75 million Americans were insured for at least some time over the past 2 years. That is almost one of every three Americans under age 65. I don't know about what all this means to you, but to me, this spells crisis. Our health care system is in crisis, and it is up to us to fix it. Last month, Senator Clinton and I called on our colleagues on the Budget Committee to provide real dollars to cover the uninsured. While in the end the Senate Budget Committee did set aside a reserve fund of $50 billion to cover the uninsured over the next 10 years, I just don't think this is enough to make a sizeable dent in a problem of this magnitude. The sense of the Senate before you today asks the Senate to make it a priority to expand access to health care coverage in the United States. It asks that, to the extent that additional funds are made available, a significant portion of these funds should be dedicated to expanding access to health care coverage so that fewer Americans have to live without health care coverage, and the safety net is protected and strengthened. Americans are losing their jobs as the economic downturn continues, without the benefit of any economic stimulus legislation from us in Congress. There can be no doubt what will happen this year--it has already begun. Through no fault of their own, many employers will have to raise copayments and premiums, while reducing benefits . . . if they are able to continue to offer insurance to their employees at all. The bottom line is that this year, more people will lose their health insurance. These facts and figures should disturb all who see them. But behind every single one of those 41 million people is a face and a story. And as I travel around Oregon for townhalls with my friend and colleague Ron Wyden, we look into the faces of the uninsured, and we hear their stories, and we see their pain. While the stories are always different--and many of them are tragic-- the circumstances that have brought them to these places are often similar. The loss of a job. An increase in insurance premiums. A serious illness. Unavoidable circumstances that could happen to any one of us. I urge my colleagues to support this amendment, and ask you to join the growing coalition as we struggle to cover the uninsured.

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 August 24, 2000 in Allentown, PA. A 24-year-old man, Michael Gambler, shot a 15- year-old at a party after the teen touched him on the arm. According to witnesses, partygoers suggested the teen was gay and teased the victim and Gambler prior to the shooting. After the teen touched his arm, Gambler retrieved a shotgun and shot the victim in the forehead. 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 12, 2001, in New York, NY. Five teenagers attacked an Arab-American candy store owner. The teenagers stopped in front of the small store and asked the owner, who stood in the doorway, ``Do you feel sorry for America?'' Without waiting for a response, one teen punched the owner, sending him reeling backwards onto the floor, bleeding heavily. The assailants were able to flee from the scene before witnesses could catch 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 in support of this sense of the Senate amendment to provide funding for State fiscal relief. States are suffering their worst fiscal crisis in over half a century. Forty one million Americans live, work, and go to school without health insurance, and that number grows every single day. I have been a strong supporter of State fiscal relief since the economy began to slow several years ago. Since then, the situation has only gotten worse. This is the third consecutive year of nationwide budget problems for the States. According to the Kaiser Family Foundation, 49 States and the District of Columbia have taken Medicaid cost-containment action this fiscal year; additional cuts are expected next year as States struggle to fill budget shortfalls of billions of dollars. States are reducing or freezing provider payments, establishing or strengthening prescription drug cost controls, reducing benefits, increasing co-payments for Medicaid beneficiaries, and most significantly, States are increasing restrictions on eligibility for Medicaid. What does this mean? Let me be clear: it means that the number of uninsured Americans will continue to grow. According to the CDC, Medicaid and SCHIP provided coverage for 2 million children and 1 million adults who lost their health coverage last year. In addition to those who did qualify for these programs, many more did not; they joined the ranks of the uninsured. In 2001, 1.4 million people became uninsured, and this number is likely to be even higher for 2002 and 2003. While we need to strengthen our economy in the long run, it is imperative that we address the immediate economic problems, particularly the state fiscal crisis. State fiscal relief is one of the most effective policies the Congress could and should enact as part of the economic stimulus/growth package. There is no question that States will spend any additional Federal funds they receive quickly, putting money directly into the economy rather than curtailing economic activity. As many economists have noted, we need to increase demand in the economy--but State budget actions to balance their budgets right now are reducing demand significantly. This is precisely the wrong medicine at the wrong time for our economy. Last year, 75 Senators voted to provide State fiscal relief by boosting FMAP payments to