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Home , Abigail Adams, Chris Pittaro, Lake Werbellin, Matt Nokes

August 4, 1987 EXTENSIONS OF REMARKS 22315 EXTENSIONS OF REMARKS DETROIT'S SPARKY ANDER­ He said, too, that 1984 "was my worst year A conversation with him is still a romp SON-HE'S JUST GETTING personally. I knew we had a chance to win it through anecdotes, philosophies, all, and I became obsessed by it. I felt every negatives and misplaced metaphors. If he WARMED UP loss was on me. We'd lose a game and I'd sit isn't yet Casey Stengel, he's at least close, in the office and stare at the wall. One of particularly the moment last year when he HON. CARL D. PURSELL the coaches would come in and say, 'Let's go said Alan Trammell would have to OF MICHIGAN have dinner.' I wouldn't go. I thought be­ play through a shoulder problem because, cause we lost I couldn't even go eat. "Pain don't hurt.'' IN THE HOUSE OF REPRESENTATIVES "That goes back to what happened in Cin­ He admits that, yes, he sometimes gets a Tuesday, August 4, 1987 cinnati. I've got as big an ego as the next little too excited about games or players, guy and felt I just had to win it with an­ such as the time two years ago when he Mr. PURSELL. Mr. Speaker, triumphant other team. You win it in one place and abruptly moved all-star Lou World Series pennants from 1935, 1945, maybe you'll get some credit. You win it in Whitaker to third because rookie second 1968, and 1984 fly over Detroit's Tiger Stadi­ two places and it's yours, baby. But it was baseman Chris Pittaro "is the best prospect um reminding fans of yesterday's Detroit Tiger tough, and I remember telling Carol, 'If we I've ever seen.'' A couple of days later, after conquests. But this summer, Tiger fans aren't win this thing, that may have to be it.'" Pittaro began to look like something less dwelling on day:s gone by. His wife advised him to wait a bit before than the next Jackie Robinson, Whitaker, announcing anything, and when he did he was quietly moved back to second and Pit­ Under the direction of Sparky An­ came back to her with some less-than-stun­ taro eventually was traded. derson, the Tigors are defying the dismal pre­ ning news: He didn't want to quit. "The worst mistake I ever made," he now dictions of preseason critics and making the "I don't think I ever will," he said. "But I says. Eastern Division race one of did promise myself that nothing would ever And there was the time in 1979 when he the hottest in baseball. eat at me like that season did. But, in the moved reliable starter Milt Wilcox to the After an abysmal start, Anderson's Tigers end, I didn't want to quit. This is my life. bullpen, explaining that, "We're going to have muscled their way into contention going Now, they may call and tell me to go home build this team around [Steve] Baker.'' 34-18 in June and July. They are locked in a tomorrow. Fine, let them do that. But quit? Wilcox asked, "Baker? You mean the one No.'' that's here now?" That plan eventually was close, heated battle for first, with Toronto and So let's the fast-forward button to a scrapped, too. New York, that may not be decided until the clear summer afternoon in 1987. and Sparky He admits to all of it, to wanting to make last out of the regular season. Anderson hasn't yet retired. He's still the stars of Pittaro, Rod Allen, Rustry Kuntz Much credit for this comeback can be given manager of the and, as he and Howard Johnson before their times. to . He has masterfully sits in a small neat office at Tiger Stadium "I am," he said, "observed with youth a meshed promising rookies like Matt Nokes, before the all-star break, he's drinking little bit.'' Jeff Robinson, and Mike Henneman with pe­ coffee, tapping some sweetsmelling tobacco But if he does get carried away now and rennial Tiger stars like Jack Morris, Alan into his pipe and considering John McGraw then, he has at least retained his enthusi­ and 2,840 victories as a manager. asm, his love of the game and his ability to Trammell, and to make this club "Connie Mack has [3,7761," Anderson perserve where others have grown tired, a contender and give it a sense of energy and said, "and that's out of reach. But McGraw . bored and cynical. excitement all its own. .. 2,800. That's possible. You know what I'd "Yeah, I don't let it bother me like I used Through his 17 major league seasons with really like to do is win 3,000 games. That's a to," he said. Detroit and Cincinnati, Anderson has come to goal of mine." "We lose, 10-0, and people say, "What are embody the belief that to persist is to triumph. He has figured all of this before and does you going to do?" Well, what do you think? His youthful exuberance, at age 53, is exem­ so again. He began this season with 1,513 We're going to come back tomorrow and try plified by his inability to give anything his undi­ victories and, if he wins 95 this season, again. Now, don't get me wrong. I do get vided neglect. would need 16 more 87 -victory seasons to upset. There's always going to be some idot reach 3,000. [player] walking through that door trying Mr. Speaker, I would like to take this oppor­ A conservative man, he said, "You're look- to ruin your day.'' tunity to share a charming article on Sparky ing at 17 seasons." He can laugh at all of it now, the firing by Anderson by Richard Justice of the Washing­ Are you looking at 17 more seasons? the Cincinnait Reds after winning five divi­ ton Post. Justice paints a clear picture of the He smiles. sion championships in nine seasons, the kind of man Sparky is-warm, funny, competi­ "That's my goal." grueling wire-to-wire lead of the 1984 Tigers tive, a winner. I urge my colleagues in the These are the best of times for silver­ and the image of Sparky Anderson. House, many of whom are also devoted base­ haired George Lee Anderson, the times He once saw a reporter leaving one of his ball fans, to read it. when he can remind people that only 11 news conferences early and yelled, "Don't men ever have managed teams to more leave yet. I'm just starting to sling it.'' With Sparky Anderson at the helm, Tiger major league victories and that there may He has a large picture of his granddaugh­ fans aren't dwelling on old championship pen­ be many more to come. ter on his desk, and above his right shoulder nants-they're dreaming of new ones. He has survived a game in which the another photo with the words, "Wanted for [From the Washington Post, July 28, 19871 burnout and firing index is high and, at 53, stealing pacifiers." DETROIT'S SPARKY ANDERSON-HE'S JUST not only seems eager to get to the park "by Next to it is a motto that reads: "Each 24 GETTING WARMED UP 2 p.m. at least," but perfectly comfortable hours the world turns over on someone who being one of baseball's few still-active living is sitting on top ot it."

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 22316 EXTENSIONS OF REMARKS August 4, 1987 tion, one that will include Matt creature of habit, especially after games. He stead total masters of the destiny of those Nokes and pitchers Jeff Robinson and Mike says he has probably had 25 postgame beers they rule in the name of Marxism-Leninism, a Henneman. in his 18 seasons as manager, but that he's a theory that is as despicable in practice as it "I love this team," he said. "I love kids. addicted to coffee and, recently, "ESPN and We don't know how good we're going to be, CNN. It's great because I never used to is intellectually incoherent in theory. but it might be better than people think. I enjoy that stuff. I couldn't escape the game, The language of diplomacy has acted like a wouldn't count us out yet. These kids are but that has all changed." drug on the West, lulling us into a moral hungry, and they haven't been tarnished He says he has even started enjoying the stupor from which we awake from time to time like some veterans. They want to learn. I'll winters and that he and Carol spend a when Marxist-Leninist practice reminds us of tell you, I love having kids because, if you couple of days a week in Santa Barbara, what Marxist-Leninist theory really means. The raise 'em right, they won't go bad on you. It Calif., "where no one has the phone number Korean airliner's destruction-to use but one goes back to the way you talk to 'em and except the kids." And this winter, they're example-was horrible in and of itself-but treat 'em. If you see 'em starting to change, taking a cruise to Venezuela, and then you get to 'em right away." spending a week at Disney World's Epcot the real horror was that such a brutal act can He called a Tigers-Reds exhibition game Center with their granddaughter. be traced, with iron logic, back to the Marxist­ in 1986 and a conversation he had with "It's like a whole new world for me," he Leninist theory of total power. When President Dave Concepcion, who had recently criti­ said. "But I think I've finally learned how Reagan said the Soviet Union is "an evil cized Reds Manager Pete Rose for not play­ to enjoy myself." empire," the outcry in the media and in certain ing him. ANDERSON'S RECORD political quarters was deafening. Yet no one Yet the people who know him best aren't bothered to ask the critics the essential ques­ sure why he has succeeded. They say that, Year Games Won Lost Percent tion: With which word do you disagree, "evil" as far as strategy goes, he's something less or "empire"? than Gene Mauch. As a friend of the work­ ing player, he's not Lou Piniella or Roger Cincinnati: It will be interesting to see how the visit of 1970. 162 102 60 .630 Mr. Honecker is treated in the world press. He Craig. And certainly players don't fear him 1971. 162 79 83 .488 as, say, the Seattle Mariners fear Dick Wil­ 1972.. 154 95 59 .617 will probably be greeted as a statesman who 1973. 162 99 63 .611 has the unfortunate, but understandable, little liams. 1974 .. . 162 98 64 .605 What then? 1975 ... 162 108 54 .667 flaw of shooting innocent men, women, and "I think his strongest point is that he gets 1976 ...... 162 102 60 .630 children because they want to leave the coun­ together a group of people that get along," 1977...... 162 88 74 .543 1978 ...... 161 92 69 .571 try. Darrell Evans said. "In the Detroit: At this point I wish to insert in the RECORD, four years I've been here, that's the thing 1979 ...... 106 56 50 .528 I've noticed. He'll scream occasionally, but 1980 ... . 163 84 78 .519 "West Gets Ready To Welcome a 1981 ...... 109 60 49 .550 Murderer," by Enno von Loewenstern, in the not that often. I think his only rule is that 1982 ...... 162 83 79 .512 he wants us to be on time." 1983...... 162 92 70 .568 Wall Street Journal, July 29, 1987: Trammell added, "He's calmed down quite 1984 ...... 162 104 58 .642 1985 ...... 161 84 77 .522 [From the Wall Street Journal, July 29, a bit since 1984, but don't let him kid you. 1986. 162 87 75 .537 1987] The game is still his life. The big thing is 1987 ...... 95 57 39 .594 GETS READY To WELCOME A that he's a good evaluator of talent. He as­ Total ...... 2,731 1,570 1.161 575 sembles a team, then doesn't mess it up." MURDERER Another of his strengths is flexibility. He broke in just as the game was changing BoNN.-The West German government from total control by management to the has announced that the president of East players' union having more and more of a IS ERICH HONECKER A Germany's state council, Erich Honecker, say. He leaves no doubt he's glad to see the MURDERER? will pay a visit in September. This will be power shifting back to management, but the first time that an East German chief of adds: HON. ROBERT H. MICHEL state enters West Germany. Mr. Honecker is "There are a lot of things a million-dollar also chief of the East German Communist contract isn't going to change. They are still OF ILLINOIS Party. The Bonn government is immensely young guys searching for something. You IN THE HOUSE OF REPRESENTATIVES pleased with itself for having thus proved see a guy go bad and it's just like he was a Tuesday, August 4, 198 7 that the conservatives too can have good re­ little boy again. Basically, you have to know lations with the East. This explains why the these are good people. You have a few jerks, Mr. MICHEL. Mr. Speaker, Erich Honecker, West German government receives Mr. Hon­ but those only mess up your day every once president of 's State Council, ecker at all-why, in fact, it so desperately in a while. But think about it: How would and chief of the East German Communist has striven to entertain the Soviet puppet the guy on the street react if he was given Party, will visit West Germany in September. It who embodies East Germany's oppression. so much money at an early age? I think I should be recalled that the party headed by How would Norway celebrate Quisling, wouldn't have been able to keep my senses, Mr. Honecker has for many years ordered that were he still alive? West Germany, it seems, and I think it hurts the players. The one­ anyone attempting to escape from East Ger­ is different. The prevailing opinion in the year contract drives them, and I'm glad many is to be shot. Despite this, thousands West German press is that thou must not we're getting back to that. anger those who control the roads to Berlin "Some guys are still driven. I leave here have tried to flee, some successfully. and the destinies of 17 million Germans late every night and guys like Evans and The language of diplomacy, one part civility behind the Iron Curtain, that "dialogue" is Trammell are still h ere talking the game. and one part hypocrisy, forbids us from using good for its own sake, and that the Western You have a lot of guys who can't wait to get the blunt words usually applied to those who politician who gets the most attention from out of here because they've got to go see order the deaths of human beings for the sup­ communist dictators is best for peace and their agent or their financial adviser or do a posed crime of wanting to live somewhere should get the most votes. deal. That's what has changed. Players used else. In fact, the language of diplomacy has There used to be a time when West to be clannish, have barbecues at each deprived us of any moral vocabulary to de­ German politicians would say: If Mr. Hon­ other's house and all that. Now, one lives in ecker comes, he will "have to bring some­ a $600,000 house over here and another over scribe, accurately and bluntly, the reality of thing substantial along." Some even would there." Communist domination. We are left with in­ demand that he rescind the Schiessbefehl, He says now he can even enjoy the travel. nocuous phrases such as "our systems are the order to shoot all East Germans who try "Let me tell you about our trip to Balti­ different" and "we look at the world in differ­ to escape to the West. But the things that more," he said. "I love that Inner Harbor ent ways" and other such meaningless words Mr. Honecker now is expected to "bring and, on our day off, I went over there and that disguise the fact the Communists claim a along" could have been settled at a lower walked around and drank a beer. That total and unchallengable right to rule because level-agreements on ecological questions or night, I went back for dinner and ended up Marxists-Leninists alone know the secrets of cultural exchange or the like. West Germa­ in Little Italy. Ain't that a great city? I love ny is to pay for the cleaning up of East just sitting there watching people, talking history through what they believe are scientific German rivers, which will benefit West Ger­ to people, I love every city we visit: Kansas means. mans since socialist dirt is flowing westward. Cit y, Oakland, Seattle, you name it." This means that Communist parties, in na­ There is hope that Mr. Honecker will A simple man who brags that he's "never tions where Communists rule, are not one widen the "family visits" program so that read a book, for instance," he has become a among many or first among equals but, in- East Germans who have no relatives in the August 4, 1987 EXTENSIONS OF REMARKS 22317 West may take trips to briefly sniff the air riority. The fact that French newspapers United States is dramatically increasing aid of freedom

August 4., 1987 EXTENSIONS OF REMARKS 22329 "They eat better than they fight," he racy, the U.S. Constitution. To the people of still needs to be done to address the noise said. "Their feed bill is higher than Suffolk North Brookfield, MA, however, 1987 is also pollution. Downs.'' being celebrated as the 175th birthday of their Indeed, airport noise is a very apparent He had Irish Bob Murphy and Bobby hometown. form of pollution. It is not the kind that fills our Quinn and no one knows how many more. Sammy Fuller worked for him and called Our Constitution has endured these many lungs; it is the kind that rattles our homes. him one night to say he was taking a heavy­ years because succeeding generations of Recently, when the Federal Aviation Admin­ weight to Providence to fight an "Italian Americans have renewed the commitment of istration adopted its expanded east coast plan shoemaker from Brockton." the Founding Fathers to the fundamental right covering north and central New Jersey, the Later Fuller called O'Keefe and said their of the people to maintain the integrity of their impetus was the number of flight delays and man was knocked out, and he asked O'Keefe life and thought-to govern themselves. safety problems with the amount of traffic in what to do. North Brookfield was established 25 years the skies. "Sign the shoemaker," O'Keefe said, but after that miracle at . Its endur­ Since then, the skies have become even he never got him. The shoemaker from Brockton was Rocky Marciano. ance can be attributed to many of the same more confused. The friendly skies are just as O'Keefe was among the closest friends of principles which have effected the longevity of frantic with activity, but the noise problem has the greats of sport. When Ted Williams was that famous document. Each generation of grown. With the FAA's plan, millions of homes a rookie, he drove O'Keefe's car. One night residents of North Brookfield has renewed its were previously unaffected by airport noise the police pulled him over. commitment to the shared interests, civic now are affected. "Why did you pull me over?" the Red Sox values, and neighborly concern that motivated In my State of New Jersey, the problem has star asked. the ancestors of the present-day residents to been so dramatic, that I have asked several "Why are you driving Jimmy O'Keefe's settle there. That those commitments should airports in New Jersey, Pennsylvania, and car?" the policeman said. Forty years ago, Jimmy O'Keefe's Restau­ last for 175 years is, in my mind, ample cause New York to participate in noise abatement. rant was the biggest spot in Boston. Sports for celebration. Our colleague from California, NORMAN figures such as Williams, Joe Cronin, Jimmy North Brookfield's anniversary will be a MINETA, has included a provision in the Airport Foxx, Jim Tabor were only a few of those year-long affair, but I would like to give special and Airway Improvement Amendments of who congregated there. recognition to what will surely prove to be its 1987, putting pressure on airports to partici­ Writers such as Dave Egan and Bill Cun­ crowning moment-the six-division parade pate in Federal noise monitoring and abate­ ningham and Walter Howie were regulars. which took place on July 26. I would like par­ ment. If an airport authority does not make The politicians were there. The people who ticularly to recognize the efforts of Parade reasonable progress in developing a noise later robbed Brinks were there. Everyone, it seemed, was there. Committee Chairman Kathleen Crevier; 175th compatibility program, then 10 percent of the Anniversary Committee Chairman Robert Litt­ airport's Federal funding would be redirected FRIEND TO ALL lefield; and Town Selectmen Joseph A. Val­ to the community level, so tha.t the noise level But he always kept the Dugout and when everything was said and done, he loved the lencourt, Jr., Raymond H. Small and Eugene can be addressed through the community. young people. Caille, Jr., for a tremendous display of civic The FAA and the Environmental Protection His bartenders were Boston University pride and planning. Agency are charged with protecting our Nation hockey and football players. He kept wait­ Mr. Speaker, it is a very special year in our from the persistent problem of airport noise. resses and bartenders on the payroll for dec­ country's history and the confluence of events Much can be done to help the millions af­ ades. which has made it all the more special for fected by airport noise. All it takes is doing it. Kids who needed $5 or $10 always knew North Brookfield is truly deserving of our rec­ I am including an article from the Jersey they could get it from Jimmy O'Keefe. ognition. Journal, speaking to the problem: In 1961, Boston police arrested him after an undercover officer said he heard O'Keefe [From the Jersey Journal, July 8, 19871 calling in a bet. That wasn't news. Everyone JETS JAM NEIGHBORHOODS AIRPORT NOISE CONTROL STUDY SOUGHT knew Jimmy O'Keefe would bet on any­ thing. WITH NOISE The Port Authority of New York and New Jersey should do a study on the problem of The news was when he was arrested. The increased noise at metropolitan area air­ switchboard at Boston Police headquarters HON. JAMES J. FLORIO ports, said Rep. James J. Florio, South lit up like a Christmas tree as friends called OF NEW JERSEY to ask why such a thing could happen. "It Jersey Democrat. was like arresting Santa Claus," the Boston IN THE HOUSE OF REPRESENTATIVES Speaking yesterday at a news conference Tuesday, August 4, 1987 in a Kearny park, he said new flight pat­ Record-American reported. The case was terns instituted in February at Newark dropped. Mr. FLORIO. Mr. Speaker, in the friendly Jimmy O'Keefe never married nor had International Airport and LaGuardia Air­ children. His closest relative is a cousin. skies every morning, there is a noise that re­ port in New York City have prompted com­ His last request was that, instead of flow­ fuses to go away. It is that of airplanes land­ plaints from residents in 27 New Jersey ers, donations be sent to the Pine Street ing in and taking off from our Nation's air­ communities. Inn, where the people he cared about live. ports. He said helicopter traffic that has risen His