Gordon Smith

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce, with my friend and colleague, Senator Corzine, the ``Municipal Debt Refinancing Act of 2003.'' We are pleased to be joined by Senator Schumer and Senator Snowe in this bipartisan effort. This important legislation will allow States and localities access to low cost capital during this current period of fiscal crisis, allowing cities to take advantage of low interest rates by permitting an additional advance refunding of most tax-exempt governmental bonds. This bill provides Oregon cities like Portland, Eugene or Salem, all of which issue municipal bonds, with an increased ability to ease some of the budgetary constraints they currently face. When interest rates fall, homeowners often seek to refinance their mortgages to reduce interest costs. Similarly, State and local governments take advantage of low interest rates by refinancing outstanding high-cost debt. However, unlike homeowners who can usually refinance at any time, municipalities can only redeem existing debt on specific dates, known as call dates. If an issuer would benefit from a refunding transaction but the existing bonds are not currently eligible to be called, the issuer can still refinance by executing an ``advance refunding.'' In this case, the State or local government issues advance refunding bonds and the proceeds of the new bonds are held in reserve to pay the interest and principal on the old bonds until they become callable. The Federal tax code prohibits tax-exempt bond issuers from advance refunding most bonds more than once. Therefore, if a bond has been advance refunded once and interest rates fall to the point where a State or local government would benefit from an additional advance refunding, the issuer is precluded from taking advantage of the lower rates. Under current law, bonds originally issued after 1985 may only be advance refunded once. Bonds issued before 1986 may be advance refunded twice. Second, most private activity bonds may not be advance refunded. In the past, Congress has considered amending Section 149 of the Code to allow an additional advance refunding of bonds originally issued to finance governmental facilities used for ``essential government functions''. ``Essential government functions,'' as currently defined in tax regulations, include facilities ``owned by a governmental person and that are available for use by the general public.'' In practice, such an approach would likely encompass most bonds issued to finance facilities owned by State or local governments. One way to limit the revenue cost of this proposal would be to impose a sunset on the expanded advance refunding authority. This would also encourage municipal bond issuers to take advantage of the additional advance refunding more immediately, maximizing the proposal's potential economic simulative effect. State and local access to capital at the lowest possible cost is critical at this time and vital to Oregon's long-term economic growth. Further, tax-exempt bonds fund a wide variety of capital infrastructure projects such as schools, roads and highways, bridges, water and sewer systems, airports, and parks, among many others. As Oregon faces a fiscal crisis on such a large scale, this advance refunding is an innovative way the federal government can help cities and towns provide vital infrastructure and services for Oregonians. I ask all my colleagues to join Senator Corzine and me in sponsoring this important legislation that will help municipalities across this Nation. I ask unanimous consent to have this legislation printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise today to introduce, with my friend and colleague, Senator Corzine, the ``Municipal Debt Refinancing Act of 2003.'' We are pleased to be joined by Senator Schumer and Senator Snowe in this bipartisan effort. This important legislation will allow States and localities access to low cost capital during this current period of fiscal crisis, allowing cities to take advantage of low interest rates by permitting an additional advance refunding of most tax-exempt governmental bonds. This bill provides Oregon cities like Portland, Eugene or Salem, all of which issue municipal bonds, with an increased ability to ease some of the budgetary constraints they currently face. When interest rates fall, homeowners often seek to refinance their mortgages to reduce interest costs. Similarly, State and local governments take advantage of low interest rates by refinancing outstanding high-cost debt. However, unlike homeowners who can usually refinance at any time, municipalities can only redeem existing debt on specific dates, known as