Gordon Smith

Mr. SMITH

Mr. SMITH. Mr. President, on November 25, 2002, Oregonians were reminded once again what the whole nation witnessed on September 11, 2001, that the men and women who run into burning buildings when everyone else is running out, are true heroes. For it was on November 25, 2002, when Randy Carpenter, Jeffrey Common and Chuck Hanners, all members of the Coos Bay Fire Department, gave their lives while protecting others, when the roof of a warehouse collapsed during a fire. Randy Carpenter was a thirteen year veteran of the Coos Bay Fire Department. He was a mentor to many young firefighters, and was respected as a man of integrity and professionalism. Along with fighting fires, Randy built houses and taught emergency medical aid classes. He was a loving father to two daughters. Like his father, Jeffrey Common was a volunteer member of the Coos Bay Fire Department. He worked in the tugboat business and was the devoted father of three young children. Chuck Hanners was also a volunteer member of the Coos Bay Fire Department. He served as the manager of a retail sporting goods department, but always carried a scanner in his back pocket so he could rush to a fire whenever help was needed. He left behind a wife and six children. At a very moving memorial service, which was attended by over 7,000 community members and delegations of firefighters from across Oregon and the Pacific Northwest, Chuck's 17-year-old son, Daniel, read from the Firefighter's Prayer. The last line of this prayer says, ``If according to fate, I am to lose my life, please bless with your hand my children and my wife.'' I join with countless other Oregonians in extending my prayers and condolences to the family, friends, and colleagues of these three courageous Oregonians. While I was not privileged to know Randy, Jeff, and Chuck, I know of the pride they took in serving as a first responder, and I know that in giving themselves for others, they made themselves special, not just to us, but to God. The Bible tells us that ``Greater love than this has no man than to lay down his life for his friends.'' Because God is love, we know He was there with them when they died, and that He is with them still. One of America's most beautiful monuments to courage and unselfish service is the National Fallen Firefighters Memorial in Emmitsburg, MD. Flags at this Memorial were flown at half-staff in honor of Randy, Jeff and Chuck. And their names will also be added to a plaque at the monument, which stands near an eternal flame that represents the spirit of the firefighter, past, present, and future. The holiday season was a tough one for many in Coos Bay, but I hope that community members can take solace in the fact that they are fortunate to live in a community and we are all fortunate to live in a country that produces individuals like Randy, Jeff, and Chuck, individuals who are willing every day to risk their life so others might be safe. May God Bless the men and women of the Coos Bay Fire Department, and all fire department across the country, and may God Bless America.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred January 16, 2002 in Atlanta, GA. According to police, Michael Keith Bargeron intentionally hit Keishuna Young, 15, with his car because she is black. Bargeron yelled racial slurs at Keishuna and her friend as he drove by in his car. Seconds later, he turned around and tried to ram her with his car. Keishuna sustained multiple injuries when she rolled off the car onto the pavement. 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred September 6, 2001in Madison, WI. Two men were arrested on the University of Wisconsin campus for attempting to strangle a gay man. The attackers were part of a visiting group on campus to talk about homosexuality. The attackers approached the victim, told him that it was his time to go to hell, then began choking him. I believe that government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred September 6, 2001in Madison, WI. Two men were arrested on the University of Wisconsin campus for attempting to strangle a gay man. The attackers were part of a visiting group on campus to talk about homosexuality. The attackers approached the victim, told him that it was his time to go to hell, then began choking him. I believe that government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred April 29, 2002 in Indianapolis, IN. A self-proclaimed neo-Nazi shot a 13-year-old black teenager as she walked with friends outside a convenience store. Investigators say that the assailant, who has tattoos of swastikas, argued with several black men about the insignias and then went on a mission to hurt someone who was black. The victim recovered from her injury, but surgeons did not remove the bullet from her body. 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to bring to my colleagues' attention the Civitas International Civic Education Exchange Program--a program that is helping to promote democratic principles in emerging and established democracies throughout the world. The Civitas Exchange Program, administered by the Center for Civic Education and funded by the U.S. Department of Education under the Education for Democracy Act, engages educators from around the world in the development of effective civic education initiatives that can be implemented in their own countries. The program provides international leaders in civic education the opportunity to learn from one another and to assist each other in improving education for democracy in their nations. The Civitas Exchange Program makes use of the experience, expertise, and programmatic offerings of U.S.