heart was bigger than he was. considerably at Teterboro Airport also has For the millions of individuals who live in the contributed to the problem. And you can bet a lot of people are going acoustic shadow of the aircrafts' flight paths, The Port Authority should request funds to be at a funeral Mass at St. Theresa's the noise they wake up to in the morning and from the Federal Aviation Administration Church in West Roxbury Wednesday, July live with as they sit in their homes is a persist­ 29, at 10 a.m. to examine noise levels in six counties near ent problem. Newark International Airport, Florio and In the past few weeks, I have brought this Rep. Frank J. Guarini, D-Jersey City, told NORTH BROOKFIELD'S 175TH matter to the attention of our colleagues in P.A. Executive Director Stephen Ledger in a ANNIVERSARY Congress because it is a matter that affects letter dated July 2. The letter had not been received by late every community. There are hundreds of air­ yesterday afternoon, said a P .A. official. HON. EDWARD P. BOLAND ports with airplanes crisscrossing the skies. Surrounded by local offieials, including OF MASSACHUSETTS For every airplane that enters the airspace, state Sen. Thomas F. Cowan, D-Jersey City, IN THE HOUSE OF REPRESENTATIVES there is that much more noise for our commu­ and Kearny Mayor Henry Hill, Florio ac­ nities to contend with. cused the Environmental Protection Agency Tuesday, August 4, 1987 Yet there are solutions to the airport noise and the FAA of being lax in enforcement of Mr. BOLAND. Mr. Speaker, I would like to problem. Thanks to legislation that I supported noise pollution laws. call to my colleagues' attention a very special and the Congress passed in 1979, Federal "It seems that some people in Washington don't want the EPA involved in noise pollu­ anniversary which is being celebrated in my funding exists for programs to study the noise tion. It's time to start thinking about it and district. problem at all of the Nation's airports. doing it," Florio said. Almost all Americans are aware that 1987 is Since 1979, however, only 100 of the air­ He suggested that the state attorney gen­ the 200th anniversary of what I believe to be ports in the Nation have participated in the eral should consider suing the EPA if condi­ the crowning achievement of modern democ- Federal programs. Of the remainder, m·uch tions do not improve soon. 22330 EXTENSIONS OF REMARKS August 4, 1987 Florio attributed the rise in complaints to uniform vice zone patrol, whose responsibility tiona! training program for young adults in the the FAA's new system of routing planes, was to maintain order in the Pike amusement District of Columbia who aspire to enter the more flights spurred by deregulation, and area, and to enforce ABC laws in the restau­ building trades industry. overworked air traffic controllers "who are not cushioning the impact of higher levels rants and lounges in the area. The remainder Action to Rehabilitate Community Housing of traffic." of the time Bob spent on the vice force as a [ARCH) is a program which operates under Air safety is foremost at airports, Florio plain clothes officer dedicated to enforcing the Cooperative Employer Education Program said, but high noise levels can add to health gambling, prostitution, and ABC laws. [CEEP], in conjunction with the Division of problems. He chided the EPA for "opting Officer Russell was assigned to Community Adult Education in the District of Columbia out of its responsibility" and said the EPA Relations in March 7, 1981. He immediately Public Schools. As a building trades training and FAA have not coordinated efforts on took over the responsibilities of the Officer Bill program, ARCH provides two 26-week carpen­ that front. The FAA's decision to alter traffic routes program, making presentations to elementary ter I drywall and weatherization mechanic pro­ from Florida to Boston was part of a plan to school children throughout the city of Long grams, a 47-week housing rehabilitation spe­ relieve congestion and improve safety. Beach. Bob is often recognized as Officer Bill cialist program, or a 16-week gas/heat main­ Under the Expanded East Coast Plan, or by the children of the community. He has tenance and repair program. In addition to EECP, planes flying south and southwest become an invaluable asset with the commu­ these skills, the curriculum focuses on cultivat­ out of the two local airports were routed nity relations division where he is often called ing good work habits, healthy customer I co­ over the New Jersey communities of Tewns­ on to speak to many groups and organizations worker relationships, and tutoring in reading, bury, Long Valley and Hackettstown. Before the EECP, the flights went over Heading­ who request crime prevention information in mathematics, measuring, and oral and written ton. any area of law enforcement. He has been communication. Legislation passed in 1979 by Congress established as the liaison officer for the de­ On August 14, 1987, ARCH will hold its first allows airports to petition the FAA for a partment in the areas of labor relations, Asian commencement exercise and will award certif­ study of noise levels. relations, and gay liaison. icates to 27 trainees who have successfully Such FAA studies allow federal funding For the past 7 years, Bob has organized the completed the prescribed course of study. for programs such as sound-proofing homes, Police and Citizens Award Luncheon which These young adults having had the benefit of changing traffic patterns, designating pref­ has always been a tremendous success. His erential runways, limiting night operations this vocational training program, which com­ and enforcing minimum noise standards, outstanding commitment to his community has bined hands-on craft skills with classroom Florio said. never gone unnoticed as he has been recog­ study, will be in a better position to enter the Only about 100 airports in the country nized by many organizations for his contribu­ highly competitive job market in this metropoli­ have conducted the studies, he said. Jim tions and presentations, and has received tan area. Muldoon, general manager of aviation tech­ over 65 letters of appreciation and commen­ Mr. Speaker, I am proud to bring this worth­ nical services for the P.A., said both airports dations. while program to your attention, and I want to have studies similar to the one requested. Officer Robert Russell married his wife, express the gratitude of the citizens of the "We've had it for four years and the FAA has been funding 90 percent of our noise Molly, on April 18, 1964. Together they raised District of Columbia to the DC Government, abatement program, such as school sound­ two daughers, Colleen and Kathleen. They the DC Public School System, PEPCO, and proofing in 17 or 18 schools. We've done it also have two grandsons, Matthew Allen and the Private Industry Council for their continued in Newark's Ironbound and in Port Eliza­ Bryan David. support and dedication to this project. Action beth." Bob has many hobbies including collecting to Rehabilitate Community Housing is the kind The studies he said usually examine areas police patches and coins. He enjoys fishing, of program that might serve as a model for surrounding airports, not areas 20 to 30 off-road biking, and horseback riding. He also other communities. miles away. enjoys traveling, water skiing, and is an avid Florio said the higher volume of air traffic fan of the Los Angeles Rams football team. meant "more planes are circling over remote IN HONOR OF THE VICTIMS AT areas." Bob raises Arabian horses, and aside from being an expert horseman, he has taken his NASSCO Arabian horses to over one hundred first A CONGRESSIONAL SALUTE TO place trophies in open shows and rated class HON. JIM BATES ROBERT E. RUSSELL A Arabian, Halter, and Western pleasure com­ OF CALIFORNIA petition. Upon retirement, Bob and Molly will IN THE HOUSE OF REPRESENTATIVES HON.GLENNM.ANDERSON move to Lockwood Valley to continue to raise Tuesday, August 4, 1987 OF CALIFORNIA horses on their ranch which is appropriate IN THE HOUSE OF REPRESENTATIVES named Russell's All "R's" Arabians. Mr. BATES. Mr. Speaker, I was deeply sad­ dened to learn of the tragic accident which Tuesday, August 4, 198 7 Mr. Speaker, Officer Robert L. Russell has proudly served his uniform and his community. occurred at National Steel and Shipbuilding in Mr. ANDERSON. Mr. Speaker, it is my dis­ He made the city of Long Beach a special San Diego on July 10, 1987. Six men lost their tinct honor to rise today to pay tribute to Offi­ place to live and work. My wife, Lee, joins me lives and six others were injurt3d in this regret­ cer Robert E. Russell, who is retiring from the in congratulating Officer Russell on his many table incident. Long Beach, CA, Police Department after accomplishments and achievements over the These brave men were victims of an unfor­ having served over 30 years. Officer Russell years. We wish him and his wife, Molly, and tunate accident while serving the United will be honored at a retirement ceremony on their two daughters, Colleen and Kathleen, States. These men had just completed their Friday, August 14, 1987. and their two grandsons, Matthew Allen and days' work assignments on the U.S.S. Sacra­ Officer Robert Lee Russell was born Octo­ Bryan David, happiness and all the best in the mento, a fast combat suppo11 ship that was ber 15, 1932 in Long Beach. He attended years ahead. undergoing repairs at the shipyard. Long Beach Polytechnic High School where I want to express my condolences and he excelled in track and field. Upon gradua­ deepest sympathies to the families of Maurice tion he joined the U.S. Army where he served COMMENCEMENT EXERCISE McClure, Carlos Mendez Ortiz, William A. 4 years and was honorably discharged as a FOR ACTION TO REHABILI­ Starke, Jr., August Lawrence Unser, Rafael corporal. Bob then went to work for Douglas TATE COMMUNITY HOUSING Barajas Magana, and Roberto Estrella, who Aircraft where he was a union representative lost their husbands, fathers and sons. until joining the Long Beach Police Depart­ HON. WALTER E. FAUNTROY I wish to extend my sincerest wishes for a ment in July 1, 1957. OF THE DISTRICT OF COLUMBIA speedy recovery to Carge Johnson, Jr., Este­ During his career of service with the Long IN THE HOUSE OF REPRESENTATIVES ban Delgadillo, Ford Pulley, George Sumner, Beach Police Department, Bob has worked as Doug Wilson, and Robert Miller, who were in­ a patrolman in the patrol division, the jail divi­ Tuesday, August 4, 1987 jured on this dreadful day. sion, vice division, and community relations di­ Mr. FAUNTROY. Mr. Speaker, I would like The trades involved in shipbuilding are very vision. He spent a 7 -year period in the vice di­ to take this opportunity to commend to my dangerous occupations. I would like to im­ vision, which was divided between working the colleagues an outstanding vocational educa- press upon officials at National Steel and August 4, 1987 EXTENSIONS OF REMARKS 22331 Shipbuilding, and at the Federal Occupational its Constitutional responsibility to provide servatism and extremism. In leaving the Safety and Health Administration, the need for advice and determine whether consent door open to some forms of affirmative a comprehensive updating of the safety regu­ should be given to the appointment. action, he had the personal flexibility to Under our Constitutional system, liberty permit an interpretation of the Constitution lations for this industry. and justice depend on balance-a balance of in light of the evolving sense of justice of governmental institutions and a balance of the American people. AMENDMENT TO THE EMPLOY­ principles of popular sovereignty and funda­ The nominee has opposed improvement in EE RETIREMENT INCOME SE­ mental rights. The Federalist No. 51. The the fairness of our political system, arguing Supreme Court plays a crucial role in deter­ against the landmark decision guaranteeing CURITY ACT OF 1974 mining the nature of the balance. Since a the principle of one-person-one-vote. He has seat on the Supreme Court is a lifetime ap­ authored opinions arguing for restricted HON. JACK BROOKS pointment, the stakes are high each time a access to the courts and against women's OF TEXAS nomination is considered. A justice with ex­ rights. He has criticized Supreme Court de­ treme views could upset the balance of our cisions elaborating the Constitutional right IN THE HOUSE OF REPRESENTATIVES democracy. of privacy, and he had made troubling state­ Tuesday, August 4, 1987 The nominee's views have been set forth ments on free speech, suggesting a danger­ Mr. BROOKS. Mr. Speaker, today I have in­ forcefully and articulately in the prolific ously narrow approach. writings of a long professional career. Re­ When one turns from the need to preserve troduced a bill to amend the Employee Retire­ grettably, review of the record makes clear and strengthen individual rights, to the ment Income Security Act of 1974 [ERISA]. that this nomination threatens to upset the other challenges that lie ahead, the nomi­ This legislation is identical to that which I pro­ Constitutional balance. In evaluating a nee's record is equally troubling. America, posed in the last two Congresses. nominee's views, considerable latitude today, faces a world of fierce economic rival­ As it stands now, ERISA's protections are should be allowed for differences of opinion ry. In the short period of a half dozen years, incomplete; the law explicitly protects workers and philosophy. Here, however, the nomi­ ballooning debt, slipping productivity, and pension plans from the ravages of corporate nee's views are outside the mainstream of eroding market shares have put us on the mergers, but does not cover any of the nu­ American Constitutional and legal thought. defensive around the world. We need an un­ The economic and social forces of the dogmatic and flexible response, but the merous other, nonpension, worker programs­ twentieth century accompanied by nearly record of the nominee suggests a rigid and life insurance, accidental death and dismem­ perpetual state of international tension, doctrinaire approach, ill-suited to the chal­ berment insurance, and disability retirement have put to a severe test the Constitutional lenge. It is well known, for example, that income plans, and so forth-that millions of system devised by the Framers. But the the nominee has consistently espoused a the Nation's workers have earned and rely on system has, not without painful struggle, rigid approach to interpretation of our anti­ presently, any of these many nonpension pro­ withstood the test, and in some respects it trust laws. The sole criterion for interpret­ grams can be wiped out through the course of has grown stronger. For example, in the ing the antitrust laws he would allow is an a corporate merger. Often such programs are decades since World War II, America de­ academic conception of efficiency that stroyed forever the curse of government­ amounts to "anything goes." For example, as important, if not more important, to the backed racial discrimination and strength­ his view of the mergers and takeovers that economic security and well-being of retirees ened the right to privacy, to free speech, violate the Clayton Act is so narrow that if as their basic pension plans which ERISA pro­ and to vote. Nevertheless, national consen­ it were the law, even with an enforcement tects. This bill will extend ERISA's merger pro­ sus on many public issues remains fragile, minded administration, little would stand in tection provisions to all employee benefit and many difficult challenges lie ahead. Can the way of the continuation of the present, plans, pension or otherwise. we move from a situation where government "anything goes" approach. In such an envi­ Hearings were held during the 98th Con­ does not discriminate to a society without ronment, financial manipulation is reward­ gress on this remedial legislation before the discrimination? Can we meet the current ed, communities are dismembered, plants global economic challenge? Can we emerge are closed, jobs are lost, and nothing is done Labor-Management Subcommittee of the Edu­ from a Constitutional crisis in the imple­ to regain our international economic posi­ cation and Labor Committee. In light of the at­ mentation of United States foreign policy tion. tention this subject has attracted recently, I and restore compliance with democratic Finally, in light of the fact that the am hopeful that this bill may be expeditiously processes and the rule of law? United States is currently in the midst of a considered by the House. Judge Bork's record leads to the discon­ Constitutional crisis regarding official com­ certing conclusion that he has opposed vir­ pliance with law in the implemention of for­ tually every aspect of the progress of the eign policy, it is impossible to ignore the BORK SHOULD BE REJECTED last generation. Equally troubling, the nominee's role in what came to be called the nominee's extreme views and rigid ideology "Saturday night massacre" during the Wa­ HON. JAMES J. FLORIO are ill-suited for the challenges that lie tergate scandal. The nominee was then the OF NEW JERSEY ahead. Solicitor General of the United States. At a crucial point in the civil rights strug­ When the Attorney General refused to IN THE HOUSE OF REPRESENTATIVES gle, the nominee opposed as "coercive" the follow the President's order to fire the Wa­ Tuesday, August 4, 1987 legislative effort to achieve decency and tergate special prosecutor, the nominee car­ simple justice by ending racial discrimina­ ried out the order, desl)ite Justice Depart­ Mr. FLORIO. Mr. Speaker, the President's tion in public accommodations. When public ment regulations. Two weeks later, he told nomination of Judge Robert H. Bork to a seat opinion passed him by, the nominee aban­ Congress that legislation to create a special on the U.S. Supreme Court is a grave mistake doned his position on public accommoda­ prosecutor independent of the President for our Nation. tions. In the ensuing years, however, he at­ could be unconstitutional. Such legislation I strongly believe that Judge Bork is a nomi­ tacked the Supreme Court's decisions for­ was enacted, but it is now being challenged nee whose extreme views threaten societal bidding discriminatory real estate contracts, by former officials who are under investiga­ and constitutional balance. I have researched striking down the poll tax, and allowing uni­ tion. Undoubtedly the Supreme Court will this and elaborated on my position at length in versities to consider race in admitting stu­ soon have to consider the status of the inde­ dents, if done for substantial public policy pendent counsel and other matters relating a letter to the chairman of the Senate Judici­ reasons. The last case is particularly in­ to official accountability. Simply stated, the ary Committee. structive. The decision in Regents of the record of the nominee, on this point alone, For the benefit of my colleagues, the text of University of California v. Bakke, 438 U.S. disqualifies him for a seat on the Court. that letter follows: 265 ( 1978), allowing affirmative action in Sometimes it is said that whatever else is CONGRESS OF THE UNITED STATES, university admissions, was written by Mr. revealed by the record of this nominee, he is HOUSE OF REPRESENTATIVES, Justice Powell, whose place on the Court at least an advocate of judicial restraint and Washington, DC, July 28, 1987. the nominee would fill if he is confirmed. of deference to legislative intent and the Hon. JosEPH R. BIDEN, JR., The nominee criticized Powell's opinion as intent of the Framers of the Constitution. I Chairman, Committee on the Judiciary, U.S. an "uneasy compromise." Actually Powell's am afraid that I am not persuaded that this Senate, Washington, DC approach was conservative. He struck down assertion is correct. In his extensive writings DEAR CHAIRMAN BIDEN: I write to express the admissions plan in issue and simply sug­ on antitrust, the nominee argues, in effect, my views on the nomination of Judge gested that a more flexible approach would that the courts should read into the Sher­ Robert H. Bork to the United States Su­ have been sustained. Widely recognized as a man Act a particular, modern, academic eco­ preme Court. I hope your Committee will conservative jurist, Powell nevertheless nom:ic theory, as the lode st ar for antitrust take these views into account in exercising demonstrated the difference between con- analysis. Bork, "The Rule of Reason and 22332 EXTENSIONS OF REMARKS August 4, 1987 the Per Se Concept," 74 Yale Law Journal and Constitutional balance and jeopardize oline tax increase in severe nonattainment 775, 839 (1965). In fact, the legislative histo­ the hard-won gains of two centuries. areas. ry of the antitrust laws is filled with con­ Sincerely, While the people of our Nation must have cern for the social and political conse­ JAMES J. FLORIO. clean air, there are various means of ap­ quences of concentrations of economic power, and this concern should be taken proaching this objective. But the people and into account in application of the law. Pi­ A TRIBUTE TO OUR LATE COL­ the economy of our country also require a tofsky, "The Political Content of Anti­ LEAGUE, WILLIAM S. MOOR­ sound transportation network. And I am con­ trust," 127 University of Pennsylvania Law HEAD vinced that such a transportation network is Review 1051 <1979>. dependent upon the existence of user fees As for deference to the intent of the that are used exclusively for transportation-re­ Framers of the Constitution, the nominee HON. GUS YATRON lated purposes. has written extensively about the intent OF PENNSYLVANIA I have suggested in recent weeks that high­ behind particular Constitutional provisions but has basically missed the point. Over a IN THE HOUSE OF REPRESENTATIVES way user fees should not be utilized as a generation ago, Felix Frankfurter observed Tuesday, August 4, 1987 mechanism for achieving the vital national that the broad clauses of the Constitution, goal of deficit reduction. I am equally persuad­ such as "due process" and "equal protec­ Mr. YATRON. Mr. Speaker, I rise today in ed that they should not be a tool in our clean tion" and doctrines like the separation of great sadness to pay tribute to our late col­ air