States, but in the end, the legislation was not signed into law and State fiscal relief--needed now more than last year--has still not been delivered. The magnitude of the State fiscal crisis is growing steadily worse. Oregon alone is facing a budget deficit of at least $1 billion in the upcoming fiscal year. Already, one in four Medicaid recipients in Oregon is experiencing service cuts, and more reductions are on the way. Districts in my State have the shortest school year of any schools in the country. Some teachers in my State have even agreed to work for free in order to keep the schools open! And things are so bad for Oregon schools that recently the Doonesbury comic strip dedicated a whole week of comics to the sad state of Oregon school funding. This proposal would bring almost $331 million to Oregon over the next 18 months, which would go a long way to maintain the fragile health care safety net for vulnerable Oregonians. Bipartisan support for our FMAP proposal has grown steadily. It is supported by groups representing the States, the elderly, the disabled, children, and Oregon's governor Kulongoski, among many, many others. It has support because it is a sound proposal. It provides temporary assistance to States in a very timely and efficient manner. Several weeks ago, I was in Oregon for a series of town hall meetings with my colleague Ron Wyden. At every stop, we spoke to people who were being affected by the first round of budget cuts. I can tell you, as we listened to these good people tell their stories, there wasn't a dry eye in the house. The pain is real. We have to do something and we have to do it now, and I urge my colleagues to support this fiscal relief amendment to the budget.

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 October 30, 2001 in Grand Forks, ND. A 26 year-old man attacked and punched a Saudi Arabian student unconscious in a local bar. The assailant later explained to police that he feared the student might be in Grand Forks training for a future terrorist attack. 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 April 15, 2001. Two men taunted and attacked four lesbian students outside a cafe near Louisiana State University. The attackers approached the women and asked them if they were ``boys or girls.'' The victims said that one of the attackers threw a drink at them and another attacker punched the victims repeatedly. 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 October 20, 2001 in San Diego, CA. An Afghani taxicab driver was attacked by one of his passengers. According to police, after getting in the cab, the passenger asked the cab driver for his nationality. After the driver answered, a heated argument ensued. When the cab stopped, the passenger got out and put his hands around the driver's throat and struck him with his fist. 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, as most of my colleagues know, this week is Cover the Uninsured Week in America. The Robert Wood Johnson Foundation and a host of other organizations, including the U.S. Chamber of Commerce, the AFL-CIO, and AARP, have come together, recognizing that we can delay no longer in addressing this critical issue. Like them, I believe that Congress should seize this opportunity to reaffirm its commitment to bringing high quality, affordable, and stable health coverage within reach of the 41 million Americans who now go without. Health insurance coverage is the best predictor of access to health care in America today; yet, despite its importance, more than 41 million Americans remain uninsured, and 75 million Americans under 65 years of age--three out of every 10--were uninsured at some point during the past two years. Experts estimate that this number will increase by 1 to 3 million people this year as the economic downturn continues. In our state alone, 436,000 people sought Oregon Health Plan coverage last year--a 14 percent increase since 2000. I know we can reverse this trend because we have done it in the past. During my first year in the U.S. Senate, I helped create the State Children's Health Insurance Program, SCHIP. That program provides coverage for needy children who do not qualify for the Oregon Health Plan. Today, all 50 States have SCHIP programs providing for 4.6 million children. And in 2001, Oregon's SCHIP program provided health coverage to over 41,000 needy children. While we in Congress debate the ways in which legislators can help tackle this difficult problem, people all over the country are acting on their own to help bring health services and a better quality of life to countless vulnerable Americans. During Cover the Uninsured Week I would like to tell you about one person from my own state of Oregon whom I consider to be a true ``Health Care Hero.'' Mr. Ian Timm is a man who has truly made a difference to the lives and health of many Oregonians. Mr. Timm is well known as an effective advocate bringing health services to Oregon's needy. Whether serving on the Oregon Rural Health Association board, chairing the Oregon Statewide Health Coordinating Council, or providing leadership as a Linn County Commissioner, Mr. Timm has dedicated his professional life to making a difference in the lives of others. He is well known for providing both vision and structure to Oregon's efforts to provide quality health services for children and families. Because of his work, young children receive immunizations, mothers have quality pre-natal care, and seniors have the attention of physicians, all regardless of their