1154 EXTENSIONS OF REMARKS January 27, 1989 EXTENSIONS OF REMARKS QADHAFI AND TERRORISM: THE Libyan leader Mu'ammar Qadhafi consid­ against Libya, there was a series of attacks DESERT COYOTE CONTINUES ers himself an agent of historical forces. He against US targets that were linked by cir­ HIS BATTLE AGAINST THE is implacably committted to ending US and cumstantial evidence to Libya. Just prior to WEST other Western influence in the Third these attacks, Qadhafi publicly predicted World, to unifying the Arab world, and to that progressives around the world would destroying the state of . He sees Israel, strike US facilities, but later denied any HON. WM. S. BROOMFIELD the US, and other Western countries as bar­ Libyan responsibility. OF MICHIGAN riers to his goals. To achieve these ends, The Japanese Red Army was re­ Libya has employed threats, terrorism, and IN THE HOUSE OF REPRESENTATIVES sponsible for the April 14, 1988 bombing military aggression. outside a USO club in Naples. The attack­ Friday, January 27, 1989 Since the US airstrikes in 1986 and Libya's claimed under the covername "Organization military defeat in Chad in 1987, however, of Jihad Brigades" and specifically linked to Mr. BROOMFIELD. Mr. Speaker, I want to many believe Libya has chosen to operate share with my colleagues a disturbing State the US bombing raids of Libya two years through surrogate terrorist groups willing before-killed five people including one US Department factsheet documenting Colonel to strike at Western targets, rather than servicewoman and injured at least 20 per­ Qadhafi's continuing involvement with terror­ become directly involved in terrorism. For sons. Italian authorities have linked the car ism. I commended President Reagan's April example, Libya has appealed to groups it used in the attack to a known JRA terrorist 1986 military operation against Libyan terrorist supports to attack US and other Western who was implicated in the 1987 attack training facilities in response to Libya's direct targets. Qadhafi has also relied increasingly against the US Embassy in Rome. on aggressive diplomacy and on offers of co­ involvement in the 1986 bombing of a disco in operation and outright bribes. In the past, A US Air Force communications facility West Berlin that resulted in the death of two however, when Qadhafi has turned from near Torrejon, Spain was bombed on April U.S. Army sergeants and injuries to 64 other subversion and terrorism to more conven­ 15, 1988. The US suspects involvement by Americans. However, I am concerned that Qa­ tional forms of diplomacy, he has eventual­ Libyan sympathizers. ly resumed his violent ways. On April 14, 1988 gunmen set off explo­ dhafi has begun to play the role of "terror sives in the USIS binational center in Me­ master" again. The wily colonel has recently SUPPORT TO TERRORISTS dellin, Colombia. The attack was claimed by added a new arrow to his quiver of terrorist Qadhafi has provided safehaven, money, members of the 19th of April Movement tools. arms and at times logistical support over . which has received training and Thanks to the good work of our intelligence the years to Palestinian groups such as the money from Libya. services, Qadhafi's schemes to obtain poison Popular Front for the Liberation of Pales­ The Revolutionary Movement Tupac chemicals for his terrorist and military plots tine-General Command and to other Amaru claimed responsibility for groups, both pro- and anti-PLO. These have been revealed to the world. While the two attacks against USIS binational centers groups have conducted most of their oper­ on April 16, 1988 in Lima, Peru. While spread of chemical weapons is a threat to all ations against Israel and the occupied terri­ MRTA claimed these attacks were a protest of us, I cannot imagine a national leader who tories. The ANO, which transferred its against a Peruvian-Shell Oil Company is more unpredictable and diabolical in his headquarters to Libya in 1987, frequently agreement, we note that in 1986 it claimed international intrigues and terrorist plots than conducts its operations outside the Middle responsibility for several attacks on US tar­ Qadhafi. East, including in Europe. Recently, the gets in Peru to protest US policy towards While our allies around the world should ANO has resumed its operations with Libya shortly before the airstrikes. deadly consequences. A group with ties to Libya is the prime march shoulder to shoulder with our Govern­ The ANO conducted the July 1988 ma­ ment in our efforts to shut down Qadhafi's suspect in the April 19, 1988 bombing near chinegun and grenade attack on the Greek the USIS binational cultural center in San poison factory, I believe that America may be cruise ship, The City of Poros. An apparent­ Jose in which several were injured. forced to act alone in order to stem the colo­ ly accidental car explosion earlier that same French authorities in late 1987 intercept­ nel's efforts to add a terrible weapon to his al­ day in Athens was probably caused by a ed a 150-ton Libyan arms shipment, includ­ ready formidable arsenal. While diplomacy bomb intended for an attack planned to ing surface-to-air missiles, intended for the may prove to be the best solution to this most complement the cruise ship incident. Libya Provisional Irish Republican Army recent threat, and international cooperation in has been linked to these incidents. For ex­ in Northern Ireland. There is conclusive evi­ the struggle against the terrorism menace is ample, a submachinegun recovered from the dence that this shipment-the equivalent of cruise ship and another from the bomb essential, I believe that other options should 60 large truck-loads of munitions-originat­ damaged car were purchased by Libya in ed in Libya. PIRA has used the SEMTEX not be ruled out by the administration in deal­ 1976. According to Greek officials, a known explosives obtained from Libyan shipments ing with the Rabta chemical facility. ANO member linked to the attacks used a in destructive bombing campaigns against I urge my colleagues to carefully read the Libyan passport to enter . both military and civilian targets in the UK following excerpts from the Department of ANO terrorists have confessed to the May and Western Europe. Last October, police State factsheet concerning Libyan terrorism: 1988 submachinegun and grenade attacks at uncovered a munitions cache believed to the Acropole Hotel and Sudan Club in have come from an earlier Libyan shipment. LIBYA'S QADHAFI CONTINUES SUPPORT FOR Khartoum that killed eight and wounded TERRORISM The cache, hidden at a retirement home in scores of other people. Under interrogation, West Belfast, included a Warsaw Pact-type LIBYA UNCHANGED they said they had come to attack US and flamethrower capable of incinerating a vehi­ Despite a public posture of moderation, British targets. cle at up to 80 yards. Libya continues to support terrorism. It has The ANO is also believed responsible for a given aid to terrorist groups. It has also par­ car bomb which exploded prematurely in AGAINST HIS OWN ticipated directly in at least one operation in May near the Israeli Embassy in Nicosia, Although Qadhafi has intermittently-in­ Senegal. Libyan operatives have been active Cyprus, killing one of the two terrorists in­ cluding in 1988-offered amnesty to Libyan worldwide, especially in Africa, Latin Amer­ volved. An ANO gunman also confessed to dissidents, such expatriates continue to be ica, and the Caribbean. Libya maintains the March 1988 attack on an Alitalia Air­ targets of Libyan attacks. Eleven dissidents training camps for foreign dissident groups. lines crew at the airport in Bombay in were killed in the first phase of executions It has permitted the Palestinian terrorist which a machinegun jammed and explosives ending in 1981. Another series of planned group, the Abu Nidal Organization , failed to detonate-later claiming he intend­ attacks were uncovered during 1984 and to establish its headquarters in Libya. Libya ed to hit a US crew. 1985. Assassins in these cases have some­ has also abused diplomatic privileges by Several other groups that Libya supports times used handguns supplied in country by shipping arms through the diplomatic have conducted terrorist operations against Libyan diplomats. In 1987 two Libyan dissi­ pouch and by storing explosives at its diplo­ US and Western targets. At the time of the dents were assassinated in Europe and an matic missions. second anniversary of the US airstrikes attempt was made on the life of a third. In

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. January 27, 1989 EXTENSIONS OF REMARKS 1155 that last case, Austrian officials identified incident that occurred in Dakar last year, In the : Libya also has at­ the local Libyan diplomatic mission as sup­ when the government of Senegal arrested tempted to seek influence illegally within porting the attack. In the fall of 1987, two Libyan operatives on February 20, 1988 the United States and may have been in­ and Switzerland both expelled for carrying weapons and explosives into volved in possible acts of subversion there as Libyan agents suspected of plotting terrorist the Dakar airport from Benin. Subsequent well. actions. to the arrests of these two, Benin expelled In July 1988, two alleged Libyan intelli­ MIXING CHARM WITH VIOLENCE the head of the Libyan People's Bureau. gence agents along with four other Libyans Libya has a record of seeking to destabi­ The two were believed to have been plan­ and one Moroccan were indicted before a lize moderate Arab and African govern­ ning to attack Western targets in Senegal. federal court in Alexandria, Virginia on ments committed to a negotiated peace in Libya frequently uses friendly countries charges of conspiring to violate the US eco­ the Middle East or linked to the West. as bases to assist subversives or dissidents in nomic embargo against Libya. The defend­ During the 1983-1987 period, Libyan-backed countries hostile to Libya. Such countries ants, who were associated with the People's assassination plots against President Muba­ have also served as transit points for dissi­ Committee for Libyan Students, had divert­ rak of , former President Numeiri of dents enroute to Libya for military and po­ ed funds which were to be used for support­ Sudan, President Mobutu of Zaire, and litical training. The most noteworthy exam­ ing Libyan students in the US to financing President Habre of Chad were thwarted. On ple in recent years involves Libya's support political activities such as anti-American occasion, Qadhafi has alternated between to Chadian dissidents in Sudan. In the Sen­ demonstrations in the US and conferences plotting against moderate Arab and African egal case, the territory of the country of of American dissidents in Libya. The de­ leaders and reconciling with them to im­ Benin was used by Libya to smuggle arms, fendants-with the exception of alleged prove his own image. supplies and money into Senegal. Libyan intelligence agent Mousa Hawamda Elsewhere, Kenya ordered five Libyan dip­ who fled after posting bail-pleaded guilty QADHAFI'S DIPLOMATIC OFFENSIVE: REACHING lomats out of the country in April 1987 in to the charges. FOR RESPECTABILITY connection with a Kenyan court conviction Last April, police in New Jersey appre­ To recoup lost influence, Libya has under­ on espionage charges of four Kenyan stu­ hended Yu Kikumura, a member of the taken a concerted diplomatic campaign to dents recruited by a Libyan diplomat. Three Libyan-linked JRA, who had three anti-per­ improve relations with the PLO, with its Gambians working with Libya were convict­ sonnel bombs in his car. The bombs were Arab neighbors, and with key African ed in June 1988 for plotting against the gov­ likely intended for a terrorist attack coincid­ states, while preserving its traditional con­ ernment in The Gambia. ing with the second anniversary of the US tacts with dissident, subversive, and terror­ In Latin America: Since as early as 1973, retaliatory air strikes on Libya. Kikumura ist groups in such countries. Libya now Libya has provided training to insurgent was found guilty of transporting explosives maintains an active relationship with all the groups and political support to a broad spec­ by a US District Court in late November North African states, and has recently re­ trum of dissident organizations in Latin 1988. sumed diplomatic relations as well with America and the Caribbean. Libya has pro­ In in December 1987, the leader Chad, Zaire, and Senegal. In September vided support to the Sandinista regime in and four other members of the "El Rukns" 1987, Libya agreed to a cease-fire in its con­ Nicaragua. Libya employs its People's Bu­ street gang were convicted of planning ter­ flict with Chad over the Aozou Strip. While reaus in Panama, Nicaragua, and Cuba to rorist activities in 1986 and were sentenced Libya has proclaimed its willingness to collect information