campaign. powers, are vague. He said the ambiguity of league, former Congressman William S. Moor­ Mr. Speaker, we must have clean air. The these "is such that the Court is compelled head. Bill Moorhead's life was dedicated to obvious and simple truth is that we can't live to put meaning into the Constitution not to public service and to representing the people without it. And for this reason I urge our col­ take it out." Mr. Justice Holmes and the Su­ of the city of Pittsburgh in the U.S. House of preme Court (1938), page 7. For this reason, leagues to consider joining Congressman Representatives. WAXMAN as a cosponsor of H.R. 3054. But I the emphasis on deference to the Framers' Bill Moorhead ably served in the House for intent can be misleading. Part of their do so with the caveat that not every provision intent was that the great clauses of the 22 years. I was privileged to serve with Bill for in this important legislation is perfect. Indeed, Constitution would be adaptable to the much of this period. His hard work and com­ as H.R. 3054 runs the legislative gamut needs of the times. McCloskey, The Ameri­ mitment ensured the admiration and support toward enactment, I would hope that any lan­ can Supreme Court <1960), page 15. Too of his constitutents. In his long career, he was guage which could provide for a highway user often today, the claim of having found a active on a number of legislative fronts. His fee increase be dropped. specific intent in 1787 or 1867 is an uncon­ work on the Government Operations Commit­ vincing attempt to justify disregarding the tee and on the Banking, Finance and Urban precedents that prevail in 1987. Though Affairs Committee was especially important. purporting to reflect "restraint," the argu­ TRIBUTE TO MR. ANTHONY J. ment seeks to justify an exercise of power to Bill was best known for his fine work in enact­ GIAQUINTA overthrow precedent. Since dubious history ing the Privacy Act, providing Federal loan is used to make respectable an effort to put guarantees for the city of New York and the certain things into the Constitution, we are Chrysler Corp., and establishing the National HON. WALTER E. FAUNTROY returned to the need to scrutinize a nomi­ Endowment for the Arts and the Humanities. OF THE DISTRICT OF COLUMBIA nee's philosophy, while regarding skeptical­ In all of his endeavors, Bill represented the IN THE HOUSE OF REPRESENTATIVES ly assurances of restraint. citizens of the 14th District of Pennsylvania Judge Bork's views stand in stark contrast with the utmost dedication and sense of re­ Tuesday, August 4, 1987 to those of Justice Holmes. The nominee has attempted to nail antitrust law to a sponsibility. Mr. FAUNTROY. Mr. Speaker, I am privi­ rigid, academic doctrine of neo-laissez-faire, I feel honored to have known and served leged today to bring to the attention of my col­ yet can find only limited protection for indi­ with Bill Moorhead. He was a caring and com­ leagues an event on Thursday, August 6, vidual rights in the Constitution. Holmes passionate man and a tremendous political 1987, sponsored by the Shaw Community tended to be very deferential to legislatures leader and public servant. Mr. Speaker, I join Center Food Committee to honor Anthony J. on economic issues and less so when govern­ with my colleagues in extending deepest sym­ Giaquinta for his outstanding community serv­ ment action might impinge on fundamental pathy to Bill's wife, Lucy, and all members of ice in the District of Columbia. civil rights. Justice Holmes understood how his family. social arrangements are affected by time In recognizing the charitable contributions of and circumstances and how "fragile, in sci­ Mr. Giaquinta, who is the director of the Joint entific proof, is the ultimate validity of a Carpentry Apprenticeship Committee, we ac­ particular economic adjustment." (Frank­ CLEAN AIR ACT AMENDMENTS knowledge his many volunteer efforts and his furter, pages 50-51) Holmes attributed unselfish commitment to serving needy fami­ much more significance to the liberties of HON.GLENNM.ANDERSON lies in the Washington community. His active the individual, which are the foundation participation on the Shaw Community Food upon which our free society is based. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Committee has enabled this volunteer group It has been frequently noted that the cur­ to raise funds for thousands of area families in rent nominee, if appointed, would replace a Tuesday, August 4, 1987 swing vote on a delicately balanced Supreme celebration of the Thanksgiving holiday. In ad­ Court. Equally noteworthy, however, is the Mr. ANDERSON. Mr. Speaker, our col­ dition to his work with the Food Committee, fact that our Constitutional system, and league, Congressman WAXMAN last week in­ Mr. Giaquinta is currently serving as the presi­ even our society, as we grapple with the troduced H.R. 3054, to amend the Clean Air dent of the Carpenters' District Council, chair­ challenges of a revolutionary age, are deli­ Act. This legislation is the product of long and man of the board of the Carpenter's Health cately balanced. The present nomination diligent work, and clearly Congressman and Pension Fund, and a board member of comes at a time when Congress is investigat­ WAXMAN is owed our gratitude for his good ef­ the Wider Opportunity for Women Advisory ing an unprecedented challenge to the Con­ stitutional balance of powers in the imple­ forts on what is certainly one of the most criti­ Council. mentation of foreign policy. Serious ques­ cal problems facing our country. Anthony J. Giaquinta is a Washingtonian, tions are pending on whether care was On a bill so complex and so comprehensive who has remained involved in the city of his taken faithfully to execute the laws. In in nature, it is not likely that any two individ­ birth, both in a professional capacity and in these circumstances, the legitimacy of this uals would agree on every provision. And so it his civic duties. nomination to the Court is clouded and is with H.R. 3054. Though I have cosponsored Mr. Speaker, I believe Mr. Giaquinta exem­ both the nomination and the nominee this because, as indeed it will point the Nation plifies the volunteer spirit that has contributed should be reviewed with extra care. in the right direction in our struggle for clean so much to the making of the District of Co­ I respectfully submit that the Senate should not consent to an appointment to air and is on balance a fine piece of legisla­ lumbia, as a caring community, as a city, and the United States Supreme Court where the tion, there are provisions in the bill which trou­ as the Nation's Capital. I invite my colleagues legitimacy of the nomination is in doubt and ble me. Among these is the provision which to join me in saluting this American citizen for where the record reveals a nominee whose would authorize the Administrator of the Envi­ his dedicated service to worthy human needs extreme views threaten to upset the social ronmental Protection Agency to impose a gas- and for his devotion to his city. August#, 1987 EXTENSIONS OF REMARKS 22333 FAMILY PROTECTION ACT housing account proposal would have a maxi­ are concerned that unless we start trying to mum annual contribution of $2,000 per work­ make peace and get rid of these nuclear ing person-$4,000 per working couple. weapons, then there won't be a way to turn HON. WILLIAM 0. LIPINSKI back in the future. In other words, we know OF ILLINOIS Clearly the American dream of owning your own home is getting more difficult for young that there are already enough nuclear IN THE HOUSE OF REPRESENTATIVES weapons to destroy the earth several times families to achieve. The fact is that the pros­ Tuesday, August 4, 1987 over. We've seen the effects. on both nature pects for most young people today are not as and society, of radiation from atomic explo­ Mr. LIPINSKI. Mr. Speaker, I would like to bright as those their parents had at a compa­ sions as well as from nuclear reactor leaks. take this opportunity to make my colleagues rable period in their own lives. Therefore, we must avoid a nuclear war, aware of three pieces of legislation I recently The third phase of this family package, the begin to control the situation, and begin introduced with the goal of protecting, day care tax credit bill, will provide incentives working toward peace. strengthening, and aiding low- and middle­ to employers who establish on site day care Everyone in our youth group agrees our income American families. facilities for their employees. country should do whatever is needed to As we quickly move through the second Onsite day care provides the most promis­ prevent a total nuclear war. We feel there half of this decade it has become apparent could be no "winner," but only destruction ing solution available to many low-income and death. We are split, however, on the that a serious and harmful trend is taking families. Onsite care allows more direct con­ issue of limited use of nuclear arms. place across this Nation-the disintegration of tact between parent and child throughout the About half of our youth group believes the traditional family unit. The shapes and day and assists the parent in the return to the that any use of nuclear weapons is not only needs of the middle-class American family are work force. harmful to the people and the world envi­ changing. Yet, this Nation's leadership Too many families today are caught be­ ronment, but eliminates any real hope of projects an image of the family that no longer tween the rising cost of achieving traditional world peace. One reason for this is the squares with the facts-facts that point to family goals and stagnating family incomes. direct effects of radiation on the country at­ new pressures on the family budget. Nowhere The dream of providing one's family and chil­ tacked, as well as the indirect effects of ra­ are the new pressures on the family budget dren with decent child care, a college educa­ diation on the surrounding non-participat­ more evident than in their impact on home­ tion, and a good home is fading away. I feel ing countries. Another reason is that we would instill distrust and fear in the rest of ownership, postsecondary education and strongly that government must now step in to the world, if they see we actually are willing child-care arrangements. help the family help itself. to use nuclear weapons. Finally, we see the Clearly, based upon the nature of a techno­ If we are serious about strengthening the real possibility that any use would lead to logical society, no government can avoid family, we must get a clear picture of what the an all-out nuclear war that would destroy having policies that influence the family unit. family needs and how we might assist it. This the Earth. The key issue, however, is whether these poli­ legislation recognizes, understands, and deals The other half of our group believes we cies reach to the heart and soul of strength­ with the reality of change and will once again should leave open the option of limited use ening the American family. make the American family the vital core of our of nuclear weapons as a means of national There are two basic assumptions we must society. security. The fear of becoming a communist nation is the main reason for supporting follow in order to adequately address this AN OPEN LETTER TO THE LEAD­ limited use of nuclear weapons. Thus, we problem: The first being that the family struc­ ERS OF THE PEOPLE CON­ feel we must retain our nuclear weapons in ture has been the cornerstone for stability and CERNING THE ISSUES OF NU­ order to give us a defense to threats toward understanding in our society; and second, the CLEAR WEAPONS our nation. Government has the tools necessary to pre­ As Christian youth, however, we see how serve the structure. the threats involved in nuclear deterrence It is based upon these basic premises that HON. J. ROY ROWLAND cannot be supported. We see that by sup­ Senator DENNIS DECONCINI and I have intro­ OF GEORGIA porting nuclear deterrence, the United duced three bills that will assist the middle­ IN THE HOUSE OF REPRESENTATIVES States becomes the so-called "tough guy," rather than the peacemaker. income American family in the areas of educa­ Tuesday, August 4, 1987 After studying the proposed Star Wars tion, housing, and child-care. Mr. ROWLAND of Georgia. Mr. Speaker, in Defense Initiative, we are concerned with Two of the proposals would provide tax in­ early May of 1986, the Council of Bishops of the tremendous cost of this defense system centives to low- and middle-income families to the United Methodist Church adopted the final and the questionable effectiveness of it. purchase their first home and/or pay for their drafts of a pastoral letter and a foundation This money could better be used to support children's postsecondary education. document, both entitled "In Defense of Cre­ existing social programs and to develop new These two bills are based on the individual ation: the Nuclear Crisis and a Just Peace." programs to aid the hungry and homeless. retirement account [IRA] system and its It's time for the United States to take a We have attached a copy of the letter and positive step forward by dropping this pro­ income eligibility requirements. Couples filing foundation document to this, our response to a joint income tax return may take full deduc­ posed system and addressing the day-to-day the bishop's letter. Our youth ministry took needs of people. tions for the individual housing account [IHA] these documents and used them as a guide Among the proposals in the Bishop's and the educational savings account [ESA] if to study the issues ourselves. Letter, we strongly support a freeze in the their adjusted gross income does not exceed We listened to several speakers, studied production of all nuclear weapons. This $40,000. The amount of their deduction is gra­ various materials, had several audio-visual would include a ban on both offensive and dully phased out if income is over $40,000 presentations, and were involved in many defensive weapons in space and on Earth. until it reaches $50,000 at which point they intensive discussions involving the policies Next, the United States should re-affirm are ineligible. For a single parent or individual concerning nuclear weapons. We studied the ABM treaty of 1972 and ratify the filing a separate return the phaseout range is Christ's teachings and the concept of SALT II treaty. By working toward treaties $25,000 to $35,000. Shalom, both as Christians and as youth and agreements with the Soviet Union, we will lay the groundwork for more openness The ESA will provide parents with the op­ raised with the moral traditions of our nation. These sessions have helped us un­ and better relations with other nuclear and portunity to make maximum annual contribu­ derstand and reach our own conclusions non-nuclear countries as well. tions of $1,000 for their child's postsecondary about nuclear arms issues. We feel that an important first step education until he or she reaches the age of As Christian youth, we all agree that nu­ toward peace would be an agreement with 19. clear weapons affect more than one aspect the other nuclear countries prohibiting a Skyrocketing postsecondary education of our lives. After studying all the issues, we first use of any nuclear weapons. With the costs have priced many promising students believe this is more than just a question of possibility of a first use eliminated, we could out of the market. As the requirements of the war or peace with the Soviet Union. What­ and should move toward the ultimate dis­ workplace increase, we cannot allow the cost ever we do affects the whole planet and ev­ mantling of all nuclear weapons. eryone living on it. These are important issues that need to of education to become prohibitive to the In the midst of these arms issue, we as a be addressed now. They continue to grow American family. Christian nation have a responsibility to more complex every day. Our nation cannot The IHA, in turn, will help low- and middle­ protect all of God's Earth, not just our own accept this situation as unchangeable. We income families purchase their first home. The nation. We see the situation growing and must study the issues and consider all possi- 22334 EXTENSIONS OF REMARKS August 4, 1987 ble solutions. We must begin now to plan RESOLUTION 6:118-87 These flags proudly represent the freedom and move toward a lasting world peace. Whereas, the take-off and approach pat­ our Constitution protects, and these women terns of the aircraft utilizing the Philadel­ should be recognized for their efforts. These phia International Airport have created a women are: Anna Cavallucci, Grazia Panet­ COMMUNITIES CONFRONT noise problem in the Borough of Bellmawr; AIRPORT NOISE PROBLEM tiere, Grazia Marciano, Natalie Nardo, Mary and Nociforo, Sarah D. Simon, Rose T. Clavin, Whereas, this generation of larger and more powerful jet aircraft omits a higher Stella Crispno, Aida Figuerao, Maria C. Mar­ HON. JAMES J. FLORIO tins, Samye So, Christine Upchurch, Jose­ OF NEW JERSEY level of noise pollution; and Whereas, it appears that the aircraft de­ phine Spitalieri, Maria Negron, and Anna Fan­ IN THE HOUSE OF REPRESENTATIVES parture and landings have been at altitudes tazzi. The shop foreperson is Magnolia Young. Tuesday, August 4, 1987 that make this noise unbearable, especially The illustrator for the flags is Judy Mendes. Mr. FLORIO. Mr. Speaker, in the past few in the borough of Bellmawr that is predomi­ I commend each of these women for their nantly residential and where a large per­ weeks, I have brought to the attention of my efforts, in this the 200th anniversary of the centage of our population is comprised of United States Constitution. colleagues in Congress a problem that affects senior citizens: Now, therefore, be it hundreds of communities across the Nation. Resolved by the Mayor and Council of the The problem is that of airport noise. Borough of Bellmawr, County of Camden COAST GUARD: 197 YEARS OLD Although the problem can be treated with a and State of New Jersey that the continu­ TODAY number of effective solutions, the problem has ous communities in the County of Camden refused to go away. and their Governing Bodies be encouraged Since 1979, the Federal Government has to join together to protest the problem of HON. MARIO BIAGGI made available to airport authorities around noise pollution being generated by aircraft OF NEW YORK leaving and entering the Philadelphia Inter­ the Nation funds to perform studies of the air­ national Airport: Be it further IN THE HOUSE OF REPRESENTATIVES port noise problem and to improve the noise Resolved that a copy of this resolution be Tuesday, August 4, 1987 levels in affected neighborhoods. sent to all Mayors of surrounding communi­ The solution might involve rerouting traffic ties and Local, State and Federal represent­ Mr. BIAGGI. Mr. Speaker, I want to con­ to lessen the impact of noise on the neighbor­ atives. gratulate the U.S. Coast Guard, which today is hoods, installing better soundproofing, chang­ JOSEPH N. PETRUZZI, celebrating its 197th birthday. Since the early ing the flight schedules of airplanes and oper­ Mayor. days of our Nation, the Coast Guard has had ating hours of airports, among others. The foregoing resolution was duly adopt­ a proud tradition of service to the public. Its Yet despite the ready availability of Federal ed by the Mayor and Council of the Bor­ responsibilities impact upon each of us. I often ough of Bellmawr at a meeting held on June funding for these projects, only 100 airports wonder whether we truly appreciate its value 25, 1987 in the Municipal Building, Bell­ to the health, safety, and security of our have participated in the studies. mawr, NJ, beginning at 8:00p.m. The problem of airport noise has only in­ MARGARET WELSH, Nation. I say this because it seems that every creased. In attempts to reduce flight delays Borough Clerk. year there is an attempt to reduce the finan­ and improve air traffic safety, the Federal cial resources essential for the Coast Guard Aviation Administration implemented its ex­ to carry out its responsibilities. panded east coast plan in the Northeast corri­ MODERN DAY BETSY ROSSES The Coast Guard is cost effective. It is a dor earlier this year. Under that plan, neigh­ bargain. It benefits all of us. Its mission capa­ borhoods that were previously unaffected by HON. THOMAS M. FOGLIETTA bilities run the gamut for aids to navigation to the noise, wake up in the early morning to the OF PENNSYLVANIA boating to vesSE!I traffic systems and zeppe­ disturbing rattle of an airplane overhead. IN THE HOUSE OF REPRESENTATIVES lins. Concerned by the noise pollution affecting Since 1790 when cre­ residents of my own district, I recently asked Tuesday, August 4, 1987 ated the Revenu13 Marine to guard our coasts, the authorities at Philadelphia International Mr. FOGLIETTA. Mr. Speaker, I would like prevent smuggling, and raise revenues for our Airport to conduct studies of the airport noise to take this time to recognize 15 highly-skilled fledgling Nation, the Coast Guard has operat­ problem in the surrounding neighborhoods. women working in my district to whom I like to ed with a willingness to serve the best inter­ In that time, the authorities have agreed to refer as the Betsy Rosses of modern times. ests of our NatiCin. Its "can do" spirit is well cooperate in a limited study and the results They are all Federal Government employees known to all of us. Its motto, "Semper Para­ are coming in. The airport noise problem is af­ working in the flag-making room at the De­ tus" ("Always Ready"), appropriately de­ fecting those neighorhoods to a tremendous fense Personnel Support Center in south scribes the Coast Guard. degree. Philadelphia. Today, the Coast Guard continues to strug­ At the same time, the noise problem contin­ It was more than 200 years ago that Betsy gle to obtain the funds necessary to carry out ues unabated from airports in Newark, NJ, Ross used her skills to create the first Ameri­ its day-to-day missions, and for an acquisition and in New York. can flag at her home in Philadelphia, and and construction program to guard against de­ The problem is so serious for our communi­ today, these 15 women with backgrounds terioration of its physical assets. How much ties that the communities themselves are from all over the world are working together to longer can we exploit the cost effectiveness taking an active role in increasing pressure on create three more historic flags to commemo­ of this proud and valiant organization? In airports to address the problem. rate the 200th anniversary of the U.S. Consti­ 1981, the Committee on Merchant Marine and On June 25, Mayor Joseph N. Petruzzi of tution. The flags are called We The People. Fisheries issued an oversight report, entitled the Borough of Bellmawr, NJ, and the bor­ Although most of these women .were born "Semi-Paratus: The United States Coast ough council adopted a resolution protesting outside the continental United States in Guard, 1981." The committee found "that the airport noise problem. places like Korea, Italy, and Portugal, they are Coast Guard resources are not currently suffi­ Their resolution is a model for other com­ all now American citizens working together to cient in quality or quantity to cope with the va­ munities across the Nation affected by exces­ hand embroider these beautiful patriotic flags. riety of responsibilities placed upon the sive airport noise. Each of the flags takes more than 240 agency by law." The methods and the funds to improve the hours of embroidering with red, white, blue, The Coast Guard is a multimission agency, problem of airport noise do exist. I urge my and gold thread to complete. The flags are whose chief responsibilities are maritime colleagues in Congress to address this press­ being made at the request of the Commission safety, military madiness, and law enforce­ ing problem for our communities and constitu­ on the Bicentennial of the United States Con­ ment. ents. stitution, which is headed by former Supreme Maritime safety includes one of the oldest I am including below the resolution as Court Chief Justice Warren Burger. One of the missions of the Coast Guard-maintenance, passed by the Borough of Bellmawr, NJ. That flags will be presented to President Reagan, repair, and operation of a system of short­ resolution can serve as a model for other another will be placed in the Smithsonian In­ range aids to navigation necessary for the communities in dealing with the noise pollution stitution and the third will be used in bicenten­ safe navigation of our waters. There are over problem. nial ceremonies in Philadelphia. 