Gordon Smith

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy last month. 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 horrific crime that occurred February 19, 1999 in Sylacauga, AL. Billy Jack Gaither, 39, was abducted and brutally murdered in a remote area. Two men, who later claimed to be angry over an alleged sexual advance by Gaither, went to a secluded boat ramp to find him. They beat Gaither and threw him in the trunk of his own car. Gaither was then taken to the banks of Peckerwood Creek, where many area churches used to hold baptisms. The two men then beat the 39-year-old man to death with an ax handle, and later burned his body on a pyre of old tires. 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, we can change hearts and minds as well.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to congratulate another class from Lincoln High School in Portland, OR, competing in the national finals of the program ``We the People . . . The Citizens and the Constitution''. This April, students from Lincoln High School placed third among 49 classes in this national competition. I had the great pleasure of meeting these impressive young people while they were visiting the Capitol, and I am very proud of their efforts. I know that they worked diligently to reach the national finals, demonstrating a remarkable understanding of the principles and values that support our constitutional government. The ``We the People . . . The Citizen and the Constitution'' program is the most extensive educational program in the country developed specifically to educate young people about the Constitution and the Bill of Rights. The three-day national competition is modeled after hearings in the United States Congress, consisting of oral presentations by high school students before a panel of adult judges. The student testimony is followed by a period of questioning during which the judges probe students for their depth of understanding and ability to apply their constitutional knowledge. It is extremely important that our young people come to understand and appreciate the unique concepts and values which have guided our Nation since its inception. These are the young leaders who must guide our country's future, and their wisdom must be equal to our country's need. Again, I congratulate the student team from Lincoln High School and thank each member for their dedication, hard work, and enthusiasm. The student team from Lincoln High School consists of: Brett Bell; Michael Blank; Ben Brewer; Chris Chamness; Greg Damis-Wulff; Alex Dewar; David Dickey-Griffith; Heather Dunlap; Jenni Hamni; Jennifer Hill; Scott Huan; Nick Johnson; Kathayoon Khalil; Cali Lanza-Weil; Jenelle Milam; Jonathan Pulvers; Julie Rhew; Katie Rose; Andrew Rosenthal; Anay Shah; Chris Shay; Rafael Spielman; Jason Trombley; Jessica Vandermeer; Oliver Vandermeer; Ben Walsh; Colleen Wearn; and with their teacher, Jennifer Vaught.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy last month. 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 detail a terrible crime that occurred June 13, 2001 in Santa Maria, CA. Michael ``Mike'' Barry stabbed a gay man, Chris Allen Madden, 32, to death. Mike Berry, 21, was charged with murder and committing a hate crime. Barry allegedly bragged to friends that he ``killed a faggot.'' 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, 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 last month. 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 heinous crime that occurred on August 8, 1990 in San Francisco, California. Chris Minor and Jonathan Ebert were attacked by four Skinheads who called them ``faggots.'' Arrested and charged with assault were Skinheads Brandon Rosenberg, 19, and Thomas E. Miles, 21. Two juvenile females were also taken into custody. Rosenberg was arrested earlier in connection with an August 14 gay bashing in which he allegedly slapped David Robinson and threatened to beat him up. 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, 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 last month. 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 19, 2000, in San Francisco, California. Two men were arrested on charges of stalking, assaulting and robbing men in gay bars in what police say was a ``brazen, bicoastal crime spree that included four robberies in Maine and vicious attacks on gays,'' including slashing one victim's throat, in California. The perpetrators were arrested after a bouncer at a gay bar recognized their distinctive Boston accents after reading about them in a warning flier distributed by 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 of 2001 is now a symbol that can become substance. I believe that by passing this legislation, 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 last month. 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 May 23, 2000 in Salt Lake City, Utah. A 19-year-old woman working for the Southern Utah Wilderness Alliance was beaten and robbed because her attackers presumed she was a lesbian. The woman was taking opinion polls when a male attacker in his 20s--one of two white men with shaved heads-- allegedly came running up behind her, punched her in the face, knocking her down. The woman said the suspect then kicked her in the face while he yelled ``dyke'' and ``queer.'' 