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 in March of this 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 May 4, 1992 in Chicago, IL. Two lesbian women were beaten and taunted by several teens in a park. Donna Hayden, 18, and Kimberly Cary, 19, each were charged with battery and hate crime 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, we can change hearts and minds as well.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. I have two amendments. One deals with a change in crop insurance to include farmers for coverage under crop insurance when the disaster is not natural, but Government-made. The second one is just simply as to policy with respect to a long- term plan that Senator Wyden and I are working on that includes as one of its goals the economic viability of the agricultural community of Klamath Falls.

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 this 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 November 5, 1994 in Laguna Beach, CA. A gay man was attacked by two men yelling anti-gay slurs. The assailants, Donald Nichols, 18, and an unnamed 16- year-old boy, were charged with robbery and assault with a deadly weapon 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, 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 this 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 August 1991 in San Francisco, CA. A gay person was assaulted while walking in the city's Castro neighborhood. The assailants, both 17-year-old females, were later found guilty on all counts of felony assault and hate crime violations 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, 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 this 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 August 1990 in Burlington, VT. A gay man was brutally assaulted by two men. The assailants, Dominic P. Ladue, 28, and his brother Richard W. Ladue, 17, were convicted in connection with the assault. Dominic LaDue was sentenced to 2\1/2\ to six years in prison under Vermont's hate crime law. 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 in March of this 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 16, 1995 in Seattle, WA. An attacker threatened a gay man by holding a gun to the victim's head and using anti-gay slurs. The assailant, Daniel Gooch, 30, was charged with fourth-degree assault 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, 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 this 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 25, 1991 in San Francisco, CA. John Quinn, a gay man, was attacked by a man who threw a bar stool at him, yelling ``Faggot, faggot, faggot!'' The assailant, Mai Nguyen, was 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, 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 this 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 November 11, 2001 in Milwaukee, WI. A lesbian woman, Juana Vega, was brutally assaulted and shot five times at point-blank range. Pablo Parrilla, the brother of Vega's then-girlfriend, has been arrested in connection with Vega's murder. Mr. Parilla objected to his sister's relationship with Vega, and reportedly threatened to kill Vega for ``turning his sister gay.'' I believe that government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act 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 in strong support of legislation to reform the Railroad Retirement system. Reform legislation has 75 cosponsors in the Senate and I am proud to be one of them. Over the past 65 years, Railroad Retirement has provided a safe guarantee of benefits to railworkers and their families. In order to keep these benefits secure, both management and labor have endeavored to come up with an agreement that would strengthen the Railroad Retirement system, and I believe that this legislation, The Railroad Retirement and Survivors' Improvement Act has done just that. This legislation represents a balanced benefits package that together with phased-in tax cuts can provide and ensure the financial integrity of the Railroad Trust fund. This bill introduces sound investment techniques into the effort to make better use of resources built up by railway employees many who live in my home State of Oregon. The legislation relies upon a number of features to ensure the fund will meet its benefit obligations to retirees: Fund Reserves. The legislation maintains four to six years worth of benefits in reserve as a safety margin. Automatic Tax Adjustment. Tax rates on employers and employees will be adjusted automatically in an effort to maintain a fund balance sufficient to pay between four and six years of benefits. Asset Management. Assets will be managed much like private pension funds, providing the opportunity to earn higher rates of return than the current 6 percent rate of return. Higher returns will provide additional funds for benefit payments and reduce the need for high payroll taxes. I have been particularly worried about the plight of widows and widowers of retired railroad employees. Under current law, their monthly checks actually decline by two-thirds when a spouse dies. I believe this trust fund can do better by these widows and widowers and am happy that this legislation calls for the surviving spouse to receive 100 percent of what the retired employee was entitled to. Almost 50,000 retirees will be affected by this provision. Further, this legislation allows the industry to reduce the burdensome payroll tax it now carries to provide benefits. A three percentage point drop in payroll taxes is phased in over three years. The payroll tax was a very real disincentive to hiring employees or replacing retirees and it frees up capital for other expenditures. I am sure that the relatively swift passage of this reform legislation is welcome by those in the Railroad industry and urge all my colleagues, including the 75 cosponsors of this bill in the Senate, to continue to give it strong backing to ensure these needed improvements are enacted and beneficiaries see these desperately-needed changes.