call dates. If an issuer would benefit from a refunding transaction but the existing bonds are not currently eligible to be called, the issuer can still refinance by executing an ``advance refunding.'' In this case, the State or local government issues advance refunding bonds and the proceeds of the new bonds are held in reserve to pay the interest and principal on the old bonds until they become callable. The Federal tax code prohibits tax-exempt bond issuers from advance refunding most bonds more than once. Therefore, if a bond has been advance refunded once and interest rates fall to the point where a State or local government would benefit from an additional advance refunding, the issuer is precluded from taking advantage of the lower rates. Under current law, bonds originally issued after 1985 may only be advance refunded once. Bonds issued before 1986 may be advance refunded twice. Second, most private activity bonds may not be advance refunded. In the past, Congress has considered amending Section 149 of the Code to allow an additional advance refunding of bonds originally issued to finance governmental facilities used for ``essential government functions''. ``Essential government functions,'' as currently defined in tax regulations, include facilities ``owned by a governmental person and that are available for use by the general public.'' In practice, such an approach would likely encompass most bonds issued to finance facilities owned by State or local governments. One way to limit the revenue cost of this proposal would be to impose a sunset on the expanded advance refunding authority. This would also encourage municipal bond issuers to take advantage of the additional advance refunding more immediately, maximizing the proposal's potential economic simulative effect. State and local access to capital at the lowest possible cost is critical at this time and vital to Oregon's long-term economic growth. Further, tax-exempt bonds fund a wide variety of capital infrastructure projects such as schools, roads and highways, bridges, water and sewer systems, airports, and parks, among many others. As Oregon faces a fiscal crisis on such a large scale, this advance refunding is an innovative way the federal government can help cities and towns provide vital infrastructure and services for Oregonians. I ask all my colleagues to join Senator Corzine and me in sponsoring this important legislation that will help municipalities across this Nation. I ask unanimous consent to have this legislation printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, I rise on the floor today to express my deep appreciation for Phil Ward's service as director of the Oregon Department of Agriculture. As a Senator and as someone who has made his living from the land, I can say that Phil's time as director demonstrated a clear understanding not only of the land, but also the people who rely on it for their livelihood. By trade, Phil Ward is both a farmer and a teacher. Both professions require a great deal of patience and perspective, and Phil has admirably displayed these virtues as ODA director. Producers respect Phil because of the time he has personally spent with them and his constant call for balance in natural resources policy. Since he was appointed by the Governor in 1999, Phil guided the department as it dealt with a growing number of challenges facing Oregon agriculture. The collapse of the Asian market and implementation of S. 1010 are two prime examples. Phil was also a regional leader, serving as president of the Western Association of State Departments of Agriculture, played a prominent role in the National Association of State Departments of Agriculture, and was extensively involved in trilateral accord discussions with Canada and Mexico on agricultural issues. Phil Ward has also been a great advocate for Oregon agriculture in dealing with the Federal Government. His agency successfully took over responsibility from the Environmental Protection Agency for implementing water quality standards for CAFOs. Phil and the ODA also worked closely with me and my office in ensuring that the 2002 farm bill was a hand up to the vast array of Oregon farm producers struggling through drought, low commodity prices, and increasing regulatory obligations. One of the things I admire most about Phil Ward is that his service to Oregon always rose above partisan politics and he stood tall for Oregon's farmers and ranchers when they needed him on their side. On behalf of myself and Oregon's agricultural community, I thank Phil Ward for his dedicated service to Oregon, for his years of counsel to me, and to wish him all the best in his future pursuits.