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, we can change hearts and minds as well.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to note the 20th anniversary of the passing of a constituent of mine . . . one of the five original deaths sited by a CDC report published 20 years ago today. Though the 553-word article only outlined a rare type of pneumonia--it also noted that the same strain had struck five gay men in Los Angeles, California. One of those five men in Los Angeles was an Oregonian and I stand here today to mark this somber anniversary. The world marks this date, June 5, 1981 as ground zero for the AIDS epidemic. Those early days marked a panic among urban populations of gay men, who at first made up the bulk of early AIDS cases. It wasn't until 1984 that researchers identified the AIDS virus, and throughout the 1980s much of the gay community's efforts were focused on organization and education, which became the hallmark for the early fight against AIDS. As this Nation all too slowly wakened to this epidemic, much of the groundwork had been laid by a community devastated by this disease. Slowly funding on the Federal level grew, and by the mid 1990s new drugs slowed but did not stop the progression of the disease. Today 36 million people are HIV-positive: almost a million in the United States alone, and almost a third of them don't know they have HIV. AIDS is the fourth leading cause of death globally and the leading cause of death in Africa. The statistics in that continent are mind- numbing--in some countries, one of four adults are living with HIV/ AIDS. Life expectancies in those countries over the next five years have been slashed from the mid-60s to the early forties. Cumulative deaths attributable to AIDS on that continent numbered over 13 million by 1999, and the number of children orphaned by AIDS is estimated between 7 and 10 million. An estimated 1 million children in Africa are HIV-positive. There were about 5,000 cases of AIDS in Oregon last year, and the National Institutes of Health allocated over $16 million to universities and other institutions in the state to conduct research for the treatment of HIV/AIDS. In addition the government provided about $800,000 in grants under the Housing Opportunities for Persons with AIDS program. But this day is not one solely devoted to statistics about this disease. Though the numbers are mind-numbing, sometimes the most devastating loss is measured in terms of those who contributed to our culture, our society, through literature, sports, public service and private business. AIDS has created a loss for our society in terms of books not written, music not played, business left undone, research undiscovered--put simply--lives not lived. On this somber anniversary I stand here on the Senate floor to note that one of the first was an Oregonian, a man named ``Chuck'' whose medical history is annotated in a CDC report released twenty years ago. Today's Washington Post noted only a sliver of his life--that he was from Oregon and that he had a penchant for wearing cowboy boots. Chuck has been dead for 19 years.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy last month. 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 heinous crime that occurred August 11, 2000 in New York City. A 17-year-old, who announced to his parents he was gay earlier this year, was recovering after his parents severely beat him. Police say that Hendrick Paterson, 49, and Sharon Paterson, 36, allegedly repeatedly smashed their son with a lead pipe at a relative's home as they yelled anti-gay slurs. ``God will punish you for your lifestyle!'' ``You can't be gay,'' the couple is quoted as saying. The son was rushed to the hospital where he was treated and released for multiple welts to his 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, 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 last month. 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 heinous crime that occurred November 7, 1999 in Lawrence, KS. Two heterosexual men, one a student at Kansas University, were walking down the street when some men directed anti- gay epithets at them. After responding to the remarks, the two were attacked by five men. One of the victims was knocked backwards on a concrete planter and held down while two attackers struck his face with their fists. The other ran to call the police. This was the third such incident in as many months. One of the victims said that the police initially told him they could not arrest the perpetrators because, ``it was their word against ours.'' 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, 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 last month. 