-based State and national civic education centers by linking them in partnerships with public and private sector entities in emerging and advanced democracies. The partnerships serve to institutionalize civic education in these nations, creating working relationships that lead to tangible results for both American and international students and teachers. Today the Civitas Exchange Program is operating in 30 countries linked with 22 American States. One of those partnerships involves my home State of Oregon, and the States of Delaware and Maryland, linked with the country of Croatia. Marilyn Cover, the executive director of the Classroom Law Project in Portland, OR, manages the partnership. Ms. Cover recently brought a delegation of American teachers and Croatian educators to Capitol Hill to observe our system of government first hand. I am pleased to recognize the two Oregonian teachers participating in the exchange, Bert Key from Sandy Union High School in Sandy, OR and Maggie McSwiggen, from Vocational Village in Portland, OR. I would also like to recognize the Croatian teachers in the delegation, Jadranka Kostanjsak from Zagreb, Jasminka Zagorac from Zagreb, and Natalija Palcic from Split. These teachers, and others from Delaware and Maryland, are currently working with teachers from Croatia to develop a series of lessons comparing the Constitutions of the United States and Croatia, examining political parties within each country, and exploring ideas of personal and civic responsibility for use in their respective classes. Begun during a summer writing program, the teachers continue to refine their lessons through team teaching in classrooms in both the United States and Croatia. It is an excellent example of the reciprocal nature of the exchange, which provides benefits to American students and international students alike. The ideas exchanged in Oregon's partnership have led to at least two significant developments with the support of the Croatian Ministry of Education and Sport: first, as part of the exchange, an American civics curriculum, Foundations of Democracy program on justice, has been translated and is now a requirement in Croatian preschools and primary schools; second, We the People . . . Project Citizen, an American civic education program which engages young people in learning how to monitor and influence public policy, has become a requirement in grades 7 and 8 for secondary schools in Croatia. The Civitas Exchange Program is an excellent example of how programs supported by the federal government can help achieve U.S. foreign policy objectives by helping emerging democracies develop a political culture supportive of democratic values, principles, and institutions. I wish to thank the Center for Civic Education for their successful administration of the Civitas program and applaud Oregonian Marilyn Cover for her excellent work in the project.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred January 11, 2002, in New York, NY. A gay man, Eric D. Miller, 26, was shot in the chest on a Harlem street by a man who shouted anti-gay remarks at him, according to police. Miller and his partner were walking down a street when they were confronted by two men who became enraged at the sight of the couple. The assailants yelled, ``Black men shouldn't be gay,'' and threw rocks and bottles at the victims. During an ensuing scuffle, one of the assailants shot Miller in the chest. Miller was treated at a local hospital and 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Madam President, I rise today, on behalf of my State of Oregon, to express our deepest gratitude for the New Zealanders who put their lives on the line this last summer in fighting the ravenous wildfires experienced in the West. Even as the rains of fall settle into the forests of the Pacific Northwest, it is not difficult to remember the fiery infernos that engulfed the West only a few months ago. The year 2002 was the second worst fire season in 50 years. Nationwide 21 lives were lost and 6.7 million acres were burned. It was one of the Nation's largest fires, called the Biscuit Fire, that drew a cadre of international firefighters to Oregon, the world's best sent to join the fight against our worst disaster. The Biscuit Fire, the largest wildfire in Oregon in over a century, eventually burned 500,000 acres in southwestern Oregon. At times, firefighters put the chances of losing one or all of the Illinois Valley's four towns at 75 percent. However, 7,000 of the world's best firefighters beat the odds and staved off an exploding fire that threatened hundreds of square miles and thousands of homes. As a result of their relentless work, no lives were lost and structural loss was virtually nonexistent. On behalf of my State of Oregon, I want to thank and commend the brave New Zealand firefighters who helped win that battle against wildfire. They are John Barnes, Darryl Robson, John Sutton, Richard McNamara, Paul Tolladay, Phil Wishnowsky, Robin Thompson, Trevor Tiday, Jock Darragh, and Ross Hamilton. While I hope that such perilous circumstances will never call these firefighters back to Oregon or elsewhere, I know that forest fires will continue to burn and brave firefighters will continue to put their lives between the fire and ours. We will never forget that.