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 27, 2000 in Normal, IL. Christopher Weninger, an Illinois State University student, was assaulted while walking home from a party. Three men approached Weninger on the street and asked him for a cigarette. As Weninger handed one man a cigarette, another man punched him in the face and called him ``queer.'' The victim suffered a broken nose and eye socket. 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 to laud President Bush's announcement in his State of the Union Address of a $15 billion, 5-year emergency plan for AIDS relief, with $10 billion in new money to combat the global AIDS pandemic, provides new hope for many of the 42 million men, women, and children living with AIDS right now. This initiative, which I enthusiastically support, represents a critical first step in scaling up the world's response to the global AIDS pandemic. Combined with expanded, though still relatively small, bilateral resources to fight tuberculosis, the leading killer of people with AIDS, this initiative can save many lives. I commend the President for his leadership in this effort. In truth, however, this effort has just begun. This initiative should be just a first downpayment by the U.S. in our fight against AIDS. We must fully fund this initiative in 2004 and do more. It is also up to us to now work with the President to shape this initiative for maximum impact. We must invest wisely to protect and save as many lives as possible as quickly as possible. As we work with the administration to take this initiative from an idea into action, we have important decisions to make. I offer you a few key points today regarding how we can use these funds in order to save the greatest number of lives and protect our global health and stability. We must frontload this money, and ensure that it reaches as many countries as possible. These funds are needed immediately, and if we do not invest enough now, we will pay far more later, in money, in lives lost, and in the social, economic, and spiritual cost to the families, communities, nations, which are hardest hit. There are 10 million children in sub- Saharan Africa alone, children who ought to be free to play, to learn, to enjoy their young lives who have lost one or both parents to AIDS. This represents a country the size of Belgium. In 10 years, at current rates, this number will quadruple. But we have a choice. Will we allow this to happen? Every year we delay, the slower we are to scale up, the greater the cost. This epidemic is not waiting for us, it is accelerating. So we must accelerate our response. We must increase funding in the fiscal year 2004 budget we will soon consider. The 14 countries in Africa and the Caribbean targeted by President Bush are important ones. However, there are many, additional countries where we must urgently address AIDS now. For instance, in Lesotho, Malawi, Swaziland and Zimbabwe, where 60 percent of all deaths under 60 are due to AIDS, TB, and malaria, people need help immediately too. Our own National Intelligence Council has identified five populous nations of strategic importance to the United States as the ``next wave'' of the HIV/AIDS epidemic, including India and Russia. India alone contains some one-third of the world's tuberculosis burden, and since HIV fuels the TB epidemic, TB rates will skyrocket in these countries as HIV spreads. HIV rates are growing faster in Russia than any other region of the world, and the dangerous drug-resistant strains of TB that are more prevalent in Russia than anywhere in the world will pose a serious, deadly and expensive medical problem if they explode in synergy with AIDS. We cannot wait; we must act now. Another point of key importance regarding the President's proposed initiative is we must allocate far greater resources to the important new global fund to fight AIDS, TB, and malaria, but the initiative fails so far to do so. I fear that the President's emergency plan for AIDS relief may underfund the global fund, our best new means of addressing these epidemics. This is particularly ironic given that Secretary Tommy Thompson has just been appointed the chair of the global fund's board. The global fund is a relatively new mechanism that is centrally important in scaling up the global response to AIDS. The global fund is innovative. It is independent. It is efficient. And it is fully operational. By tomorrow, at the close of their meeting in Geneva, Switzerland, the fund's board will announce a second round of grant awards to programs in affected countries that are providing needed prevention, treatment, and care for these three diseases. In this second round, the fund will approve projects that will produce the following estimated results: For just $325 million, or about 2 percent of the proposed $15 billion, 270,000 more people will receive antiretroviral, ARV, drugs in developing countries, adding to 220,000 people who will receive ARVs from the first round of the global fund's grants. In total, the global fund will support a sixfold increase in the number of people being treated with ARVs in Africa. With $300 million, some 2 million more people will be