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 heinous crime that occurred July 25, 2000 in Barron, Wisconsin, Raymond C. Welton, 33, was charged with a hate crime in the murder of Michael Hatch, a 22-year-old hearing-impaired, disabled man on October 20. Prosecutors contend that Hatch was robbed and beaten to death with a tire iron in part because his assailants thought he was gay. Three perpetrators allegedly lured Hatch from a bar because one of them had gone to school with him and thought he was gay. They allegedly shouted gay slurs during the beating. I believe that government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act of 2001 is now a symbol that can become substance. I believe that by passing this legislation, 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 last month. 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 heinous crime that occurred May 17, 2000 in Holbrook, Massachusetts. A grand jury indicted a 17-year-old high school student on seven charges for attacking a fellow student he believed to be gay. For five months prior to the attack, the perpetrator allegedly harassed the victim. In the attack, which occurred in the school cafeteria, the perpetrator hit the victim five or six times in the head before knocking him to the floor. The attack left the victim with a punctured eardrum and internal bleeding. 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, we can change hearts and minds as well.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, we have had many votes taken on the issue of the tax bill. We know how people are going to vote. We know the outcome. It is time to vote on this tax cut so we can get to education and deal with some of the issues Senators have identified. For the sake of the American people, it is time to vote.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy last month. 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 heinous crime that occurred April 25, 2000 in Germantown, MD. According to the victim, she and her partner and their 11-year-old daughter have been the victims of repeated anti-gay slurs. The victims have had rocks and other items thrown at their home because they are gay and some neighbors ``wanted us out of the neighborhood.'' The incident in question occurred after a verbal altercation between the victim's child and the perpetrator's child, culminating in the victim's attack by the perpetrator. When police arrived on the scene, the victim was lying on the ground; her hand was bleeding; she had been kicked repeatedly in the head by the perpetrator and his 12-year-old son (while the son was allegedly yelling, ``I'm going to kill you, dyke b-- -h.''); her face was swollen; she had footprints on her shirt; and marks on her neck and chest which required overnight hospitalization. Despite this, the police did not handle the incident as a hate crime and said that it was against their regulations to arrest the perpetrator because they had not witnessed 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, 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 last month. 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 heinous crime that occurred March 1, 2000 in Salt Lake City, Utah. Two defendants pleaded guilty to misdemeanor assault charges for their part in a 45-minute crime spree that began outside a gay bar. During the crime spree, two people were beaten and three others terrorized. ``Are you a faggot?'' one of the defendants yelled. ``He is a faggot!'' another replied as they chased the first victim to his car and pounded on his vehicle until the victim was able to escape to call the police. Later, the defendants yelled anti-gay slurs and threw beer bottles at another car that had two men in it. Forty-five minutes after the initial attack, the defendants waited outside the gay bar and beat two men who had just exited the bar. One of the defendants told the arresting officer they were ``just out for a good time.'' 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, we can change hearts and minds as well.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, on Monday, May 7, I traveled once again to Klamath Falls, OR, to address a rally of more than 15,000 people. They came to show their support for the farmers, farm workers, small business owners and local officials in the Upper Klamath River Basin who were devastated by the April 6 Bureau of Reclamation announcement that the agency would deliver no water to most of the agricultural lands that have always received irrigation water from the federal project. This decision is expected to cost the local economy between two hundred fifty million and three hundred million dollars. This is an area that has already been hurt economically by the significant reduction in the Federal timber sale program, and was further harmed when the Federal roadless policy precluded a proposed ski area that would have brought jobs and tourism dollars to the local community. This crisis highlights many of the current problems with the administration of the Endangered Species Act. We are managing the water resources in this basin for two fish species, at the expense of all other wildlife, including bald eagles. We are foregoing water deliveries to refuges that are a critical component of the western flyway in order to triple the water we are sending down the river for fish. We are also forgetting our human stewardship, and to date have failed to provide assistance to the farmers and ranchers who are facing economic ruin over this water allocation decision. You cannot look in the faces of those honest, hard-working