47,000 such aids--including large navigational August 4, 1987 EXTENSIONS OF REMARKS 22335 lighthouses, small- and medium-sized buoys, Maritime safety includes port safety and se­ with the seizure of 1, 405 vessels and the 34 light stations, and a system of radio navi­ curity. The Coast Guard's objective is to safe­ arrest of 6,907 individuals. gation aids to navigation to assist both air and guard our Nation's ports, waterways, water­ On the Coast Guard's birthday, it is incum­ marine traffic. In addition to providing 200 front facilities, vessels, and personnel from bent upon us to ta.ke a moment and reflect radio beacons in U.S. waters, the Coast Guard accidental or intentional damage, disruption, upon the impact this service organization has operates a 42-station, long-range navigation destruction, or injury. The service also safe­ upon all our lives. I am pleased to have this [loran] system and an 8-station Omega guards our ports from external threats of sab­ opportunity to wish the entire Coast Guard system. In accomplishing this mission, the otage and espionage. In peacetime, its princi­ family best wishes on this 197th birthday. Coast Guard uses 49 large buoy tenders, 29 pal functions involve monitoring oil and haz­ smaller tenders, 64 aids to navigation teams, ardous cargo transfers, preventing spills and CONSTITUTIONAL CONVENTION 18 bases, and 2 depots. It publishes the accidents, and inspecting waterfront facilities. Coast Guard Light List, Rules of the Road, There are 47 Captain of the Port Offices along HON. RON PACKARD and local and weekly notices to mariners. The our four coasts and inland waters. The Cap­ Coast Guard also operates vessel traffic sys­ tains of the Port inspect more than 4,000 wa­ OF CI\LIFORNIA tems in the Houston/Galveston, New Orleans, terfront facilities and examine a multitude of IN THE HOUSE OF REPRESENTATIVES vessels calling on our ports. San Francisco, Puget Sound, Prince William Tuesday, August 4, 1987 Sound, and New York areas. Maritime safety includes search and rescue Maritime safety includes recreational boat­ activities. This activity is probably most typical Mr. PACKARD. Mr. Speaker, on August 6, of the Coast Guard's multimission concept in ing safety. The objective is to reduce loss of 1787 the Convention reconvened after a 10 that is also encompasses the other two major life, personal injury, and property damage in day recess. The committee of detail had com­ missions, law enforcement and military readi­ the use of over 16 million recreational boats pleted the first draft of our United States Con­ ness. Vessels and aircraft engaged in search by more than 50 million boaters. Education is stitution. Copies were distributed to each of and rescue play integral parts in military readi­ the members and at that time the Convention the primary objective; however, the program ness and are also equipped for fisheries, oil includes inspection and jurisdiction over man­ pollution, and drug law enforcement activities. was adjourned to allot time for each delegate ufacturers of boats and their associated equip­ This multimission concept permits the flexibil­ to study the report. The first draft consisted of ment. To assist the Coast Guard in promoting ity to use vessels and aircraft to detect and a preamble and 23 articles. Of the 23 articles, recreational boating safety, the Congress es­ chart iceberg movements as part of the two were introductions, seven dealt with Con­ tablished the Coast Guard Auxiliary-a group annual International Ice Patrol. During 1985, gress and its powers, one covered the execu­ of 32,000 experienced boaters who volunteer the Coast Guard responded to 70,062 distress tive, one the judiciary, three provided for inter­ their time, boats, and equipment. calls, saved 6,303 lives, and assisted 136,341 state comity, and seven covered such miscel­ Maritime safety also includes the preserva­ people in distress. The dollar value in property laneous topics as the admission of new tion of the public right of navigation by assur­ saved and in property assisted superseded States. ing that 18,000 bridges are constructed, main­ the service's 1985 budget authority of $2.6 bil­ Much debate along with many changes tained, and operated to promote safe naviga­ lion by a half billion dollars. were to follow the original draft, however, the tion. The Coast Guard is the smallest of the five main concepts behind the document could still Maritime safety includes the development armed services of the United States, but its be recognized if compared with the final work. and enforcement of standards for the safe military readiness responsibilities are very Parts were agreed on with little difficulty design, construction, maintenance, and oper­ large and complex. As a matter of fact, Coast whereas others ended in heated debates. ation of commercial vessels and offshore fa­ Guard forces have been assigned the respon­ Changes made by the committee were often cilities. In addition to approving designs, su­ sibility for the coastal defense of the United questioned by many of the delegates. The pervising vessel construction, and subsequent States out to 200 nautical miles through the operations, it assures the competence of per­ most important change made by the commit­ establishment of Maritime Defense Zones tee was regarding the amount of authority sonnel through examination and licensing pro­ [MDZ's] in 1984. given Congress. With the revised report Con­ gram. In any one year, this involves the in­ Military readiness includes maintenance of gress could no longer do things such as de­ spection or examination of more than 40,000 radio stations, air stations, shore stations, U.S.-flag vessels and nearly 4,000 foreign-flag shipyards, vessels, boats, aircraft, and engi­ clare war, coin money or regulate foreign and vessels, the conduct of about 13,000 mer­ neering, repair, and support activities. Since domestic commerce. Restrictions on the vari­ chant marine investigations, and in excess of 1790, readiness, preparedness, and training ous branches were added so that they could 70,000 transactions involving seamen's docu­ have been essential to the Coast Guard's not have absolute freedom to do as they ments and licenses. multimission capabilities. Throughout our his­ pleased. Since the 1972 enactment of the Federal tory, the Coast Guard has been an effective With the Iran/Contra hearings, we are ques­ Water Pollution Control Act, maritime safety and ready Armed Force. tioning certain sections of our Constitution just has been expanded to include environmental Last, but certainly not least, is the Coast as our forefathers did. For example, did public safety in recognition of the fact that, while ac­ Guard's third major mission-law enforce­ officials go beyond the boundries of our Con­ cidents can be reduced, they can never be ment. This mission includes enforcement of stitution? This is a question that will be debat­ eliminate. The United States has, therefore, various laws or treaties on the high seas and ed for years. I think sums it developed a national oil and hazardous sub­ waters subject to the jurisdiction of the United up most appropriately when he said, "some stance spill response system that relies heavi­ States. Today's emphasis is on the interdic­ men look at constitutions with sanctimonious ly on the Coast Guard. Its goals are to mini­ tion of drug smuggling and illegal migrants. A reverence, and deem them like the ark of the mize pollution damage while also trying to few years ago, the emphasis was on the en­ covenant, too sacred to be touched * * * I reduce the threat of potential pollution in our forcement of fisheries laws and regulations am certainly not an advocate for frequent and coastal areas and within our inland river and within our 200-nautical-mile exclusive econom­ untried changes in laws and Great Lakes systems. To do this, the Coast ic zone. constitutions * * * but I know also, that laws Guard maintains three strike teams that are As of July 1986, the Coast Guard, in the en­ and institutions must go hand in hand with the highly trained in pollution response, maintains forcement of our fisheries laws, has boarded progress of the human mind * * * we might a large pollution response inventory, and pro­ 15,684 foreign and domestic vessels, issued as well require a man to wear still the coat vides a centralized reporting point for spills of 2,825 citations, seized 76 foreign and 4 do­ which fitted him when a boy, as civilized soci­ oil or hazardous substances. This involves re­ mestic fishing vessels, and assessed approxi­ sponding, on an annual basis, to more than mately $25 million for various violations under ety to remain ever under the regimen of their 12,000 oil and hazardous substance spills; the Magnuson Fisheries Conservation and barbarous ancestors.'' 11 ,000 cargo transfer operations; 300 major Management Act. Coast Guard operations oil pollution removal operations; and thou­ alone have led to the confiscation of 35 mil­ sands of vessel, barge, and waterfront inspec­ lion pounds of narcotics and dangerous drugs, tions. 2,000 cases involving maritime smuggling, 22336 EXTENSIONS OF REMARKS August 4-, 1987 RAOUL WALLENBERG HAS MODEL CONGRESS CHARTERS I commend the EIRC, its Associate Director PROVEN THAT ONE PERSON PATH PROMOTING INTEREST Dr. Theodore J. Gourley, and the Model Con­ CAN MAKE A DIFFERENCE IN GOVERNMENT gress in New Jersey and urge the sponsors to keep the program alive, making Government HON. JAMES J. FLORIO attainable for all. HON. DEAN A. GALLO OF NEW JERSEY OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES THE CENTENNIAL OF THE IN THE HOUSE OF REPRESENTATIVES Tuesday, August 4, 1987 BIRTH OF MARCUS MOSIAH Tuesday, August 4, 1987 Mr. FLORIO. Mr. Speaker, for many years GARVEY Mr. GALLO. Mr. Speaker, today is the 75th now, the Educational Information and Re­ birthday of a man who has proven for all time source Center in Sewell, NJ has been spon­ HON. CHARLES B. RANGEL soring a "Model Congress" for middle, junior, that one person can make a difference. OF NEW YORK and senior high schools throughout the State In honor of Raoul Wallenberg's birthday, the IN THE HOUSE OF REPRESENTATIVES of New Jersey. Through this Model Congress, Tuesday, August 4, 1987 people of Morris County, NJ, have taken EIRC has promoted a renewed interest in the action to find an appropriate site for a perma­ way the Government operates and has helped Mr. RANGEL. Mr. Speaker, it is remarkable, nent reminder of Mr. Wallenberg's life and his to restore confidence in the legislative proc­ and altogether fitting and appropriate, that this one-man stand against the tyranny of nazism. ess. month we celebrate both the 25th anniversary This action will honor the man, his Swedish Originally sponsored by the Institute for Po­ of the independence of Jamaica and the cen­ heritage, and his unselfish dedication to jus­ litical and Legal Education, the Educational In­ tennial of the birth of Marcus Mosiah Garvey, tice and humanity. formation and Resource Center has served a its first declared national hero. I believe we The courageous actions of Raoul Wallen­ vital need in our society for the past 18 years have much cause to rejoice in this fortuitous berg during the Nazi purges of the Jewish through the Model Congress by promoting an conjunction to remember and reflect what pre­ people saved the lives of tens of thousands of awareness among our children of how the ceded the 25 years of Jamaican independ­ people. Acting at great risk to his own life, Mr. Government works. ence and understanding that the long, hard Wallenberg used every method at his disposal The Model Congress is patterned after the struggle for independence were blessed by as a diplomat representing the neutral Swed­ actual branches of Government of the United . the presence and work of Marcus Garvey. ish Government to prevent the Nazis from de­ States, including the rules and procedures of I am proud to be the sponsor of House porting as many as 100,000 people from oc­ the Congress of the United States. Elected by Concurrent Resolution 84, a bill to exonerate cupied Hungary to the death camps. their peers, students from grades 7 to 12 par­ Marcus Garvey of the unjust conviction he It is appropriate that the 75th birthday of ticipate in a model legislature to tackle issues suffered as a result of the politically motivated this brave man be celebrated through the ef­ that we in the Congress of the United States persecution by the U.S. Government aimed at must also deal with. forts by Mount Olive Mayor Charles Johnson, him because of fear of his growing influence The Model Congress Program allows stu­ with the black masses. I am pleased that on Randolph Councilwoman Kayla Bergeron, and dents to study the Constitution, and the Fed­ Tuesday, July 28, our colleague JOHN CON· other local and county officials to find an ap­ eral Government's three branches-the legis­ YERS chaired a hearing before the Subcom­ propriate site for this honor, with the support lative, the executive, and the judicial mittee on Criminal Justice on my legislation. and cooperation of the Jewish Anti-Defama­ branches-in depth and hands on. I was thrilled to have the opportunity to tes­ tion League and the Jewish War Veterans. Through the Model Congress, students in tify on behalf of my bill and to have been As a supporter of this action, who also has my State of New Jersey have a forum in joined by the sons of Marcus Garvey, Julius called on the Soviet Government in the which to meet and discuss vital issues among and Marcus Garvey, Jr. Mr. CONYERS, and the strongest possible terms to open their records themselves and with State and National Gov­ members of his subcommittee also heard on Mr. Wallenberg, I believe he would be ernment officials. from Ambassador Keith Johnson of Jamaica, pleased to know that his courageous actions Currently, several dozen schools in New and a distinguished panel of historians who on behalf of peace-loving people everywhere Jersey are participating in the Model Congress presented clear and compelling evidence in are remembered 40 years after he disap­ with several hundred students getting a first­ support of the exoneration of Marcus Garvey. peared into the Soviet gulag. hand grasp of how the Government works Also present and participating in the hearing The great irony of Mr. Wallenberg's life is each year. was my good friend, former Ambassador from that he is best remembered for singlehandedly The EIRC provides instructional background Jamaica, the Honorable Alfred A. Rattray. Mr. freeing a people from bondage, only to be and materials for the students and their teach­ Rattray now serves as a member of the Exec­ sentenced to the same fate by a Soviet Gov­ ers to use. By working with the participating utive and a Shadow Minister for Investment ernment under Stalin that proved no more schools, the Model Congress combines an ex­ and Foreign Trade of the People's National sympathetic to human rights than the Nazis tracurricular activity with the academic pro­ Party, which last formed the Government of were. gram of the schools, adding to the students' Jamaica from 1972 to 1980. The Soviet Government owes a 40-year understanding of the way Government works. Freddie Rattray's stirring testimony support­ debt to freedom-loving people everywhere This forum is a way for these students to ing my legislation and commemorating the life who have waited for word of Mr. Wallenberg's get firsthand experience as to the operation of and legacy of Marcus Garvey is a wonderful fate. the Congress. For some, it is the budding start expression of the love that the Jamacian of a congressional career or public service. people have for their national hero. Regard­ This action is appropriate for another, For others, it is an insight into Government less of their political persuasion, the Jamaican equally important reason. I am very disturbed that can be shared with their peers back at people appreciate Marcus Garvey for his con­ by the fact that a growing number of young school. tribution to their independence. people do not know who Raoul Wallenberg is. For all, it is a way of getting inside the Gov­ Today, Marcus Garve~y·s liberating message Long after we all are gone, his story should ernment and bringing the democratic ideals of is as alive as ever, and as we join our Jamai­ be told so that his example will continue to the Nation closer to all. can friends in celebrating the 25th anniversary remind future generations that one person can For many congressional offices, the Model of Jamaicans independence as a nation, let change the course of history for thousands of Congress offers an opportunity to participate us recognize that independence is not simply others, if he or she has the courage to try. in the education of children in our district's an historical event, achieved once and settled schools. Individual offices can work with forever. It is a continuing process, a struggle schools in their districts, playing an active role for each generation to define how it will meet in how the Congress works. That Capitol per­ the challenge of the day. On August 17, 1987, spective is an invaluable part of helping stu­ in every part of the world reached by the dias­ dents understand how the American system pora-Jamaica, United States, Europe, Asia, of democracy works in practice. and Africa-millions will remember the mes- August 4, 1987 EXTENSIONS OF REMARKS 22337 sage and work of Marcus Mosiah Garvey. His the conquest and subjugation of the human with us and others throughout the Ameri­ message of liberation is alive, uniting us in spirit was at least as important and as effec­ cas, the Caribbean, and Africa a common tive a strategy of enslavement, as the con­ pride in this great man. purpose and binding us together. quest and subjugation of the human body. May his life and work, his struggles, his I am pleased to join this important celebra­ The establishment and perpetuation of sacrifices and his triumphs and the realiza­ tion of the centennial of Marcus Garvey's birth the political, social, economic and psycho­ tion of what he means to millions in our two and to inform my colleagues of his rightful logical bondage of the Negro race, and countries and throughout the world, place in history through inserting the testimo­ indeed of all oppressed peoples, were facili­ become and continue forever as a source of ny of Ambassador Alfred Rattray in the tated and indeed secured by the false notion mutual respect, mutual understanding and RECORD. of their inherent inferiority. This notion friendship. The testimony follows: was invariably implanted into their minds The people of Jamaica and I believe the by their oppressors-be they slave masters, STATEMENT BY HON. ALFRED A. RATTRAY vast majority of the people of the United colonial masters, or other breeds of exploit­ States share the view that the charges Mr. Chairman, Honorable Members of the ers. brought by the Federal Government against Committee, I am Alfred A. Rattray. I thank So carefully and relentlessly cultivated Marcus Garvey were unsubstantiated and you for the opportunity to present this throughout the ages has been this notion of the conviction was unjustified and unwar­ statement to you on this very important the inherent and inescapable inferiority of matter. I am a former Ambassador of Jamai­ ranted. The People's National Party of Ja­ the oppressed, that it emerged as perhaps maica, on whose behalf I testify today, un­ ca to the United States and a former Am­ the greatest stumbling block to his libera­ bassador /Permanent Representative of Ja­ equivocally supports House Concurrent Res­ tion. olution 84 as introduced by Representative maica to the Organization of American The abiding greatness of Marcus Garvey, States. I am a Member of the Executive and Charles Rangel and sincerely hopes that in and that which assures for him his place in this the Centennial Year of Marcus Gar­ a Shadow Minister for Investment and For­ the history