and to encourage willing to prison terms ranging from five to 80 settle for a negotiated solution to this dis­ subversive organizations to carry out at­ years. The gang members, who had obtained pute, its continued occupation of the Aozou tacks. It appears to use Panama as its base an anti-tank rocket, had plans to target air­ strip and its repeated overflights of Chadian in the Western Hemisphere. Libya uses planes and government facilities, as well as territory indicate otherwise. Cuba as its transportation hub. to assassinate American politicans. Accord­ Libyan efforts are underway to reestablish Several Latin groups Libya supports are ing to US prosecutors, the gang claimed it a broader diplomatic presence elsewhere in prime suspects in recent strikes against US expected to receive $2.5 million from Libya's Africa, including in such countries as Libe­ targets. Although there exists no evidence Colonel Qadhafi in return for its actions. Al­ ria, Sierra Leone and The Gambia. Qadhafi, of direct Libyan involvement in these at­ though Libya was not charged in the case determined not to be outdone by Arab tacks, the timing and associations lead us to and its officials denied any involvement, rivals, hosted several visits to Tripoli by suspect a Libyan link in the four attacks in April of last year on binational centers in gang members were known to have had con­ PLO leader Yassir Arafat, summits for rival tact with Libyan representatives. Palestinian groups, and announced he in­ Columbia, Peru, and Costa Rica. All of these tended to assume the financial responsibil­ attacks occurred on or near the second anni­ OUTLOOK FOR LIBYAN INVOLVEMENT WITH ities in the West Bank set aside last year by versary of the 1986 US bombing of Libya. TERRORISM Jordan. In the Pacific and Asia: Qadhafi has Support for terrorism has been a consist­ THE DRIVE FOR INFLUENCE sought to expand his influence in Asia and ent feature of Libyan foreign policy for in the Pacific at the expense of the West by nearly twenty years. Past experience with In Europe: Libya has sought to expand its sponsoring radical individuals and groups influence in Europe by using the promise of Qadhafi suggests he will shift away from his whose activities exacerbate local problems. current diplomatic offensive when its fails economic and commercial benefit-princi­ Libya has given paramilitary training and pally in the petroleum sector-as political to produce desired results. If the past is in­ finanical support to dissident groups in In­ dicative, Libya will continue to share with leverage. For example, Libya seeks to solicit donesia, New Caledonia, Thailand, and the ministerial visits through promises of international terrorists and with other ex­ Philippines, including in the latter the Moro termist groups the goal of supplanting US progress on outstanding commercial issues Liberation Front. Two terrorists groups such as unpaid Libyan debts. Libya also and other Western influence worldwide, but linked to Libya, the ANO and the JRA, have particularly in the Middle East. As recently seeks to purchase political goodwill by hold­ conducted operations against Western inter­ ing out the prospect of expanded financial as September, in response to a question ests in Asia. from the Western media about Libyan arms opportunities for companies and nationals An ANO member attacked the Alitalia of such countries. Libyan ability to keep shipments to the PIRA, Qadhafi replied crew bus in Bombay on March 25, 1988. Al­ that it was Libya's policy to support such such promises is limited, however, especially though there is no indication that Libya or­ in view of the continued downturn in the groups, since they were legitimately in­ dered the attack, it has provided logistical volved in the struggle against colonialism. international petroleum market. Libya is support to ANO operations in Asia before­ also pressing to regain the level of diplomat­ Libya's continuing support for organizations most notably the attempt to ·hijack Pan such as the PIRA and the ANO, as well as ic representation it had in Europe prior to American Flight 73 in Karachi in 1986. 1986 both for the respectability that will its links to the JRA, will keep it squarely in The JRA launched several nearly simulta­ the ranks of state sponsors of terrorism. confer and to restore its security apparatus neous attacks against the US, Canadian, and in Europe. Japanese Embassies in Jakarta in 1986 In Africa: Since late 1987, Libya has tried which coincided with the Tokyo economic CHEMICAL WEAPONS-A NEW DIMENSION TO to increase its influence in Africa by com­ summit. THE THREAT bining aggressive diplomacy with intimida­ Libya's efforts to establish an infrastruc­ Evidence now indicates that Libya is on tion. Qadhafi's long-term objectives are to ture capable of supporting terrorism, how­ the verge of undertaking full-scale produc­ weaken Western influence and to woo pro­ ever, have been weakened by its inability to tion of chemical warfare agents. A large Western regimes. Africa offers operational open new embassies and by Australia's clos­ complex in a remote area about 80 kilome­ advantages-porous borders and an existing ing of the Libyan People's Bureau in May ters southwest of Tripoli, near Rabta, has Libyan infrastructure-and has been a focal 1987. The Australian Prime Minister said at been constructed for this purpose. When point for recent Libyan activity. Libya's the time, "There is no plausible explanation this site is fully operational, it will be the commitment to supporting terrorist attacks in terms of geography or legitimate national largest chemical warfare agent production against Western interests is reflected in an interest for Libyan activity in this region". plant in the Third World-potentially 1156 EXTENSIONS OF REMARKS January 27, 1989 making tens of tons per day of mustard gas homeowners a few years under age 55 are terest deduction is the most important incen­ and nerve agents. holding onto their homes so as to be able to tive we have for construction and homeowner­ An adjacent metal fabrication facility is take advantage of the one-time exclusion. ship. Unfortunately, for the first time in half a equipped with precision materials to manu­ facture components for a variety of air- and This increased availability would in turn foster century, the percentage of people in the ground-delivered munitions. Other facilities lower cost housing and enable those who United States owning their homes has de­ are involved with filling and storing chemi­ could not previously afford to own their own clined. Young families trying to capture their cal weapons. home a better opportunity to do so. share of the American dream are particularly In a speech delivered in October 1988, Mr. Speaker, some of my colleagues are hard hit. The percentage of people in the Libyan leader Qadhafi claimed that the fa­ considering an elimination or reduction of the United States between the ages of 25 and 29 cility at Rabta was intended to produce one-time capital gains tax exemption as a def­ who own their own home has declined from pharmaceuticals-not chemical warfare icit reduction alternative. I believe they are agents. Qadhafi also proposed opening the 43 percent in 1976 to only 38 percent in 1987. complex for international inspection. Con­ moving in the wrong direction. I request that Despite this alarming trend, there are some trary to Qadhafi's assertion, however, this the full text of my bill be inserted at this point in the Congress who clearly want to further site was clearly intended primarily for in the CONGRESSIONAL RECORD and I invite limit the mortgage interest deduction. And, as chemical warfare production. The special­ my colleagues to review and cosponsor this pressures begin to build to raise revenues, ized equipment, building design, and securi­ important measure. those pressures are going to get more in­ ty there far exceed the requirements of a H.R.- tense, thus making this target more inviting. commercial plant. Because it would be rela­ tively easy for Libya to disguise the plant's Be it enacted by the Senate and House of There are some who say that this will never true purpose by modifying the piping and Representatives of the United States of happen. Well, that's what many people were other internal features of the plant before America in Congress assembled, That saying a few years ago, but in the 1986 Tax the section heading and subsection (a) of Reform Act the Congress actually capped this opening it for inspection-particularly in­ section 121 of the Internal Revenue Code of spection by non-experts-a one time inspec­ 1986 are amended to America. But it is the proverbial camel's nose The prospect of Libya's acquisition of a under the tent and it's time to stop the camel chemical weapons capability is profoundly read as follows: disturbing given reports Libya used chemi­ "SEC. 121. ONE-TIME EXCLUSION OF GAIN FROM dead in its tracks. cal weapons during 1987 in its war with SALE OF PRINCIPAL RESIDENCE. As we introduce this resolution, I want to Chad. It is also disturbing in light of Libya's " GENERAL RULE.-At the election of take this opportunity to thank the chairman of continuing support for terrorism and the taxpayer, gross income does not include the Ways and Means Committee, DAN Ros­ gain from the sale or exchange of property Libya's history of transferring weapons to TENKOWSKI, who has given me his personal others. The United States has called on all if, during the 5-year period ending on the date of the sale or exchange, such property assurances that he will personally oppose any nations to halt any contributions they further tampering with this deduction. But, de­ might be making to Libya's chemical weap­ has been owned and used by the taxpayer as ons program. his prinicpal residence for periods aggregat­ spite his assurances and his considerable in­ ing 3 years or more." fluence, I'm not ready to declare total victory (b)(l) Paragraph of section 12l of and tell the troops to go home. A BILL TO AMEND THE INTER­ such Code is This resolution will serve as a message to NAL REVENUE CODE OF 1986 amended by striking out "age, holding, and use" each place it appears and inserting in those who would seek to curtail this important lieu thereof "holding and use". deduction. I'm pleased that my colleague from HON. BENJAMIN A. GILMAN (2) Paragraphs <2> and (3) of section Oregon, PETER DEFAZIO, has agreed to co­ OF NEW YORK 12l of such Code are each amended by sponsor my measure. The bottom line of this IN THE HOUSE OF REPRESENTATIVES striking out "subsection <2>" each place it resolution is simple: it would be the sense of appears and inserting in lieu thereof "sub­ Friday, January 27, 1989 the House of Representatives that the law re­ section ". garding the Federal income tax deduction for Mr. GILMAN. Mr. Speaker, I am pleased to <3> The table of sections for part III of mortgage interest should not be further re­ subchapter B of chapter 1 of such Code is reintroduce today legislation to allow all home­ stricted. I urge my colleagues to cosponsor owners the option to keep, tax free, up to amended by striking out the item relating to section 121 and inserting in lieu thereof the this important measure. $125,000 of the profits, from the sale of a following: principal residence regardless of age. As "Sec. 121. One-time exclusion of gain from many of my colleagues are aware, the current sale of principal residence." UNDER THE GUN, UNDER THE eligibility for the one-time capital gains tax ex­ <4> Sections 1033(h)(3), 1034(1), KNIFE emption extends to only those 55 years of 1038O>. 