treated for tuberculosis over the next 5 years through expansion of the highly effective DOTS, Directly Observed Therapy, Short-course, treatment services. For just $18 million, or one-tenth of one percent of $15 billion, 10 million more people in Africa will be treated for malaria through the use of the new and highly effective anti-malarials, arteminisin-based treatments. This work is highly impressive, and it is critically important. The global fund estimates very conservatively that it will need $6.3 billion in 2003 and 2004, to be able to finance the high-quality proposals it anticipates receiving. The U.S. should provide at least $2 billion or more in 2004, with additional resources in 2003, scaling up in future years. Now, after this second round of grants is announced on Friday, the fund will be virtually out of money, and unable to even request a third round of proposals later this year. I commend the efforts of my many colleagues over the past year, colleagues from both sides of the aisle, led by Senators Frist, Kerry, DeWine, Durbin, Boxer, and many others-- who have provided leadership toward expanding the United States' investment in the global fund. Now is not the time to back down on U.S. leadership at the global fund, but the time to greatly increase our investment in the fund to rapidly and effectively scale up global efforts. Providing our fair share of global fund resources as a part of a new AIDS initiative would leverage major increases in other donor contributions as well. One more point on funding. It is of vital importance that the President's emergency plan for AIDS relief not draw resources away from existing development programs such as bilateral tuberculosis or child survival efforts or other development priorities. And, finally, we must look at the problem of AIDS in conjunction with the problem of tuberculosis, for the two are inextricably linked from a medical perspective. Tuberculosis, which is the leading killer of people with HIV worldwide, is carried by one in three people worldwide. The disease drains human resources from struggling economies and poverty-stricken regions. Tuberculosis is readily curable with drugs that cost as little as $10 per patient in developing countries with the DOTS treatment, but only one in four people who need DOTS have access to it. If we do not act now to bring tuberculosis under control globally, then TB infection rates will rise precipitously with the spread of HIV; and this is of particular concern given the existence of dangerous drug-resistant strains, which are far more expensive and difficult to treat. With just $200 million invested annually, the United States can provide its fair share of the resources needed to meet international TB control targets by 2005, as laid out in a groundbreaking blueprint called the Global Plan to Stop TB. In closing, I again salute President Bush for his wise and compassionate leadership in proposing a bold new U.S. initiative to fight global AIDS. I urge that this be just a first step in our scaled up response, and that we invest resources aggressively Now, that we reach as many affected countries as possible, and that we provide our fair U.S. share of the total resources needed by the global fund to fight AIDS, TB, and malaria.

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 November 4, 2001 in Hendersonville, N.C. A man shot into the home of a Hispanic family. The assailant, Gene Autry Williams, 60, was heard to yell racial slurs at the family before shooting at them in their home. Williams was charged with assault for pointing and discharging a firearm, and for ethnic intimidation. 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 selection of Libya this week to head the U.N. Human Rights Commission. Libya's taking the helm of the U.N. Human Rights Commission makes a mockery of that institution and deprives the U.N. and the world at large of credible leadership from that position at a critical time. It is a well established fact that Libya's totalitarian regime under Muammar al-Qadhafi has had an abysmal human rights record and has been a leading state sponsor of terrorism. The most widely publicized incident was the 1988 bombing of Pan American Airways flight 103 that resulted in 270 deaths. The Iran Libya Sanctions Act, ILSA, was extended until August 2006 due to such support for terrorism, attempts to acquire weapons of mass destruction, and belligerency over territorial claims. I was proud to author the ILSA extension in the last Congress. The Libyan government must improve its standing in the international community by ceasing support to terrorists and moving towards a more democratic system. Under current circumstances, however, this chairmanship will be sadly devoid of leadership by example. Libya's ascendancy to the chairmanship of the Commission has dealt an appalling blow to the cause of human rights and to the credibility of that U.N. body. Last week my great friend and colleague, Chuck Schumer, the senior Senator from New York, urged Secretary Powell to do all that he could to prevent this travesty. I ask unanimous consent to have this letter from Senator Schumer and me printed in the Record.