of mankind, is not only that he eign Trade of the People's National Party, vey's birth the Congress of the United clearly perceived all this, but also that he States will adopt this resolution. which last formed the Government of Ja­ embarked upon a process which showed the maica from 1972 to 1980. I am also Chair­ way for the liberation of the enslaved spirit man of the North American Committee of of oppressed people everywhere-in Jamaica the People's National Party of Jamaica. and the Caribbean; in the Americas; in RAOUL W ALL:E~NBERG'S 75TH Marcus Mosiah Garvey is one of a select BIRTHDAY few who have had a profound effect upon Africa-everywhere. It was this liberation of world history and human affairs during the the beseiged spirit of the Negro race and of 20th century. other oppressed peoples throughout the HON. JOHN EDWARD PORTER Most of the territories of the Americas world that was the focus of Garvey's strate­ and the West Indies suffered conquest by gies and endeavours. He knew that once the OF ILLINOIS external powers, and over time there arose human spirit is liberated the human being IN THE HOUSE OF REPRESENTATIVES liberators who freed individual territories or can reach out and firmly grasp and guide groups of territories from colonialism, or his own destiny. By the power of his ideas Tuesday, August 4, 1987 and his philosophies and by example, from foreign occupation. Marcus Garvey Mr. PORTER. Mr. Speaker, under the lead­ came along and ushered in a new concept of Garvey aroused in the mighty Negro race an liberation. He viewed a world demeaned by appreciation of their true value, of their in­ ership of my distinguished colleague Mr. TOM the scourge of colonialism-that system herent worth, of their inherent equality. LANTOS, the Congressional Human Rights whose very purpose is the enforced exploita­ and their potential to achieve. A profound Caucus sponsored a rally on the steps of the tion of whole races and classes of people by believer and practitioner of democracy he Capitol yesterday to honor one of this cen­ others more powerful than themselves. He summoned the Negro race to unity of pur­ tury's greatest heroes·-Raoul Wallenberg. In saw everywhere in the Americas and in pose and clarity of vision and set them on the road in pursuit of their political, eco­ celebrating Wallenberg's 75th birthday, promi­ Africa, the denial of reasonable economic, nent speakers recognized how much one social and educational opportunities for the nomical, and social emancipation. Thus vast majority of people. He observed the en­ Garvey and the organizations he created person can do for his fellow man, and how trenched systems which deliberately and and promoted waged war on ignorance and one man can make a difference. systematically debased and at times even on inferiority syndromes, and in their place, Throughout history, many are known for sought to exterminate or enslave whole sowed and nourished to maturity human their ruthlessness, but very few are remem­ races, minority groups and disadvantaged dignity, self respect and self esteem. bered for their compassion. Wallenberg is one persons. His teachings, which had a profound such man. Hundreds of thousands of individ­ There seemed no end to this global op­ impact upon Black and other oppressed pression of one race by another, of the weak people everywhere, helped to spawn that uals owe their life to him. Survivors remember and powerless by the strong and the power­ new breed of 20th century liberators and set that the name Raoul Wallenberg was their ful. The victims seemed powerless to throw in motion in Africa, in the Caribbean and in only key to freedom. off the shackles which so effectively imped­ North America that irresistable tidal wave On October 5, 1981, President Reagan ed their economic, cultural, social and politi­ which swept away colonial empires and pro­ granted honorary citizenship to Wallenberg. cal mobility. The plight of the Negro race duced the massive gains of civil rights for so Only two other persons, General Lafayette and of other oppressed peoples everywhere long denied to our people. and Winston Churchill, have received this rec­ seemed hopeless. Such giants of history as Mahatma ognition. Under the leadership of Congress­ And then, the 20th century produced Gahndi, Namdi Azikiwe, Kwame Nkrumah, Marcus Garvey. He led and helped to spawn George Padmore, and Dr. Martin Luther man LOWERY, Senator LEVIN, and others, we a new breed of liberators who developed King, Jr., some of the 20th century heroes have renamed one of Washington's streets in new strategies and employed new tech­ of Asia, of Africa, of America, and of the his honor. Actions like these are the result of niques to wage war against the seemingly Caribbean with numerous others from these tireless work by Annette and TOM LANTOS, impregnable fortresses of human selfish­ areas, were deeply influenced and inspired Rachel Haspel and the Raoul Wallenberg ness, abuse, exploitation, callousness, and by Garvey in the pursuit and fulfillment of Committee of the United States. They have cynicism. their own great deeds. made Wallenberg's tragedy reknown. Tracing through the pages of history the Garvey's main gift to humanity was spirit­ methods and techniques used along the way ual and his influence upon humanity will The Soviets are well aware of our concern to secure and perpetuate the bondage of op­ continue to increase with time. for Mr. Wallenberg, but have resisted all re­ pressed peoples, Garvey noted that the Marcus Mosiah Garvey is National Hero quests to satisfactorily account for his where­ Negro race, and by extension all oppressed of Jamaica and his life and work are a uni­ abouts. Since the Soviets took Wallenberg people, were the victims of man's inhuman­ fying influence in that great young nation. into protective custody in 1945, their sparce ity to man. They were victims of that brutal He has been acclaimed Hero of the Ameri­ statements have been marked by inconsisten­ inhuman urge which produced the twin sys­ cas and his bust adorns the Hall of Heroes cies and secrecy. Their inaction is immoral. tems of slavery and of colonialism, and of the Americas at the O.A.S. in this great Why does the Soviet Government persist in which even today is dominant wherever one city. His great and untiring efforts which nation or class of people for whatever reached out t o the world were wrought punishing Raoul Wallenberg? motive seek to dominate another. mainly in the small proud great nation of The Soviets first claimed they knew nothing Observing his people in Jamaica, in the Jamaica and in our mighty proud great of Mr. Wallenberg's condition. Then they Americas and in Africa, and learning from neighbour and friend the United States of claimed he died in a Moscow prison in 1947. the lessons of history, Garvey noted that America. Thousands of your people share However, well-documented evidence insists 22338 EXTENSIONS OF REMARKS August .4, 1987 he was alive at least through the 1970's and I became aware of this regulation only The violation of the human rights of those may be alive today. within the past month, after being informed of freedom-loving people occurs on a daily basis. Stalin's injustice against Wallenberg is a dis­ the plight of a constituent, Nancy L. Brady. Czech Government officials make free use of grace. But if Gorbachev really believes in glas­ Nancy has not only courageously battled various forms of repmssion including house nost, then the chances of discovering Wallen­ cancer for over 2 years but she's also been searches, detentions, and interrogations. Gov­ berg's whereabouts are improved. Let Gorba­ forced to contend with the Federal bureaucra­ ernment security officials conduct intrusive chev's openness policy uncover the case of cy for relief-a frustrating task, at best, when surveillance and other forms of psychological Raoul Wallenberg. one is healthy. That's why I have introduced pressure on anyone who "steps out of line." Over 200 people signed a petition to Secre­ H.R. 2902, a private bill which would allow Opponents of the current regime face discrim­ tary Gorbachev demanding the immediate re­ Nancy to receive transferred annual leave ination in employment and may have educa­ lease of Wallenberg and all information con­ from her coworkers. tional opportunities denied to their family cerning his incarceration. By signing this peti­ Passage of this legislation will help Nancy members. Religious activists and groups tion, concerned citizens are making sure that with her problems. But the problem won't which monitor human rights abuses in that this matter will not fade away. Free people ev­ really end here because this is not an isolated country are particularly subjected to heavy re­ erywhere demand to know what has hap­ incident: There are literally hundreds of Feder­ pression. pened to one of our greatest heroes. al employees that are faced with situations Over the years, the Czech Communist Mr. Speaker, I commend my colleagues similar to Nancy's. They could all· benefit from regime has purged the party, the state, the TOM LANTOS, STENY HOYER, BILL GREEN, such a program. But what has been the Fed­ economy, the arts, the universities, and the ROBERT DORNAN, JOHN MILLER, BILL LOWERY, eral response? media of anyone who dares to speak critically FRANK WOLF, BEN GILMAN, and Senator CARL The Office of Personnel Management is or independently about politics. LEVIN for participating in this important cele­ conducting a feasibility study toward universal In order to prevent their own citizens from bration. When Wallenberg was asked to go to implementation of such a plan. Hundreds of escaping from the police state, Czechoslovak Budapest as a representative of the American affected workers applied. Three were chosen border guards have killed a number of Czechs War Refugee Board, he said: "If I can save to participate. Three. and others from various Eastern European one life, I will go." He did that a hundred thou­ Now, it will be at least 6 months until the countries attempting to escape across the sand times over. We must follow this example conclusions of OPM's study are known. But border to Western Germany. and bring Wallenberg home. I've spoken with OPM and they've told me Gorbachev should take this opportunity to that their program is virtually running itself. Mr. fulfill the promises of glasnost. If glasnost is Speaker, we can already determine what con­ more than words, now is the time to show the H.R. 2902, FOR THE RELIEF OF clusions OPM will reach-the evidence and world. This is the time for the Soviet leader to NANCY L. BRADY employee support for the program is already withdraw Soviet forces from Czechoslovakia overwhelmingly in favor of universal applica­ and let the Czech people experience the new HON. SHERWOOD L. BOEHLERT tion. "openness" of the Gorbachev era. Actions, OF NEW YORK So I'm here today to urge my colleagues to not mere promises, will give Mr. Gorbachev IN THE HOUSE OF REPRESENTATIVES join me in cosponsorship of H.R. 2487, Con­ the credibility that he is seeking. gressman WOLF's legislation that would allow Tuesday, August 4, 1987 OPM to universally apply the leave-sharing Mr. BOEHLERT. Mr. Speaker, today I wish program. There are too many people out there HONORING THE MEMORY OF to bring to the attention of my colleagues an suffering needlessly. The problem is apparent WALTER HAWRYLAK admirable example of compassionate volun­ and the solution won't cost the Government a teerism in the Federal workplace. single penny. But it would be priceless to HON. LOUISE M. SLAUGHTER A Federal employee from my district has Nancy L. Brady and those Federal workers OF NEW YORK who are being denied access to the relief this been kept away from her job by a long-term IN THE HOUSE OF REPRESENTATIVES illness. In the process, she has used up all of program would offer. her accumulated sick and annual leave. How­ Tuesday, August 4, 1987 ever, her coworkers, sympathetic to her situa­ THE TRAGEDY OF THE INVA­ Ms. SLAUGHTER of New York. Mr. Speak­ tion, have come to her aid and volunteered to SION OF CZECHOSLOVAKIA IS er, I rise today to ask my colleagues to join donate part of their own annual leave to hers. STILL WITH US me in honoring the memory of Walter Hawry­ Their assistance will give her the reassurance lak. Mr. Hawrylak, a resident of Irondequoit, of knowing she'll have both the time to heal NY, was a supreme advisor of the Ukrainian and the constant income needed to pay for HON. WM. S. BROOMFIELD National Association [UNA] and a leader in that healing. OF MICHIGAN the Ukrainian community of Rochester, NY%, Now that's a heartwarming story, isn't it? IN THE HOUSE OF REPRESENTATIVES for over 30 years. On July 25, 1987, Walter But there's a catch. Under current law, this Tuesday, August 4, 1987 Hawrylak died at the age of 74. yarn will remain a mere fairy tale. Our Govern­ Mr. BROOMFIELD. Mr. Speaker, 19 years Mr. Hawrylak emigrat,3d to the United States ment prohibits the commonly used and com­ ago, Soviet troops marched into Czechoslova­ from Rohatyn, Ukraine, in 1939. After arriving monsense business practice of allowing em­ kia and snuffed out that country's experiment in Rochester, NY, he taught himself English ployees to transfer their annual leave between with liberalization. Since that brutal invasion, by using a dictionary. In recalling his first each other during emergency personal situa­ Czechoslovakia has been kept under the glimpse of America, Mr. Hawrylak once said tions. thumb of the Soviet Union. If Mr. Gorbachev "We went past the Statue of Liberty * * *. I This is the rule-regardless of the fact that is the great reformer that he claims to be, now had read about it, knew that it stood for liber­ the cost of employee annual leave is already is the time for him to withdraw Soviet troops ty. It was so big, everything was so big, so budgeted into an agencies' appropriations for from that country and allow that closed socie­ new, so impressive." the year. And allowing Federal coworkers to ty to breathe the fresh air of freedom. When his new homeland called on him to transfer their annual leave between each We all remember that tragic day in 1968 fight in the U.S. Army during World War II, Mr. other for such justifiable and extraordinary sit­ when thousands of Soviet and Warsaw Pact Hawrylak was quick to serve. He fought in uations is budget neutral. Companies that troops invaded Czechoslovakia. The Kremlin Italy with the 88th Division "Blue Devils" have incorporated such plans into their leave leaders could not accept the flame of democ­ where he was wounded by mortar fire. After 2 policies have had no problem in finding em­ racy that had begun to burn among the months' recovery, Mr. Hawrylak returned to ployees willing to donate a portion of their Czechoslovak people. Since then, over 80,000 the front line to fight for his new country. leave. They've even reported that the program heavily armed Soviet troops have been sta­ Once out of the Armed Services, he worked has fostered a renewed spirit of teamwork tioned in that country. The Soviet Army, the for the postal service for 22 years before retir­ and cooperation in their offices, leading to in­ Czechoslovak Army, and a powerful internal ing in 1977. creased amounts and quality of office produc­ security force maintain almost total control True to the spirit of the American melting tion. over the Czech people. pot, Mr. Hawrylak actively kept his Ukrainian August 4, 1987 EXTENSIONS OF REMARKS 22339 roots alive throughout his lifetime. He was panion decisions, the Supreme Court held, in Circuit, albeit told with little sympathy for the manager and treasurer of the Rochester the context of a political corruption prosecu­ prosecution, is related in H. Messick, The Poli­ Ukrainian Federal Credit Union, an organiza­ tion in Kentucky, that the phrase "any scheme tics of Prosecution (1978). Essential to the tion he helped establish in the 1950's. The or artifice to defraud" within the Mail Fraud "intangible rights" doctrine has been the Ukrainian Civic Center, the Rochester District Statute, 18 U.S.C. 1341 (1982), did not in­ notion that it is not necessary to show that of the New York State Credit Union League, clude a "scheme or artifice to defraud" that the public or other body "lost" something in a and other local commmunity organizations did not seek to obtain "money or property" narrow financial sense; it is sufficient to show prospered under Mr. Hawrylak's leadership. that belonged to the state government. As a "loss . . . of . . . good faith services" by Mr. Hawrylak was also secretary of the UNA such, it rejected under the Mail Fraud Statute the fiduciary. Silvana, 81:2 F.2d at 760. Branch 316 for 31 years, was an 18-time the so-called intangible rights doctrine, most The rejection by the Supreme Court of the member of the UNA Champions Club, and often employed in politicial corruption pros­ "intangible rights" doctrine under the Mail was elected a UNA supreme advisor in 1982 ecutions, which had been almost universally Fraud Statute is a crippling blow to the ability and reelected in 1986. During the years of his followed in the circuit courts of appeal. See, of Federal law to curtail political corruption in fraternal activity, Mr. Hawrylak is credited with e.g., United States, v. Silvana, 812 F.2d 754, the United States, particularly at the State and having enrolled a total of 600 UNA members. 759 (1st Cir. 1987); United States, v. Von local level. Among the recent prosecutions The death of Walter Hawrylak is a deeply Barta, 635 F.2d 999, 1005-06 (2nd Cir. 1980), that may be adversely affected by these deci­ felt loss to Ukrainian Americans across the cert. denied, 450 U.S. 998 (1981); United sions are the convictions in New York of Stan­ country. His loving leadership and guidance States, v. Mandel, 602 F.2d 653 (4th Cir. ley M. Friedman, the former Bronx Democratic will be especially missed by the Rochester 1979) (en bane), cert. denied, 445 U.S 961 leader, Joseph M. Margiotta, the former community. It is fitting, Mr. Speaker, that we (1980); United States, v. Keane, 522, F.2d 534 Nassau Courts Republican leader, Jack E. join today in honoring Mr. Hawrylak's extraor­ (7th Cir. 1975), cert. denied, 424 U.S. 976 Bronston, a former New York State Senator, dinary contributions to our community. May we (1976); United States, v. States, 488 F.2d 761 , and Jay C. Turoff, a former chairman of the also extend our condolences to the Hawrylak 766 (8th Cir. 1973), cert. denied, 417 U.S. 909 New York Taxi and Limousine Commission. I family. (1974). This salutary doctrine was premised cite only a few examples. In fact, the list is upon an underlying theory, reflecting the char­ long, and it extends to all areas of the Nation. acter of modern society, that a public official Accordingly, Congress must act now to re­ FRAUD AMENDMENTS ACT OF acts as "trustee for the citizens and the 1987 verse, at least for the future, the deleterious States and thus owes [to them] the normal fi­ impact of these two most unfortunate deci­ duciary duties of a trustee, e.g., honesty and sions. HON. JOHN CONYERS, JR. loyalty ...." Mandel, 591 F.2d at 1363. OF MICHIGAN Indeed, in Mandel, a prosecution of the former IN THE HOUSE OF REPRESENTATIVES governor of Maryland for "selling" racing days Mr. Speaker, the 1970's and 1980's wit­ nessed an unprecedented series of public cor­ Tuesday, August 4, 198 7 for horse tracks to his hidden partners, the Fourth Circuit confidently asserted: ruption investigations ancl prosecutions by the Mr. CONYERS. Mr. Speaker, I introduce "[Tlhere can be no real contention that Federal Government. A President left office in today the Fraud Amendments Act of 1987. ... schemes to defraud a state and its citi­ disgrace; a Vice-President was convicted of The proposed legislation is designed to zens of intangible rights, e.g., honest and abuse of position; a Supmme Court Justice re­ strengthen our Federal laws dealing with faithful government, may not fall within signed under a cloud of suspicion; Cabinet of­ fraud, particularly the insidious fact of the the purview of the mail fraud statute." Id. ficers, Senators, Congressmen, Federal abuse of political power. at 1362. judges, Governors and Lieutenant Governors, I For the tragic story of the corruption of State judge, assorted mayors, State legisla­ On June 24, 1987, the United States Su­ Mandel and his ignominious fall from grace, tors, sheriffs and police officials were all in­ preme Court decided Charles J. McNally v. see W Manchester, Thimble Riggers (1984); dicted and convicted by a reinvigorated Feder­ United States, No. 86-234 and James E. Gray the similar story of Otto Kerner, the former al law enforcement presE!nce. The basic data v. United States, No. 86-286. In these com- governor of llinois and judge of the Seventh are staggering. See the 1987 Almanac at 802:

FEDERAL PROSECUTIONS OF PUBLIC CORRUPTION: 1975 TO 1984 [Prosecution of persons who have corrupted public office in violation of Federal Criminal Statutes as of Dec. 31 , 1984]

Prosecution status 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975

Total 1 Indicted ...... 936 1,073 729 878 721 687 5tt7 507 563 255 Convicted ...... ··············· ···· ·· ···· ...... 934 972 671 730 552 555 4(19 440 380 179 Awaiting trial ...... 269 222 186 231 213 187 2(15 210 199 27 Federal officials: Indicted .. ···· ··· ·············· ····································· 408 460 158 198 123 128 1~3 129 lll 53 Convicted ...... 429 424 147 !59 131 115 Sl 94 101 43 Awaiting trial ...... 77 58 38 23 16 21 42 32 I 5 State officials: Indicted ...... 58 81 49 87 72 58 :5 50 59 36 Convicted ...... 52 65 43 66 51 32 :6 38 35 l8 Awaiting trial ...... 21 26 18 36 28 30 20 33 30 5 Local officials: Indicted .... ······························· ...... 203 270 257 244 247 212 171 !57 194 139 Convicted ...... 196 226 232 211 168 156 127 164 100 94

Awaiting trial ...... """" ...... 74 61 58 102 82 67 72 62 98 15

1 Includes individuals who are neither public officials nor employees, but who were involved with public officials or emploxees in violating the law, now shown separately. NOTE.-represents zero. Source: U.S. Department of Justice, Federal Prosecutions of Corrupt Public Officials 1970-1980, and Report to Congress on the Activities and Operations of the Public lntegnty Section annual.