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 this 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 24, 2000 in Somerset, KY. Two women, while working as caretakers at a hospital, beat and abused a mentally retarded patient. The assailants, Valerie Hoskins and Crystal Wright, were indicted on criminal charges 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, 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 this 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 9, 1993 in Laguna Beach, CA. A gay Vietnamese man was assaulted behind a string of beachside gay bars. Jeff Michael Raines, 18, and Christopher Michael Cribbins, 22, both of San Clemente, and a 16-year-old from San Juan Capistrano 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, 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 this 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 May 1996 in Philadelphia, PA. Stephen Leo Jr., 19, and Kevin Zawojski, 17, yelled anti-gay slurs and beat a man they believed to be gay. Mr. Leo was sentenced to 18 to 36 months in jail and Mr. Zawojski was sentenced to 29 to 58 months in jail 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, 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 this 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 16, 1994 in Salt Lake City, UT. Two women, one lesbian and one bisexual, allegedly were beaten by a man who yelled anti-gay slurs. The assailant, Gilberto Arrendondo, 44, was charged with four counts of violating the State hate crime law and four counts of assault. I believe that Government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act 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 in March of this 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 May 16, 1995 in Eau Claire, WI. A man was beaten by another man who used anti-gay slurs during the assault, and claimed the victim made homosexual advances toward him. The assailant, Chad A. Johnson, 19, was charged with attempted first-degree intentional homicide under the State hate crime law. 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 in March of this 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 April 1995 in Seattle, WA. Ian West, 29, was arrested for attacking a gay man. Mr. West was subsequently sentenced to five days in jail, ordered to pay restitution, perform community service, and complete an anger management class. 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 in March of this 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 5, 1993 on Staten Island, NY. A 22-year-old gay man allegedly was beaten by 30 youths chanting anti-gay slurs. One of the assailants, Andrew Dubitsky, 17, was charged with second-degree assault. I believe that government's first duty is to defend its citizens, to defend them against the harms that come out of hate. The Local Law Enforcement Enhancement Act 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 in March of this 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 Aug. 24, 1997 in Leesburg, FL. A man allegedly punched a woman in the face because of her sexual orientation. The assailant, Kevin Earl Bilbrey, 25, was charged with aggravated battery and a hate crime. 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 in March of this 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 March 29, 1997 in Huntington Beach, CA. Michael Reign Caywood, 21, allegedly beat and robbed a gay man in his home. The assailant, who allegedly has ties to white supremacist groups, was charged with assault and residential robbery in connection with a hate crime. 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, today I take notice of a recent positive development in the creation of a more modern legal regime for international shipping. I was very pleased to see that America's importers and exporters and the ocean carriers that transport America's international trade reached agreement last month on the form and substance of international cargo liability reform. While this is a field with which most of us are at best only vaguely familiar, it has been the subject of intense debate in maritime circles for many years. In fact, draft reform legislation proposed by the Maritime Law Association of the United States was the subject of a hearing in the Senate Commerce Committee in 1998. Similar draft legislation was also reviewed by the Subcommittee on Surface Transportation and Merchant Marine during the last Congress under the leadership of Senator Kay Bailey Hutchison. Because of the inability of the commercial parties to agree on how or whether to proceed with such a proposal, however, the legislation was never introduced. Last month, the World Shipping Council, representing the ocean shipping companies serving America's foreign trades, and the National Industrial Transportation League, representing American importers and exporters, announced that they had reached agreement on cargo liability reform. They issued a joint statement outlining their agreement and pledged to work through the process to be established by the U.N. Commission on International Trade Law, (UNCITRAL), to assist in the development and ratification of a new international cargo liability convention. The goal of this effort is to produce an internationally acceptable instrument that can be ratified by the United States and our trading partners. Most parties are in agreement that the U.S. law governing cargo liability, which dates back to 1936, can benefit from being updated, ideally in the context of a uniform international legal regime. What they have not been able to agree on, until now, is what real reform should look like. The shippers and carriers have also agreed on a reasonable timetable for pursuing an international solution, and the shippers will forego their push for U.S. legislation so long as the international process produces an acceptable convention within this timeframe. I commend the carriers and shippers for agreeing to set aside their decades of differences on this issue and for trying to help produce an agreement that can be adopted by the United States. I also want to commend my colleague, Senator John Breaux, for his interest and leadership on this very important issue. As the ranking Republican on the Senate Subcommittee for Surface Transportation and Merchant Marine, which Senator Breaux chairs, I will work closely with him to keep a watchful eye on this process and to consult with the World Shipping Council and the NIT League, as well as with all other interested parties over the next few years to receive progress reports. I would also encourage the State Department, the Department of Transportation and other agencies within the U.S. Government that may be involved in the multilateral negotiating process to consult regularly with the commercial parties and include them directly in the intergovernmental process. As you can tell, I have two critical goals for this process: one, I want all relevant parties to work together for a commercially and politically-acceptable agreement for our trading partners; and, two, I want the U.S. Government to be a helpful and productive partner in this process. While these negotiations go on, I will be monitoring things closely, and hope that a positive international agreement can come together in the not-too-distant future.