financial status. In Oregon, we have a tradition of taking care of those who cannot take care of themselves--Mr. Timm has been a leader in making this value a reality. For instance, Mr. Timm's vision led to the development of Care Oregon, which provides health coverage for thousands of Oregonians as the largest insurer of clients within the Oregon Health Plan. He serves on the Oregon Partnership to Immunize Children, ensuring that Oregon kids receive the preventive care they need. Through his work at the Oregon Primary Care Association, Mr. Timm has increased access to health care by bringing resources to community based health centers. These centers are one of the most effective ways to provide health care to those who often drop through the cracks, preventing disease and saving lives. But Mr. Timm's service is not limited to our borders. Driven by his faith and concern for others, he has shared his time and talents overseas in the Sudan and in Thailand. During the Ethopian refugee crisis, he supervised the construction of camps and provided medical and sanitation services for 105,000 refugees. In Thailand, he created sanitation programs for 14 refugee camps, and supervised two outpatient clinics, public and school health programs, and the Khmer Health Training Center. Few of us are willing to forsake the comforts of home, yet Mr. Timm volunteered to bring hope and life to those in the most desperate corners of the globe. Mr. Timm has built both a local and national reputation as an effective advocate and distinguished public servant who is a true friend to the poor and vulnerable. This year, Mr. Timm will retire from professional service, ending his distinguished career as the Executive Director of the Oregon Primary Care Association. He will be sorely missed. But given his record of valuable service, I'm confident he will continue to make a difference for Oregonians. I salute Ian Timm for his record of accomplishment and tremendous legacy of healthy Oregon children and families. He is the definition of a Health Care Hero and an example of compassionate service for all of us here in Congress and across America. We in the U.S. Senate have a moral obligation to follow Ian Timm's example. In so doing, the 108th Congress can leave its own legacy of healthy children and families. Cover the Uninsured week lasts only 7 days, but I urge my colleagues to continue their personal commitment to this issue throughout their time in public office and beyond. Only with this type of dedication can we truly keep America healthy.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce legislation that would allow States with successful welfare to renew them for the next five years. In this effort, I am joined by Senators Wyden, Baucus, Allen, Warner, Kerry, Kennedy, Akaka, Burns, and Coleman. All of our States and several others operate their welfare programs under waivers which allow them flexibility to design programs that work for people in their States. The most comprehensive evaluation of welfare workforce strategies to date, commissioned and funded by the Department of Health and Human Services, demonstrated that a mixed strategy based on individual degree of job readiness was far and away the most effective way to transition families from welfare to work. This is the approach Oregon and others have taken, and I feel strongly that these States be allowed to continue their innovative and successful programs. Oregon has long been considered a national leader in developing innovative strategies to serve its low-income citizens. Oregon's welfare waiver, known as ``The Oregon Option,'' was implemented just a few months before passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Oregon Option reflects Oregon's strong belief in moving families forward to sustainable employment. Consistent with Oregon's reputation as an innovator, the Oregon Option also rejects a ``one size fits all'' approach for its low income families. Oregon uses a labor market test to assess each person's ability to work. Families are expected to engage in intense job search for 45 days and if that process identifies significant barriers to families finding and retaining employment, case managers will work with the families to identify resources available to address those barriers. The case managers then work to develop appropriate plans that engage families in barrier removal activities, such as education, substance abuse or mental health treatment, finding housing for victims of domestic violence, while moving them toward employment. Oregon officials estimate that at any time, approximately 50 percent of all TANF families have substantial barriers to employment. Oregon has demonstrated success in moving families into employment by fully utilizing its flexibility under the Oregon Option waiver. Oregon, and other states that have used federal flexibility to design successful programs, must not be forced either to abandon their effective approaches or to try to find loopholes to circumvent the approach mandated by current reauthorization proposals. The legislation that my colleagues and I are introducing today will allow all states with currently operational TANF waivers, and states with waivers expiring after January 1, 2002, the option of renewing their waivers for the next five years, until the next scheduled reauthorization of welfare in 2008. This will ensure that successful programs designed by local people for local people aren't eliminated in favor of a ``one-size-fits-all'' federal program.