1250(d)(7)(B), and 6012 of age or older. such Code are each amended by striking out While the economic recovery in this last "by individual who has attained age 55". HON. THOMAS M. FOGLIETTA decade has sharply reduced the overall rate (c) The amendments made by this Act OF PENNSYLVANIA of inflation, housing costs has continued to shall apply to sales or exchanges after De­ IN THE HOUSE OF REPRESENTATIVES rise more rapidly than incomes or prices for cember 31, 1988, in taxable years ending most other commodities. At a time when low­ after such date. Friday, January 27, 1989 and middle-income couples are in positions to Mr. FOGLIETIA. Mr. Speaker, I would like save less, and are limited in their investments SAVE THE MORTGAGE to draw my colleagues' attention to an editori­ by the 1986 Tax Reform Act, a home is more INTEREST TAX DEDUCTION al written by Steve Lopez, that recently ap­ than shelter. It is their future economic securi­ peared in the Philadelphia Inquirer. The article ty. HON. LES AuCOIN addresses the issue of gun control, but from My bill would allow Americans the freedom OF OREGON an unusual perspective. In light of the tragic to decide at which point in their lives they IN THE HOUSE OF REPRESENTATIVES California playground murders, I highly recom­ could best utilize the one-time exclusion: A mend the following article to my colleagues: Friday, January 27, 1989 young family making the move from their start­ UNDER THE GUN, UNDER THE KNIFE er home to a larger residence; middle-aged Mr. AuCOIN. Mr. Speaker, I'm pleased to parents wanting to send their children to col­ announce today that I am joining my col­ lege and needing access to the capital of their league, MARGE ROUKEMA, in the introduction It was 8:30 p.m. Christmas Eve. Dr. Julieta single most valuable investment; or single, re­ of a resolution expressing the sense of the Grosh had just sewn up a stabbing victim. Before she could rest, her next patient came cently divorced or widowed homeowners who House of Representatives that the home through emergency at Temple University may no longer be able to afford or need a mortgage interest deduction should not be Hospital. multiperson residence. curtailed. He was 20 years old and he had been shot This bill would also have the direct effect of The housing industry is crucial to the Na­ in the neck. His carotid artery was blown freeing up the housing market in cases where tion's economic health, and the mortgage in- away and blood was filling his neck. January 27, 1989 EXTENSIONS OF REMARKS 1157 "His neck was virtually blowing up before didn't have a gun, it wouldn't have hap­ Develop a plan to increase its law enforce­ our very eyes," Grosh says. pened. ment presence and better coordinate its ef­ "He was conscious, saying the usual "This is bull-, if you'll excuse my French, forts with those of appropriate States agen­ things: I don't want to die. Help me." when they say guns don't get us killed, By 2 a.m. Christmas Day, she was done people do. That's bull-. Family members cies in efforts to halt illegal harvesting of mi­ with him. Grosh took a vein from his leg are killing each other, children are being gratory waterfowl; and and made him a new artery. He would be killed. We even saw a case here once where Recommend whether the Pittman-Robert­ fine, leaving the hospital in time for New a couple was fighting over drugs, one of son funds should be withheld from States that Year's Day. them pulled a gun, the other shielded him­ are not in compliance with U.S. Fish and Wild­ He was one of 238 gunshot victims treated self with a child and the child was blown life Service regulations on illegal harvesting. at Temple in 1988, half of them by Grosh. It away." The Fish and Wildlife Service is required to cost about $10,000 to save his life, and he Total 1988 costs for Temple hospital-one had no medical insurance. Which makes of several that treats gunshot victims in report its findings and recommendations to him typical of gunshot victims at Temple Philadelphia-were not available. But since the House Committee on Merchant Marine and at hospitals across the country. it cost nearly $1 millon in 1984 to treat 131 and Fisheries and to the Senate Committee It's an issue you seldom hear about in gunshot victims in San Francisco, the cost on Environment and Public Works within 90 gun-control debates. What is the cost and of treating Temple's victims in 1988 could be days of enactment. who is paying? According to a study pub­ $2 million or more. Mr. Speaker, I urge my colleagues in the lished in the Nov. 25 Journal of the Ameri­ Grosh says Martin's figure-85.6 percent House to examine this issue and give full con­ can Medical Association, the cost is stagger­ of the costs are picked up by a government ing, and the public is paying. program or simply eaten by public hospi­ sideration to cosponsoring my legislation. Congress in 1989 must place a greater priority A HEFTY TAB tals-sounds about right for Temple. "A lot of it is just written off. The hospi­ on environment issues than it has over the The cost is at least $1.5 billion a year, and past few years. Setting the groundwork for taxpayers are picking up 85.6 percent of the tal's always in the red." tab, according to Michael J. Martin, the San Grosh is glad we're into January now. halting the illegal harvesting of migratory wa­ Francisco doctor who wrote the medical Every year, she says, it seems a lot of people terfowl would be a good start. journal article. Only 14.4 percent of gunshot shoot each other over the holidays. victims have private insurance or can pay NEW EAST-WEST AGREEMENT out of their own pocket. ILLEGAL HARVESTING "I was just interested in finding out who's FOR PROTECTION OF HUMAN paying," says Martin, who conducted the RIGHTS study for the Clinical Epidemiology Pro­ HON. STEVE GUNDERSON gram at the University of California in San OF WISCONSIN HON. DOUG BEREUTER Francisco. IN THE HOUSE OF REPRESENTATIVES "If we're paying for the inquiries, we OF NEBRASKA should have a say on the availability of fire­ Friday, January 27, 1989 IN THE HOUSE OF REPRESENTATIVES arms. The issue of firearm restrictions is not Mr. GUNDERSON. Mr. Speaker, today I am Friday, January 27, 1989 simply one of individual rights any longer, introducing legislation, which I first introduced since taxpayers pay the majority of costs." in April 1988, to require the U.S. Fish and Mr. BEREUTER. Mr. Speaker, on January Martin and two other doctors studied 1984 Wildlife Service to develop to plan to halt the 16, 35 nations, including the United States statistics from San Francisco General Hos­ and the Soviet Union and all European coun­ pital, where all gunshot victims are taken in illegal harvesting of migratory waterfowl. While it is clear that illegal harvesting is not the sole tries except Albania, signed a new East-West that city. It cost $905,809 to treat 131 pa­ agreement that is being widely hailed for its tients. cause of the dramatic declines in the duck That doesn't include ambulance services, population, it nonetheless is a contributing ele­ protection of human rights. The new agree­ physician fees or follow-up care. Adding ment to this problem which deserves serious ment ends this session of the Conference on those in, and extrapolating for a nationwide attention. Security and Cooperation in Europe [CSCE] figure. Martin estimated the 1984 cost of It is no secret what first spurred me to intro­ and allows members of NATO and the treating firearms injuries at $1 billion. duce this legislation. In February 1988, the St. Warsaw Pact to begin the conventional stabili­ There were 62,075 firearm injuries nation­ ty talks on conventional forces in March. As wide that year, and 31,351 deaths. Paul Pioneer Press reported a grim story of lawbreaking and wildlife slaughter. Although part of the accord, the signatories also agreed Adding four years of inflation and rising to a Soviet proposal to hold a human rights medical costs, Martin says, the 1988 cost is the articles focused on illegal duck harvesting "at least $1.5 billion, probably much in Louisiana, I soon learned that the problem conference in Moscow in 1991, a long-sought higher." was nationwide. Law enforcement officials Soviet goal. Outgoing Reagan administration officials characterized the agreement as the RISING TIDE from the U.S. Fish and Wildlife Service with most significant new accord on human rights Grosh, a Temple surgeon for 18 years, whom I met described the situation as critical. says there are more and more gunshot pa­ In response to the dramatic reductions in since the Helsinki Final Act was signed in tients at her hospital all the time. It used to the duck population-the total duck population 1975. be mostly stabbing victims, but no more. has declined at a rate of more than 20 per­ Although the signing of this pact was indeed Often she'll work a gunshot patient, head cent since the year 1969-the U.S. Fish and a significant occasion and produced some of home, and before she can get to sleep, she's Wildlife Service has taken some important ac­ the strongest commitments yet from the called back to the hospital for another. tions. This past fall, the Service instituted a Soviet Bloc to respect human rights, hard­ She says the bullets she cuts out of people major cutback in the hunting season, reducing liners in several Warsaw Pact countries have keep getting bigger, ripping wider paths already violated the pledges their govern­ through the bodies. its length by 25 percent. In addition, bag limits "Not long ago I did a neck, I lost him on have been cut from four to three in most parts ments undertook in Vienna. Unfortunately, the table. I'd never seen a bullet like that. It of the country. Reports also have indicated these developments do not bode well for the was huge and it had like crustaceans on that the Service has stepped up its enforce­ effectiveness of the new CSCE agreement. it. . . . And they're getting more accurate. ment of the wildlife laws. I welcome these ac­ Against this backdrop, it is incumbent upon We're getting a lot of chest work lately." tions and what appears to be a renewed em­ the Bush administration to ensure that the Grosh says she carried a gun for protec­ phasis in this area. Soviet Union and its allies comply with this tion when she was a student, but after what I also believe that my legislation would be agreement. If they do not, our policies must she's seen, she never will again. She joined a be adjusted accordingly. gun-control group formed by the wife of an important addition to what the U.S. Fish James Brady, who was shot in the attempt and Wildlife Service has already accom­ Three articles about the CSCE accords on President Reagan's life. plished, by placing a clearer focus on the ille­ have recently come to my attention. I urge my EMOTIONAL TOLL gal harvesting question. The bill would require colleagues to read a January 18 editorial, "It's because of seeing this, it sounds like the U.S. Fish and Wildlife Service to: "Human Rights Emphasis Doesn't End With a cliche, but this carnage. When you have to Research and develop methods to accu­ Shultz," in the Omaha World-Herald. I also tell a mother her 15-year-old is dead, or a rately determine the number of migratory wa­ commend to them a January 10 editorial, "Re­ cop's wife, I don't care how many times terfowl that are being harvested illegally each thinking Human Rights," in the Washington you've done it, it's awful. And if the person year in the United States; Times, and a January 10 op-ed piece, "Is 1158 EXTENSIONS OF REMARKS January 27, 1989 Moscow Due That Rights Session?" by the human rights progress will continue. The The United States has been embarrassed distinguished gentleman from Oklahoma [Mr. day when Eastern Europe reacts to human in the past when it has interpreted Kremlin EDWARDS] in the same newspaper. These rights demonstrators with water cannon, gestures as signs of moral and political con­ three articles provide an excellent overview of clubs and tear gas has been too slow to fade. vergence. We hope Secreteary of State-des­ ignate James Baker will make full use of the the opportunities and problems which arise [From the Washington Times, Jan. 10, opportunity to define human rights clearly, from the new agreement. 1989] in terms of economic, political and cultural [From the Omaha World-Herald, Jan. 18, RETHINKING HUMAN RIGHTS freedoms-and will use that definition to 1989] Ronald Reagan crowned his "new think­ call the Kremlin's bluff when it comes to BAKER FOLLOWS THE THEME: HUMAN RIGHTS ing" about the Soviet Union by promising terms such as "democracy" and "freedom." EMPHASIS DOESN'T END WITH SHULTZ that his successor would attend a human We also hope that the Bush administration Secretary of State George Shultz, in a rights conference in Moscow in 1991. This will judge the Soviet Union not on the basis speech at the Vienna human rights confer­ gives the Bush administration two years to of right rhetoric, but on the basis of actual ence, touched on one of the basic themes of do something that no president has done behavior in matters of our own national in­ the Reagan years. Eastern European na­ this century: define clearly what the United terest. tions, he said, must comply with human States means by "human rights" and use rights agreements if they want better rela­ that definition as a measuring stick of [From the Washington Times, Jan. 10, tions with the United States. Soviet human-rights progress. 