Mr. SMITH

Mr. SMITH. Mr. President, today I am introducing legislation to encourage a more environmentally friendly electricity future for the United States. The bill I am introducing would provide for a ten-year extension of the tax credit for producing electricity from wind. I believe that an extension of this length will provide stability to this important emerging energy sector. For the past several years, we have provided short-term extensions, sometimes retroactively, of this important tax incentive. The result has been that investors and utilities have been hesitant to commit the capital necessary to bring wind projects on line. A major European wind turbine manufacturer had planned to build its first U.S. manufacturing facility in Portland, OR. The plant was expected to provide over 1,000 family-wage jobs once operational. Unfortunately, last November, the corporation announced it would put those plans on hold and lay off more than 500 employees. This happened at a time when Oregon already had one of the highest unemployment rates in the country. The main reason given for putting on hold this facility was the failure of the Congress to clarify the production tax credit for wind energy. Slow demand in this economic downturn was also cited. However, our economy is going to rebound. And when it does, the demand for electricity will increase. There is already over 180 megawatts of installed wind energy capacity, with another 150 megawatts of planned development. The Stateline Wind Energy Project, which straddles the Oregon-Washington border, has over 263 megawatts of installed capacity, making it the largest wind farm to date in the western United States. When the Senate passed national energy legislation last year, there was a strong, bipartisan commitment to renewable energy resources. We can use the tax code to encourage the development of clean, renewable sources of electricity and a new generation of advanced technology vehicles. These vehicles can reduce our reliance on imported oil because their fuel efficiency is greatly improved and there are lower emissions of greenhouse gases and ozone-forming pollutants. I have always held that if we use technology wisely, we can improve our environmental stewardship while maintaining our human stewardship and the standard of living we enjoy in this great Nation. I would urge my colleague to join me in cosponsoring this important legislation.

Mr. SMITH

Mr. SMITH. Mr. President, today I am introducing legislation to encourage a more environmentally friendly electricity future for the United States. The bill I am introducing would provide for a ten-year extension of the tax credit for producing electricity from wind. I believe that an extension of this length will provide stability to this important emerging energy sector. For the past several years, we have provided short-term extensions, sometimes retroactively, of this important tax incentive. The result has been that investors and utilities have been hesitant to commit the capital necessary to bring wind projects on line. A major European wind turbine manufacturer had planned to build its first U.S. manufacturing facility in Portland, OR. The plant was expected to provide over 1,000 family-wage jobs once operational. Unfortunately, last November, the corporation announced it would put those plans on hold and lay off more than 500 employees. This happened at a time when Oregon already had one of the highest unemployment rates in the country. The main reason given for putting on hold this facility was the failure of the Congress to clarify the production tax credit for wind energy. Slow demand in this economic downturn was also cited. However, our economy is going to rebound. And when it does, the demand for electricity will increase. There is already over 180 megawatts of installed wind energy capacity, with another 150 megawatts of planned development. The Stateline Wind Energy Project, which straddles the Oregon-Washington border, has over 263 megawatts of installed capacity, making it the largest wind farm to date in the western United States. When the Senate passed national energy legislation last year, there was a strong, bipartisan commitment to renewable energy resources. We can use the tax code to encourage the development of clean, renewable sources of electricity and a new generation of advanced technology vehicles. These vehicles can reduce our reliance on imported oil because their fuel efficiency is greatly improved and there are lower emissions of greenhouse gases and ozone-forming pollutants. I have always held that if we use technology wisely, we can improve our environmental stewardship while maintaining our human stewardship and the standard of living we enjoy in this great Nation. I would urge my colleague to join me in cosponsoring this important legislation.

Mr. SMITH

Mr. SMITH. The Congress and the DOE have partnered with the U.S. fuel cell industry, beginning with the space program and continuing today, to develop and demonstrate fuel cells. Early commercial fuel processors that generate the hydrogen for fuel cells are being marketed tested by our industrial partners, as are P-E-M fuel cell powerplants. They need to be improved and demonstrated in niche markets. Then their costs will reduce substantially. As this scenario plays out, as it has so many times with the introduction of revolutionary new technology supported by the Federal Government, the very large residential and automotive markets will adopt fuel cells. It is then that America will achieve a significant level of independence from overseas sources.

Mr. SMITH. Yes. The Interior Appropriations Conference, directed DOE to provide the plan and rationale for increasing the pace of fuel cell public-private partnerships in the fiscal year 2002 report.