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 August 26, 2001 in Las Cruces, NM. A gay New Mexico State University student was beaten by two fellow students. Prior to the beating, the two attackers asked the victim if he was gay. According to police, a friend of the victim was followed that same night by three other men who asked him several times if he was also 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 introduce legislation that would allow States with successful welfare to renew them for the next five years. In this effort, I am joined by Senators Wyden, Baucus, Allen, Warner, Kerry, Kennedy, Akaka, Burns, and Coleman. All of our States and several others operate their welfare programs under waivers which allow them flexibility to design programs that work for people in their States. The most comprehensive evaluation of welfare workforce strategies to date, commissioned and funded by the Department of Health and Human Services, demonstrated that a mixed strategy based on individual degree of job readiness was far and away the most effective way to transition families from welfare to work. This is the approach Oregon and others have taken, and I feel strongly that these States be allowed to continue their innovative and successful programs. Oregon has long been considered a national leader in developing innovative strategies to serve its low-income citizens. Oregon's welfare waiver, known as ``The Oregon Option,'' was implemented just a few months before passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Oregon Option reflects Oregon's strong belief in moving families forward to sustainable employment. Consistent with Oregon's reputation as an innovator, the Oregon Option also rejects a ``one size fits all'' approach for its low income families. Oregon uses a labor market test to assess each person's ability to work. Families are expected to engage in intense job search for 45 days and if that process identifies significant barriers to families finding and retaining employment, case managers will work with the families to identify resources available to address those barriers. The case managers then work to develop appropriate plans that engage families in barrier removal activities, such as education, substance abuse or mental health treatment, finding housing for victims of domestic violence, while moving them toward employment. Oregon officials estimate that at any time, approximately 50 percent of all TANF families have substantial barriers to employment. Oregon has demonstrated success in moving families into employment by fully utilizing its flexibility under the Oregon Option waiver. Oregon, and other states that have used federal flexibility to design successful programs, must not be forced either to abandon their effective approaches or to try to find loopholes to circumvent the approach mandated by current reauthorization proposals. The legislation that my colleagues and I are introducing today will allow all states with currently operational TANF waivers, and states with waivers expiring after January 1, 2002, the option of renewing their waivers for the next five years, until the next scheduled reauthorization of welfare in 2008. This will ensure that successful programs designed by local people for local people aren't eliminated in favor of a ``one-size-fits-all'' federal program.