farmers and ranchers, as I have, and believe that this situation is just or reasonable. You cannot see the anxiety on the faces of children who don't understand what is happening, or why a fish is more important than their family, and not be moved to action. That is why, to begin a meaningful dialogue on the Endangered Species Act, I am introducing the ``Endangered Species Recovery Act of 2001.'' This bill is almost identical to legislation that was reported out of the Senate Environment and Public Works Committee in the 105th Congress by a vote of fifteen to three. Those voting in favor were Senators Allard, Baucus, Bond, Chafee, Graham, Hutchison, Inhofe, Kempthorne, Moynihan, Reid, Sessions, Smith of New Hampshire, Thomas, Warner, and Wyden. The bill was supported by the Western Governors' Association, and incorporates the recommendations which that Association, the National Governors' Association and the International Association of Fish and Wildlife Agencies sent to the Congress in 1995. If enacted, this bill would do a better job of recovering species, while addressing the legitimate concerns of property owners or others affected by the Endangered Species Act. While increasing public participation, this legislation significantly strengthens the recovery planning process and creates new tools to ensure that recovery plans are implemented. The bill also streamlines the consultation process and provides significant new incentives for property owners to preserve and restore habitat for listed species. I remain committed to enhancing our environmental stewardship. But right now, we have a situation where over 1,100 species have been listed under the existing Act, and less than two dozen have been delisted. Litigation is consuming far too much of the time and resources of federal agencies that could be better spent actually recovering species. The time has come to admit that there must be a better way to protect wildlife. I hope that this will be the beginning of a bipartisan dialogue that results in effective improvements in the Act. In the meantime, I will continue to press for the assistance that the residents of the Klamath Falls area need to make it through this year. It has become increasingly apparent to me over the last three weeks that existing federal disaster assistance programs and crop insurance programs are simply not geared toward the type of situation we have in the Klamath Falls area. I will continue to press the Administration for an assistance package that will provide meaningful relief to these families.

Mr. SMITH of Oregon. Mr. President, I have spoken many times about the importance of adding a prescription drug benefit to Medicare. There are other ways in which the Medicare program could be strengthened, for example, by upgrading for innovative medical technologies not covered under the old structure of Medicare. One example of advanced technologies that should be in use are oral anti-cancer drugs. I rise today in support of the Access to Cancer Therapies Act. Most people would be surprised to know that all cancer therapies are covered under Medicare. This situation is due to an accident of fate. When Medicare was created in 1965, orally administered cancer drugs were completely unknown. While 90 to 95 percent of anti-cancer drug therapy is covered under Medicare Part B, this coverage is largely limited to injectable drugs that are administered incident to covered physician services. Orally administered anti-cancer drugs are only covered if they have an injectable equivalent. Currently there are only seven of these pharmaceuticals available. Researchers fully expect that in the near future, cancer care will be much more heavily based on oral drugs; while oral drugs currently make up around 5 percent of the oncology market, it is projected that they will become 25 percent or more within a decade. Continuing to exclude coverage of oral cancer medications will impose significant unnecessary cost burdens on Medicare beneficiaries, and could influence treatment decisions more on the basis of cost than quality. The cure for cancer has long been the golden ring of medical research, eluding the grasp of even the most intrepid scientists. But today, in Oregon, we are one step close to a cure. At Oregon Health & Science University, or OHSU, in Portland, Dr. Brian Druker has discovered a treatment for a specific form of leukema--a treatment that offers hope to cancer patients everywhere. Dr. Druker's treatment, known as Gleevec, offers hope to cancer patients everywhere because it shows us how to fight cancer: at the molecular level. As Dr. Peter Kohler, President of OHSU, said: ``People have won the Nobel Prize for lesser work.'' For Dr. Druker, this was a dream that began over twenty years ago, as a medical student. He sat through a lecture on chemotherapy and thought the practice barbaric. He dreamt of the day that chemotherapy could be replaced with a more humane treatment that killed cancerous cells, but didn't ravage the body. In his research, he developed an interest in the proteins responsible for signaling cell growth. He believed these proteins were perfect targets for new therapies. In particular, he felt that BCR-ABL, an