The scope of these prosecutions calls to mind Ill in McNally and Gray, the statute had always the sad commentary of Livy, the Roman histo­ The Mail Fraud Statute, the prototype of the been read broadly to refle1ct its expansive lan­ rian, "Roman was originally, when poor and group, dates back to 1872. Act of June 8, guage and to implement its remedial purpose. small, a unique example of austere virtue; 1872, ch. 335, sections 149 and 301, 17 Stat. See, e.g., United States v. Maze, 414 U.S. then it corrupted, it rotted, it slowly absorbed 302 and 323. It was originally aimed at the 395, 399 n.4 (197 4) (Re1hnquist, J.) ("While vices." T. Livy, "History of Rome" i (1854). A "operation of lottery gamblers through the obviously not directed at eredit card frauds as mainstay of this federal effort is-or was-a postal service." Note, Intangible Rights Doc­ such [its language] is sufificiently general . . . crucial group of federal fraud statutes. See, trine and Political Corruption Prosecutions to include them if the requirements of the stat­ e.g. §§ 371 (conspiracy to defraud the United under the Federal Mail Fraud Statute, 47 U. ute are otherwise met"). Since its initial con­ States), 1341 (mail fraud), 1343 (wire fraud), Chi. L. Rev. 562, 567 (19809). The statute, struction by the Supreme Court at the turn of 2314 (travel fraud). however, was drafted in general, not specific, the century, it had not, moreover, been limit­ language. Until the Supreme Court's decisions ed-for good reason-to common law fraud. 22340 EXTENSIONS OF REMARKS August 4, 1987 Durland v. United States, 161 U.S. 306, 313- theory under the Federal security laws and al, State, and local level. I, for one, have ap­ 14 (1896) (not limited to statements of rule 1Ob-5, which was adopted by the Securi­ plauded the FBI's efforts since the death of its present fact). In contrast, common law fraud ties and Exchange Commission to implement former director to turn away from chasing kids had had a sharply stunted development as section 1Ob of the Security Exchange Act of who steal cars and focus on adults who part of the growth in a society dominated by a 1934, 15 U.S.C. § 78j. Rudolph W. Giuliani, the commit white-collar crimes. If the Department philosophy of lassez faire and caveat emptor U.S. attorney in Manhattan, sadly observed of of Justice was wide of the mark in its legal of the law of larceny, which was aimed, at McNally and Gray. "A theory of prosecution is theory in these prosecutions, voices would first, "to prevent breaches of the peace rather no longer available to us. On insider trading have been heard in this body calling it to task. than * * * protecting property from wrongful cases, we're going to have to allege and We have not only been silent; we have sup­ appropriation." W. LaFave and A. Scott, prove specific loss of money [, which will be ported the Department of Justice's prosecu­ "Criminal Law" 702 (2nd ed 1986). Justice difficult]." N.Y. Times, June 29, 1987, at 24, tive policies, at least in this area of the law. Stephen summed up the early common law col. 1 . The misappropriation theory was at the There is little in the area of civil rights that I attitude well, "[A]gainst open violence people heart of a number of Guiliani's pending insider can say anything charitable about. But I ap­ ought to be protected by law, but ... they trading investigations on Wall Street. Current plaud its prosecutions in white-collar crime could protect themselves against breach of law, reflected in such important prosecutions area, including political corruption and insider trust by not trusting people." "A History of the as United States v. Newman, 664 F. 2d 12 (2d trading. Criminal Law of England" 124 (1883). As late Cir. 1981), cert denied, 464 U.S. 863 (1983), I conclude here by associating myself with as 1761, Lord Mansfield, in fact, dismissed an must be safeguarded, at least for the future. another pointed coment of Justice Stevens. I, indictment for fraud, castigating instead the As such, we must act legislatively to remedy too, cannot understand why a majority of the plaintiff for his own carelessness in the market McNally and Gray, not only under the Mail Supreme Court reached ClUt for this particular place. II W. Russell, "A Treature on Crimes Fraud Statute, but elsewhere. See, e.g., 7 result in this particular prosecution. Justice and Misdemeanors" 522 (1877). The defects U.S.C. § 60; 15 U.S.C. §§ 77q; 78jjj; BOb-6; Stevens observed: in common law of larceny, which did not, as 1703; 18 §§ 1341, 1343, 1344, 2314. u.s.c. "[T]he Court has made a serious mistake. such, reach fraud, had to be remedied by stat­ Appropriate change, if necessary, ought to be [Because it may be mitigated does] not ute. Parliament acted in 1757, and it prohibit­ made, too, by the various administrative agen­ erase my lingering questions about why a ed obtaining property by false pretenses. 30 cies under the regulations entrusted to their Court that has not been particularly recep­ Geo. Ill c. 24 (1757). Nevertheless, as befit­ care. tive to the rights of criminal defendants in ting the 18th century, the central, although not v recent years has acted so dramatically to exclusive, focus of the law of fraud was on Fortunately, the Supreme Court has not told protect the elite class of powerful individ­ the protection of tangible property. Largely ig­ us that we cannot write a statute embodying uals who will benefit from this decision." nored were intangible rights or broader con­ the "intangible rights" doctrine. As it cut the Justices Stevens and O'Connor were lonely ceptions of breaches of trust, which are far theory out of "scheme or artifice to defraud" voices, who could only vote against the more significance to a modern society. When within the Mail Fraud Statute, it expressly rec­ Court's determined majority. We can-and the Supreme Court, however, decided Durland ognized that it was fully applicable to the com­ should-vote to reverse these unwise deci- in 1896, it farsightedly freed the development parable language in 18 U.S.C. § 371 (1982) sions. of the Federal law of fraud from this property­ ("defraud"). See, e.g., Haas v. Henkel, 216 IV based and crabbed common law history. See, U.S. 462, 479 (1910). Justice White merely Mr. Speaker, the impact of white collar e.g., United States v. Goldblatt, 813 F. 2d 619, suggested for the majority of the Court that if crime, particularly political corruption, on our 624 (3rd Cir. 1987) ("term 'scheme to defraud' Congress wanted to go further under the Mail society cannot be understated. It is not limited . . . is not capable of precise definition fraud Fraud Statute than the limited common law either to economic dama!~e. as the court ap­ . . . is measured . . . by . . . departure from protection of property "it must speak more parently believed. It is not just the loss of fundamental honesty, moral uprightness, or clearly than it has." money or property, which is important, al­ fair play and candid dealing ...."); United I, for one, do not believe that the original though that figure may be as high as $200 bil­ States v. Bonansinga, 773 F. 2d 166, 173 (7th text of the Mail Fraud Statute was ambiguous. lion. "Annual Report of U.S. Attorney Gener­ Cir. 1985) ("Congress has decided not to I agree with Justices Stevens and O'Connor, al" 42 (1985). Writing in 1967, the President's define . . . [it] because the range of potential who suggested, in dissent, that the phrase Crime Commission observea: schemes is as broad as the criminal imagina­ "scheme or artifice to defraud" in context was [WJhite-collar crime-now commonly used tion"), cert. denied, 106 S. Ct. 2281 (1986); broad, but not ambiguous. I also agree with to designate those occupational crimes com­ Weiss v. United States, 122 F. 2d 675, 681 them that the phrase originally had no "tangi­ mitted in the course of their work by per­ (5th Cir.) ("The law does not define fraud; it ble rights" limitation built into it. I do not be­ sons of high status and social repute ... needs no definition; it is as old as falsehood lieve, in short, that "tangible loss" is of the [is] only rarely dealt with through the full and as versable as human ingenuity"), cert. essence of fraud. Such a rule might write, for force of criminal sanctions. denied, 311 U.S. 687 (1941 ). As such, the example, into Federal law the so-called • • • • Mail Fraud Statute became the "first line of "Agnew defense." Former Vice President During the last few centuries economic defense" of the Federal law against modern Spiro T. Agnew defended his conduct in 1972 life has become vastly more complex. Indi­ forms of fraudulent activity. United States v. by saying that no crime had been committed, vidual families or group of families are not Maze, 414 U.S. at 405 (Burger, C.J. in dis­ since he had not altered his public conduct in self-sufficient; they rely for the basic neces­ sent). The Supreme Court's decisions in response to the money he took, so no one sities of life on thousands or even millions McNally and Gray, therefore, turn back the of different people, each with a specialized was 'injured." R. Cohen & Witcove, "A Heart­ function, many of whom live hundreds of Federal law of fraud to an unwisely narrow beat Away" 349 (1974) ("I deny that the pay­ thousands of miles away. conception of the proper scope of the inter­ ments in any way influenced my official ac­ ests to be protected, which is wholly inad­ tions.") Agnew was eventually sued under a • • • • • quate to a 20th century society. Serious erosion of morals accompanies constructive trust, accounting, and breach of [the white-collar offender's] violation. IV fiduciary duty theory; the suit was successful. [Those who sol flout the law set an example Mr. Speaker, the McNally and Gray deci­ Agnew v. State, 51 Md. App. 614, 466 A2d for other businesses and influence individ­ sions potentially threaten, not only to undercut 425 (1982). I see no reason to give corrupt uals, particularly young people, to commit mail fraud prosecutions, but also to affect public officials an "Agnew defense" under the other kinds of crime on the ground that ev­ other similarly worded statutes or administra­ Federal fraud statutes. erybody is taking what he can get. tive regulations in the Federal law. They por­ I add another consideration. Congress itself "The Challenge of Crime in a Free Society," tend ill, for example for a decision that will be is not unaware of the developments of legal 47-48 (1967). It is no good telling people, as handed down next term, United States v. Car­ doctrine. The Judiciary Committee, which au­ the common law did, to avoid breaches of penter, 791 F. 2d 1024, 1034-35 (2d Cir.), thorizes funds for the Department of Justice, trust by not trusting others. That common law cert. granted, 107 S. Ct. 666 (1986). Carpen­ is now-and has been-fully aware-and sup­ attitude is fundamentally flawed. Today, each ter deals with the breach of fiduciary relations portive-of the Department of Justices' efforts of us depends on government officials, insur­ concept in the context of the misappropriation to prosecute political corruption at the Feder- ance companies, bankers, stock brokers, law- August#, 1987 EXTENSIONS OF REMARKS 22341 yers and accountants to provide us faithful SEC. 3. CONSTITUTIONAL BASIS. ations tend to act in ways that undermine service in our everyday lives. Modern society This Act is enacted on the basis of the fol­ good economic performance and harm the lowing Articles of the Constitution of the American economy by, for example, reducing is held together by bonds of trust. The law United States: technological innovation; incurring large debt; must recognize, too, that wealth today is no (1) Article I, section 1 to incur large debt in order to finance sections at the beginning of chapter 1 of perience and immediate and sharp decline in profitability. the merger, resulting in- title 1, United States Code, is amended by (i) a loss in competitiveness because of the adding at the end the following: Studies indicate that corporate giantism and costs associated with the debt; and "7. 'Fraud' or 'defraud' as including fraud gargatuan acquisitions tend to create bloated, or assets of ant Attorney General or the Federal Trade within two years after the acquisition, and another person which had, in the calendar Commission to issue a certificate shall be on what, if any, binding commitments the ac­ year preceding such acquisition, assets or the proponents of the acquisition. quiring person has filed with the Assistant gross sales exceeding $1,000,000,000 in value "(d) The Assistant Attorney General or Attorney General or the Federal Trade unless the acquiring person receives, before the Federal Trade Commission shall issue a Commission regarding retraining, reloca­ such acquisition, a certificate issued under certificate if the proponents of the acquisi­ tion, and severance allowances for employ­ section 7B with respect to such acquisi­ tion involved establish that- ees of the person to be acquired; tion.". "(1) such acquisition will not substantially "<11> the probable impact in terms of the lessen competition; operation or restructuring of the person to SEC. 4. NOTIFICATION REQUIREMENT. "(2) on balance, the acquisition will create Section 7A(d)(l) of the Clayton Act <15 be acquired, of any debt the acquiring long-range efficiencies in the product or service and geo­ person must necessarily obtain, to finance ing a list identifying each community in graphical markets in which the person to be which the person to be acquired employs the acquisition; acquired competes; "(12) whether the acquiring person has 500 or more individuals and a list identify­ "<3> on balance, the acquisition will be of ing each certified representative of 1,000 or filed with the Assistant Attorney General or long-range benefit to United States consum­ the Federal Trade Commission a binding more employees of the person to be ac­ ers of the products or services which the quired". commitment not to sell, directly or indirect­ person to be acquired sells or provides; ly, to the person to be acquired any shares SEC. 5. ISSUANCE OF CERTIFICATE. "(4) on balance, either- of, or interest it may own or have the right The Clayton Act (15 U.S.C. 12 et seq.) is " the acquisition will benefit employees to acquire in, the person to be acquired; amended by inserting after section 7A the of the person to be acquired; or "(13) the performance during such 10-year following: " reasonable provisions have been period of the person to be acquired in posi­ "SEc. 7B. The Assistant Attorney Gen­ made for their welfare consistent with tioning itself for long-term growth in its eral or the Federal Trade Commission shall, achieving the efficiencies described in para­ markets, as opposed to maximizing short­ not later than five business days after re­ graph <2> and the benefits described in para­ term profits or cash-flow, and, in general, ceiving a completed notification required graph (3); and efficiencies of the management of the under section 7A or a request for the is­ "(5) on balance and after consideration of person to be acquired; suance of a certificate under this section, benefits, if any, to other communities, the "(14) any other factor reasonably related determine whether a certificate is required impact on interested community parties is to either the findings made by the Congress by section 7 to be issued before the occur­ not unreasonably detrimental and is consist­ in section 2 of the Merger Limitation Act of rence of the acquisition with respect to ent with achieving the efficiencies described 1987 or any issue specified in paragraph <1>. which such notification or such request is in paragraph (2), the benefits described in <2>. (3), (4), or (5) of subsection (d); and received. The determination shall specify paragraph <3>, and the benefits described in the identity of the acquiring person and of paragraph (4). "<15> any other factors prescribed by rule the person whose stock (or other share cap­ "(e) In making the determinations re­ by the Attorney General or the Federal ital> or assets are to be acquired. quired by subsection the Assistant Attor­ Trade Commission. "(b) Not later than two business days ney General or the Federal Trade Commis­ "(f) The Assistant Attorney General or after making an affirmative determination sion shall consider- the Federal Trade Commission shall issue, under subsection . the Assistant Attorney "(1) whether the proposed acquisition and· transmit to the President, an order General or the Federal Trade Commission would be detrimental to the national de­ granting or denying a certificate within shall publish the same to all interested par­ fense; ninety business days after making the deter­ ties. The Assistant Attorney General or the "(2) whether such acquisition would inhib­ mination under subsection . The order Federal Trade Commission shall also pub­ it technological innovation; shall make a finding on each of the issues lish to all interested parties a list of commu­ "(3) whether such acquisition would bene­ specified in paragraphs (1) through (5) of nities in which 500 or more employees of fit foreign competition; subsection (d) which shall summarize the any person to be acquired are employed "(4) the nature and extent of the impact evaluation of whatever evidence has been certified representatives of 1,000 or more ties; through <15) of subsection . stating how employees of the party to be acquired and indicating whether such party is a propo­ person, and the person to be acquired, any injured shareholder, partner, or partici­ nent or opponent of the acquisition. No in­ within such 10-year period; pating member of any person to be acquired terested community or representative party "(8) the performance of the person to be shall have a private right of action for which does not so file such a declaration acquired within such 10-year period in the breach of a commitment filed under subsec­ may participate in any proceeding with re­ United States markets for its goods and tion <12>. for compensatory damages and, spect to such acquisition under this section services when compared with other persons if successful, costs (including a reasonable except for good cause shown. competing in those markets; attorney's fee). Reasonable punitive dam­ "(2) A community or certified representa­ "(9) the reasonableness of the salaries of, ages may be awarded upon proof of a willful tive may also participate, after filing a dec­ terms and conditions of, and agreements ap­ breach thereof. laration, if it establishes that it is an inter­ plicable to the officers and directors of the "(i) After a hearing on the record, the At­ ested party but that the affirmative deter­ person to be acquired, and a comparison torney General and the Federal Trade Com­ mination was not published to it. thereof with norms in the United States, mission shall issue jointly rules necessary or "<3> Ten business days after the affirma­ generally, and with those of other persons appropriate to effectively administer this tive determination is made, the Assistant competing in the United States markets of section. Attorney General or the Federal Trade the person to be acquired; "(j) For purposes of this section and sec­ Commission shall publish to all interested "(10) whether the acquiring person has tion 7A- parties the schedule of the proceedings for filed with the Assistant Attorney General or "(1) the term 'business day' means a day determining whether a certificate is re­ the Federal Trade Commission a binding other than Saturday, Sunday, or a Federal quired to be issued under this section. commitment to treat all pension benefits of legal holiday; August 4, 1987 EXTENSIONS OF REMARKS 22343 "(2) the term 'certified' means designated TRIBUTE TO JAMES PACHECO Recently the Soviet authorities once again or selected for collective bargaining, as de­ denied him the right to emigrate because of scribed in section 9 of the National Labor HON. ROBERT GARCIA his knowledge of these "secrets" of the Relations Act: 1950's. "(3) the term 'interested parties' includes OF NEW YORK all acquiring persons, all persons to be ac­ IN THE HOUSE OF REPRESENTATIVES Another eminent scientist who applied to emigrate was Dr. Alexander Lerner. After his quired, all interested community parties, Tuesday, August 4, 198 7 and all interested representative parties: first application to emigrate over 16 years ago, and Mr. GARCIA. Mr. Speaker, I rise today in Dr. Lerner lost his position and was never "(4) the term 'person to be acquired' praise of a constituent of mine, James Pa­ again allowed access to any sensitive informa­ means the person whose stock or assets are to be acquired.". Mr. Pacheco nearly lost his life while trying to he cannot leave the country. SEC. 6. EFFECTIVE DATE; ISSUANCE OF RULES. prevent a woman from being assaulted by five Lev Blitshteyn has also been told he cannot (a) EFFECTIVE DATE.