Mr. SMITH

Mr. SMITH. Mr. President, I 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 will describe a terrible crime that occurred April 8, 2002 in Northern Virginia. Two men beat a tow truck driver on the Beltway near Washington, D.C. The tow truck driver, who is Iranian, stopped on the highway to assist two men who appeared to be in need of help. After the driver stopped, the two men punched and choked him while calling him racist names. 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 September 28, 2001 in Falls Church, VA. A man of Middle-Eastern descent had to flee in his car from another driver, who repeatedly rammed and chased him in his vehicle. Police said that the assailant, a white male 50- to 60- years-old, yelled racial slurs at the victim while attacking him with his car. The victim was able to escape without serious injuries. 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. 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 February 26, 2003 in Charlottesville, VA. Daisy Lundy was assaulted on the University of Virginia campus by an unknown man. Lundy, a 19 year-old of African American and Korean descent, left a friend's room just before 2 a.m. to retrieve a cell phone. When she got to her car, the assailant, described only as a ``heavyset'' white man, attacked her, slamming her head into the steering wheel. The attacker referred to Lundy's candidacy for student council, and used a racial epithet during the assault. 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. 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 March 2, 2003, in New York City. Robert Spreng, 53, a resident of Manhattan's Upper East Side, was attacked at 4 a.m. as he walked home from a local bar. Spreng was followed by three men who approached him and screamed, ``Faggot!'' Spreng raised his hands and said that he didn't want any trouble, to which the assailants responded, ``Faggot, you're going to have trouble tonight.'' Then the three men attacked Spreng, punching and kicking him. A witness called police, who were able to stop 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, 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 December 2, 2000 in Carlsbad, CA. Four minors beat a 34 year-old man because they believed he was gay. The assailants confronted the victim as he was walking home from a bar. The group yelled ``Hey, faggot, what are you looking at?'' then attacked the 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 join my colleague, Senator Feinstein in introducing a resolution to prohibit employment discrimination in the Senate based on sexual orientation. Senate rules currently prohibit employment discrimination based on race, color, religion, sex, national origin, age, or state of physical handicap. I believe that it is time for us to add sexual orientation to that list. As a cosponsor of the Employment Nondiscrimination Act, I have stood behind the principle that employment discrimination against any person is hurtful to society as a whole, and if I am going to hold the private sector accountable for its actions, I should certainly promote the same principles in the U.S. Senate. It is important to note that the Senate is lagging behind the rest of the Federal Government in prohibiting employment discrimination based on sexual orientation. Since 1996, 13 Cabinet level agencies and the White House have had anti-discrimination policies, and in 1998, President Clinton issued an executive order prohibiting sexual orientation discrimination in the Federal Executive Branch, including civilians in the military. That executive order now covers 2 million Federal employees, but people who work in the Senate do not enjoy those same protections. Many of my colleagues already have written policies indicating that sexual orientation is not a factor in their employment decisions, and it is past time that we make this non-discrimination policy a part of the Standing Rules of the Senate. I want to thank my friend and colleague, Senator Feinstein, for her leadership in this issue, and urge my colleagues to support this important resolution.

Mr. SMITH. Mr. President, I rise today to introduce an important resolution on behalf of myself and Mr. Schumer that brings to light pervasive messages of intolerance in Saudi Arabia's education curriculum and the need for reform of that curriculum. We are joined in this effort by Mr. Corzine, Mr. Ensign, Mr. Feingold, Mrs. Murray, Mr. Santorum, Mr. Voinovich, and Mr. Wyden. There have been recent studies that reveal that school textbooks in Saudi Arabia often foster anti-Semitic, anti-American, and anti-Western views. We might all recall that 15 of the 19 hijackers responsible for the September 11 terrorist attacks were Saudi Arabian nationals. It is absolutely critical that we and others in the United States work to ensure that radical doctrines and messages of hate are not present in any child's education, and that the values taught in Saudi Arabia's schools in particular do not turn innocent children into prime candidates to commit terrorist acts as adults. There is no question of who is responsible for any messages of hate that might appear in Saudi textbooks. The Saudi Arabian Government controls and regulates all forms of education in public as well as in private schools. The religious curriculum is written, monitored, and taught by followers of the Wahhabi interpretation of Islam--the only religious doctrine the Government of Saudi Arabia allows to be taught. Our important resolution calls for Saudi Arabia to thoroughly review its education curriculum and to reform it in a manner that promotes tolerance, develops civil society, and encourages functionality in the global economy. It is in the interest of security and peace that we end any educational malpractice in Saudi Arabia that might lead to more tragedy and terror. Finally, the resolution also calls upon the United States Representative to UNESCO to urge that the U.N. body take up the textbook issue and monitor reform of the education curriculum in Saudi Arabia. Mr. President, I also 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. 