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 7, 2001 in Mira Mesa, CA. A man of Indian descent was knocked out with a baseball bat in what was described as a hate crime linked to the September 11 backlash. The victim told police he was walking beside the road when he heard someone yell an ethnic slur. He was then hit on the head and knocked unconscious. A woman came to his aid and told him he had been hit by two white males with an aluminum baseball bat. The victim was treated at a local hospital. 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 June 17, 2001 in Springfield, MO. An African-American man, Maurice Wilson, was stabbed three times by one of six men whom witnesses described as skinheads and white supremacists. Police said the stabbing appeared to be racially motivated. The victim had walked into a diner with his girlfriend, who is white, and another interracial couple. A fight ensued between the victim and the group of alleged white supremacists when one of the group pulled out a knife and stabbed 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 with Senators Stabenow and Santorum to introduce the New Homestead Economic Opportunity Act. This legislation will create a single-family housing tax credit for developers who build in low income areas, and allow more Americans to reach their dreams of homeownership. It will also encourage developers of single family units to invest in low income areas and improve our communities. Currently, there are no tax credits available to developers of new or rehabilitated, affordable single-family housing. The low-income housing tax credit provides tax credits to owners of low-income rental units, but does not provide a solution to the problem of a lack of affordable homes. The quality of life in distressed neighborhoods can be improved dramatically by increasing home ownership. Existing buildings in these neighborhoods often need extensive renovation before they can provide decent owner-occupied housing. It is also difficult for renovations to occur because the costs involved exceed the prices at which the housing units could be sold. Similarly, the costs of new construction may exceed its market value. Properties sit vacant and neighborhoods remain devastated. The New Homestead Economic Opportunity Act bridges the gap between development costs and market prices and will revitalize these areas. Our legislation will create a single-family housing tax credit of $1.75 per resident which will be made available annually to States. In my home State of Oregon, the most recent Census estimates State or local housing credit agencies will award these credits to housing units, including condominiums and cooperatives planned for development of single-family housing in census tracts with median incomes of 80 percent or less of area median income. The value of the credits could not exceed 50 percent of the qualifying cost of the unit. Rules similar to the current law rules for the Low Income Housing Tax Credit will apply to determine eligible costs of individual units. The owner of the housing unit being sold to a qualified buyer will be eligible to claim the single-family housing tax credit over a 5-year period beginning on that date. Eligible home buyers must have incomes at 80 percent or less of applicable median family income. They would not have to be first time homebuyers, and rules similar to the mortgage revenue bond provisions will apply to determine applicable median family income. In Oregon, rising housing costs are prohibiting working families from being able to afford homes. With a lack of affordable housing, costs are rising, and families are unable to gain the stability and equity homeownership provides. In its first year, the New Homestead Economic Opportunity Act would support more than 360 new affordable homes, probably more if credits are used in connection with less costly rehabilitations. A family of three or more with an income of $30,000 will be a qualified buyer in Oregon. This legislation will affect real working Americans. I am proud to sponsor this legislation that will further the dream of so many Americans through homeownership. I urge my colleagues to join me in supporting the New Homestead Economic Opportunity Act. I ask unanimous consent that the New Homestead Economic Opportunity Act 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 May 3, 2001 in Los Angeles, CA. An African-American man was shot by an Hispanic man, Carlos Garcia. Garcia shot and critically wounded the victim after telling him that he ``did not like black men associating with Hispanic women,'' according to police. After the incident, the gunman hijacked a bus and caused a deadly crash as he was fleeing from police. 