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Madam President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred December 28, 2001 in Marshfield, MA. According to police, a teenage assailant beat a man because the assailant thought the victim was gay. The victim was standing outside a local store when a car containing three men pulled into the parking lot. One of the men in the car yelled anti-gay obscenities at the victim. The victim entered the store with two friends, and upon exiting, was beaten by the assailant. The assailant yelled anti-gay epithets while punching and kicking the victim, continuing the beating even after the victim fell to the ground. 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Madam President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred October 11, 2001 in College Park, MD. Around 1 p.m. on National Coming Out Day, a 22 year-old woman wearing gay-supportive pins was hanging her bicycle on her car rack when a man approached her from behind and struck her on the back of the head, pushing her head into the rack and knocking her to the ground. The assailant kicked her several times and hurled anti- gay epithets, according to police. The victim was treated at the university health center 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Madam President, today I congratulate George and Gertrude Lewis on the occasion of their 60th wedding anniversary. They have been residents of Oregon for most of their lives, first in Medford and now in Lake Oswego. George Lewis was born May 8, 1920 in Takilma, OR. Gertrude Lewis was born July 22, 1920 in Lambert, MT. George and Gertrude met in the fall of 1939 when they were both pursuing undergraduate studies at the University of Washington in Seattle, WA. They began dating in the spring of 1941 and were married November 11, 1942. November 11, 2002 marks their 60th wedding anniversary. George joined the Army Air Force, and he left to join allied forces in Europe in February of 1943. On April 5, 1943, his plane was shot down and he became a Prisoner of War until he was liberated on May 8, 1945. He has received a Purple Heart for his service to his country. George and Gertrude's first child, Diane, was born on October 13, 1943 while George was still a POW. He didn't meet his daughter until he returned from the war in 1945. They then moved to Medford, OR, where George worked for United Airlines as a passenger agent. On April 22, 1946, their second child Stephen was born. In 1950, George and Gertrude opened their own business, Rogue Valley Travel, a travel agency in Medford, OR. They ran the company together until they sold it and retired in 1980. Gertrude remembers that one of the best times of their lives was in 1952 when they were able to afford their first trip to New York City and Europe, where they visited London and Paris. Since that time, they have traveled all over the world, to Europe, Asia, Africa and more. George's and Gertrude's grandchildren will always remember a map kept in the garage in their home in Medford with pins of all the cities they had been to. In 1999, George and Gertrude moved to Lake Oswego, OR, where they live today. Their two children, six grandchildren and two great grandchildren, are proud to help them celebrate their 60th wedding anniversary and work to live by the great example they have set.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred June 5, 2001 in El Monte, CA. Three Latino men were accused of a hate crime after beating an African-American teen at a party and using racial epithets. The victim, who was dancing with a Latina woman at the time of the attack, suffered cuts to the mouth; a friend who came to his aid received abrasions to the face. One of the assailants fired a gun into the air before fleeing the party. 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred July 23, 2001 in Thibodaux, LA. Two white teens attacked and injured a black woman by shooting her in the face with a paintball gun. The victim and her husband were walking through their front yard when the two teens attacked. Prior to the assault, the teens were heard to say that they wanted to ``shoot black people'', and police investigated the incident as a hate crime. The victim was treated for her injuries in 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, today I pay tribute to a community's extraordinary effort to improve their situation. In the past year, Oregonians have faced innumerable economic challenges. With unemployment rates surpassing all other States, Oregonians have been pushed to the limit. But in the relatively small eastern Oregon community of Baker County, the citizens refused to give in to economic pressures. The Baker Enterprise Growth Initiative, BEGIN, is helping Baker County grow, one business at a time. BEGIN has helped community Entrepreneurs realize their dreams of running successful small businesses. BEGIN uses simple, yet effective models to help business owners understand the importance of a balance between product, marketing and financial stability. Management becomes a team effort and people are able to succeed at their strengths while relying on others as well. BEGIN is a community effort and its successes lift the entire region. In August of 2001, the BEGIN Program was awarded the Kaufmann Foundation Pioneer Award for Leadership in Entrepreneurial Promotion at the National Association of Development Organizations' Annual Conference in San Antonio, TX. Members of the Northeast Oregon Economic Development District were also able to present the BEGIN program and accomplishments to the over 200 economic development professionals from across the Nation. BEGIN has not only provided much needed economic development in Baker County, but has also shown Oregonians, and the entire Nation, that we will overcome this period of economic hardship. BEGIN truly exemplifies the pioneer heritage and nature of Baker County in searching for its own solutions to problems rather than waiting for someone else to come solve their problems for them. I am proud to salute the Baker Enterprise Growth Initiative as the Oregon Hero of the Week.