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 January 5, 2002 in Tacoma, WA. Three gay men were attacked and another woman shot in a nightclub parking lot. When the three men walked to the nightclub parking lot, they were confronted by two or three other men in a truck who asked ``Are you gay? Are you gay?'' The men in the truck said that it was a ``straight parking lot'' and demanded that the gay men leave. The men in the truck then approached the victims and began beating them. A woman and her husband came to the aid of the victims, and the assailants shot the woman once in the chest. The bullet traveled through her chest and lodged in her cheek. She was treated at a local hospital and was later released. 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 July 6, 2001 in Grand Junction, CO. Eric Valdez, 19, was stabbed to death by Sjon Elmgreen, 19, after leaving a grocery store. The incident began when Elmgreen's fiancee called him to say that two Hispanic teens had just been flirting with her at the grocery store. She later told police that the teens had not been rude or threatening in the store. Nonetheless, Elmgreen and his roommate walked from their home to confront the teens. Elmgreen's fiancee told police that the confrontation turned into a fist fight, during which Elmgreen yelled racial epithets. After the fight, Elmgreen stabbed Valdez. 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 a Health Care Hero from my home State of Oregon, the N2K Nursing Shortage Demonstration Project. Several of my colleagues and I have come to this chamber before to discuss the growing shortage of health care workers in this country. This growing crisis has severe implications for quality patient care, retention of qualified nurses, and the future of health care delivery. Last year, Congress began to address this problem by passing the Nurse Reinvestment Act, but there is much more work to be done. Fortunately, an exciting new program in Oregon is working to find new ways to recruit nurses. The N2K project offers paraprofessional staff from local hospitals and clinics the opportunity to secure a nursing degree while continuing to receive their current salary and benefits. Participants finish prerequisite classwork, participate in clinical training and complete an 18 month nursing degree program. Because they have come from health care institutions, these workers are more likely to continue in the nursing profession and stay in the communities where they were trained, solving some of the pressing issues creating the nursing crisis. But the most unique and beneficial part of this program is that recruits must be bilingual or be from a minority population. A major challenge facing health care delivery today is the severe lack of bilingual health professionals. In Oregon, and in many other places, we have large immigrant communities, primarily Spanish-speaking, and few nurses who can communicate with them easily. Many N2K participants would not have the opportunity to pursue a professional nursing career were this program not available. As nurses, they will bring a new level of comfort and care to non-English speaking patients. Although the N2K demonstration project is still in its initial stages, it is already showing great success. Representatives from the U.S. Department of Health and Human Services Office of Minority Health visited Oregon this week to meet with the participating institutions and 11 students completing the program. The visitors were deeply impressed with the project, particularly after speaking with these excellent students who look forward to a rewarding career in nursing. Today I honor the N2K project as a Health Care Hero. N2K's vision and dedication to building a more diverse health care work force is helping Oregon find the quality workers we need to meet tomorrow's health care challenges. I look forward to the project's continuing success and wish the partnership all the best as it moves forward.

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 in March 2001 in Portage, WI. A gay man was found murdered in an apartment. The assailant, Darrin Grosskopf, was drinking with the victim, Keith Ward, and claimed that Ward made sexual advances toward him. Grosskopf told police that he thought Ward was a homosexual. When police found Ward's body in the apartment, he was naked and had a stab wound in his chest. 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 July 22, 2001 in Pleasanton, CA. Two men assaulted an Afghani cab driver in an incident that police labeled a hate crime. The two attackers, Kenny Loveless and Travis Gossage, both 21, yelled racial epithets at the cab driver during their ride. Upon getting out of the cab they struck the outside of the cab. When the driver got out to inspect the cab the two men attacked the driver and continued to yell racial slurs. 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.