abnormal protein responsible for overproduction of white blood cells in a certain type of leukemia, was the best bet for targeted therapy. In 1993, he came to Oregon to head up his own leukemia research lab at OHSU. It was at that point that his research really started to blossom. He began to experiment with potential treatments for chronic myelogenous leukemia, or CML. One chemical compound, STI 571, immediately showed the most promise. Clinical testing began in June 1998 and the results were nothing less than astonishing. In every case, white blood cell counts returned to normal within six weeks. ``I thought it was too good to be true,'' Druker says. In fact, further clinical trials have shown that STI 571, now known as Gleevec, is, if anything, more effective than Dr. Druker originally thought. Trials have been extended to 30 countries and nearly 3000 patients. Over 90 percent of those in the disease's acute, or blast, phase have seen their white blood cell counts return to normal, and one-third in the same phase have no remaining traces of leukemia. In other words, not only did Gleevec treat the leukemia symptoms, it began to eliminate the molecular basis of the disease altogether. Not surprisingly, the Food and Drug Administration last week approved Gleevec for the treatment of CML, the fastest ever approval by the FDA for an anti- cancer treatment. Further clinical trials have shown that Gleevec is effective for a rare form of cancer known as gastrointestinal stromal tumor, or GIST. Similar to the way Gleevec inhibits the BCR-ABL protein that is found in nearly all CML sufferers, Gleevec also appears to inhibit the so- called KIT protein that is prevalent in most gastrointestinal tumor patients. Trials are also planned or already underway to test Gleevec on brain tumors and soft tissue sarcoma. As Dr. Druker says, Gleevec is unlikely to be a cure for every form of cancer. Nevertheless, it does provide a road map. The important step is to find the molecular defect that underlies each form of cancer and target it for therapy. And with the completion of the Human Genome Project, the information to help find those molecular defects is now available. The discovery of Gleevec secures Dr. Druker's reputation as one of the foremost scientists of his generation, and may well put him in line for that Nobel Prize mentioned by Dr. Kohler. But it also symbolizes the growing strength of the Oregon Cancer Institute at OHSU. The institute is relatively new, but that hasn't hindered it from having a large impact on the field. That's a testament to the high intellectual caliber of the staff there. As Dr. Grover Bagby, director, points out: the Oregon Cancer Institute was founded on the principle of fighting cancer at the molecular level. And thanks to Dr. Druker, fighting cancer at the molecular level is now the guiding principle for cancer researchers everywhere. As I said at the beginning of my remarks, the cure for cancer has long been the golden ring of medical research. Yet today, thanks to the work of Dr. Druker and others at OHSU, cures for cancer are at hand. This is a proud day for medical research, and a proud day for Oregon. Passage of the Access to Cancer Therapies Act would give hope to Oregonians such as Jim Underwood, a Medicare beneficiary in Oregon in the last stages of leukemia. Because Medicare does not currently cover oral cancer treatments, many patients like Jim Greenwood may not benefit form the most innovative, appropriate cancer fighting technologies. I urge my colleagues on both sides of the aisle to move quickly to pass the Access to Cancer Therapies Act so that all Medicare beneficiaries can have access to the most technologically advanced medications available and appropriate for their conditions.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, on Monday, May 7, I traveled once again to Klamath Falls, OR, to address a rally of more than 15,000 people. They came to show their support for the farmers, farm workers, small business owners and local officials in the Upper Klamath River Basin who were devastated by the April 6 Bureau of Reclamation announcement that the agency would deliver no water to most of the agricultural lands that have always received irrigation water from the federal project. This decision is expected to cost the local economy between two hundred fifty million and three hundred million dollars. This is an area that has already been hurt economically by the significant reduction in the Federal timber sale program, and was further harmed when the Federal roadless policy precluded a proposed ski area that would have brought jobs and tourism dollars to the local community. This crisis highlights many of the current problems with the administration of the Endangered Species Act. We are managing the water resources in this basin for two fish species, at the expense of all other wildlife, including bald eagles. We are foregoing water deliveries to refuges that are a critical component of the western flyway in order to triple the water we are sending down the river for fish. We are also forgetting our human stewardship, and to date have failed to provide assistance to the farmers and ranchers who are facing economic ruin over