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to congratulate the city of Portland for recently being awarded the ``Digital TV Zone'' distinction by the National Association of Broadcasters and the Consumers Electronics Association. In Portland my constituents are already served by a number of free, over-the-air, digital signals. Portland stations broadcasting in digital include: KPDX, a Meredith Corporation owned FOX affiliate; KPTV, a FOX owned UPN affiliate; KGW, a Belo Corporation owned NBC affiliate; KOIN, an Emmis Communications owned CBS affiliate; KATU, a Fisher Broadcasting owned ABC affiliate and KOPB, Oregon's local PBS station. The Digital TV Zone distinction, recognizes Portland as a technology leader for having all of its local network affiliated stations broadcasting in digital. However, the distinction means more than just that. As part of the Digital TV Zone project, these local stations undertook an awareness campaign to educate Portland consumers about the digital television future. The stations pooled their resources to host digital watch parties in local restaurants and consumer outlets. The stations posted digital sets in high traffic areas throughout the city like the Rose Garden Arena, the Oregon History Center, and the Portland City Hall. In these venues, Portlanders could see local digital signals displayed in all their glory on High-definition digital television sets. The stations spent their own revenue airing an advertisement that explains the benefits of digital television to viewers. Some of you may have seen this advertisement. It was entitled ``Time Marches On,'' a reference to how digital television and Portland's digital stations are looking towards the future. All of these activities worked in tandem to spread the news of digital television among Portland consumers, my constituents. I am proud of these stations for making the leap into the digital future. I know it is not an inexpensive undertaking. Stations converting to digital must purchase new transmission facilities and often, they must erect new broadcast towers. Once they are on the air in digital, they must broadcast two signals simultaneously: their new digital signal and an analog signal to continue serving viewers who can't yet receive digital signals. Despite the costs, these local Portland stations have invested in digital television and for that they should be commended. For those who are not familiar with digital television, let me say that it is the next exciting step in TV. Digital television's capacity makes High Definition broadcasting possible, bringing viewers enhanced viewing resolution and sound. Moreover, the capacity can also allow stations to ``multi-cast'' or provide multiple programs simultaneously, giving viewers more programming options and allowing stations to convey even more information over the airwaves. As with every other technological advance, there will be challenges before consumers can fully benefit from everything digital television offers. The American consumer will need to embrace digital television for it to catch on. That is why I am so proud of these Portland stations. Not only have they invested in the technology of digital television, they have invested to see that the technology takes hold among consumers. These stations are small businesses like any other. They have payroll to fulfill; they must pay overhead. I think it is commendable that they have shown such a commitment to the future of free, over-the-air television through the ``Digital Television Zone'' program.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr President, Former Oregon Governor Tom McCall once said, ``Heroes are not giant statues framed against a red sky. They are people who say, ``This is my community, and it's my responsibility to make it better.'' I rise today to pay tribute to Oregon State Senator Margaret Carter, a remarkable woman who truly is a hero, for she has devoted much of her life to making her community and state better. Senator Carter was honored earlier this week at a dinner saluting her service as President of the Portland Urban League. Nearly 300 civic and business leaders gathered in Portland to thank Margaret for the leadership she provided to the Urban League during a very crucial time. I first got to know Margaret when I came to the Oregon State Senate in 1993. At that time, she was serving the fifth of her seven terms in the Oregon State House of Representatives, where she made history as the first African-American woman ever elected to the Oregon House. Margaret was a Democrat representing inner-city Portland. I was a Republican representing rural Eastern Oregon. Yet, we quickly became friends and decided there were a number of projects on which we could unite our efforts. We have been working together ever since. An educator by training, Margaret has worked as a youth counselor, the assistant director of a community action agency, and for 27 years she served on the faculty of Portland Community College, where she was a founder of the PCC Skills Center. While in the State Senate, I was proud to work with Margaret to preserve funding