1989] A similar theme emerged in the testimony President Reagan and the State Depart­ Is Moscow DuE THAT RIGHTS SESSION? of James Baker, who will succeed Shultz in ment report that virtually all political and the Bush administration, to the confirma­ religious prisoners in the Soviet Union have (By Mickey Edwards> tion panel of the Senate Foreign Relations been freed and that less than a dozen Soviet [Mickey Edwards, a Republican represent­ Committee. One of America's chief foreign citizens are being denied emigration to join ative from Oklahoma, is chairman of the policy tasks, Baker said, is to inspire con­ their families. The State Department re­ House Republican Policy Committee.] structive and responsible behavior on the ports that the Soviets have stopped jam­ The recent decision by President Reagan part of the Soviet Union. ming the Voice of America and that Jewish to endorse the Soviet Union's claim that it The point is crucial. The more repression emigration is at its highest since 1980. is a legitimate host for a 1991 conference on and police-state tyranny the Soviet bloc "They have made significant progress [on human rights goes far beyond a bit of back­ countries carry on within their borders, the human rights]," State Department spokes­ room cheerleading for Soviet President Mik­ less they can be counted on to respect the man Phyllis Oakley says. "I think that's hail Gorbachev's campaign for internal rights of people in other countries. clear ..." reform: It recognizes the Soviet state-yes­ There is something about authoritarian Maybe, maybe not. As George Orwell ob­ terday's "evil empire"-as a guarantor of rulers, especially when they are driven by served in his essay, "Politics and the Eng­ the rights of its citizens and a striver for ideology, that often manifests itself in at­ lish Language," words like human rights, full recognition of human dignity. That's tempts to extend their power. That was the democracy, and freedom mean one thing to quite a leap and one that raises the question pattern with Adolf Hitler, Josef Stalin, Westerners and something entirely differ­ of whether the Russians have indeed moved Benito Mussolini and General Tojo of ent to Soviets. Traditionally, "human so far in so short a time. 1 Japan. It has been a characteristic of the rights ' conferences have served to obscure Is the Soviet Union, in fact, a born-again reigns of Fidel Castro, Moammar Gadhafi, these differences, rather than to highlight believer in human rights? Kim II Sung and Ho Chi Minh. them, and have rendered these terms pro­ One thing is certain: In the words of a Shultz did not miss the irony in the fact gressively more meaningless as a result. once-popular novelty song, strange things that Czechoslovakia and East The United States learned this lesson in are happening. And nowhere stranger than signed human rights protocols at almost the the recent past. In 1979, the US and Soviet behind the Iron Curtain. In fact, a visit to same time their troops and secret police Union had for years been celebrating de­ the Soviet Union today is a roller-coaster units were putting down human rights dem­ tente. Human rights in the Soviet Union ap­ experience. A single week in Moscow and onstrations. Scores of people in Prague and peared to be improving, President Carter Leningrad can shock your system with alter­ Leipzig were abused in violation of the Hel­ signed the SALT II accord and hugged nating curren~s of surprise, joy and despair. sinki Accords. The contradictions in such Leonid Brezhnev, and US-Soviet trade was As vice chairman of the House Subcom­ behavior, as Shultz pointed out, are glaring. at its all-time zenith. Soon after, the Red mittee on Foreign Operations, I recently re­ The Soviet Union and its allies-especially Army stormed into Afghanistan and began a turned from a week-long series of meetings , Romania and Hungary-are deeply genocidal campaign that has claimed mil­ with Soviet leaders in Moscow and in Lenin­ in debt to Western nations. Their econo­ lions of innocent lives. grad. I had been invited to take part in talks mies, top-heavy with the steel, coal and Observing human rights conditions in the between members of the Helsinki Commis­ cement plants that the Stalinists considered Soviet Union should remind us that the sion on Human Rights and members of the essential, cannot compete on the world litmus test for a sound foreign policy is Supreme Soviet. market. The standard of living falls while whether it serves the just interests of the The fact that the meetings were even debt mounts. Sparks of political pluralism United States, not whether it moves a for­ taking place was momentous. Although flash amid the dissatisfaction, too often to eign power to allow press freedom, religious there is no real parallel between the U.S. be put out. observances or political gatherings. Other­ Congress, with its separate and considerable Change, however, is in the air. Hungary wise, American national security policy will powers, and the Soviet version of a legisla­ has announced a bold plan to allow non­ be hostage to the whims of whatever clever ture, this was nonetheless the first time Communist parties to compete in elections communist aparatchik is in power. members of Congress and the Supreme against the Communist regime. Top Polish Ronald Reagan has observed this caveat Soviet had met together on a substantive officials have considered legalizing the Soli­ with respect to international treaties, which issue. It was also the first time any repre­ darity union for a two-year trial period. The the Soviets routinely violate. Ironically, he sentatives of the United States had been in­ Soviet Union has scheduled national elec­ hasn't been as scrupulous in discussing vited by the Soviets to discuss human rights tions March 26 for a new national assembly, human rights, because he has accepted questions. For years, in fact, the Soviets had with an option for multicandidate races. Soviet human-rights rhetoric without deter­ denounced every mention by the United The Soviet bloc desperately needs West­ mining whether deeds matched words. States of Russian human rights violations ern investments and loans. It also needs new That's a shame, because a sound defini­ as interference in the U.S.S.R.'s internal af­ markets for its goods-if the goods can be tion of human rights can crystallize the fairs. improved to the point of being marketable. most important difference between the Not only had the Russians initiated the Mikhail Gorbachev, moreover, wants good Soviet and American systems, the difference meetings, but it was clear from the outset relations with the West to help him reduce upon which a realistic foreign policy must that the topic was not to be human rights in the burden of financing the world's largest rest. We say that men are free by nature; general, but Soviet policy toward its own military machine. that they have inalienable, God-given rights citizens. Two or three times the Soviet dele­ The Cold War with the United States has to life, liberty and the pursuit of happiness. gates made half-hearted attempts to suggest been a staggering burden for the Soviets. We believe that government derives its legit­ parallel human rights deficiencies in the The Armenian earthquake, poor grain har­ imacy from the consent of the governed. United States

·- • I I • • • - • • • • I • • • 1• January 27, 1989 EXTENSIONS OF REMARKS 1183 toring System in 1987. However, the major plemented a new air traffic pian on the east by the Port Authority of New York and New objective of the implementation plan was coast known as the expanded east coast Jersey and by the General Accounting Office never achieved. The critical events identified plan, or EECP, in order to alleviate airport have verified the extent to which aricraft noise in the operational plan are not developed in a delays and congestion in our skies. Unfortu­ has become a problem in communities far strategic manner necessary to guide actions. nately, the result of the FAA's action has from Newark Airport and have also implied Neither plan identified the budgetary re­ been the disruption of the peace and quiet of that the FAA erred when they chose to over­ sources needed to carry out the critical communities located up to 60 miles away from look this possible impact. In fact, according to events, mechanisims to coordinate DHHS and the nearest airports. a report prepared by the General Accounting USDA activities with those of other federal Mr. Speaker, while the FAA had good inten­ Office: agencies, nor lead agency responsibility for tions, little consultation was given to the ... [the] FAA should have expected the total system or individual goals as defined. impact the new plan could have on the sur­ the negative reaction of New Jersey The major purposes of the legislative proposal rounding environment. Consequently, within residents. In this regard, FAA could we are introducing today is to have in place a weeks of implementation of the EECP, resi­ have been more sensitive to environ­ plan which will integrate the activities of all dents throughout the New York-New Jersey mental concerns by conducting an en­ federal agencies involved and identify prior­ metropolitan area began complaining about a vironmental assessment before imple­ ities and estimated resources required, so that new intrusion into their lives, airplane noise menting its plan. Congress and the public can determine the pollution. Since then, literally thousands of citi­ Had such an assessment taken place, Mr. appropriateness of the activities and the level zens have complained to the FAA, the Gover­ of expenditures requested. nor, the Congress, and even to the President. Speaker, I believe that modifications could In addition to a coordinated plan and asso­ Quiet neighborhoods are now being bombard­ have been implemented to the Plan which ciated budget, the National Nutrition Monitor­ ed by jet noise from dawn to dusk. In some would have reduced the impact upon peaceful ing and Related Research Act of 1989 in­ New Jersey towns, such as Freehold and New Jersey communities without compromis­ cludes five major components, inadequate or Marlboro, residents have been bothered by ing the necessary improvements in air traffic absent at the present time, which could make planes flying directly over their homes as late management. more effective use of Federal and State ex­ as 2 a.m. Mr. Speaker, the Comprehensive Aircraft penditures for nutrition monitoring, and en­ In response to the problems created for Noise Reduction Act of 1989 provides reason­ hance the benefits of current Federal efforts. New Jersey as well as the lack of a national able remedies to problems surrounding air These five components include: policy on this subject, Congresswoman Rou­ traffic in and out of Newark, Kennedy, and La First, methods research to reduce the cost KEMA and I, along with others, introduced the Guardia Airports and at the same time promul­ and improve the accuracy of the Nation's nu­ Comprehensive Aircraft Noise Reduction Act gates a reasonable national approach to air­ trition monitoring capabilities, as well as the of 1989. I am particularly pleased that at my craft noise abatement. Since the FAA will be assessment of the health of individuals; urging, Congresswoman ROUKEMA broadened implementing similar plans on the west coast Second, technical assistance to State and this bill to ensure that the residents of central as well as in the midcontinent area, I would local government so that data they collect New Jersey-that is, western Monmouth, Mid­ advise my colleagues that this is not simply a could make a contribution to the Federal dlesex, and northern Mercer Counties-would local or regional problem. Chairman ANDER­ system, and likewise, national data could be be included within the scope of this legisla­ SON has expressed interest in pursuing this more helpful to States in allocating limited tion. mattter in the House Public Works and Trans­ food and health resources; As introduced, H.R. 546 would require the portation Committee and I look forward to Third, Advisory Council to provide scientific FAA to report to Congress within 30 days on hearings on this issue early in the 101 st Con­ and technical advise and provide a forum for a plan to reduce noise levels caused by the gress. recommendations of groups who use and expanded east coast plan in all regions of depend on Federal nutritional status data; New Jersey. In addition, the FAA will be re­ Fourth, Dietary Guidance to be published quired to report to the Governor of New ANTHONY LONGHETTI RETIRES periodically and to be consistent among Fed­ Jersey every 60 days on progress being made eral agencies; and in this regard. The FAA would also be re­ HON. JERRY LEWIS Fifth, assessment of the appropriate Feder­ quired to negotiate with the Defense Depart­ OF CALIFORNIA al role in assuring that medical students and ment regarding unused airspace over the At­ physicians have access to training in nutrition lantic Ocean. Currently, there is a significant IN THE HOUSE OF REPRESENTATIVES amount of airspace reserved for military use, and its relationship to health. Friday, January 27, 1989 The passage of this bill is essential to as­ even though there is no present or future sessing the nutritional and health status of our need for it. Mr. LEWIS of California. Mr. Speaker, I rise citizens, to advancing our knowledge of the H.R. 546 would require the FAA to produce today to pay tribute to a truly remarkable man, relationship between diet and health, and de­ a national plan to begin phasing out the use Deputy Chief Anthony Longhetti. I have known veloping sound policies to