this water allocation decision. You cannot look in the faces of those honest, hard-working farmers and ranchers, as I have, and believe that this situation is just or reasonable. You cannot see the anxiety on the faces of children who don't understand what is happening, or why a fish is more important than their family, and not be moved to action. That is why, to begin a meaningful dialogue on the Endangered Species Act, I am introducing the ``Endangered Species Recovery Act of 2001.'' This bill is almost identical to legislation that was reported out of the Senate Environment and Public Works Committee in the 105th Congress by a vote of fifteen to three. Those voting in favor were Senators Allard, Baucus, Bond, Chafee, Graham, Hutchison, Inhofe, Kempthorne, Moynihan, Reid, Sessions, Smith of New Hampshire, Thomas, Warner, and Wyden. The bill was supported by the Western Governors' Association, and incorporates the recommendations which that Association, the National Governors' Association and the International Association of Fish and Wildlife Agencies sent to the Congress in 1995. If enacted, this bill would do a better job of recovering species, while addressing the legitimate concerns of property owners or others affected by the Endangered Species Act. While increasing public participation, this legislation significantly strengthens the recovery planning process and creates new tools to ensure that recovery plans are implemented. The bill also streamlines the consultation process and provides significant new incentives for property owners to preserve and restore habitat for listed species. I remain committed to enhancing our environmental stewardship. But right now, we have a situation where over 1,100 species have been listed under the existing Act, and less than two dozen have been delisted. Litigation is consuming far too much of the time and resources of federal agencies that could be better spent actually recovering species. The time has come to admit that there must be a better way to protect wildlife. I hope that this will be the beginning of a bipartisan dialogue that results in effective improvements in the Act. In the meantime, I will continue to press for the assistance that the residents of the Klamath Falls area need to make it through this year. It has become increasingly apparent to me over the last three weeks that existing federal disaster assistance programs and crop insurance programs are simply not geared toward the type of situation we have in the Klamath Falls area. I will continue to press the Administration for an assistance package that will provide meaningful relief to these families.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy last month. 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 heinous crime that occurred October 31, 1999 in Inverness, Florida. After shouting anti-gay epithets, a teenager allegedly drove into a group of young people dressed in drag on Halloween night, killing 17-year-old Allison Decratel and injuring another person. The teenager, Richard Burzynski Jr., 17, and passenger Thomas Alan Bonneville, 16, drove past the cross-dressed group several times shouting ``faggots'' at the boys in the group before steering the car into the group of teens. The perpetrators fled the scene but were apprehended 50 miles north of the incident. On November 19, Burzynski was indicted on six counts, including first-degree murder. 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, we can change hearts and minds as well.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I have spoken many times about the importance of adding a prescription drug benefit to Medicare. There are other ways in which the Medicare program could be strengthened, for example, by upgrading for innovative medical technologies not covered under the old structure of Medicare. One example of advanced technologies that should be in use are oral anti-cancer drugs. I rise today in support of the Access to Cancer Therapies Act. Most people would be surprised to know that all cancer therapies are covered under Medicare. This situation is due to an accident of fate. When Medicare was created in 1965, orally administered cancer drugs were completely unknown. While 90 to 95 percent of anti-cancer drug therapy is covered under Medicare Part B, this coverage is largely limited to injectable drugs that are administered incident to covered physician services. Orally administered anti-cancer drugs are only covered if they have an injectable equivalent. Currently there are only seven of these pharmaceuticals available. Researchers fully expect that in the near future, cancer care will be much more heavily based on oral drugs; while oral drugs currently make up around 5 percent of the oncology market, it is projected that they will become 25 percent or more within a decade. Continuing to exclude coverage of oral cancer medications will impose significant unnecessary cost burdens on Medicare beneficiaries, and could influence treatment decisions more on the basis of cost than quality. The cure for cancer has long been the golden ring of medical research, eluding the grasp of even the most intrepid scientists. But today, in Oregon, we are one step close