-The amendments young men. emigrate because he possesses state secrets. made by this Act shall take effect 180 days As Mr. Pacheco was waiting at the 160th He has never been a scientist. Before he was after the date of the enactment of this Act. Street subway station late one night in June of fired for trying to emigrate, he was a butcher. this year, he noticed a group of five young (b) ISSUANCE OF RULES.-Not later than 90 There are many other Soviet Jews who have boys approach a woman sitting next to him, days after the date of the enactment of this been denied emigration for having secrets, but Act, the Attorney General and the Federal asking for her money. Mr. Pacheco rose to whose secrets are outdated or who never Trade Commission shall publish jointly in defend her from the aggressors and a physi­ the Federal Register proposed rules to carry cal altercation ensued. He was thrown to the worked in any sensitive position at all. out the amendments made by this Act. floor and shot once below his right shoulder. Mr. Speaker, I call upon Mr. Gorbachev to Mr. Pacheco managed to get into the train see that his bureaucracy carries out his own and inform the conductor about the incident. policy of placing a time limit on the denial of WILLIAM J. KOZERSKI The police were notified and Mr. Pacheco was emigration for having secrets. He should also HONORED BY LIONS CLUB transported to the hospital, where the bullet, see that this reason is no longer used to keep located only a few inches away from his heart, butchers, elementary school teachers, and HON. PAUL E. KANJORSKI was extracted. others with no state secrets from emigrating. Th~ city of New York has had the reputa­ The Soviet Union gains nothing by such cruel OF PENNSYLVANIA tion of being, not only a dangerous city, but and aribtrary violations of human rights. IN THE HOUSE OF REPRESENTATIVES also one in which its citizens have become Tuesday, August 4, 1987 frivolous and apathetic to the situation in the streets. I rebuke this false generalization by NATIONAL DAY OF Mr. KANJORSKI. Mr. Speaker, I rise today applauding Mr. Pacheco, and the few like him, REMEMBRANCE to pay tribute to an outstanding citizen, Mr. that not only have respect for human life, but William J. Kozerski, who is being honored by most importantly will come to the aid of their HON. MAJOR R. OWENS district 14-W of the Lions International Club neighbor regardless of the dangers that might for his dedicated leadership as district gover­ be present. Mr. Pacheco, I admire and praise OF NEW YORK nor and his many years of service to the your kindness and most of all, your concern IN THE HOUSE OF REPRESENTATIVES for others. Lions. Tuesday, August 4, 1987 Born and raised in Plains Township, PA, Bill Mr. OWENS of New York. Mr. Speaker, Kozerski attended public schools in Plains and SOVIETS USE EXCUSE OF SE­ graduated with a degree in business adminis­ rise in strong support of House Joint Resolu­ CRECY TO DENY RIGHT OF tion 132 to designate a National Day of Re­ tration from King's College. He married an­ EMIGRATION other Plains native, Shirley Logan, and togeth­ membrance for the victims of the Armenian er they have six children. HON. JAMES McCLURE CLARKE genocide of 1915-23 because it is only in the Mr. Kozerski has been a dedicated member act of remembering that the frail, frightened OF NORTH CAROLINA of the Plains Lions Club, having served as screams of the past can be heard and heeded . president, first, second, and third vice presi­ IN THE HOUSE OF REPRESENTATIVES in the present. dent, treasurer and tailtwister. He has re­ Tuesday, Angust 4, 1987 Heed them we must. Throughout the history of mankind, the silence and indifference of hu­ ceived two International Presidents' Certifi­ Mr. CLARKE. Mr. Speaker, one of the pre­ manity to the persecution and slaughter of mi­ cates of Appreciation, as well as several texts used by the Soviet bureaucracy to deny nority peoples has always spawned the repli­ awards from district governors. Active for 11 human rights to Soviet citizens is the allega­ cation of new atrocities elsewhere. And so years on the district cabinet, Mr. Kozerski has tion that an individual possesses state se­ tragically it was with the Armenian genocide. been a member of the Lionews staff where he crets. Soviet authorities often used this Noting the ease with which the Ottoman was advertising manager and coeditor. excuse to try to justify the exile of Dr. Andrei Empire was able to defy world opinion as it In addition to his devotion to the Lions Club, Sakharov to the closed city of Gorky. snuffed out the lives of millions of Armenians, Bil( Kozerski is active in many other civic orga­ The alleged knowledge of state secrets has also been used repeatedly to deny several Adolph Hitler was emboldened in his psychot­ nizations in the Plains area. He has served as ic belief that no nation would act to prevent president of the Hilldale Community Center, dozen people the right to emigrate. In 1985 General Secretary Gorbachev said publicly the annihilation of millions of Jews. Unmen­ chairman of the Plains Blood Bank Executive tioned, unnoted, and unprotested, the massa­ Committee, president of the St. Francis Holy that access to secrets should not keep anyone from emigrating for more than 5 to 10 cre of Cilicia, the pogroms of the Teshkileti Name Society, and is a member of the Plains Mahsusa, and the bloody edict of deportation American Legion. years after the end of sensitive employment. Yet his subordinates continue to hold back helped inspire the master race madmen of the Mr. Speaker, it is citizens like William J. Ko­ people whose "secrets" are 10, 20, even 30 Third Reich to commit the most horrible crime zerski, giving selflessly of their time and years old, or who never really knew any se­ in human history. energy to their communities, who make this crets at all. Is it a coincidence that many of The corpses of millions of Armenians lie on Nation great. I am pleased to draw the atten­ these people happen to be vocal advocates the steps of civilization. They cannot be re­ tion of my colleagues in the House of Repre­ of the right of Soviet Jews to emigrate? moved; they will not disappear. The crime sentatives to the dedicated public service of Prof. Naum Meiman, who tragically lost his cannot be undone and the only meaningful William Kozerski, and I join his fellow mem­ wife to cancer a few weeks ago, was an early reparations which we today can pay is simply bers of the Lions International Club in honor­ associate of Dr. Sakharov in the Helsinki Mon­ to remember and act to ensure that such car­ ing him. itor group in Moscow. Professor Meiman did nage is never repeated. Vote to pass House theoretical work in physics over 30 years ago. Joint Resolution 132. 22344 EXTENSIONS OF REMARKS August .4, 1987 THE HERSHEY FOODS CORP. IS ing the clear will of the people of a small expenses for our senior citizens-the im­ TO BE COMMENDED peace-loving island in Micronesia to determine mense costs of long-term unskilled nursing for themselves how they wish to live their home and home health care. The cost of this HON. GEORGE W. GEKAS lives. care is what the elderly rightfully fear the OF PENNSYLVANIA The people of Palau adopted by a 92 per­ most, and I am afraid a great many of them IN THE HOUSE OF REPRESENTATIVES cent majority a constitution which bans the think that the bill we have passed, and the storage, testing, and disposal of nuclear mate­ Tuesday, August 4, 1987 higher tax they will be paying, will safeguard rials within their territory without the approval them from these devastating long-term care Mr. GEKAS. Mr. Speaker, most people as­ of 75 percent of the votes cast in a referen­ costs that they see as most threatening, when sociate the name Hershey with those delicious dum. The people of Palau have time and this legislation does not even begin to cover candy bars made by the Hershey Foods Corp. again reaffirmed their desire to live without nu­ these costs. in Hershey, PA. But the Hershey Foods Corp. clear weapons and waste in their environ­ Second, in addition to the fact that the bill is also known nationally for its support of, and ment. Yet over and over they are asked to does not provide true catastrophic coverage, I contributions to, the youth of our Nation. vote to approve a compact of free association am concerned that far too few Medicare re­ August 15, 1987, will mark the 10th anniver­ which does not comply with these important cipients will benefit from the $1 0 billion annu­ sary of Hershey's National Track and Field aspects of their constitution. ally that they will be taxed. For example, one Youth Program. The program was, and still is, As chairman of the House Armed Services of the principal benefits provided in the bill is a playground program designed to introduce Subcommittee on Installations and Facilities, expanded coverage of hospitalization costs, children to physical fitness through basic track the implications and importance of the forward but fewer than one-half of 1 percent of all and field events. Children are instilled with the positioning of American military ships and Medicare recipients will actually use this extra attitude that having fun is more important than Forces is not unknown to this gentleman. But winning. what is also known, and firmly believed by this benefit. Similarly, fewer than 10 percent of Hershey's Youth Program is open to boys gentleman, is that the importance of the Pa­ Medicare beneficiaries will be helped by the and girls, ages 9 to 14, across the Nation. Ap­ lauans' declaration of their desire to live with­ bill's additional coverage of their physicians' proximately 2 million children have participat­ out nuclear weapons and waste in their midst fees; only about 15 percent or 16 percent will ed in the program since its inception, and we is to be recognized and honored. As nuclear be helped by the new coverage for the costs expect 250,000 children to compete this year. strategists pursue their war games and prep­ of prescription drugs; and only one-fortieth of Several children have since gone on to arations for the ultimate act of insanity, they 1 percent of all beneficiaries will use the addi­ become Olympians and professional athletes. would do well to take note of the strong and tional skilled nursing home coverage that the Mr. Speaker, the Hershey Foods Corp. is to determined statement of the people of Palau. bill provides. be commended and recognized for the role it That a people may declare for themelves Meanwhile, many Medicare beneficiaries will has played over the years in the development how their constitution shall read, how their be paying large additional sums to underwrite of our athletes. Hersey Foods' generous finan­ land is to be used, and how they shall act or this modest extra coverage: a person with an cial contributions to the Hersey Youth Pro­ refuse to act in the geopolitical military strate­ annual adjusted gross income of just $15,000 gram over the years, while maintaining a very gies, is not contrary to, but is entirely consist­ will pay a new supplemental annual premium low profile, is deserving of our honor and rec­ ent with the American commitment to the of $580 starting next year, and by 1992 that ognition. human right of self-determination. fee will rise to more than $1,000 per person a Their efforts serve as an example for other year. Many of the elderly are going to pay far individuals and corporations to invest in our more than they now realize for additional cov­ children's future-for the children are our EXPLANATION OF VOTE ON erage, yet the vast majority will not use the future. I would ask my colleagues in the U.S. MEDICARE CATASTROPHIC extra benefits. Congress to join me in congratulating the Her­ PROTECTION ACT: WE MUST Third, there are other problems with the bill. MAKE THE BEST POSSIBLE shey Food Corp., their employees and the Although Medicare will for the first time be local meet volunteers for their efforts in help­ USE OF OUR SCARCE HEALTH CARE DOLLARS paying billions of dollars for prescription drugs, ing to provide a quality program to the youth H.R. 27 40 fails entirely to control the price of of America. the drugs that will account for at least one­ HON. ANTHONY C. BEILENSON third, and perhaps more than one-half, of the OF CALIFORNIA SELF-DETERMINATION FOR THE legislation's total cost. In addition, administer­ PEOPLE OF PALAU IN THE HOUSE OF REPRESENTATIVES ing the drug portion of the bill will be enor­ Tuesday, August 4, 1987 mously complex and costly: a huge amount of paperwork will be necessary to process literal­ HON. RONALD V. DELLUMS Mr. BEILENSON. Mr. Speaker, on July 22 i voted against the Medicare Catastrophic Pro­ ly tens of millions of prescriptions annually, so OF CALIFORNIA it is clear that a major portion of the drug pro­ IN THE HOUSE OF REPRESENTATIVES tection Act and would like to explain briefly my reasons for doing so. I agree, of course, with gram's cost will go not toward paying for pre­ Tuesday, August 4, 1987 the stated intent of the bill-to help protect scription drugs, but for the personnel and pa­ Mr. DELLUMS. Mr. Speaker, the hearings Medicare beneficiaries from catastrophic med­ perwork that will be required. on the Iran-Contra scandal are coming to a ical expenses-as well as with the progressive Fourth, if at a time when circumstances close, and the Members of this Congress and method of financing part of the additional ben­ mandate great fiscal restraint, we are going to the people of this Nation are trying to piece efits by basing the new supplemental premium increase Federal payments for health care by together what went wrong. We are trying to on the ability to pay. several billion dollars a year, we must choose understand how it is that the will of the But H.R. 2740, as passed by the House, will our priorities very carefully. One goal, it seems people, as expressed in the laws passed by · cost $10 billion a year by 1992-and possibly to me, should be to work toward providing their elected representatives, can be so cal­ up to $30 billion annually by 2005. Before we true catastrophic coverage for the elderly. lously and cynically subverted. Americans commit ourselves to spending such a huge Doing that will require us to face up to the fact cannot afford to take for granted our right to additional amount of money, we ought to be that such coverage will be very expensive-at democratic rule of law. We are rightly proud of sure v1e will be making the best possible use least $25 billion a year. In the meantime, it this heritage and rightly angered when this of our limited Federal health care dollars and seems foolish to tax our senior citizens $10 sacred process is subverted or abused. assisting those who are most in need of Gov­ billion a year merely to provide expanded cov­ In broader terms, this Nation has stood in ernment help to pay their medical expenses. I erage that most Medicare beneficiaries won't principle for the right of people not only in the don't think this bill will do either. ne13d and, more importantly, won't protect United States, but people all over the world, First, although the bill is titled the "Medicare them against catastrophic costs. Taxing the to have the right of self-determination. Yet, Catastrophic Protection Act," in fact it will not elderly $10 billion a year now will only make today, the United States has taken what I be­ protect Medicare recipients from what is by far trUt3 catastrophic coverage that much more lieve to be the unfortunate position of oppos- the leading cause of catastrophic health care difficult and expensive to achieve later. August 4, 1987 EXTENSIONS OF REMARKS 22345 Another goal should be to protect from the Rev. Dr. James D. Ford, Chaplain of the ANOTHER FARM BURDEN devastation of catastrophic costs the nearly U.S. House of Representatives, offered the in­ 40 million Americans who now have no health vocation and made introductory remarks for insurance at all. These are working men and the celebration, and Rev. Dr. John F. Stein­ HON. CARROLL HUBBARD women of all ages who are struggling to meet bruck, senior pastor of the Luther Place Me­ OF KENTUCKY their families' basic needs, pay rent, and raise morial Church and a human rights leader in IN THE HOUSE OF REPRESENTATIVES and educate their children. They face the risk Washington, DC, made closing remarks and Tuesday, August 4, 1987 of financial devastation in the event of a offered the benediction. The Charge d'Affaires health catastrophe, and we could provide of the Swedish Embassy in Washington, Mr. Mr. HUBBARD. Mr. Speaker, I want to them with catastrophic insurance for just a Ulf Jertonsson, represented the Government share with my colleagues the June 23 letter few billion dollars a year. of Sweden. which I received from my friend and prominent The bill as currently written will, I think, Frankly, Mr. Speaker, one of the highlights attorney from Elkton, KY, Randall V. Oakes, prove to be a very expensive and inefficient Jr. Randy and his wife· Marguerite gave up of this birthday celebration were the remarks way of spending our limited resources for ad­ their home and work in Ohio to return to Ken­ by leaders of the Wallenberg committees that ditional health care. Before we spend $10 bil­ tucky to manage the family farm. Their dream have been established to honor this great lion just to expand noncatastrophic Medicare has been to improve the farm as a family man. My wife, Annette, the founder and chair­ coverage, we should work to ensure that no home and family economic unit. Now they person-young or old-will be destroyed eco­ person of the International Free Wallenberg wonder if there is any future to maintaining nomically by the exhorbitant costs of long­ Committee, probably more than any one else the desire to see the family farm pass to suc­ term illnesses such as cancer, heart disease, is responsible for bringing attention to the cessive generations. stroke, and Alzheimer's disease. That would heroic activities and the tragic plight of Raoul Too often, we in the House have not realis­ be a true and great benefit to many millions of Wallenberg. Rachel Haspel, president of the tically viewed the burdens we have placed on Americans of all ages and would be a far Raoul Wallenberg Committee of the United families. Randy Oakes is concerned about the better use of our limited tax dollars than the States, and Leona Feldman, president of the House Ways and Means Committee's consid­ expensive additional coverage provided in Raoul Wallenberg Committee of Greater Phila­ ering the possibility of taxing capital gains H.R. 2740. delphia, Inc., also spoke at this event. when a person dies as one of the proposals Mr. Speaker, Raoul Wallenberg saved tens for narrowing the Federal budget deficit. In TRIBUTE TO RAOUL WALLEN­ of thousands from death at the hands of simple terms, he graphically illustrates the BERG ON HIS 75TH BIRTHDAY German and Hungarian Nazis as the night­ idea that so-called tax reforms are in reality mare of the Holocaust was almost at an end. changes to law that help to concentrate HON. TOM LANTOS At the very moment of his triumph, Soviet wealth in the hands of those few persons or OF CALIFORNIA troops dragged him away to the horrors of the corporations with the resources to cope with IN THE HOUSE OF REPRESENTATIVES Gulag. When we began our struggle to free the continual changes in our tax laws and reg­ Tuesday, August 4, 1987 him from the shadowy half-world of Soviet ulations. prisons, he could have been saved more I urge my colleagues to read the letter from Mr. LANTOS. Mr. Speaker, I rise today to easily. But many chances have been missed. Randy Oakes which follows: pay tribute to Raoul Wallenberg on his 75th Many people-and several governments­ ELKTON, KY, birthday. As most of my colleagues know, June 23, 1987. Wallenberg is the Swedish diplomat who-at could have done a great deal to liberate him. Hon. CARROLL HUBBARD, Jr., great personal sacrifice and through incredible They did not. But as long as there are any of U.S. House of Representatives, courage and daring-saved 100,000 Hungari­ us who remember him, we will continue to Washington, DC. an innocent men, women, and children from fight for his life and for the truth. Re: Capital Gains Tax on Appreciation of Nazi death camps during World War II. In Jan­ Wallenberg lives! We honor him; we remem­ Value of Farms at Death of Owner ber him; his story inspires us to become better DEAR CONGRESSMAN HUBBARD: My immedi­ uary 1945, he was taken prisoner by the ate concern is very personal. My wife has Soviet Army and he has not been free since human beings and more valiant in our struggle spent the past five years of her life manag­ then. In October 1981, President Reagan to build a better and safer world. ing her parents' farm in south Todd County. signed my legislation making Raoul Wallen­ Raoul Wallenberg is a hero in an age pro­ We left our home and work in Ohio so that berg an honorary citizen of the United States, foundly devoid of heroes. Many become she could do this and I could open my law the only person at the time in addition to Sir heroes when heroism is thrust upon them, but office in Todd County. (We were Kentuck­ Winston Churchill to be so honored. Wallenberg went out of his way voluntarily to ians before we went to Ohio.