guide nutrition re­ of older and louder aircraft, called stage II air­ Anthony for many years and would like to search, education, and intervention programs. craft. Although it is the stated policy of the compliment him on his numerous contributions I urge my colleagues to join in sponsoring the Department of Transportation to help the avia­ to San Bernardino County and wish him well National Nutrition Monitoring Act of 1989. tion industry retire stage II planes, there have during his retirement. not yet been any concrete proposals issued. Anthony Longhetti was born on January 28, This bill requires the Secretary of Transporta­ 1929 in Pittsburg CA. He was educated at the THE COMPREHENSIVE tion, in consultation with the Secretary of University of California, Berkeley, where in AIRCRAFT NOISE ACT OF 1989 Treasury, to submit such a plan to Congress 1950 he gruaduated with a bachelor's degree within 6 months. Finally, H.R. 546 requires the in technical criminology. On November 26 of HON. CHRISTOPHER H. SMITH FAA to issue an environmental impact state­ that same year, he married his lovely wife, OF NEW JERSEY ment for all future comprehensive air traffic Alma, with whom he has two children. IN THE HOUSE OF REPRESENTATIVES plans which change routes under 19,000 feet. Deputy Chief Longhetti continued his educa­ Mr. Speaker, some aircraft noise is unavoid­ tion at the University of Minnesota's School of Friday, January 27, 1989 able, however the volume and frequency of Chemistry were he worked as a crime labora­ Mr. SMITH of New Jersey. Mr. Speaker, last the noise and the manner in which it effects tory analyst and assistant laboratory director week I joined with Congresswoman RouKEMA certain communities can be adjusted and for the Minnesota State Bureau of Criminal to introduce H.R. 546, the Comprehensive Air­ moderated by FAA flight patterns. Unfortu­ Apprehension. After several years of living in craft Noise Reduction Act of 1989, legislation nately however, the FAA instituted the ex­ Minnesota, Anthony moved to San Bernardino designed to address the problems created by panded east coast plan witP.out taking into ac­ County to become crime laboratory director at aircraft noise. count the tremendous impact which the jet the San Bernardino County Sheriff's Depart­ As many of my colleagues are aware, in noise has had upon so many communities in ment. He remained in this position until 1983 1987 the Federal Aviation Administration im- New Jersey. Subsequent studies conducted when he became deputy chief, in command of

29-059 0-90-38 (Pt. 1) 1184 EXTENSIONS OF REMARKS January 27, 1989 the Scientific Investigations Bureau-Crime The Ukrainian call for autonomy and per­ Armstrong Garden Centers, Inc., on the occa­ Laboratory and Identification Division. sonal freedom is very simple, and includes the sion of its 100th anniversary. In the area of His wide experience in the criminalistics same rights which Americans hold so dear. landscaping, Armstrong is a landmark south­ field, including toxicology and analytical chem­ The third universal of the Ukrainian National ern California name. istry, microanalysis, firearms identification, Republic, issued in 1917, proclaims the rights The southern California history of Armstrong document examination and crime scene re­ to freedom of speech, press, religion, assem­ Garden Centers began in 1889 when John S. construction, Anthony has qualified as an bly, and minorities, among others. Today, Armstrong moved from Ontario, Canada, to expert witness in each of these areas in State, even these basic universal rights are not guar­ Ontario, CA. The business expanded rapidly Federal, and military courts. anteed in the Soviet Union. Exercise of na­ with prominent operations in the 22d Congres­ In addition to his extensive professional tionalist self-determination and full religious sional District. work in criminalistics, he taught basic courses freedoms still are unaccepted by Moscow. Since its creation this organization and its in the field, sharing his knowledge with stu­ On Ukrainian Independence Day, it is appro­ people have done a great deal to beautify and dents at various California colleges and uni­ priate to remember that the call for autonomy improve the environment for many southern versities. and basic human rights in the Soviet Repub­ Californians. Armstrong is renowned for its ef­ Deputy Chief Longhetti distinguished himself lics is still strong, and still not satisfactorily ad­ forts on behalf of roses and fruit trees. There not only in his profession but in the communi­ dressed by the Soviet Union. This should are no questions or problems dealing with soil, ty as well. He held presidential posts in the always play a role in our assessment of the irrigation, plant pathology, pest control, or following local organizations: Kiwanis Club, current Soviet situation. design that Armstrong is not capable of an­ Little League, YMCA, Easter Seal Society, and swering or solving. Mr. Speaker, Armstrong is statewide Jaycees, as well as an elected a fine and enduring organization to which its member of the board of education in Rialto, SAN FRANCISCO, THE TEAM OF 1OOth anniversary will attest. CA. THE 1980's. Please join me in this salute to Anthony HON. BARBARA BOXER Longhetti. May he reflect on his years with IN MEMORY OF THOMAS PERRY San Bernardino County with great pride and OF CALIFORNIA ADAMS enjoy the years ahead as he enters into this IN THE HOUSE OF REPRESENTATIVES well deserved retirement. Friday, January 27, 1989 Mrs. BOXER. Mr. Speaker, I rise to pay trib­ HON. JULIAN C. DIXON UKRAINIAN INDEPENDENCE DAY ute to an exceptional group of people. With 'OF CALIFORNIA their Super Bowl XXIII victory in Miami IN THE HOUSE OF REPRESENTATIVES Sunday, the San Francisco 49ers by consen­ HON. WILLIAM 0. LIPINSKI Friday, January 27, 1989 OF ILLINOIS sus became the team of the 1980's. They IN THE HOUSE OF REPRESENTATIVES may also be a team for the ages. Mr. DIXON. Mr. Speaker, on October 16, 1988, Los Angeles' black community lost one Friday, January 27, 1989 The 49ers are remarkable not only for their determination and skill but also for their hu­ of its most active members and role models. I Mr. LIPINSKI. Mr. Speaker, it was 71 years manity off the field. How many times have we rise today to mourn the passing of Thomas ago this week, when in the face of the Bol­ seen a winning coach after a football game Perry Adams. sheviks seizing of power, Ukraine's National embrace the losing coach and walk off the Tom Perry was truly a 20th century Renais­ Assembly met in Kiev and proclaimed the in­ field with his arm around him. Bill Walsh sance man. After his honorable discharge dependence of their people. On January 22, coaches football with a level of skill that few from the Army in 1954, he completed his un­ 1918, the Ukrainian Central Rada proclaimed could match. He also knows off the field the dergraduate degree at UCLA. An outstanding Ukraine an independent, sovereign state. Of value of friendship that makes life meaningful. athlete, he played on the 1955 UCLA football course, the nation's self-government was Ronnie Lott has been the soul of the 49er team and in the 1956 Rose Bowl game. Tom short-lived, as it was crushed and absorbed defense since his first season. Off the field he was also a founding and lifetime member of by the Soviet Union. Today, 71 years later, is readily found visiting a sick child in a hospi­ the UCLA Black Alumni Association, where he Ukrainians still must cope with being one of tal. Joe Montana's contributions to the com­ served as the first president. While attending many occupied republics in the illegitimate munity include taking time out of a very hectic UCLA, Tom Met Lois Yvonne Payne, whom he Soviet empire. season to appear on national television for a married in 1958. Observing Ukrainian Independence Day is missing child. We need more of these fitting Tom furthered his education at Southwest­ particularly meaningful in light of the current examples for our Nation's young, blending the ern Law School, and after his admittance to situation in the Soviet Union. I personally en­ best of sport and life. the California State Bar in 1969, he became a joyed honoring the January 22 anniversary And finally, who can think of this team with­ Los Angeles deputy city attorney. In 1972, he along with the Ukrainian Congressional Com­ out the indelible image etched in the last 3% mittee of lllinios, and I would like to express to entered private practice, where as an associ­ minutes resulted in the most thrilling conclu­ them my appreciation for being named Ukrain­ ate with the Honorable Charles A. Pope, and sion to a Super Bowl in the 23-year history of ian Man of the Year. later with Halvor T. Miller, Esquire, he focused the game. The title of a song from my youth It is observances like Ukrainian Independ­ primarily on criminal defense and probate law. comes to mind in describing the team in that ence Day which highlight the consistent irony He also served as judge pro tempore in last few minutes-"Poetry in Motion." They in the highly publicized and lauded initiatives Southgate Municipal Court on many occa­ are a team for the 1980's-a team for the of perestroika and glasnost. Concessions to sions. nationalist sentiments, such as limited partici­ ages. Tom was devoted to the community's youth, pation in elections, have been evident in the The Cincinnati team was very tough-tough­ serving on the Baldwin Hills Little League As­ Soviet Union, from the Baltic States to er than anyone predicted. I compliment their sociation's board of directors and coaching Ukraine to Armenia. However, we must re­ team and the entire 49er organization. the Giants team for 10 years. He was a Cub member that what Ukrainians and other na­ Scout leader at Overland Avenue School, and tionalists justifiably call for is not concessions, THE lOOTH ANNIVERSARY OF served as a volunteer with the Woodcraft but autonomy. The peoples of Ukraine, Arme­ ARMSTRONG NURSERIES Rangers. nia, and the Baltic States were unjustly con­ Mr. Speaker, in both his professional career solidated into the Soviet Union, and they are HON.CARLOSJ.MOORHEAD and personal life, Thomas Perry Adams en­ riched the lives of many Angelenos. There­ calling for their due independence. Despite all OF CALIFORNIA fore, I ask my colleagues in the U.S. House of the years of Soviet Russian domination of IN THE HOUSE OF REPRESENTATIVES Ukraine, the yearning for freedom is still Representatives to join me in extending sin­ strong. As long as this call for freedom exists, Friday, January 27, 1989 cere condolences to his mother, Blossie we can not afford to be satisfied with the pre­ Mr. MOORHEAD. Mr. Speaker, I appreciate Adams, his wife, Yvonne, and children Greg­ liminary results of Gorbachev's reform. this opportunity to recognize and congratulate ory and Dana. January 27, 1989 EXTENSIONS OF REMARKS 1185 A TRIBUTE TO THE UNDERWAT­ sank in the Guemes Channel; 46,000 gallons George Dern. Mr. Dern is this year's recipient ER ADVENTURE SEEKERS ON spilled into Puget Sound. And, last year other of the Professional Community Service Award, THEIR 30TH ANNIVERSARY major oilspills were reported on the Mononga­ an award presented each year by the Bernardi hela River, in the Delaware River, in Savan­ Multipurpose Senior Center to a local busi­ HON. WALTER E. FAUNTROY nah Harbor and in Cook Inlet in Alaska. ness person of the San Fernando Valley who OF THE DISTRICT OF COLUMBIA Across our Nation, fisheries and wildlife habi­ has positively contributed to the welfare and IN THE HOUSE OF REPRESENTATIVES tat are contaminated, businesses are disrupt­ betterment of the senior citizen community. ed and people living near the spill are incon­ Mr. Dern has served the southern California Friday, January 27, 1989 venienced. community for many years. His pleasant per­ Mr. FAUNTROY. Mr. Speaker, the Under­ We should recognize, Mr. Speaker, that oil sonality and willingness to be helpful have en­ water Adventure Seekers were organized in spilled on beaches like those on the coast of deared him to both his colleagues in the phar­ the District of Columbia on February 25, 1959, Washington has a long-term effect. It does not macy business and the public he has served and is celebrating its 30th anniversary this go away quickly. Habitat that is fouled may so well. His generous contributions of time year in promoting safe water sports and diving take years to rehabilitate, tourists scared away and efforts has enhanced the lives of many activities. may not come back for years. And the physi­ senior citizens. The hours of volunteer coun­ The Underwater Adventure Seekers pro­ cal costs of a cleanup are substantial. The seling on matters regarding medications, their motes the conservation of aquatic life through recent spill in the Guemes Channel cost over uses, benefits and effects, and the regularly various programs and activities, and