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 with Senators Stabenow and Santorum to introduce the New Homestead Economic Opportunity Act. This legislation will create a single-family housing tax credit for developers who build in low income areas, and allow more Americans to reach their dreams of homeownership. It will also encourage developers of single family units to invest in low income areas and improve our communities. Currently, there are no tax credits available to developers of new or rehabilitated, affordable single-family housing. The low-income housing tax credit provides tax credits to owners of low-income rental units, but does not provide a solution to the problem of a lack of affordable homes. The quality of life in distressed neighborhoods can be improved dramatically by increasing home ownership. Existing buildings in these neighborhoods often need extensive renovation before they can provide decent owner-occupied housing. It is also difficult for renovations to occur because the costs involved exceed the prices at which the housing units could be sold. Similarly, the costs of new construction may exceed its market value. Properties sit vacant and neighborhoods remain devastated. The New Homestead Economic Opportunity Act bridges the gap between development costs and market prices and will revitalize these areas. Our legislation will create a single-family housing tax credit of $1.75 per resident which will be made available annually to States. In my home State of Oregon, the most recent Census estimates State or local housing credit agencies will award these credits to housing units, including condominiums and cooperatives planned for development of single-family housing in census tracts with median incomes of 80 percent or less of area median income. The value of the credits could not exceed 50 percent of the qualifying cost of the unit. Rules similar to the current law rules for the Low Income Housing Tax Credit will apply to determine eligible costs of individual units. The owner of the housing unit being sold to a qualified buyer will be eligible to claim the single-family housing tax credit over a 5-year period beginning on that date. Eligible home buyers must have incomes at 80 percent or less of applicable median family income. They would not have to be first time homebuyers, and rules similar to the mortgage revenue bond provisions will apply to determine applicable median family income. In Oregon, rising housing costs are prohibiting working families from being able to afford homes. With a lack of affordable housing, costs are rising, and families are unable to gain the stability and equity homeownership provides. In its first year, the New Homestead Economic Opportunity Act would support more than 360 new affordable homes, probably more if credits are used in connection with less costly rehabilitations. A family of three or more with an income of $30,000 will be a qualified buyer in Oregon. This legislation will affect real working Americans. I am proud to sponsor this legislation that will further the dream of so many Americans through homeownership. I urge my colleagues to join me in supporting the New Homestead Economic Opportunity Act. I ask unanimous consent that the New Homestead Economic Opportunity Act be printed in the Record.

Mr. SMITH

Mr. SMITH. Madam President, I rise today to celebrate the life and remarkable work of Dr. Martin Luther King, Jr. In remembering Dr. King, I think we should all hold close to our hearts these words, spoken by Dr. King in May 1944: So as we gird ourselves to defend democracy from foreign attack, let us see to it that increasingly at home we give fair play and free opportunity for all people. Even as we continue to fight the war on terrorism abroad, we are reminded of the injustice that still exists here, and we must be equally diligent to root out violence and discrimination at home. The racial profiling and hate crimes that have occurred in the wake of September 11 are a blight on our Nation; but, we know that hate crimes are not new. June will mark the 5th anniversary of the murder of James Byrd, Jr. in Jasper, TX. James Byrd was dragged to his death for no other reason than hatred of the color of his skin. This is shameful, and our government must do more to protect all its citizens regardless of skin color, religion, gender, national origin, or sexual orientation. As all of my colleagues know, I have been working to pass hate crimes legislation that will eliminate the bureaucratic jurisdictional hurdles that hinder our efforts to prosecute hate crimes, and give federal prosecutors new resources for cases involving race. I know that this will be the year to finally pass this legislation in the U.S. Senate. It is high time that we act to end the specter of hate across our Nation. So as we pause to remember Dr. King next week, let us continue to look for opportunities to try to create change. We can all work a little bit harder to create the kind of world he dreamed about, a world in which things are the way they ``ought'' to be rather than the way they are. I thank the Chair. I yield the floor and suggest the absence of a quorum.