> Today on the steps of the U.S. Capitol, we assume a daring and dangerous assignment. Our purpose and the purpose of my wife's held a celebration to mark the 75th birthday of parents and the purpose of my wife's sisters Leaving behind the comfort and affluence, the is to maintain and improve the farm as a this great humanitarian and to urge the Soviet safety and security of Stockholm, he confront­ Government to release Wallenberg from family home and productive family unit. It ed the anguish, suffering, terror, and degrada­ is a reasonable and worthwhile effort and prison. tion being perpetrated in Budapest. No one dream under the rules as they now are and Mr. Speaker, a number of our distinguished else had the audacity to follow the death have existed for years. At this late date, if colleagues joined me in paying tribute to Wal­ the rules are changed as proposed, the lenberg-Senator CARL LEVIN of Michigan, a marches, to jump in front of guns leveled at dream and the effort will be frustrated. State where Raoul Wallenberg attended the Jews, to pull people off deportation trains. Life insurance to cover the prospective University of Michigan; Congressman JOHN Raoul Wallenberg not only saved 100,000 income tax comes to mind as an answer. It is PORTER of Illinois, the cofounder and cochair­ lives, he saved our faith in humanity. not an answer in the tens or hundreds of man of the Congressional Human Rights In history, one can find many men who thousands of cases in which, by reason of have killed 100,000 people. But how many age or infirmity, the farm owners are not in­ Caucus; Congressman STENY HOYER of Mary­ surable. land, the chairman of the Helsinki Commis­ have saved 100,000? Wallenberg has shown Obviously, tax lawyers and accountants sion, who has done so much to encourage us that one individual-motivated by a genu­ will devise programs under which family observance of the Helsinki accords on human ine and personal concern for human rights­ farms will continue to pass to successive rights; Congressman BILL GREEN of New can face evil and triumph; that one person generations without this proposed income York; Congressman BILL LOWERY of Califor­ alone can make a difference; that there are tax burden. There will be payments to law­ nia, who authored legislation naming the genuine heroes to illuminate our age. yers and accountants for professional serv­ street in front of the U.S. Holocaust Memorial ices, but Uncle Sam can expect little in the Museum "Raoul Wallenberg Place," Con­ way of taxes. Throughout, I have referred to this as an gressman JOHN MILLER of Washington; Con­ income tax matter. Make no mistake, this gressman FRANK WOLF of Virginia; Congress­ proposal is a proposal for an increase in man Boa DORNAN of California; and Con­ income taxes. This proposal is a proposal to gressman BEN GILMAN of New York. violate the promises made by our Congress

91-059 0 -89-25 (Pt. 16) 22346 EXTENSIONS OF REMARKS August 4, 1987 and the President during the 1986 annual Allentown, with facilities for meeting, training There is another important incentive for the tinkering with the tax law. and parking, as well as good working facilities United States to do whatever it can to assist This proposal appears to pander to the and storage space. the project. The Irish Government does not perceived understanding of the urban person who lives on a wage or salary and John Henry Leh, Allentown, was first presi­ intend to develop the center by itself. It is owns a residence and who has no perception dent of Great Valley Girl Scout Council and H. looking for a foreign partner, and, although of the long term planning and capital re­ Leh & Co. has been a Girl Scout equipment firms from several other nations have bid for quired for the continued operation of a agency for 55 years and is one of the oldest the right to d_evelop the project, the officials farm or any other small business. The pro­ in the country. Allen High School hosted involved are favorably disposed toward that posal may give some emotional satisfaction Music Connection finals at Allen High School partner being an American firm. In a very to an occasional "Joe Lunchbucket" but it in March. Dorney Park, Allentown, was the simple, very modest way, Congress can help will not do him or her any real good. The site of Great Valley's 75th anniversary cele­ actual effect will be to drive out of business to ensure that an American firm is that part­ the employer upon whom "Joe Lunch­ bration. ner. It can do so by guaranteeing to the bucket" depends for a job. We need to salute the Girl Scout Program project a relatively small amount of economic I am extremely concerned about the tend­ in this 75th year of its existence for the wealth development funding, provided of course that ency of so-called reforms to concentrate of productive, resourceful and self-reliant an American firm is, along with the Irish Gov­ business ownership and wealth in the hands women it has already given our Nation. Our ernment, one of the principal developers of of those few persons, individual or corpo­ communities, and especially my own Lehigh the project. Such an initiative on the part of rate, who have the financial resources to Vally, owe a present debt of gratitude and the Congress would contribute significantly to cope with the continual changes in taxation look with great hope to the future because of and regulation imposed by our Congress. the success of the project, and through it, the I hope that the appearance in the press of the Girl Scout Program. United States would take another step toward this tax increase proposal will create an out­ regaining its competitive edge in international burst from the public which will be without THE DUBLIN WORLD TRADE trade and resuming the leadership role in example in recent history. CENTER world markets that it once enjoyed. I earnestly entreat you to vote "no" on Mr. Speaker, I commend the Dublin World any and every proposal to tax as capital gain or any other kind of income at the HON. JOHN P. MURTHA Trade Center to my colleagues in the House. As the project moves ahead, I hope the Con­ death of the owner any perceived increase OF PENNSYLVANIA gress will find a way to support it that contrib­ in the value of that owner's property which IN THE HOUSE OF REPRESENTATIVES the passage of years or the efforts of the utes significantly to economic development owner or both have brought about. Tuesday, August 4, 1987 both in Ireland and the United States. Thank you for your consideration of this Mr. MURTHA. Mr. Speaker, I would like to matter. bring an important matter to the attention of Very truly yours, the Congress. The Government of the Repub­ ARMY TIMES EDITORIAL ON RANDALL V. OAKES, JR., COLONEL NORTH'S "TRAVESTY Attorney at Law. lic of Ireland is planning to develop a World Trade Center at the Customs House dock site OF MILITARY VALUES" in downtown Dublin. The center will provide a THE 75TH YEAR OF THE GIRL unique focus for international trading activity HON. FORTNEY H. (PETE) STARK SCOUTS OF THE UNITED STATES by bringing together in one place representa­ OF CALIFORNIA tives of government, of manufacturing firms, IN THE HOUSE OF REPRESENTATIVES HON. DON RITTER and of firms that provide services, financial OF PENNSYLVANIA and otherwise, to organizations involved in Tuesday, August 4, 1987 IN THE HOUSE OF REPRESENTATIVES international trade. Mr. STARK. Mr. Speaker, one of the publi­ Tuesday, August 4, 1987 The center-the first phase of its develop­ cations that is most read by the military com­ ment is projected at more than $350 million, munity, Army Times, carried an interesting edi­ Mr. AlTIER. Mr. Speaker, it is an honor to and it will eventually include over two million torial on the recent testimony and perform­ congratulate and pay tribute to the Girl Scouts square feet of floor space-will make Ireland of the United States of America in this 75th ance of Lieutenant Colonel North. a major center for international financial serv­ It raises some most interesting questions. year of service to girls and their communities. ices, and will physically incorporate a magnifi­ The hallmark and goal of the Girl Scout Pro­ The reference in the second paragraph to cent technical capacity to provide the tele­ Harry Summers, refers to an article by retired gram is to form a microcosm among the communications services that are essential to young of the larger population. Girl Scouting Col. Harry Summers, which also appeared in the functioning and growth of international the July 27 issue of Army Times entitled reflects a 75-year-old commitment to the ex­ trading activity. pansion and enrichment of the understanding "North is no Hero to those who value the The Dublin Center will also give a much Constitution." It too is a powerful indictment of and appreciation of various people and other needed stimulus to the Irish economy, where, cultures. the Poindexter/North school of foreign policy­ despite a serious and sustained national effort making. Girl Scouting seeks first the growth and de­ at economic development, the unemployment velopment of the young girls wo participate. rate is still tragically high, at 19 percent. The [From the Army Times, July 27, 19871 This growth is well achieved through fun, center will facilitate the export of goods made NORTH's IMAGE crafts, skills, and education which reflect a in Ireland, and ease the grinding economic America's most famous military officer long tradition and move with confidence into pressure that has, over the past several dec­ has paraded a travesty of military values the future. ades, forced thousands of the Nation's most before a credulous national television audi­ From camping to sports, to classroom talented men and women to emigrate to other ence. achievement, including computer technology, Wearing a crisply pressed Marine Corps countries, including our own. uniform bedecked with fruit salad, Lt. Col. exploration of the worlds of outer space and In light of the long and close relationship Oliver North portrayed himself as a dedicat­ medicine, searching for global understanding between the United States and Ireland, in light ed military officer who was just obeying the and learning fashion design, nutrition and of the enormous contributions that Irish-Ameri­ orders of his superiors. But, as Harry Sum­ money management all stem from the Girl cans have made to the life of our country, and mers points out in a trenchant commentary Scout Promise and Law. The Girl Scouts lean in light of our history of providing economic in this issue, North, like all soldiers, is not out to the world and seek to enrich it through development assistance to nations that are obliged to follow illegal orders. Indeed, his understanding and appreciation. striving to help themselves, the Dublin World oath is to defend the Constitution, and that In our Lehigh Valley, the first office of the Trade Center gives the United States a per­ entails abiding by the laws that flow from it. new council was North 15th Street in Allen­ fect opportunity to share its own capability for North is a powerful, dynamic personality, town, PA, in 1961. Well over 10,000 girls and fostering economic development by assisting and he presented his case with extraordi­ adults form the membership of the council. the Irish Government in the development of nary skill and vigor. His six days of televised New capital additions for council headquarters the project. Congress in particular should be congressional testimony won him millions of were completed in 1977, on Moravian Avenue, looking for ways to support the center. admirers, but the likely reasons for his in- August 4, 1987 EXTENSIONS OF REMARKS 22347 stant popularity bear examination. Is the Marine gunnery sergeant who had survived gress-the representatives of the people pe­ public idolizing him because of what he did the bombing of the Marine barracks at riodically elected-were given exclusive in the Iran-contra affair or in spite of it? Beirut in 1984. power to raise the military, commit it to war Well, if there is a groundswell of support for "Colonel North," he might have asked, "as and make rules for its regulation and gov­ selling weapons to the regime of the Ayatol­ you know, a military officer's loyalty is not ernance. lah Khomeini, which is responsible for the only to his superiors, it is also to his con­ While the president was named command­ deaths and kidnappings of many Americans temporaries and especially to his subordi­ er in chief and had operational command of by terrorists, we're unaware of it. As for nates who look to him to stand up for their the military, an officer's oath of office was North's use of profits from the arms sales to interests. pledged to the Constitution. Thus, an offi­ supply the rebels seeking to overthrow the "That being the case, how could you con­ cer's loyalty was not only to the president, it government of Nicaragua, the will of the sider selling arms to the very Iranians who was also to the Congress. Military officers people is on record in the form of the paid a million dollars to the Lebanese ter­ not only are legally bound to obey the laws Boland Amendment, which was passed by rorists who killed over 200 of my buddies­ enacted by that Congress, they are honor­ their elected representatives in Congress. and your fellow Marines-with the bombing bound by their oath as well. Thus, it appears that the public likes of our barracks in Beirut?" Abandoning that tradition in the name of North's sharp military appearance and pa­ Or consider if his questioner had been a expediency can spell disaster. Now the right triotic slogans so much it is willing to forget tank platoon leader from the Army's 24th of the political spectrum applauds North's his actions. Infantry Division at Fort stance in the name of the "higher principle" If that is the case, the implications are Stewart, Ga., whose mission it is to inter­ of anti-communism in Central America. But grave and far-reaching. Are there no trans­ vene in Iran if American interests there are only a decade or so ago, it was the left of gressions that won't be forgotten if the threatened. the spectrum that was calling on the mili­ transgressor happens to look good on televi­ " As a fellow officer," the lieutenant might tary to disregard the orders of its civilian su­ sion? Doesn't justice apply to the handsome have asked, "can you tell me how I explain periors and refuse to serve in Vietnam. as well as to the homely? to the young soldiers in my platoon that if Tampering with civilian control of the The American public has been given a we have to go into battle in Iran, they might military by the president or by the Congress highly detailed account of North's question­ well be killed by the TOW antitank missiles is a slippery slope indeed, for at the bottom able actions. Yet, his appealing personality you sent to the Iranians? I know you of that slope is military dictatorship. and attractive appearance apparently are wanted to look good to your boss, but in Wittingly or not, tampering with those more important to a people who have God's name how could you do that to your controls is precisely what North was doing. become accustomed to passive acceptance of fellow soldiers?" Ironically, the military sees the dangers in images beamed to them by television than And perhaps the congressional committee his actions more clearly than do many civil­ any laws he may have broken. Understand­ could have brought in a contra guerrilla ians. North may be a national hero to many ing the intricacies of law and foreign policy fighter, fresh from putting his life on the Americans, but he assuredly is not to most requires rigorous thought, and too few line in the jungles of Nicaragua. of his fellow military officers. Americans seem willing to exert themselves "Colonel North, I want first to thank you mentally. It's far easier to let colorful for your efforts to get supplies to us while images wash over them and form their im­ U.S. aid was cut off. But there is one thing I THE CLOSING OF THE PALES­ pressions for them. don't understand. Believing in democracy, I TINE INFORMATION OFFICE Those who think hard about North's ac­ fought with the Sandinistas against the tions eventually may reach two conclusions Somoza military dictatorship. And when grounded in reality. By selling weapons to they too imposed a military dictatorship HON. NICK JOE RAHALL II Iran in an effort to free American hostages, under Commandante Ortega, I again took to OF WEST VIRGINIA the administration through North showed the hills to fight for the principles of de­ IN THE HOUSI~ OF REPRESENTATIVES terrorists everywhere that one way to get mocracy. But now I find you too have be­ what they want is to seize American hos­ trayed democracy in the name of fighting Tuesday, August 4, 1987 tages. By funding the contras in apparent for democracy. If we abandon our princi­ violation of restrictions imposed by the Mr. RAHALL. Mr. Speaker, There is current­ ples, how then do we differ from our en­ ly legislation pending before this institution as people through their representatives in emies who insist that the ends justify the Congress, North scorned the democratic means?" well as the other body which would force the principles he yearns to see established in Instead of importing a lawyer from New closing of the Palestine Information Office Nicaragua. York, the committee could have sent down here in Washington as well as the Palestine North's image is that of the model mili­ the road to Quantico, Va., and gotten one of Liberation Organization mission at the United tary officer; the reality is that many of his the students from the Marine Corps Com­ Nations in New York. This legislation, in my actions were contrary to the military ideas mand and Staff College to ask the ques­ he professes to embrace. opinion nothing more than a feel-good bill, is tions. referred to as the antiterrorism bill. "You said you would stand on your head NORTH Is No HERO TO THOSE WHO VALUE in the corner if the president told you to. While it is being pushed hard by supporters THE CONSTITUTION But such blind obedience to orders flies in of the State of Israel as good for Israel there (By Col. Harry G. Summers, Jr.) the face of what we're being taught at are those in Israel, where debate on Israeli­ . I would like to dispute that view. I Together with many of my fellow-citizens bloodshed and violence in the Middle East. believe that achieving peace is a prime re­ of Israel, I have been urging the Israeli gov­ Therefore, as an Israeli concerned with quirement for Israel's long-term survival ernment to reconsider its policies and to the well-being of my country and my and prosperity. There can be no peace with­ agree to negotiate with the PLO in the con­ people, I urge you to voice your opposition out negotiations between the Israeli govern­ text of an international peace conference. to this so-called "Anti-Terrorism Act". By so ment, representing the Israeli people, and Recently this idea has been spreading; not doing, you will not be taking an "anti­ the representatives of the Palestinian only opposition members such as myself, people. Such representatives can only be but also Ezer Weitzmann, member of the Is­ Israel" stand; on the contrary, the rejection chosen by the Palestinians themselves, and raeli Cabinet, as well as several Knesset of this bill will be compatible with the long­ on each occasion that the Palestinians were Members from the Israeli Labor Party, have term interests of the State of Israel and will asked for their opinion, they unequivocally publicly voiced their support for Israeli ne­ be seen as such by a substantial number of expressed their support for the Palestinian gotiations with the PLO. Israel's citizens. Liberation Organization, the PLO. Such for Passage of the bill closing the PLO offices Yours Sincerely, example, was the result of the 1976 munici­ in the U.S. would, in my view, constitute a Major General, pal elections on the West Bank, which were grave setback for the Middle East peace MATTI PELED, the last free elections to be held there. Simi­ process. It would mean total abdication by Member of Knesset. lar results were the outcome of a public the U.S. of any role as a mediator in the