is the $3 million to cleanup. Yet, under Federal law, scheduled lectures at the Bernardi Multipur­ oldest black sports scuba diving club in the liability exposure for the barge operator is only pose Senior Center on important senior con­ world. $125,000. Some companies, like ARCO, cerns have positively affected the lives of This organization has trained over 1,500 quickly stepped forward to help defray the many. He makes himself available to the cen­ divers and more black divers than any diving costs but under Federal law, they did not have ter's staff and senior members to consult on club in the world. As part of its training pro­ to. any matters regarding health and prescrip­ grams, it assists students in the University of Mr. Speaker, one way to reduce the danger tions. In addition, he is also the longtime sup­ the District of Columbia Marine Science and of oilspills is to let the shippers know that they porter and underwriter of the newsletter at the Oceanography Programs through the sponsor­ are going to be held accountable for the real center. ship of field trips and other learning experi­ costs of a spill, not just a tiny fraction. A bill to George Dern is a native of Worcester, MA. ences; and do this was approved by the House Commit­ He attended the Massachusetts College of The Underwater Adventure Seekers provide tee on Merchant Marine and Fisheries last Pharmacy in Boston and is licensed in both instruction in swimming and other water activi­ session. That bill, "The Comprehensive Oil the States of California and Massachusetts. ties to groups of all ages, and it provides Pollution Liability and Compensation Act," He is married and is the proud father of three rescue divers to Federal and local agencies in would have established a new comprehensive sons. disasters when trained and experienced divers set of rules to provide prompt, adequate, and It is my distinct honor to ask my colleagues are needed. equitable compensation to those who suffer to join me in saluting Mr. George Dern, an in­ Underwater Adventure Seekers is celebrat­ from oilspills. valuable member of my community. ing its 30th anniversary with a photography "The Comprehensive Oil Pollution Liability exhibition and banquet on February 25, 1989 and Compensation Act" would also encourage at the Georgetown Holiday Inn, and its mem­ prompt cleanup of oilspills and create mecha­ STATE ENERGY CONSERVATION bers are to be congratulated and commended nisms to reimburse Federal, State, and local PROGRAMS IMPROVEMENT for 30 years of service to the Washington, DC governments for the costs of cleaning up a ACT OF 1989 community. spill. It would have imposed strict "joint and several" liability for those transporting or pro­ HON. PHILIP R. SHARP ducing oil and other long needed reforms in OF INDIANA CLEANING UP OUR NATION'S Federal law. Most importantly, "The Compre­ IN THE HOUSE OF REPRESENTATIVES OILSPILL LIABILITY LAWS hensive Oil Pollution Liability and Compensa­ Friday, January 27, 1989 tion Act" would have established a clear and HON. JOHN MILLER predictable legal and regulatory framework for Mr. SHARP. Mr. Speaker, today I am intro­ OF WASHINGTON claimants, spillers, insurers, and Government ducing the State Energy Conservation Pro­ IN THE HOUSE OF REPRESENTATIVES officials. grams Improvement Act of 1989, a bill to update and streamline three State and local Friday, January 27, 1989 Mr. Speaker, as a member of the Merchant Marine and Fisheries Committee, I supported assistance programs administered by the De­ Mr. MILLER of Washington. Mr. Speaker, as this bill. I spoke in favor of it in this Chamber. partment of Energy. Similar legislation is being the 101 st Congress gets underway it is impor­ But, unfortunately, the bill died in the Public introduced in the Senate today. tant to focus on some of the unfinished busi­ Works Committee. The bill was not a new These programs were originally created by ness from last term. Near the top of our idea. The House has been working on a Congress to improve the energy efficiency of agenda should be cleaning up our Nation's reform package for almost a decade. "The our economy and reduce our dependence on oil-spill liability laws. Comprehensive Oil Pollution Liability and imported oil. Today another important reason Just before Christmas a tug boat collided Compensation Act" had widespread support for these programs is the looming specter of with a barge carrying 213,000 gallons of from the administration, from Industry, from global warming. bunker oil. This oil was spilled into the Pacific environmental groups, and coastal States. It We should not forget, however, that these Ocean off the coast of Washington State. The should have been passed into law last ses­ programs also provide needed assistance to damage was initially thought to be minimal. sion. Mr. Speaker, I urge this House to help people, schools, hospitals, and small The oil was supposed to wash out to sea and promptly consider a new legislation to mod­ businesses cut their energy bills. gradually disappear in the Pacific Ocean. But, ernize our outmoded oilspill statutes. The Weatherization Assistance Program Mr. Speaker, Mother Nature did not cooper­ provides insulation and other conservation ate. Instead that oil has fouled beaches along services to low-income households, tt:tereby the coast of Washington State and Vancouver TRIBUTE TO GEORGE DERN reducing their need for other types of ongoing Island. Thousands of shore birds died. Miles public assistance. The Institutional Conserva­ of beaches were scarred by tar. The spill has HON. HOWARD L. BERMAN tion Program pays part of the cost for making also harmed our relations with our Canadian OF CALIFORNIA schools and hospitals more energy efficient, neighbors, who blame our Government for IN THE HOUSE OF REPRESENTATIVES thereby increasing the percentage of their desecrating hundreds of miles of beaches on budgets that they can spend on teaching and Vancouver Island. Friday, January 27, 1989 healing. The State Energy Conservation Plans Last February another barge carrying Mr. BERMAN. Mr. Speaker, I rise today to provide States with targets for increasing their 300,000 gallons of heavy fuel oil capsized and pay tribute to an outstanding individual, Mr. energy efficiency through programs that are 1186 EXTENSIONS OF REMARKS January 27, 1989 tailored to the specific needs of consumers a positive contribution to our environment and Bergen County, are qualities that we have all and businesses in each State. our economy. However, to make the biggest come to admire and respect. I, therefore, take All three programs are 10 or more years old possible contribution, these programs should pride in recognizing the many accomplish­ and have produced many successes. The be brought up to date. That is the purpose of ments of this fine friend and public servant. Weatherization Program has already upgraded this legislation, and I urge its swift passage. Carl has served as a member of Wallington's 3 million low-income houses, resulting in aver­ Fire Department, the Wallington Emergency age energy savings of 10 to 20 percent each. Squad, and is presently a member of the Since its inception, the ICP Program has pro­ THE SENSELESS MURDER OF FRANCISCO MENDES FILHO Exempt Firemen's Association. He has in­ vided over 21,000 grants to local schools and volved himself with all aspects of community hospitals to reduce their energy costs. The life by also serving on the Wallington Borough SECP Program has resulted in a number of in­ HON. DAVID R. OBEY Council, the Wallington Recreation Commis­ novative programs that are tailored to specific OF WISCONSIN sion, and as the former president of the Wall­ States' needs such as a program to encour­ IN THE HOUSE OF REPRESENTATIVES ington Planning Board. Currently, Carl is presi­ age the use of alternative vehicle fuels in Cali­ Friday, January 27, 1989 dent of the John F. Kennedy Memorial Library. fornia, a Louisiana research and demonstra­ Mr. OBEY. Mr. Speaker, today a number of The responsibility and concern Carl has for tion program to reduce energy use in the my colleagues and I introduced a concurrent others is a continuation of his father's own commercial fishing fleet and a Maine "interest resolution regarding the murder in Brazil of years of public service as a councilman in rate buy-down" on energy conservation loans Francisco Mendes Filho, an Amazonia labor Wallington for 15 years. The tradition of serv­ to small businesses, industry, and nonprofit leader who worked diligently and unselfishly to ing has been passed on through the genera­ organizations. save one of the world's greatest resources, tions, as is evident in Carl's sons, Robert and Despite these successes, some of the re­ the Amazon Rain Forest. Mark, and his daughter, Dorothy. His children quirements in these programs no longer make I am heartened by the response of the U.S. are as active and involved in their community sense, and there are new activities that States Congress as well as by the American people as their father and grandfather were, and just could successfully undertake to reduce the as dedicated and giving. burden of energy costs on their citizens. regarding the tragic murder of a man who struggled during his lifetime to advocate and Carl Hartmann is indeed a man who de­ These programs need new goals and greater serves our respect and appreciation. It is with flexibility to deal with the changed energy re­ organize workers practicing rubber tapping, an occupation which allows for sustainable eco­ great honor and pleasure that I am able to alities of the 1980's and 1990's. pay tribute to him as he leaves his post as One of these realities is that we must weigh nomic growth using the great resources of the Amazon without exploitation. Under his leader­ Bergen County clerk. I wish him continued the environmental impacts of all energy deci­ health and happiness in the many more pro­ sions we make. The specters of global envi­ ship, rubber tappers in the western Amazon were successfully organized to work against ductive years to come, and am proud to call ronmental problems such as acid rain, ozone him my friend. depletion, and climatic warming are all very the shortsighted bulldozing of the rain forest troubling. And, while scientists and others can for cattle-raising operations. argue over the ramification5 of these trends On Wednesday, January 25, environmental UKRAINIAN INDEPENDENCE _DAY and the need for more comprehensive solu­ and human rights leaders paid tribute to tions, all available evidence suggests that Chico's memory with a memorial service at St. HON. EDWARD F. FEIGHAN greater energy efficiency is at least a partial Peters Catholic Church and on the Capitol steps. I regret that illness kept me from par­ OF OHIO remedy that does not commit us to costly IN THE HOUSE OF REPRESENTATIVES crash programs and that saves consumers ticipating, however, I was pleased to hear that money. a good number of leaders from both the Friday, January 27, 1989 I am under no illusions that this legislation is House and the Senate were able to take part Mr. FEIGHAN. Mr. Speaker, earlier this the answer to global warming or other envi­ in this timely and important tribute. week, on January 22, we marked the 71 st an­ ronmental threats, but let us start taking the My heart goes out to the family and friends niversary of Ukrainian Independence Day. On small steps needed to deal with these prob­ of Chico Mendes. Without a doubt, the world January 22, 1918, after the Bolsheviks took lems. One of the first steps should be review­ will miss this farsighted individual and will be power in Russia, the Ukrainian Central Council ing and upgrading the conservation programs watching and supporting those in Brazil who issued the Fourth Universal, proclaiming we already have in place. will ensure that Chico Mendes' work will be Ukraine's independence from Russia by A second reality we in Congress need to carried on, and that his killers will be brought saying, "People of Ukraine: by your own deal with is that the United States set a to justice. power, your will and your word, a free Ukraini­ record for energy consumption last year after I urge my friends and colleagues to join us an republic now exists in your land." 14 years of roughly stagnant demand. Not in cosponsoring this concurrent resolution. Exactly 1 year later, the Ukrainian Parlia­ only did total consumption set a new record in ment passed the Act of Union which incorpo­ 1988, but the energy efficiency of the econo­ TRIBUTE TO CARL R. rated all Ukrainian land-the Western Ukraini­ my as a whole declined last year for the first HARTMANN an National Republic and the Ukrainian Na­ time since 1973. For the first time, the Nation tional Republic-into one nation. began to backslide on the tremendous gains HON. ROBERT G. TORRICELLI Tragically, however, the Ukrainian National in efficiency we made since the first Arab oil OF