for the Skills Center, which is a center of hope for those looking for a better future. In 2000, Margaret was elected to the Oregon State Senate, having won the nomination of both the Democrat and Republican parties. Her legislative achievements include helping to create a statewide Head Start program and the Oregon Youth Conservation Corps. She was also the chief sponsor of the law that created a state holiday to honor Dr. Martin Luther King, Jr. Indeed, few Oregonians have done more to make Dr. King's dreams a reality that Margaret Carter. Included among Margaret's many talents is the fact that she has one of the most remarkable singing voices I have ever heard. While I couldn't join in the dinner in her honor this week, I did want to raise my voice here on the Senate floor to pay tribute to a woman who I am honored to call my friend a woman who is a true Oregon hero.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, we have been debating important issues in the Senate these past few weeks, Homeland Security, and the possibility of war in Iraq, and other issues that have resulted from 9/ 11. While these important debates take place here on the Senate floor and in the kitchens and living rooms across America, there is still another longstanding issue that affects the health and livelihood of our senior citizens, that of prescription drug coverage for our nation's seniors. As the end of the legislative year looms closer, I am angry to say that we are no closer to having a prescription drug program for our seniors. When the Senate debated the addition of a prescription drug benefit to the Medicare program in July, there was clear agreement that such a benefit was badly needed and that time was of the essence for delivering such a benefit to America's seniors. Over several weeks of debate on prescription drugs, progress was made toward agreement, but unfortunately, the discussion was cut short by the August recess. I believe this issue is so important, and so urgent for seniors, that I stand before you today to say that this Congress should stay in session until we are able to pass a prescription drug benefit for our seniors. It is not too late to pass a prescription drug bill this year. With the help of new treatments and therapies, it is now possible for seniors to live longer and better than at any other time in history. Every day that Medicare excludes prescription drugs from coverage is a day that countless seniors will not have access to medications that could improve their health--or save their lives. In addition, every year that passes without adding a prescription drug benefit to Medicare, the cost of adding such a benefit increases substantially. In recent weeks, there has been a lot of talk about adjusting Medicare payments to reimburse health care providers fairly for treating seniors. My home state of Oregon ranks 46th in the country for Medicare spending per beneficiary. These incredibly low Medicare reimbursement rates have made it impossible for some health care providers to continue serving Medicare beneficiaries. This means that many seniors in Oregon are now having difficulty even finding a health care provider to see them. Therefore, I am very supportive of the Medicare provider payment components of the package proposed by Senators Baucus and Grassley, and I urge passage of this legislation before this Congress adjourns. However, I also believe there must be renewed interest in reaching a consensus on how to add an affordable, universal, voluntary prescription drug benefit to Medicare this year. I know we have a lot of work to do this year. Urgent work, important work. But I can think of no more important issue than ensuring that our parents, our neighbors, our friends, our Nation's seniors, never have to lose their homes when they lose their health. We can pass a prescription drug bill this year, and we must. I urge my colleagues to stay in Washington until we are able to pass a prescription drug benefit for our Nation's seniors, and have it signed into law.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I would like to raise another issue today which has a major impact on older and disabled Americans and their families, nursing homes. Under current law, Medicare rates for seniors in nursing homes were reduced by ten percent as of October 1, because a series of previously-enacted add-on provisions expired. Let me be clear. On October 1, the average per diem payment to a nursing home to care for a Medicare patient was cut to a level ten percent lower than it was on September 30. The average rate fell from $337/day to slightly more than $300/day. This is a real cut. This negative quirk results from the fact the Clinton Administration poorly implemented the Balanced Budget Act, BBA, of 1997, and in the process, set Medicare rates for seniors in nursing homes far below the levels Congress set out in the BBA of 1997. Recognizing that the new system was paying much less for nursing home care for Medicare patients than it had intended, Congress passed the Balanced Budget Refinement Act of 1999 and then the Beneficiary Improvement Protection Act of 2000, which provided limited fixes to the payment structure for skilled nursing care through add-on payments. But, because it was expected HCFA, now CMS, would ``refine'' the rates and fix the problem, these add-ons were temporary. However, CMS has not yet acted, and the ``add- on'' provisions have now expired. Recognizing the pending cuts needed to be prevented, in June, I, along with several of my Senate colleagues, introduced