to a cure. At Oregon Health & Science University, or OHSU, in Portland, Dr. Brian Druker has discovered a treatment for a specific form of leukema--a treatment that offers hope to cancer patients everywhere. Dr. Druker's treatment, known as Gleevec, offers hope to cancer patients everywhere because it shows us how to fight cancer: at the molecular level. As Dr. Peter Kohler, President of OHSU, said: ``People have won the Nobel Prize for lesser work.'' For Dr. Druker, this was a dream that began over twenty years ago, as a medical student. He sat through a lecture on chemotherapy and thought the practice barbaric. He dreamt of the day that chemotherapy could be replaced with a more humane treatment that killed cancerous cells, but didn't ravage the body. In his research, he developed an interest in the proteins responsible for signaling cell growth. He believed these proteins were perfect targets for new therapies. In particular, he felt that BCR-ABL, an abnormal protein responsible for overproduction of white blood cells in a certain type of leukemia, was the best bet for targeted therapy. In 1993, he came to Oregon to head up his own leukemia research lab at OHSU. It was at that point that his research really started to blossom. He began to experiment with potential treatments for chronic myelogenous leukemia, or CML. One chemical compound, STI 571, immediately showed the most promise. Clinical testing began in June 1998 and the results were nothing less than astonishing. In every case, white blood cell counts returned to normal within six weeks. ``I thought it was too good to be true,'' Druker says. In fact, further clinical trials have shown that STI 571, now known as Gleevec, is, if anything, more effective than Dr. Druker originally thought. Trials have been extended to 30 countries and nearly 3000 patients. Over 90 percent of those in the disease's acute, or blast, phase have seen their white blood cell counts return to normal, and one-third in the same phase have no remaining traces of leukemia. In other words, not only did Gleevec treat the leukemia symptoms, it began to eliminate the molecular basis of the disease altogether. Not surprisingly, the Food and Drug Administration last week approved Gleevec for the treatment of CML, the fastest ever approval by the FDA for an anti- cancer treatment. Further clinical trials have shown that Gleevec is effective for a rare form of cancer known as gastrointestinal stromal tumor, or GIST. Similar to the way Gleevec inhibits the BCR-ABL protein that is found in nearly all CML sufferers, Gleevec also appears to inhibit the so- called KIT protein that is prevalent in most gastrointestinal tumor patients. Trials are also planned or already underway to test Gleevec on brain tumors and soft tissue sarcoma. As Dr. Druker says, Gleevec is unlikely to be a cure for every form of cancer. Nevertheless, it does provide a road map. The important step is to find the molecular defect that underlies each form of cancer and target it for therapy. And with the completion of the Human Genome Project, the information to help find those molecular defects is now available. The discovery of Gleevec secures Dr. Druker's reputation as one of the foremost scientists of his generation, and may well put him in line for that Nobel Prize mentioned by Dr. Kohler. But it also symbolizes the growing strength of the Oregon Cancer Institute at OHSU. The institute is relatively new, but that hasn't hindered it from having a large impact on the field. That's a testament to the high intellectual caliber of the staff there. As Dr. Grover Bagby, director, points out: the Oregon Cancer Institute was founded on the principle of fighting cancer at the molecular level. And thanks to Dr. Druker, fighting cancer at the molecular level is now the guiding principle for cancer researchers everywhere. As I said at the beginning of my remarks, the cure for cancer has long been the golden ring of medical research. Yet today, thanks to the work of Dr. Druker and others at OHSU, cures for cancer are at hand. This is a proud day for medical research, and a proud day for Oregon. Passage of the Access to Cancer Therapies Act would give hope to Oregonians such as Jim Underwood, a Medicare beneficiary in Oregon in the last stages of leukemia. Because Medicare does not currently cover oral cancer treatments, many patients like Jim Greenwood may not benefit form the most innovative, appropriate cancer fighting technologies. I urge my colleagues on both sides of the aisle to move quickly to pass the Access to Cancer Therapies Act so that all Medicare beneficiaries can have access to the most technologically advanced medications available and appropriate for their conditions.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy last month. 