NEW JERSEY Republic fell to the Communists in the early embargo-gains that have made a major con­ 1920's after 3 long years of military struggle, IN THE HOUSE OF REPRESENTATIVES tribution to reducing demand for energy and and was divided between the Soviets in the driving prices down. Friday, January 27, 1989 East and the Poles in the West. This increase in consumption has implica­ Mr. TORRICELLI. Mr. Speaker, it is with ad­ During this period of independence, the tions for our economy as well as our environ­ miration and respect that I rise today to pay Ukrainian people were able to live under free­ ment. Imports of energy have been increasing tribute to Carl R. Hartmann, a lifelong resident doms completely unknown to them before or at the same time that our balance of trade of Wallington, NJ. Carl has held a special since that time. The Third Universal of the has worsened. If our economy becomes less place in both his county and his community in Ukrainian National Republic, issued in Novem­ energy efficient, our manufactured products his service as Bergen County clerk since ber 1917, proclaimed the same freedoms for will become less competitive in the world 1973, and as Wallington Borough clerk since Ukrainian citizens that we find in our own bill market, thereby making the trade deficit 1972. of rights. During this time, Ukrainian citizens worse. Active in many areas of public service, Carl were able to enjoy the freedoms of speech, The Department of Energy's State and local is a U.S. Army veteran, a member of the New press, religion, assembly, and others. assistance programs make a positive contribu­ Jersey National Guard, and the past com­ Despite the Soviet domination of the Ukrain­ tion to the schools, hospitals, low-income mander of VFW Pavlick-Koster Post 2640. ian people since the early 1920's, however, households, businesses, and farms that use Carl's activism on behalf of others and his the spirit of freedom and democracy lives on their services. These programs can also make sense of commitment to his borough, and to in the hearts of the Ukrainian people. On January 27, 1989 EXTENSIONS OF REMARKS 1187 behalf of the Ukrainian community of Greater A CASE OF SPEED AND BASEBALL SMARTS "Stealing against the Red Sox and Tigers Cleveland and Ohio, I want to send a mes­ are being cleared each EPA GRANTED PERMIT TO CON­ to this clear and present danger? To cut en­ year, we must make this issue a national pri­ TRACTING FIRM WITH VIOLA­ viromental funding this coming year by 10 ority, then an international one. The U.S. percent. needs to adopt an international code of con­ TIONS STILL PENDING FOR We're told that money is tight. But, in duct similar to that of Great Britian in HAZARDOUS WASTE INCINERA­ 1989, the Pentagon budget will rise by 4 per­ order to stop the rape-and-run policy that is TOR TO BE BUILT IN VERNON, cent, even though we are already spending encouraged by present World Bank and CA at the same wartime level, in constant dol­ Inter-American Development Fund pro­ lars. As we did during the Vietnam and grams. We should also encourage a trade Korean conflicts. policy that bans the importation of any HON. EDWARD R. ROYBAL There are those who will argue that a wood taken from unsustainable forests that OF CALIFORNIA wartime economy is necessary for our sur­ are clear-cut, not reforested, without effec­ IN THE HOUSE OF REPRESENTATIVES tive erosion programs, or are taken from vival. Friday, January 27, 1989 We say: areas too large to be properly managed. We cannot survive spending 52 cents of The U.S. Congress is on the verge of pass­ Mr. ROYBAL. Mr. Speaker, I would like to every Federal dollar on the Pentagon and ing a model bill on tropical forest manage­ bring to the attention of my colleagues the fol­ less than 2 cents on our environment. ment and is recognizing the need to pre­ lowing procedures, or lack thereof, which took We cannot survive spending less than a serve the plants, animals, insects, and other flora and fauna contained in forest ecosys­ place regarding the installation of a hazardous penny of each tax dollar protecting our air, waste incinerator in a neighboring district to our land, and our water. tems. Sen. Roth of Delaware and Congress­ We cannot survive spending less in a full man Gus Yatran of Pennsylvania are she­ my own 25th District located in Los Angeles. year combatting acid rain than we spend in parding this bill through Congress and need On September, 15, 1988, nine of my California one minute blowing up a nuclear device to be supported in their efforts. The bill colleagues and myself wrote a letter to Mr. under the Nevada Desert. would require that any U.S. assistance Daniel W. McGovern, Administrator, Region But, thank God, in a democracy, we have would not finance penetration roads, large IX, of the Environmental Protection Agency choices. scale dams, and colonization schemes. [EPA]. asking them to deny the California De­ For 121 million dollars, we can chose to Global warming and the greenhouse effect may seem to present insurmountable partment of Health Services' [CDHS] decision plant one MX missile in the gound or plant made in July 1988, granting California Thermal 611 millon two-year seedlings. problems. However, every tree planted, We can choose to start paying more to our every legislative action enforced, every hand Treatment Service [CTIS] a permit to operate Federal parks system, to our U.S. Wildlife extended across political boundaries to this incinerator until conducting an environ­ Service and our Nation's Forest Service remedy this impending catastrophe, turns mental impact review [EIR]. than we spend researching space weaponry. the problem into an opportunity for world The South Coast Air Quality Management What we need now is a national tree­ peace and a clean, healthy environment. Distrtict [SCAQMD] concluded that initial fa­ planting initiative, an ozone defense force, vorable reuslts from a risk assessment and an acid rain treaty. TRIBUTE TO FORTY-NINERS performance evaluation precluded the need We dedicate the forest that we're about to for an EIR. Also, CDHS claimed that the CTIS plant to a saner, healthier future. By the spring, these beautiful trees will start re­ HON. NORMAN Y. MINETA will destroy 99.99 percent of the hazardous plenishing the air we breathe. They will OF CALIFORNIA materials to be burned. Our concern, among others-is what happens to the remaining start refurbishing our ozone shield. They IN THE HOUSE OF REPRESENTATIVES will one day provide a safet habitat for our 0.01 percent of the hazardous materials to be birds and beasts. And they will enhance the Friday, January 27, 1989 burned, 24 hours a day, 7 days a week? After beauty of our world. Mr. MINETA. Mr. Speaker, it is with great the calculation is tallied, this leakage will They will also bear witness, into the next honor and pride that I take this opportunity to result in the contamination of the air in the century, of our call for a new enlightened salute a truly great sports organization, the San Gabriel Valley, and in residents of Vernon vision of national security. For that, we thank you, pines and locusts, rain trees and San Francisco Forty-Niners. On Sunday, Janu­ and adjacent communities being exposed to sweetgums lindens and dogwoods, and tulip ary 22, 1989, the Forty-Niners and Cincinnati 2.24 tons of unincinerated hazardous waste populars. We're all in it together. Bengals treated football fans across the per year. Nation and around the world to a spectacular After another permit was issued by the EPA WHY PLANT TREEs? Super Bowl in Miami, FL. The Forty-Niners in November 1988, Congressman MARTINEZ, No change in the biosphere is more dra­ won the contest in dramatic fashion in the Congressman HAWKINS, and myself wrote to matic than the degree to which human ac­ final minute of play by besting the Bengals on Mr. Lee Thomas, Office of the Administrator, tivities have reduced forested ecosystems to a Joe Montana touchdown pass to John of the EPA to express our concerns, joining remnants. The worldwide warming that Taylor with just 34 seconds remaining on the the city of Los Angeles, Mothers of East L.A., threatens to raise the Earth's average tem­ perature by 1.5-4.5 degrees celsius (2.7-8.1!) clock. Concerned Citizens of South Central, As­ by 2050 is generating some of the most diffi­ To say that the Forty-Niners are a great semblywoman Lucille Roybal-Allard, State cult questions political leaders have faced. If team would not suffice somehow. Throughout senator, Art Torres, and Margarito Guiterrez projected warming is to be minimized, the the rugged National Football League season, over the issuance of the Resources Conserva­ build up of carbon dioxide and trace gases they were tested week after week, and only tion and Recovery Act [RCRA] permit. This 1192 EXTENSIONS OF REMARKS January 27, 1989 letter of December 15, 1988, prompted the MEDICARE INPATIENT HOSPI­ mated that each of these empty staffed beds following response: EPA would "place our TAL CAPITAL EXPENDITURE cost $40,000 per year, a very conservative es­ letter in support of those petitions in the ad­ AMENDMENTS OF 1989 timate based upon 1979 costs. Nevertheless, ministrative record for appropriate consider­ this estimate produces a total of almost $14 ation by the Administrator." HON. FORTNEY H. (PETE) STARK billion in wasted resources. Unfortunately, that letter was considered to OF CALIFORNIA Equipment and services have been prolifer­ be of no avail to the representatives, nor to IN THE HOUSE OF REPRESENTATIVES ating at a very high rate as well. In many the well-being of our citizens. We remain con­ Friday, January 27, 1989 cases hospitals have expanded services cerned. Why can't there be a full-fledged EIR? beyond the capacity which can be sustained, Mr. STARK. Mr. Speaker, I am today re­ Yes, it is one more study-an extensive study leading to situations in which the volume of introducing the medicare inpatient hospital which should not be slighted. At a time when service provided is below the level necessary capital expenditure amendments. The bill is the world is recognizing the environmental to maintain the competence of the staff. designed to limit Medicare's reimnbursement This is especially true with respect to cardi­ consequences of our modern technological in­ of hospital capital-related expenses to support ventions, our local, State, and Federal regula­ ac care. For example, in Arizona the relax­ of only those institutions and services which ation of capital expenditure review laws has tory agencies must use the proven methods are truly needed. or reports available to determine exactly what led to an increase in the number of open Given the Reagan administration's fiscal heart surgery units from 7 to 17 in just 2 amount, this 0.01 percent, damage will do to year 1990 budget, I believe that this proposal years. During this period charges for open an alreaoy fragile air quality. We, in the Los is particularly timely. The Reagan administra­ heart surgery increased 50 percent. Angeles metropolitan area, currently face the tion had proposed to pay hospital capital Of much greater concern is that an investi­ most severe air pollution conditions and be­ costs under Medicare at cost minus 25 per­ gation by an Arizona newspaper revealed that lieve that we cannot afford even a 0.01-per­ cent. death rates for open-heart patients in Phoenix cent air contamination. I wish to make clear that, absent any other jumped sharply after capital reviews were Recently we learned from the Los Angeles alternative, I will support the 25-percent reduc­ tion. The capital cost explosion in Medicare dropped. The highest mortality rates were Times, that the parent company which re­ found in hospitals which on average did not ceived the permits for Vernon Incinerator has demands a strong response. However, I am concerned that the Reagan administration ap­ meet the minimum volume standard of 200 been cited dozens of times for health and procedures per year generally accepted as safety violations at infectious waste inciner­ proach may not be the best alternative we can devise. the level necessary to maintain competence. ators in Garden Grove and Long Beach. The I believe there is a better way and that is to These hospitals suffered a mortality rate twice article went on to state. establish a system whereby each State makes that of the group of hospitals above the mini­ Twin medical waste incinerators operated deliberate, considered decisions about the mum volume. by Security Environmental Systems, Inc., in levels of capital expenditures each hospital The normal rules of economics do not Garden Grove were shut down in 1986 should incur. A limit would be established so appear to apply in any meaningful way to hos­ under pressure from the SCAQMD erating costs, par­ has dropped from 52 percent in 1983 to 3 years. ticularly as operating cost reimbursement is below 40 percent in 