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 this 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 18, 1999 in West Hollywood, CA. Three men attacked two transgendered women with aluminum baseball bats. The assailants yelled anti-gay epithets during the attack. One of the victims required hospitalization for a head injury. 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 ask unanimous consent that the text of the bill be printed in the Record.

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 this 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, 1996 in Washington, D.C. The assailant, Michael J. Monts, 29, was charged with simple assault and assault with a deadly weapon for allegedly attacking a gay man in July 1996. Monts was ultimately convicted of assault with a deadly weapon in connection to that crime. 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 ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH of Oregon

Mr. SMITH of Oregon. Madam President, I would like to take this opportunity to pay tribute to Oregon native, Sergeant Jeffrey Hojnacke, a member of the 3rd United States Infantry, better known as ``The Old Guard.'' Sergeant Hojnacke's accomplishments while serving as a sentinel at the Tomb of the Unknowns personify the hallowed principles of duty, honor, and country. After joining ``The Old Guard'' in 1995, Sergeant Hojnacke performed his first ``walk'' at the Tomb of the Unknowns in Arlington National Cemetery in May 1996. Completely selfless and dedicated, Sergeant Hojnacke never missed a day of duty, and routinely filled in for others. On October 17, 2001, after over 5 years of duty standing watch over the most sacred of American shrines, Sergeant Jeffery Hojnacke completed his 1,500th and last ``walk'' at the Tomb of the Unknowns. To put this accomplishment into perspective, very few sentinels in the history of the Tomb of the Unknowns have reached the coveted ``1000 walk'' mark, and no one has come close to the 1,500 walks completed by Sergeant Hojnacke. This is a record that will undoubtedly stand for many years. On behalf of a grateful nation, let the record show the Congress of the United States of America honors the selfless service and accomplishments of Sergeant Jeffrey Hojnacke, an American hero, patriot and ``Iron-Man'' of the Tomb of the Unknowns.

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 this 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 February 9, 1993, in Hartford, CT. Johny Pittman, 29, and John L. Pittman, 21, allegedly robbed, abducted, and sexually assaulted a gay man. The assailants allegedly asked the victim if he was gay before assaulting him. They were charged with a hate crime and four other offenses related to 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, we can change hearts and minds as well.