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 6, 2001 in Topeka, KS. A 21 year-old man from Bangladesh was attacked in a convenience store. Police say that the victim entered the store when three men began asking him questions about his national origin and religion. One of the men used a racial slur and then started punching the victim. The victim was treated at a local hospital for injuries sustained during the 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 March 25, 2002 in Dubuque, IA. Elizabeth Tran was assaulted by Carla Kaufman, 17, while she was walking home from school. Without warning, Kaufman attacked the victim, beating her and using racial slurs associated with the victim's Chinese heritage. The victim was treated in a local hospital following the incident. 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 November 1, 2001 in Manassas, VA. Two men severely beat a Pakistani taxi driver. The attack took place after the two assailants, Stanley Elburn Smith III, 27, and James M. Terrell, 25, berated the victim because he looked to be of Middle-Eastern descent. The victim suffered a concussion and several other wounds during the 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 March 6, 2001 in Middleburg, PA. A gay man was severely beaten by two neighbors. Michael Aucker, 41, and two brothers, Todd Justin Clinger, 20, and Troy Lee Clinger, 18, were drinking beer in a trailer when the brothers thought Aucker made a sexual advance towards them. Police said the brothers took Aucker out on the deck and stomped on him with heavy work boots. Aucker was discovered a day and a half later by another neighbor and co-worker. He was in a coma and every bone in his face and nose were broken. 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 25, 2001 in Dumfries, VA. Two Afghan-American teenagers were beaten by a group of attackers. Police said that April Scruggs, 42, and her son, Jarvis Berkley Wilhoit, 19, had been taunting the victims for more than a month prior to the beating. Wilhoit and a group of friends approached the victims, who are brothers ages 16 and 17, and began hitting them. Scruggs joined the fight and hit the 17-year-old in the head with a wrench. 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 January 26, 2002, in Houston, TX. Hugo Cesar ``Bibi'' Barajas was found dead from multiple gunshot wounds to the neck, arm, and chest near a club that caters to the gay and transgender community. Barajas was dressed as a woman at the time of the murder. Police are investigating the murder as a possible hate crime and have investigated six similar murders of transgender women in the last 3 years alone. 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 my first act after taking the oath of office for my second term, 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 legislation, sending a signal that violence of any kind is unacceptable in our society. Each day we are in session I have taken the opportunity to make sure another example of a hate crime is published in the Record in an effort to sway my colleagues about the need for expanding current hate crimes law to include sexual orientation, gender and disability and to expand the definition of what is a hate crime. Hate crimes legislation will benefit our Nation as a whole, our country is a diverse one, made up of Muslims, Christians, and countless other religious faiths. Our society finds great strength in its Black and Hispanic communities as well as its gay and Jewish communities. Groups such as these represent not divisions but diversity, and that distinction has built a great Nation. However, hate crimes touch all our communities and tear the very fabric that binds our Nation together. Passage of a hate crimes bill will assure all Americans that the violence done by a hate crime will not go unpunished. It will ensure that the violence done to an American because of the color of his or her skin will not go unpunished and will make it easier to punish on the Federal level. It will ensure Muslim Americans that they will not be harassed because of their faith and make it easier to punish on a Federal level. It will ensure that sexual orientation and identity are not reasons for a violent crime that goes unpunished. As we move through these early weeks of the 108th Congress, I call on all my colleagues to consider hate crime legislation as a way to move forward on civil rights issues that are so important in our democratic society. So, I rise today to describe yet another terrible crime that occurred January 1, 2003 in Miami, FL. After leaving a New Year's Eve party in South Beach, a gay man was shot by two attackers. Earnest Robinson, 23, was walking home when he was approached by two men, one of whom tried to pick him up. Upon realizing that Robinson was not a woman, one of the men shot him and left him on the street. Police say one of the assailants shouted anti-gay slurs before shooting the victim. Robinson was treated at a local hospital and is in good condition. I believe that government's first duty is to defend its citizens, to defend them against the harms that come out of hate. Hate crimes legislation like the Local Law Enforcement Enhancement Act is now 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 November 3, 2002, in Atlanta, GA. Gregory Love, a junior at Morehouse College, was beaten with a baseball bat in a college shower. He was treated at a local hospital where doctors removed a blood clot from the lining of his brain. The assailant, Aaron Price, a sophomore, admitted to the beating and will be charged with a hate crime based on his perception of the victim's 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.