1988. Occupancy has The capital target for fixed assets would be controlled through prospective payment and been decreasing the fastest in the smallest derived from the proportion of total Medicare hospitals, rural hospitals with less than 100 capital payments are not. Medicare's present reimbursement method­ reimbursement represented by average capital beds. costs in fiscal year 1987. The target would in­ These data suggest that rural patients are ology contains another perverse feature, as well. Medicare pays hospitals for capital crease each year as Medicare admissions and voting with their feet and driving the extra based on Medicare's proportionate share of the hospital update factor increase. The Sec­ miles to obtain care at the nearest regional inpatient services provided by the hospital. retary would be authorized to make excep­ hospital with its broader range of services. No The approach is insensitive to whether or not tions and provide adjustments as needed. amount of throwing additional money at these the hospital is full or half-empty. For example, In order to assure that the capital expendi­ small rural hospitals through increases in the if a 400-bed hospital has half of its beds filled ture review process is based upon an explicit PPS rates will assure their survival in the face by Medicare patients and half filled by non­ assessment of the: need for investment in of this phenomenon. What is needed is a cre­ Medicare patients, Medicare will pay for about health care in a State, the bill requires each ative effort in every region of the country to half of the hospital's capital costs. However, if State to develop an inpatient hospital plan. find ways to assure access and to redefine the same hospital has one quarter of its beds The plan would address access to hospital fa­ the role small rural hospitals will play in a well­ filled with Medicare patients, one quarter with cilities, identification of hospitals and parts of planned, rational system of rural health care. non-Medicare patients, and one half of its hospitals which should close in order to reach The question of how to reimburse hospitals beds empty, Medicare will still pay half of the the occupancy targets, regionalization of inpa­ for their capital costs and how to restrict un­ capital costs for its entire plant. In essence, tient services, the special needs of public and necessary capital expenditures has occupied Medicare is subsidizing the hospital for its other disproportionate share hospitals, and a great deal of attention in the Congress over empty beds. the special needs of AIDS patients. the last few years. The prospective payment I have argued in the past that the best way The bill would treat rural facilities differently system was adopted in 1983 as the method of to deal with these sets of problems is to pay from urban facilities in recognition of the hospital operaing cost payment. Payment for hospitals a single rate for both capital and op­ unique circumstances facing rural hospitals. capital-related expenses wa~ not included in erating costs, based upon average costs per The States would not be required to review PPS due to uncertainty about the impact of in­ admission, adjusted for case mix, labor costs, the capital expenses of rural hospitals if the cluding capital reimbursement in the system. and other factors. Unfortunately, this proposal State developed a plan for rural health. The Capital continues to be reimbursed on a retro­ has engendered the violent opposition of the plan would provide a strategy for stabilization spective cost basis. hospital industry and has not been enacted. of rural health care through regionalization of Congress directed the Secretary of Health Wide variation in hospital-specific capital costs services, development of alternatives to tradi­ and Human Services to study and report to has also raised questions about the effect tional inpatient hospital facilities, and recogni­ the Congress on a proposal to include capital such a proposal may have on access to indi­ tion of the unique transportation needs of rural in the prospective payment system. The report vidual hospitals. communities, regarding both emergency and was submitted in March 1986, proposing a The proposed legislation I am reintroducing nonemergency health needs. system for capital costs which would pay hos­ today is an effort to provide a comprehensive An important component of my bill is that it pitals a flat amount per Medicare admission response to the various issues surrounding would allow Governors to designate local based upon the actual national average cap­ the capital expenditure dilemma. It represents review agencies to provide for review of cap­ ital payment per admission at that point in an effort to balance the need to provide ap­ ital investment proposals at the local or re­ time. This system was to be implemented Oc­ propriate incentives within individual hospitals gional level. I have included this provision, tober 1, 1986. Given concerns about the versus the need to guide the entire hospital notwithstanding the problems in coordination impact of this proposal on specific hospitals, care delivery system in an efficient manner, which have occurred in the past with similar Congress first delayed its implementation until taking into a.:: count the population's need for structures, because I believe something very October 1, 1987, and then again until October services. important has been lost in the health care 1, 1991. My proposal requires each State with an system over the last several years with all the During the same period, based upon prom­ urban hospital occupancy rate below 85 per­ ises that market competition would slow the cent and a rural occupancy rate below 75 per­ talk about competition and market share. medical arms race, the Reagan administration cent to establish a system to review and ap­ Health is a community affair, one about successfully ended Federal support for capital prove the capital expenditures of new hospi­ which everyone in a community ought to have review programs. tals which cost more than $1 million or which a right to speak. Decisions about hospital care This has left us with the worst of both create new beds or services. If the State did are not ones which should be closely held in worlds. On the one hand, we have in effect not create such a system, Medicare would not the powerful hands of administrators, doctors, told the States that we no longer care about reimburse hospitals in the State for their cap­ or trustees. We should have a forum in which their efforts to restrain hospital capital ex­ ital expenditures. communities may debate the future of health penditures, leaving 14 States to drop their In response to those who would point out care in that community. After all, well over half capital review programs, while many others that capital expenditure review systems have the revenue of hospitals is derived from public focus on reviews of nursing homes where the not been as effective as we had hoped in the sources. It seems unreasonable to deny the States have a much more direct financial in­ past, my bill provides the essential missing in­ public the right to debate capital investment terest. On the other hand, we have retained a gredient in assuring the success of these pro­ decisions supported by their own money. My retrospective cost-based reimbursement grams-an overall limit on capital expenses bill would allow, but not require, the designa­ system which creates distortions which against which competing proposals can be tion of agencies at the local level to perform demand correction. evaluated. this role. 1194 EXTENSIONS OF REMARKS January 27, 1989 Reimbursement of capital costs is the most (e) Any decision of the state regarding a V. Rural hospital capital expenses and rural important remaining area in which the Con­ review would be based solely on the agency's health plan gress has not reached consensus regarding review and record of the review: and The state would not be required to review Medicare hospital payment policy. My bill pre­ (f) An application for an expenditure proposed capital expenditures for rural hos­ sents an effort to provide a new approach would include a timetable for completing pitals in the state. If the state chose not to the review and any approval cot'ld be with­ which mixes the best of the old and the new review rural facilities, its capital expendi­ drawn if the state found that a good faith ture limit would be adjusted accordingly to in order to provide a reasonable, orderly re­ effort to meet the timetable was not being exclude rural expenditures. sponse to the need for a hospital capital in­ made. The state would be required to develop a vestment policy. rural health plan which would have as its A summary of the bill follows: III. Capital-payment ratio limitation major focus the assurance of access to inpa­ MEDICARE INPATIENT HOSPITAL CAPITAL State approvals of proposed capital ex­ tient and other health services by low densi­ EXPENDITURES AMENDMENTS penditures for other than moveable equip­ ty rural populations. The plan would be re­ ment The state entered into an agreement to national level of that ratio in fiscal year VI. Local review review proposed capital expenditures in tbe 1987. The effect would be that capital pay­ state, or The State review plan may provide for ments could grow to faster than DRG pay­ designation of local review agencies to assist (b) The average occupancy of licensed ments. hospital beds exceeded 85 percent in urban in reviewing capital expenditures. If local In establishing the limit, the Secretary agencies were designated, the state review areas and 75 percent in rural areas in the would project the estimated amount of state. agency would be required to take into ac­ DRG payments and capital payments in the count the recommendations of the local II. Requirements for State capital state for future years when new capital agencies regarding proposed capital expend­ expenditure review projects would come on line. The Secretary itures. The State would be required to establish a would also take into account the impact of VII. Reimbursement for capital process for capital expenditures reviews capital reimbursement for moveable equip­ expenditures which met the following requirements: ment paid on a fixed basis (a) All proposed capital expenditures by Reimbursement for approved and existing In consultation with the Prospective Pay­ capital expenditures for fixed assets would hospitals in urban areas of the state exceed­ ment Assessment Commission, the Secre­ ing $1 million would be reviewed; continue to be made on a cost pass-through tary would be authorized to adjust the ratio basis. Reimbursement for new and existing Approvals would not exceed the capital­ from time to time to take into account un­ payment ratio limitation ; capital expenditures for moveable assets foreseen circumstances and changes in med­ would be made through a fixed add-on to Reviews would consider the relation­ ical practice. ship of the proposed expenditure to the In­ per admission payments for operating costs. patient Hospital Facilities Plan (described IV. Inpatient hospi tal facilities (JHF) plan The add-on would be phased in over three below>; the need of the population served Each IHF plan would be designed to years. for the proposed service, equipment, or fa­ assure that the needs of the states' resi­ VIII. Federal support for State capital cility; the availability of alternative, less dents for inpatient hospital facilities are expenditure review costly, or more effective methods for provid­ met; include occupancy targets; and be de­ The bill would authorize grants to states ing the service; and the extent to which the veloped in consultation, with appropriate from the Part A Medicare Trust Fund. proposed services would be available to all mental health, mental retardation, alcohol­ Each State would receive, on a 75/25 the residents of the service area, particular­ ism, and drug abuse authorities. matching basis an amount equal to .70 per ly the indigent; Each plan would be required to identify person if the state chose not to designate (d) Reviews would be performed consist­ which hospitals would be closed in order to local review agencies and $1.00 per person if ent with procedures and criteria established meet the occupancy targets, provide for re­ the state so chose; however, no state could in regulation, decisions would be made in gionalization of inpatient services, and ad­ receive less than $1.0 million nor more than public meetings, opportunity would be af­ dress the special needs and circumstances of $7.5 million without local agencies or less forded for public hearings, and the state disproportionate share hospitals and AIDS than $1.25 million nor more than $10 mil­ would provide for appeal; patients. lion with local agencies.

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