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 heinous crime that occurred December 12, 1999 in Washington County, PA. Three men who went to an adult bookstore to rob a gay man now face charges of kidnapping, robbery, aggravated assault, murder, tampering with evidence, and one count of conspiring to commit those crimes in the disappearance of Ira Swearingen, 49, a medical consultant from Stout, NV. The gruesome details of the abduction, beating, and murder of Swearingen were revealed in court. After being abducted, Swearingen was stuffed inside the trunk of his rental car, during which time, one of the perpetrators said ``Did ya hear it? I broke his jaw.'' Another perpetrator heard gurgling of blood and heard the victim screaming. They yelled ``Shut up faggot! Shutup, pickle.'' Later, the victim was driven to an isolated area, forced to strip and marched into the woods as he pleaded for his life at which point, one perpetrator testified, he shot the victim between the eyes at close range. I believe the 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, 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 last month. 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 detail a heinous crime that occurred October 29, 1999 in Indianapolis, Indiana. A trio of men, while allegedly committing a series of robberies, broke into the apartment of two men. Convinced that the men were gay, the perpetrators forced the men to strip, tied them together, and tortured them with a hot iron. During the attack that lasted more than 30 minutes, both victims were burned repeatedly, kicked, beaten with a small baseball bat and other household items, and taunted with homophobic remarks. One of the victims was forced to drink a mixture of bleach and urine. The robbers also tried to burn the building down on their way out but later inexplicably returned, put out the fire, and gave some water to the man they made drink the bleach mixture. The robbers walked away from the scene after having stolen $6. 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, 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 last month. 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 detail a heinous crime that occurred November 6, 1998 in Seattle, Washington. A gay man was severely beaten with rocks and broken bottles in his neighborhood by a gang of youths shouting ``faggot.'' The victim sustained a broken nose and swollen jaw. When he reported the incident to police two days later, the officer refused to take the report. 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, we can change hearts and minds as well.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to congratulate the Russian Jewish Congress for laying the cornerstone of the Archipova street Community Center near the Moscow Choral synagogue. I think it is also important to thank the Chief Rabbi of Moscow, Rabbi Pinchas Goldschmidt, the spiritual guide of the Russian Jewish Congress, for the restoration of the Choral Synagogue dome which was destroyed under an anti-Semitic decree of the pre-revolutionary Moscow government. The Russian Jewish Congress was established in January 1996. In the years since then it has been a stalwart combatant of racism and anti- Semitism in Russia establishing 50 branch offices throughout the Federation. In 1998 the Congress completed the Holocaust Memorial Complex on Poklonnaya Gora in Moscow, the first Holocaust museum in Russia. In addition the Russian Jewish Congress arranged for the restitution of funds disbursed to Holocaust survivors in Russia to be tax exempt. Finally, I would like to note the work of Mr. Yuri Luzhkov, Mayor of Moscow, for his initiative to restore the Choral Synagogue and the surrounding area, including erecting a replica of Jerusalem's Wailing Wall, symbolizing the suffering of the past as well as the hope for the future of Russian Jewry. I congratulate all of you for your dedication and hard work on behalf of the Jewish Community in Russia.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes legislation I introduced with Senator Kennedy last month. 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 detail a heinous crime that occurred September 22, 2000 in Roanoke, VA. Ronald Edward Gay, 53, allegedly walked into the Backstreet Cafe and opened fire on patrons, killing one person and wounding six others. Gay told police that he shot seven people in a gay bar because he was angry about jokes people made about his last name. Gay has been charged with first-degree murder in the death of Danny Lee Overstreet. Police have said that Gay admits shooting people ``to get rid of, in his term, `faggots,' saying that Gay was upset over the fact that people made fun of his last name.'' 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 by passing this legislation 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 last month. 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 detail a heinous crime that occurred October 31, 1999 off the coast of California. A 37-year-old gay man was the target of a brutal anti-gay attack on board a cruise ship. The victim was assaulted by two other passengers in a hallway of the ship, who called him a ``f---ing faggot'' several times. He sustained injuries including a broken nose, three skull fractures around his eyes, chipped teeth and multiple contusions. Because the attack happened at sea, beyond the reach of state and local laws, police have been unable to pursue the case as a bias-related incident, referring it instead to the federal government. 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, we can change hearts and minds as well.