the Medicare Skilled Nursing Beneficiary Protection Act of 2002. Because I felt Congress must ensure beneficiary access to quality care, my bill would protect funding levels for Medicare skilled nursing patients by maintaining payments at 2002 levels going forward. During the last few years, five of the nation's largest providers of long-term care have filed for Chapter 11 bankruptcy protection. Some of those companies are just now emerging from that wrenching process. Moreover, 353 skilled nursing homes have closed. In my home State of Oregon alone, 23 skilled nursing facilities, SNFs, have closed--a loss of almost 1,500 beds. For a small state like Oregon, this is a significant loss. With the cuts in Medicare funding, a vital segment of our country's health care system is beginning to be thrown, once again, into crisis. More facilities will close. Patients, especially those in rural areas, will find it more difficult to obtain the long-term care services they need. The instability of skilled nursing facilities is expected to worsen as states reduce Medicaid expenditures in the face of significant budget shortfalls and as private market capital continues to withdraw from the sector. If Congress goes home before re-instating the Medicare payment add-ons, it will result in failures in the sector that will translate to unparalleled access problems for Medicare patients needing care in our nation's skilled nursing facilities. I will do everything I can to ensure quality care for our nation's seniors is not threatened.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred September 15, 2001 in San Francisco, CA. Two men, Robin Clarke and Sean Fernandes, were brutally attacked by a man who thought Fernandes was an Arab. The assailant passed the two men on the street, called Fernandes a ``dirty Arab'', then punched both men and stabbed Clarke in the chest. The assailant escaped in a blue Mustang coupe after 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred in February 2000 in Tucson, AZ. A gay man was beaten outside a bar. The assailant, Franchot Opela, 27, called the victim, Fabian Padilla, 23, a ``faggot'' and then beat Padilla to the ground with both fists. Padilla was treated for severe eye and head injuries resulting from 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred June 20, 2000 in New York NY. Amanda Milan, a 27-year-old transgendered woman, died after her throat was slashed with a knife outside the Port Authority. Witnesses say that a group of taxi drivers cheered and applauded as the crime was committed and shouted anti- transgender remarks. One of the perpetrators shouted phrases like ``You're a man!'' and made crude reference to the victim's gender. Three men were arrested in connection with 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I have the privilege of serving in what was, for 30 years, Mark Hatfield's seat in the United States Senate. And as those who served with him know, no one is more dedicated to peace than Mark Hatfield. As I have thought about the question of going to war with Iraq, I find myself mindful of Senator Hatfield, and I am likewise committed to working for peace. I am also very mindful of the Oregonians who have expressed to me their hopes and prayers for peace. And it is precisely because I want peace that I stand today to express my support for this resolution. I believe in peace and diplomacy. These values have guided my service on the Senate Foreign Relations Committee. And rather than an immediate declaration of war, I strongly believe that this resolution is but one step in a continuing diplomatic process. I have no doubt that Saddam Hussein presents an imminent threat to America, our freedom and our way of life. The proof lies in Baghdad. Over the last decade we have collected a considerable body of evidence that Hussein is amassing weapons of mass destruction, weapons that he has already used on his own people. It is only with a heavy heart that any of us can reach the solemn conclusion that our young men and women may have to risk their lives in defense of our Nation. But the heavy weight of proof moves us now to prevent the loss of more American lives. More than a decade ago, the United States led a coalition of nations against the tyrannical regime of Saddam Hussein. The United Nations resolutions that followed Saddam's surrender required Iraq, among other things, to halt its chemical, biological and nuclear weapons programs, account for POWs from the Gulf War, and cease its support for terrorism. Since that time, Saddam Hussein has continually and flagrantly violated the U.N.'s requirements. In less than 12 years, he has defied 16 Security Council resolutions and provoked at least 30 Council statements condemning these violations. He has exploited the goodwill of the international community, oppressed his people, devastated his nation and developed weapons of mass destruction. Today, as it was then, we are called as Americans not simply to contribute to an international coalition, but to lead it. That obligation became all the more clear when last year's terrorist attacks ushered in an era when threats are more tangible, where civilians are at risk, and where deterrence no longer works. I believe the free nations of the world will again join us in the fight against tyranny, and I still hold out hope that the danger Iraq poses can be eliminated without war. But today, we must choose whether to allow Saddam Hussein to continue threatening the civilized world or to disarm him. I believe we must choose the latter. We will first exhaust every peaceful means in our effort, but confront him we must. Saddam Hussein has attacked Iran, Israel, Kuwait and Saudi Arabia. He recently called on the people of the Arab world to attack the United States and he is an avowed enemy of the democracy in the Middle East, Israel. He is a man who murdered his own people in chemical attacks and systematically attempted to destroy an ethnic minority in his nation. To believe that Saddam Hussein would hesitate to launch future attacks would be to turn a blind eye to a lethal mix of weapons of mass destruction and terrorists waiting to use them. In addition to the arms we are certain he has, overwhelming evidence indicates that he continues to develop weapons of mass destruction with the full intention of using them. High level Iraqi defectors have provided similar evidence of biological and nuclear weapons programs, evidence that is substantiated by Saddam's actions. We know that he has sold $3 billion worth of oil illegally this year, money that is unaccounted for, while importing materials used in nuclear enrichment programs. All the while, he has called Iraq's nuclear scientists ``the salvation of his nation.'' On September 12, President Bush outlined these facts when he spoke to the United Nations. As he said then, Saddam is truly defying the U.N., not only the United States. The 16 resolutions Iraq has violated were not issued by the U.S. Congress, but by the U.N. Security Council, the highest body of international diplomacy. While few reasonable people would disagree that Saddam Hussein is dangerous and will attack America and its allies whenever it is possible, the President was correct in seeking international support for confronting Iraq. Diplomacy and efforts toward peace are always preferable to war. But if war is unavoidable, it is best to have the backing of the world community. Immediately following the president's call to action, international support began to increase. And the president continues to build on that support. I believe that with the passage of this resolution we will see our allies join in lending our sons and daughters in seeking a peaceful regime in Iraq. The United Nations now has the opportunity to prove itself to be an important world body. It is incumbent upon the U.N., and especially the Security Council, to ensure that if Saddam Hussein fails to fulfill his most recent commitments to weapons inspectors, he does not do so with impunity. I would like to conclude by telling you about a trip I made earlier this year, I traveled to Coos Bay, OR to attend the memorial service of a remarkable young man named Byran Bertrand. Bryan was a 23-year-old Marine who gave his life for his country when his C-130 crashed into a mountain near the Afghan-Pakistan border. The memorial service program included excerpts from the last letter that Bryan had send this parents. In this letter he explained why he had turned down the opportunity to return to duty in the United States. ``You know me,'' wrote the former high school athlete, ``I always hated sitting on the bench.'' In those words, we can find our calling as a Nation. If Saddam Hussein does not comply with United Nations resolutions and if he continues to build and stockpile weapons of mass destruction, then America can no longer sit on the bench. We must take the heavy mantle of leadership to seek a peaceful regime change. This burden rests on the President, on the Congress, but more importantly, it rests on the people of the United States. For it is the American people, 3,000 of whom died on September 11, 2001, who are Saddam's targets. We are targets because ours is a Nation that is the beacon of liberty in the world. We must never forget that, and we must never take it for granted.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred August 8, 2000 in Providence, RI. Two young gay men were severely beaten by two strangers. The assailants drove by the young men, shouting vulgarities and anti-gay slurs. After making two passes, the perpetrators got out of the car, shouted more anti-gay slurs, and proceeded to punch and kick the victims in the head and body. The attackers fled after witnesses called for help. 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred on October 20, 1999 in Barron, WI. A 22-year-old man was beaten to death with a tire iron because his assailants thought he was gay. The attacker, Raymond C. Welton, 33, lured the victim from a bar, then beat him while shouting anti-gay epithets, according to witnesses. 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 of 2001 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 of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy in March of last year. The Local Law Enforcement Act of 2001 would add new categories to current hate crimes legislation sending a signal that violence of any kind is unacceptable in our society. I would like to describe a terrible crime that occurred October 1, 2000 in Traverse City, MI. A 23-year-old bartender at a gay bar was attacked as he was removing the trash out of the back door of the building around 2 a.m. An attacker grabbed him by the shoulders and began shouting ``faggot'' and other obscenities at him. Moments later, two other men jumped into the ally, one brandishing a baseball bat. The bartender was able to run away after the initial attack, but was assaulted again after trying to return to the club several minutes later. 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 of 2001 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.